image image image image
image
Online Code Book Downloadable Code Book Code Repository SCDB Web 101
Online Code Book

Issue
Variable Name
issue
Spaeth Name
ISSUE
Normalizations
278 [ view ]

This variable identifies the issue for each decision. Although criteria for the identification of issues are hard to articulate, the focus here is on the subject matter of the controversy (e.g., sex discrimination, state tax, affirmative action) rather than its legal basis (e.g., the equal protection clause) (see the variable lawType).

This variable identifies issues on the basis of the Court's own statements as to what the case is about. The objective is to categorize the case from a public policy standpoint, a perspective that the legal basis for decision (lawType) commonly disregards.

A few issues pertain only to the heritage (legacy) cases; those decided between 1792 and 1946. These include the private action category, typically common law issues: real property, personal property, contracts, evidence, civil procedure, wills and trusts, and commercial transactions. Others pertain to slavery, land claims (mostly state and territorial), executive authority vis-a-vis congress or the states, and incorporation of foreign territories.

Unlike the lawType variable where the number of legal provisions at issue has no preordained upper bound, each legal provision should not generally have more than a single issue applied to it. A second issue should apply only when a preference for one rather than the other cannot readily be made. Of the many thousand records in the database, few have a legal basis for decision that applies to a second issue. (If you are interested in decisions with more than one issue or legal provision, use one of the datasets organized by issue/legal provision.)

Because the database spans the entire history of the Supreme Court, It is desirable that the list of modern issues be related to those of the eighteenth and nineteenth centuries. Thus, in specifying the issue in a legacy case, the one that best accords with what today's Court would consider it to be is chosen. This produces a bit of tension, most all of which only requires a broadening of the scope of the relevant issues, rather than the creation of new time-specific ones. Thus, although state and local governments were not bound to adhere to the provisions of the Bill of Rights until well after the passage of the Fourteenth Amendment, many cases did arise involving aspects of the First Amendment, search and seizure, notice and hearing, etc. These are treated compatibly with the modern use of the relevant provision of the Bill of Rights.

The same rule applies to statutory issues, such as rules of procedure. Although their legal provision is Supreme Court Rules, they are coded as issues of civil (90110) or criminal (10370) procedure even though they antedate the relevant Rules of Civil and Criminal Procedure.

Prize cases in which vessels on the high seas are captured and brought into American ports and the confiscation acts resulting from the Civil War are treated either as due process takings clause cases (40070) or as cases involving the jurisdiction of the federal courts (90320 or 90330) to decide the legality of the capture or confiscation.

The variable codes some 260 issues, each of which has an identifying number. They are ordered below by their larger issue area: criminal procedure (10010-10600), civil rights (20010-20410), First Amendment (30010-30020), due process (40010-40070), privacy (50010-50040), attorneys (60010-60040), unions (70010-70210), economic activity (80010-80350), judicial power (90010-90520), federalism (100010-100130), interstate relation (110010-110030), federal taxation (120010-120040), miscellaneous (130010-130020), and private law (140010-140080). These comprise the codes for a separate variable, issue Area, that is described immediately following this one.

The scope of these categories is as follows: criminal procedure encompasses the rights of persons accused of crime, except for the due process rights of prisoners (issue 40040).

Civil rights includes non-First Amendment freedom cases which pertain to classifications based on race (including American Indians), age, indigency, voting, residency, military or handicapped status, gender, and alienage. Purists may wish to treat the military issues (20230, 20240, 20250) and Indian cases (20150, 20160) as economic activity, while others may wish to include the privacy category as a subset of civil rights.

First Amendment encompasses the scope of this constitutional provision, but do note that not every case in the First Amendment group directly involves the interpretation and application of a provision of the First Amendment. Some, for example, may only construe a precedent, or the reviewability of a claim based on the First Amendment, or the scope of an administrative rule or regulation that impacts the exercise of First Amendment freedoms. In other words, not every record that displays a First Amendment issue will correspondingly display a provision of the First Amendment in its legal provision variable (lawType).

