ABORTIONS. See Constitutional Law, VII". ADMIRALTY. Tort damages—Defective equipment added after initial sale——Equip- ment added to a ship by an initial user before ship is resold is not part of product that itself caused physical harm, for which no admiralty tort damages can be recovered, but is “other property,” for which such dam- ages can be recovered. Saratoga Fishing Co. v. J. M. Martinac & Co., p. 875. ALABAMA. See Civil Rights Act of 1871, 1; Supreme Court, 7. AMENDMENTS TO FEDERAL ACTS. See False Claims Act. APPEALS. Denial of qualified immunity—Interlocutory appeal.—State officials who are defendants in a state-court action for damages under 42 U.S. C. § 1983 do not have a federal right to an interlocutory appeal from a denial of qualified immunity. Johnson v. Fankell, p. 911. APPOINTMENTS CLAUSE. See Constitutional Law, I. ARIZONA. See Constitutional Law, II. ASSOCIATIONAL RIGHTS. See Constitutional Law, V. BALLOTS FOR ELECTED OFFICES. See Constitutional Law, V. BANKRUPTCY. Chapter 13—“Cram down” option—Value of retained property.—Under $506 of Bankruptcy Code, value of property retained in a Chapter 13 plan because debtor has exercised “cram down” option is collateral’s re- placement, not foreclosure, value. Associates Commercial Corp. v. Rash, p. 953. BENEFIT PLANS. See Employee Retirement Income Security Act of 1974, 2. CABLE TELEVISION CONSUMER PROTECTION AND COMPETI- TION ACT OF 1992. See Constitutional Law, VI. 331 1332 INDEX CANDIDATES FOR PUBLIC OFFICE. See Constitutional Law, sa, 1. CAPITAL MURDER. See Civil Rights Act of 1871, 1; Habeas Cor- pus, 1. CASE OR CONTROVERSY. See Constitutional Law, II. CERTIORARI. See Supreme Court, 5, 6, 7. CHAPTER 13. See Bankruptcy. CHARITABLE ESTATE TAX DEDUCTION. See Taxes, 1. CHILD SUPPORT ENFORCEMENT PROGRAMS. See Social Secu- rity Act. CIVILIAN JUDGES ON MILITARY COURTS. See Constitutional Law, I. CIVIL RIGHTS ACT OF 1871. See also Appeals. 1. Section 19883—County sheriff's wrongdoing—County’s liability.— Monroe County, Alabama, is not liable under 42 U.S.C. §1983 for its sheriff’s alleged wrongdoing in suppressing exculpatory evidence that cleared McMillian of capital murder, because Alabama sheriffs, when executing their law enforcement duties, are policymakers for State, not county. McMillian v. Monroe County, p. 781. 2. Section 198838—Municipal liability—Judgment based on sheriff's hiring decision.—A county is not liable under § 1983 for its sheriff’s iso- lated decision to hire a deputy without adequately screening his criminal record absent a showing that sheriff consciously disregarded a high risk that deputy would use excessive force. Board of Comm’rs of Bryan Cty. v. Brown, p. 397. 3. Section 1983—Prison disciplinary proceeding.—Heck v. Humphrey, 512 U.S. 477, precludes respondent’s claim for declaratory relief and dam- ages—based on allegations that procedures used in his prison discipli- nary proceeding violated due process—from being cognizable under § 1983. Edwards v. Balisok, p. 641. CLASS ACTIONS. See Supreme Court, 7. COAST GUARD COURT OF CRIMINAL APPEALS. See Constitu- tional Law, I. COMMERCE CLAUSE. See Constitutional Law, III. COMMUNITY PROPERTY. See Employee Retirement Income Secu- rity Act of 1974, 3. . INDEX CONCURRENT SENTENCES. See Criminal Law, 1. CONSTITUTIONAL LAW. I. Appointments Clause. Coast Guard Court of Criminal Appeals—Appointment of civilian judges.—Title 49 U.S. C. §323(a) authorizes Secretary of Transportation to appoint civilian judges to Coast Guard Court of Criminal Appeals, and that authorization is constitutional under Appointments Clause. Edmond v. United States, p. 651. II. Case or Controversy. Mootness—State law—English as official language.