ADULT BUSINESS LICENSING. See Supreme Court. AIR QUALITY STANDARDS. See Clean Air Act; Constitutional Law, VII. ALABAMA. See Constitutional Law, X; Voting Rights. AMERICANS WITH DISABILITIES ACT OF 1990. See Constitu- tional Law, X. ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996. See Habeas Corpus. APPEALS. See Arbitration, 1. ARBITRATION. 1. Federal Arbitration Act—Appealabfliena l decision—Enforce- ment.—Where, as here, a district court has ordered parties to proceed to arbitration and dismissed all claims before it, its decision is “final” and thus appealable under Act; respondent’s agreement to arbitrate is not unenforceable simply because it says nothing about costs. Green Tree Financial Corp.-Ala. v. Randolph, p. 79. 2. Worker reinstatement—Enforcement.—Public policy considerations do not require courts to refuse to enforce an arbitration award ordering an employer to reinstate a truck driver who twice tested positive for mari- juana. Eastern Associated Coal Corp. v. Mine Workers, p. 57. ASSISTANCE OF COUNSEL. See Constitutional Law, VIII. ATHLETIC ASSOCIATIONS. See Civil Rights Act of 1871. AUTOMOBILE CHECKPOINTS. See Constitutional Law, IX, 1. BALLOT SPECIFICATIONS. See Constitutional Law, III; XI. BANKS. See Taxes, 2. BIRD HABITATS. See Clean Water Act. BONE SCREWS. See Food, Drug, and Cosmetic Act. BUREAU OF PRISONS. See Imprisonment. CALIFORNIA. See Jurisdiction, 1. 1208 INDEX CERTIORARI. See Supreme Court. CHECKPOINT PROGRAMS. See Constitutional Law, IX, 1. CIVIL COMMITMENT. See Constitutional Law, I; V. CIVIL RIGHTS ACT OF 1871. Section 19883—Statewide athletic association’s regulation of high school interscholastic activities—State action.—When a statewide ath- letic association incorporated to regulate interscholastic competition among public and private high schools enforced a rule against a member school, it engaged in state action under 42 U.S.C. §1983. Brentwood Academy v. Tennessee Secondary School Athletic Assn., p. 288. CLAIM PRECLUSION. See Jurisdiction, 1. CLEAN AIR ACT. See also Constitutional Law, VII. Air quality standards—Revised ozone standards.—Environmental Pro- tection Agency may not consider implementation costs in setting ambient air quality standards; its implementation policy for revised ozone stand- ards is unlawful. Whitman v. American Trucking Assns., Inc., p. 457. CLEAN WATER ACT. Intrastate waters—Migratory bird habitat—Solid waste disposal site —Title 33 CFR §328.3(a)(3), as clarified and applied to petitioner’s solid waste disposal site pursuant to a rule protecting migratory bird habi- tat in intrastate waters not adjacent to navigable waters, exceeds author- ity granted to respondents under CWA. Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, p. 159. CONGRESSIONAL TERM LIMITS. See Constitutional Law, III; XI. CONSTITUTIONAL LAW. See also Voting Rights. I. Double Jeopardy. Civil commitment—Sexually violent predator—Where Washington Supreme Court previously found State’s sexually violent predator commit- ment statute to be civil, respondent inmate could not obtain release through an “as applied” challenge on double jeopardy grounds. Seling v. Young, p. 250. II. Due Process. Element of crime—Operating hazardous waste site wi! svut a permit.— Fiore’s conviction for operating a hazardous waste facility without a per- mit, when Pennsylvania concedes that he had a permit, violates due proc- ess because Commonwealth failed to prove a necessary element of crime. Fiore v. White, p. 225. INDEX CONSTITUTIONAL LAW—Continued. III. Elections Clause. Congressional term limits—Ballot specifications.—Article VIII of Mis- souri Constitution—which instructs State’s Congress Members to support a “Congressional Term Limits Amendment” to Federal Constitution and prescribes statements be printed on ballots by names of Members and candidates failing to take or support specified legislative acts in support of such an amendment—is not a permissible regulation of “manner” of electing federal legislators within States’ authority under Elections Clause. Cook v. Gralike, p. 510. IV. Equal Protection of the Laws. Presidential election—Vote recount.