Due process is limited to non-criminal guarantees and, like First Amendment issues, need not show 207 (Fifth Amendment Due Process) or 230 (Fourteenth Amendment Due Process) in the lawType variable. Some of you may wish to include state court assertion of jurisdiction over nonresident defendants and the takings clause as part of judicial power and economic activity, respectively, rather than due process.

The four issues comprising privacy may be treated as a subset of civil rights.

Because of their peculiar role in the judicial process, a separate attorney category has been created. You may wish to include these issues with economic activity, however.

Unions encompass those issues involving labor union activity. You may wish to redefine this category for yourself or combine it, in whole or in part, with economic activity.

Economic activity is largely commercial and business related; it includes tort actions and employee actions vis-a-vis employers. Issues 80140 (government corruption)and 80150 (zoning) are only tangential to the other issues located in economic activity.

Judicial power concerns the exercise of the judiciary's own power. To the extent that a number of these issues concern federal-state court relationships, you may wish to include them in the federalism category.

Federalism pertains to conflicts and other relationships between the federal government and the states, except for those between the federal and state courts. Interstate relations contain two types of disputes which occur between states.

Federal taxation concerns the Internal Revenue Code and related statutes. Miscellaneous contains two groups of cases that do not fit into any other category.

Private law relates to disputes between private persons involving real and personal property, contracts, evidence, civil procedure, torts, wills and trusts, and commercial transactions. Prior to the passage of the Judges' Bill of 1925 much -- arguably most -- of the Court's cases concerned such issues. The Judges' Bill gave the Court control of its docket, as a result of which such cases have disappeared from the Court's docket in preference to litigation of more general applicability.

If interest lies in a particular issue that has a specific legal or constitutional component, comprehensive coverage may be insured by listing not only the issue(s) that bear thereon, but also the appropriate code(s) from the lawType variable. Thus, if the right to counsel is the focus, issues 10120, 20320, and 20330 will fall within its scope, as will code 214 (Sixth Amendment Right to Counsel) from the lawType variable. Also recognize that the party variables (petitioner, petitionerState, respondent,
respondentState) may also help locate the cases of interest.

Note that jury instructions (10220)need not necessarily occur in the context of criminal action. This is especially so in heritage cases.

Issue 80110 (state regulation of business) also includes that of local governments. These are combined with state regulation because many heritage cases involve both.

Issue 90110 (federal rules of civil procedure) includes Supreme Court Rules, the Federal Rules of Evidence, the Federal Rules of Civil Procedure in civil litigation, Circuit Court Rules, state rules, and admiralty rules.

Natonal supremacy cases, in the context of federal-state conflicts (10050-100120)involve the general welfare, contract, sujpremacy, or interstate commerce causes, or the enforcement clause of the 14th Amendment. These cases are distinguishable from the pre-empton cases (100020 abd 100030) because they have a constitutional basis for decision.
 