—Because this case was moot once initiating plaintiff left state employment, Ninth Circuit erred in considering whether Arizona State Constitution, which re- quires state business to be conducted exclusively in English, violates First Amendment’s Free Speech Clause. Arizonans for Official English v. Ari- zona, p. 43. III. Commerce Clause. State property tax—Discrimination against charitable institutions operated principally for nonresidents.—An otherwise generally appli- cable state property tax violates Commerce Clause if its exemption for property owned by charitable institutions excludes organizations operated principally for nonresidents’ benefit. Camps Newfound/Owatonna, Inc. v. Town of Harrison, p. 564. IV. Due Process. 1. Liberty interest—State preparole program—Procedural protec- tions.—Oklahoma’s Preparole Conditional Supervision Program for re- ducing overcrowding in its prisons was sufficiently like parole that a pro- gram participant was entitled to procedural protections of Morrissey v. Brewer, 408 U.S. 471, before he could be removed from program. Young v. Harper, p. 148. 2. Public employee’s suspension—Notice and hearing requirement.— A State does not violate Fourteenth Amendment’s Due Process Clause by failing to provide notice and a hearing before suspending a tenured public employee without pay. Gilbert v. Homar, p. 924. V. Freedom of Association. Elections—Multiple-party candidacies for elected office.—Minnesota laws forbidding an individual from appearing on an electoral ballot as candidate of more than one party, thus prohibiting multiple-party, or fusion, candidacies for elected office, do not violate First and Fourteenth Amendments. Timmons v. Twin Cities Area New Party, p. 351. 1334 INDEX CONSTITUTIONAL LAW—Continued. VI. Freedom of Speech. Cable Television Consumer Protection and Competition Act of 1992— “Must-carry” provisions.—Because record supports Congress’ judgment that Act’s “must-carry” provisions are narrowly tailored to further im- portant Government interests, they satisfy First Amendment. Turner Broadcasting System, Inc. v. FCC, p. 180. VII. Immunity from Suit. Separation of powers—Private action against President—Deferral of litigation.—Constitution does not afford President temporary immu- nity from civil damages litigation arising out of his unofficial conduct be- fore he took office, and separation of powers doctrine does not require federal courts to stay such litigation until President leaves office. Clinton v. Jones, p. 681. VIII. Right to Abortion. 1. Montana parental notification law—Judicial bypass provision.— Ninth Circuit’s holding that Montana’s Parental Notice of Abortion Act is unconstitutional because its judicial bypass provision does not suffi- ciently protect minors’ right to have abortions is in direct conflict with this Court’s precedents. Lambert v. Wicklund, p. 292. 2. Physician-only state law—Preliminary injunction.—Summary re- versal of Ninth Circuit’s decision finding threshold showing for pre- liminary injunction against Montana’s physician-only abortion law is ap- propriate where decision conflicts with this Court’s precedents and law is unenforceable at present. Mazurek v. Armstrong, p. 968. IX. Searches and Seizures. 1. Candidates for state office—Drug tests.—Georgia’s requirement that candidates for state office pass a drug test does not fit within suspicionless searches permitted under Fourth and Fourteenth Amendments. Chand- ler v. Miller, p. 305. 