UH Law Library's Blog

January 28, 2010

U.S. Supreme Court – This Week

Filed under: Electronic Resources — Tags: — uhlawlibrary @ 8:00 am

From BNA’s U.S. Law Week

The U.S. Supreme Court decided two cases this week:

  • Hemi Group LLC v. New York, N.Y., No. 08-969. New York City claimed that an online cigarette merchant based in New Mexico that failed to file reports with New York state required by the Jenkins Act, which mandates that out-of-state cigarette sellers register and file a report with state tobacco tax administrators listing the name, address, and quantity of cigarettes purchased by state residents, 15 U.S.C. §§ 375-378, caused it to lose tax revenue on sales of cigarettes to city residents and violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1964(c). Four justices agree that the city cannot show that it lost tax revenue “by reason of” the alleged RICO violation. The city’s theory of causation is too indirect, they say. Justice Ruth Bader Ginsburg concurs in the judgment but declines to subscribe to the majority’s broader statements about proximate cause here.
  • Briscoe v. Virginia, No. 07-11191. In a case involving the admission of forensic reports on evidence in criminal cases, the judgment below is vacated and remanded in light of the court’s opinion last term in Melendez-Diaz v. Massachusetts, 557 U.S.___ (2009). http://pubs.bna.com/ip/bna/lwt.nsf/SupCtOpDateDecided

The court granted review in two cases, which were consolidated:

  • Abbott v. United States, No. 09-479 and Gould v. United States, No. 09-7073. Is a court required to impose a consecutive mandatory minimum sentence for a defendant’s use or possession of a firearm during certain offenses under 18 U.S.C. § 924(c)(1)(A)? http://pubs.bna.com/ip/bna/lwt.nsf/StatusCasesGrantedRev

The court denied review in 33 cases on its appellate docket:

The Law Library at the William S. Richardson School of Law at the University of Hawaii makes this resource and many others available to faculty, students and staff of the Law School and to other patrons visiting the Law Library.


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