ABUSE OF WRIT. See Habeas Corpus. ACUTE CARE HOSPITALS. See Labor, 2. ADMIRALTY. Forum-selection clause—Cruise-line tickets. -Court of Appeals erred in refusing to enforce a forum-selection clause contained in form tickets is- sued by petitioner cruise line to respondents. Carnival Cruise Lines, Inc. v. Shute, p. 585. ADMISSION OF EVIDENCE. See Constitutional Law, I, 1; IV. AIR CARRIERS. See Warsaw Convention. AIRLINE PASSENGERS’ INJURIES. See Warsaw Convention. AMERICAN CITIZENS DISCRIMINATED AGAINST IN EMPLOY- MENT ABROAD. See Civil Rights Act of 1964, 1. ANTICOMPETITIVE RESTRAINTS IMPOSED BY GOVERNMENT. See Antitrust Laws. ANTITRUST LAWS. Sherman Act—Application to municipalities—Restriction of billboard construction. —Petitioner city’s restriction of billboard construction is im- mune from federal antitrust liability under Parker v. Brown, 317 U.S. 341, 352, which renders Act inapplicable to anticompetitive restraints im- posed as an act of government; nor is Act applicable to petitioner advertis- er’s activities seeking such anticompetitive action from city; but case is remanded for a determination whether advertiser engaged in private anticompetitive actions or is liable under state law. Columbia v. Omni Outdoor Advertising, Inc., p. 365. ARIZONA. See Constitutional Law, I, 1. ARKANSAS. See Constitutional Law, III. ARTICLE 17. See Warsaw Convention. ASSISTANCE OF COUNSEL. See Habeas Corpus. ATTORNEY’S FEES. See Civil Rights Attorney’s Fees Awards Act of 1976. BACK TO WORK AGREEMENTS. See Labor, 1. 1304 INDEX BANK BOARD FUNCTIONS. See Federal Tort Claims Act. BILLBOARD CONSTRUCTION. See Antitrust Laws. CABLE TELEVISION SERVICES. See Constitutional Law, III. CALIFORNIA. See Constitutional Law, IV. CAPITAL MURDER. See Constitutional Law, I, 1; Stays. CERTIFICATES OF DEPOSIT. See Taxes, 1. CHALLENGING JURORS ON BASIS OF RACE. See Constitutional Law, II. CIVIL RIGHTS ACT OF 1964. 1. Title VII—Extraterritorial application. —Title VII does not apply ex- traterritorially to regulate employment practices of firms employing Amer- ican citizens abroad. EEOC v. Arabian American Oil Co., p. 244. 2. Title VII—Pregnancy discrimination—Fetal-protection policies.— Title VII, as amended by Pregnancy Discrimination Act, forbids sex- specific, fetal-protection policies such as respondent’s exclusion of fertile female employees from certain jobs. Automobile Workers v. Johnson Controls, Inc., p. 187. CIVIL RIGHTS ATTORNEY’S FEES AWARDS ACT OF 1976. 1. Expert witness fees.—Fees for services rendered by experts in civil rights litigation may not be shifted to the losing party as “a reasonable attorney’s fee” under 42 U. S. C. § 1988. West Virginia University Hos- pitals, Inc. v. Casey, p. 83. 2. Pro se litigant.—A pro se litigant who is a lawyer is not entitled to attorney’s fees under 42 U. S. C. §1988. Kay v. Ehrler, p. 432. COLLECTIVE BARGAINING. See Interstate Commerce Act; Labor. CONFESSIONS. See Constitutional Law, I, 1. CONSOLIDATION OF RAILWAYS. See Interstate Commerce Act. CONSTITUTIONAL LAW. See also Copyright. I. Due Process. 1. Coerced confession—Harmless-error analysis.—Arizona Supreme Court properly determined that Fulminante’s murder confession was co- erced; harmless-error analysis of Chapman v. California, 386 U. S. 18, is applicable to admission of involuntary confessions; State failed to meet its burden of establishing that confession’s admission was harmless. Arizona v. Fulminante, p. 279. INDEX CONSTITUTIONAL LAW —Continued. 2. Punitive damages.—A punitive damages award that was more than four times the amount of compensatory damages claimed did not violate Due Process Clause of Fourteenth Amendment. Pacific Mutual Life In- surance Co. v. Haslip, p. 1. II. Equal Protection of the Laws. Race-based exclusion of jurors —Same-race requirement. — Under Equal Protection Clause, a criminal defendant may object to race-based exclusion of jurors through peremptory challenges whether or not defendant and excluded jurors are of same race. Powers v. Ohio, p. 400. III. Freedom of Press. State sales tax—Application to cable and satellite television.