Variable Name | Spaeth Name | Normalizations |
---|---|---|
issue | ISSUE | 278 [ view ] |
This variable identifies the issue for each decision. Although criteria for the identification of issues are hard to articulate, the focus here is on the subject matter of the controversy (e.g., sex discrimination, state tax, affirmative action) rather than its legal basis (e.g., the equal protection clause) (see the variable lawType).
This variable and its counterpart, issue area, cover the waterfront of the Court’s decisions. However, neither of them provide the specificity that users commonly want. The three legal provision variables reduce the generic quality of issue and issue area to a more specific level. They are discussed in the first of the legal provisions below.
Because the database extends over four centuries of the Court’s decisions during which time the Court’s jurisdiction changed drastically, the description of many specific variables does not provide a good fit. Thus, for example,‘debtors’ rights’, which locates in the civil rights issue area, contains many nineteenth century cases that have little, if anything, to do with civil rights as understood today. Nor do a vast majority of early takings cases have any reference to due process, and many of the early criminal procedure cases don’t involve crimes at all. Conversely, to have lumped all railroad cases, bar none, into one variable would have erased the many types of situations in which nineteenth and early twentieth century railroads found themselves.
This situation results because the original (Spaeth) database began with the Warren Court, followed by its predecessor, the Vinson Court. We made a decision to retain the twentieth century listing and apply it as best we could to the eighteenth and nineteenth century decisions. We found it possible with the addition of only the seven common law law decisions (variables 140010–140070), plus a couple of others. Obviously, this decision produced definitonal stretching. Users, of course, may redefine issues to suit themselves
This variable identifies issues on the basis of the Court’s own statements as to what the case is about. The objective is to categorize the case from a public policy standpoint, a perspective that the legal basis for decision (lawType) commonly disregards.
A few issues pertain only to the heritage (legacy) cases; those decided between 1791 and 1946. These include the private action category, typically common law issues: real property, personal property, contracts, evidence, civil procedure, wills and trusts, and commercial transactions. Others pertain to slavery, land claims (mostly state and territorial), executive authority vis-a-vis congress or the states, and incorporation of foreign territories.
Unlike the lawType variable where the number of legal provisions at issue has no preordained upper bound, each legal provision should generally not have more than a single issue applied to it. A second issue should apply only when a preference for one rather than the other cannot readily be made. Of the many thousand records in the database, few have a legal basis for decision that applies to a second issue. (If you are interested in decisions with more than one issue or legal provision, use one of the datasets organized by issue/legal provision.)
Because the database spans the entire four-century history of the Supreme Court, It is desirable that the list of modern issues be related to those of the eighteenth and nineteenth centuries. Thus, in specifying the issue in a legacy case, the one that best accords with what today’s Court would consider it to be is chosen. This produces a bit of tension, most all of which only requires a broadening of the scope of the relevant issues, rather than the creation of new time-specific ones. Thus, although state and local governments were not bound to adhere to the provisions of the Bill of Rights until well after the passage of the Fourteenth Amendment, many cases did arise involving aspects of the First Amendment, search and seizure, notice and hearing, etc. These are treated compatibly with the modern use of the relevant provision of the Bill of Rights.
The same rule applies to statutory issues, such as rules of procedure. Although their legal provision is Supreme Court Rules, they are coded as issues of civil (90110) or criminal (10370) procedure even though they antedate the relevant Rules of Civil and Criminal Procedure.
Prize cases in which vessels on the high seas are captured and brought into American ports and the confiscation acts resulting from the Civil War and World War I are treated either as due process takings clause cases (40070) or as cases involving the jurisdiction of the federal courts (90320 or 90330) to decide the legality of the capture or confiscation.
The variable codes 260 issues, each of which has an identifying number. They are ordered below by their larger issue area: criminal procedure (10010–10600), civil rights (20010–20410), First Amendment (30010–30020), due process (40010–40070), privacy (50010–50040), attorneys (60010–60040), unions (70010–70210), economic activity (80010–80350), judicial power (90010–90520), federalism (100010–100130), interstate relation (110010–110030), federal taxation (120010–120040), miscellaneous (130010–130020), and private law (140010–140080). These comprise the codes for a separate variable, Issue Area, that is described immediately following this one.
The scope of these categories is as follows: criminal procedure encompasses the rights of persons accused of crime, except for the due process rights of prisoners (issue 40040).
Civil rights includes non-First Amendment freedom cases which pertain to classifications based on race (including American Indians), age, indigency, voting, residency, military or handicapped status, gender, and alienage. Purists may wish to treat the military issues (20230, 20240, 20250) and Indian cases (20150, 20160) as economic activity, while others may wish to include the privacy category as a subset of civil rights.
First Amendment encompasses the scope of this constitutional provision, but do note that not every case in the First Amendment group directly involves the interpretation and application of a provision of the First Amendment. Some, for example, may only construe a precedent, or the reviewability of a claim based on the First Amendment, or the scope of an administrative rule or regulation that impacts the exercise of First Amendment freedoms. In other words, not every record that displays a First Amendment issue will correspondingly display a provision of the First Amendment in its legal provision variable (lawType).
Due process is limited to non-criminal guarantees and, like First Amendment issues, need not show 207 (Fifth Amendment Due Process) or 230 (Fourteenth Amendment Due Process) in the lawType variable. Some of you may wish to include state court assertion of jurisdiction over nonresident defendants and the takings clause as part of judicial power and economic activity, respectively, rather than due process.
The four issues comprising privacy may be treated as a subset of civil rights.
Because of their peculiar role in the judicial process, a separate attorney category has been created, which also includes their compensation and licenses, along with those of governmental officials and employees. You may wish to include these issues with economic activity, however.
Unions encompass those issues involving labor union activity. You may wish to redefine this category for yourself or combine it, in whole or in part, with economic activity.
Economic activity is largely commercial and business related; it includes tort actions and employee actions vis-a-vis employers. Issues 80140 (government corruption)and 80150 (zoning) are only tangential to the other issues located in economic activity.
Judicial power concerns the exercise of the judiciary’s own power. To the extent that a number of these issues concern federal-state court relationships, you may wish to include them in the federalism category.
Federalism pertains to conflicts and other relationships between the federal government and the states, except for those between the federal and state courts. Interstate relations contain three types of disputes which occur between or among states.
Federal taxation concerns the Internal Revenue Code and related statutes. Miscellaneous contains three groups of cases that do not fit into any other category.
Private law relates to disputes between private persons involving real and personal property, contracts, evidence, civil procedure, torts, wills and trusts, and commercial transactions. Prior to the passage of the Judges’ Bill of 1925 much—arguably most— of the Court’s cases concerned such issues. The Judges’ Bill gave the Court control of its docket, as a result of which such cases have disappeared from the Court’s docket in preference to litigation of more general applicability.
If interest lies in a particular issue that has a specific legal or constitutional component, comprehensive coverage may be insured by listing not only the issue(s) that bear thereon, but also the appropriate code(s) from the lawType variable. Thus, if the right to counsel is the focus, issues 10120, 20320, and 20330 will fall within its scope, as will code 214 (Sixth Amendment Right to Counsel) from the lawType variable. Also recognize that the party variables (petitioner, petitionerState, respondent,
respondentState) may also help locate the cases of interest.
Note that jury instructions (10220) need not necessarily occur in the context of criminal action. This is especially so in heritage cases.
Issue 80110 (state regulation of business) also includes that of local governments. These are combined with state regulation because many heritage cases involve both.
Issue 90110 (federal rules of civil procedure) includes Supreme Court Rules, the Federal Rules of Evidence, the Federal Rules of Civil Procedure in civil litigation, Circuit Court Rules, state rules, and admiralty rules.
National supremacy cases, in the context of federal-state conflicts (10050–100120)involve the general welfare, contract, supremacy, or interstate commerce causes, or the enforcement clause of the Fourteenth Amendment. These cases are distinguishable from the pre-empton cases (100020 and 100030) because they have a constitutional basis for decision.
Note that the legal provision variable and the first five background variables may supplement specification of case issue. Thus, for example, if you are interested in the huge mass of railroad cases generally that prevailed in the late nineteenth and early twentieth century decisions, case name will be of more help than the issues pertaining to railroad litigation.
Values:
10010 | involuntary confession |
10020 | habeas corpus |
10030 | plea bargaining: the constitutionality of and/or the circumstances of its exercise |
10040 | retroactivity (of newly announced or newly enacted constitutional or statutory rights) |
10050 | search and seizure (other than as pertains to vehicles or Crime Control Act) |
10060 | search and seizure, vehicles |
10070 | search and seizure, Crime Control Act |
10080 | contempt of court or congress |
10090 | self-incrimination (other than as pertains to Miranda or immunity from prosecution) |
10100 | Miranda warnings |
10110 | self-incrimination, immunity from prosecution |
10120 | right to counsel (cf. indigents appointment of counsel or inadequate representation) |
10130 | cruel and unusual punishment, death penalty (cf. extra legal jury influence, death penalty) |
10140 | cruel and unusual punishment, non-death penalty (cf. liability, civil rights acts) |
10150 | line-up Note: admissibility into evidence of identification obtained after accused was taken into custody, or after indictment or information |
10160 | discovery and inspection (in the context of criminal litigation only, otherwise Freedom of Information Act and related federal or state statutes or regulations) |
10170 | double jeopardy |
10180 | ex post facto (state) |
10190 | extra-legal jury influences: miscellaneous Note: no question regarding the right to a jury trial or to a speedy trial (these belong in jury trial and speedy trial, respectively); the focus, rather, is on the fairness to the accused when jurors are exposed to the influences specified |
10200 | extra-legal jury influences: prejudicial statements or evidence |
10210 | extra-legal jury influences: contact with jurors outside courtroom |
10220 | extra-legal jury influences: jury instructions (not necessarily in criminal cases) |
10230 | extra-legal jury influences: voir dire (not necessarily a criminal case) |
10240 | extra-legal jury influences: prison garb or appearance |
10250 | extra-legal jury influences: jurors and death penalty (cf. cruel and unusual punishment) |
10260 | extra-legal jury influences: pretrial publicity |
10270 | confrontation (right to confront accuser, call and cross-examine witnesses) |
10280 | subconstitutional fair procedure: confession of error Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10290 | subconstitutional fair procedure: conspiracy (cf. Federal Rules of Criminal Procedure: conspiracy) Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10300 | subconstitutional fair procedure: entrapment Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10310 | subconstitutional fair procedure: exhaustion of remedies Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10320 | subconstitutional fair procedure: fugitive from justice Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10330 | subconstitutional fair procedure: presentation, admissibility, or sufficiency of evidence (not necessarily a criminal case) Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10340 | subconstitutional fair procedure: stay of execution Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10350 | subconstitutional fair procedure: timeliness Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10360 | subconstitutional fair procedure: miscellaneous Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories. |
10370 | Federal Rules of Criminal Procedure Note: including application of the Federal Rules of Evidence in criminal proceedings and criminal rules of a court of appeals or state supreme court |
10380 | statutory construction of criminal laws: assault Note: these codes, by definition exclude the constitutionality of these laws |
10390 | statutory construction of criminal laws: bank robbery Note: these codes, by definition exclude the constitutionality of these laws |
10400 | statutory construction of criminal laws: conspiracy (cf. subconstitutional fair procedure: conspiracy) Note: these codes, by definition exclude the constitutionality of these laws |
10410 | statutory construction of criminal laws: escape from custody Note: these codes, by definition exclude the constitutionality of these laws |
10420 | statutory construction of criminal laws: false statements (cf. statutory construction of criminal laws: perjury) Note: these codes, by definition exclude the constitutionality of these laws |
10430 | statutory construction of criminal laws: financial (other than in fraud or internal revenue) Note: these codes, by definition exclude the constitutionality of these laws |
10440 | statutory construction of criminal laws: firearms Note: these codes, by definition exclude the constitutionality of these laws |
10450 | statutory construction of criminal laws: fraud Note: these codes, by definition exclude the constitutionality of these laws |
10460 | statutory construction of criminal laws: gambling Note: these codes, by definition exclude the constitutionality of these laws |
10470 | statutory construction of criminal laws: Hobbs Act; i.e., 18 USC 1951 Note: these codes, by definition exclude the constitutionality of these laws; not 28 USC 2341, the Administrative Orders Review Act |
10480 | statutory construction of criminal laws: immigration (cf. immigration and naturalization) Note: these codes, by definition exclude the constitutionality of these laws |
