Today's Date:
9/5/2010
Index covers September 1998 to May
2010
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Affirmative Action
September 2003 - Michigan's Undergraduate Admissions Policy Unconstitutional
September 2003 - Michigan's Law School Admissions Policy OK
Alcohol
December 2005 - Are Sobriety Checkpoints Valid?
December 2005 - Hosts Could Be Liable for Underage Drinker’s Injuries
December 2005 - Store Could Be Liable for Selling Gas to Drunk Driver
December 2005 - States’ Wine Laws Violated Commerce Clause
Alito Opinions
February 2006 - Spousal Notification Requirement for Abortion
February 2006 - School Anti-Harassment Policy Unconstitutional
February 2006 - Religious Groups Could Distribute Materials in Public Schools
February 2006 - Police Department’s Beard Policy Violated Religious Freedom
Americans with Disabilities Act
November 1998 - Slow Reader Gets Extra Time for Exam
May 2005 - Wheelchair Racquetball Player Not Entitled to Two Bounces
Arrest
January 1999 - Peek-a-boo… You're under Arrest
March 1999 - No Excessive Force by Police
March 2000 - Police May Stop Those Who Run from Police
September 2000 - County Not Liable For Damage Done During Arrest
December 2000 - Merchant Could Detain Suspected Shoplifters
Assisted Suicide
October 2002 - Feds Could Not Ban Oregon Assisted Suicide Law
September 2004 - Attorney General Could Not Override Oregon Suicide Law
April 2006 - Oregon’s Assisted Suicide Law is Valid
Attorneys
October 1998 - Attorney-Client Privilege Survives Death of Client
Automobiles
December 2003 - Don't Leave Your Keys in the Car
December 2003 - Drunk Driver Could Not Sue for His Own Injuries
October 2003 - Doctors Not Liable to Victims of Sight-Impaired Driver
November 2004 - Motorist Could Not Withhold Name from Police
December 2005 - Store Could Be Liable for Selling Gas to Drunk Driver
December 2005 - Are Sobriety Checkpoints Valid?
Business Law
November 1999 - Tax Informant’s Reward from IRS
December 1999 - Drive-by Shooting Not Covered by Car Insurance
March 2000 - Better Ingredients. Better Pizza.
May 2000 - Barney the Dinosaur v. The Famous Chicken
January 2003 - "Exculpatory" Clause in Bike Rental Agreement
May 2005 - Swim Club’s Registration and Waiver Form Unenforceable
Christmas Cases
December 1998 - Santa Claus Is Coming to Court
December 1999 - Santa Claus Is Coming to Court
December 2000 - You Can’t Be Santa Claus
December 2001 - Christmas is Constitutional
December 2002 - Santa Clause is Coming to Court
Civil Rights
December 1998 - The Courthouse Door Is Closed!
September 1999 - Student-on-Student Sexual-Harassment
November 1999 - Landlords Could Refuse Apartments to Unwed Couples
February 2000 - Prisoner Could Not Get Playboy
November 2000 - “Testers” for Discrimination Could Sue Employer
January 2001 - Student Not Entitled to Extra Time For Exam
November 2001 - Disabled Golfer Could Use Cart in PGA Tour
January 2004 - Same-sex Marriage in Massachusetts
May 2005 - Wheelchair Racquetball Player Not Entitled to Two Bounces
April 2005 - Police Not Subject to Excessive Force Lawsuit
Computer/Internet
November 1998 - CD Infringed Duke Nukem Copyright
March 1999 - Internet Porn Law v. Freedom of Speech
May 1999 - Public Library Could Not Restrict Internet Access
April 2001 - Napster Violated Copyright Law
March 2003 - Search of Emails By Internet Service Provider
November 2003 - Intel Could Not Stop Ex-employee from E-mailing Workers