—Exten- sion of Arkansas’ generally applicable sales tax to cable and satellite televi- sion services but not to print media does not violate First Amendment; but State Supreme Court must address whether temporary distinction be- tween cable and satellite services violated Equal Protection Clause. Leathers v. Medlock, p. 439. IV. Searches and Seizures. Exclusion of evidence—Seizure of person.—Respondent was not “seized” within meaning of Fourth Amendment when he saw police officer running towards him, and thus cocaine he tossed away while being pursued was not fruit of a seizure and should not have been suppressed. California v. Hodari D., p. 621. CONTRACTS. See Admiralty. COPYRIGHT. Infringement—Telephone directory white pages.—Rural telephone di- rectory’s white pages lack requisite originality for copyright protection, and therefore Feist’s use of them to construct its own directory did not con- stitute infringement. Feist Publications, Inc. v. Rural Telephone Service Co., p. 340. COURTS OF APPEALS. See Federal Courts; Occupational Safety and Health Act of 1970. CRIMINAL LAW. See Constitutional Law, I, 1; II; IV; Stays. CRUISE-LINE TICKETS. See Admiralty. DAMAGES. See Constitutional Law, I, 2. DEDUCTIBLE LOSSES. See Taxes. DEFERENCE TO AGENCY’S REGULATORY INTERPRETATIONS. See Occupational Safety and Health Act of 1970. DE NOVO REVIEW. See Federal Courts. 1306 INDEX DISCRETIONARY FUNCTION EXCEPTION. See Federal Tort Claims Act. DISCRIMINATION IN EMPLOYMENT. See Civil Rights Act of 1964. DISCRIMINATION ON BASIS OF RACE. See Constitutional Law, II. DISCRIMINATION ON BASIS OF SEX. See Civil Rights Act of 1964, 2. DISTRICT COURT DETERMINATIONS OF STATE LAW. See Fed- eral Courts. DIVERSITY JURISDICTION. See Federal Courts. DRUGS. See Constitutional Law, IV. DUE PROCESS. See Constitutional Law, I. DUTY OF FAIR REPRESENTATION. See Labor, 1. EARLY WITHDRAWAL PENALTIES. See Taxes, 1. EMPLOYEE COLLECTIVE-BARGAINING UNITS. See Labor, 2. EMPLOYER AND EMPLOYEES. See Civil Rights Act of 1964; Inter- state Commerce Act; Labor, 1. EMPLOYMENT DISCRIMINATION. See Civil Rights Act of 1964. EQUAL PROTECTION OF THE LAWS. See Constitutional Law, II; III. EVIDENCE. See Constitutional Law, I, 1; IV. EXECUTIONS. See Stays. EXPERT WITNESS FEES. See Civil Rights Attorney’s Fees Awards Act of 1976, 1. EXTRATERRITORIAL APPLICATION OF TITLE VII OF CIVIL RIGHTS ACT OF 1964. See Civil Rights Act of 1964, 1. FAIR REPRESENTATION DUTY. See Labor, 1. FEDERAL COURTS. See also Occupational Safety and Health Act of 1970. Courts of appeals —Diversity jurisdiction—Standard of review for state- law determinations.—Courts of appeals must review de novo district courts’ state-law determinations. Salve Regina College v. Russell, p. 225. INDEX 1307 FEDERAL EMPLOYEES LIABILITY REFORM AND TORT COM- PENSATION ACT OF 1988. Medical malpractice—Immunization of Government employees. —Act, which limits reiief available to persons injured by Government employees acting within scope of their employment, immunizes such employees from liability even when Federal Tort Claims Act precludes recovery from Gov- ernment. United States v. Smith, p. 160. FEDERAL HOME LOAN BANK BOARD. See Federal Tort Claims Act. FEDERAL TAXES. See Taxes. FEDERAL TORT CLAIMS ACT. See also Federal Employees Liabil- ity Reform and Tort Compensation Act of 1988. Discretionary function exception to liability—Actions of Federal Home Loan Bank Board and Federal Home Loan Bank-Dallas.