2. Knock and announce requirement—Felony drug investigations.— Fourth Amendment does not permit a blanket exception to “knock and announce” requirement for felony drug investigations, but facts in this case support police officers’ decision not to knock and announce before entering petitioner’s motel room. Richards v. Wisconsin, p. 385. COUNTY SHERIFFS AS POLICYMAKERS. See Civil Rights Act of 1871, 1. “CRAM DOWN” OPTION. See Bankruptcy. INDEX CRIMINAL LAW. See also Constitutional Law, IX, 2; Habeas Cor- pus; United States Sentencing Guidelines. 1. Drug-related firearms use—Mandatory prison term.—Plain lan- guage of 18 U.S.C. §924(c) forbids a federal district court to direct that that section’s mandatory 5-year prison term for drug-related firearms use run concurrently with any other prison term, whether state or federal. United States v. Gonzales, p. 1. 2. Perjury—Materiality.—A trial court’s decision in a perjury case that materiality was an issue for judge, rather than jury, was not a plain error affecting substantial rights that can be noticed under Federal Ruie of Criminal Procedure 52(b) even though no objection has been made. John- son v. United States, p. 461. 3. Plea agreement—Withdrawal before sentencing—Where a federal court accepts a defendant’s guilty plea, pursuant to a plea agreement, but defers decision on whether to accept plea agreement, defendant must have a fair and just reason under Federal Rule of Criminal Procedure 32(e) to withdraw plea before sentencing. United States v. Hyde, p. 670. 4, Sexual assault by state judge—Deprivation of victims’ liberty in- terest.—In reversing a state judge’s 18 U.S. C. $242 convictions for sex- ually assaulting women in violation of their due process right to liberty, Sixth Circuit erred in ruling that such a “right” must first be identified by this Court in a “fundamentally similar” case. United States v. La- nier, p. 259. DEFERRING LITIGATION AGAINST PRESIDENT. See Constitu- tional Law, VII. DEVELOPMENT OF PROPERTY. See Justiciability. DISCRIMINATION AGAINST INTERSTATE COMMERCE. See Con- stitutional Law, III. DISCRIMINATION IN VOTING. See Voting Rights Act of 1965. DIVERSITY SUITS. See Supreme Court, 5. DOCTRINE OF EQUIVALENTS. See Patent Law. DRUG-RELATED CRIMES. See Constitutional Law, IX, 2; United States Sentencing Guidelines. DRUG-RELATED FIREARMS USE. See Criminal Law, 1. DRUG TESTING. See Constitutional Law, IX, 1. DUE PROCESS. See Civil Rights Act of 1871, 3; Constitutional Law, IV; Criminal Law, 4; Habeas Corpus, 2 1336 INDEX ELECTORAL BALLOTS. See Constitutional Law, V. EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. 1. ERISA-funded medical centers—Imposition of state gross receipts tax.—Section 514(a) of ERISA does not preclude New York from impos- ing a tax, called Health Facility Assessment, on ERISA-funded centers. De Buono v. NYSA-ILA Medical and Clinical Services Fund, p. 806. 2. Interference with attainment of rights under plan.—Section 510 of ERISA, which prohibits discharge of a plan participant in order to interfer with attainment of any right to which participant may become entitled under plan, is not limited to interference with vested rights. Inter-Modal Rail Employees Assn. v. Atchison, T. & S. F. R. Co., p. 510. 3. Pre-emption of state law—Testamentary transfer of pension bene- jits—ERISA pre-empts a Louisiana law allowing a nonparticipant spouse to transfer by testamentary instrument a community property interest in undistributed pension plan benefits. Boggs v. Boggs, p. 833. EMPLOYER AND EMPLOYEES. See Constitutional Law, II; IV, 2; Employee Retirement Income Security Act of 1974, 2. ENDANGERED SPECIES ACT OF 1973. Federal reclamation project—Standing to challenge biological opin- ion.