Chapter
TITLE IX OF THE EDUCATION AMENDMENTS OF 1972
Chapter 2 DAVIS V. UNITED STATES: RETROACTIVITY AND THE GOOD-FAITH EXCEPTION TO THE EXCLUSIONARY RULE*
THE EXCLUSIONARY RULE AND ITS GOOD-FAITH EXCEPTION
Exclusionary Rule and the Retroactivity Doctrine
Exclusionary Rule and the Development of Fourth Amendment Law
Exclusionary Rule and Police Compliance with Appellate Precedent
IMPLICATIONS FOR CONGRESSIONAL ACTION
Chapter 3 WARRANTLESS, POLICE-TRIGGERED EXIGENT SEARCHES: KENTUCKY V. KING IN THE SUPREME COURT*
KING IN THE UNITED STATES SUPREME COURT
Chapter 4 ASHCROFT V. AL-KIDD: OFFICIAL IMMUNITY AND MATERIAL WITNESSES BEFORE THE SUPREME COURT*
Chapter 5 THE CONFRONTATION CLAUSE AFTER MICHIGAN V. BRYANT AND BULLCOMING V. NEW MEXICO*
CRAWFORD V. WASHINGTON:13 TESTIMONIAL VERSUS NONTESTIMONIAL EVIDENCE
RECENT CASES: MICHIGAN V. BYRANT AND BULLCOMING V. NEW MEXICO
Michigan v. Bryant:32 out-of-Court Statements Made to the Police
Excited Utterances versus Dying Declarations
Primary Purpose and Ongoing Emergencies
Bullcoming v. New Mexico:59 Forensic Analysis Reports and the Testimony of Laboratory Analysts
IMPLICATIONS OF BRYANT AND BULLCOMING
Effects on Forensic Analysts, Forensic Laboratories, and DNA Databases
Effects on Law Enforcement and Federal and State Rules of Evidence
Chapter 6 RIEGEL V. MEDTRONIC, INC.: FEDERAL PREEMPTION OF STATE TORT LAW REGARDING MEDICAL DEVICES WITH FDA PREMARKET APPROVAL*
AN OVERVIEW OF FDA PREMARKET NOTIFICATION AND PREMARKET APPROVAL (PMA) OF MEDICAL DEVICES
Premarket Notification (§ 510(k) Submissions)
Federal Preemption of State Law
Arguments for Federal Preemption of State Law Tort Claims with Respect to Devices
Arguments Against Federal Preemption of State Law Tort Claims with Respect to Devices
The FDA’s Position on Preemption in Medical Device Cases
RIEGEL V. MEDTRONIC, INC.
The U.S. Supreme Court Decision
Justice Stevens’s Concurrence
Justice Ginsburg’s Dissent
The FDA and Preemption Cases
Creating a Victim’s Compensation Fund
Future Legislation Referencing a State’s “Requirements” and State Common Law
Chapter 7 THE NATIONAL CHILDHOOD VACCINE INJURY ACT AND PREEMPTION: AN OVERVIEW OF BRUESEWITZ V. WYETH*
BACKGROUND OF BRUESEWITZ V. WYETH
United States District Court and Court of Appeals Decisions
Design Defect Claims (Counts I + III)
Failure-to-Warn Claim (Count II) + Manufacturing Defect (Count IV)
THE SUPREME COURT DECISION IN BRUESEWITZ
Analysis of the Bruesewitz Decision
CONGRESSIONAL LEGISLATION
Chapter 8 THE SUPREME COURT DECISION IN MICROSOFT V. I4I: IMPLICATIONS FOR INNOVATION POLICY*
PATENT SYSTEM FUNDAMENTALS
THE MICROSOFT V. I4I LITIGATION
THE SUPREME COURT OPINION
CONGRESSIONAL ISSUES AND OPTIONS
Chapter 9 DUTY TO DISCLOSE TO SHAREHOLDERS: MATRIXX INITIATIVES V. SIRACUSANO*
Chapter 10 THE SUPREME COURT ALLOWS PRE-ENFORCEMENT REVIEW OF CLEAN WATER ACT SECTION 404 COMPLIANCE ORDERS: SACKETT V. EPA*
FACTS AND LOWER COURT DECISIONS IN SACKETT
SUPREME COURT DECISION IN SACKETT
Chapter 11 OLMSTEAD V. L.C.: JUDICIAL AND LEGISLATIVE DEVELOPMENTS IN THE LAW OF DEINSTITUTIONALIZATION
SELECTED APPELLATE DECISIONS
A Prima Facie Case of Discrimination by Segregation
State Action to Move the Plaintiff into Institutional Care
Use of Disability-Based Criteria
“Qualified” to Receive Community-Based Services
The Availability of the “Fundamental Alteration” Defense
Definition of a ”Comprehensive, Effectively Working Plan”
The Effect of Budget and Fiscal Constraints on Compliance
Definition and Provision of “New” Services
OLMSTEAD AND THE AFFORDABLE CARE ACT OF 2010
Select Supreme Court Decisions: Analyses and Implications
( Laws and Legislation )
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