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San Diegans for the Mt. Soledad National War Memorial v. Paulson
In case concerning whether Latin cross should remain on city property, stay should be granted while new legislation's effect on litigation is considered.
Constitutional Law Jul. 14, 2006
Smelt v. County of Orange
Abstention is proper in case challenging California's laws against same-sex marriages and plaintiffs lack standing to attack Federal Defense of Marriage Act.
Constitutional Law Jul. 11, 2006
U.S. v. Torres-Hernandez
Court may consider only jury-eligible Hispanics in determining whether they are underrepresented on grand jury venires.
Constitutional Law Jul. 11, 2006
Excelsior College v. California Board of Registered Nursing
New interpretation of statute affecting out-of-state nursing school's ability to meet state minimum requirements for licensure is not unconstitutional.
Constitutional Law Jul. 10, 2006
Jones v. City of Los Angeles
Summary judgment to homeless individuals is granted, where under Eight Amendment, involuntarily sitting, lying and sleeping in public may not be punished.
Constitutional Law Jul. 6, 2006
Randall v. Sorrell
Campaign contribution limits violate First Amendment where limits burden protected interests and are too restrictive.
Constitutional Law Jun. 29, 2006
Sanchez-Llamas v. Oregon
Even if Vienna Convention provides judicially enforceable rights, suppression is not appropriate remedy for violations, and state's regular procedural default rules apply.
Constitutional Law Jun. 29, 2006
Krontz v. City of San Diego (Chief of Police, City of San Diego)
Suspension of club owner's nude entertainment permit for violating city ordinance did not amount to prior restraint.
Constitutional Law Jun. 15, 2006
Opinion of Lockyer
City ordinance using age-based classification to limit use of play equipment designed for children is not unconstitutional.
Constitutional Law Jun. 12, 2006
Garcetti v. Ceballos
First Amendment does not protect government employee from discipline based on speech made pursuant to employee's official duties.
Constitutional Law Jun. 2, 2006
Conservatorship of Christopher A.
Procedural due process requires court to obtain, on the record, proposed conservatee's express consent to content and consequences of conservatorship.
Constitutional Law May 18, 2006
Jones v. Flowers
When mailed notice of tax sale is returned unclaimed, state must take reasonable steps to notify property owner before selling his property.
Constitutional Law May 5, 2006
ARP Pharmacy Services Inc. v. Gallagher Bassett Services Inc.
Reporting requirement imposed on drug claims processors in pharmaceutical industry violated their free speech rights.
Constitutional Law Apr. 7, 2006
Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme
Case is not ripe where French associations represent they have no intention of seeking monetary penalty by French court against Yahoo!.
Constitutional Law Apr. 6, 2006
People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.
Nonsale distribution of cigarettes at fairs is not protected by 'safe harbor' provision of Health and Safety Code Section 118950.
Constitutional Law Mar. 24, 2006
Dawson v. City of Seattle
Search is lawful where warrants supported probable cause that search of boardinghouses had fair probability of revealing Health and Safety Code violations.
Constitutional Law Mar. 20, 2006
People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.
Nonsale distribution of cigarettes at fairs is not protected by 'safe harbor' provision of Health and Safety Code Section 118950.
Constitutional Law Mar. 15, 2006
People v. Alcala
Requiring defendant to register as sex offender for committing oral copulation is not violation of his equal protection rights.
Constitutional Law Mar. 14, 2006
Evans v. City of Berkeley
City may decline to grant free boat berths to organization that discriminates based on sexual orientation.
Constitutional Law Mar. 14, 2006
People v. Alcala
Requiring defendant to register as sex offender for committing oral copulation is not violation of his equal protection rights.
Constitutional Law Mar. 13, 2006
Viva! International Voice For Animals v. Adidas Promotional Retail Operations Inc.
State law banning import of kangaroo products is pre-empted by federal law under doctrine of conflict pre-emption.
Constitutional Law Mar. 7, 2006
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal
Government has burden to demonstrate compelling interest under Religious Freedom Restoration Act where church's tea used for communion was seized.
Constitutional Law Feb. 23, 2006
Catholic Charities of Sacramento Inc. v. Superior Court (Dept. of Managed Health Care)
Catholic organization may be compelled to pay for employees' contraceptive prescriptions despite religious objection.
Constitutional Law Feb. 6, 2006
Howard N., a Minor
Application of civil commitment statute violated minor's right to due process.
Constitutional Law Feb. 5, 2006
Jevne v. Superior Court (JB Oxford Holdings)
Federal securities law preempts California law dealing with arbitration procedures.
Constitutional Law Feb. 3, 2006
Gonzales v. Oregon
Controlled Substances Act does not allow Attorney General to prohibit physician-assisted suicide permitted under Oregon law.
Constitutional Law Feb. 1, 2006
Ayotte v. Planned Parenthood of Northern New England
Invalidating statute that regulates access to abortion in medical emergencies, in its entirety, is not always justified.
Constitutional Law Feb. 1, 2006
People ex rel Lockyer v. R.J. Reynolds Tobacco Co.
California law restricting distribution of cigarettes on public grounds is not pre-empted by Federal Cigarette Labeling and Advertising Act.
Constitutional Law Feb. 1, 2006
Wisconsin Right to Life Inc. v. Federal Election Commission
As-applied constitutional challenge to definition of electioneering communications under Section 201 of Bipartisan Campaign Reform Act is not foreclosed by prior ruling.
Constitutional Law Jan. 27, 2006
Conservatorship of Pamela J.
Conservatee must be present when court determines her capacity or incapacity to consent to electroconvulsive treatment.
Constitutional Law Jan. 25, 2006