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Paulson v. Abdelnour (San Diegans for the Mt. Soledad National War Memorial)
Municipal donation of land, with cross-shaped war memorial erected upon it, to federal government is not unconstitutional.
Constitutional Law Jan. 10, 2007
Farm Raised Salmon Cases
In case where plaintiffs alleged failure to disclose artificial coloring of salmon, demurrer is properly sustained based on pre-emption.
Constitutional Law Jan. 10, 2007
Fleck and Associates Inc. v. City of Phoenix
Because corporations do not have privacy rights, corporation may not assert right to privacy claims for itself or on behalf of its customers.
Constitutional Law Jan. 8, 2007
The U.D. Registry Inc. v. State
Although 'Security Freeze' law failed 'as-applied' challenge, there are conceivable circumstances where it may still constitutionally apply, thus it is upheld.
Constitutional Law Jan. 8, 2007
U.S. v. Gomez
If defendant does not qualify for statutory 'safety valve' protection, his resultant mandatory minimum sentence does not violate Eighth Amendment.
Constitutional Law Jan. 5, 2007
Perez v. Roe
Once judiciary renders final judgment for case or controversy, Legislature may not revive it by amending statute of limitations.
Constitutional Law Jan. 2, 2007
American Civil Liberties Union of Nevada v. Lomax
Nevada initiative rule containing signature requirement violates Equal Protection Clause and is unconstitutional.
Constitutional Law Dec. 20, 2006
Varian Medical Systems Inc. v. Delfino
Former employees who posted derogatory messages on Internet about employer are liable for defamation.
Constitutional Law Dec. 7, 2006
Sanchez v. City of Modesto
Challenge to California Voting Rights Act of 2001 is rejected where statute is nondiscriminatory and passes rational basis review.
Constitutional Law Dec. 6, 2006
Sanchez v. County of San Diego
Summary judgment for county was proper where welfare recipients claimed welfare eligibility program violated state and federal constitutions.
Constitutional Law Dec. 5, 2006
People v. Kelly
Opinion rendered on 'Wende' appeal must address any supplemental contentions raised by defendant, and state reason they are rejected by appellate court.
Constitutional Law Nov. 28, 2006
Big Creek Lumber Co. v. City of Santa Cruz
Local ordinances restricting location of timber operations are not pre-empted if they do not regulate manner in which operations are conducted.
Constitutional Law Nov. 28, 2006
California Statewide Communities Development Authority v. All Persons Interested in the Matter
Issuance of tax-exempt bonds by state agency on behalf of religious schools violates state Constitution.
Constitutional Law Nov. 10, 2006
Ballen v. City of Redmond
Ordinance is invalid where it discriminates against commercial speech rights of businesses in content-based manner.
Constitutional Law Nov. 8, 2006
Klein v. San Diego County
Dismissal of constitutional claims is proper where residential picketing ordinance is not unconstitutional in every application.
Constitutional Law Nov. 8, 2006
Faith Center Church Evangelistic Ministries v. Glover
Prohibiting faith center's religious worship services from public library meeting room was permissible exclusion of speech that did not violate First Amendment.
Constitutional Law Nov. 8, 2006
Chamber of Commerce of the United States v. Lockyer
California statute barring employers' use of state funds to promote or deter union organizing is not pre-empted by federal labor law.
Constitutional Law Nov. 8, 2006
Regency Outdoor Advertising Inc. v. City of Los Angeles
Advertising company is not owed compensation where city's trees obstructed view of roadside billboards.
Constitutional Law Nov. 7, 2006
Big Creek Lumber Co. v. City of Santa Cruz
Local ordinances restricting location of timber operations are not pre-empted if they do not regulate manner in which operations are conducted.
Constitutional Law Nov. 6, 2006
People v. Union Pacific Railroad Co.
In case involving railcar spillage, complaint is improperly dismissed where state reporting requirements are not pre-empted by federal law.
Constitutional Law Nov. 6, 2006
Tekle v. United States
Summary judgment for IRS agents is not proper where genuine issues of material fact exist regarding violation of minor's constitutional rights.
Constitutional Law Nov. 2, 2006
Antebi v. Occidental College
Student may pursue Leonard law claim if enrolled at private educational institution when legal action commences, but if alumnus, he lacks standing.
Constitutional Law Nov. 2, 2006
Small Property Owners of San Francisco v. City and County of San Francisco
Plaintiffs failed to show per se taking where landlords were required to pay tenants interest on security deposits.
Constitutional Law Nov. 1, 2006
Parents Involved in Community Schools v. Seattle School District, No. 1
Racial tiebreaker used by Seattle school district in public high school assignment plan does not violate Equal Protection Clause.
Constitutional Law Oct. 27, 2006
People v. Boultinghouse
Congress' failure to designate 'GBL' as controlled substance does not violate federal supremacy principles.
Constitutional Law Oct. 25, 2006
American Liberty Bail Bonds Inc. v. Garamendi
Suspension without predeprivation hearing, pursuant to Insurance Code Section 1748.5(e)(1), comports with due process, but applies only to natural persons.
Constitutional Law Oct. 25, 2006
Lee v. Walters
Court's ruling that Oregon statute is unconstitutionally vague is not proper because court failed to sever 'unconstitutional' provision from remainder of statute.
Constitutional Law Oct. 24, 2006
Qwest Communications Inc. v. City of Berkeley
City's telecommunications ordinance was pre-empted by Federal Telecommunications Act because it burdened city service providers.
Constitutional Law Oct. 24, 2006
Gilmore v. Gonzalez
Air traveler's constitutional rights were not violated by security requirement that identification be shown prior to boarding.
Constitutional Law Oct. 23, 2006
G.K. Ltd. Travel v. City of Lake Oswego
City's sign code ordinance, preventing plaintiff from continuing to use pole sign, is not unconstitutional.
Constitutional Law Oct. 23, 2006