HABEAS CORPUS.

Cause-and-prejudice standard-Failure to develop a material fact.—
Cause and prejudice, rather than deliberate bypass, was correct standard
for excusing a habeas petitioner's failure to develop a material fact in
state-court proceedings, where he had little education and almost no
knowledge of English and alleged that his plea of nolo contendere to man-
slaughter had not been knowing because translator had not explained
crime's mens rea. Keeney v. Tamayo-Reyes, p. 1.

HAWAII. See Constitutional Law, VI.

HAZARDOUS WASTE DISPOSAL. See Constitutional Law, III, 1.
HOBBS ACT. See Criminal Law, 3.

HORIZONTAL PRICE FIXING. See Antitrust Acts, 1.

IMMUNITY FROM SUIT. See Civil Rights Act of 1871.

INCOME TAXES. See Taxes, 1.

INDICTMENTS. See Criminal Law, 2.

INDUCEMENT BY PUBLIC OFFICIALS. See Criminal Law, 3.

IN FORMA PAUPERIS.

Dismissal of frivolous actions.-A court's decision to dismiss an in
forma pauperis action under 28 U. S. C. § 1915(d) on grounds that it is
frivolous is discretionary and is properly reviewed for an abuse of that
discretion. Denton v. Hernandez, p. 25.

INJURY IN FACT. See Constitutional Law, I.

INSANITY. See Constitutional Law, IV, 3.

INTERSTATE COMMERCE. See Constitutional Law, III.

JURIES. See Constitutional Law, IV, 1.

JURISDICTION.

1. Diversity of citizenship-Domestic relations exception-Absten-
tion.-Although a domestic relations exception to federal diversity juris-
diction exists as a matter of law, it applies only to cases involving divorce,
alimony, or child support, and, thus, District Court could not use exception
to refuse to exercise jurisdiction over a tort action in which petitioner
alleged that her former spouse had abused their children; nor could court
abstain from entering judgment under abstention doctrine of Younger v.
Harris, 401 U. S. 37. Ankenbrandt v. Richards, p. 689.

2. Federal Sovereign Immunities Act of 1976-Breach of contract
claim.-District Court properly asserted jurisdiction under FSIA over

JURISDICTION-Continued.

breach of contract claim against Argentina for unilaterally changing terms
of repayment on its bonds. Republic of Argentina v. Weltover, Inc.,
p. 607.

KIDNAPING. See Criminal Law, 1.

LANDFILLS. See Constitutional Law, III, 2.

LOUISIANA. See Constitutional Law, IV, 3.

MAIL-ORDER HOUSES. See Constitutional Law, III, 3; IV, 4.

MANSLAUGHTER. See Habeas Corpus.

MATERIAL FACTS. See Habeas Corpus.

MENTAL ILLNESS. See Constitutional Law, IV, 3.

MEXICO. See Criminal Law, 1.

MICHIGAN. See Constitutional Law, III, 2.

MONTANA. See Antitrust Acts, 1; Constitutional Law, V.

MULTISTATE INCOME. See Taxes, 2.

MURDER. See Constitutional Law, II; IV, 1, 2; Criminal Law, 5.
NATIONAL FIREARMS ACT.

Tax on short-barreled rifles-Applicability to pistol kit allowing for
conversion.-Court of Appeals' holding that respondent's pistol and ac-
companying kit-which could be used to convert pistol to a short-barreled
rifle was not a firearm taxable under Act because a short-barreled rifle
must actually be assembled to meet Act's definition of a firearm, is af-
firmed. United States v. Thompson/Center Arms Co., p. 505.

NEVADA. See Constitutional Law, IV, 2.

NEW JERSEY. See Taxes, 2.

NORTH DAKOTA. See Constitutional Law, III, 3; IV, 4.

PENSIONS. See Bankruptcy.

PISTOLS. See National Firearms Act.

POLITICAL SPEECH. See Constitutional Law, VII.

POLLING PLACES. See Constitutional Law, VII.

PRE-EMPTION OF STATE LAW. See Airline Deregulation Act of

PRICE FIXING. See Antitrust Acts, 1.

PUBLIC OFFICIALS. See Criminal Law, 3.

QUALIFIED IMMUNITY FROM SUIT. See Civil Rights Act of 1871.

REDUCTION IN SENTENCES. See Criminal Law, 4.

REPLEVIN. See Civil Rights Act of 1871.

RIFLES. See National Firearms Act.

RIGHT TO VOTE. See Constitutional Law, VI.

SECTION 1983. See Civil Rights Act of 1871.

SENTENCING. See Constitutional Law, II; Criminal Law, 4.
SHERMAN ACT. See Antitrust Acts, 2.

SIXTH AMENDMENT. See Constitutional Law, IV, 2.
SOLICITATION OF VOTES. See Constitutional Law, VII.

SOLID WASTE DISPOSAL. See Constitutional Law, III, 2.

STANDING TO SUE. See Constitutional Law, I.

STATE-ACTION IMMUNITY. See Antitrust Acts, 1.

STATE TAXES. See Constitutional Law, III, 3; IV, 4; Taxes, 2.

STAY OF EXECUTION. See Criminal Law, 5.

STOCKS. See Taxes, 2.

SUBSTANTIAL ASSISTANCE. See Criminal Law, 4.

SUMMARY JUDGMENT. See Antitrust Acts, 2.

TAXES. See also Constitutional Law, III, 3; IV, 4; National Fire-
arms Act.

1. Federal income taxes-Income-Backpay awards.-Backpay awards
in settlement of claims under Title VII of Civil Rights Act of 1964 are not
excludable from gross income as "damages received . . . on account of
personal injuries" under 26 U. S. C. § 104(a)(2). United States v. Burke,
p. 229.

2. State taxes-Nondomiciliary corporation's multistate income.-
Unitary business principle remains an appropriate device for ascertaining
whether a State has transgressed due process and Commerce Clause limi-
tations in taxing a nondomiciliary corporation; and stipulated factual rec-
ord in this case made clear that New Jersey was not permitted to include
gain realized on sale by petitioner nondomiciliary corporation of a New

TAXES-Continued.

Jersey corporation's stock in its apportionable tax base. Allied-Signal,
Inc. v. Director, Division of Taxation, p. 768.

TENNESSEE. See Constitutional Law, VII.

TEXAS. See Airline Deregulation Act of 1978.

TITLE INSURANCE. See Antitrust Acts, 1.
TITLE VII. See Taxes, 1.

TREATIES. See Criminal Law, 1.

TRIAL RIGHTS. See Constitutional Law, IV, 2.
UNITARY BUSINESS PRINCIPLE. See Taxes, 2.
USE TAXES. See Constitutional Law, III, 3; IV, 4.
VENUE. See Constitutional Law, V.

VOIR DIRE. See Constitutional Law, IV, 1.

VOTING. See Constitutional Law, VI; VII.

WASTE DISPOSAL. See Constitutional Law, III.

WISCONSIN. See Antitrust Acts, 1.

WORDS AND PHRASES.

1. "Damages received. . . on account of personal injuries." Internal
Revenue Code, 26 U. S. C. § 104(a)(2). United States v. Burke, p. 229.

2. "If satisfied that the action is frivolous." 28 U. S. C. § 1915(d).
Denton v. Hernandez, p. 25.

3. "Under color of official right." Hobbs Act, 18 U. S. C. § 1951(b)(2).
Evans v. United States, p. 255.

WRITE-IN VOTING. See Constitutional Law, VI.

YOUNGER ABSTENTION DOCTRINE. See Jurisdiction, 1.