Values:
10010 involuntary confession
10020 habeas corpus
10030 plea bargaining: the constitutionality of and/or the circumstances of its exercise
10040 retroactivity (of newly announced or newly enacted constitutional or statutory rights)
10050 search and seizure (other than as pertains to vehicles or Crime Control Act)
10060 search and seizure, vehicles
10070 search and seizure, Crime Control Act
10080 contempt of court or congress
10090 self-incrimination (other than as pertains to Miranda or immunity from prosecution)
10100 Miranda warnings
10110 self-incrimination, immunity from prosecution
10120 right to counsel (cf. indigents appointment of counsel or inadequate representation)
10130 cruel and unusual punishment, death penalty (cf. extra legal jury influence, death penalty)
10140 cruel and unusual punishment, non-death penalty (cf. liability, civil rights acts)
10150 line-up
Note: admissibility into evidence of identification obtained after accused was taken into custody, or after indictment or information
10160 discovery and inspection (in the context of criminal litigation only, otherwise Freedom of Information Act and related federal or state statutes or regulations)
10170 double jeopardy
10180 ex post facto (state)
10190 extra-legal jury influences: miscellaneous
Note: no question regarding the right to a jury trial or to a speedy trial (these belong in jury trial and speedy trial, respectively); the focus, rather, is on the fairness to the accused when jurors are exposed to the influences specified
10200 extra-legal jury influences: prejudicial statements or evidence
10210 extra-legal jury influences: contact with jurors outside courtroom
10220 extra-legal jury influences: jury instructions (not necessarily in criminal cases)
10230 extra-legal jury influences: voir dire (not necessarily a criminal case)
10240 extra-legal jury influences: prison garb or appearance
10250 extra-legal jury influences: jurors and death penalty (cf. cruel and unusual punishment)
10260 extra-legal jury influences: pretrial publicity
10270 confrontation (right to confront accuser, call and cross-examine witnesses)
10280 subconstitutional fair procedure: confession of error
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10290 subconstitutional fair procedure: conspiracy (cf. Federal Rules of Criminal Procedure: conspiracy)
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10300 subconstitutional fair procedure: entrapment
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10310 subconstitutional fair procedure: exhaustion of remedies
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10320 subconstitutional fair procedure: fugitive from justice
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10330 subconstitutional fair procedure: presentation, admissibility, or sufficiency of evidence (not necessarily a criminal case)
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10340 subconstitutional fair procedure: stay of execution
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10350 subconstitutional fair procedure: timeliness
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10360 subconstitutional fair procedure: miscellaneous
Note: nonsubstantive rules and procedures pertaining to the administration of justice that do not rise to the level of a constitutional matter. This is the residual category insofar as criminal procedure is concerned. Note that this issue need not necessarily pertain to a criminal action. If the case involves an indigent, consider indigent categories.
10370 Federal Rules of Criminal Procedure
Note: including application of the Federal Rules of Evidence in criminal proceedings and criminal rules of a court of appeals or state supreme court
10380 statutory construction of criminal laws: assault
Note: these codes, by definition exclude the constitutionality of these laws
10390 statutory construction of criminal laws: bank robbery
Note: these codes, by definition exclude the constitutionality of these laws
10400 statutory construction of criminal laws: conspiracy (cf. subconstitutional fair procedure: conspiracy)
Note: these codes, by definition exclude the constitutionality of these laws
10410 statutory construction of criminal laws: escape from custody
Note: these codes, by definition exclude the constitutionality of these laws
10420 statutory construction of criminal laws: false statements (cf. statutory construction of criminal laws: perjury)
Note: these codes, by definition exclude the constitutionality of these laws
10430 statutory construction of criminal laws: financial (other than in fraud or internal revenue)
Note: these codes, by definition exclude the constitutionality of these laws
10440 statutory construction of criminal laws: firearms
Note: these codes, by definition exclude the constitutionality of these laws
10450 statutory construction of criminal laws: fraud
Note: these codes, by definition exclude the constitutionality of these laws
10460 statutory construction of criminal laws: gambling
Note: these codes, by definition exclude the constitutionality of these laws
10470 statutory construction of criminal laws: Hobbs Act; i.e., 18 USC 1951
Note: these codes, by definition exclude the constitutionality of these laws; not 28 USC 2341, the Administrative Orders Review Act
10480 statutory construction of criminal laws: immigration (cf. immigration and naturalization)
Note: these codes, by definition exclude the constitutionality of these laws
10490 statutory construction of criminal laws: internal revenue (cf. Federal Taxation)
