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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: us supreme court Year: 2003 Page 5 of about 67 results (0.048 seconds)

Jun 23 2003 (FN)

Grutter Vs. Bollinger

Court : US Supreme Court

Decided on : Jun-23-2003

grutter v. bollinger - 539 u.s. 306 (2003) october term, 2002 syllabus grutter v. bollinger et al. certiorari to the united states court of appeals for the sixth circuit no.02-241. argued april 1, 2003-decided june 23, 2003 the university of michigan law school (law school), one of the nation's top law schools, follows an official admissions policy that seeks to achieve student body diversity through compliance with regents of univ. of gal. v. bakke, 438 u. s. 265 . focusing on students' academic ability coupled with a flexible assessment of their talents, experiences, and potential, the policy requires admissions officials to evaluate each applicant based on all the information available in the file, including a personal statement, letters of recommendation, an essay describing how the applicant will contribute to law school life and diversity, and the applicant's undergraduate grade point average (gpa) and law school admission test (lsat) score. additionally, officials must look beyond grades and scores to so-called "soft variables," such as recommenders' enthusiasm, the quality of the undergraduate institution and the applicant's essay, and the areas and difficulty of undergraduate course selection. the policy does not define diversity solely in terms of racial and ethnic status and does not restrict the types of diversity contributions eligible for "substantial weight," but it does reaffirm the law school's commitment to diversity with special reference to the inclusion .....

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Jun 23 2003 (FN)

United States Vs. American Library Assn., Inc.

Court : US Supreme Court

Decided on : Jun-23-2003

united states v. american library assn., inc. - 539 u.s. 194 (2003) october term, 2002 syllabus united states et al. v. american library association, inc., et al. appeal from the united states district court for the eastern district of pennsylvania no. 02-361. argued march 5, 2003-decided june 23, 2003 two forms of federal assistance help public libraries provide patrons with internet access: discounted rates under the e-rate program and grants under the library services and technology act (lsta). upon discovering that library patrons, including minors, regularly search the internet for pornography and expose others to pornographic images by leaving them displayed on internet terminals or printed at library printers, congress enacted the children's internet protection act (cipa), which forbids public libraries to receive federal assistance for internet access unless they install software to block obscene or pornographic images and to prevent minors from accessing material harmful to them. appellees, a group of libraries, patrons, web site publishers, and related parties, sued the government, challenging the constitutionality of cipa's filtering provisions. ruling that cipa is facially unconstitutional and enjoining the government from withholding federal assistance for failure to comply with cipa, the district court held, inter alia, that congress had exceeded its authority under the spending clause because any public library that complies with cipa's conditions will .....

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Jun 23 2003 (FN)

Green Tree Financial Corp. Vs. Bazzle

Court : US Supreme Court

Decided on : Jun-23-2003

green tree financial corp. v. bazzle - 539 u.s. 444 (2003) october term, 2002 syllabus green tree financial corp., nka conseco finance corp. v. bazzle et al., in a representative capacity on behalf of a class and for all others similarly situated, et al. certiorari to the supreme court of south carolina no. 02-634. argued april 22, 2003-decided june 23, 2003 the bazzle respondents and the lackey and buggs respondents separately entered into contracts with petitioner green tree financial corp. that were governed by south carolina law and included an arbitration clause governed by the federal arbitration act. each set of respondents filed a state-court action, complaining that green tree's failure to provide them with a form that would have told them of their right to name their own lawyers and insurance agents violated south carolina law, and seeking damages. the bazzles moved for class certification, and green tree sought to stay the court proceedings and compel arbitration. mter the court certified a class and compelled arbitration, green tree selected, with the bazzles' consent, an arbitrator who later awarded the class damages and attorney's fees. the trial court confirmed the award, and green tree appealed, claiming, among other things, that class arbitration was legally impermissible. lackey and the buggses also sought class certification and green tree moved to compel arbitration. the trial court denied green tree's motion, finding the agreement unenforceable, but the .....

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Jun 26 2003 (FN)

Georgia Vs. Ashcroft

Court : US Supreme Court

Decided on : Jun-26-2003

..... ., at 1540. the court then found that the 1995 plan was an unconstitutional racial gerrymander. see id., at 1543. under court direction, georgia and the department of justice reached a mediated agreement on the constitutionality of the 1995 senate plan. georgia passed a new plan in 1997, and the department of justice quickly precleared it. the redrawn map resembled to a .....

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Jun 26 2003 (FN)

Wiggins Vs. Smith

Court : US Supreme Court

Decided on : Jun-26-2003

wiggins v. smith - 539 u.s. 510 (2003) october term, 2002 syllabus wiggins v. smith, warden, et al. certiorari to the united states court of appeals for the fourth circuit no.02-311. argued march 24, 2003-decided june 26, 2003 in 1989, petitioner wiggins was convicted of capital murder by a maryland judge and subsequently elected to be sentenced by a jury. his public defenders, schlaich and nethercott, moved to bifurcate the sentencing, representing that they planned to prove that wiggins did not kill the victim by his own hand and then, if necessary, to present a mitigation case. the court denied the motion. at sentencing, nethercott told the jury in her opening statement that they would hear, among other things, about wiggins' difficult life, but such evidence was never introduced. before closing arguments and outside the presence of the jury, schlaich made a proffer to the court to preserve the bifurcation issue for appeal, detailing the mitigation case counsel would have presented. schlaich never mentioned wiggins' life history or family background. the jury sentenced wiggins to death, and the maryland court of appeals affirmed. represented by new counsel, wiggins sought postconviction relief, arguing that his trial counsel had rendered ineffective assistance by failing to investigate and present mitigating evidence of his dysfunctional background. he presented expert testimony by a forensic social worker about the severe physical and sexual abuse he had suffered at the .....

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Jun 26 2003 (FN)

Nike, Inc. Vs. Kasky

Court : US Supreme Court

Decided on : Jun-26-2003

nike, inc. v. kasky - 539 u.s. 654 (2003) october term, 2002 syllabus nike, inc., et al. v. kasky certiorari to the supreme court of california no. 02-575. argued april 23, 2003-decided june 26, 2003 certiorari dismissed. reported below: 27 cal. 4th 939, 45 p. 3d 243. laurence h. tribe argued the cause for petitioners. with him on the briefs were thomas c. goldstein, amy howe, walter dellinger, david j. brown, and james n. penrod. solicitor general olson argued the cause for the united states as amicus curiae urging reversal. with him on the brief were assistant attorney general mccallum, deputy solicitor general clement, jeffrey p. minear, and jeffrey a. lamken. paul r. hoeber argued the cause for respondent. with him on the brief were alan m. caplan, roderick p. bushnell, patrick j. coughlin, randi dawn bandman, albert h. meyerhoff, and sylvia sum. * *briefs of amici curiae urging reversal were filed for abc inc. et al. by bruce e. h. johnson, p. cameron devore, kelli l. sager, henry s. hoberman, theresa a. chmara, richard m. schmidt, jr., david a. schulz, r. bruce rich, jonathan bloom, susanna m. lowy, anthony m. bongiorno, harold w fuson, jr., jonathan r. donnellan, stuart d. karle, barbara w wall, jack n. goodman, james m. lichtman, neal a. jackson, george freeman, rene p. milam, henry z. horbaczewski, lucy a. dalglish, jane e. kirtley, bruce w sanford, robin bierstedt, karlene w goller, and eric n. lieberman; for the american civil liberties union et al. by mark j. .....

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Jun 26 2003 (FN)

Stogner Vs. California

Court : US Supreme Court

Decided on : Jun-26-2003

stogner v. california - 539 u.s. 607 (2003) october term, 2002 syllabus stogner v. california certiorari to the court of appeal of california, first appellate district no. 01-1757. argued march 31, 2003-decided june 26, 2003 in 1993, california enacted a new criminal statute of limitations permitting prosecution for sex-related child abuse where the prior limitations period has expired if, inter alia, the prosecution is begun within one year of a victim's report to police. a subsequently added provision makes clear that this law revives causes of action barred by prior limitations statutes. in 1998, petitioner stogner was indicted for sex-related child abuse committed between 1955 and 1973. at the time those crimes were allegedly committed, the limitations period was three years. stogner moved to dismiss the complaint on the ground that the ex post facto clause forbids revival of a previously time-barred prosecution. the trial court agreed, but the california court of appeal reversed. the trial court denied stogner's subsequent dismissal motion, in which he argued that his prosecution violated the ex post facto and due process clauses. the court of appeal affirmed. held: a law enacted after expiration of a previously applicable limitations period violates the ex post facto clause when it is applied to revive a previously time-barred prosecution. california's law extends the time in which prosecution is allowed, authorizes prosecutions that the passage of time has previously .....

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Oct 20 2003 (FN)

Yarborough Vs. Gentry

Court : US Supreme Court

Decided on : Oct-20-2003

yarborough v. gentry - 02-1597 (2003) yarborough v. gentry - 02-1597 (2003) per curiam yarborough v. gentry 540 u. s. ____ (2003) supreme court of the united states michael yarborough, warden, et al. v. lionel e. gentry on petition for writ of certiorari to the united states court of appeals for the ninth circuit no. 02 1597. decided october 20, 2003 per curiam. i respondent lionel gentry was convicted in california state court of assault with a deadly weapon for stabbing his girlfriend, tanaysha handy. gentry claimed he stabbed her accidentally during a dispute with a drug dealer. handy testified for the prosecution. she stated that she recalled being stabbed but could not remember the details of the incident. the prosecution then confronted handy with her testimony from a preliminary hearing that gentry had placed his hand around her throat before stabbing her twice. albert williams, a security guard in a neighboring building, testified that he saw gentry, handy, and another man from his third-floor window. according to williams, gentry swung his hand into handy s left side with some object, causing her to lean forward and scream. williams was inconsistent about the quality of light at the time, stating variously that it was pretty dark or getting dark, that it wasn t that dark, and that the area of the stabbing was lighted up. see gentry v. roe , 320 f. 3d 891, 896 897 (ca9 2003). gentry testified in his own defense that he had stabbed handy accidentally while pushing her .....

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Nov 03 2003 (FN)

Mitchell Vs. Esparza

Court : US Supreme Court

Decided on : Nov-03-2003

mitchell v. esparza - 02-1369 (2003) mitchell v. esparza - 02-1369 (2003) per curiam mitchell v. esparza 540 u. s. ____ (2003) supreme court of the united states betty mitchell, warden v. gregory esparza on petition for writ of certiorari to the united states court of appeals for the sixth circuit no. 02 1369. decided november 3, 2003 per curiam. the court of appeals for the sixth circuit affirmed the grant of habeas relief to respondent gregory esparza after concluding that, because the eighth amendment requires the state to narrow the class of death eligible defendants, the ohio court of appeals had improperly subjected respondent s claims to harmless-error review. 310 f. 3d 414 (2002). this decision ignores the limits imposed on federal habeas review by 28 u. s. c. 2254(d), and we therefore grant the petition for certiorari and reverse. in february 1983, respondent esparza entered a store in toledo, ohio, and approached two employees, melanie gerschultz and james barailloux. no one else was in the store. at gunpoint, he ordered gerschultz to open the cash register. barailloux meanwhile fled the store through a rear door, entering the attached home of the storeowner, evelyn krieger. as barailloux was alerting krieger to the robbery, he heard a gunshot. barailloux and krieger returned to the store and found gerschultz lying on the floor, fatally wounded by a single gunshot to her neck. the cash register was open and approximately $110 was missing. respondent was charged .....

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Dec 02 2003 (FN)

Raytheon Co. Vs. Hernandez

Court : US Supreme Court

Decided on : Dec-02-2003

raytheon co. v. hernandez - 02-749 (2003) syllabus october term, 2003 raytheon co. v. hernandez supreme court of the united states raytheon co. v. hernandez certiorari to the united states court of appeals for the ninth circuit no. 02 749. argued october 8, 2003 decided december 2, 2003 after respondent tested positive for cocaine and admitted that his behavior violated petitioner s workplace conduct rules, he was forced to resign. more than two years later, he applied to be rehired, stating on his application that petitioner had previously employed him, and attaching letters both from his pastor about his active church participation and from an alcoholics anonymous counselor about his regular attendance at meetings and his recovery. the employee who reviewed and rejected respondent s application testified that petitioner has a policy against rehiring employees who are terminated for workplace misconduct and that she did not know that respondent was a former drug addict when she rejected his application. respondent filed a charge with the equal employment opportunity commission (eeoc), claiming that he had been discriminated against in violation of the americans with disabilities act of 1990 (ada). the eeoc issued a right-to-sue letter, and respondent filed this ada action, arguing that petitioner rejected his application because of his record of drug addition and/or because he was regarded as being a drug addict. in response to petitioner s summary judgment motion, .....

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