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CG
Writers: Please start putting your Decisions only in this folder and Cert.Granted in the other. Please ignore the sub-categories until they are deleted. Thanks.
Arkansas Game & Fish Commission v. United States
Constitutional Law: Whether a physical invasion must be permanent in order to constitute a taking under the Fifth Amendment.
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Moncrieffe v Holder
Immigration: Whether the government bears the burden of proving a defendant was convicted of a drug trafficking charge that would constitute a federal felony in order to justify removal as an aggravated felon under 21 U.S.C. § 841(a)(1).
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Vasquez v. United States
Evidence: Certiorari dismissed as improvidently granted.
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Florence v. Board of Chosen Freeholders of the County of Burlington
Criminal Procedure: The elimination of contraband in correctional facilities requires reasonable search procedures, and courts should defer to prison officials as to the reasonableness of these procedures.
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Vartelas v. Holder
Immigration: Application of IIRIRA § 1101(a)(13)(C)(v) to convictions entered prior to the passage of IIRIRA imposes a new disability in respect to past events and violates the presumption against the retroactive application of laws in the absence of clear Congressional intent. Additionally, the immigration law in place at the time of conviction is the law that governs the impact of that conviction.
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FAA v. Cooper
Tort Law: The Privacy Act of 1974, 5 U.S.C. §552a(g)(4)(A), does not abrogate sovereign immunity for damages arising from emotional and mental distress.
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Setser v. United States
Sentencing: Federal district courts have discretion to order a federal sentence to run consecutively with a state sentence that has yet to be imposed.
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Florida v. Harris
Criminal Procedure: Whether a State Supreme Court's decision that an alert by a well-trained and certified narcotics detection dog is insufficient to establish probable cause for the search of a vehicle is impermissible because it contradicts established Fourth Amendment precedent.
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Zivotofsky v. Clinton
Constitutional Law: The district court's determination of whether a Jerusalem-born US citizen may choose to have Israel listed as his place of birth on his passport is not barred by political question doctrine.
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Credite Suisse Securities v. Simmonds
Civil Procedure: Because the usual rules of equitable tolling apply to §16 of the Securities Exchange Act of 1934, the 2-year limitation for actions to recover for profit due to unfair use of information starts from the date the profit was realized and is not tolled until the filing of a §16(a) statement.
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