Note: these codes, by definition exclude the constitutionality of these laws
10500 statutory construction of criminal laws: Mann Act and related statutes
Note: these codes, by definition exclude the constitutionality of these laws
10510 statutory construction of criminal laws: narcotics includes regulation and prohibition of alcohol
Note: these codes, by definition exclude the constitutionality of these laws
10520 statutory construction of criminal laws: obstruction of justice
Note: these codes, by definition exclude the constitutionality of these laws
10530 statutory construction of criminal laws: perjury (other than as pertains to statutory construction of criminal laws: false statements)
Note: these codes, by definition exclude the constitutionality of these laws
10540 statutory construction of criminal laws: Travel Act, 18 USC 1952
Note: these codes, by definition exclude the constitutionality of these laws
10550 statutory construction of criminal laws: war crimes
Note: these codes, by definition exclude the constitutionality of these laws
10560 statutory construction of criminal laws: sentencing guidelines
Note: these codes, by definition exclude the constitutionality of these laws
10570 statutory construction of criminal laws: miscellaneous
Note: these codes, by definition exclude the constitutionality of these laws
10580 jury trial (right to, as distinct from extra-legal jury influences)
10590 speedy trial
10595 incorporation of foreign territories
10600 miscellaneous criminal procedure (cf. due process, prisoners' rights, comity: criminal procedure)
20010 voting
20020 Voting Rights Act of 1965, plus amendments
20030 ballot access (of candidates and political parties)
20040 desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action)
20050 desegregation, schools
20060 employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions.
Note: Not alienage, which is employability of aliens, or gender, which is sex discrimination in employment.
20070 affirmative action
20075 slavery or indenture
20080 sit-in demonstrations (protests against racial discrimination in places of public accommodation)
Note: To be sharply distinguished from protests not involving racial discrimination. The latter are coded as protest demonstrations.
20090 reapportionment: other than plans governed by the Voting Rights Act
20100 debtors' rights
20110 deportation (cf. immigration and naturalization)
20120 employability of aliens (cf. immigration and naturalization)
20130 sex discrimination (excluding sex discrimination in employment)
20140 sex discrimination in employment (cf. sex discrimination and employment discrimination)
20150 Indians (other than pertains to state jurisdiction over)
20160 Indians, state jurisdiction over
20170 juveniles (cf. rights of illegitimates)
20180 poverty law, constitutional
Note: typically equal protection challenges over welfare benefits, including pension and medical benefits
20190 poverty law, statutory: welfare benefits, typically under some Social Security Act provision.
Note: Excludes rights of illegitimates and rights of handicapped
20200 illegitimates, rights of (cf. juveniles): typically inheritance and survivor's benefits, and paternity suits
20210 handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes
20220 residency requirements: durational, plus discrimination against nonresidents
20230 military: draftee, or person subject to induction
Note: cf. conscientious objectors and comity: military
20240 military: active duty
Note: cf. conscientious objectors and comity: military
20250 military: veteran
Note: cf. conscientious objectors and comity: military
20260 immigration and naturalization: permanent residence
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20270 immigration and naturalization: citizenship
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20280 immigration and naturalization: loss of citizenship, denaturalization
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20290 immigration and naturalization: access to public education
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20300 immigration and naturalization: welfare benefits
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20310 immigration and naturalization: miscellaneous
Note: cf. statutory construction of criminal laws: immigration, deportation, and employability of aliens
20320 indigents: appointment of counsel (cf. right to counsel)
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20330 indigents: inadequate representation by counsel (cf. right to counsel)
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20340 indigents: payment of fine
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20350 indigents: costs or filing fees
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20360 indigents: U.S. Supreme Court docketing fee
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20370 indigents: transcript
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20380 indigents: assistance of psychiatrist
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20390 indigents: miscellaneous
Note: procedural protections for indigents because of their indigency. Typically in matters pertaining to criminal justice. cf. poverty law, constitutional and poverty law, statutory.
20400 liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty)
Note: tort actions involving liability that are based on a civil rights act
20410 miscellaneous civil rights (cf. comity: civil rights)
30010 First Amendment, miscellaneous (cf. comity: First Amendment)
30020 commercial speech, excluding attorneys
