Schabas CCPR Commentary 3rd|
US Supreme Court, Washington |
||
|
27.03.2002 |
Hoffmann Plastic Compounds v. National Labor Relations Board, Illegal aliens ineligible for back-pay awards or other compensation flowing from employment secured by the use of fraudulently obtained documents |
25 HRLJ 270 (2004) |
|
26.06.2003 |
Lawrence v. Texas, Criminal convictions for adult, consensual private sexual practices common to a homosexual lifestyle / Violation of the due process clause of the Fourteenth Amendment / Bowers decision of 1986 overruled / Explicit reference to the case-law of the European Court of Human Rights |
24 HRLJ 371 (2003) |
|
28.06.2004 |
Rasul et al. v. George W. Bush, Aliens held in military custody at Guantánamo Bay (Cuba) entitled to invoke habeas corpus / U.S. courts have jurisdiction to consider challenges to the legality of the detention at the naval station |
25 HRLJ 112 (2004) |
|
29.06.2006 |
Hamdan v. Rumsfeld, Petitioner Hamdan, Osama bin Laden’s bodyguard and personal driver, detained at Guantánamo Bay, charged for the crime of conspiracy / Military commission convened to try Hamdan fails to comply with the rule of law / Structure and procedure violate both the Code of Military Justice and the Geneva Conventions |
27 HRLJ 225 (2006) |
|
25.03.2008 |
Medellín v. Texas, Domestic effects of an ICJ judgment (Avena and Other Mexican Nationals, 2004) in the United States / U.S. Constitution’s supremacy clause and non-self-executing treaties |
29 HRLJ 141 (2008) |
|
12.06.2008 |
Boumediene et al. v. Bush et al., Alien detainees at Guantánamo entitled to writ of habeas corpus / Detainee Treatment Act 2005 creating the Combatant Status Review Tribunals to determine “enemy combatant” status no adequate and effective substitute for habeas corpus |
29 HRLJ 107 (2008) |
|
21.01.2010 |
Citizens United v. Federal Election Commission, Unconstitutionality of federal law restricting financial contributions of corporations applicable during the 2008 Presidential election campaign / here: intended payment of US$1.2 million to make a film (with a pejorative tenor) available for video-on-demand about then-Senator Hillary Clinton within the last 30 days of the primary election / Scope of the First Amendment (free speech) |
30 HRLJ 341 (2009-2010) |
|
26.03.2012 |
Zivotofsky v. Clinton (No. 10-699), Determination whether an American born in Jerusalem may choose to have Israel listed as his place of birth on his passport / Political question doctrine not implicated |
32 HRLJ 188 (2012) |
|
17.04.2013 |
Kiobel et al. v. Royal Dutch Petroleum Co. et al., Alleged torts on foreign soil (Nigeria) / Alien Tort Statute does not provide for jurisdiction in the U.S. / Presumption against extraterritorial application applies |
33 HRLJ 202 (2013) |
|
08.06.2015 |
Zivotofsky v. Kerry (No. 13-628), Israel as place of birth on passport / Congress cannot command the President |
35 HRLJ 229 (2015) |
|
26.06.2015 |
Obergefell et al., Same-sex couples’ right to marry / “Equal dignity in the eyes of the law” |
35 HRLJ 204 (2015) |
|
09.11.2015 |
Mullenix, Trooper of the Texas Department of Public Safety entitled to qualified immunity after use of deadly force / Shooting at a fugitive rather than waiting for the car driver to hit the spike strips already in place / Fugitive threatened twice during a high speed chase to kill any police officer in his path |
35 HRLJ 435 (2015) |
|
27.06.2016 |
Whole Woman’s Health v. Hellerstedt, Undue burden on abortion access / Two provisions of the Texas House Bill 2, enacted in 2013, place a substantial obstacle in the path of women seeking an abortion of a nonviable fetus / Interpretation of the doctrine of claim preclusion (aspect of res judicata) |
36 HRLJ 167 (2016) |