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Issue

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:

10010involuntary confession
10020habeas corpus
10030plea bargaining: the constitutionality of and/or the circumstances of its exercise
10040retroactivity (of newly announced or newly enacted constitutional or statutory rights)
10050search and seizure (other than as pertains to vehicles or Crime Control Act)
10060search and seizure, vehicles
10070search and seizure, Crime Control Act
10080contempt of court or congress
10090self-incrimination (other than as pertains to Miranda or immunity from prosecution)
10100Miranda warnings
10110self-incrimination, immunity from prosecution
10120right to counsel (cf. indigents appointment of counsel or inadequate representation)
10130cruel and unusual punishment, death penalty (cf. extra legal jury influence, death penalty)
10140cruel and unusual punishment, non-death penalty (cf. liability, civil rights acts)
10150line-up
Note: admissibility into evidence of identification obtained after accused was taken into custody, or after indictment or information
10160discovery and inspection (in the context of criminal litigation only, otherwise Freedom of Information Act and related federal or state statutes or regulations)
10170double jeopardy
10180ex post facto (state)
10190extra-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
10200extra-legal jury influences: prejudicial statements or evidence
10210extra-legal jury influences: contact with jurors outside courtroom
10220extra-legal jury influences: jury instructions (not necessarily in criminal cases)
10230extra-legal jury influences: voir dire (not necessarily a criminal case)
10240extra-legal jury influences: prison garb or appearance
10250extra-legal jury influences: jurors and death penalty (cf. cruel and unusual punishment)
10260extra-legal jury influences: pretrial publicity
10270confrontation (right to confront accuser, call and cross-examine witnesses)
10280subconstitutional 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.
10290subconstitutional 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.
10300subconstitutional 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.
10310subconstitutional 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.
10320subconstitutional 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.
10330subconstitutional 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.
10340subconstitutional 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.
10350subconstitutional 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.
10360subconstitutional 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.
10370Federal 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
10380statutory construction of criminal laws: assault
Note: these codes, by definition exclude the constitutionality of these laws
10390statutory construction of criminal laws: bank robbery
Note: these codes, by definition exclude the constitutionality of these laws
10400statutory construction of criminal laws: conspiracy (cf. subconstitutional fair procedure: conspiracy)
Note: these codes, by definition exclude the constitutionality of these laws
10410statutory construction of criminal laws: escape from custody
Note: these codes, by definition exclude the constitutionality of these laws
10420statutory construction of criminal laws: false statements (cf. statutory construction of criminal laws: perjury)
Note: these codes, by definition exclude the constitutionality of these laws
10430statutory construction of criminal laws: financial (other than in fraud or internal revenue)
Note: these codes, by definition exclude the constitutionality of these laws
10440statutory construction of criminal laws: firearms
Note: these codes, by definition exclude the constitutionality of these laws
10450statutory construction of criminal laws: fraud
Note: these codes, by definition exclude the constitutionality of these laws
10460statutory construction of criminal laws: gambling
Note: these codes, by definition exclude the constitutionality of these laws
10470statutory 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
10480statutory construction of criminal laws: immigration (cf. immigration and naturalization)
Note: these codes, by definition exclude the constitutionality of these laws
10490statutory construction of criminal laws: internal revenue (cf. Federal Taxation)
Note: these codes, by definition exclude the constitutionality of these laws
10500statutory construction of criminal laws: Mann Act and related statutes
Note: these codes, by definition exclude the constitutionality of these laws
10510statutory construction of criminal laws: narcotics includes regulation and prohibition of alcohol
Note: these codes, by definition exclude the constitutionality of these laws
10520statutory construction of criminal laws: obstruction of justice
Note: these codes, by definition exclude the constitutionality of these laws
10530statutory 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
10540statutory construction of criminal laws: Travel Act, 18 USC 1952
Note: these codes, by definition exclude the constitutionality of these laws
10550statutory construction of criminal laws: war crimes
Note: these codes, by definition exclude the constitutionality of these laws
10560statutory construction of criminal laws: sentencing guidelines
Note: these codes, by definition exclude the constitutionality of these laws
10570statutory construction of criminal laws: miscellaneous
Note: these codes, by definition exclude the constitutionality of these laws
10580jury trial (right to, as distinct from extra-legal jury influences)
10590speedy trial
10600miscellaneous criminal procedure (cf. due process, prisoners’ rights, comity: criminal procedure)
20010voting
20020Voting Rights Act of 1965, plus amendments
20030ballot access (of candidates and political parties)
20040desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action)
20050desegregation, schools
20060employment 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.
20070affirmative action
20075slavery or indenture
20080sit-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.
20090reapportionment: other than plans governed by the Voting Rights Act
20100debtors’ rights
20110deportation (cf. immigration and naturalization)
20120employability of aliens (cf. immigration and naturalization)
20130sex discrimination (excluding sex discrimination in employment)
20140sex discrimination in employment (cf. sex discrimination)
20150Indians (other than pertains to state jurisdiction over)
20160Indians, state jurisdiction over
20170juveniles (cf. rights of illegitimates)
20180poverty law, constitutional
Note: typically equal protection challenges over welfare benefits, including pension and medical benefits
20190poverty law, statutory: welfare benefits, typically under some Social Security Act provision.