30030 libel, defamation: defamation of public officials and public and private persons
30040 libel, privacy: true and false light invasions of privacy
30050 legislative investigations: concerning internal security only
30060 federal internal security legislation: Smith, Internal Security, and related federal statutes
30070 loyalty oath or non-Communist affidavit (other than bar applicants, government employees, political party, or teacher)
30080 loyalty oath: bar applicants (cf. admission to bar, state or federal or U.S. Supreme Court)
30090 loyalty oath: government employees
30100 loyalty oath: political party
30110 loyalty oath: teachers
30120 security risks: denial of benefits or dismissal of employees for reasons other than failure to meet loyalty oath requirements
30130 conscientious objectors (cf. military draftee or military active duty) to military service
30140 campaign spending (cf. governmental corruption):
Note: financing electoral costs other than as regulated by the Taft-Hartley Act. Typically involves the Federal Election Campaign Act
30150 protest demonstrations (other than as pertains to sit-in demonstrations): demonstrations and other forms of protest based on First Amendment guarantees
30160 free exercise of religion
30170 establishment of religion (other than as pertains to parochiaid:)
30180 parochiaid: government aid to religious schools, or religious requirements in public schools
30190 obscenity, state (cf. comity: privacy): including the regulation of sexually explicit material under the 21st Amendment
30200 obscenity, federal
40010 due process: miscellaneous (cf. loyalty oath), the residual code
40020 due process: hearing or notice (other than as pertains to government employees or prisoners' rights)
Note: hearing may be statutorily based
40030 due process: hearing, government employees
40040 due process: prisoners' rights and defendants' rights
40050 due process: impartial decision maker
40060 due process: jurisdiction (jurisdiction over non-resident litigants)
40070 due process: takings clause, or other non-constitutional governmental taking of property
50010 privacy (cf. libel, comity: privacy)
50020 abortion: including contraceptives
50030 right to die
50040 Freedom of Information Act and related federal or state statutes or regulations
60010 attorneys' and governmental officials' fees or compensation
60020 commercial speech, attorneys (cf. commercial speech)
60030 admission to a state or federal bar, disbarment, and attorney discipline (cf. loyalty oath: bar applicants)
60040 admission to, or disbarment from, Bar of the U.S. Supreme Court
70010 arbitration (in the context of labor-management or employer-employee relations) (cf. arbitration)
70020 union antitrust: legality of anticompetitive union activity
70030 union or closed shop: includes agency shop litigation
70040 Fair Labor Standards Act
70050 Occupational Safety and Health Act
70060 union-union member dispute (except as pertains to union or closed shop)
70070 labor-management disputes: bargaining
70080 labor-management disputes: employee discharge
70090 labor-management disputes: distribution of union literature
70100 labor-management disputes: representative election
70110 labor-management disputes: antistrike injunction
70120 labor-management disputes: jurisdictional dispute
70130 labor-management disputes: right to organize
70140 labor-management disputes: picketing
70150 labor-management disputes: secondary activity
70160 labor-management disputes: no-strike clause
70170 labor-management disputes: union representatives
70180 labor-management disputes: union trust funds (cf. ERISA)
70190 labor-management disputes: working conditions
70200 labor-management disputes: miscellaneous dispute
70210 miscellaneous union
80010 antitrust (except in the context of mergers and union antitrust)
80020 mergers
80030 bankruptcy (except in the context of priority of federal fiscal claims)
80040 sufficiency of evidence: typically in the context of a jury's determination of compensation for injury or death
80050 election of remedies: legal remedies available to injured persons or things
80060 liability, federal governmental: tort or contract actions by or against government or governmental officials other than defense of criminal actions brought under a civil rights action.
80070 liability, other than as in sufficiency of evidence, election of remedies, punitive damages
80080 liability, punitive damages
80090 Employee Retirement Income Security Act (cf. union trust funds)
80100 state or local government tax
Note: those challenged on the basis of the supremacy clause and the 21st Amendment may also locate in national supremacy: intergovernmental tax immunity or national supremacy: state tax
80105 state and territorial land claims
Note: those challenged on the basis of the supremacy clause and the 21st Amendment may also locate in national supremacy: intergovernmental tax immunity or national supremacy: state tax
80110 state or local government regulation, especially of business (cf. federal pre-emption of state court jurisdiction, federal pre-emption of state legislation or regulation)
80120 federal or state regulation of securities
80130 natural resources - environmental protection (cf. national supremacy: natural resources, national supremacy: pollution)
80140 corruption, governmental or governmental regulation of other than as in campaign spending
80150 zoning: constitutionality of such ordinances, or restrictions on owners' or lessors' use of real property
