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2001-2002 Preview U.S. Sup. Ct. Cas. 1 (2001-2002)

handle is hein.journals/prvw28 and id is 1 raw text is: Divisin for Public Education COVERING THE COURT'S ENTIRE OCTOBER CALENDAR OF CASES, INCLUDING ... J.E.M. AG SUPPLY ET AL. V. PIONEER HI-BRED INTERNATIONAL Developments in biotechnology have led to extraordinary new crops, including plants with improved yields, nutritional content, and disease tolerance. Other plants possess the ability to detoxify herbicides in the soil and act as edible vaccines. Plant breeders and seed companies rely upon intellectual property law to allow them to appropriate the benefits of their research and development expendi- tures. The law must also account for the community of users, how- ever, achieving a balance between encouraging the labors that lead to innovation and allowing others access to the fruits of those labors. The Supreme Court will determine that balance in this case when it decides whether inventors can obtain utility patents on newly created plants. CHICKASAW NATION ET AL. V. UNITED STATES The Supreme Court has consistently narrowed the scope of tribal jurisdiction in recent years, especially over non-Indians. In 1999, however, the tribes scored a rare victory in Minnesota v. Mille Lacs Band of Chippewa Indians, largely as the result of canons of statutory construction that say ambiguous treaties and statutes should be interpreted in favor of Indian interests. Now the meaning and applicability of a similar canon is at issue in a case that asks whether the Indian Gaming Regulatory Act grants tribal gaming operations the same exemption from federal wagering excise and occupational taxes that similar state gaming operations enjoy. W W W W W 9 W W

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