CIVIL SERVICE REFORM ACT OF 1978.
Collective bargaining with agency-Employee union representative—
Right to per diem and travel expenses.—Interpretation of § 7131(a) of Act
by Federal Labor Relations Authority-so as to require federal agencies to
pay per diem and travel expenses (in addition to salary) of a Government
employee representing union in collective bargaining with agency-was
improper. Bureau of Alcohol, Tobacco and Firearms v. FLRA, p. 89.
CLEAN AIR ACT. See Collateral Estoppel, 1.
COASTAL ZONE MANAGEMENT ACT. See also Stays, 7.
Sale of Outer Continental Shelf oil and gas leases-Activity "directly
affecting" coastal zone.-Department of Interior's sale of oil and gas leases
located on Outer Continental Shelf beyond States' coastal zones is not an
activity "directly affecting the coastal zone" within meaning of § 307(c)(1)
of Act, and thus a review by Department to determine whether proposed
sale of leases would be consistent with state programs for management of
coastal zone was not required. Secretary of Interior v. California, p. 312.
COLLATERAL ESTOPPEL.
1. Construction of Clean Air Act-Estoppel against Government.-Doc-
trine of mutual defensive collateral estoppel is applicable against United
States to preclude relitigation of same issue already litigated against same
party in another case involving virtually identical facts; thus Government
was collaterally estopped from asserting that private contractors were "au-
thorized representatives" under Clean Air Act for purposes of inspecting
respondent company's premises because of contrary decision in another
case involving same parties. United States v. Stauffer Chemical Co.,
p. 165.
2. Naturalization of aliens-Constitutional issue-Estoppel against
Government.—United States may not be collaterally estopped on an issue
adjudicated against it in an earlier lawsuit brought by a different party;
thus Government was not collaterally estopped from litigating respondent
Filipino national's claim in naturalization proceedings that he had been
denied due process by Government's administration of Nationality Act of
1940 with regard to naturalization of noncitizens who had served in Armed
Forces during World War II, on basis of an earlier unappealed District
Court decision against Government in suit brought by other Filipino
nationals. United States v. Mendoza, p. 154.
COLLECTIVE BARGAINING WITH GOVERNMENT AGENCY.
See Civil Service Reform Act of 1978.
COMMUNICATIONS BETWEEN JUDGE AND JUROR. See Habeas
Corpus, 1.
CONSTITUTIONAL LAW. See also Collateral Estoppel, 2; Habeas
Corpus; Stays, 2.
I. Right of Access to Criminal Trials.
Voir dire examination of jurors—Public proceedings.—Constitutional
guarantees as to fair trial and open public proceedings in criminal trial
cover proceedings for voir dire examination of potential jurors, and pre-
sumption of openness was not rebutted in instant case where state trial
court denied petitioner's motion that voir dire in prosecution for rape and
murder be open to public and press. Press-Enterprise Co. v. Superior
Court of Cal., p. 501.
II. Searches and Seizures.
1. Fire at residence-Search by arson investigators.-Where (1) five
hours after firefighters extinguished fire at respondents' home and left
premises, arson investigators entered house without respondents' consent
or a search warrant, (2) search of basement produced evidence that fire had
been set deliberately, (3) search of upper portions of house revealed addi-
tional evidence of arson, and (4) motion to suppress evidence was denied by
state court prior to respondents' trial on arson charges, Michigan Court of
Appeals' judgment reversing trial court's judgment was, in turn, reversed
insofar as it excluded fuel can found in plain view by firefighters, but was
affirmed insofar as it excluded rest of evidence as product of unconstitu-
tional postfire search of premises. Michigan v. Clifford, p. 287.
2. Subpoena duces tecum-Labor Department investigation.-Where a
Labor Department official, acting pursuant to authority under Fair Labor
Standards Act to subpoena witnesses and documentary evidence relating
to investigations of an employer's compliance with Act, entered appellee
motel and restaurant and served an administrative subpoena duces tecum
on one of appellee's employees, subpoena did not violate Fourth Amend-
ment. Donovan v. Lone Steer, Inc., p. 408.
"CONTINUOUS PHYSICAL PRESENCE" OF ALIEN. See Immi-
gration and Nationality Act.
Contributory infringement-Marketing of video tape recorders. Peti-
tioners' marketing of video tape recorders to general public does not consti-
tute contributory infringement of respondents' copyrighted works broad-
cast on public airwaves. Sony Corp. v. Universal City Studios, Inc.,
p. 417.
CORPORATE SHAREHOLDERS' SUITS. See Investment Company
Act of 1940.
COURTS OF APPEALS. See Jurisdiction.
CRIMINAL LAW. See also Constitutional Law, I; II, 1; Habeas
Corpus; Procedure; Stays, 1-6.
Racketeering-Arson ring-Forfeiture of insurance proceeds.-Insur-
ance proceeds received by petitioner, whose involvement in an arson ring
resulted in his conviction under federal statutes relating to racketeering,
constituted an illegally acquired "interest" within meaning of 18 U. S. C.
§ 1963(a)(1) and were therefore subject to forfeiture. Russello v. United
States, p. 16.
DAMAGES. See Atomic Energy Act of 1954.
DEATH PENALTY. See Habeas Corpus, 2; Stays, 1-6.
DEPORTATION. See Immigration and Nationality Act.
DERIVATIVE ACTIONS BY CORPORATE SHAREHOLDERS. See
Investment Company Act of 1940.
DISCRIMINATION BASED ON SEX. See Jurisdiction.
“DISPLACED PERSON." See Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
DUE PROCESS. See Collateral Estoppel, 2.
