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1996 1996-1997 Supreme Court Preview: Overview Institute of Bill of Rights Law at the William & Mary Law School

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------7r I 1996-97 Supreme Court Preview SUMMARY OF CONTENTS

Conference Schedule iv

Panelists vi

Acknowledgments xi

The Institute of Bill of Rights Law xv

Table of Contents xvii

iii 1996-97 Supreme Court Preview CONFERENCE SCHEDULE

Friday, October 25

5:45 - 6:30 p.m. Registration Lobby

6:30 p.m. Welcome McGlothlin Moot Court Room

6:35 p.m. MOOT COURT ARGUMENT Clinton v. Jones, No. 95 1853

Advocates: Michael Gerhardt Rodney Smolla

"Supreme Court" Justices: Joan Biskupic Richard Carelli Lyle Denniston Aaron Epstein Tony Mauro H. G. Prince David Savage Margaret Spencer Kathryn Urbonya

7:50 p.m. Break

8:00 - 8:25 p.m. Making Law for the President Guest, The Honorable Walter Dellinger

8:25 - 9:15 p.m. What Do The Supreme Court's Opinions Over The Past 5 Years Tell Us About Future Decisionmaking by The Court? Moderator: Davison Douglas Panel: Linda Greenhouse Tracey Maclin Alan Meese Stephen Wermiel

9:15 p.m. RECEPTION

iv Saturday, October 26 8:40 a.m. Coffee **All Sessions Will Be Held In Room 120**

9:00 - 9:50 a.m. FIRST AMENDMENT Moderator: Stephen Wermiel Panel: Lyle Denniston Aaron Epstein Marci Hamilton Thomas Krattenmaker Break

10:00 - 10:50 a.m. BUSINESS, COMMERCE, PROPERTY Moderator: Joan Biskupic Panel: Richard Carelli A. Mechele Dickerson Tony Mauro H. G. Prince

11:00 - 11:50 a.m. CIVIL RIGHTS Moderator: Neal Devins Panel: Davison Douglas Linda Greenhouse Susan Grover Tracey Maclin

12:00 - 1:30 p.m. Lunch Break (on your own) Speakers' Meeting in Room 239

1:30 - 2:20 p.m. VOTING RIGHTS Moderator: Linda Greenhouse Panel: Joan Biskupic Richard Carelli Kay Kindred David Savage

2:30 - 3:20 p.m. CRIMINAL LAW Moderator: Kathryn Urbonya Panel: Aaron Epstein Tracey Maclin Margaret Spencer Stephen Wermiel Break

3:30 - 4:20 p.m. FEDERALISM Moderator: David Savage Panel: Lyle Denniston Michael Gerhardt Marci Hamilton Tony Mauro

4:20 p.m. Adjourn

v 1996-97 Supreme Court Preview PANELISTS

JOAN BISKUPIC is the Supreme Court reporter for The Washington Post. Before joining the Post, she was legal affairs writer for CongressionalQuarterly Weekly Report. In 1991, Ms. Biskupic won the Everett McKinley Dirksen award for distinguished reporting of Congress for her coverage of the Clarence Thomas nomination. She received her B.A. in journalism from Marquette University, her M.A. in English from the University of Oklahoma and her J.D. from Georgetown University Law Center. She is the author of a series of Congressional Quarterly Supreme Court Yearbooks and is currently revising Congressional Quarterly's encyclopedia, Guide to the US. Supreme Court.

RICHARD CARELLI has worked for the Associated Press since 1969 and has covered the Supreme Court since 1976. He previously worked as a journalist in New York, West Virginia, Ohio and . Mr. Carelli is a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award. He received his B.S. from Ohio University and his J.D. from George Washington University.

WALTER DELLINGER is an Assistant Attorney General and head of the Office of Legal Counsel. In July, he became Acting Solicitor General of the . Mr. Dellinger received his A.B. from the University of North Carolina at Chapel Hill and his L.L.B. from Yale. He clerked for United States Supreme Court Justice Hugo Black. Professor Dellinger joined the faculty at Duke Law School in 1969, and served as Associate and as Acting Dean of the Law School from 1974 to 1978. From 1970 to 1977 he served as a Reporter and Draftsman for the North Carolina Criminal Code Commission, which produced a modem criminal procedure system, adopted by the General Assembly of North Carolina. He has testified more than twenty-five times on a variety of constitutional issues before congressional committees. He has briefed and argued cases for a variety of clients, including the State of Alaska, Owen-Illinois, Inc., the Virginia Hospital Association and members of Congress. He argued Wilder v. VirginiaHospitalAss'n (1990), in which the United States Supreme Court held that hospitals can sue under section 1983 for adequate Medicaid reimbursement. He filed a brief for a number of members of the House and Senate in PlannedParenthood v. Casey (1992), and served as co-counsel for the Association of Women Attorneys in Rust v. Sullivan (1991). From 1981 to 1983 he served as outside counsel to the State of Alaska, defending the constitutionality of the state's taxation of oil revenues. In 1991 and 1992 he represented Owens-Illinois, Inc. in mass tort litigation, and filed arguments in state courts and before the Federal Multidistrict Litigation Court challenging the repetitive award of punitive damages.

LYLE DENNISTON, a reporter for The Baltimore Sun, Washington Bureau, is considered the dean of American journalists who cover the Supreme Court. He is a regular columnist for the American Lawyer magazine and a contributor to the MacNeil-LehrerNews Hour. Mr. Denniston is also an Adjunct Professor of law and lecturer at Georgetown and an adjunct professor of law at American University's Washington College of Law. He received his B.A. from the University of and his M.A. in American History and Political Science from Georgetown. Mr. Denniston is the author of The Reporter and the Law: Techniques of Covering the Courts (1992) and is a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award.

NEAL DEVINS is Professor of Law and Lecturer in Government at the College of William and Mary School of Law. He received his A.B. from Georgetown and his J.D. from Vanderbilt. He was Assistant General Counsel with the United States Commission on Civil Rights, and Project Director at the Vanderbilt Institute for Public Policy Studies. Professor Devins is author of Shaping Constitutional Values: Elected Government, the Supreme Court, and the Abortion Debate (1996), co-author ofPoliticalDynamics of ConstitutionalLaw (2d ed. 1996), and editor and contributor for Public Values, PrivateSchools (1989).

vi A. MECHELE DICKERSON is an assistant professor of law at the College of William and Mary School of Law. She received her B.A. from Harvard-Radcliffe Colleges and her J.D. from Harvard. Prior to joining the William and Mary faculty of law in 1995, she served as law clerk to the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit and practiced in Washington, D.C. and Norfolk. Professor Dickerson is a contributing author to the Fourth Circuit FederalPractice Guide and the author of articles in the HowardLaw Review and the VirginiaBar Association Journal. DAVISON DOUGLAS is Professor of Law at the College of William and Mary School of Law. He received his A.B. from Princeton University, his Ph.D. in American Legal History from Yale University, and his J.D. from Yale Law School. He also has an M.A.R. from Yale University Divinity School. Prior to joining the William and Mary faculty of law in 1990, he was a partner with a Raleigh, North Carolina law firm, specializing in labor and employment law and civil rights law. He also clerked for Judge Walter R. Mansfield of the United States Court of Appeals for the Second Circuit. Professor Douglas is the author of Reading, Writing and Race: The Desegregationof the Charlotte Schools (1995); The Development of School Busing as a DesegregationRemedy (1994); and The Public Debate Over Busing and Attempts to RestrictIts Use (1994).

AARON EPSTEIN is a national correspondent for Knight-Ridder Newspapers covering the Supreme Court and legal issues. Mr. Epstein received his B.A. from Dartmouth and his J.D. from the McGeorge College of Law, University of the Pacific and attended the University of Missouri School of Journalism. He is a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award.. He was a member of The PhiladelphiaInquirer staff that won the 1980 for Local Reporting for coverage of the Three Mile Island nuclear accident and of the Knight-Ridder team that won a 1988 Polk Award for coverage of the Iran-Contra Affair. He received the 1996 ABA Silver Gavel Award for his Supreme Court reporting. MICHAEL GERHARDT is Dean of Case Western Reserve University School of Law and formerly a Special Consultant to both the Clinton White House on judicial selection and to the National Commission on Judicial Discipline and Removal. He was a professor at the Wake Forest University School of Law prior to serving on the William and Mary faculty of law from 1991 until 1996; Professor Gerhardt visited at Cornell University during the 1994-95 academic term. He received his B.A. from Yale, his M.Sc. in Political Philosophy from the London School of Economics and his J.D. from the University of Chicago Law School. He is the author of ConstitutionalTheory: Arguments andPerspectives (with Tom Rowe), The FederalImpeachment Process(Princeton University Press, 1996), and numerous articles on constitutional law.

LINDA GREENHOUSE has been on the staff of The New York Times since 1968. She has covered politics, the New York State Legislature, the United States Congress and, since 1978, the Supreme Court. She received her B.A. from Radcliffe and earned a Masters of Studies in Law from Yale. She has honorary degrees from Brown and Colgate University and is a fellow of the American Academy of Arts and Sciences. SUSAN GROVER is Associate Professor of Law at the College of William and Mary School of Law. Professor Grover received her A.B. from Hollins and her J.D. from Georgetown. She served as a judicial law clerk to the Honorable Spottswood W. Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit, and Oliver Gasch, of the United States District Court for the District of Columbia. Professor Grover teaches employment discrimination, civil procedure, women and the law, and disability law. Prior to joining the William and Mary faculty of law in 1988, she practiced law in Washington, D.C. Professor Grover's articles have appeared in the Georgia Law Review, the University of Illinois Law Review, the Kentucky Law Journal and the Southern CaliforniaReview of Law and Women's Studies.

MARCI HAMILTON is Professor of Law and Director of the Intellectual Property Law Program at the Benjamin N. Cardozo School of Law, Yeshiva University, where she specializes in

vii constitutional and copyright law. After receiving her law degree from the University of Law School, she served as law clerk to The Hon. Edward R. Becker of the United States Court of Appeals for the Third Circuit and then to The Hon. Sandra Day O'Connor of the Supreme Court of the United States. The author of numerous articles, Professor Hamilton is currently writing a book entitled The Reformation Constitution, which examines the influence of the Presbyterian Church on the formation of the United States Constitution. She is currently lead counsel for the city of Boerne, in a case challenging the constitutionality of the Religious Freedom Restoration Act.

KAY KINDRED is Assistant Professor of Law at the College of William and Mary School of Law, and a member of the adjunct faculty of the College's School of Education. From 1989 to 1996, she also held the position of Deputy Director of the Institute of Bill of Rights Law at William and Mary, and in that capacity served as the Institute's principal administrator. Professor Kindred received her A.B. from Duke University and her J.D. from Columbia University Law School. She teaches education law, family law, children's rights, and civil rights. She is the author of articles in recent issues of the Arizona Law Review and the Ohio State Law Journal,and is a contributing author in two recently published books, CorporateMisconduct (Greenwood Press, 1995) and A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award. THOMAS KRATTENMAKER is Dean and Professor of Law at the College of William and Mary School of Law. He was previously a professor at Georgetown University Law Center. He is the co- author of Supreme Court Politics: The Institution andIts Procedures(1994), Mergers in the New Antitrust Era (1985), and co-author of RegulatingBroadcast Programming (1994) and the author of TelecommunicationsLaw andPolicy (1995). He received his B.A. from Swarthmore College and his J.D. from Columbia University School of Law. He was a law clerk to Justice John M. Harlan of the Supreme Court of the United States. TRACEY MACLIN is Professor of Law at Boston University School of Law. He teaches constitutional law and criminal procedure. This Term, Professor Maclin wrote an amicus brief for the American Civil Liberties Union in Ohio v. Robinette. During the two previous Terms of the Court, Professor Maclin wrote the ACLU briefs for three cases before the Court, Ornelas v. United States, Wilson v. Arkansas and Arizona v. Evans. He received his B.A. from Tufts University and his J.D. from Columbia University. Prior to entering law teaching, Professor Maclin clerked for Judge Boyce F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit and practiced law with the firm of Cahill, Gordon and Reindel in New York. He has also served on the law faculties of the University of Kentucky, Cornell Law School and Harvard Law School. PAUL MARCUS is the Haynes Professor of Law at The College of William and Mary School of Law and the Acting Director of the Institute of Bill of Rights Law. He teaches criminal law and copyright law. Professor Marcus received his A.B. and J.D. from U.C.L.A and served as law clerk to the United States Court of Appeals for the District of Columbia Circuit. He taught at the University of Illinois College of Law, and from 1983 to 1988, he served as Dean of the University of Arizona School of Law. He practiced law in Los Angeles, . His publications include, among others, The Law of Entrapment, (1996); Criminal Law: Cases and Materials (1995); CriminalProcedure: Cases andMaterials (1992); Copyright and Other Aspects of Law Pertaining to Literary, Musical and Artistic Works (1991); The Prosecution and Defense of Criminal Conspiracy Cases (1994), and Drug Testing in the Workplace: A Substance Abuse Testing Act (1991). TONY MAURO has covered the Supreme Court since 1980 for the News Service and also for USA TODAY since its creation in 1982. Since 1987, he has also written a column oh the Supreme Court for Legal Times and The American Lawyer newspapers. He is on the executive committee of the Reporters Committee for Freedom of the Press and serves on the Conference of Lawyers and Representatives of the Media, and the Freedom of Information Committee of the Society of Professional Journalists. Mr. Mauro is a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award.. He received his B.A.

viii from Rutgers University and his M.A. in journalism from Columbia University. Before coming to Washington, he worked for newspapers in Massachusetts and New Jersey.

ALAN MEESE is an Assistant Professor of Law at the College of William and Mary School of Law. Professor Meese received his A.B. from the College of William and Mary and his J.D. from the University of Chicago. Prior to joining the William and Mary faculty, he was an associate in the antitrust department at Skadden, Arps, Slate, Meagher and Flom in Washington, D.C. Previously, he served as a law clerk, first to Judge Frank Easterbrook of the United States Court of Appeals for the Seventh Circuit and then to Justice Antonin Scalia of the Supreme Court of the United States. He is the author of articles on the first amendment rights of corporations and the law and economics of the attorney client privilege. His most recent article, on the antitrust implications of franchise tying contracts, appears in the Michigan Law Review this fall.

HARRY G. PRINCE came to Hastings College of Law as a Visitor in 1985 and joined the regular faculty in 1986. He is a native of Duncan, Oklahoma, and attended Valparaiso University in Indiana before serving in the U.S. army. After his discharge, he completed his undergraduate studies at Temple University in Philadelphia and received his J.D. in 1980 from New York University School of Law. He served as a law clerk to Judge Lee R. West of the Western District of Oklahoma and worked as an attorney-adviser in the U.S. State Department before joining the law faculty of the University of Illinois in 1982. His primary teaching and research areas are contracts, commercial law and public international law.

DAVID SAVAGE has been the Supreme Court correspondent in Washington for the since 1986. Prior to that assignment, he was an education writer for the Times in Los Angeles. He has also covered Congress and the Supreme Court for a Washington weekly newspaper. He earned his B.A. in political science from the University of North Carolina at Chapel Hill and his M.S. from Northwestern University. He is the author of Turning Right: The Making of the Rehnquist Court (1992) and a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award.

RODNEY SMOLLA is the Arthur B. Hanson Professor of Law at the College of William and Mary School of Law. From 1988 to 1996 he was the Director of the Institute of Bill of Rights Law. He graduated from Yale in 1975, and Duke Law School in 1978, and then served as the law clerk to Federal Circuit Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit. After practicing law in Chicago, he entered academic life, and has taught at the law schools at DePaul, the University of Illinois, and the University of Arkansas, and been a visiting professor at Indiana University, the University of Denver, and Duke University. From 1987 to 1996 he was a Senior Fellow of The Annenberg Washington Program in Communications Policy Studies of Northwestern University. He writes and speaks extensively on constitutional law issues, and has delivered testimony before the United States Senate Judiciary Committee and the U.S. Civil Rights Commission. He is an active participant in litigation matters involving constitutional law, and is a member of the Illinois and United States Supreme Court bars. His books are FederalCivil Rights Acts (Clark Boardman Callaghan, 3rd Edition, 1994); Smolla andNimmer on Freedom of Speech (Clark Boardman Callaghan, 3rd Edition, 1996); Free Speech in an Open Society (Alfred A. Knopf, 1992) (received the 1992 William 0. Douglas Prize for the Most Distinguished Monograph on Freedom of Expression); ConstitutionalLaw, Structure and Rights in Our FederalSystem (with Daan Braveman and William Banks, Matthew Bender Pub. Co., 3rd Ed. 1996); JerryFalwell v. Larry Flynt: The FirstAmendment on Trial (St. Martin's Press, 1988); Suing the Press: Libel, the Media, andPower (Oxford University Press, 1986) (received the ABA Gavel Award Certificate of Merit); Law ofDefamation (Clark Boardman Callaghan, 1986), and A Year in the Life of the Supreme Court (Smolla, Editor, Duke University Press 1995) (received the 1996 ABA Silver Gavel Award).

HON. MARGARET SPENCER serves in the General District Court for the City of Richmond. Judge Spencer received her B.A. from Howard University in 1969 and her J.D. from the University of Virginia in 1972. She was a member of the law faculty at William and Mary from 1988 to 1994. Prior to that time she was Assistant Attorney General for the Commonwealth of Virginia, Senior

ix Appellate Attorney with the Civil Rights Division of the U.S. Department of Justice, and an Assistant United States Attorney. Judge Spencer was a member of the Virginia Board of Corrections from 1990 until 1994 and also served on the State Commission on Sentencing and Parole Reform. She is a member of the Virginia State Bar's Mandatory Professionalism Course Faculty, the American Law Institute, and the Faculty of the National Judicial College. She is currently an Adjunct Professor at the law schools at William and Mary and the University of Richmond. Her publications include "Sentencing Drug Offenders: The Incarceration Addiction" in Villanova Law Review, "Prosecutorial Immunity: The Response to Prenatal Drug Use" in Connecticut Law Review, and Corporate Misconduct (Greenwood Publishing, 19995). KATHRYN URBONYA has extensively written, studied, and lectured throughout the nation on the use of excessive force by governmental officials under the Fourth, Eighth, and Fourteenth Amendments. As a Professor of Law at Georgia State University, she teaches constitutional law, criminal procedure, and civil rights. In addition, she was appointed by Mayor Andrew Young of Atlanta to serve on the Civilian Review Board, which investigated claims of police misconduct by suspects and detainees. Prior to teaching, she was a law clerk for Justice Gerald W. VandeWalle of the North Dakota Supreme Court and Federal District Judge G. Ernest Tidwell in Atlanta. She is co- authoring a treatise on Civil Rights Litigation to be published by West Publishing. STEPHEN WERMIEL joined the faculty of Georgia State University Law School in August 1992 after completing a year as the Lee Distinguished Visiting Professor of Law at the College of William and Mary. For twelve years, Professor Wermiel was the Supreme Court correspondent for . He received his B.A. in political science from Tufts University and his J.D. from American University. He is currently working on the authorized biography of retired Supreme Court Justice William Brennan and authored an article on Supreme Court Justice Sandra Day O'Connor's first decade on the Supreme Court. He is a chapter author for A Year in the Life of the Supreme Court (Duke University Press, 1995), which won the 1996 ABA Silver Gavel Award. Other articles have appeared in the inaugural issue of the William and Mary Bill of Rights Law Journal, Northwestern University Law Review, Law and Contemporary Problems, and Constitutional Commentary.

x 1996-97 Supreme Court Preview ACKNOWLEDGMENTS

The Institute of Bill of Rights Law wishes to thank Pamela Kultgen, J.D. 1996, and Robin Dusek and Stacy Jones, J.D. 1998, for their editing of this 1996-97 Supreme Court Preview Conference Notebook. Millie Arthur, formerly of the Institute, worked as Consultant to the Preview. The Institute acknowledges the following for granting- permission to reprint copyrighted materials contained in these program materials. Paul M. Barrett Justices Limit State's Ability to Curb Ads. The Wall Street Journal Copyright 1996, Dow Jones & Co. Inc. Published with permission via The Copyright Clearance Center, Inc. Laurier W. Beaupre, Birth of a Third Immunity? PresidentBill Clinton Secures Temporary Immunity from Trial. Copyright 1995 Boston College Law Review. Reprinted with permission. Leslie Berger, IRS Refusal to Pay Refund Appealed to High Court. Copyright Los Angeles Times. Reprinted with permission. Nina Bernstein, An Accountability Issue. Copyright C 1996 by the New York Times Company. Reprinted by permission. Joan Biskupic, Agent Orange ProducersLose Court Appeal. C1996 The Washington Post. Reprinted With Pernssion. Joan Biskupic, Court Declares Gays Not Legally Different. C1996 The Washington Post. Reprinted With Permission. Joan Biskupic, English-Only Case to Get Court Review. 01996 The Washington Post. Reprinted With Permission. Joan Biskupic, High Court'sJustice With a Cause. 01995 The Washington Post. Reprinted With Permission. Joan Biskupic, JusticesDecline to Hear Campus Diversity Case. 01996 The Washington Post. Reprinted With Permission. Joan Biskupic, Justices Assail "Excessive" Jury Awards. @1996 The Washington Post. Reprinted With Permission. Joan Biskupic, The Shrinking Docket. 01996 The Washington Post. Reprinted With Permission. Joan Biskupic, Supreme Court Consistent on Group Rights. 01996 The Washington Post. Reprinted With Permission. Joan Biskupic, Thomas Caught Up in Conflict. 01996 The Washington Post Reprinted With Permission. Robyn E. Blummer, Anti-Abortion ProtestorsTreated Unfairly. Published in The St. Petersburg Times and reprinted with the permission of the author. David S. Broder, Brady Bill Boomerang. 01994 The Washington Post. Reprinted With Permission. James W. Brosnan, Women's Civil Rights at Issue in Lanier Case. Copyright The Memphis Commercial Appeal. Reprinted with permission. Richard Carelli, California'sDancing Raisins. Reprinted by permission of The Associated Press. Richard Carelli, Justices to Consider When Police can OrderMotorists to Exit Cars. Reprinted by permission of The Associated Press. Richard Carelli, Supreme Court to Tackle Species Act. Reprinted by permission of The Associated Press. Richard Carelli, Supreme Court Dumps R.I.'s Ban on Liquor PricingAds. Reprinted by permission of The Associated Press. Stephen L. Carter, Against Doctor-Assisted Suicide; Rush to a LethalJudgement. Copyright C 1996 by the New York Times Company. Reprinted by permission. Rajiv Chandrasekaran, FDA 's Tobacco Ad Rules FaceLengthy Court Challenge. Copyright 0 1996 by the New York Times Company. Reprinted by permission.

xi Richard Cordray, DriversMust Yield a Few Rights to Police in War Against Crime. Permission requested from the author. Marcia Coyle, Critics: Forfeiture Ruling Certain to Spur Reform. Reprinted with the permission of The NationalLaw Journal. Copyright, 1996, The New York Law Publishing Company. Damon Darlin, Gallo's Whine. Reprinted By Permission of FORBES Magazine C Forbes, Inc., 1996. Democracy Demeaned. Copyright C 1996 by the New York Times Company. Reprinted by permission. Lyle Denniston,Anti-GayAmendment Struck Down. Reprinted with permission, The Baltimore Sun; Copyright 1996. Lyle Denniston, Court to Rule on Workers' Shield from Ex-Employers. Reprinted with permission, The Baltimore Sun; Copyright 1996. Lyle Denniston, High Court CallsMost Ad Bans Unlawful; Ruling Could Threaten Baltimore'sAttempts to Curb Billboards. Reprinted with permission, The Baltimore Sun; Copyright 1996. Lyle Denniston, A Path-BreakingTerm?. Reprinted with permission, The Baltimore Sun; Copyright 1996. Lyle Denniston, Supreme CourtAgrees to Clanfy PoliceAuthority in Traffic Stops. Reprinted with permission, The Baltimore Sun; Copyright 1996. Lyle Denniston, The VAiRuling; Court: Women Can Go to VAH. Reprinted with permission, The Baltimore Sun; Copyright 1996. Ann Devroy; Ruth Marcus, Clinton Revises Casefor Delay ofLawsuit. (01996 The Washington Post. Reprinted With Permission. Keith Donoghue, Justices Take up Voting Rights Suit over Judge Races. Copyright The San Francisco Recorder. Reprinted with permission. Keith Donoghue, S.F Counsel PressuringUS. on Viet Refugees. Copyright The San Francisco Recorder. Reprinted with permission. Ducking on Affirmative Action. Copyright D 1996 by the New York Times Company. Reprinted by permission. Jim East, Sex Conviction ofJudge Voided. Permission granted, The Tennessean. Margo L. Ely, Judge Convicted ofSexual Assault Wins Reversal. Permission to reprint granted by the author. Garrett Epps, The Supremes Find a Theme. C1996 The Washington Post. Reprinted With Permission. Aaron Epstein, Colleges Lose Big Race Case, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, Court Ruling Breaks All-Male School Barriers,Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, Decision Sets Limit on Suits vs. States; Tribes Can't Sue States Opposed to Casinos, Knight- Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, English-Only Law Goes to High Court, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, High Court Affirms Seizure Law, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, High Court Will Weight Clinic No-Speech Zones, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, Justices to Rule on FederalMandate for Cable TV to Carry Local Stations, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, Supreme Court Rejects Racially Drawn Districts, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Aaron Epstein, To Scalia's Dismay, the "Reagan-Bush"Court Proves to be Feistily Independent, Knight-Ridder News Service, reprinted by permission of Tribune Media Services Excerpts from Ruling Against the Government on S.& L. Takeovers, Copyright C 1996 by the New York Times Company. Reprinted by permission.

xii Excerpts From High Court's Ruling Against the Male-Only Policy of V.M.I., Copyright C 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, High Court Finds Damage to S. & L.'sfrom Rule Change, Copyright CO 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, High Court to Revisit Issue of CurbingAbortion Clinic Protests, Copyright 0 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, High Court Voids Race-Based Plansfor Redistricting, Copyright C 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Holding of Violent Sex Offender Who Seems Likely to Repeat Crimes Will be Argued, Copyright C 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Justice Kennedy's Influence, Copyright C 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Justices Reconsider Law Requiring Cable TV to CarryLocal Stations' Signals, Copyright CO 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Justices to DecideMunicipal LiabilityIssue, Copyright CD1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Justices to Review the Reduction ofBlack Districts in Georgia, Copyright 0 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Legacy of a Term, Copyright 0 1996 by the New York Times Company. Reprinted by permission. Linda Greenhouse, Taking States Seriously, Copyright C 1996 by the New York Times Company. Reprinted by permission. James J. Hall, Treasury Announces Equitable Tolling Proposalto Extend Refund Periodfor Incapacitated Taxpayers, Michael Isikoff, Charles E. Shepard, Sharon LaFraniere, Clinton Hires Lawyer as Sexual HarassmentSuit Is Threatened David Jackson, Supreme Court Decides to Review Brady Law Cases. REPRINTED WITH PERMISSION OF THE MORNING NEWS. Gail Kerr, Women's Faith in System Restored. Permission granted, The Tennessean. James J. Kilpatrick, Clinton vs. Jones. Taken from a James J. Kilpatrick column. Distributed by Universal Press Syndicate. Reprinted with permission. All Rights Reserved. James Kilpatrick, Court CasesMay Help Define Rights ofMotorists. Taken from a James J. Kilpatrick column. Distributed by Universal Press Syndicate. Reprinted with permission. All Rights Reserved. Michael Kirkland, Court Will Review "Employer" Definition. Reprinted with the permission of UPI. John Kolbe, The Lines They Are A-Changin', Reprinted with the permission of Phoenix Newspapers. James S. Kunen, One Angry Man. Copyright 1996 Time Inc. Reprinted by permission. Stephen LaBaton, SuitAccuses PresidentOfAdvance. Copyright C 1994 by the New York Times Company. Reprinted by permission. Charles Levendosky, Give and Take on Takings, High CourtApproves ofStealing Propertyfrom Innocent People. Permission to reprint granted by the author. Sanford Levinson, High CourtPuts UT at a Disadvantage. Copyright Austin American Statesman. Reprinted with permission. Davie Lightman, Session Ends with Conflicting Views on States' Rights. Permission from The Hartford Courant. Tony Mauro, Court Backs Advertisers' Free Speech. Copyright 1996. USA TODAY. Reprinted with permission. Tony Mauro, High Court Cuts Cases; Conservative Tide a Factor. Copyright 1996. USA TODAY. Reprinted with permission.

Xiii Susan Carpenter McMillan, If Clinton Is Innocent, Why Not Proceed? Copyright 1996, Los Angeles Times. Reprinted by permission. John McQuaid, Black Voters Challenge DistrictsNAACP Says Election Set-Up. Permission granted by The New Orleans Times-Picayune. Rob Modic, Courtto Hear Traffic Stop Case. Permission by the Dayton Daily News. Frank J. Murray, Clinton Won't FaceJones Suit Before Election. Copyright 01996 The Washington Times. Reprinted with permission. Frank J. Murray, High CourtRevisits Abortion Issue to Eye Limits on ClinicProtestors. Copyright 01996 The Washington Times. Reprinted with permission. Frank J. Murray, High Court to Rule on Police Safety vs. Car-PassengerRights. Copyright C1996 The Washington Times. Reprinted with permission. Frank J. Murray, "Official English" Case Goes to Justices. Copyright 01996 The Washington Times. Reprinted with permission. Burt Neuborne, PushingFree Speech Too Far. Copyright 0 1996 by the New York Times Company. Reprinted by permission. Sanford Nix, Dennis Pollock, Supreme Court Will HearAd Case. With permission from The Fresno Bee. William Raspberry, Fairness: We'll Know it When We See It. 01996 The Washington Post Writers Group. Reprinted With Permission. Jonathan Riskind, Supreme Court to Hear Ohio Natural Gas Case, Copyright The Columbus Dispatch, reprinted by permission. Tony Rizzo, Sexual PredatorCase from Kansas Will Guide Nation. As seen in The Kansas City Star on June 18, 1996 and reprinted for informational purposes only with permission from The Kansas City Star. Tony Rizzo, Sexual PredatorLaw in Kansas is Struck Down. As seen in The Kansas City Star on March 2, 1996 and reprinted for informational purposes only with permission from The Kansas City Star. Mary Ann Roser, Texas Hit Hardby Hopwood Decision. Copyright Austin American Statesman. Reprinted with permission. Herbert A. Sample, Court to Tackle Crop Growing, Copyright 1996 The Sacramento Bee. Permission Granted. David Savage, English-OnlyAppeals Goes to Supreme Court, Copyright 1996, Los Angeles Times. Reprinted by permission. David G. Savage, States on Winning Streak, Reprinted with permission, ABA Journal. Ann Scales, CourtRulings on Race Dismay Civil Rights Advocates, reprinted courtesy of . John Schmeltzer, High Court to Rule on Currency Trading, Reprinted with Permission, The Chicago Tribune. Henry Weinstein, Appeals Court Won't Review Suicide Ruling, Copyright 1996, Los Angeles Times. Reprinted by permission. George Will, PropertySeizure Ruling Should Give Us Pause, 01996 The Washington Post Writers Group. Reprinted With Permission. Jason Wolfe, Nonprofit Groups Wary as High Court Weighs Town, Camp Tax Feud. Reprinted with the premission of the Portland Press Herald. Cathy Young, Crime, the Constitution and the 'Weaker'Sex, The Wall Street Journal Copyright 1996, Dow Jones & Co. Inc. Published with permission via The Copyright Clearance Center, Inc.

xiv 1996-97 Supreme Court Preview INSTITUTE OF BILL OF RIGHTS LAW

The Institute of Bill of Rights Law was established at William and Mary in 1982 to support research and education on the Constitution and Bill of Rights. One of the principal missions of the Institute is to facilitate interaction between the professions of law and journalism. Through a discussion of key cases on the Supreme Court's docket at the start of each term, the annual Supreme Court Preview provides in-depth education for journalists on the underlying constitutional issues in order to enhance press coverage of the decisions. The Institute wishes to thank the National Conference of Editorial Writers for its assistance with publicity.

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