Federal Reporter, Second Series

United States v. Jewell, 532 F.2d 697 (9th Cir. 1976), is a criminal case in which the court held that willful ignorance satisfied the requirements of knowledge of a fact. The holding gave rise to the jury instruction known as the ostrich instruction.

United States v. Morlang, 531 F.2d 183 (4th Cir. 1975), was a case decided by the United States Court of Appeals for the Fourth Circuit that held that calling a witness knowing that unfavorable testimony will be given is improper when it allows the proponent to bring in substantive evidence under the guise of witness impeachment.

Joint Tribal Council of the Passamaquoddy Tribe v. Morton, 528 F.2d 370 (1st Cir. 1975), was a landmark decision regarding aboriginal title in the United States. The United States Court of Appeals for the First Circuit held that the Nonintercourse Act applied to the Passamaquoddy and Penobscot, then non-federally-recognized Indian tribes, and established a trust relationship between those tribes and the federal government that the State of Maine could not terminate. By upholding a declaratory judgement of the United States District Court for the District of Maine, the First Circuit cleared the way for the Passamaquoddy and Penobscot to oblige the federal government to bring a land claim on their behalf for approximately 60% of Maine, an area populated by 350,000 non-Indians.

Warren Jones Company v. Commissioner of Internal Revenue, 524 F.2d 788 (9th Cir. 1975) was a taxation decision by the United States Court of Appeals for the Ninth Circuit.

United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974), aff'd, 520 F.2d 676 (9th Cir. 1975), commonly known as the Boldt Decision (from the name of the trial court judge, George Hugo Boldt), was a legal case in 1974 heard in the U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit. The case re-affirmed the rights of American Indian tribes in the state of Washington to co-manage and continue to harvest salmon and other fish under the terms of various treaties with the U.S. government. The tribes ceded their land to the United States but reserved the right to fish as they always had. This included their traditional locations off the designated reservations.

Daniel v. Waters, 515 F.2d 485 (6th Cir. 1975) was a 1975 legal case in which the United States Court of Appeals for the Sixth Circuit struck down Tennessee's law regarding the teaching of "equal time" of evolution and creationism in public school science classes because it violated the Establishment Clause of the US Constitution.

Haverly v. United States, 513 F.2d 224 (7th Cir. 1975) is a United States income tax case. Held: The taxpayer (a public elementary school principal) had to include in gross income the value of unsolicited sample textbooks, sent to him by publishers, when he subsequently donated them to the school's library and claimed a charitable deduction. I.R.C.1954 §§ 61, 170.

American Public Health Association v. Butz (APHA v. Butz), 511 F.2d 331 (D.C. Cir. 1974) was a United States Court of Appeals for the District of Columbia Circuit case argued on January 22, 1974, and decided on December 19, 1974.

Miller v. American Telephone & Telegraph Co., 507 F.2d 759 (3d Cir. 1974), is a United States corporate law case that established that a corporate board cannot claim protection of the business judgment rule in a shareholder suit if the decision at issue was a knowing violation of public law.

United States v. Snider, 502 F.2d 645 (1972) was a case before the United States Court of Appeals for the Fourth Circuit. It was a consolidation of two separate cases: the first was a conviction for violation of 26 U.S.C. §7205, which prohibits submitting fraudulent tax information to an employer. The second was a conviction for violation of 18 U.S.C. §401, which prohibits "misbehavior ... as to obstruct the administration of justice."

Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974), was a landmark decision of the Fifth Circuit Court of Appeals that brought an end to the trusty system as well as flagrant inmate abuse at Mississippi State Penitentiary, also known as Parchman Farm, in Sunflower County, Mississippi. It was the first case in a body of law developed in the Fifth Circuit Court of Appeals holding that a variety of forms of corporal punishment against prisoners constituted cruel and unusual punishment and a violation of Eighth Amendment rights. This case was also the first broad-scale intervention by a court in the supervision of prison practices. In Gates v.

Wolder v. Commissioner, 493 F.2d 608 (2d Cir. 1974) the United States Court of Appeals for the Second Circuit decided whether 26 U.S.C. 102(a)'s exclusion of "bequests" from gross income included those made in consideration for services and whether the "detached and disinterested" standard applied to gifts made at death-time.