EIGHTH AMENDMENT. See Habeas Corpus, 2.
EMPLOYER AND EMPLOYEES. See Civil Service Reform Act of
1978.
ESTOPPEL. See Collateral Estoppel.
FAIR LABOR STANDARDS ACT. See Constitutional Law, II, 2.
"FAIR USE" OF COPYRIGHTED MATERIALS. See Copyrights.
FALSE TAX RETURNS. See Internal Revenue Code, 1.
FEDERAL-AID HIGHWAY ACT OF 1968. See Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
FEDERAL INCOME TAXES. See Internal Revenue Code.
FEDERAL LABOR RELATIONS AUTHORITY. See Civil Service
Reform Act of 1978.
FEDERAL RULES OF CIVIL PROCEDURE. See Investment Com-
pany Act of 1940; Jurors.
FEDERAL-STATE RELATIONS. See Airport Development Accelera-
tion Act of 1973; Atomic Energy Act of 1954; Coastal Zone Manage-
ment Act; Habeas Corpus, 2; Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970.
“FIRE” SEARCHES. See Constitutional Law, II, 1.
FIRST AMENDMENT. See Constitutional Law, I.
FLORIDA. See Habeas Corpus, 2.
FORFEITURES. See Criminal Law.
FOURTEENTH AMENDMENT. See Constitutional Law, II, 1.
FOURTH AMENDMENT. See Constitutional Law, II.
FRAUDULENT TAX RETURNS. See Internal Revenue Code, 1.
GAS DEPLETION ALLOWANCE. See Internal Revenue Code, 2.
GAS LEASES. See Coastal Zone Management Act; Internal Revenue
Code, 2; Stays, 7.
GOVERNMENT EMPLOYEES. See Civil Service Reform Act of
1978.
HABEAS CORPUS. See also Stays, 3, 4.
1. Communications between juror and judge-Harmless error-State-
court findings.-Lower federal courts erred in granting habeas corpus
relief to respondent state prisoner on ground that unrecorded ex parte
communications between a trial judge and a juror could never be harmless
error, and under 28 U. S. C. § 2254(d) should have deferred to presump-
tively correct state-court finding that alleged constitutional violations were
harmless error. Rushen v. Spain, p. 114.
2. State-court death penalty-Federal habeas corpus proceedings.-
Where (1) Florida Supreme Court held that state-court trial judge had not
considered nonstatutory aggravating circumstance of future dangerous-
ness in sentencing respondent to death after conviction for murder, and (2)
Federal District Court, denying habeas corpus relief, held that record did
not support claim that trial judge had improperly considered such ag-
gravating circumstance, Court of Appeals erred in concluding that record
did not support Florida Supreme Court's finding, and in reversing District
Court, since it did not appear that, even if sentencing judge considered im-
proper factor, balancing process of comparing aggravating and mitigating
circumstances, as prescribed by Florida statute, was so infected as to ren-
der death sentence constitutionally impermissible. Wainwright v. Goode,
p. 78.
HAWAII. See Airport Development Acceleration Act of 1973.
HONORARY SOCIETIES' MEMBERSHIP POLICIES.
diction.
HOUSE SEARCHES BY ARSON INVESTIGATORS. See Constitu-
IMMIGRATION AND NATIONALITY ACT.
Suspension of deportation-"Continuous physical presence" require-
ment.-Where respondent illegal alien had left United States for three
months and had then improperly reentered country, she did not meet
7-year "continuous physical presence" requirement of § 244(a)(1) of Act
so as to be eligible to seek suspension of deportation. INS v. Phinpathya,
p. 183.
IMPARTIALITY OF JURORS. See Habeas Corpus, 1.
INCOME TAXES. See Airport Development Acceleration Act of 1973;
Internal Revenue Code.
INFRINGEMENT OF COPYRIGHTS. See Copyrights.
INSPECTION OF PREMISES UNDER CLEAN AIR ACT. See Col-
lateral Estoppel, 1.
INSTRUCTIONS TO JURY. See Procedure.
INSURANCE PROCEEDS FROM ARSON. See Criminal Law.
INTERNAL REVENUE CODE.
1. Fraudulent return-Nonfraudulent amended return-Limitations
period for tax assessment.-Where a taxpayer files a false or fraudulent
return § 6501(c)(1) of Code applies and a tax may be assessed "at any time,"
regardless of whether 3-year limitations period for assessment of income
taxes expired after taxpayer filed a nonfraudulent amended return.
Badaracco v. Commissioner, p. 386.
2. Oil and gas depletion allowance-Independent producers and royalty
owners.-Section 613A of Code, relating to deduction from taxable income
of percentage depletion allowance by independent oil and gas producers
and royalty owners, does not deny allowance for percentage depletion on
advance royalty or lease bonus income altogether; such taxpayers are enti-
tled to allowance at some time during productive life of oil and gas leases.
Commissioner v. Engle, p. 206.
INVESTMENT COMPANY ACT OF 1940.
Shareholder's suit-Fees of company's adviser.-Federal Rule of Civil
Procedure 23.1, which applies to stockholders' "derivative" actions, does
not apply to an action brought by an investment company shareholder
against company and its adviser for breach of fiduciary duty as to adviser's
fees under § 36(b) of Act, and thus plaintiff in such a case need not first
make a demand upon company's directors before bringing suit. Daily
Income Fund, Inc. v. Fox, p. 523.
Court of Appeals-University's assistance of all-male society-
Mootness. Where (1) Secretary of Health, Education, and Welfare noti-
fied a university that it was violating a federal regulation by allowing peti-
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