—Because it is evident that any re- count seeking to meet 3 U.S.C. §5’s December 12 safe-harbor date for selecting a State’s Presidential electors will be unconstitutional under Equal Protection Clause, Florida Supreme Court’s judgment ordering manual recounts to proceed in 2000 Presidential election is reversed. Bush v. Gore, p. 98. V. Ex Post Facto Laws. Civil commitment—Sexually violent predator—Where Washington Supreme Court had previously found State’s sexually violent predator commitment statute to be civil, respondent inmate could not obtain release through an “as applied” challenge on ex post facto grounds. Seling v. Young, p. 250. VI. Freedom of Speech. Legal Services Corporation Act—Funding restrictions.—A restriction prohibiting LSC Act funding of organizations representing clients seeking to challenge existing welfare law violates First Amendment. Legal Serv- ices Corporation v. Velazquez, p. 533. VII. Legislative Powers. Clean Air Act—Delegation to Environmental Protection Agency.— Section of Clean Air Act—which instructs EPA to set ambient air quality standards—did not delegate legislative power in contravention of Article I, $1. Whitman v. American Trucking Assns., Inc., p. 457. VIII. Right to Counsel. Assistance of counsel—Prejudice standard.—Seventh Circuit erred in ruling that, even if performance of petitioner’s counsel were ineffective, resulting additional 6-to-21-month sentence increase would not constitute prejudice under Strickland v. Washington, 466 U.S. 668. Glover v. United States, p. 198. 1210 INDEX CONSTITUTIONAL LAW—Continued. IX. Searches and Seizures. 1. Highway checkpoints—Drug interdiction.—Because Indianapolis’ highway checkpoint program’s primary purpose to interdict unlawful drugs is indistinguishable from general crime control, its checkpoints vio- late Fourth Amendment. Indianapolis v. Edmond, p. 32. 2. Suspect’s detention while search warrant obtained.—Where officers with probable cause to believe that respondent had hidden marijuana in his home prevented him from entering home for two hours while they obtained a search warrant, seizure of premises was permissible under Fourth Amendment. Illinois v. McArthur, p. 326. X. States’ Immunity from Suit. Americans with Disabilities Act of 1990—Money damages.—Eleventh Amendment bars federal-court suits by state employees to recover dam- ages for a State’s failure to comply with Title Iof ADA. Board of Trust- ees of Univ. of Ala. v. Garrett, p. 356. XI. States’ Powers. Congressional term limits—Ballot specifications.—Article VIII of Mis- souri Constitution—-which instructs State’s Congress Members to support a “Congressional Term Limits Amendment” to Federal Constitution and prescribes statements to be printed on ballots by names of Members and candidates failing to take or support specified legislative acts in support of such an amendment—is not a valid exercise of peoples’ right to instruct their representatives reserved by Tenth Amendment. Cook v. Gralike, p. 510. COOPERATIVE BANKS. See Taxes, 2. CRIMINAL LAW. See also Constitutional Law, IJ; VIII; IX. Mail fraud—State video poker license—False statements.—Title 18 U.S. C. §1841—which proscribes mails’ use in furtherance of “any scheme or artifice to defraud, or for obtaining . . . property by means of... fraudulent . . . representations”—does not reach false statements made in an application for a Louisiana video poker license because such a license does not rank as “property” in official licensor’s hands. Cleveland v. United States, p. 12. DETAINING SUSPECTS. See Constitutional Law, IX, 2. DISCHARGE OF INDEBTEDNESS. See Taxes, 1. DISCRIMINATION BASED ON RACE. See Voting Rights. DISPOSAL OF SOLID WASTE. See Clean Water Act. INDEX DIVERSITY ACTIONS. See Jurisdiction, 1. DOUBLE JEOPARDY. See Constitutional Law, I. DRUGS. See Arbitration, 2; Constitutional Law, IX. DUE PROCESS. See Constitutional Law, II. EARLY RELEASE. See Imprisonment. EFFECTIVE ASSISTANCE OF COUNSEL. See Constitutional Law, VIII. ELECTIONS. See Constitutional Law, III, IV, XI; Jurisdiction, 2. ELECTIONS CLAUSE. See Constitutional Law, III. ELEMENT OF CRIME. See Constitutional Law, II. ELEVENTH AMENDMENT. See Constitutional Law, X. EMPLOYER AND EMPLOYEES. See Arbitration, 2. ENVIRONMENTAL PROTECTION. See Clean Air Act; Constitu- tional Law, VII. EQUAL PROTECTION OF THE LAWS. See Constitutional Law, IV; Voting Rights. EX POST FACTO LAWS. See Constitutional Law, V. FARM CREDIT ACT OF 1933. See Taxes, 2. FEDERAL ARBITRATION ACT. See Arbitration, 1. FEDERAL COMMON LAW. See Jurisdiction, 1. FEDERAL COURTS. See Arbitration. FEDERAL INCOME TAXES. See Taxes, 1. FEDERALLY CHARTERED BANKS. See Taxes, a2. FEDERAL-QUESTION JURISDICTION. See Jurisdiction, 2~- FEDERAL-STATE RELATIONS. See Constitutional Law, III, X; XI; Food, Drug, and Cosmetic Act; Jurisdiction, 1; Limitation Act; Taxes, 2. FINAL DECISION. See Arbitration, 1. FIRST AMENDMENT. See Constitutional Law, VI. FLOOD CONTROL ACT OF 1928. Immunity from suit—Flood water damage.