Opening the gates; recent rulings may spawn more litigation

Article Abstract:

The Rehnquist Court has often been portrayed as a body with no burning interest in protecting civil rights, but during the court's 1992 term the court protected or broadened the rights of landowners, smokers and antitrust plaintiffs. Cipollone v Liggett Group held that there was no preemption of a wrongful death cause of action despite federal warning labels required on cigarette packages. Lucas v South Carolina Coastal Council held that 'just compensation' is due a beachfront landowner whose land was subject to a regulatory taking. There were two antitrust cases.

Antitrust law, Smoking, Regulatory taking (Law)

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No clear standard; defendants face barriers in habeas challenges to convictions

Article Abstract:

The US Supreme Court ruled against two prisoners in the habeas corpus suits of Herrera v Collins and Graham v Collins. In Herrera, the court ruled that the petitioner had not presented sufficient evidence to warrant a habeas claim for reconsidering his guilt. In Graham, the court referred to Teague v Lane which forbade habeas proceedings when they would require a new precept of constitutional law. The court felt satisfied if the state criminal proceedings abided by the constitutional requirements of the time.

Habeas corpus

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Judicial restraints; court to decide reach of the federal arm of the law

Article Abstract:

Criminal law issues to be considered by the US Supreme Court during the 1997-98 term include the application of the federal bribery statute to state employees, whether double jeopardy bars the criminal prosecution of bank officials who have paid civil fines, the 'exculpatory no' doctrine, and the meaning of intent in the context of USC 1097a, which requires evidence of a wilful misapplication of government funds.

United States, Interpretation and construction, United States. Supreme Court, 1998 AD

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