Judicial Ethics: June 2009 Archives

Republic of Iraq v. Beaty - in a unanimous decision, authored by Justice Scalia, the Court holds that Americans do not have a right to sue the present government of Iraq for torture and other abuse that took place under the regime of Saddam Hussein.

Boyle v. United States - in a 7-2 decision, authored by Justice Alito, the Court defined the term "enterprise" for federal RICO statutes as the term applies to organizations that are not formal.  RICO does not apply to a loose group of criminal suspects who engage in crime together, but does apply to persons who work together in a "structure" - they have a purpose, relationship with each other, and they operate long enough to permit the pursuit of the group's purpose.

United States v. Denedo - in a 5-4 decision, authored by Justice Kennedy, the Court holds that a military court conviction that has become final can be challenged in appeal within the military judicial system by a former member of the service.

Caperton v. A.T. Massey Coal - in a 5-4 decision, authored by Justice Kennedy, the Court holds that it was unconstitutional for a state supreme court justice to sit on a case involving the financial interests of a major donor to the judge's election campaign.  The Court found the contributions to be extreme.  The donor had contributed $3 million to the justice, at a time when his company was appealing a $50 million judgment.  The $3 million exceeded the contributions of all other donors combined.  The Court finds that under these circumstances, the Due Process rights of the opposing parties were violated. 

United States ex rel. Eisenstein v. New York City - in a unanimous decision, authored by Justice Thomas, the Court holds that after a federal judge rules on a private individual's claim to recover misspent federal funds, in a case in which the US government does not participate, that individual has 30 days to file an appeal.


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This page is a archive of entries in the Judicial Ethics category from June 2009.

Judicial Ethics: October 2008 is the previous archive.

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