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January 2001

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USA Constitutional Law
Table of Contents: Primary
List of Cases Decided By The United States Supreme Court Decided 2000

United States Constitutional Law
United States Supreme
Court Case Summaries
January 2001

US Supreme Court - Case Summaries
January 2001 Opinion Summaries
Number of summaries 6

SOLID WASTE AGENCY OF NORTHERN COOK COUNTY v. U.S. ARMY CORPS OF ENG'RS

99–1178 - 01/09/01

Environmental Law

Title 33 CFR 328.3(a)(3) exceeds the authority of The Clean Water Act at 33 USC 1344(a) (regulating the discharge of dredged or fill material into navigable waters) when applied to an abandoned sand and gravel pit which provides habitat for migratory birds.

GITLITZ v. COMM'R OF INTERNAL REVENUE

99–1295 - 01/09/01

Tax Law

26 USC 108(a) provides only that an insolvent S corporation's discharge of debt ceases to be included in gross income, but does not change the character of the discharge as "an item of income," so taxpayers may thus increase their basis in the shares and deduct suspended losses.

GLOVER v. US

99–8576 - 01/09/01

Criminal Law & Procedure

Even minimal jail time can qualify as prejudice for Strickland purposes. An incorrect sentencing calculation can be corrected on appeal, but not if courts set up arbitrary guidelines about whether an increased sentence is significant.

LOPEZ v. DAVIS

99–7504 - 01/10/01

Criminal Law & Procedure

The federal Bureau of Prisons has the discretion to consider preconviction conduct when implementing Congress' goal of rewarding nonviolent offenders who complete a substance abuse program.

SELLING v. YOUNG

99–1185 - 01/17/01

Constitutional Law, Criminal Law & Procedure

Washington State's Community Protection Act of 1990 (Act), which authorizes the civil commitment of "sexually violent predators," cannot be deemed punitive "as applied" to a single individual in violation of the Double Jeopardy and Ex Post Facto Clauses.

CITY NEWS & NOVELTY, INC. v. CITY OF WAUKESHA

99–1680 - 01/17/01

Constitutional Law

Where adult bookstore has ceased operations, controversy over whether a failure to relicense constitutes prior restraint of expression is moot.

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