October 2003 - Libraries Required to Filter Internet Porn
February 2004 - ISP Not Liable for Invasion of Privacy
November 2004 - Software Makers Not Liable for Copyright Infringement
December 2004 - Internet Web Cams on Pretrial Jail Detainees
January 2006 - P2P Software Company Liable for Copyright Infringement
April 2006 - Enforcement of Violent Video Games Law Halted
Constitutional Law
December 1999 - NY Law Limiting Sidewalk Art Sales Unconstitutional
May 2000 - Courts Disagree on Golf Carts for Disabled Pros
September 2000 - Violence Against Women Act Exceeds Federal Power
October 2000 - Boy Scouts Can Exclude Gay Scoutmasters
January 2001 - “Gangsta Rap” Music Protected By First Amendment
March 2001 - Teacher Couldn’t Post Materials Opposing School Policy
May 2001 - Public Libraries and Internet Porn
February 2002 - “Shunning” By Church Protected By First Amendment
March 2002 - Cross Burning Law Violates First Amendment
April 2002 - Students Can Grade Peer’s Papers
September 2002 - Race Considered in Law School Admissions
September 2002 - Ban on Virtual Child Porn Unconstitutional
October 2002 - Ohio School Voucher Program
November 2002 - Restriction on Judicial Candidates Violated First Amendment
March 2003 - Media Barred From "Special Interest" Deportation Hearings
September 2003 - Hidden Video Camera Not Unreasonable Search
September 2003 - Ordinance Banning Violent Videogames Unconstitutional
November 2003 - Ten Commandments Monument Violated Constitution
November 2003 - Third Grader's First Amendment Rights
March 2004 - U.S. Citizen Terror Suspect Was Not "Enemy Combatant"
September 2004 - Ku Klux Klan Could “Adopt a Highway”
March 2004 - State Can Catalog Felons DNA Profiles
December 2004 - FBI “National Security Letters” Violate Constitution
November 2004 - Motorist Could Not Withhold Name from Police
December 2004 - News Reporters Could Not Avoid Grand Jury
October 2004 - Idaho Parental Consent Law Unconstitutional
January 2005 - Pedophile Could be Banned from City Parks
February 2005 - Teacher’s Child Not Required to Attend Public School
February 2005 - Law Schools Have Right to Exclude Military Recruiters
October 2005 - Dollar-a-Day Fee for Pretrial Detainees OK
April 2005 - Nevada “Son of Sam” Law Unconstitutional
May 2005 - Forced DNA Profiling for Prison Inmates is Constitutional
May 2005 - Gov’t Funded Education Program Did Not “Establish Religion”
November 2005 - Country Club Had to Treat Domestic Partners Like Spouses
November 2005 - City’s Special Events Permit Law Unconstitutional
December 2005 - States’ Wine Laws Violated Commerce Clause
March 2006 - Intelligent Design Policy Violated Freedom of Religion
April 2006 - Private School Vouchers Violate Florida Constitution
September 2009 - Youth Curfew Ordinance Could Not Stand
Copyrights/Trademarks
November 2002 - Song 'Barbie Girl' did not Infringe Doll Trademark
April 2003 - Congress Could Extend Copyright Protections
January 2004 - Washington "Redskins" Trademark Not Subject to Cancellation
November 2004 - Software Makers Not Liable for Copyright Infringement
January 2006 - P2P Software Company Liable for Copyright Infringement
Criminal Law
December 1998 - Booby-Trap Backfires
February 1999 - Iowa Search Laws Unconstitutional
February 1999 - Misidentified Gun -- "Harmless Error"
March 1999 - Get Out Of Town … and Stay Out!
April 1999 - Be Home by Midnight!
