Highlights of the Supreme Court's 1997-98 Term

The Court ruled on:

ADA

• HIV as Disability - Bragdon v. Abbott (June 25, 1998)
  Suit under Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12182, brought against a dentist who upon discovering a cavity informed patient of his policy against filling cavities of HIV-infected individuals in his office. He offered to perform the work at a hospital at no extra charge, though the use of the hospital's facilities did carry an additional charge.

Banking, bankruptcy and loans

• Permissible Composition of Federal Credit Unions - National Credit Union Administration v. First National Bank & Trust Co. (February 25, 1998)
  An attack by commercial banks on an interpretation of §109 of the Federal Credit Union Act (FCUA) (12 U.S.C. § 1759) by the National Credit Union Administration (NCUA) which allowed federal credit unions to enroll members of numerous unrelated employer groups.
• Discharge of Malpractice Judgments in Bankruptcy - Kawaauhau v. Geiger (March 3, 1998)
  The Kawaauhaus sought to have a medical malpractice judgment held nondischargeable under 11 U.S.C. § 523(a)(6) in the doctor's subsequent bankruptcy proceeding.

Civil procedure

• Civil Rights Suit Immunity of City Officials - Bogan v. Scott-Harris (March 3, 1998)
  Suit against city officials under 42 U.S.C. § 1983 alleging that the elimination of the city department in which Scott-Harris was the sole employee was motivated by racial animus and a desire to retaliate against her for exercising First Amendment rights. Officials claimed immunity on the same basis as federal and state legislators.
• Federal Court Jurisdiction Over Disputes That Include State or Local Administrative Claims - Chicago v. International College of Surgeons (December 15, 1997)
  Removal to Federal Court of challenge to Chicago's landmark district initially brought in state court.
• Constitutional Claims Based on Reckless Police Conduct - County of Sacramento v. Lewis (May 26, 1998)
  Suit under 42 U.S.C. § 1983 by the parents of a 16-year-old boy on the theory that the high-speed police chase that led to their son's death amounted to a violation of his Fourteenth Amendment rights.

Copyright

• Unauthorized Importation as Infringement - Quality King Distributors Inc. v. L'Anza Research International Inc. (March 9, 1998)
  Action by L'anza seeking to block the importation and discounted sale of its products initially sold by an authorized United Kingdom distributor to a distributor in Malta, who sold them, in turn, to a U.S. importer.

Criminal Law and Procedure

• Double Jeopardy - Hudson v. United States (December 10, 1997)
  Double jeopardy challenge to criminal prosecution following the imposition of monetary penalties and occupational debarment by the Office of the Comptroller of the Currency.
• Fair Trial - Gray v. Maryland (March 9, 1998)
  Appeal from a conviction on the ground that the reading of co-defendant's confession to the jury denied defendant a fair trial notwithstanding the deletion of his name.
• Forefeiture - United States v. Bajakajian (June 22, 1998)
  Assertion that property owners cannot suffer criminal forfeiture grossly disproportionate to the offense committed under the Eighth Amendment.
• Self Incrimination - Ohio Adult Parole Authority v. Woodard (March 25, 1998)
  Assertion by inmate facing a death sentence that the inclusion of a voluntary interview as part of the clemency process violated his Fifth Amendment right against self-incrimination.
• Jury Instructions in Death Penalty Case - Buchanan v. Angelone (January 21, 1998)
  Constitutional challenge to court's refusal to give requested instructions on particular statutory mitigating factors plus a general instruction on the concept of mitigating evidence in penalty phase of capital case.
• Charging Prior Convictions in Indictment - Almendarez-Torres v. United States (March 24, 1998)
  The imposition of a maximum possible sentence of 20 years imprisonment on the basis of a prior conviction appealed on the ground that the prior conviction had not been mentioned in the indictment.
• Sentencing - Lewis v. United States (March 9, 1998)
  Interpretation of the federal Assimilative Crimes Act (ACA), 18 U.S.C. § 13(a), which calls for drawing upon state criminal law to fill gaps in the federal code, as applied to a killing which occurred on an Army base in Louisiana, and arguably was covered by a federal second-degree murder statute - 18 U.S.C. § 1111.

