Volume 123 · November 2009 · Number 1
The Supreme Court 2008 Term
FOREWORD
System Effects and the Constitution
Adrian Vermeule
COMMENTS
Caperton v. A.T. Massey Coal Co.: Due Process Limitations on the Appearance of Judicial Bias
Electing Judges, Judging Elections, and the Lessons of Caperton
Pamela S. Karlan
What Everybody Knows and What Too Few Accept
Lawrence Lessig
Relinquished Responsibilities
Penny J. White
LEADING CASES
CRIMINAL LAW AND PROCEDURE
Fourth Amendment — Exclusionary Rule: Herring v. United States.
Fourth Amendment — Search by School Officials: Safford Unified School District No. 1 v. Redding.
Fourth Amendment — Search Incident to Arrest: Arizona v. Gant.
Sixth Amendment — Right to Counsel — Interrogation Without Counsel Present: Montejo v. Louisiana.
Sixth Amendment — Sentencing — Factfinding in Sentencing for Multiple Offenses: Oregon v. Ice.
Sixth Amendment — Witness Confrontation — Testimony of Crime Lab Experts: Melendez-Diaz v. Massachusetts.
DUE PROCESS
Peremptory Challenges — Harmless Error Doctrine: Rivera v. Illinois.
Postconviction Access to DNA Evidence: District Attorney's Office v. Osborne.
FREEDOM OF SPEECH AND EXPRESSION
Government Speech: Pleasant Grove City v. Summum.
Government Subsidies of Political Speech: Ysursa v. Pocatello Education Ass'n.
CIVIL PROCEDURE
Pleading Standards: Ashcroft v. Iqbal.
FEDERAL PREEMPTION OF STATE LAW
Preemption of State Common Law Claims: Wyeth v. Levine.
QUALIFIED IMMUNITY
Order of Analysis: Pearson v. Callahan.
CIVIL RIGHTS ACT, TITLE VII
Compliance Efforts: Ricci v. DeStefano.
FOREIGN SOVEREIGN IMMUNITIES ACT
Iraqi Sovereign Immunity: Republic of Iraq v. Beaty.
HAWAII APOLOGY RESOLUTION
Alienation of Hawaiian Land: Hawaii v. Office of Hawaiian Affairs.
IDENTITY THEFT
Mens Rea Requirement: Flores-Figueroa v. United States.
NATIONAL BANK ACT
Preemption of State Law Enforcement: Cuomo v. Clearing House Ass'n.
NATIONAL LABOR RELATIONS ACT
Waiver of Right to a Federal Forum: 14 Penn Plaza LLC v. Pyett.
REVIEW OF ADMINISTRATIVE ACTION
Clean Water Act — Judicial Review of Cost-Benefit Analysis: Entergy Corp. v. Riverkeeper, Inc.
Communications Act — Scope of Arbitrary and Capricious Review: FCC v. Fox Television Stations, Inc.
VOTING RIGHTS ACT
Preclearance: Northwest Austin Municipal Utility District No. One v. Holder.
Vote Dilution: Bartlett v. Strickland.
STATISTICS
The Statistics
