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Petitions to Watch | Conference of 2.22.08

The latest edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference of February 22. As always, the list reflects the petitions on the Court’s paid docket that Tom has deemed to have a reasonable chance of being granted.

Issues raised in the current list of petitions include how to calculate attorneys’ fees under the Equal Access to Justice Act, when a trial begins for purposes of seeking an enhanced sentence, what “actual notice” means under Title IX, and whether the IDEA can be enforced through § 1983. For the full list of petitions on our watch list, continue reading after the jump.

Conference of February 22, 2008

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Docket: 07-526
Case name: Carcieri v. Kempthorne
Issue: Whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe’s right to exercise sovereignty over land in the state.

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Docket: 07-542
Case name: Arizona v. Gant
Issue: Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence.

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Docket: 07-547
Case name: Lopez v. Astrue
Issue: Whether, in calculating attorney’s fees under the Equal Access to Justice Act, courts must use the Consumer Price Index for All Urban Consumers.

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Docket: 07-658
Case name: National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission
Issue: Whether FERC violated the 10th Amendment or Federal Power Act in regulating state transmission providers use of state-granted eminent domain authority.

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Docket: 07-684
Case name: Liberty Electric Power v. National Energy & Gas Transmission, Inc.
Issue: Whether, under 502(b)(2) of the Bankruptcy Code, federal courts may rely on equitable principles to reject claims otherwise valid under state law.

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Docket: 07-692
Case name: Dale v. White County, Georgia School District
Issue: Whether, in a Title IX damages action, a plaintiff must show a defendant had notice that the plaintiff’s rights were presently being violated or that there was substantial risk of such a violation.

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Docket: 07-825
Case name: Blanchard v. Morton School District
Issue: Whether the Individuals with Disabilities Education Act can be enforced through 42 U.S.C. § 1983?

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