Wright v. Houston Independent School District, 486 F.2d 137 (5th Cir. 1973) was an American legal case brought by a parent of a student in the Houston Independent School District in Houston, Texas suing on behalf of her daughter and fellow students to prevent the district from teaching evolution as fact and without reference to alternative theories. The plaintiffs claimed evolutionary theory endorsed a secularist religious view, and argued the school's failure to incorporate the teaching of a particular religious alternative to evolutionary theory as derived from the Bible's creation account held that religious view up to ridicule and contempt.

Rodriguez v. FDIC was a United States Supreme Court case (589 U.S. ____ (2020)) in which the court held that the Bob Richards rule was not appropriately crafted and federal judges should not apply it when resolving disputes about tax allocations to members of an affiliated group filing a consolidated return.

United States v. Dougherty, 473 F.2d 1113 (D.C. Cir. 1972) was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2–1 vote: The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power.

United States v. Brawner, 471 F.2d 969 (D.C. Cir. 1972), is decision by the United States Court of Appeals for the District of Columbia Circuit in which the Court held that a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect, he lacked substantial capacity either to appreciate the criminality of his conduct or conform his conduct to the requirements of the law.

The T-3 case, formally United States v. Escamilla, 467 F.2d 341 (4th Cir. 1972), was a series of legal disputes following a death on the Arctic ice island T-3 in July 1970. In a dispute over some raisin wine, one member of the crew of a research station was alleged to have shot and killed another. Both men were Americans, but the case took place outside U.S. territorial waters, and the case raised a number of questions on the jurisdiction of criminal law in special circumstances. After a trial, appeal, and retrial, the defendant was acquitted, but the matter of jurisdiction was not settled until United States federal law was revised in 1984.

Shanley v. Northeast Independent School District was a United States Federal Appeals Court decision issued in 1972 that outlined the limited power and reach of a public school system to apply administrative sanctions against the speech or written expression of its students when produced and/or distributed off school grounds and outside school hours. The case involved the suspension of five high school seniors in the North East Independent School District of San Antonio, Texas. The students were accused of publishing an unapproved newsletter called The Awakening and disseminating it to students on a street nearby to the school grounds.

Monsanto Co. v. Rohm and Haas Co., 456 F.2d 592 (3d Cir. 1972), is a 1972 decision of the United States Court of Appeals for the Third Circuit interpreting what conduct amounts to fraudulent procurement of a patent.

Estate of Sydney J. Carter v. Commissioner of Internal Revenue, 453 F.2d 61 (2d Cir. 1971), was a United States Federal income tax case decided by Judge Henry Friendly of the Second Circuit Court.

Early v. Commissioner, 445 F.2d 166 (5th Cir. 1971) was a United States income tax case, holding that an agreement between taxpayers and heirs of decedent—pursuant to which taxpayers received a joint life interest in income from the trust estate in return for the surrender of stock allegedly given to them by the decedent—was actually a compromise of the taxpayers' disputed right to the stock, and since they claimed the stock as donees, they were to be treated as having acquired their life estate in that capacity for federal income tax purposes.

Gershwin Publishing Corp. v. Columbia Artists Management, Inc., 443 F.2d 1159 (2d Cir. 1971), was a copyright infringement case in which the United States Court of Appeals for the Second District ruled that defendant Columbia Artists Management, Inc. was liable for vicarious copyright infringement and contributory copyright infringement. Plaintiff American Society of Composers, Authors and Publishers ("ASCAP"), on behalf of Gershwin Publishing Corp., sued Columbia Artists Management, Inc. ("CAMI") on the premise that CAMI had no permission to use a song from its repertory for a public, for-profit concert in which artists managed by CAMI performed.