—Petitioners, irrigation districts receiving water from a federal rec- lamation project and operators of ranches in those districts, had stand- ing to challenge a biological opinion, issued by Fish and Wildlife Service in accordance with Act, concerning project’s operation and impact on en- dangered fish species. Bennett v. Spear, p. 154. ENGLISH AS OFFICIAL LANGUAGE. See Constitutional Law, II. ENVIRONMENTAL LAW. See Endangered Species Act of 1973. EQUIVALENT PRODUCTS. See Patent Law. ESTATE TAXES. See Taxes, 1. EVIDENCE SUPPRESSION. See Civil Rights Act of 1871, 1. EXCESSIVE FORCE CLAIMS. See Civil Rights Act of 1871, 2. FAIR TRIAL. See Habeas Corpus, 2. FALSE CLAIMS ACT. Retroactive application of amendment.—A 1986 amendment to Act does not apply retroactively to qui tam suits regarding allegedly false claims submitted prior to its enactment. Hughes Aircraft Co. v. United States ex rel. Schumer, p. 939. INDEX FEDERAL QUESTIONS. See Supreme Court, 7. FEDERAL RULES OF BANKRUPTCY PROCEDURE. Amendments to Rules, p. 1285. FEDERAL RULES OF CIVIL PROCEDURE. Amendments to Rules, p. 1305. FEDERAL RULES OF CRIMINAL PROCEDURE. See also Criminal Law, 2, 3. Amendments to Rules, p. 1313. FEDERAL RULES OF EVIDENCE. Amendments to Rules, p. 1323. FEDERAL-STATE RELATIONS. See Appeals; Supreme Court, 5. FEDERAL TAXES. See Taxes, 1. FIREARMS USE. See Criminal Law, 1. FIRST AMENDMENT. See Constitutional Law, II; V; VI. FIRST-DEGREE MURDER. See Habeas Corpus, 1. FISH AND WILDLIFE SERVICE. See Endangered Species Act of 1973. FLORIDA. See Habeas Corpus, 1. FORCIBLE ENTRIES. See Constitutional Law, IX, 2. FORECLOSURE VALUE OF PROPERTY. See Bankruptcy. FOURTEENTH AMENDMENT. See Constitutional Law, IV; V; IX; Criminal Law, 4. FOURTH AMENDMENT. See Constitutional Law, IX. FREEDOM OF ASSOCIATION. See Constitutional Law, V. FREEDOM OF SPEECH. See Constitutional Law, II; VI. FUSION CANDIDACIES FOR ELECTED OFFICE. See Constitu- tional Law, V. GEORGIA. See Constitutional Law, IX, 1. GOVERNMENT EMPLOYER AND EMPLOYEES. See Constitutional Law, II. GROSS RECEIPTS TAXES. See Employee Retirement Income Secu- rity Act of 1974, 1. 1338 INDEX GVR ORDER. See Supreme Court, 5. HABEAS CORPUS. 1. New rule—Capital murder—Sentencing—The rule announced in Espinosa v. Florida, 505 U.S. 1079 (per cuwriam)—that if a sentencing judge in a “weighing” State is required to give deference to a jury’s ad- visory sentencing recommendation, neither jury nor judge is constitution- ally permitted to weigh invalid aggravating cireumstances—is a “new rule” as defined in Teague v. Lane, 489 U. S. 288, and thus, a state prisoner whose first-degree murder conviction became final before Espinosa was decided is foreclosed from relying on that decision in a federal habeas proceeding. Lambrix v. Singletary, p. 518. 2. Rule 6(a)—Good cause—Denial of a fair trial.—Petitioner had good cause, under Habeas Rule 6(a), to conduct discovery to prove that he was denied a fair trial under Due Process Clause by a judge who wanted him convicted to hide fact that judge was taking bribes in other murder cases. Bracy v. Gramley, p. 899. HEALTH FACILITY ASSESSMENT. See Employee Retirement In- come Security Act of 1974, 1. IMMUNITY FROM SUIT. See Appeals; Constitutional Law, VII. INDIAN COURTS. See Jurisdiction. INDIVIDUAL CLAIMS UNDER FEDERAL STATUTES. See Social Security Act. IN FORMA PAUPERIS. See Supreme Court, 6. INFRINGEMENT ON PATENTS. See Patent Law. INJUNCTIONS. See Constitutional Law, VIII, 2. INSTRUMENTALITIES OF UNITED STATES. See Taxes, 2. INTERLOCUTORY APPEALS. See Appeals. INTERSTATE COMMERCE. See Constitutional Law, III. INVENTIONS. See Patent Law. IRRIGATION PROJECTS. See Endangered Species Act of 1973. JONES ACT. Seaman—Painter on a tug.