10490 | statutory construction of criminal laws: internal revenue (cf. Federal Taxation) Note: these codes, by definition exclude the constitutionality of these laws |
10500 | statutory construction of criminal laws: Mann Act and related statutes Note: these codes, by definition exclude the constitutionality of these laws |
10510 | statutory construction of criminal laws: narcotics includes regulation and prohibition of alcohol Note: these codes, by definition exclude the constitutionality of these laws |
10520 | statutory construction of criminal laws: obstruction of justice Note: these codes, by definition exclude the constitutionality of these laws |
10530 | statutory construction of criminal laws: perjury (other than as pertains to statutory construction of criminal laws: false statements) Note: these codes, by definition exclude the constitutionality of these laws |
10540 | statutory construction of criminal laws: Travel Act, 18 USC 1952 Note: these codes, by definition exclude the constitutionality of these laws |
10550 | statutory construction of criminal laws: war crimes Note: these codes, by definition exclude the constitutionality of these laws |
10560 | statutory construction of criminal laws: sentencing guidelines Note: these codes, by definition exclude the constitutionality of these laws |
10570 | statutory construction of criminal laws: miscellaneous Note: these codes, by definition exclude the constitutionality of these laws |
10580 | jury trial (right to, as distinct from extra-legal jury influences) |
10590 | speedy trial |
10600 | miscellaneous criminal procedure (cf. due process, prisoners’ rights, comity: criminal procedure) |
20010 | voting |
20020 | Voting Rights Act of 1965, plus amendments |
20030 | ballot access (of candidates and political parties) |
20040 | desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action) |
20050 | desegregation, schools |
20060 | employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions. Note: Not alienage, which is employability of aliens, or gender, which is sex discrimination in employment. |
20070 | affirmative action |
20075 | slavery or indenture |
20080 | sit-in demonstrations (protests against racial discrimination in places of public accommodation) Note: To be sharply distinguished from protests not involving racial discrimination. The latter are coded as protest demonstrations. |
20090 | reapportionment: other than plans governed by the Voting Rights Act |
20100 | debtors’ rights |
20110 | deportation (cf. immigration and naturalization) |
20120 | employability of aliens (cf. immigration and naturalization) |
20130 | sex discrimination (excluding sex discrimination in employment) |
20140 | sex discrimination in employment (cf. sex discrimination) |
20150 | Indians (other than pertains to state jurisdiction over) |
20160 | Indians, state jurisdiction over |
20170 | juveniles (cf. rights of illegitimates) |
20180 | poverty law, constitutional Note: typically equal protection challenges over welfare benefits, including pension and medical benefits |
20190 | poverty law, statutory: welfare benefits, typically under some Social Security Act provision. Note: Excludes rights of illegitimates and rights of handicapped |
20200 | illegitimates, rights of (cf. juveniles): typically inheritance and survivor’s benefits, and paternity suits |
20210 | handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes |
20220 | residency requirements: durational, plus discrimination against nonresidents |
20230 | military: draftee, or person subject to induction Note: cf. conscientious objectors and comity: military |
20240 | military: active duty Note: cf. conscientious objectors and comity: military |
20250 | military: veteran Note: cf. conscientious objectors and comity: military |
20260 | immigration and naturalization: permanent residence Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20270 | immigration and naturalization: citizenship Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20280 | immigration and naturalization: loss of citizenship, denaturalization Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20290 | immigration and naturalization: access to public education Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20300 | immigration and naturalization: welfare benefits Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20310 | immigration and naturalization: miscellaneous Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens |
20320 | indigents: appointment of counsel (cf. right to counsel) Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20330 | indigents: inadequate representation by counsel (cf. right to counsel) Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20340 | indigents: payment of fine Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20350 | indigents: costs or filing fees Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20360 | indigents: U.S. Supreme Court docketing fee Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20370 | indigents: transcript Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20380 | indigents: assistance of psychiatrist Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20390 | indigents: miscellaneous Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory. |
20400 | liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty) Note: tort actions involving liability that are based on a civil rights act |
20410 | miscellaneous civil rights (cf. comity: civil rights) |
30010 | First Amendment, miscellaneous (cf. comity: First Amendment) |
30020 | commercial speech, excluding attorneys |
30030 | libel, defamation: defamation of public officials and public and private persons |
30040 | libel, privacy: true and false light invasions of privacy |
30050 | legislative investigations: concerning internal security only |
30060 | federal or state internal security legislation: Smith, Internal Security, and related federal statutes |
30070 | loyalty oath or non-Communist affidavit (other than bar applicants, government employees, political party, or teacher) |
30080 | loyalty oath: bar applicants (cf. admission to bar, state or federal or U.S. Supreme Court) |
30090 | loyalty oath: government employees |
30100 | loyalty oath: political party |
30110 | loyalty oath: teachers |
30120 | security risks: denial of benefits or dismissal of employees for reasons other than failure to meet loyalty oath requirements |
30130 | conscientious objectors (cf. military draftee or military active duty) to military service |
30140 | campaign spending (cf. governmental corruption): Note: financing electoral costs other than as regulated by the Taft-Hartley Act. Typically involves the Federal Election Campaign Act |
30150 | protest demonstrations (other than as pertains to sit-in demonstrations): demonstrations and other forms of protest based on First Amendment guarantees |
30160 | free exercise of religion |
30170 | establishment of religion (other than as pertains to parochiaid:) |
30180 | parochiaid: government aid to religious schools, or religious requirements in public schools |
30190 | obscenity, state (cf. comity: privacy): including the regulation of sexually explicit material under the 21st Amendment |
30200 | obscenity, federal |
40010 | due process: miscellaneous (cf. loyalty oath), the residual code |
40020 | due process: hearing or notice (other than as pertains to government employees or prisoners’ rights) Note: hearing may be statutorily based |
40030 | due process: hearing, government employees |
40040 | due process: prisoners’ rights and defendants’ rights |
40050 | due process: impartial decision maker |
40060 | due process: jurisdiction (jurisdiction over non-resident litigants) |
40070 | due process: takings clause, or other non-constitutional governmental taking of property |
50010 | privacy (cf. libel, comity: privacy) |
50020 | abortion: including contraceptives |
50030 | right to die |
50040 | Freedom of Information Act and related federal or state statutes or regulations |
60010 | attorneys’ and governmental employees’ or officials’ fees or compensation or licenses |
60020 | commercial speech, attorneys (cf. commercial speech) |
60030 | admission to a state or federal bar, disbarment, and attorney discipline (cf. loyalty oath: bar applicants) |
60040 | admission to, or disbarment from, Bar of the U.S. Supreme Court |
70010 | arbitration (in the context of labor-management or employer-employee relations) (cf. arbitration) |
70020 | union antitrust: legality of anticompetitive union activity |
70030 | union or closed shop: includes agency shop litigation |
70040 | Fair Labor Standards Act |
70050 | Occupational Safety and Health Act |
70060 | union-union member dispute (except as pertains to union or closed shop) |
70070 | labor-management disputes: bargaining |
70080 | labor-management disputes: employee discharge |
70090 | labor-management disputes: distribution of union literature |
70100 | labor-management disputes: representative election |
70110 | labor-management disputes: antistrike injunction |
70120 | labor-management disputes: jurisdictional dispute |
70130 | labor-management disputes: right to organize |
70140 | labor-management disputes: picketing |
70150 | labor-management disputes: secondary activity |
70160 | labor-management disputes: no-strike clause |
70170 | labor-management disputes: union representatives |
70180 | labor-management disputes: union trust funds (cf. ERISA) |
70190 | labor-management disputes: working conditions |
70200 | labor-management disputes: miscellaneous dispute |
70210 | miscellaneous union |
80010 | antitrust (except in the context of mergers and union antitrust) |
80020 | mergers |
80030 | bankruptcy (except in the context of priority of federal fiscal claims) |
80040 | sufficiency of evidence: typically in the context of a jury’s determination of compensation for injury or death |
80050 | election of remedies: legal remedies available to injured persons or things |
80060 | liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action. |
80070 | liability, other than as in sufficiency of evidence, election of remedies, punitive damages |
80080 | liability, punitive damages |
80090 | Employee Retirement Income Security Act (cf. union trust funds) |
80100 | state or local government tax Note: those challenged on the basis of the supremacy clause and the 21st Amendment may also locate in national supremacy: intergovernmental tax immunity or national supremacy: state tax |
80105 | state and territorial land claims Note: those challenged on the basis of the supremacy clause and the 21st Amendment may also locate in national supremacy: intergovernmental tax immunity or national supremacy: state tax |
80110 | state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation) |
80120 | federal or state regulation of securities |
