Wednesday, May 31, 2023

GOVT 2305 - Summer 1 - Supreme Court Cases

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Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

- Andy Warhol
- a copyrighted 1981 photograph
- Prince
- Lynn Goldsmith
- “recognizably derived”
- Lawsuit
- the Andy Warhol Foundation
- fair use
- district court
- summary judgment
- “transformed” the original photograph
- giving it a new “meaning and message”
- U.S. Court of Appeals for the Second Circuit
- proper test
- Copyright Act’s fair use doctrine
- “purpose and character”
- commercial use
- copyright infringement
- “Orange Prince”
- narrowness
- stifling creativity 

Axon Enterprise, Inc. v. Federal Trade Commission

- Axon Enterprises
- personal body cameras for law enforcement
- acquired a competitor body camera company
- Vievu
- Federal Trade Commission
- transaction
- antitrust concerns
- administrative proceedings
- lawsuit in federal district court
- Axon’s Fifth Amendment due process rights
- FTC’s structure violates Article II by providing improper insulation from the President
- Axon’s acquisition of Vievu did not violate antitrust law
- district court
- dismissed Axon’s complaint
- statutory scheme
- constitutional challenge
- administrative proceeding
- U.S. Court of Appeals for the Ninth Circuit
- Congress
- barred jurisdiction in federal district court.
- federal courts
- jurisdiction to hear constitutional challenges
- the Federal Trade Commission’s structure, procedure, and existence

Delaware v. Pennsylvania and Wisconsin

- MoneyGram Payments Systems
- headquartered in Delaware
- unclaimed checks
- Pennsylvania and Wisconsin
- “money orders”
- “similar written instruments”
- federal law
- U.S. Supreme Court’s jurisdiction over interstate disputes
- filed the case directly in the Supreme Court
- special master

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Gonzalez v. Google LLC

- Twitter v. Taamneh.
- Nohemi Gonzalez
- U.S. citizen
- terrorist attack
- foreign terrorist organization ISIS
- YouTube video
- Gonzalez’s father
- Google, Twitter, and Facebook
- aided and abetted international terrorism
- allowing ISIS to use its platform
- recruit members, plan terrorist attacks, issue terrorist threats, instill fear, and intimidate civilian - populations
- computer algorithms
- assists ISIS in spreading its message.
- aiding and abetting international terrorism
- failing to take meaningful or aggressive action to prevent terrorists from using its services
- district court
- motion to dismiss the claim
- Section 230
- U.S. Court of Appeals for the Ninth Circuit
- affirmed.
- Section 230(c)(1) of the Communications Decency Act
- immunize interactive computer services
- targeted recommendations of information provided by another information content provider

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National Pork Producers Council v. Ross

- California voters
- Proposition 12
- amends the California Health and Safety Code
- prohibit the sale of pork from animals confined in a manner inconsistent with California standards. - Trade associations
- pork industry
- farmers
- challenged the law
- violating
- the dormant Commerce Clause
- prohibits states from discriminating against interstate commerce
- imposing undue burdens on interstate commerce.
- an impermissible “extraterritorial effect”
- forces all or most hog farmers to comply with the California requirements
- The district court
- failure to state a claim
- U.S. Court of Appeals for the Ninth Circuit
- affirmed


Reed v. Goertz

- Rodney Reed
- sentenced to death in Texas
- rape and murder
- Stacey Stites
- federal post-conviction relief
- execution date
- DNA testing
- state trial court
- declined his request
- federal civil rights lawsuit
- 42 U.S.C. § 1983
 - challenging the constitutionality of the Texas law governing post-conviction DNA testing
- district court
- dismissed his claim
- U.S. Court of Appeals for the Fifth Circuit
- affirmed the dismissal
- state’s two-year statute of limitations for personal injury claims
- as soon as the plaintiff becomes aware that he has suffered an injury

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Sackett v. Environmental Protection Agency

- Environmental Protection Agency
- Michael and Chantall Sackett
- Clean Water Act
- wetlands
- “navigable waters”
 - natural state.
- Litigation
- compliance order.
- The U.S. Court of Appeals for the Ninth Circuit
- moot
- jurisdiction
- binding circuit precedent
- proper test
- “waters of the United States”
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Santos-Zacaria v. Garland

- Leon Santos-Zacaria
- Merrick B. Garland, Attorney General
- native and citizen of Guatemala
- asylum in the United States
- likelihood of persecution
- sexual orientation
- transgender identity
- immigration judge
- claim for relief
- Convention Against Torture
- Board of Immigration Appeals
- a presumption of future persecution
- lack of jurisdiction
- 8 U.S.C. § 1252(d)(1)

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Securities and Exchange Commission v. Cochran

- Securities and Exchange Commission
- United States Court of Appeals for the Fifth Circuit
- enforcement action
- certified public accountant
- federal auditing standards
- SEC administrative law judge
- federal law
- Lucia v. SEC
- officers of the United States under the Appointments Clause
 remanded all pending administrative cases constitutionally appointed ALJ
- filed a lawsuit
- "for-cause" removal protection
- President's Article II removal power
- subject-matter jurisdiction
- Exchange Act
- panel
- en banc

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The Ohio Adjutant General’s Department v. Federal Labor Relations Authority

- The Ohio Adjutant General’s Department
- Federal Labor Relations Authority
- United States Court of Appeals for the Sixth Circuit
- Standard Form 1187
- negotiate in good faith
- “agency”
- “employees”
- Federal Service Labor-Management Relations Statute
- administrative law judge
- three-member FLRA
- petition for review
- jurisdiction to adjudicate
- collective-bargaining dispute
- Civil Service Reform Act of 1978


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Turkiye Halk Bankasi A.S. v. United States

- Turkiye Halk Bankasi
- Government of Turkey
- money-laundering
- U.S. sanctions against Iran
- Foreign Sovereign Immunities Act
- immunity
- exceptions to immunity
- common law