—Record in this case would not permit a reasonable jury to conclude that respondent was a seaman under Jones Act when he was injured while painting one of petitioner’s tugs. Harbor Tug & Barge Co. v. Papai, p. 548. INDEX JUDICIAL BIAS. See Habeas Corpus, 2. JUDICIAL BYPASS OF PARENTAL NOTIFICATION LAWS. See Con- stitutional Law, VIII, 1. JURISDICTION. Tribal courts—Personal injury actions—Defendants are not tribal members.—When an accident occurs on a public highway maintained by a State under a federally granted right-of-way over Indian reservation land, a tort suit against allegedly negligent nonmembers may not be brought in tribal court absent congressional authorization. Strate v. A-1 Contractors, p. 438. JUSTICIABILITY. See also Constitutional Law, II. Ripeness for adjudication—Regulatory taking of property.—Petition- er’s claim—that respondent land use agency’s denial of her request to build on her lot constitutes a taking of land without just compensation—is ripe for adjudication despite her failure to try to sell development rights that run with land. Suitum v. Tahoe Regional Planning Agency, p. 725. KNOCK AND ANNOUNCE RULE. See Constitutional Law, IX, 2. LIBERTY INTEREST. See Constitutional Law, IV, 1; Criminal Law, 4. LOUISIANA. See Employee Retirement Income Security Act of 1974, 3. MARITAL ESTATE TAX DEDUCTION. See Taxes, 1. MARITIME EMPLOYEE. See Jones Act. MARYLAND. See Supreme Court, 5. MAXIMUM TERM OF IMPRISONMENT. See United States Sen- tencing Guidelines. MEDICAL CENTERS. See Employee Retirement Income Security Act of 1974, 1. MINNESOTA. See Constitutional Law, V. MISSISSIPPI. See Voting Rights Act of 1965, 1. MONTANA. See Constitutional Law, VIII. MOOTNESS. See Constitutional Law, II. MULTIPLE-PARTY CANDIDACIES FOR ELECTED OFFICE. See Constitutional Law, V. 1340 INDEX MUNICIPALITY LIABILITY. See Civil Rights Act of 1871, 2. MURDER. See Civil Rights Act of 1871, 1; Habeas Corpus. MUST-CARRY REQUIREMENTS FOR CABLE TELEVISION. See Constitutional Law, VI. NEW RULES. See Habeas Corpus, 1. NEW YORK. See Employee Retirement Income Security Act of 1974, 1. OKLAHOMA. See Constitutional Law, IV, 1. PARENTAL NOTICE OF ABORTION ACT. See Constitutional Law, ¥ii, i. PARENTS AND CHILDREN. See Constitutional Law, VIII, 1; Social Security Act. PAROLE. See Constitutional Law, IV, 1. PATENT LAW. Infringement—“Doctrine of equivalents.”—Doctrine—under which a product or process that does not literally infringe upon a patent claim’s express terms may be found to infringe if there is equivalence between elements of accused product or process and claimed elements of patented invention—is affirmed substantially as it was set out in Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605. Warner-Jenkinson Co. v. Hilton Davis Chemical Co., p. 17. PENSION BENEFITS. See Employee Retirement Income Security Act of 1974, 2, 3. PERJURY. See Criminal Law, 2. PERSONAL INJURY LAWSUITS. See Jurisdiction. PHYSICIAN-ONLY ABORTION LAWS. See Constitutional Law, VIII, 2. PLAIN ERROR. See Criminal Law, 2. PLEA AGREEMENTS. See Criminal Law, 3. POLICYMAKERS. See Civil Rights Act of 1871, 1. PRECLEARANCE OF VOTING CHANGES. See Voting Rights Act of 1965. PRE-EMPTION OF STATE LAW. See Employee Retirement Income Security Act of 1974, 3.