green
Positive treatment
Issue: Eleventh Amendment immunityNM ↗
Issue: collateral order doctrineNM ↗
Issue: presence hearingVA ↗
Quoted verbatim 1×
4.1 score
“on only one occasion has the supreme court struck down a state statute as violative of the. foreign relations power”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
International Ass'n of Independent Tanker Owners v. Lowry
on only one occasion has the supreme court struck down a state statute as violative of the. foreign relations power
discussed
Cited "see"
Brown v. NEW YORK STATE DEPT. OF CORREC. SERVICES
See Dube v. State Univ. of New York, 900 F.2d 587 , 594-95 (2d Cir.1990) (recognizing that § 1983 does not abrogate the states' Eleventh Amendment immunity), cert. denied, 501 U.S. 1211 , 111 S.Ct. 2814 , 115 L.Ed.2d 986 (1991).
discussed
Cited "see"
Brown v. New York State Department of Correctional Services
See Dube v. State Univ. of New York, 900 F.2d 587 , 594-95 (2d Cir.1990) (recognizing that § 1983 does not abrogate the states’ Eleventh Amendment immunity), cert. denied, 501 U.S. 1211 , 111 S.Ct. 2814 , 115 L.Ed.2d 986 (1991).
discussed
Cited "see"
Andreucci v. City of New Haven
See Dube v. State Univ. of N.Y., 900 F.2d 587 , 599 (2d Cir.1990) (entitlement to consideration of criteria not a protected interest), cert. denied, 501 U.S. 1211 , 111 S.Ct. 2814 , 115 L.Ed.2d 986 (1991); see also Gotlob v. Beyard, 887 F.Supp. 26, 30 (D.Conn.1993) (same).
discussed
Cited "see"
United States v. Thomas J. Curran
See United States v. Wilkinson, 926 F.2d 22, 29 (1st Cir.) (“presentence reports are normally considered reliable sources of information.... [Cjourts can, and do, commonly take as true facts stated in pre-sentence reports when they are not challenged”) (emphasis in original) (citing cases), cert. denied, — U.S. -, 111 S.Ct. 2813 , 115 L.Ed.2d 985 (1991); see also United States v. Zuleta-Alvarez, 922 F.2d 33, 36 (1st Cir.1990) (“The sentencing court is free to rely upon outside evidence, including hearsay evidence that has never been subject to cross-examination.”) (citing cases), cer…
discussed
Cited "see, e.g."
Komlosi v. New York State Office of Mental Retardation & Developmental Disabilities
Loan Corp., 337 U.S. 541, 546-47 , 69 S.Ct. 1221, 1225-26 , 93 L.Ed. 1528 (1949), the Supreme Court has expressly “h[e]ld that States and state entities that claim to be ‘arms of the State’ may take advantage of the collateral order doctrine to appeal a district court order denying a claim of Eleventh Amendment immunity.” Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, — U.S.-,-, 113 S.Ct. 684, 689 , 121 L.Ed.2d 605 (1993); see also Dube v. State Univ., 900 F.2d 587 , 594 (2d Cir.1990) (such an appeal may be taken if issue can be decided as a question of law) (collecting cases)…
discussed
Cited "see, e.g."
Komlosi v. The New York State Office Of Mental Retardation And Developmental Disabilities
Loan Corp., 337 U.S. 541, 546-47 , 69 S.Ct. 1221, 1225-26 , 93 L.Ed. 1528 (1949), the Supreme Court has expressly "h[e]ld that States and state entities that claim to be 'arms of the State' may take advantage of the collateral order doctrine to appeal a district court order denying a claim of Eleventh Amendment immunity." Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, --- U.S. ----, ----, 113 S.Ct. 684, 689 , 121 L.Ed.2d 605 (1993); see also Dube v. State Univ., 900 F.2d 587 , 594 (2d Cir.1990) (such an appeal may be taken if issue can be decided as a question of law) (collecting cases)…
discussed
Cited "see, e.g."
United States v. Cordero Garcia
See United States v. Ruo, 943 F.2d 1274, 1276 (11th Cir.1991); United States v. Gallman, 907 F.2d 639, 643 (7th Cir.1990), cert. denied, 499 U.S. 908 , 111 S.Ct. 1110 , 113 L.Ed.2d 219 (1991); see also United States v. Wilkinson, 926 F.2d 22, 28 (1st Cir.) (“Since the number of felony cases where a defendant lacks counsel must be small ..., a sentencing court may permissibly infer from the record of the conviction that the conviction was not obtained unconstitutionally provided the record contains no reason to believe the contrary.”), cert. denied, 501 U.S. 1211 , 111 S.Ct. 2813 , 115 L.Ed…
Retrieving the full opinion text from the archive…
Bernal-Rodriguez
v.
United States
v.
United States
No. 90-8018.
Supreme Court of the United States.
Jun 10, 1991.
501 U.S. 1211
1991 U.S. LEXIS 3406
Cited by 86 opinions | Published
Citer courts: First Circuit (1) · W.D. Washington (1)
C. A. 9th Cir. Certiorari denied.