—In determining whether Act’s immunity from damage caused by flood or flood waters attaches to 1212 INDEX FLOOD CONTROL ACT OF 1928—Continued. United States in a particular case, courts should consider character of waters that caused relevant damage and purposes behind their release rather than relation between that damage and a flood control project. Central Green Co. v. United States, p. 425. FLORIDA. See Constitutional Law, IV; Jurisdiction, 2. FOOD, DRUG, AND COSMETIC ACT. State-law fraud on Food and Drug Administration—Pre-emption.— State-law fraud-on-FDA claims brought by persons allegedly injured by orthopedic bone screws conflict with, and are therefore impliedly pre- empted by, federal Act, as amended by Medical Devices Amendments of 1$76. Buckman Co. v. Plaintiffs’ Legal Comm., p. 341. FOURTEENTH AMENDMENT. See Constitutional Law, I; II; IV; Voting Rights. FOURTH AMENDMENT. See Constitutional Law, IX. FRAUD-ON-FOOD-AND-DRUG-ADMINISTRATION CLAIMS. See Food, Drug, and Cosmetic Act. FREEDOM OF SPEECH. See Constitutional Law, VI. GAMBLING. See Criminal Law. HABEAS CORPUS. Antiterrorism and Effective Death Penalty Act of 1996—Limitations period—Procedurally barred claims.—State postconviction relief applica- tion’s inclusion of procedurally barred claims does not render it improperly filed under a provision tolling AEDPA’s limitations period during time that a “properly filed” application for such relief is pending. Artuz v. Bennett, p. 4. HAZARDOUS WASTE FACILITY. See Constitutional Law, II. HIGH SCHOOL ATHLETIC ASSOCIATIONS. See Civil Rights Act of 1871. HIGHWAY CHECKPOINTS. See Constitutional Law, IX, 1. ILLINOIS. See Constitutional Law, IX, 2. IMMUNITY FROM SUIT. See Constitutional Law, X; Flood Control Act of 1928. IMPRISONMENT. Early release—Bureau of Prison regulation.—A BOP regulation deny- ing early release to a prisoner whose offense is a felony attended by carry- INDEX 1218 IMPRISONMENT—Continued. ing, possession, or use of a firearm is a permissible exercise of BOP’s discretion under 18 U.S. C. §3621(e)(2)(B), which authorizes it to reduce prison term of an inmate convicted of a nonviolent felony who has successfully completed a substance abuse program. Lopez v. Davis, p. 230. INCOME TAXES. See Taxes. INDEBTEDNESS DISCHARGE. See Taxes, 1. INDIANA. See Constitutional Law, IX, 1. INTRASTATE WATERS. See Clean Water Act. JUDICIAL REVIEW. See Supreme Court. JURISDICTION. 1. Claim preclusion—Federal common law.—Because claim-preclusive effect of a federal court’s dismissal “upon the merits” of a diversity action on state statute-of-limitations grounds is governed by a federal rule that in turn incorporates claim-preclusion law applied by state courts in State in which federal court sits, a Maryland state court erred in holding that such a dismissal by a California federal court necessarily precluded a Maryland state-court action. Semtek Int’l Inc. v. Lockheed Martin Corp., p. 497. 2. Federal questions—Presidential election—Vote recount.—Because of considerable uncertainty as to precise grounds for Florida Supreme Court’s decision extending State’s deadline for recounts of Presidential votes and directing State’s Secretary of State to accept manual recounts submitted prior to that deadline, this Court declines to review federal questions asserted. Bush v. Palm Beach County Canvassing Bd., p. 70. LEGAL SERVICES CORPORATION ACT. See Constitutional Law, VI. LEGISLATIVE POWERS. See Constitutional Law, VII. LIMITATION ACT. State personal injury claim—Limitation of liability —State courts may entertain a seaman’s personal injury claims against a vessel owner so long as owner’s right to seek limitation