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U.S. v. Georgia
Insofar as ADA creates private cause of action for damages against states for constitutional violations, ADA validly abrogates state sovereign immunity.
Constitutional Law Jan. 12, 2006
Fields v. Palmdale School District
Parents have no constitutional right to exclusive control over introduction and flow of sexual information to their children.
Constitutional Law Jan. 5, 2006
Opinion of Lockyer
State television and video acts are not pre-empted by federal law insofar as they apply to satellite service providers.
Constitutional Law Dec. 28, 2005
Concord Christian Center v. Open Bible Standard Churches
Church's attempt to disaffiliate itself from denomination was ineffective.
Constitutional Law Dec. 28, 2005
U.S. v. Afshari
Constitution does not forbid Congress from requiring individuals to refrain from financially supporting organizations designated as 'terrorist' during period of designation.
Constitutional Law Dec. 16, 2005
Valov v. Dept. of Motor Vehicles
Licensee was not entitled to religious exemption from state's generally applicable driver's license requirements.
Constitutional Law Dec. 13, 2005
ASW v. State of Oregon
Adoptive parents have federally enforceable right to adoption assistance and fair hearing before reduction of assistance.
Constitutional Law Dec. 11, 2005
Arakaki v. Lingle
Hawaiian citizens' equal protection claim against state agency did not raise nonjusticiable political question.
Constitutional Law Dec. 5, 2005
R.J. Reynolds Tobacco Co. v. Shewry
Use of excise tax to fund anti-smoking advertising does not violate First Amendment rights of tobacco companies.
Constitutional Law Dec. 4, 2005
Opinion of Lockyer
Person incarcerated in local detention facility for conviction of felony is ineligible to vote.
Constitutional Law Nov. 30, 2005
Coshow v. City of Escondido
Public has no right to prevent city from putting fluoride in drinking water.
Constitutional Law Nov. 29, 2005
Preminger v. Principi
Department of Veterans' Affairs regulation prohibiting partisan activities at its facility did not violate First Amendment.
Constitutional Law Nov. 21, 2005
Gospel Missions of America v. City of Los Angeles
Los Angeles ordinance regarding charitable solicitations is not unconstitutionally vague.
Constitutional Law Nov. 15, 2005
Doe v. United States
Federal health insurance program for families of soldiers does not have to pay for wife's abortion of anencephalic fetus.
Constitutional Law Nov. 15, 2005
Knight v. Superior Court (Schwarzenegger)
Domestic Partnership Act does not amend defense of marriage initiative.
Constitutional Law Nov. 9, 2005
Dye v. Hofbauer
Failure of state appellate court to mention federal claim does not mean claim was not presented to it.
Constitutional Law Oct. 14, 2005
Valov v. Dept. of Motor Vehicles
Licensee was not entitled to religious exemption from state's generally applicable driver's license requirements.
Constitutional Law Oct. 11, 2005
Tain v. State Board of Chiropractic Examiners
State regulation defining limits of chiropractic practice did not violate plaintiffs' constitutional rights.
Constitutional Law Oct. 5, 2005
Marine Forests Society v. California Coastal Commission
Statute providing for appointment of members of California Coastal Commission does not violate separation of powers clause.
Constitutional Law Oct. 4, 2005
U.S. v. Afshari
Defendants accused of sending money to terrorist organization failed to establish First Amendment defense.
Constitutional Law Sep. 27, 2005
Bronco Wine Company v. Jolly
Federally approved certificates of label approval for wine brands are not protected by takings clause.
Constitutional Law Sep. 26, 2005
O'Connell v. City of Stockton
Ordinance allowing seizure of vehicles used to solicit prostitution or drug sales denies procedural due process to car owners.
Constitutional Law Sep. 19, 2005
Beentjes v. Placer County Air Pollution Control District
County air pollution control district does not have Eleventh Amendment sovereign immunity.
Constitutional Law Aug. 23, 2005
In re Hawthorne
Determination of mental retardation in postconviction death penalty cases should substantially conform with preconviction statutory model.
Constitutional Law Aug. 23, 2005
Menotti v. City of Seattle
Emergency order prohibiting access to parts of city during trade conference was constitutional.
Constitutional Law Aug. 23, 2005
Theagene v. Gonzales
Application of intervening case law to pending case without giving petitioner opportunity to respond does not violate due process.
Constitutional Law Aug. 23, 2005
Gresher v. Anderson
When imposing employment ban on workers with criminal convictions, Department of Social Services must provide list of specific convictions.
Constitutional Law Aug. 22, 2005
Principal Life Insurance Co. v. Robinson
Traditional ripeness standard applies to private party contract disputes.
Constitutional Law Aug. 21, 2005
People v. Rhodes
Sentence of life without parole for second-degree murder of peace officer with special circumstance does not violate equal protection.
Constitutional Law Aug. 19, 2005
Jevne v. Superior Court (JB Oxford Holdings Inc.)
Federal securities law preempts California law dealing with arbitration procedures.
Constitutional Law Aug. 19, 2005