Hawkins v. Town of Shaw, 437 F.2d 1286 (5th Cir. 1971), was a class-action lawsuit over equal distribution of municipal services and infrastructure which reached the United States Court of Appeals for the Fifth Circuit. The plaintiffs, black citizens of Shaw, alleged that the town spent tax money for services disproportionately in white neighborhoods, resulting in unequal access to street paving, sanitary sewers, stormwater drainage, street lighting, and water pressure. The Appeals Court, overruling the United States District Court for the Northern District of Mississippi, found in favor of the plaintiffs, determining that Shaw had violated their right to equal protection under the law, and ordered Shaw to submit a plan for equalizing its services.

Aronow v. United States (1970) was a case heard by the United States Court of Appeals for the Ninth Circuit challenging the inclusion of "In God We Trust" on U.S. currency. The lawsuit alleged that a law passed by Congress (Pub. L. 84–140) requiring that "the inscription 'In God we Trust'... shall appear on all United States currency and coins" was a violation of the Establishment Clause of the First Amendment to the United States Constitution.

Roth Greeting Cards v. United Card Co., 429 F.2d 1106 (9th Cir. 1970), was a Ninth Circuit case involving the copyright of greeting cards that introduced the "total concept and feel" standard for determining substantial similarity. Courts used this test in later cases such as Reyher v. Children's Television Workshop (1976).

Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970), was a case decided by the D.C. Circuit that first established the warranty of habitability in landlord–tenant law. The court determined that if the premises become uninhabitable, the tenant is freed from their obligation to pay rent.

Shultz v. Wheaton Glass Co., 421 F.2d 259 (3rd Cir. 1970) was a case heard before the United States Court of Appeals for the Third Circuit in 1970. It is an important case in studying the impact of the Bennett Amendment on Title VII of the Civil Rights Act of 1964, helping to define the limitations of equal pay for men and women. In its rulings, the court determined that a job that is "substantially equal" in terms of what the job entails, although not necessarily in title or job description, is protected by the Equal Pay Act. An employer who hires a woman to do the same job as a man but gives the job a new title in order to offer it a lesser pay is discriminating under that act.

Ellis v. United States of America, 416 F.2d 791 (D.C. Cir. 1969), is a case decided by the United States Court of Appeals, District of Columbia Circuit, in 1969. It addressed the question of a witness's refusal to testify on Fifth Amendment grounds. The court concluded that when a non-indicted witness who has waived their Fifth Amendment privilege by testifying voluntarily before a grand jury and with knowledge of their privilege, their waiver extends to a subsequent trial based on an indictment returned by the grand jury that heard their testimony.

Wills v. Commissioner, 411 F. 2d 537 (9th Cir. 1969) was a United States taxation case decided by the United States Court of Appeals for the Ninth Circuit in 1969.

Powe v. Miles, 407 F.2d 73 (2d Cir. 1968), reversed a lower court decision, United States District Court for the Western District of New York, F.R.Civ. P. 65(a) (2), on an appeal of the court's decision that the District Court did not have jurisdiction on the case as Alfred University (Miles was President of the university), the defendant, was a private institution.

Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) was a case decided in 1968 on the Eighth Circuit Court of Appeals of the United States by then-judge Harry Blackmun. It abolished corporal punishment in the Arkansas prison system.

United States v. Gotcher, 401 F.2d 118 (5th Cir. 1968), is a tax case from the United States Court of Appeals for the Fifth Circuit.

Artnell Company v. Commissioner, 400 F.2d 981 (7th Cir. 1968) is a decision by the 7th Circuit Court of Appeals, in which the court, distinguishing from the holding in Schlude v. Commissioner, held that accrual method taxpayers are not required to include prepayments in gross income when there is certainty as to when performance would occur.

In United States landlord-tenant law, Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968), was a case decided by the D.C. Circuit that includes the first recognition of retaliatory eviction as a defense to eviction.

Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2d Cir. 1965) is a United States Second Circuit Court of Appeals case in which a public group of citizens, the Scenic Hudson Preservation Conference, organized and initiated legal action after the Federal Power Commission approved plans for Consolidated Edison to construct a power plant on Storm King Mountain, New York. The federal regulatory agency had denied that the environmental group could bring action, but the court disagreed, ruling that Scenic Hudson had legal standing because of their "special interest in aesthetic, conservational, and recreational aspects" of the mountain.

Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has been briefed extensively.