Note: Excludes rights of illegitimates and rights of handicapped
20200illegitimates, rights of (cf. juveniles): typically inheritance and survivor’s benefits, and paternity suits
20210handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes
20220residency requirements: durational, plus discrimination against nonresidents
20230military: draftee, or person subject to induction
Note: cf. conscientious objectors and comity: military
20240military: active duty
Note: cf. conscientious objectors and comity: military
20250military: veteran
Note: cf. conscientious objectors and comity: military
20260immigration and naturalization: permanent residence
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20270immigration and naturalization: citizenship
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20280immigration and naturalization: loss of citizenship, denaturalization
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20290immigration and naturalization: access to public education
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20300immigration and naturalization: welfare benefits
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20310immigration and naturalization: miscellaneous
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20320indigents: 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.
20330indigents: 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.
20340indigents: 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.
20350indigents: 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.
20360indigents: 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.
20370indigents: 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.
20380indigents: 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.
20390indigents: 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.
20400liability, 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
20410miscellaneous civil rights (cf. comity: civil rights)
30010First Amendment, miscellaneous (cf. comity: First Amendment)
30020commercial speech, excluding attorneys
30030libel, defamation: defamation of public officials and public and private persons
30040libel, privacy: true and false light invasions of privacy
30050legislative investigations: concerning internal security only
30060federal or state internal security legislation: Smith, Internal Security, and related federal statutes
30070loyalty oath or non-Communist affidavit (other than bar applicants, government employees, political party, or teacher)
30080loyalty oath: bar applicants (cf. admission to bar, state or federal or U.S. Supreme Court)
30090loyalty oath: government employees
30100loyalty oath: political party
30110loyalty oath: teachers
30120security risks: denial of benefits or dismissal of employees for reasons other than failure to meet loyalty oath requirements
30130conscientious objectors (cf. military draftee or military active duty) to military service
30140campaign spending (cf. governmental corruption):
Note: financing electoral costs other than as regulated by the Taft-Hartley Act. Typically involves the Federal Election Campaign Act
30150protest demonstrations (other than as pertains to sit-in demonstrations): demonstrations and other forms of protest based on First Amendment guarantees
30160free exercise of religion
30170establishment of religion (other than as pertains to parochiaid:)
30180parochiaid: government aid to religious schools, or religious requirements in public schools
30190obscenity, state (cf. comity: privacy): including the regulation of sexually explicit material under the 21st Amendment
30200obscenity, federal
40010due process: miscellaneous (cf. loyalty oath), the residual code
40020due process: hearing or notice (other than as pertains to government employees or prisoners’ rights)
Note: hearing may be statutorily based
40030due process: hearing, government employees
40040due process: prisoners’ rights and defendants’ rights
40050due process: impartial decision maker
40060due process: jurisdiction (jurisdiction over non-resident litigants)
40070due process: takings clause, or other non-constitutional governmental taking of property
50010privacy (cf. libel, comity: privacy)
50020abortion: including contraceptives
50030right to die
50040Freedom of Information Act and related federal or state statutes or regulations
60010attorneys’ and governmental employees’ or officials’ fees or compensation or licenses
60020commercial speech, attorneys (cf. commercial speech)
60030admission to a state or federal bar, disbarment, and attorney discipline (cf. loyalty oath: bar applicants)
60040admission to, or disbarment from, Bar of the U.S. Supreme Court
70010arbitration (in the context of labor-management or employer-employee relations) (cf. arbitration)
70020union antitrust: legality of anticompetitive union activity
70030union or closed shop: includes agency shop litigation
70040Fair Labor Standards Act
70050Occupational Safety and Health Act
70060union-union member dispute (except as pertains to union or closed shop)
70070labor-management disputes: bargaining
70080labor-management disputes: employee discharge
70090labor-management disputes: distribution of union literature
70100labor-management disputes: representative election
70110labor-management disputes: antistrike injunction
70120labor-management disputes: jurisdictional dispute
70130labor-management disputes: right to organize
70140labor-management disputes: picketing
70150labor-management disputes: secondary activity
70160labor-management disputes: no-strike clause
70170labor-management disputes: union representatives
70180labor-management disputes: union trust funds (cf. ERISA)
70190labor-management disputes: working conditions
70200labor-management disputes: miscellaneous dispute
70210miscellaneous union
80010antitrust (except in the context of mergers and union antitrust)
80020mergers
80030bankruptcy (except in the context of priority of federal fiscal claims)
80040sufficiency of evidence: typically in the context of a jury’s determination of compensation for injury or death
80050election of remedies: legal remedies available to injured persons or things
80060liability, governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action.
