The U.S. Supreme Court will not hear an appeal by the Oneida Indian Nation against Oneida and Madison counties and New York state. The high court Monday denied the Oneida's petition for certiorari, although two justices indicated they would have granted the request. The decision upholds an Aug. 9, 2010, ruling by the U.S. Court of Appeals for the Second Circuit dismissing the Nation's claim to 250,000 acres of ancestral land in the Central New York counties of Oneida and Madison and for damages going back to 1846 and earlier, when the lands were conveyed in multiple transactions to the state of New York.
In between hours of oral argument over the federal health care legislation, the justices took the time to deny certiorari in the first of the Florida tobacco suits to reach the U.S. Supreme Court. Florida's individual tobacco suits, known as the Engle litigation, involve separate trials held to determine if a plaintiff was addicted to cigarettes and whether that addiction caused his or her injury.
Springtime brings warmer weather and, of course, the deadline to file real property tax grievances. Now is an opportune time to review a few of the basics of litigating tax certiorari proceedings as well as new developments in the law.
The size of the Supreme Court's discretionary docket has varied considerably over the last fifty years, and that variation has received more attention in both scholarly and journalistic circles in light of declines over the past fifteen years. To understand the sources of such variation, one must account for external and internal influences on the docket. This study shows that the Supreme Court's docket is not influenced by the ideological distance between the Supreme Court and the lower courts, nor is it driven by the internal division within the lower courts. The chief justice, as first among equals, also appears unable to affect the size of the docket. The justices' preferences appear to play the pivotal role in determining the size of the Court's docket. These findings add to the pe...
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