May 1999 - Holocaust Survivor Deserved Reduced Sentence
November 1999 - Accomplice’s Taped Confession Inadmissible
April 2000 - Clearing Courtroom Violated Right to Public Trial
April 2000 - A Defendants Right to Pretrial Bail
May 2000 - Anonymous Tip Did Not Justify Police Search
December 2000 - Warrantless Video Surveillance Was Unconstitutional
February 2001 - Highway Drug Checkpoints Unconstitutional
April 2001 - Wife of Drug Dealer Protected from Forfeiture
September 2001 - Mother Arrested and Jailed for Not Wearing Seat Belt
January 2002 - Internet Posting of Sex Offender Registry
January 2002 - Warrantless Wiretap of Home Phone
February 2002 - California Could Not Imprison Shoplifter for 50 Years
March 2002 - Motorist Tricked At Drug Checkpoint
April 2002 - Fourth Amendment Does Not Apply to Others’ Possessions
November 2002 - Confessions Made to AA Members is Admissable
December 2002 - Federal Death Penalty Act Unconstitutional
December 2002 - Possession of Drugs in Shared Apartment
February 2003 - "Enemy Combatant" Has No Right to an Attorney
February 2003 - "Enemy Combatant" Has the Right to an Attorney
February 2003 - Hospital Drug Screening of Pregnant Women
April 2003 - Silence at Sentencing Could Not be Held Against Defendant
May 2003 - Cocaine-Using Mother Guilty of Homicide by Child Abuse
October 2003 - Reinstating Statute of Limitations Violated and Ex Post Facto
December 2004 - Mistaken 9-1-1 Call Justified Warrantless Search
March 2004 - Parent/Host of Beer Party Guilty of Involuntary Manslaughter
October 2004 - Right to Trial by Jury Includes Sentencing
December 2004 - Internet Web Cams on Pretrial Jail Detainees
February 2005 - School/Police Could Detain Student Accused of Gun Possession
March 2005 - Mother Eavesdropping on Daughter’s Phone Call
March 2005 - Trial Held in Prison Violated Right to Impartial Jury
November 2005 - Police Had No Duty to Enforce restraining Order
November 2005 - No Death Penalty for Juveniles
March 2006 - Can Juvenile Enter Guilty Plea Agreement
March 2006 - Killer Released on Technicality
April 2006 - Enforcement of Violent Video Games Law Halted
January 2006 - Drug Dealer’s Lottery Winnings Subject to Forfeiture
Curfew
May 2003 - Curfew Ordinance Was Unconstitutionally Vague
Damages
April 2003 - Court Donates Punitive Damages to Charity
Death Penalty
February 2002 - Electric Chair Violates Georgia Constitution
April 2003 - Death Peanalty on Retrial Did Not Violate Double Jeopardy
May 2003 - Drugging Inmate to Make Him Competent for Execution
November 2005 - No Death Penalty for Juveniles
Defamation
March 2005 - You Can’t Ruin a Bad Reputation
Dress Codes
January 2000 - Student Suspended for Displaying Confederate Flag
February 2002 - Teachers’ Dress Code Violation
Drugs
October 1998 - Drug Suspect Convicted with Garbage
May 2000 - Drug Use Can Bring Public Housing Eviction
September 2000 - Random Drug Testing in Schools OK
September 2005 - California's Medical Marijuana Law Invalid
January 2006 - Drug Dealer’s Lottery Winnings Subject to Forfeiture
Elections/Politics
October 2000 - Church Loses Taw-Exempt Status for Political Advocacy
April 2000 - States Can Limit Political Campaign Contributions
April 2001 - Twelfth Amendment did not Stop Bush-Cheney Ticket
February 2004 - Redistricting Congressional Districts after Census
Eminent Domain
November 2004 - County Could Not Take Private Property for Public Project
October 2005 - Private Homes Condemned for Private Development
English-Only
January 1999 - English Only Law Unconstitutional
Family Law
January 1999 - Best Interests of the Child
October 1999 - State Liable for Parolee’s Conduct
February 2000 - Same-Sex Couples Entitled to Marriage Benefits
November 2000 - Grandparent Visitation Rights
November 2000 - Father Could Allow Police To Search Son’s Room
February 2001 - Termination of Father’s Parental Rights
February 2001 - Estate that Sold $1 Million in Art for $60 Had No Remedy
March 2001 - Husband Not Liable for Drunken Wife’s Auto Accident
March 2001 - “Faith Healing” Parents Liable in Daughter’s Death