80160 arbitration (other than as pertains to labor-management or employer-employee relations (cf. union arbitration)
80170 federal or state consumer protection: typically under the Truth in Lending; Food, Drug and Cosmetic; and Consumer Protection Credit Acts
80180 patents and copyrights: patent
80190 patents and copyrights: copyright
80200 patents and copyrights: trademark
80210 patents and copyrights: patentability of computer processes
80220 federal or state regulation of transportation regulation: railroad
80230 federal and some few state regulations of transportation regulation: boat
80240 federal and some few state regulation of transportation regulation:truck, or motor carrier
80250 federal and some few state regulation of transportation regulation: pipeline (cf. federal public utilities regulation: gas pipeline)
80260 federal and some few state regulation of transportation regulation: airline
80270 federal and some few state regulation of public utilities regulation: electric power
80280 federal and some few state regulation of public utilities regulation: nuclear power
80290 federal and some few state regulation of public utilities regulation: oil producer
80300 federal and some few state regulation of public utilities regulation: gas producer
80310 federal and some few state regulation of public utilities regulation: gas pipeline (cf. federal transportation regulation: pipeline)
80320 federal and some few state regulation of public utilities regulation: radio and television (cf. cable television)
80330 federal and some few state regulation of public utilities regulation: cable television (cf. radio and television)
80340 federal and some few state regulations of public utilities regulation: telephone or telegraph company
80350 miscellaneous economic regulation
90010 comity, criminal and First Amendment: civil rights
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90020 comity, criminal and First Amendment: criminal procedure
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90030 comity, criminal and First Amendment: First Amendment
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90040 comity, criminal and First Amendment: habeas corpus
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90050 comity, criminal and First Amendment: military
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90060 comity, criminal and First Amendment: obscenity
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90070 comity, criminal and First Amendment: privacy
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90080 comity, criminal and First Amendment: miscellaneous
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90090 comity primarily removal cases, civil procedure (cf. comity, criminal and First Amendment); deference to foreign judicial tribunals
Note: propriety of federal court deference to ongoing state judicial or state or federal quasi-judicial proceedings, the abstention doctrine, exhaustion of state provided remedies
90100 assessment of costs or damages: as part of a court order
90110 Federal Rules of Civil Procedure including Supreme Court Rules, application of the Federal Rules of Evidence, Federal Rules of Appellate Procedure in civil litigation, Circuit Court Rules, and state rules and admiralty rules
90120 judicial review of administrative agency's or administrative official's actions and procedures
90130 mootness (cf. standing to sue: live dispute)
90140 venue
90150 no merits: writ improvidently granted
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90160 no merits: dismissed or affirmed for want of a substantial or properly presented federal question, or a nonsuit
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90170 no merits: dismissed or affirmed for want of jurisdiction (cf. judicial administration: Supreme Court jurisdiction or authority on appeal from federal district courts or courts of appeals)
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90180 no merits: adequate non-federal grounds for decision
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90190 no merits: remand to determine basis of state or federal court decision (cf. judicial administration: state law)
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90200 no merits: miscellaneous
Note: use only if the syllabus or the summary holding specifies one of the following bases.
90210 standing to sue: adversary parties
90220 standing to sue: direct injury
90230 standing to sue: legal injury
90240 standing to sue: personal injury
90250 standing to sue: justiciable question
90260 standing to sue: live dispute
90270 standing to sue: parens patriae standing
90280 standing to sue: statutory standing
90290 standing to sue: private or implied cause of action
90300 standing to sue: taxpayer's suit
90310 standing to sue: miscellaneous
90320 judicial administration: jurisdiction or authority of federal district courts or territorial courts
Note: jurisdiction of the federal courts or of the Supreme Court (cf. no merits: dismissed for want of jurisdiction)
90330 judicial administration: jurisdiction or authority of federal courts of appeals
Note: jurisdiction of the federal courts or of the Supreme Court
90340 judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from federal district courts or courts of appeals (cf. 753)
Note: jurisdiction of the federal courts or of the Supreme Court
90350 judicial administration: Supreme Court jurisdiction or authority on appeal or writ of error, from highest state court
Note: jurisdiction of the federal courts or of the Supreme Court