—Discretionary function exception—which covers Government employees’ acts involving an element of judgment or choice if they are based on public policy con- siderations —applied to certain decisions made by FHLBB and FHLB-D when they undertook to advise about and oversee certain aspects of a thrift institution’s operations. United States v. Gaubert, p. 315. FEE SHIFTING. See Civil Rights Attorney’s Fees Awards Act of 1976, 1. FETAL-PROTECTION POLICIES. See Civil Rights Act of 1964, 2. FIFTH AMENDMENT. See Constitutional Law, I, 1. FINANCIAL INSTITUTIONS. See Taxes. FIRST AMENDMENT. See Constitutional Law, III. FORUM-SELECTION CLAUSES. See Admiralty. FOURTEENTH AMENDMENT. See Constitutional Law, I-III. FOURTH AMENDMENT. See Constitutional Law, IV. FREEDOM OF PRESS. See Constitutional Law, III. GEORGIA. See Habeas Corpus. GOVERNMENT EMPLOYEES’ LIABILITY. See Federal Employees Liability Reform and Tort Compensation Act of 1988; Federal Tort Claims Act. GOVERNMENT’S ANTICOMPETITIVE CONDUCT. See Antitrust Laws. GROSS INCOME. See Taxes, 1. 1308 HABEAS CORPUS. Abuse of writ—Failure to raise claim in first petition. —McCleskey’s failure to raise in his first federal habeas petition a claim raised in his sec- ond petition—that his admission to a fellow prisoner that he committed a particular murder was elicited in a situation State created to induce him to make incriminating statements without assistance of counsel—constituted an abuse of writ. McCleskey v. Zant, p. 467. HARMLESS-ERROR ANALYSIS. See Constitutional Law, I, 1. HEALTH AND SAFETY REGULATIONS. See Occupational Safety and Health Act of 1970. HOSPITALS. See Labor, 2. IMMUNITY. See Federal Employees Liability Reform and Tort Com- pensation Act of 1988. INCOME TAXES. See Taxes. INCRIMINATING STATEMENTS. See Habeas Corpus. INFRINGEMENT OF COPYRIGHT. See Copyright. INJURIES TO AIRLINE PASSENGERS. See Warsaw Convention. INTERNAL REVENUE CODE. See Taxes. INTERNATIONAL AIR CARRIERS. See Warsaw Convention. INTERPRETATION OF REGULATIONS. See Occupational Safety and Health Act of 1970. INTERSTATE COMMERCE ACT. Rail carrier consolidation—Exemption from collective-bargaining agreement. —Act’s exemption of rail carriers “from all other law” as neces- sary to carry out a consolidation approved by Interstate Commerce Com- mission includes carrier’s legal obligations under a collective-bargaining agreement. Norfolk & Western R. Co. v. Train Dispatchers, p. 117. INVOLUNTARY CONFESSIONS. See Constitutional Law, I, 1. JURY SELECTION. See Constitutional Law, II. LABOR. See also Interstate Commerce Act. 1. Labor-Management Reporting and Disclosure Act of 1959—Duty of fair representation—Negotiation of back-to-work agreement.—Rule an- nounced in Vaca v. Sipes, 386 U. S. 171, 190—that a union breaches its duty of fair representation if its actions are “arbitrary, discriminatory, or in bad faith” —applies to all union activity, including contract negotiation; a union’s actions are arbitrary only if, in light of factual and legal landscape INDEX 1309 LABOR— Continued. at time of actions, union’s behavior is so far outside a wide range of reason- ableness as to be irrational; here, union’s negotiation of a back-to-work agreement for striking pilots was well within such range. Air Line Pilots v. O'Neill, p. 65. 2. National Labor Relations Act—NLRB ru—lD eefinistio n of collective- bargaining units.—NLRB’s rule providing that only eight defined em- ployee units are appropriate for collective bargaining in acute care hospi- tals is not facially invalid. American Hospital Assn. v. NLRB, p. 606. LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959. See Labor, 1. LAWYERS. See Civil Rights Attorney’s Fees Awards Act of 1976, 2. LOAN INTEREST EXCHANGES. See Taxes. LOSSES. See Taxes. MALPRACTICE. See Federal Employees Liability Reform and Tort Compensation Act of 1988. MENTAL INJURIES. See Warsaw Convention. MERGER OF RAILWAYS. See Interstate Commerce Act. MORTGAGE INTEREST EXCHANGES. See Taxes. MUNICIPALITIES. See Antitrust Laws. MURDER. See Constitutional Law, I, 1; Habeas Corpus; Stays. NATIONAL LABOR RELATIONS ACT. See Labor, 2. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. Regulatory interpretations —Deference where regulatory power divided between two independent administrative actors.