Search : Constitutional Law
Number of summaries found: 7206
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| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Constitutional Law, Ethics & Professional Responsibility, Government Law |
| Title: | Legal Aid Servs. of Or. v. Legal Servs. Corp. |
| Date: | 11/23/09 |
| Case Number: | 08-35467 |
| Summary: | In a First Amendment challenge to restrictions on lobbying, soliciting clients, participating in class actions, and seeking attorneys' fees imposed on legal aid organizations that received federal grants through the Legal Services Corporation, summary judgment for defendants is affirmed where: 1) the regulations did not discriminate against any particular viewpoint or motivating ideology; and 2) plaintiffs' professed fear that their federal funding might be terminated was not sufficient to support an as-applied challenge. |
| Court: | U.S. 6th Circuit Court of Appeals |
| Topic: | Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing |
| Title: | White v. Howes |
| Date: | 11/20/09 |
| Case Number: | 08-1458 |
| Summary: | District court's grant of petition for habeas relief on the ground that the trial court violated the Double Jeopardy Clause by convicting defendant for both the felon in possession statute and the felony firearm statute is reversed as current jurisprudence allows for multiple punishment for the same offense provided the legislature has clearly indicated its intent to so provide and recognizes no exception for necessarily included or overlapping offenses. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Agriculture, Constitutional Law, Food & Beverages, Government Law |
| Title: | Delano Farms Co. v. Cal. Table Grape Comm'n |
| Date: | 11/20/09 |
| Case Number: | 08-16233 |
| Summary: | In a First Amendment challenge to a state statutory scheme requiring grape growers to fund generic advertising, summary judgment for defendant is affirmed where the state agricultural commission's promotional activities constituted government speech that was immune to challenge under the First Amendment. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Administrative Law, Agriculture, Civil Procedure, Constitutional Law, Environmental Law |
| Title: | Levine v. Vilsack |
| Date: | 11/20/09 |
| Case Number: | 08-16441 |
| Summary: | In an action challenging the USDA's enunciation of its position in the Federal Register that there was no specific federal humane handling and slaughter statute for poultry, plaintiffs' appeal is remanded with instructions to dismiss the matter where plaintiffs could not satisfy the redressability requirement for Article III standing because the Humane Methods of Slaughter Act contained no statutory enforcement mechanism. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Constitutional Law, Government Law |
| Title: | Reed v. Gilbert |
| Date: | 11/20/09 |
| Case Number: | 08-17384 |
| Summary: | In a First Amendment challenge to a municipal sign regulation that prohibited all signs without a permit, subject to nineteen enumerated exemptions ranging from directional signs to ideological and political signs, a denial of a preliminary injunction is affirmed in part where the regulation was content-neutral and did not impermissibly favor commercial speech. However, the order is remanded in part where the district court did not address plaintiff's claim that the ordinance unfairly discriminates among forms of noncommercial speech. |
| Court: | U.S. D.C. Circuit Court of Appeals |
| Topic: | Civil Rights, Constitutional Law, Criminal Law & Procedure |
| Title: | Carr v. Dist. of Columbia |
| Date: | 11/20/09 |
| Case Number: | 08-7083 |
| Summary: | In an action alleging that the police unlawfully arrested plaintiffs during a protest, summary judgment for plaintiffs is affirmed in part where the city did not have probable cause to believe that the protesters knew the protest at issue lacked a permit. However, the order is reversed in part where: 1) the city only needed to show that the officers had reasonable grounds to believe that everyone arrested was part of the rioting group; and 2) the city could lawfully complete the mass arrest without first ordering the crowd to disperse and giving plaintiffs an opportunity to comply. |
| Court: | U.S. 1st Circuit Court of Appeals |
| Topic: | Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus |
| Title: | DeBurgo v. Amand |
| Date: | 11/19/09 |
| Case Number: | 09-1145 |
| Summary: | Denial of defendant's request for habeas relief arising from his conviction for armed assault with intent to murder and assault and batter by means of a dangerous weapon is affirmed where: 1) a state appeals court's analysis of the sufficiency of the evidence was not an unreasonable application of the Supreme Court's standard announced in Jackson given the sufficiently suggestive circumstantial evidence presented; and 2) defendant was not deprived of his Sixth Amendment right to an impartial jury. |
| Court: | U.S. 1st Circuit Court of Appeals |
| Topic: | Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Evidence, Injury And Tort Law |
| Title: | Jennings v. Jones |
| Date: | 11/19/09 |
| Case Number: | 08-2117 |
| Summary: | In plaintiff's civil rights case against the state of Rhode Island and a State Police representative and other police officers who had executed a search warrant of his workplace at the Narrangansett Indian Tribe "smoke shop", jury's verdict in favor of defendant in the second trial is affirmed as: 1) there was no abuse of discretion in granting a new trial based on the ground that, even if the jury verdict had unambiguously rested on the increased force theory, that theory would have been contrary to the weight of the evidence; and 2) there was no waiver of the new trial motion by defendant. |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Civil Procedure, Civil Rights, Constitutional Law, Family Law |
| Title: | Perry v. Prop. 8 Official Proponents |
| Date: | 11/19/09 |
| Case Number: | 09-16959 |
| Summary: | In an action challenging the constitutionality of Proposition 8, a California ballot initiative restricting the definition of marriage to the union of a man and a woman, denial of a prospective intervenor's application to intervene is affirmed where the existing parties would adequately represent its interests. |
| Court: | U.S. 7th Circuit Court of Appeals |
| Topic: | Constitutional Law, Criminal Law & Procedure |
| Title: | US v. Skoien |
| Date: | 11/18/09 |
| Case Number: | 08-3770 |
| Summary: | Defendant's conviction for possessing a firearm after having been convicted of a misdemeanor crime of domestic violence in violation of 18 U.S.C. section 922(g)(9) is vacated and remanded where: 1) intermediate scrutiny applies to defendant's Second Amendment challenge to the section 922(g)(9) prosecution; and 2) the government has done almost nothing to discharge the burden of establishing a reasonable fit between the statute's means and its end. |