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•� Blakely v. Washington (2004) held that factors in a criminal case that enhance sentencing penalties beyond statutory maximums must be proved to a jury beyond a reasonable doubt. •� Bond v. United States (2002) held that a federal agent’s “squeeze” of petitioner’s carry-on bag aboard a bus violated the Fourth Amendment’s proscription against unreasonable searches. •� Elk Grove Unified School District v. Newdow (2004) held that California law deprived a father of the right to sue as next friend and that he lacked prudential standing to challenge the school district’s policy in federal court. •� Hamdi v. Rumsfeld (2004) held that, although Congress authorized the detention of combatants in the narrow circumstances alleged in this case, due process demands that a citizen detained in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decision-maker. •� Johnson v. Eisentrager (1950) held that captured German spies during World War II did not have the right of access to U.S. courts and the courts must defer to the executive branch in determining enemy aliens. •� Locke v. Davey (2004) held that the state of Washington’s exclusion of the pursuit of a devotional theology degree from its otherwise-inclusive scholarship aid program does not violate the free-exercise clause of the First Amendment. •� McConnell v. Federal Election Commission (2003) upheld the principal features of the Bipartisan Campaign Reform Act of 2002, which sought to regulate soft money donations and electioneering communications. •� Olympic Airways v. Husain (2004) held that the death of a passenger aboard an airliner who died after being exposed to cigarette smoke constituted an “accident” under the Warsaw Convention and consequently the airline was liable for the death. •� Rasul v. Bush (2004) held that U.S. courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. •� Republic of Austria v. Altmann (2004) held that the Foreign Sovereign Immunities Act applies to conduct, such as the defendant’s alleged expropriation of art works, that occurred prior to the act’s 1976 enactment. •� Tennessee v. Lane (2004) held that Title II of the Americans With Disabilities Act, which ensures a right of access to public places for the disabled, applies to the states.

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