Virginian-Pilot


DATE: Monday, October 6, 1997               TAG: 9710060020
SECTION: FRONT                   PAGE: A4   EDITION: FINAL 

TYPE: Focus 

SOURCE: BY AARON EPSTEIN, KNIGHT-RIDDER NEWSPAPERS 

                                            LENGTH:   77 lines




FOCUS: THE REHNQUIST COURT THE SUPREME COURT IS SLOWLY RESHAPING AMERICAN LAW IN THREE KEY AREAS: RACE, RELIGION AND STATES' RIGHTS.

MEMO: [Complete text of this story can be found on the microfilm for

this date.] ILLUSTRATION: ASSOCIATED PRESS photos

Today, the Supreme Court begins its 12th year under Chief Justice

William Hobbs Rehnquist. By law, each new court term begins the

first Monday in October. Although some say this term's docket is

relatively dull, the justices have yet to choose 40 percent of their

cases.

CASES TO WATCH IN '97 - '98 TERM

KNIGHT-RIDDER NEWSPAPERS

Race - When layoffs become necessary, can employers give

preferred treatment to minorities to preserve racial diversity in

the workplace? A New Jersey school board chose to keep a black

teacher and dismiss a white teacher of equal seniority and

qualifications. A lower court ruled that U.S. civil rights law bars

affirmative action for purposes of diversity.

Same-sex harassment - The nation's judges are split over whether

federal civil rights law prohibits sexual harassment between

employees of the same sex. The Supreme Court will decide whether a

suit can be filed by a man who says he was taunted, touched and

threatened by male co-workers on a Louisiana offshore oil rig.

Money - In a big-stakes struggle for consumers' money, banks are

asking the justices to stunt the rapid growth of tax-exempt federal

credit unions. A lower court ruling would benefit banks by curbing

credit-union membership. But the Clinton administration warns that

the ruling ``threatens nationwide instability and losses, affecting

millions of persons.''

Campaigns - Do minor candidates have a constitutional right to be

included in debates on government-owned broadcasting stations? Yes,

a federal appeals court concluded. But public TV stations, most of

which are operated by state agencies, argue that the First Amendment

protects their editorial judgments.

Lie detector - Lie-detector tests are considered so unreliable

that many state and federal courts do not permit them to be used as

evidence. Does such a ban violate the rights of a criminal defendant

who wants to use polygraph test results to support a claim of

innocence? A military appeals court ruled that a serviceman should

be able to use the test results to defend himself.

Police - About 300 people die each year in high-speed police

chases. In a case arising from one such fatality, the justices may

set a nationwide legal standard for determining when police pursuits

violate an individual's right to life or personal safety. The case

pits states and law enforcement agencies against the parents of a

teen-ager who was killed in a police pursuit.

Product liability - A Michigan judge barred a former employee

from testifying against General Motors. Does that mean people suing

GM in another state couldn't use that witness? A federal appeals

court said yes. In a case of importance to companies and consumer

groups, the justices must decide what ``full faith and credit'' one

state's courts owe to the judicial acts of another.

Gender bias - A child born overseas to an unmarried American

mother and a foreign father can claim U.S. citizenship at any time.

But citizenship is not easily attained for the foreign-born,

illegitimate child whose father is American and whose mother is not.

The justices must decide whether the legal distinction violates the

constitutional guarantee of equal protection of the laws.

Right to lie - When people are questioned in a federal

investigation, are they free to deny misconduct charges without

risking prosecution for lying to the government? Most federal courts

and federal policy say yes, reasoning that people must not be

punished for refusing to admit guilt. Now the Clinton administration

seeks to eliminate what investigators call a ``right to lie.'' KEYWORDS: SUPREME COURT



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