90360 judicial administration: jurisdiction or authority of the Court of Claims
Note: jurisdiction of the federal courts or of the Supreme Court
90370 judicial administration: Supreme Court's original jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90380 judicial administration: review of non-final order
Note: jurisdiction of the federal courts or of the Supreme Court
90390 judicial administration: change in state law (cf. no merits: remand to determine basis of state court decision)
Note: jurisdiction of the federal courts or of the Supreme Court
90400 judicial administration: federal question (cf. no merits: dismissed for want of a substantial or properly presented federal question)
Note: jurisdiction of the federal courts or of the Supreme Court
90410 judicial administration: ancillary or pendent jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90420 judicial administration: extraordinary relief (e.g., mandamus, injunction)
Note: jurisdiction of the federal courts or of the Supreme Court
90430 judicial administration: certification (cf. objection to reason for denial of certiorari or appeal)
Note: jurisdiction of the federal courts or of the Supreme Court
90440 judicial administration: resolution of circuit conflict, or conflict between or among other courts
Note: jurisdiction of the federal courts or of the Supreme Court
90450 judicial administration: objection to reason for denial of certiorari or appeal
Note: jurisdiction of the federal courts or of the Supreme Court
90460 judicial administration: collateral estoppel or res judicata
Note: jurisdiction of the federal courts or of the Supreme Court
90470 judicial administration: interpleader
Note: jurisdiction of the federal courts or of the Supreme Court
90480 judicial administration: untimely filing
Note: jurisdiction of the federal courts or of the Supreme Court
90490 judicial administration: Act of State doctrine
Note: jurisdiction of the federal courts or of the Supreme Court
90500 judicial administration: miscellaneous
Note: jurisdiction of the federal courts or of the Supreme Court
90510 Supreme Court's certiorari, writ of error, or appeals jurisdiction
Note: jurisdiction of the federal courts or of the Supreme Court
90520 miscellaneous, especially diversity jurisdiction
100010 federal-state ownership dispute (cf. Submerged Lands Act)
100020 federal pre-emption of state court jurisdiction
Note: almost always found in the context of labor union activity. Does not involve constitutional interpretation. Rests rather on a primary jurisdiction rationale
100030 federal pre-emption of state legislation or regulation
Note: cf. state regulation of business. rarely involves union activity. Does not involve constitutional interpretation unless the Court says it does
100035 executive authority vis-a-vis congress or the states
100040 Submerged Lands Act (cf. federal-state ownership dispute)
100050 national supremacy: commodities
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100060 national supremacy: intergovernmental tax immunity
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100070 national supremacy: marital and family relationships and property, including obligation of child support
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100080 national supremacy: natural resources (cf. natural resources - environmental protection)
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100090 national supremacy: pollution, air or water (cf. natural resources - environmental protection)
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100100 national supremacy: public utilities (cf. federal public utilities regulation)
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100110 national supremacy: state tax (cf. state tax)
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100120 national supremacy: miscellaneous
Note: in the context of federal-state conflicts involving the general welfare, supremacy, or interstate commerce clauses, the 11th or 21st Amendments, or the enforcement clause of the 14th Amendment. Distinguishable from federal pre-emption because of a constitutional basis for decision.
100130 miscellaneous federalism
Note: cf. Indians, state jurisdiction over; comity; adequate non-federal grounds for decision; remand to determine basis of state court decision; judicial administration: Supreme Court jurisdiction or authority on appeal from highest state court, change in state law, or ancillary or pendent jurisdiction
110010 boundary dispute between states
110020 non-real property dispute between states
110030 miscellaneous interstate relations conflict
120010 federal taxation, typically under provisions of the Internal Revenue Code
Note: except as pertains to federal taxation of gifts or priority of federal fiscal claims
120020 federal taxation of gifts, personal, business, or professional expenses
120030 priority of federal fiscal claims: over those of the states or private entities
120040 miscellaneous federal taxation (cf. national supremacy: state tax)
130010 legislative veto
130020 miscellaneous
140010 real property
140020 personal property
140030 contracts
140040 evidence
140050 civil procedure
140060 torts
140070 wills and trusts
140080 commercial transactions
Introductory
Identification Variables
Background Variables
Chronological Variables
Substantive Variables
Outcome Variables
Voting & Opinion Variables

  CONTACT   TOP
Online Code Book Downloadable Code Book Code Repository SCDB Web 101
image The Supreme Court Database has been generously supported by the National Science Foundation.
Creative Commons License