Election Law

• Election Day for Members of Congress - Foster v. Love (December 2, 1997)
  A challenge to Louisiana's October "open primary" for congressional offices on the ground that it in effect established an earlier election day than set by 2 U.S.C. § 1 and 2 U.S.C. § 7.
• Switch from Plurality to Majority Voting in Mayoral Elections - City of Monroe v. United States (November 14, 1997)
  Claim by the United States that the city of Monroe, Georgia was required by §5 of the Voting Rights Act of 1965, 42 U.S.C. §1973c, to obtain preclearance before switching from plurality to majority voting.

Employment Law

• Release of Age Discrimination Claims - Oubre v. Entergy Operations Inc. (January 26, 1998)
  Employer's defense in age discrimination claim based on release signed in consideration for severance pay under an employment termination agreement.
• Employer Liability for Sexual Harassment - Burlington Industries v. Ellerth (June 26 ,1998)
  Sexual harassment claim by Ellerth based on alleged sexual advances by a supervisor brought after she quit her job.
• Employer Liability for Sexual Harassment - Faragher v. City of Boca Raton (June 26, 1998)
  Similar claim by Faragher, after resigning as a lifeguard for City of Boca Raton, on the basis that her supervisors had created a "sexually hostile atmosphere."
• Same-Sex Sexual Harassment - Oncale v. Sundowner Offshore Services, Inc. (March 4,1998)
  Interpretation of the reach of 42 U.S.C. § 2000e to cover sexual harassment directed against employee by coworkers of the same sex.
• Student Sexual Harassment - Gebser v. Lago Vista Independent School District (June 22, 1998)
  Assertion by a student that a school district is liable for a teacher's sexual harassment despite the absence of knowledge on the school district's part.

Evidence

• Polygraph Evidence - U.S. v. Scheffer (March 31, 1998)
  Defendant's contention that to bar polygraph evidence offered in support his own testimony denied his Sixth Amendment right to present a defense.

First Amendment

• Federal Arts Funding - National Endowment for the Arts v. Finley (June 25, 1998)
  First Amendment challenge to statutory requirement that the NEA take decency into account when determining grants to artists.
• Televised Candidate Debates - Arkansas Educational Television Commission v. Forbes (May 18, 1998)
  Exclusion of Forbes, a independent candidate with limited support, from the state-owned television network's 1992 forum for candidates challenged on First Amendment grounds.

Legal Profession

• Interest on Client Trust Accounts - Phillips v. Washington Legal Foundation (June 15, 1998)
  Challenge to mandatory program under which the interest on attorneys' client fund trust accounts is used to fund legal services for low-income persons.
• Attorney-Client Privilege - Swidler & Berlin v. U.S. (June 25, 1998)
  Attempt to subpoena notes of an attorney's interview with a client after the client's death.

Miscellaneous

• Ownership of Ellis Island - New Jersey v. New York (May 26, 1998)
  Litigation between New York and New Jersey over ownership of Ellis island.

Native American Law

• Alaska v. Native Village of Venetie Tribal Government (February 25, 1998)
  Application of the phrase "Indian country" in 18 U.S.C. § 1151(b), as it governs the taxation of non-Indians, to land transferred to a tribal government under the Alaska Native Claims Settlement Act (ANCSA). the Tribe lacked the power to impose a tax upon nonmembers of the Tribe.

President and Congress

• Line Item Veto - Clinton v. City of New York (June 25, 1998)
  Constitutional challenge to the 1996 Line Item Veto Act.

Trade Law

• Habor Maintenance Tax - United States v. United States Shoe Corp. (March 31, 1998)
  Harbor Maintenance Tax (26 U.S.C. § 4461) imposed on articles exported by United States Shoe, protested as a violation of the Export Clause, U.S. Const., Art. I, §9, cl. 5.