of liability in federal court is protected. Lewis v. Lewis & Clark Marine, Inc., p. 438. LIMITATIONS PERIODS. See Habeas Corpus. LOUISIANA. See Criminal Law. MAIL FRAUD. See Criminal Law. 1214 INDEX MARIJUANA. See Arbitration, 2; Constitutional Law, IX, 2. MARITIME LAW. See Limitation Act. MARYLAND. See Jurisdiction, 1. MEDICAL DEVICES AMENDMENTS OF 1976. See Food, Drug, and Cosmetic Act. MIGRATORY BIRD HABITATS. See Clean Water Act. MISSOURI. See Constitutional Law, III; XI; Taxes, 2. NAVIGABLE WATERS. See Clean Water Act. ORTHOPEDIC BONE SCREWS. See Food, Drug, and Cosmetic Act. OZONE STANDARDS. See Clean Air Act; Constitutional Law, VII. PENNSYLVANIA. See Constitutional Law, II. POSTCONVICTION RELIEF. See Habeas Corpus. PRE-EMPTION. See Food, Drug, and Cosmetic Act. PRESIDENTIAL ELECTIONS. See Constitutional Law, IV; Juris- diction, 2. PRISON TERMS. See Imprisonment. PUBLIC POLICY EXCEPTION TO ARBITRATION AWARD EN- FORCEMENT. See Arbitration, 2. RACIAL GERRYMANDERING. See Voting Rights. RECOUNTING VOTES. See Constitutional Law, IV; Jurisdiction, 2. REDISTRICTING. See Voting Rights. REINSTATEMENT OF WORKERS. See Arbitration, 2. RIGHT TO COUNSEL. See Constitutional Law, VIII. SCHOOL ATHLETIC ASSOCIATIONS. See Civil Rights Act of 1871. S CORPORATION STOCK. See Taxes, 1. SEAMEN. See Limitation Act. SEARCHES AND SEIZURES. See Constitutional Law, IX. SENTENCING. See Constitutional Law, VIII. SEXUALLY VIOLENT PREDATORS. See Constitutional Law, I; V. SIXTH AMENDMENT. See Constitutional Law, VIII. INDEX SOLID WASTE DISPOSAL. See Clean Water Act. SOVEREIGN IMMUNITY. See Constitutional Law, X. STANDING. See Voting Rights. STATE ACTION. See Civil Rights Act of 1871. STATE INCOME TAXES. See Taxes, 2. STATES’ IMMUNITY FROM SUIT. See Constitutional Law, X. STATUTES OF LIMITATIONS. See Habeas Corpus. STOCK. See Taxes, 1. SUBSTANCE ABUSE PROGRAMS. See Imprisonment. SUPREME COURT. Dismissal of writ of certiorari.—Because petitioner is not properly sit- uated to raise question on which this Court granted review, petition is dismissed and state court’s judgment is left undisturbed. City News & Novelty, Inc. v. Waukesha, p. 278. SUSPECT DETENTION. See Constitutional Law, [X, 2. TAXES. 1. Federal income taxes—S corporation stock—Increasing bases.—In- ternal Revenue Code permits taxpayers to increase bases in their S corpo- ration stock by amount of corporation’s discharge of indebtedness excluded from gross income; such an increase occurs before taxpayers are required to reduce corporation’s tax attributes. Gitlitz v. Commissioner, p. 206. 2. State income taxes—Federally chartered instrumentality of United States—National Bank for Cooperatives.—Bank for farm cooperatives, which was designated a federally chartered instrumentality of United States under Farm Credit Act of 1933, is subject to state income taxation. Director of Revenue of Mo. v. CoBank ACB, p. 316. TENNESSEE. See Civil Rights Act of 1871. TENTH AMENDMENT. See Constitutional Law, XI. TERM LIMITS. See Constitutional Law, III; XI. TOLLING OF LIMITATIONS PERIODS. See Habeas Corpus. VIDEO POKER LICENSES. See Criminal Law. VIEWPOINT DISCRIMINATION. See Constitutional Law, VI. VOTE RECOUNTS. See Constitutional Law, IV; Jurisdiction, 2~ 1216 VOTING RIGHTS. Standing—Alabama state legislative districts—Appellees’ residence.— Appellees lack standing to challenge their own majority-white voting dis- tricts as products of unconstitutional racial gerrymandering that created bordering majority-minority districts because they cannot show that they were assigned to their districts as a direct result of a racial classification. Sinkfield v. Kelley, p. 28. WASHINGTON. See Constitutional Law, I; V. WASTE DISPOSAL. See Clean Water Act. WELFARE. See Constitutional Law, VI. WISCONSIN. See Supreme Court. WORDS AND PHRASES. 1. “Any scheme or artifice to defraud, or for obtaining . . . property by means of... fraudulent... representations.” 18 U.S.C. §1841. Cleve- land v. United States, p. 12. 2. “Flood or flood waters.” Flood Control Act of 1928, 33 U.S.C. §702c. Central Green Co. v. United States, p. 425. 3. “Navigable waters.” §404(a), Clean Water Act, 33 U.S. C. § 1344(a). Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, p. 159. WORKER REINSTATEMENT. See Arbitration, 2