April 2001 - Father Liable for Son’s Friend’s Negligence
May 2001 - Mom Couldn’t Help This Time
September 2001 - Non-Biological Father Had to Pay Child Support
October 2001 - Fiancé Who Broke Off Engagement Could Recover Ring
November 2001 - Man Ordered to Stop Having Children
December 2001 - No Visitation Rights For Grandparents
December 2001 - Ex Husband had No Right to Frozen Pre-embryos
April 2002 - Children Conceived After Father’s Death May Share Estate
December 2003 - A Perfect Storm Did Not Offend Families Privacy Rights
September 2004 - Court Appoints Guardian for Jehovah’s Witness Baby
October 2004 - Idaho Parental Consent Law Unconstitutional
November 2005 - Country Club Had to Treat Domestic Partners Like Spouses
January 2006 - Mother Had No Companionship Rights in Adult Son
Fast Food
March 2003 - Obese Kids Could Not Sue McDonalds
Federalism/Separation of Powers
January 2005 - Florida Life Support Law Violated Separation of Powers
Fingerprints
May 2002 - Is Fingerprint Evidence Reliable
Freedom of Press
November 1999 - Media Can't Join Marshals Executing Warrant
December 2004 - News Reporters Could Not Avoid Grand Jury
October 2005 - No TV Cameras in New York Courtrooms
October 2005 - College Dean Could Censure Student-Run Newspaper
April 2005 - School Could Not Censor Student-Run Newspaper
Freedom of Religion
April 2006 - Private School Vouchers Violate Florida Constitution
March 2006 - Intelligent Design Policy Violated Freedom of Religion
Freedom of Speech
December 1998 - Criticism of Employer Was Protected Speech
December 2000 - Giving “Finger” Was Free Speech
May 2001 - Professor’s Classroom Profanity
May 2001 - Confederate Flag on Student’s Shirt
September 2001 - Violent Video Games Protected By First Amendment
January 2002 - No Free Speech Right to Vanity License Plate
May 2002 - California’s Son of Sam Law Violates First Amendment
September 2002 - The Case of the Cussing Canoeist
September 2002 - Threatening Rap Lyrics are not Free Speech
November 2002 - Town's Rejecting Church Monument Violated Free Speech
May 2003 - School Could Sensor Student's Graduation Speech
October 2004 - Student’s
“Dark Poetry”
Did Not Constitute Criminal Threat
January 2004 - College Speech Code Violated First Amendment
November 2005 - City’s Special Events Permit Law Unconstitutional
April 2005 - School Could Not Censor Student-Run Newspaper
April 2005 - Can School Prohibit Anti-Gay T-Shirt?
January 2005 - Compelling Students to Recite Pledge of Allegiance
Gifts
April 2004 - Suitor Could Not Recover Gifts after Broken Engagement
Guns
February 2004 - Shooting Victims Could Sue Gun Manufacturers
February 2005 - School/Police Could Detain Student Accused of Gun Possession
February 2005 - City of Chicago Could Not Sue Gun Industry
Homeland Security
May 1999 - Oklahoma City Bombing
April 2002 - Press Has No Right to Televise Terrorist Trial
April 2004 - Provisions of Patriot Act Unconstitutionally Vague
December 2004 - FBI “National Security Letters” Violate Constitution
Hospitals and Medicine
December 2001 - Withholding Life-Sustaining Medical Treatment
January 2003 - Fed's Medical Marijuana Policy Unconstitutional
January 2006 - State Could Not Limit Medical Malpractice Damages
Immigration
October 1998 - Grant of Asylum for Fear of Persecution
Miranda
September 1998 - You Have the Right to Remain Silent
September 2000 - Miranda Warnings Still Required
March 2003 - Juvenile Suspect Has Greater Protection Under Miranda
September 2004 - Minor Questioned by Police Without
Miranda
Warnings
September 2005 - Juvenile Who Requested Mother Did Not Waive Rights
Negligence
October 2003 - The Thing Speaks for Itself
November 2003 - High School Swimmer Could Sue Swim Coach
Pardons
April 2004 - Illinois Governor Had Power to Reduce Death Sentences
Personal Injury-Torts
September 1998 - Liability for Death in High-speed Chase
November 1998 - Who Can Recover?
March 1999 - Your Name Will Be Mud!
October 1999 - Gun Shop Owner Not Liable to Shooting Victim
October 1999 - Educational Malpractice
January 2000 - Is Host Liable When One Guest Attacks Another?