80130 | natural resources – environmental protection (cf. national supremacy: natural resources, national supremacy: pollution) |
80140 | corruption, governmental or governmental regulation of other than as in campaign spending |
80150 | zoning: constitutionality of such ordinances, or restrictions on owners’ or lessors’ use of real property |
80160 | arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration) |
80170 | federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts |
80180 | patents and copyrights: patent |
80190 | patents and copyrights: copyright |
80200 | patents and copyrights: trademark |
80210 | patents and copyrights: patentability of computer processes |
80220 | federal or state regulation of transportation regulation: railroad |
80230 | federal and some few state regulations of transportation regulation: boat |
80240 | federal and some few state regulation of transportation regulation:truck, or motor carrier |
80250 | federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline) |
80260 | federal and some few state regulation of transportation regulation: airline |
80270 | federal and some few state regulation of public utilities regulation: electric power |
80280 | federal and some few state regulation of public utilities regulation: nuclear power |
80290 | federal and some few state regulation of public utilities regulation: oil producer |
80300 | federal and some few state regulation of public utilities regulation: gas producer |
80310 | federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline) |
80320 | federal and some few state regulation of public utilities regulation: radio and television (cf. cable television) |
80330 | federal and some few state regulation of public utilities regulation: cable television (cf. radio and television) |
80340 | federal and some few state regulations of public utilities regulation: telephone or telegraph company |
80350 | miscellaneous economic regulation |
90010 | comity: civil rights Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90020 | comity: criminal procedure Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90030 | comity: First Amendment Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90040 | comity: habeas corpus Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90050 | comity: military Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90060 | comity: obscenity Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90070 | comity: privacy Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90080 | comity: miscellaneous Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90090 | comity primarily removal cases, civil procedure (cf. comity, criminal and First Amendment); deference to foreign judicial tribunals Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies |
90100 | assessment of costs or damages: as part of a court order |
90110 | Federal Rules of Civil Procedure including Supreme Court Rules, application of the Federal Rules of Evidence, Federal Rules of Appellate Procedure in civil litigation, Circuit Court Rules, and state rules and admiralty rules |
90120 | judicial review of administrative agency’s or administrative official’s actions and procedures |
90130 | mootness (cf. standing to sue: live dispute) |
90140 | venue |
90150 | no merits: writ improvidently granted Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90160 | no merits: dismissed or affirmed for want of a substantial or properly presented federal question, or a nonsuit Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90170 | no merits: dismissed or affirmed for want of jurisdiction (cf. judicial administration: Supreme Court jurisdiction or authority on appeal from federal district courts or courts of appeals) Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90180 | no merits: adequate non-federal grounds for decision Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90190 | no merits: remand to determine basis of state or federal court decision (cf. judicial administration: state law) Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90200 | no merits: miscellaneous Note: use only if the syllabus or the summary holding specifies one of the following bases. |
90210 | standing to sue: adversary parties |
90220 | standing to sue: direct injury |
90230 | standing to sue: legal injury |
90240 | standing to sue: personal injury |
90250 | standing to sue: justiciable question |
90260 | standing to sue: live dispute |
90270 | standing to sue: parens patriae standing |
90280 | standing to sue: statutory standing |
90290 | standing to sue: private or implied cause of action |
90300 | standing to sue: taxpayer’s suit |
90310 | standing to sue: miscellaneous |
90320 | judicial administration: jurisdiction or authority of federal district courts or territorial courts Note: jurisdiction of the federal courts or of the Supreme Court (cf. no merits: dismissed for want of jurisdiction) |
90330 | judicial administration: jurisdiction or authority of federal courts of appeals Note: jurisdiction of the federal courts or of the Supreme Court |
90340 | judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from federal district courts or courts of appeals (cf. 753) Note: jurisdiction of the federal courts or of the Supreme Court |
90350 | judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from highest state court Note: jurisdiction of the federal courts or of the Supreme Court |
90360 | judicial administration: jurisdiction or authority of the Court of Claims Note: jurisdiction of the federal courts or of the Supreme Court |
90370 | judicial administration: Supreme Court’s original jurisdiction Note: jurisdiction of the federal courts or of the Supreme Court |
90380 | judicial administration: review of non-final order Note: jurisdiction of the federal courts or of the Supreme Court |
90390 | judicial administration: change in state law (cf. no merits: remand to determine basis of state court decision) Note: jurisdiction of the federal courts or of the Supreme Court |
90400 | judicial administration: federal question (cf. no merits: dismissed for want of a substantial or properly presented federal question) Note: jurisdiction of the federal courts or of the Supreme Court |
90410 | judicial administration: ancillary or pendent jurisdiction Note: jurisdiction of the federal courts or of the Supreme Court |
90420 | judicial administration: extraordinary relief (e.g., mandamus, injunction) Note: jurisdiction of the federal courts or of the Supreme Court |
90430 | judicial administration: certification (cf. objection to reason for denial of certiorari or appeal) Note: jurisdiction of the federal courts or of the Supreme Court |
90440 | judicial administration: resolution of circuit conflict, or conflict between or among other courts Note: jurisdiction of the federal courts or of the Supreme Court |
90450 | judicial administration: objection to reason for denial of certiorari or appeal Note: jurisdiction of the federal courts or of the Supreme Court |
90460 | judicial administration: collateral estoppel or res judicata Note: jurisdiction of the federal courts or of the Supreme Court |
90470 | judicial administration: interpleader Note: jurisdiction of the federal courts or of the Supreme Court |
90480 | judicial administration: untimely filing Note: jurisdiction of the federal courts or of the Supreme Court |
90490 | judicial administration: Act of State doctrine Note: jurisdiction of the federal courts or of the Supreme Court |
90500 | judicial administration: miscellaneous Note: jurisdiction of the federal courts or of the Supreme Court |
90510 | Supreme Court’s certiorari, writ of error, or appeals jurisdiction Note: jurisdiction of the federal courts or of the Supreme Court |
90520 | miscellaneous judicial power, especially diversity jurisdiction |
100010 | federal-state ownership dispute (cf. Submerged Lands Act) |
100020 | federal pre-emption of state court jurisdiction Note: almost always found in the context of labor union activity. Does not involve constitutional interpretation. Rests rather on a primary jurisdiction rationale |
100030 | federal pre-emption of state legislation or regulation. cf. state regulation of business. rarely involves union activity. Does not involve constitutional interpretation unless the Court says it does. |
100040 | Submerged Lands Act (cf. federal-state ownership dispute) |
100050 | national supremacy: commodities Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100060 | national supremacy: intergovernmental tax immunity Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100070 | national supremacy: marital and family relationships and property, including obligation of child support Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100080 | national supremacy: natural resources (cf. natural resources – environmental protection) Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100090 | national supremacy: pollution, air or water (cf. natural resources – environmental protection) Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100100 | national supremacy: public utilities (cf. federal public utilities regulation) Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100110 | national supremacy: state tax (cf. state tax) Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100120 | national supremacy: miscellaneous Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision. |
100130 | miscellaneous federalism Note: cf. Indians, state jurisdiction over; comity; adequate non-federal grounds for decision; remand to determine basis of state court decision; judicial administration: Supreme Court jurisdiction or authority on appeal from highest state court, change in state law, or ancillary or pendent jurisdiction |
110010 | boundary dispute between states |
110020 | non-real property dispute between states |
110030 | miscellaneous interstate relations conflict |
110033 | incorporation of foreign territories Note: prior to 2014 Release 01, id = 10595 |
120010 | federal taxation, typically under provisions of the Internal Revenue Code Note: except as pertains to federal taxation of gifts or priority of federal fiscal claims |
120020 | federal taxation of gifts, personal, business, or professional expenses |
120030 | priority of federal fiscal claims: over those of the states or private entities |
120040 | miscellaneous federal taxation (cf. national supremacy: state tax) |
130010 | legislative veto |
130015 | executive authority vis-a-vis congress or the states Note: prior to 2014 Release 01, id = 100035 |
130020 | miscellaneous |
140010 | real property |
140020 | personal property |
140030 | contracts |
140040 | evidence |
140050 | civil procedure |
140060 | torts |
140070 | wills and trusts |
140080 | commercial transactions |