—A reviewing court should defer to Secretary of Labor when Secretary and respondent Com- mission furnish reasonable but conflicting interpretations of an ambiguous regulation promulgated by Secretary under Act. Martin v. Occupational Safety and Health Review Comm’n, p. 144. ORIGINALITY AS PREREQUISITE FOR COPYRIGHT PROTEC- TION. See Copyright. PASSENGER INJURIES. See Warsaw Convention. PENALTIES FOR EARLY WITHDRAWAL OF CERTIFICATES OF DEPOSIT. See Taxes, 1. PEREMPTORY CHALLENGES TO JURORS. See Constitutional Law, II. 1310 INDEX PREGNANCY DISCRIMINATION ACT. See Civil Rights Act of 1964, 2. PRESS FREEDOM. See Constitutional Law, III. PRINT MEDIA. See Constitutional Law, III. PRO SE LITIGANT’S ELIGIBILITY FOR ATTORNEY’S FEES. See Civil Rights Attorney’s Fees Awards Act of 1976, 2. PUNITIVE DAMAGES. See Constitutional Law, I, 2. RACE-BASED EXCLUSION OF JURORS. See Constitutional Law, II. RACIAL DISCRIMINATION. See Constitutional Law, II. RAIL CARRIER CONSOLIDATION. See Interstate Commerce Act. REGULATORY INTERPRETATIONS. See Occupational Safety and Health Act of 1970. RESIDENTIAL MORTGAGE INTEREST EXCHANGES. See Taxes, 2. RULEMAKING BY NATIONAL LABOR RELATIONS BOARD. See Labor, 2. SAFETY AND HEALTH REGULATIONS. See Occupational Safety and Health Act of 1970. SALES TAXES. See Constitutional Law, III. SATELLITE TELEVISION SERVICES. See Constitutional Law, III. SAVINGS AND LOAN ASSOCIATIONS. See Federal Tort Claims Act. SEARCHES AND SEIZURES. See Constitutional Law, IV. SECTION 1988. See Civil Rights Attorney’s Fees Awards Act of 1976. SEIZURE OF PERSON. See Constitutional Law, IV. SEX DISCRIMINATION. See Civil Rights Act of 1964, 2. SHERMAN ACT. See Antitrust Laws. STATE-LAW DETERMINATIONS BY FEDERAL COURTS. See Federal Courts. STATE TAXES. See Constitutional Law, III. STAYS. Stay of execution. —JUSTICE SCALIA will, in every capital case on direct review, grant a stay of execution pending disposition of petition for certio- rari, but will not extend time for filing a petition beyond an established execution date. Cole v. Texas, p. 1301 (SCALIA, J., in chambers). INDEX STRIKES. See Labor, 1. SUPPRESSION OF EVIDENCE. See Constitutional Law, IV. TAXES. See also Constitutional Law, III. 1. Federal income taxes—Deductible losses—Mortgage interest ex- changes—Early withdrawal penalties.—Petitioner financial institution realized tax-deductible losses when it exchanged mortgage interests with another lender, since properties exchanged were materially different; penalties collected for premature withdrawal of certificates of deposit were not excludable from gross income. United States v. Centennial Savings Bank FSB, p. 573. 2. Federal income taxes—Deductible losses—Mortgage interest ex- changes. —Petitioner financial institution realized tax-deductible losses when it exchanged interests in residential mortgage loans with other lend- ers, since properties exchanged were materially different. Cottage Sav- ings Assn. v. Commissioner, p. 554. TELEPHONE DIRECTORIES. See Copyright. TEXAS. See Stays. THRIFT INSTITUTIONS. See Federal Tort Claims Act. TITLE VII. See Civil Rights Act of 1964. TORTS. See Federal Employees Liability Reform and Tort Com- pensation Act of 1988; Federal Tort Claims Act; Warsaw Convention. TRAINS. See Interstate Commerce Act. UNIONS. See Interstate Commerce Act; Labor, 1. WARSAW CONVENTION. Article 17—Recovery for mental injuries. — Article 17—which sets forth conditions under which an international air carrier can be held liable for passenger injuries—does not allow recovery for purely mental injuries. Eastern Airlines, Inc. v. Floyd, p. 530. WHITE PAGES. See Copyright. WITHDRAWAL OF CERTIFICATES OF DEPOSIT. See Taxes, 1. WITNESS FEES. See Civil Rights Attorney’s Fees Awards Act of 1976, 1. WORDS AND PHRASES. 1. “Attorney’s fees.” Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S. C. §1988. West Virginia University Hospitals, Inc. v. Casey, p. 83. 1312 INDEX WORDS AND PHRA—S CoEntiSnue d. 2. “From all other laws.” Interstate Commerce Act, 49 U.S.C. §11341(a). Norfolk & Western R. Co. v. Train Dispatchers, p. 117. WRIT OF HABEAS CORPUS. See Habeas Corpus.