February 2000 - Weapons Manufacturer Could Be Sued
January 2001 - Disabled Child Could Not Claim “Wrongful Life”
February 2001 - Injured Softball Player Could Sue for “Take-Out” Slide
October 2001 - Apartment Complex Not Liable for Assault
November 2001 - Police Liability in High Speed Chase
March 2002 - Student Host of Beer Party Not Liable for Fight
December 2002 - Video Game and Movie Maker not Liable for Shootings
February 2003 - Golfer Assumes Risk of Being Hit by Errant Golf Ball
February 2004 - When the Dog Bites the Mailman
December 2005 - Hosts Could Be Liable for Underage Drinker’s Injuries
January 2006 - State Could Not Limit Medical Malpractice Damages
January 2006 - Mother Had No Companionship Rights in Adult Son
Right to Privacy
May 2005 - Forced DNA Profiling for Prison Inmates is Constitutional
March 2005 - Mother Eavesdropping on Daughter’s Phone Call
Same-Sex Marriage
September 2009 - California’s Amendment Banning Same-Sex Marriage
Schools
September 1998 - Teacher’s Harassment of Student
February 1999 - No Corporal Punishment of Student
April 1999 - Teacher Fired for Student Profanity
April 1999 - Student Entitled to Full-time Nursing Assistant
May 1999 - Expelled High School Student’s Rights
March 2000 - Expulsion of High School Students
November 2000 - Student Expelled for Website Critical of Teacher, Principal
December 2000 - School Could Change Academic Requirements
January 2001 - School Uniforms Pass Constitutional Muster
March 2001 - Determining In-State College Tuition
October 2001 - High School's Not Liable for Sudent's Car Accident
December 2001 - Prayer Group Could Use School Facilities
January 2002 - Classroom Seating Violated Equal Protection
October 2002 - School Drug Test for Extracurricular Activities
October 2002 - Oklahoma English-Only Initiative Unconstitutional
December 2002 - College Could Cut Men's Sports for Women's
January 2003 - Student Could be Expelled for Web Page
January 2003 - 19-Year-Old Could be Barred from HS Sports
December 2003 - Random Drug Testing for Students
October 2004 - Student’s
“Dark Poetry”
Did Not Constitute Criminal Threat
November 2004 - School Could Not Conduct Random-Suspicionless Searches
February 2005 - School/Police Could Detain Student Accused of Gun Possession
February 2005 - Law Schools Have Right to Exclude Military Recruiters
February 2005 - Teacher’s Child Not Required to Attend Public School
January 2005 - Compelling Students to Recite Pledge of Allegiance
January 2005 - Using “Racial Tie-breaker” for High School Enrollment
April 2005 - Can School Prohibit Anti-Gay T-Shirt?
April 2005 - School Could Not Censor Student-Run Newspaper
October 2005 - College Dean Could Censure Student-Run Newspaper
September 2005 - Strip Search of High School Students Unconstitutional
March 2006 - Parents Could Not Control Education Specifics
April 2006 - Private School Vouchers Violate Florida Constitution
April 2006 - Home-Schooled Students Ineligible for Public School Sports
September 2009 - Strip Search of Student Unconstitutional
Search and Seizure
September 1999 - Weapons Search of Student Body
September 1999 - Police Could Search Car Passenger’s Purse
January 2000 - Electronic Tracking Device on Suspect’s Vehicle OK
September 2001 - Thermal Imaging of Home was Unlawful Search
October 2001 - Hospital's Drug Screening Violated Fourth Amendment
May 2002 - Probation Order Allowing Search Anytime OK
May 2002 - Searching Vehicle During Traffic Stop
March 2004 - Police Roadblocks Seeking Crime Information OK
October 2004 - Homeowner Had Right of Privacy in His Garage
November 2004 - School Could Not Conduct Random-Suspicionless Searches
December 2004 - Mistaken 9-1-1 Call Justified Warrantless Search
September 2005 - Strip Search of High School Students Unconstitutional
May 2005 - Forced DNA Profiling for Prison Inmates is Constitutional
Self-Defense
September 1999 - Lethal Force for Self-defense in Own Home
March 2005 - Attacked Person’s Duty to Retreat
Separation of Church and State
April 1999 - State Motto Mentioning God Is Constitutional
December 1999 - City's Holiday Display Not Unconstitutional
November 2001 - School's 'Moment of Silence' Allowed
May 2005 - Gov’t Funded Education Program Did Not “Establish Religion”
September 2005 - Jury’s Use of Bible Was Inappropriate
April 2006 - Private School Vouchers Violate Florida Constitution
September 2009 - Bible Excluded From Classroom Activity
Sports and Athletics
October 1999 - Baseball Player’s Premarital Agreement
October 2000 - No Student Prayer at Football Games
March 2002 - Scheduling Girls’ Sports in “Wrong” Seasons
April 2006 - Home-Schooled Students Ineligible for Public School Sports
Wrongful Life
January 2004 - No "Wrongful Life" Suits in Kentucky
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