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Escheat.

The right to escheat dividends and interest held by a bank, broker or other intermediary for an owner who cannot be located belongs to the state in which the intermediary is incorporated. U.S. Supreme Court. Delaware v. New York, No. ...

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Death Penalty. (274708)

A capital sentencer may consider the aggravating circumstance that the defendant “exhibited utter disregard for human life” by acting in a “cold-blooded” way; this is not unconstitutionally vague. U.S. Supreme Court. Arave v. Creech, No. 91-1160. March 30, 1993. Lawyers ...

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Death Penalty.

A capital defendant is not entitled to an instruction on the mitigating circumstance that he has committed no other serious crimes unless he presents evidence showing that he has in fact committed no other serious crimes. U.S. Supreme Court. Delo ...

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Foreign Governments.

Even though a man was recruited in the U.S. to work for a hospital owned by a foreign government, he cannot sue the foreign government in a U.S. court for torturing him after he disclosed safety problems; this is prohibited ...

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Immigration.

Where the Immigration Service arrests alien children who are not accompanied by a parent, guardian or close relative, it may detain them in a juvenile care facility instead of releasing them to another responsible party; this does not violate due ...

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Indian Crimes.

The state of Kansas can prosecute an Indian for shooting another Indian on an Indian reservation; this is permitted under the Kansas Act, 18 U.S.C. § 3243. U.S. Supreme Court. Negonsott v. Samuels, No. 91-5397. February 24, 1993. Lawyers Weekly ...

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Voting Rights Act.

A state’s legislative districting plan can deliberately create districts with high minority concentrations even if this is not a remedy for past discrimination. U.S. Supreme Court. Voinovich v. Quilter, No. 91-1618. March 2, 1993. Lawyers Weekly USA No. 9900140) (14 ...

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Redistricting.

A federal court that is asked to reapportion state legislative districts should defer to a state court which is performing its own redistricting. U.S. Supreme Court. Growe v. Emison, No. 91-1420. February 23, 1993. Lawyers Weekly USA No. 9900139) (16 ...

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Sales Tax – Container Leasing.

A company that leases containers used in international shipping can be subjected to a state sales tax; this does not violate the Commerce Clause, the Import-Export Clause or the Supremacy Clause. U.S. Supreme Court. Itel Containers International Corp. v. Huddleston, ...

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Public Contracts.

A state can require contractors working on a public project to hire only union labor; this does not violate the National Labor Relations Act. U.S. Supreme Court. Building & Construction Trades Council of the Metropolitan District v. Associated Builders & ...

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