Palko v. Connecticut , 302 U.S. 319 (decided December 6, 1937): Fifth Amendment’s prohibition of double jeopardy did not apply to the states (upholding Connecticut statute allowing prosecution to appeal a lesser-charge conviction so as to get retrial on more serious charge) (overruled by Benton v. Maryland , 1969) Salman v. United States , 580 U.S. 39 (decided December 6, 2016): in prosecution under §10-b of Securities Exchange Act of 1934, jury could infer that source of inf

Lopez v. Gonzalez , 549 U.S. 47 (decided December 5, 2006): felony under state law which is only a misdemeanor under federal law is not “a felony punishable under the Controlled Substances Act” (18 U.S.C. §924(c)(2)) (here, abetting possession of cocaine), so deportation is only discretionary Things Remembered, Inc. v. Petrarca , 516 U.S. 124 (decided December 5, 1995): order remanding after removal is generally not appealable (once it’s out of federal court, it’s gone) (wrin

New Jersey v. City of New York , 290 U.S. 237 (decided December 4, 1933): imposes penalties against NYC for not complying with earlier order prohibiting dumping garbage into ocean next to New Jersey Arkansas Game and Fish Comm’n v. United States , 568 U.S. 23 (decided December 4, 2012): flooding by U.S. Army Corps of Engineers (water released from dam) which destroyed state’s downstream timber crop is a “taking” even if only temporary Logan v. United States , 552 U.S. 23 (dec

International Shoe v. Washington , 326 U.S. 310 (decided December 3, 1945): this case was (as my law professor put it) the “fountainhead” of personal jurisdiction law, finally ending the “presence in the state” games begun in 1878 by Pennoyer v. Neff  (which Civ Pro profs waste a lot of time on): jurisdiction over out-of-state defendant consistent with Due Process if had enough “minimum contacts” in the forum state to “not offend traditional notions of fair play and substanti

United States v. Stapf , 375 U.S. 118 (decided December 2, 1963): estate not entitled to marital tax deduction; Will transferred widow’s share to children United States v. Powell , 423 U.S. 87 (decided December 2, 1975): 18 U.S.C. §1715, criminalizing mailing of concealed-carry-capable weapons to general public (for example, defendant’s 22-inch sawed-off shotgun), was not unconstitutionally vague (AFAIK this statute survives Heller and McDonald ) United States v. Jose , 519

Moore v. Illinois , 55 U.S. 13 (decided December 1, 1852): upholding Illinois statute criminalizing hiding an out-of-state slave (not preempted by Const. art. IV, §2, which speaks only of delivery to owner upon demand) McAfee v. Crofford , 54 U.S. 447 (decided December 1, 1851): recovery in trespass (invading property and carrying off slaves) includes consequential damages such as property lost due to not having slaves to watch over things (logs allowed to float away on river

Porter v. McCollum , 558 U.S. 30 (decided November 30, 2009): ineffective assistance of counsel where mental health effects of combat experience were not presented at competency and mitigation hearings California v. Mitchell Bros. Santa Ana Theater , 454 U.S. 90 (decided November 30, 1981): “beyond reasonable doubt” can be the state law standard of proof in a civil enforcement action as to obscenity (here, showing pornographic films) but Due Process does not require it Hoeper

Commissioner v. Kowalski , 434 U.S. 77 (decided November 29, 1977): cash meal allowances to New Jersey police officers are taxable income Lincoln Property Co. v. Roche , 546 U.S. 81 (decided November 29, 2005): defendant can remove to federal court without having to exclude possibility of non-diverse interested parties (tenants sued out-of-state landlord for mold injuries; did not find any in-state affiliates, etc. of defendants during jurisdictional discovery but Court notes

United States v. P.G. Evans , 195 U.S. 361 (decided November 28, 1904): owner of land-anchored feature (lighthouse) can sue in admiralty for damage done by vessel City of Indianapolis v. Edmond , 531 U.S. 32 (decided November 28, 2000): drug checkpoint (stopping every car, asking for license and registration, conducting “plain view” search and having dog sniff around it) was “unreasonable search” under Fourth Amendment United States v. Sperry Corp. , 493 U.S. 52 (decided Nove

California Reduction Co. v. Sanitary Reduction Works of San Francisco , 199 U.S. 306 (decided November 27, 1905): San Francisco validly under the California Constitution gave corporation exclusive right to dispose of the city’s garbage; dismisses Fourteenth Amendment argument made by citizens and competing corporation (the opinion has long lists of types of garbage, offal, excrement, animal remains; don’t read it while eating) Correctional Services Corp. v. Malesko , 534 U.S.

Keyes v. United States , 109 U.S. 336 (decided November 26, 1883): lieutenant’s suit for back pay dismissed because he was validly court-martialed (one of the judges, his C.O., was a main witness, but he didn’t object at that time) and because President’s appointment of his successor terminated his commission (a smaller Army in those days) Nitro-Lift Technologies v. Howard , 568 U.S. 17 (decided November 26, 2012): objection to non-compete agreements involved federal law (Fed

Roman Catholic Diocese of Brooklyn v. Cuomo , 592 U.S. 14 (decided November 25, 2020): in a 5 - 4 vote, Court grants stay on Free Exercise grounds of Covid-19 executive order limiting church attendance to ten persons in red zones (near my house!) or 25 persons in orange zones; less restrictive alternatives available Yates v. United States , 355 U.S. 66 (decided November 25, 1957): refusal to give names of Communist Party members results in only one conviction for contempt eve

Hotel Employees Local 255 v. Leedom , 358 U.S. 99 (decided November 24, 1958): Court here ends the NLRB’s longstanding hands-off policy as to hotels keeping unions out Kedroff v. St. Nicholas Cathedral of Russian Orthodox Church , 344 U.S. 94 (decided November 24, 1952): striking down on Free Exercise grounds New York statute requiring Russian Orthodox churches to have separate in-state corporate status (as opposed to being administratively subject to Patriarch of Moscow); th

Arnold Tours v. Camp , 400 U.S. 45 (decided November 23, 1970): travel agencies had standing to contest Comptroller of Currency’s authority to issue rule allowing national banks to get into the travel agency business (travel agencies won, 472 F.2d 427) Bohlen v. Arthurs , 115 U.S. 482 (decided November 23, 1885): tenant could not cut timber and sell it without consent of co-tenant; co-tenant was allowed to seize timber (diversity action) Beck v. Ohio , 379 U.S. 89 (decided No

Brasfield v. United States , 272 U.S. 448 (decided November 22, 1926): judge can’t ask a jury foreman during deliberations where the vote currently stood (even though he doesn’t ask which side is winning); conviction for violation of Volstead Act (transporting alcohol) reversed Mississippi v. Tennessee , 142 S.Ct. 31 (decided November 22, 2021): in original jurisdiction case, upholds Special Master’s finding; though Tennessee owns all the water under it, it could be equitably

New York, New Haven & Hartford R.R. Co. v. Henagan , 364 U.S. 441 (decided November 21, 1960):  Woman stepped in front of train in attempt to commit suicide; train came to sudden stop and waitress in dining car was injured by the jolt (soft tissue injuries plus “paranoid psychosis”).  The Court affirms judgment for the railroad.  (P.S. Train did not stop in time.) State of Washington v. Kuykendall , 275 U.S. 207 (decided November 21, 1927): towing of logs across Puget Sound m

Osborne v. County of Adams , 106 U.S. 181 (decided November 20, 1882): a steam grist mill is not an “internal improvement” under state statute authorizing county to issue bonds for construction; statute deals only with railroads and related structures (not clear why there’s federal court jurisdiction here; the lower court seemed to say there wasn’t, yet decided the merits anyway, 7 F. 441) O’Neil v. Northern Colorado Irrigation Co. , 242 U.S. 20 (decided November 20, 1916): f

Goudy v. Meath , 203 U.S. 146 (decided November 19, 1906): Congress may exempt land held by Native Americans from taxation before they sell it but didn’t do so here; Congress had declared in 1887 that plaintiff’s tribe were now citizens so he had to pay taxes from that point forward United States v. Cambridge Loan & Building Co. , 278 U.S. 55 (decided November 19, 1928): government was estopped from collecting back taxes even though taxpayer “building and loan association” wa

Ohio v. Robinette , 519 U.S. 33 (decided November 18, 1996): search of car was truly consensual even though police officer didn’t first tell driver he was “free to go” (police asked to search, driver said yes, and drugs were found) Pennsylvania Bureau of Correction v. United States Marshals Service , 474 U.S. 34 (decided November 18, 1985): habeas statute does not allow federal judge to order marshals to bring state prisoners to the courthouse as witnesses; must be by subpoen

Dennis v. Sparks , 449 U.S. 24 (decided November 17, 1980): private parties who allegedly corruptly conspired with judge to deny oil lease in violation of Due Process can still be sued under §1983 even though co-conspirator judge enjoys judicial immunity (echoes of the Watergate convictions, with Nixon as an unindicted co-conspirator) Crouch v. United States , 266 U.S. 180 (decided November 17, 1924): Navy war widow (husband had been on The Cyclops, which disappeared at sea i