Simkins v. Moses H. Cone Memorial Hospital, 323 F.2d 959 (4th Cir. 1963), was a federal case, reaching the Fourth Circuit Court of Appeals, which held that "separate but equal" racial segregation in publicly funded hospitals was a violation of equal protection under the United States Constitution.

Alderson v. Commissioner, 317 F.2d 790 (9th Cir. 1963) was a tax law case in which the United States Court of Appeals for the Ninth Circuit reversed the ruling of the United States Tax Court that an exchange of properties does not constitute a taxable sale under § 1031(a) of the Internal Revenue Code.

Shapiro, Bernstein and Co. v. H.L. Green Co., 316 F.2d 304 (2d Cir. 1963), was a landmark case dealing with secondary liability (vicarious liability) for copyright infringement. The law in question was Section 101(e) of the Copyright Act.

McDonald v. United States, 312 F.2d 847 (D.C. Cir. 1962), is a criminal case that defined mental disease or defect as referred to in an insanity defense—"includes any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavior controls."

Poyner v. Commissioner 301 F.2d 287 (4th Cir.1962) is a United States tax law case that discusses whether "special death benefits" paid to an employee's widow are exempt from taxes as a gift under §102(a).

Dixon v. Alabama, 294 F.2d 150 (5th Cir. 1961) was a landmark 1961 U.S. federal court decision that spelled the end of the doctrine that colleges and universities could act in loco parentis to discipline or expel their students. It has been called "the leading case on due process for students in public higher education".

Cowden v. Commissioner, 289 F.2d 20 (5th Cir. 1961), outlined the factors used to determine whether something received is a cash equivalent, in other words, whether something received is taxable when it was received or when it was assigned. The court observed two main doctrines in determining when something is taxable. The court relied on the doctrines of constructive receipt and cash equivalence while reiterating that substance rather than form should control income tax laws.

Jordan Marsh Co. v. Commissioner, 269 F.2d 453 (2d Cir. 1959) was a United States income tax case decided by the United States Court of Appeals for the Second Circuit.

Stanton v. United States, 268 F.2d 727 (2d Cir. 1959), was a United States income tax case in the United States Court of Appeals for the Second Circuit.

Washington Ethical Society v. District of Columbia, 249 F.2d 127 (1957), was a case of the United States Court of Appeals for the District of Columbia Circuit. The Washington Ethical Society functions much like a church, but regards itself as a non-theistic religious institution, honoring the importance of ethical living without mandating a belief in a supernatural origin for ethics. The case involved denial of the Society's application for tax exemption as a religious organization. The D.C. Circuit reversed the ruling of the Tax Court for the District Columbia and found that the Society was a religious organization under the Distinct of Columbia Code, 47-801a (1951). The Society thus was granted its tax exemption.

Simkins v. City of Greensboro, 246 F.2d 425 (4th Cir. 1957), was a 1957 case which required the City of Greensboro, North Carolina to stop discriminating on the basis of race at its Gillespie Park Golf Club, even though it was leasing the club to a private organization. The Fourth Circuit Court of Appeals affirmed the decision.

Hush-A-Phone v. United States, 238 F.2d 266 (D.C. Cir. 1956) was an important ruling in United States telecommunications decided by the D.C. Circuit Court of Appeals. Hush-A-Phone Corporation marketed a small, cup-like device which mounted on the speaking party's microphone, reducing the risk of conversations being overheard and increasing sound fidelity for the listening party. At the time, AT&T had a near-monopoly on America's phone system, even controlling the equipment attached to its network. In this era, Americans had to lease equipment from "Ma Bell" or use approved devices. At this time Hush-A-Phone had been around for 20 years without any issues.

Reynolds v. Pegler, 223 F.2d 429 (2nd Cir. 1955), was a landmark libel decision in which Quentin Reynolds successfully sued right-wing columnist Westbrook Pegler, resulting in a then-record judgment of $175,001.

Durham v. United States, 214 F.2d 862 (D.C. Cir. 1954), is a criminal case articulating what became known as the Durham rule for juries to find a defendant is not guilty by reason of insanity: "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect."