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Guru Nanak Sikh Society of Yuba City v. County of Sutter
County imposed impermissible substantial burden on group's religious exercise under Religious Land Use and Institutionalized Persons Act.
Constitutional Law Oct. 23, 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 Oct. 23, 2006
Planned Parenthood Federation of America Inc. v. Gonzales
Congressional intent that Partial-Birth Abortion Ban Act not be judicially construed to include health exception prohibited issuance of injunction barring unconstitutional application.
Constitutional Law Oct. 22, 2006
Gathright v. City of Portland
City's policy of enforcing rights of permittees to evict any person who interferes with their message infringes on plaintiff's First Amendment rights.
Constitutional Law Oct. 22, 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 Oct. 22, 2006
Matrixx Initiatives Inc. v. Doe
Discovery order compelling disclosure of information was proper where third parties in defamation suit lacked standing to oppose order.
Constitutional Law Oct. 18, 2006
Harper v. Poway Unified School District
Public school may restrict student from wearing T-shirt bearing anti-gay statements in interest of maintaining effective learning environment for students.
Constitutional Law Oct. 18, 2006
Center for Bio-Ethical Reform Inc. v. City and County of Honolulu
Honolulu's ordinance prohibiting banner towing over beaches does not violate First Amendment where it is reasonable and viewpoint neutral restriction on speech.
Constitutional Law Oct. 18, 2006
Prete v. Bradbury
Party failed to demonstrate that Oregon ballot measure's prohibition of payment to petition signature gatherers unconstitutionally burdened political speech.
Constitutional Law Oct. 18, 2006
Soldano v. United States
Competing public policy considerations, such as preserving natural resources versus need to minimize safety hazards, falls within FTCA discretionary function exception.
Constitutional Law Oct. 17, 2006
Gest v. Bradbury
Court's dismissal was proper where Oregon's Secretary of State's alleged unlawful conduct did not cause injury expected by initiative petition signature collectors.
Constitutional Law Oct. 16, 2006
ARP Pharmacy Services Inc. v. Gallagher Bassett Services Inc.
Reporting requirement under Civil Code Section 2527 violates free speech rights of prescription drug claims processors.
Constitutional Law Sep. 27, 2006
Manta Management Corp. v. City of San Bernardino
City's act of obtaining injunction to enforce unconstitutional ordinance against adult cabaret violated First Amendment.
Constitutional Law Sep. 27, 2006
Continental Insurance Co. v. Federal Express Corp.
In case involving claims for loss of cargoes, court erred by applying Original Warsaw Convention where Hague Protocol is treaty in force.
Constitutional Law Sep. 22, 2006
People v. Travis
Amendment to California DNA sample collection law applying to any person convicted of any felony did not violate offender's constitutional rights.
Constitutional Law Sep. 12, 2006
Los Altos El Granada Investors v. City of Capitola
'Substantially advances' formula is not valid method of identifying regulatory takings for which Fifth Amendment requires just compensation.
Constitutional Law Sep. 7, 2006
Conservatorship of Christopher A.
Procedural due process requires court to obtain proposed conservatee's on-the-record, express consent to terms and consequences of conservatorship.
Constitutional Law Sep. 7, 2006
Manta Management Corp. v. City of San Bernardino
City's act of obtaining injunction to enforce unconstitutional ordinance against adult cabaret violated First Amendment.
Constitutional Law Sep. 7, 2006
Los Altos El Granada Investors v. City of Capitola
'Substantially advances' formula is not valid method of identifying regulatory takings for which Fifth Amendment requires just compensation.
Constitutional Law Sep. 7, 2006
U.S. v. Stewart
Machine gun ban is upheld because Congress had rational basis to conclude aggregate possession of homemade machine guns could substantially affect interstate commerce.
Constitutional Law Sep. 5, 2006
Allegretti & Co. v. County of Imperial
In water rights case, county's approval of property owner's conditional use permit does not constitute physical or regulatory taking.
Constitutional Law Aug. 29, 2006
People v. Lopez
Admission of testimony was proper where criminal defendant's privilege not to testify has not been extended to civil commitments.
Constitutional Law Aug. 25, 2006
People v. Lopez
Admission of testimony was proper where criminal defendant's privilege not to testify has not been extended to civil commitments.
Constitutional Law Aug. 23, 2006
Alaska Right to Life Committee v. Miles
First Amendment challenge to campaign finance law is defeated where provisions of law are constitutional, both facially and as applied to plaintiff.
Constitutional Law Aug. 22, 2006
Jerry Beeman and Pharmacy Services Inc. v. TDI Managed Care Services Inc.
Pharmacies established procedural injury when they showed that pharmacy benefit managers failed to conduct certain studies, mandated by statute, on pharmacy fees.
Constitutional Law Aug. 8, 2006
Pinard v. Clatskanie School District 6J
First Amendment protects high school basketball players' petition requesting resignation of their coach, where petition did not disrupt school activities.
Constitutional Law Aug. 8, 2006
Santa Monica Food Not Bombs v. City of Santa Monica
Narrowly tailored permit requirement must maintain close relationship between size of event and its likelihood of implicating government interests.
Constitutional Law Aug. 7, 2006
Baugh v. Garl
Defendant is not entitled to jury trial where parties litigated over water rights despite settlement agreement and action was one in equity.
Constitutional Law Aug. 7, 2006
Quicken Loans Inc. v. Wood
Mortgage lender's express pre-emption argument fails where federal statute does not explicity pre-empt state per diem loan interest statutes.
Constitutional Law Aug. 4, 2006
Fields v. Palmdale School District
Parents of public school children do not possess constitutional right to restrict schools from providing information on subject of sex.
Constitutional Law Jul. 26, 2006