Not-so-big issues; sorting through little-noted decisions from the Court's last term
Article Abstract:
The US Supreme Court's 1992-1993 term included decisions which generated little publicity. These included Eighth Amendment cases on 'excessive fines' and 'cruel and unusual punishment.' The term was also marked by a fraying of the justices' usual veneer of civility in TXO Production Corp v. Alliance Resources Corp, a case on the constitutionality of a punitive damages award. United States National Bank v. Independent Insurance Agents may win an award for peculiarity since it presented the judges with the question of when a statute ceases to be a statute.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
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Shutting the door; decisions impose new burdens on aliens seeking a home in the United States
Article Abstract:
Recent Supreme Court decisions indicate a tendency to give the executive branch great power over immigration matters. Baker v Haitian Refugee Center stayed a court order blocking the forced return of Haitians fleeing political repression. INS v Elias-Zacarias narrowed the definition of political persecution. INS v Doherty gave the attorney general broad discretion to decide whether to reopen a deportation. Employment of aliens contesting their deportation and legal fees for aliens' counsel were restricted in other decisions.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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Prisoner rights rebound; inmates score victories in recent Supreme Court decisions
Article Abstract:
The 1991-92 US Supreme Court term has seen the justices agreeing with prisoners about violations of their constitutional rights in a number of cases. Chief Justice Rehnquist sided with the majority in all the pro-prisoner decisions, while Justice Thomas accused his colleagues of turning the Eighth Amendment into a law of prison regulation. These pro-prisoner decisions are particularly surprising in view of the court's conservative criminal justice views in other areas, such as the stress on confining habeas corpus review.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
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