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   Federal Courts - U. S. Supreme Court - March 22 - March 30, 1999

  
Cent. State Univ. v. Am. Ass'n of Univ. Professors, No. 98-1071, SUPREME COURT OF THE UNITED STATES, March 22, 1999, Decided
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Overview: Contrary to claim of collective bargaining agent for university's professors, university could exempt faculty workload from collective bargaining without violating equal protection clauses of state and federal constitutions.

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Rivera v. Fla. Dep't of Corr., No. 98-7450, SUPREME COURT OF THE UNITED STATES, March 22, 1999, Decided
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Overview: Petitioner abused the certiorari and extraordinary writ process by submitting frivolous filings, so petitioner's request to proceed in pauperis with a writ of certiorari was denied, and prospective noncriminal filings were barred.

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Kumho Tire Co. v. Carmichael, No. 97-1709, SUPREME COURT OF THE UNITED STATES, March 23, 1999, Decided
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Overview: Respondent customers sued petitioner tire maker after a tire blew out on their minivan. Respondents' expert in tire failure analysis intended to testify that a defect in the tire's manufacture or design caused the blow-out. The district court excluded the expert's testimony after an examination of Daubert's reliability-related factors. The court of appeals reversed. On appeal, the Court held that the Daubert standard of evidentiary reliability was not limited to scientific testimony but extended to all expert testimony. A trial judge could have considered Daubert's specific factors to assess reliability and to determine admissibility. However, the Court emphasized that while a trial judge may consider those factors, the factors may or may not apply in a particular case. The Court found that some of Daubert's questions were helpful in evaluating the reliability even of experience-based testimony. The Court concluded that refusal to admit the testimony of respondents' expert was not an abuse of discretion where no evidence existed that any other tire expert accepted the methodology of respondent's expert.

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S. Cent. Bell Tel. Co. v. Ala., No. 97-2045, SUPREME COURT OF THE UNITED STATES, March 23, 1999, Decided
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Overview: Respondent state's franchise tax violated the Commerce Clause because domestic corporations could reduce their tax liability by simply reducing the par value of their stock while petitioner taxpayers, foreign corporations, were denied that ability.

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Jones v. United States, No. 97-6203, SUPREME COURT OF THE UNITED STATES, March 24, 1999, Decided
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Overview: A carjacking statute stated three distinct offenses, not sentencing factors, because the statute was subject to reasonable interpretation and was construed to avoid constitutional problems with petitioner's right to a jury.

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Minn. v. Mille Lacs Band of Chippewa Indians, No. 97-1337, SUPREME COURT OF THE UNITED STATES, March 24, 1999, Decided
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Overview: Chippewa Indians retained usufructuary rights in lands ceded to federal government under 1837 treaty; presidential executive order, subsequent treaty, and statute admitting state to union did not extinguish those rights.

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Lowe v. Pogue, Nos. 98-7591, 98-7952, 98-8073 and 98-8082, SUPREME COURT OF THE UNITED STATES, March 29, 1999, Decided
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Overview: Petitioner's request to proceed in forma pauperis was denied because petitioner abused the court's certiorari and extraordinary writ processes by making at least 31 frivolous filings in the court.

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United States v. Rodriguez-Moreno, No. 97-1139, SUPREME COURT OF THE UNITED STATES, March 30, 1999, Decided
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Overview: Defendant was convicted for using or carrying a firearm during kidnapping, despite the fact that he had not possessed a firearm in that district because venue was proper in any district wherein underlying violent crime occurred.

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