The Oyez Project: Miscellaneous Issues - Miscellaneous Arguments
U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org)

• Airport Commissioners v. Jews for Jesus - Oral Argument
  

  The Board of Airport Commissioners of Los Angeles adopted an ordinance which prohibited all "First Amendment activities" in the Los Angeles International Airport (LAX). Alan Snyder, a minister with Jews for Jesus, was instructed by an airport officer to refrain from distributing free religious literature on a walkway in the central terminal of LAX.

• Airports Auth. v. Citizens For Noise Abatement - Oral Argument
  No details yet.
• Alabama v. Bozeman - Oral Argument
  

  The Interstate Agreement on Detainers creates uniform procedures for lodging and executing a detainer, a legal order that requires a state to hold a currently imprisoned individual when he has finished serving his sentence so that he may be tried by a different State for a different crime. In 1997, Michael Bozeman was serving a federal prison sentence at a federal prison in Florida. In January, the district attorney of Covington County, Alabama sought temporary custody of Bozeman to arraign him on state firearm charges for which an earlier detainer had been filed. The Agreement provides that a state that obtains a prisoner for purposes of trial must try him within 120 days of his arrival, and if it returns him to his "original place of imprisonment" prior to that trial, charges shall be dismissed. After appearing in Alabama court, Bozeman was returned to federal prison in Florida. When Bozeman returned to Alabama court, his local counsel filed a motion to dismiss the state charges on the ground that Bozeman had been "returned to the original place of imprisonment" (the federal prison) "prior to" "trial" on state charges being "had." Ultimately, Bozeman was convicted and an appellate court affirmed. In reversing, the Alabama State Supreme Court held that the literal language of the Agreement required dismissal of the state charges.

• Alaska Airlines, Inc. v. Brock - Oral Argument
  No details yet.
• Alden v. Maine - Oral Argument
  

  A group of probation officers sued their employer, the State of Maine, in 1992 alleging that the state had violated the overtime provisions of the 1938 Fair Labor Standards Act. Following the Court's decision in Seminole Tribe v. Florida (1996)_which held that States are immune from private suits in federal court and that Congress lacks the authority to abrogate that immunity_the probation officers' suit was dismissed in Federal district court. Alden and the other probation officers then sued Maine again for violating the Fair Labor Standards Act, this time in state court. The state trial court and the state supreme court both held that Maine had sovereign immunity and could not be sued by private parties in their own court.

• American Manufacturers Mutual Insurance Company v. Sullivan - Oral Argument
  

  Pennsylvania's Workers' Compensation Act (Act) provides that once an employer's liability for an employee's injury has been established, then either the self-insured employer or insurer (collectively insurers) is responsible for paying for the employee's "reasonable" and "necessary" medical treatment. In 1993, this system was amended to allow insurers to withhold payment for disputed treatments, pending the outcome of an independent utilization review. Ten employees and two organizations representing employees that had received benefits under the Act filed suit against state officials, the self-insured school district of Philadelphia, and a number of private insurance companies. Their complaint alleged that the state and private defendants, acting under color of state law, had deprived them of property in violation of due process.

• Apprendi v. New Jersey - Oral Argument
  

  Charles C. Apprendi, Jr. fired several shots into the home of an African-American family. While in custody, Apprendi made a statement, which he later retracted, that he did not want the family in his neighborhood because of their race. Apprendi was charged under New Jersey law with second-degree possession of a firearm for an unlawful purpose, which carries a prison term of 5 to 10 years. The count did not refer to the state's hate crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the defendant committed the crime with a purpose to intimidate a person or group because of race. After Apprendi pleaded guilty, the prosecutor filed a motion to enhance the sentence. The court found, by a preponderance of the evidence, that the shooting was racially motivated and sentenced Apprendi to a 12-year term on the firearms count. In upholding the sentence, the appeals court rejected Apprendi's claim that the Due Process Clause requires that a bias finding be proved to a jury beyond a reasonable doubt. The State Supreme Court affirmed.

• Arcara v. Cloud Books, Inc. - Oral Argument
  No details yet.
• Arizona v. Youngblood - Oral Argument
  No details yet.
• Arkansas Ed. Television Comm. v. Forbes - Oral Argument
  

  During the 1992 race for Arkansas' Third Congressional District, the Arkansas Educational Television Commission (AETC) -- a state-owned public television broadcaster -- sponsored a debate between the major party candidates. Running as an independent candidate with little popular support, Ralph Forbes sought to participate in the debate but was denied permission. After unsuccessfully challenging AETC's refusal in district court, Forbes appealed and won a reversal. AETC then appealed and the Supreme Court granted certiorari.

• Atascadero State Hospital v. Scanlon - Oral Argument
  No details yet.
• Atkins v. Parker - Oral Argument
  No details yet.
• Baker v. General Motors Corp. - Oral Argument
  

  After working for General Motors Corporation (GM) for fifteen years as a vehicular fire analyst, Ronald Elwell sued GM for wrongful discharge. In an eventual settlement agreement reached in a Michigan county court, the parties agreed to a permanent injunction barring Elwell from testifying against GM without its consent, unless subpoenaed to do so by another court or tribunal. Thereafter, when Kenneth Lee Baker commenced a product liability action against GM in a Missouri county court, Elwell was subpoenaed to testify on Baker's behalf. When GM argued that Elwell was barred from testifying under the Michigan court injunction, the Missouri court disagreed and permitted his deposition and testimony. After suffering an adverse verdict in the Baker case, GM appealed on the basis that Elwell's testimony was illegally admitted. When a federal appeals court agreed with GM, Baker appealed and the Supreme Court granted certiorari.

• Bank Of Nova Scotia v. United States - Oral Argument
  No details yet.
• Beard v. Banks - Oral Argument
  

  Pennsylvania houses "incorrigible, recalcitrant" prisoners in the Long Term Segregation Unit (LTSU). Ronald Banks was one of about 40 prisoners in level 2 of the LTSU, which is reserved for the most dangerous, worst-behaved inmates. It is the policy of the LTSU to impose severe restrictions on the privileges of level 2 inmates. In particular, level 2 prisoners are the only ones denied newspapers, magazines, and photographs. Beard, the Secretary of the PA Department of Corrections, argued that this policy was necessary to promote rehabilitation and ensure prison safety. Banks brought a suit challenging the policy as a violation of the First Amendment. On the recommendation of a Magistrate Judge, the District Court ruled in favor of Beard. On appeal, however, the Third Circuit Court of Appeals reversed. The Circuit Court found that the prison's policy failed to meet the test laid down by the Supreme Court in Turner v. Safley. The Third Circuit held that the First Amendment rights of the prisoners took precedence, because the policy was unrelated to the goal of rehabilitation, and an ineffective method of increasing prison safety.

• Beck v. Prupis - Oral Argument
  

  Robert A. Beck, II, of Southeastern Insurance Group (SIG), alleged that after he discovered former senior officer and director Ronald M. Prupis' unlawful conduct and contacted regulators, Prupis enacted a scheme to remove him from SIG. Beck sued Prupis under th