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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
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