80070liability, other than as in sufficiency of evidence, election of remedies, punitive damages
80080liability, punitive damages
80090Employee Retirement Income Security Act (cf. union trust funds)
80100state 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
80105state 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
80110state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation)
80120federal or state regulation of securities
80130natural resources – environmental protection (cf. national supremacy: natural resources, national supremacy: pollution)
80140corruption, governmental or governmental regulation of other than as in campaign spending
80150zoning: constitutionality of such ordinances, or restrictions on owners’ or lessors’ use of real property
80160arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration)
80170federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts
80180patents and copyrights: patent
80190patents and copyrights: copyright
80200patents and copyrights: trademark
80210patents and copyrights: patentability of computer processes
80220federal or state regulation of transportation regulation: railroad
80230federal and some few state regulations of transportation regulation: boat
80240federal and some few state regulation of transportation regulation:truck, or motor carrier
80250federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline)
80260federal and some few state regulation of transportation regulation: airline
80270federal and some few state regulation of public utilities regulation: electric power
80280federal and some few state regulation of public utilities regulation: nuclear power
80290federal and some few state regulation of public utilities regulation: oil producer
80300federal and some few state regulation of public utilities regulation: gas producer
80310federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline)
80320federal and some few state regulation of public utilities regulation: radio and television (cf. cable television)
80330federal and some few state regulation of public utilities regulation: cable television (cf. radio and television)
80340federal and some few state regulations of public utilities regulation: telephone or telegraph company
80350miscellaneous economic regulation
90010comity: 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
90020comity: 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
90030comity: 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
90040comity: 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
90050comity: 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
90060comity: 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
90070comity: 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
90080comity: 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
90090comity 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
90100assessment of costs or damages: as part of a court order
90110Federal 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
90120judicial review of administrative agency’s or administrative official’s actions and procedures
90130mootness (cf. standing to sue: live dispute)
90140venue
90150no merits: writ improvidently granted
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90160no 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.
90170no 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.
90180no merits: adequate non-federal grounds for decision
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90190no 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.
90200no merits: miscellaneous
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90210standing to sue: adversary parties
90220standing to sue: direct injury
90230standing to sue: legal injury
90240standing to sue: personal injury
90250standing to sue: justiciable question
90260standing to sue: live dispute
90270standing to sue: parens patriae standing
90280standing to sue: statutory standing
90290standing to sue: private or implied cause of action
90300standing to sue: taxpayer’s suit
90310standing to sue: miscellaneous
90320judicial 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)
90330judicial administration: jurisdiction or authority of federal courts of appeals
Note: jurisdiction of the federal courts or of the Supreme Court
90340judicial 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
90350judicial 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
90360judicial administration: jurisdiction or authority of the Court of Claims
Note: jurisdiction of the federal courts or of the Supreme Court
90370judicial administration: Supreme Court’s original jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90380judicial administration: review of non-final order
Note: jurisdiction of the federal courts or of the Supreme Court
90390judicial 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
90400judicial 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
90410judicial administration: ancillary or pendent jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90420judicial administration: extraordinary relief (e.g., mandamus, injunction)
Note: jurisdiction of the federal courts or of the Supreme Court
90430judicial administration: certification (cf. objection to reason for denial of certiorari or appeal)
Note: jurisdiction of the federal courts or of the Supreme Court
90440judicial administration: resolution of circuit conflict, or conflict between or among other courts
Note: jurisdiction of the federal courts or of the Supreme Court
90450judicial administration: objection to reason for denial of certiorari or appeal
Note: jurisdiction of the federal courts or of the Supreme Court
90460judicial administration: collateral estoppel or res judicata
Note: jurisdiction of the federal courts or of the Supreme Court
90470judicial administration: interpleader
Note: jurisdiction of the federal courts or of the Supreme Court
90480judicial administration: untimely filing
Note: jurisdiction of the federal courts or of the Supreme Court
90490judicial administration: Act of State doctrine
Note: jurisdiction of the federal courts or of the Supreme Court
90500judicial administration: miscellaneous
Note: jurisdiction of the federal courts or of the Supreme Court
90510Supreme Court’s certiorari, writ of error, or appeals jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90520miscellaneous judicial power, especially diversity jurisdiction
100010federal-state ownership dispute (cf. Submerged Lands Act)
100020federal 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
100030federal 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.
100040Submerged Lands Act (cf. federal-state ownership dispute)
100050national 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.
100060national 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.
100070national 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.
100080national 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.
100090national 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.
100100national 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.
100110national 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.
100120national 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.
100130miscellaneous 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
110010boundary dispute between states
110020non-real property dispute between states
110030miscellaneous interstate relations conflict
110033incorporation of foreign territories
Note: prior to 2014 Release 01, id = 10595
120010federal taxation, typically under provisions of the Internal Revenue Code
Note: except as pertains to federal taxation of gifts or priority of federal fiscal claims
120020federal taxation of gifts, personal, business, or professional expenses
120030priority of federal fiscal claims: over those of the states or private entities
120040miscellaneous federal taxation (cf. national supremacy: state tax)
130010legislative veto
130015executive authority vis-a-vis congress or the states
Note: prior to 2014 Release 01, id = 100035
130020miscellaneous
140010real property
140020personal property
140030contracts
140040evidence
140050civil procedure
140060torts
140070wills and trusts
140080commercial transactions