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				January 14, 2003

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USA Constitutional Law
Table of Contents: Primary

United States Constitutional Law
United States Supreme
Court Case Summaries
January 27, 2003

United States Constitutional Law
United States Supreme
Court Case Summaries
January 14, 2003
01/14/03

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US Supreme Court - January 2003 Opinion Summaries
Number of summaries7

SATTAZAHN v. PENNSYLVANIA01-7574 - 01/14/03

01-7574 - 01/14/03

Constitutional Law, Criminal Law & Procedure, Sentencing

There was no Double Jeopardy bar to the state of Pennsylvania's seeking the death penalty on re-trial, where a defendant convicted of murder and sentenced to life succeeded in having his conviction set aside on appeal.

SATTAZAHN v. PENNSYLVANIA -01-7574 - 01/14/03

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PIERCE COUNTY v. GUILLEN01-1229 - 01/14/03

01-1229 - 01/14/03

Commercial Law, Constitutional Law, Evidence, Injury and Tort Law, Transportation

An evidentiary privilege, 23 U.S.C. section 409, which protects information related to certain federal highway safety programs from discovery or admission in certain federal and state trials, is aimed at improving safety in channels of commerce and is a proper exercise of Congress's Commerce Clause authority.

PIERCE COUNTY, WASHINGTON v. GUILLEN, legal 01-1229 - 01/14/03

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BARNHART v. PEABODY COAL CO.-01-705 - 01/15/03

01-705 - 01/15/03

Administrative Law, Government Benefits, Labor & Employment Law

An initial assignment of an extant operating company or related entity to a coal industry retiree, for funding of benefits under the Coal Industry Retiree Health Benefits Act, made after the date designated for such assignment under 26 U.S.C. section 9706(a) is valid despite its untimeliness.

BARNHART, COMMISSIONER OF SOCIAL SECURITY v. PEABODY COAL CO. et al.

ELDRED v. ASHCROFT

01-618 - 01/15/03

Constitutional Law, Intellectual Property, Copyright

Congress acted within its authority and did not transgress constitutional limitations in enlarging the duration of copyrights under the Copyright Term Extension Act, placing existing and future copyrights in parity.

ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL -01-618 - 01/15/03

US v. RECIO1-1184 - 01/21/03conspiracy

01-1184 - 01/21/03

Criminal Law & Procedure

A conspiracy does not automatically terminate simply because the government has defeated its object, thus the Ninth Circuit erred in finding that a conspiracy ends through "defeat" when the government intervenes, making the conspiracy goal impossible to meet, even if the conspirators do not know of the government's intervention.

UNITED STATES v. JIMENEZ RECIO et al.-01-1184 - 01/21/03

MEYER v. HOLLEY

01-1120 - 01/22/03

Civil Rights, Corp. Governance, Corporation & Enterprise Law, Labor & Employment Law, Property Law & Real Estate

The Fair Housing Act, 42 U.S.C. Sections 3604(b), 3605(a), imposes liability without fault upon an employer in accordance with traditional agency principles, i.e., it normally imposes vicarious liability upon a corporation but not upon its officers or owners.

MEYER v. HOLLEY et al. -01-1120 - 01/22/03

FED. COMMUNICATIONS COMM'N v. NEXTWAVE PERSONAL COMMUNICATIONS, INC.01-653/657 - 01/27/03

01-653/657 - 01/27/03

Bankruptcy Law, Commercial Law, Communications Law, Copyright, Cyberspace Law, Intellectual Property

Bankruptcy Code section 525 prohibits the FCC from removing licenses held by a debtor in bankruptcy upon the debtor's failure to make timely payments owed to the FCC for purchase of the licenses.

FEDERAL COMMUNICATIONS COMMISSION v. NEXTWAVE -01-653/657 - 01/27/03

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FED. COMMUNICATIONS COMM'N v. NEXTWAVE PERSONAL COMMUNICATIONS, INC.01-653/657 - 01/27/03

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