Volume 119 · November 2005 · Number 1
The Supreme Court 2004 Term
IN MEMORIAM
William H. Rehnquist
Chief Justice John G. Roberts, Jr., Justice Sandra Day O'Connor, Justice Ruth Bader Ginsburg, R. Ted Cruz, James C. Duff, David G. Leitch, Maureen E. Mahoney
FOREWORD
A Political Court
Judge Richard A. Posner
COMMENTS
Introduction: The Debate over Foreign Law in Roper v. Simmons
Constitutional Comparisons: Convergence, Resistance, Engagement
Vicki C. Jackson
Foreign Law and the Modern Ius Gentium
Jeremy Waldron
LEADING CASES
COMMERCE CLAUSE
Substantial Effects Test — Controlled Substances Act: Gonzales v. Raich.
CRIMINAL LAW AND PROCEDURE
Fourth Amendment — Canine Sniff: Illinois v. Caballes.
Sixth Amendment — Federal Sentencing Guidelines: United States v. Booker.
Sixth Amendment — Right to Appellate Counsel: Halbert v. Michigan.
DUE PROCESS
Scope of Procedural Due Process Protection — Property Interests in Police Enforcement: Town of Castle Rock v. Gonzales.
EQUAL PROTECTION
Jury Selection — Batson Challenges: Johnson v. California.
Application to Incarcerated Persons — Inmate Racial Segregation: Johnson v. California.
ESTABLISHMENT CLAUSE
Permissible Accommodation of Religion — Religious Land Use and Institionalized Persons Act of 2000: Cutter v. Wilkinson.
Government Display of Religious Symbols — Ten Commandments: McCreary County v. ACLU of Kentucky.
Government Display of Religious Symbols — Ten Commandments: Van Orden v. Perry.
FREEDOM OF ASSOCIATION
Election Law — Semiclosed Primary Laws: Clingman v. Beaver.
FREEDOM OF SPEECH AND EXPRESSION
Government Speech Doctrine — Compelled Support for Agricultural Advertising: Johanns v. Livestock Marketing Ass'n.
TAKINGS CLAUSE
Public Use — Economic Development: Kelo v. City of New London.
Regulatory Takings — "Substantially Advances" Test: Lingle v. Chevron U.S.A. Inc.
TWENTY-FIRST AMENDMENT
Scope of State Authority — Discriminatory Limitations on Direct Wine Shipment: Granholm v. Heald.
DIVERSITY JURISDICTION
Supplemental Jurisdiction — Amount in Controversy Requirement: Exxon Mobil Corp. v. Allapattah Services, Inc.
STATUS OF INTERNATIONAL LAW
Force of Judgments by the International Court of Justice — Vienna Convention on Consular Relations: Medellín v. Dretke.
AGE DISCRIMINATION IN EMPLOYMENT ACT
Disparate Impact Claims: Smith v. City of Jackson.
AMERICAN INDIAN STATUTES
Availability of Equitable Relief: City of Sherrill v. Oneida Indian Nation.
CIVIL RIGHTS ACT, TITLE IX
Retaliation as Sex Discrimination: Jackson v. Birmingham Board of Education.
COPYRIGHT
Secondary Liability: Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
FEDERAL PREEMPTION OF STATE LAW
Preemption of State Common Law: Bates v. Dow AgroSciences LLC.
IMMIGRATION ACT
Canon of Avoidance: Clark v. Martinez.
REVIEW OF ADMINISTRATIVE ACTION
Chevron Deference: National Cable & Telecommunications Ass'n v. Brand X Internet Services.
WITNESS TAMPERING STATUTE
Required Elements: Arthur Andersen LLP v. United States.
STATISTICS
The Statistics
