Volume 505 — United States Reports

This is a list of all the United States Supreme Court cases from volume 505 of the United States Reports:

Georgia v. McCollum, 505 U.S. 42 (1992), was a case in which the Supreme Court of the United States held that a criminal defendant cannot make peremptory challenges based solely on race. The court had previously held in Batson v. Kentucky (1986) that prosecutors cannot make peremptory challenges based on race, but did not address whether defendants could use them. The court had already ruled in Edmonson v. Leesville Concrete Company (1991) that the Batson prohibition also applies to civil litigants because they are state actors during the jury selection process. However, in Polk County v. Dodson, the court had held that a public defender is not a state actor in the context of a lawsuit for inadequate legal representation.

The Iowa statute that imposes a business tax on corporations uses the federal tax code's definition of "net income" with certain adjustments. Held: The Iowa statute facially discriminates against foreign commerce in violation of the Foreign Commerce Clause. It is indisputable that the statute treats dividends received from foreign subsidiaries less favorably than those received from domestic subsidiaries by including the former, but not the latter, in taxable income.

Gade v. National Solid Wastes Management Association, 505 U.S. 88 (1992), is a United States labor law case of the United States Supreme Court. The Court determined that federal Occupational Safety and Health Administration regulations preempted various Illinois provisions for licensing workers who handled hazardous waste materials.

Forsyth County, Georgia v. The Nationalist Movement, 505 U.S. 123 (1992), was a case in which the United States Supreme Court limited the ability of local governments to charge fees for the use of public places for private activities. By a 5–4 vote, the court ruled that an ordinance allowing the local government to set varying fees for different events violated the First Amendment due to the lack of "narrowly drawn, reasonable, and definite standards" governing the amount of the fee.

New York v. United States, 505 U.S. 144 (1992), was a decision of the United States Supreme Court. Justice Sandra Day O'Connor, writing for the majority, found that the federal government may not require states to “take title” to radioactive waste through the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act, which the Court found to exceed Congress's power under the Commerce Clause. The Court permitted the federal government to induce shifts in state waste policy through other means.

Wisconsin Department of Revenue v. William Wrigley Jr. Co., 505 U.S. 214 (1992), is a case decided by the United States Supreme Court regarding the application of state franchise taxes to out-of-state businesses.

In a state-court tort action, respondents alleged that one of them had contracted AIDS from a transfusion of contaminated blood supplied by petitioner American National Red Cross. Held: The charter's "sue and be sued" provision confers original federal court jurisdiction. Pp. 250-265. (a) A congressional charter's "sue and be sued" provision may be read to confer federal court jurisdiction if, but only if, it specifically mentions the federal courts.

Held: a district court must determine whether the state-court adjudication “has resulted in a satisfactory conclusion.” Id., at 463 .

The respondents were indicted on a variety of federal charges, including fraud and racketeering in connection with the allocation of construction contracts among a so-called "Club" of companies in… Held: Former testimony may not be introduced under Rule 804(b)(1) without a showing of "similar motive." Nothing in Rule 804(b)(1) suggests that a court may admit former testimony absent satisfaction of each of the Rule's elements.

Held: federal courts may review procedurally defaulted, abusive, or successive claims absent a showing of cause and *352 prejudice if the failure to do so would thwart the “ends of justice,” see Kuhlmann v. Wilson, 477 U. S. 436, 455 (1986) (plurality opinion), or work a “fundamental miscarriage of justice,” see Murray v. Carrier, 477 U. S. 478, 495-496 (1986); Smith v. Murray, 477 U. S. 527, 537-538 (1986); Dugger v.…

R.A.V. v. City of St. Paul, 505 U.S. 377 (1992), is a case in which the Supreme Court of the United States unanimously invalidated Saint Paul, Minnesota's Bias-Motivated Crime Ordinance and reversed the conviction of a teenager for burning a cross on the lawn of an African-American family. The ordinance was held to violate the First Amendment's protection of freedom of speech. The court reasoned that the ordinance constituted "viewpoint discrimination" that could cause exclusions from the marketplace of ideas.

Held: and the jury found that petitioner was sane at the time of the offenses. At the penalty phase, the jury found that the murders were premeditated and deliberate and returned a verdict of death. The trial court imposed the death penalty for the murder convictions and sentenced *442 petitioner to a prison term for the remaining offenses. Id., at 878-880 , 799 P. 2d, at 1287-1288 .

* Floyd Cowart, whose estate is the petitioner, was injured while working on an oil drilling platform owned by Transco Exploration Company (Transco), in an area subject to the… Held: Section 33(g)'s forfeiture provision applies to a worker whose employer, at the time the worker settles with a third party, is neither paying compensation to the worker nor subject to an order to pay under the Act. The section's language is plain and cannot support the BRB's interpretation.

Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992), was a United States Supreme Court case. In a split opinion, the Court held that the Surgeon General's warning did not preclude lawsuits by smokers against tobacco companies on the basis of several claims. The case examined whether tobacco companies could be liable for not warning the consumer "adequately" of the dangers of cigarettes as well as ultimately held the stance that smoking was in fact a free choice. The ruling also questioned the Cigarette Labeling and Advertising Act of 1965 to determine whether the warning labels on the cigarette products by law had to be less or more alarming than the warning issued.

Held: and Dague argues here, that a “reasonable” fee for attorneys who have been retained on a contingency-fee basis must go beyond the lodestar, to compensate for risk of loss and of consequent nonpayment.

Lee v. Weisman, 505 U.S. 577 (1992), was a United States Supreme Court decision regarding school prayer. It was the first major school prayer case decided by the Rehnquist Court. It held that schools may not sponsor clerics to conduct even non-denominational prayer. The Court followed a broad interpretation of the Establishment Clause that had been standard for decades at the nation's highest court, a reaffirmation of the principles of such landmark cases as Engel v. Vitale and Abington School District v. Schempp.

Doggett v. United States, 505 U.S. 647 (1992), was a case decided by the Supreme Court of the United States. The court held that the 8+1⁄2 year delay between Doggett's indictment and actual arrest violated his Sixth Amendment right to a speedy trial, arguing that the government had been negligent in pursuing him and that Doggett had remained unaware of the indictment until his arrest.

* The Port Authority of New York and New Jersey, which owns and operates three major airports in the New York City area and controls certain terminal areas at the airports (hereinafter… Held: An airport terminal operated by a public authority is a non-public forum, and thus a ban on solicitation need only satisfy a reasonableness standard. Pp. ____. (a) The extent to which the Port Authority can restrict expressive activity on its property depends on the nature of the forum.

United States v. Fordice, 505 U.S. 717 (1992), is a United States Supreme Court case that resulted in an eight to one ruling that the eight public universities in Mississippi had not sufficiently integrated and that the state must take affirmative action to change this under the Equal Protection Clause. The Court found that, although the state had eliminated explicit prohibitions on the admission of black students to institutions including the University of Mississippi, Mississippi State University, and the University of Southern Mississippi, the Court of Appeals had not properly reviewed the set of discriminatory policies used by the state to suppress black enrollment at these schools.

Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992), was a United States Supreme Court case where the Court held that Two Pesos, Inc. infringed upon the trademark of Taco Cabana, Inc. by copying the design of their restaurants. Writing for a majority of the court, Justice Byron White concluded that trade dress is inherently distinctive under the Lanham Act and that plaintiffs are not required to prove secondary meaning in suits to protect their trademark. The Court upheld an award of $3.7 million in damages, and Taco Cabana ultimately acquired all of Two Pesos' assets in 1993 for $22 million.

Franklin v. Massachusetts, 505 U.S. 788 (1992), was a United States Supreme Court case regarding the 1990 Census. It is most notable in U.S. administrative law for its holding that the Administrative Procedure Act does not authorize statutory review of actions delegated by Congress to the president of the United States.

a. 18 Pa. Cons. Stat. § 3203 (1990) (definition of medical emergency) b. 18 Pa. Cons. Stat. § 3205 (1990) (informed consent) c. 18 Pa. Cons. Stat. § 3206 (1990) (parental consent) d. 18 Pa. Cons. Stat. §§ 3207 and 3214 (1990) (reporting requirements)?

Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation.