CONSTITUTIONAL LAW-Continued.
2. Congressional redistricting plan.-District Court's plan for Geor-
gia's congressional districts, which gives State only one majority-black
district, is constitutional, since court took into consideration traditional
state districting factors and remained sensitive to equal protection re-
quirements. Abrams v. Johnson, p. 74.
3. Redistricting plan for state legislature.-A new plan to redistrict
Florida Legislature did not unconstitutionally subordinate traditional dis-
tricting principles to race. Lawyer v. Department of Justice, p. 567.
VI. Establishment of Religion.
Federally funded remedial education programs-Sending public
school teachers to parochial schools.-Because New York City's program
sending public school teachers into parochial schools to provide remedial
instruction to disadvantaged children under Title I of Elementary and
Secondary Education Act of 1965 does not violate Establishment Clause,
Aguilar v. Felton, 473 U. S. 402, and a portion of School Dist. of Grand
Rapids v. Ball, 473 U. S. 373, are overruled, and relief from District
Court's order enjoining use of Title I funds for such program is granted
under Federal Rule of Civil Procedure 60(b)(5). Agostini v. Felton, p. 203.
State Sexually Violent Predator Act.-Kansas Act does not constitute
impermissible ex post facto lawmaking. Kansas v. Hendricks, p. 346.
1. Commercial speech-Generic advertising required by federal law.—
Requirement, set forth in marketing orders promulgated under Agricul-
tural Marketing Agreement Act of 1937, that respondent California tree
fruit producers finance generic advertising of their products does not vio-
late First Amendment under Central Hudson Gas & Elec. Corp. v. Public
Serv. Comm'n of N. Y., 447 U. S. 557. Glickman v. Wileman Brothers &
Elliott, Inc., p. 457.
2. Communications Decency Act of 1996-Internet transmission of
sexually explicit materials to minors.—Act's provisions prohibiting “in-
decent transmission" or "patently offensive display" of sexually explicit
materials to minors on Internet violate First Amendment. Reno v.
American Civil Liberties Union, p. 844.
IX. States' Immunity from Suit.
Dispute between Indian Tribe and State-Ownership of submerged
lands.-Doctrine of Ex parte Young, 209 U. S. 123, does not apply to elimi-
nate Idaho's Eleventh Amendment immunity from a Tribe's suit for declar-
atory and injunctive relief to preclude state officials from interfering with
CONSTITUTIONAL LAW-Continued.
Tribe's ownership of submerged lands beneath navigable waters. Idaho
v. Coeur d'Alene Tribe of Idaho, p. 261.
Brady Handgun Violence Prevention Act-Background checks by local
law enforcement officers.-Act's interim provisions compelling local law
enforcement officers to conduct background checks on prospective hand-
gun purchasers and to perform related tasks are unconstitutional. Printz
v. United States, p. 898.
CONTEMPT OF COURT. See Habeas Corpus, 2.
CRIMINAL LAW. See Antiterrorism and Effective Death Penalty
Act of 1966; Constitutional Law, II; VII; Habeas Corpus, 1.
DEATH PENALTY. See Habeas Corpus, 1.
DOUBLE JEOPARDY. See Constitutional Law, II.
DUE PROCESS. See Constitutional Law, III.
EDUCATION PROGRAMS. See Constitutional Law, VI.
ELECTION JUDGE SELECTION. See Voting Rights.
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. See
Constitutional Law, VI.
ELEVENTH AMENDMENT. See Constitutional Law, IX.
EMOTIONAL DISTRESS DAMAGES. See Federal Employers' Liabil-
ity Act.
EMPLOYER AND EMPLOYEES. See Federal Employers' Liability
Act; Longshore and Harbor Workers' Compensation Act.
ENFORCEMENT POWER. See Constitutional Law, IV.
EQUAL PROTECTION OF THE LAWS. See Constitutional Law, V.
ESTABLISHMENT OF RELIGION. See Constitutional Law, VI.
EX PARTE YOUNG DOCTRINE. See Constitutional Law, IX.
EX POST FACTO LAWS. See Constitutional Law, VII.
FEDERAL COURTS. See Jurisdiction.
FEDERAL EMPLOYERS' LIABILITY ACT.
Asbestos exposure-Recovery of emotional distress damages.—A rail-
road worker exposed to asbestos cannot recover under FELA for negli-
gently inflicted emotional distress unless he manifests symptoms of a
disease; employee here is also not entitled to recover related medical
monitoring costs. Metro-North Commuter R. Co. v. Buckley, p. 424.
FEDERALLY FUNDED REMEDIAL EDUCATION PROGRAMS. See
Constitutional Law, VI.
FEDERAL RULES OF CIVIL PROCEDURE. See also Constitutional
Law, VI.
Class action-Asbestos-related claims.-A class-action certification
sought to achieve global settlement of a large number of current and fu-
ture claims alleging injury or death from exposure to asbestos is invalid
under Rule 23. Amchem Products, Inc. v. Windsor, p. 591.
FEDERAL-STATE RELATIONS. See also Constitutional Law, X.
Alaska coast-Ownership of submerged lands.-Alaska's exceptions to
Special Master's recommendations on ownership of submerged lands along
State's Arctic Coast are overruled, and United States' exception to recom-
mendation on ownership of coastal submerged land in Arctic National
Wildlife Refuge is sustained. United States v. Alaska, p. 1.
FIDUCIARY DUTY. See Securities Exchange Act of 1934.
FIFTH AMENDMENT. See Constitutional Law, V, 2.
FIRST AMENDMENT. See Constitutional Law, VI; VIII.
FLORIDA. See Constitutional Law, V, 3; Jurisdiction.
FOURTEENTH AMENDMENT. See Constitutional Law, II-V, 1, 3.
"FRAUDULENT CONCEALMENT" DOCTRINE. See Racketeer In-
fluenced and Corrupt Organizations Act.
FREEDOM OF SPEECH. See Constitutional Law, VIII.
FREE EXERCISE OF RELIGION. See Constitutional Law, IV.
FRUIT PRODUCERS. See Constitutional Law, VIII, 1.
FUTURE DANGEROUSNESS. See Habeas Corpus, 1.
GENERIC ADVERTISING REQUIREMENTS. See Constitutional
Law, VIII, 1.
GEORGIA. See Constitutional Law, V, 2.
GUN CONTROL. See Constitutional Law, X.
HABEAS CORPUS. See also Antiterrorism and Effective Death Pen-
alty Act of 1966.
1. Capital murder-Sentencing-Future dangerousness finding-
"New" rule.-Rule of Simmons v. South Carolina, 512 U. S. 154-that a
capital defendant may inform his sentencing jury that he is parole ineligi-
ble if State argues future dangerousness-is "new" under Teague v. Lane,
489 U. S. 288, and cannot be used to disturb O'Dell's death sentence.
O'Dell v. Netherland, p. 151.
2. Contempt of court-Summary conviction.-Because Ninth Circuit
misinterpreted constitutional requirements for imposing a summary con-
tempt order, its decision granting respondent's habeas petition and invali-
dating her state-court summary contempt conviction for her open-court
conduct is reversed. Pounders v. Watson, p. 982.
HANDGUN CONTROL. See Constitutional Law, X.
IDAHO. See Constitutional Law, IX.
IMMUNITY FROM SUIT. See Civil Rights Act of 1871; Constitu-
tional Law, IX.
INDECENT MATERIALS. See Constitutional Law, VIII, 2.
INDIAN-STATE RELATIONS. See Constitutional Law, IX.
INTERNET. See Constitutional Law, VIII, 2.
JOB-RELATED INJURIES. See Longshore and Harbor Workers'
Compensation Act.
Federal District Court-Redistricting plan for state legislature—Ap-
proval of settlement agreement.-Court was not required to declare un-
constitutional Florida's current redistricting plan for its state legislature
before approving a settlement agreement drawing a new plan. Lawyer
v. Department of Justice, p. 567.
KANSAS. See Constitutional Law, II; III, 2; VII.
"LAST PREDICATE ACT" RULE. See Racketeer Influenced and
Corrupt Organizations Act.
LEGISLATORS' STANDING TO SUE. See Constitutional Law, I.
LIMITATIONS PERIOD. See Racketeer Influenced and Corrupt Or-
ganizations Act.
LINE ITEM VETO ACT. See Constitutional Law, I.
LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT.
Work-related injury-No diminution in wage-earning capacity.—A
worker is entitled to nominal compensation under LHWCA when his
work-related injury has not diminished his present wage-earning capacity
under current circumstances, but there is a significant potential that injury
will cause diminished capacity under future conditions. Metropolitan Ste-
vedore Co. v. Rambo, p. 121.
MEDICAL MONITORING COSTS. See Federal Employers' Liabil-
MURDER. See Habeas Corpus, 1.
NEW RULES. See Habeas Corpus, 1.
NEW YORK. See Constitutional Law, V, 1; VI.
PAROCHIAL SCHOOLS. See Constitutional Law, VI.
PRECLEARANCE. See Voting Rights.
PRISON GUARDS. See Civil Rights Act of 1871.
QUALIFIED IMMUNITY FROM SUIT. See Civil Rights Act of 1871.
RACIAL GERRYMANDERING. See Constitutional Law, V, 2, 3;
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
АСТ.
Civil actions-Limitations period.-"Last predicate act" rule is not
proper rule to use in determining when a RICO civil action accrues and
limitations period begins to run; a plaintiff who is not reasonably diligent
in discovering his cause of action may not assert "fraudulent concealment"
doctrine to extend limitations period. Klehr v. A. O. Smith Corp., p. 179.
RAILROAD WORKERS. See Federal Employers' Liability Act.
REDISTRICTING. See Constitutional Law, V, 2, 3; Jurisdiction.
RELIGIOUS FREEDOM RESTORATION ACT OF 1993. See Consti-
tutional Law, IV.
RELIGIOUS SCHOOLS. See Constitutional Law, VI.
REMEDIAL EDUCATION PROGRAMS. See Constitutional Law, VI.
RETROACTIVE APPLICATION OF NEW LAWS. See Antiterrorism
and Effective Death Penalty Act of 1966.
RIGHT TO VOTE. See Constitutional Law, V, 2, 3; Jurisdiction;
Voting Rights.
SECTARIAN SCHOOLS. See Constitutional Law, VI.
SECTION 10(b). See Securities Exchange Act of 1934.
SECTION 1983. See Civil Rights Act of 1871.
SECURITIES EXCHANGE ACT OF 1934.
Section 10(b)-Trading based on misappropriated confidential infor-
mation.-An "outsider" who trades in securities for personal profit, using
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