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Grants of Certiorari

FEDERAL PREEMPTION

Does the preemption provision in the Airline Deregulation Act of 1978 preclude a state law contract claim based on the doctrine of good faith and fair dealing? See “Court takes up peeved airline flyer’s preemption case.” Northwest Inc. v, Ginsberg, ...

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ESTABLISHMENT CLAUSE

Does a legislative prayer practice violate the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity? See “Court takes up constitutionality of town meeting prayer.” Town of Greece v. Galloway, ...

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INDIGENT DEFENSE

Did the 6th U.S. Circuit Court of Appeals err in holding that the in forma pauperis statute prohibits indigent plaintiffs from amending their complaints? Burnside v. Walters, No. 12-7892.Certiorari granted:  May 13, 2013. Ruling below: Unpublished, 2012.  

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CRIMINAL LAW

Is the crime of distributing drugs causing death a strict liability crime, and can jury instructions allow conviction when heroin contributed to death but was not the sole cause of the death? Burrage v. United States, No. 12-7515.Certiorari granted:  April ...

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ABSTENTION

Should a federal court abstain from hearing a matter pursuant to Younger v. Harris (401 U.S. 37) when there is an ongoing, related state proceeding that is “remedial” rather than “coercive” in nature? Sprint Communications v. Jacobs, No. 12-815. Certiorari ...

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TAXATION

Does the Internal Revenue Code’s penalty for an underpayment of federal income tax that is “attributable to” an overstatement of basis in property apply to an un­derpayment resulting from an IRS determination that a transaction lacks economic substance? See “Court ...

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AFFIRMATIVE ACTION

Did a state violate equal protection by amending its constitution to prohibit race- and sex-based discrimination or preferential treatment in public university admissions? See “High court to consider affirmative action case” Schuette v. Coalition to Defend Affirmative Action, No. 12-682. ...

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