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Conference Call summarizes the roughly 15 percent of all nonpauper petitions that are the most likely candidates for certiorari. It is prepared by the law firms Akin Gump Strauss Hauer & Feld and Howe & Russell, which together publish the Supreme Court weblog. Tom Goldstein, who is the head of Supreme Court litigation for Akin Gump, selects the petitions from the docket of nonpauper petitions. The firms then prepare the summaries of the cases. If either firm is involved in a case mentioned in this column, that will be disclosed.
Cases up for review at the Feb. 22 conference include the following: • 07-526, Carcieri v. Kempthorne (1st Circuit) Whether the Narragansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the tribe’s right to exercise sovereignty over land in the state. • 07-542, Arizona v. Gant (Supreme Court of Arizona) Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence. • 07-547, Lopez v. Astrue (5th Circuit) Whether, in calculating attorney fees under the Equal Access to Justice Act, courts must use the Consumer Price Index for all urban consumers. • 07-658, National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission (D.C. Circuit) Whether FERC violated the 10th Amendment or Federal Power Act in regulating state transmission providers’ use of state-granted eminent domain authority. • 07-684, Liberty Electric Power v. National Energy & Gas Transmission Inc. (4th Circuit) Whether, under 502(b)(2) of the Bankruptcy Code, federal courts may rely on equitable principles to reject claims otherwise valid under state law. • 07-692, Dale v. White County, Georgia School District (11th Circuit) Whether, in a Title IX damages action, a plaintiff must show a defendant had notice that the plaintiff’s rights were presently being violated or that there was substantial risk of such a violation. • 07-825, Blanchard v. Morton School District (9th Circuit) Whether the Individuals with Disabilities Education Act can be enforced through 42 U.S.C. �1983.

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