Term
THE EIGHTH AMENDMENT
Black man raped white woman in 1950 and was given death penalty; first electrocution attempt failed; second time around, they get him. |
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Definition
Constitutional.
Resweber v. LA |
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Term
| Death Penalty given to retard |
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Definition
Unconstitutional.
Atkins v. VA |
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Term
| Stepfather forcefully raped eight year old stepdaughter, and given death penalty. |
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Definition
Unconstitutional.
Kennedy v. LA |
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Term
| Life sentence given to man convicted of possessing more than 650 grams of cocaine. |
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Definition
Constitutional
Harmelin v. Michigan |
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Term
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Definition
Unconstitutional.
Roper v. Simmons |
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Term
| Lethel injection; risk of mistake in administration |
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Definition
Constitutional.
Blaze v. Rees |
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Term
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Definition
Constitutional.
Cambell v. Wood |
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Term
| 400lb man is hanged; risk of decapitation |
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Definition
Unconstitutional.
Rupe v. Wood |
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Term
| Vistation banned for prisoner when he had two substance abuse violations |
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Definition
Constitutional
Overton v. Bazzetta |
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Term
JUDICIAL REVIEW
Jefferson refused to uphold Adam's appointments at the end of his term. |
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Definition
Unconstitutional.
Marbury v. Madison |
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Term
| Dorr Rebellion in RI arose attempting to overthrow the chartered government |
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Definition
Political Question.
Luther v. Borden |
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Term
| Law passed that no citizen would be required to serve in Vietnam because the war was not congressionally declared. |
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Definition
Political Question.
Mass v. Laird |
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Term
| Congress excluded an elected member after a "scandal." |
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Definition
Political Question
Powell v. McCormack |
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Term
| Maryland attempted to tax banks not chartered by the state legislature |
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Definition
Constitutional (for congress to have the bank)
McColluch v. Maryland |
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Term
EXECUTIVE IMMUNITY
Ohio governor ordered troops into Kent State U during civil rights protests against the Vietnam War; students were killed; parents sued |
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Definition
Constitutional.
Scheur v. Rhodes |
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Term
| Arkansas governor refused to integrate the schools after Brown v. Board of Ed; sued for injunctive relief |
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Definition
Constitutional
Cooper v. Aaron |
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Term
| Former pentagon employee attempted to sue Nixon while he was still in office |
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Definition
Unconstitutional
Nixon v. Fitzgerald |
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Term
| Members of the national treasury union wanted to sue Nixon while in office for equitable relief for refusing to deliver a pay increase |
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Definition
Constitutional.
Nixon v. National Treasury Union |
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Term
| Former state employee wanted to sue Clinton for something occurring while he was still AG for Arkansas |
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Definition
Constitutional.
Clinton v. Jones |
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Term
BILLS OF ATTAINDER
Federal law prohibited workers with past associations with the communist party; applied to named individuals |
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Definition
Unconstitutional
US v. Lovett |
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Term
| Federal Act prohibited any ship that had spilled more than one million gallons of gas from entering the Prince William sound; this applied to only one ship |
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Definition
Constitutional.
Sea River Maritime v. Minetta |
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Term
| Federal law that denied federal employment to persons who had not registered for the draft by 26 |
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Definition
Unconstitutional
Elgen v. US |
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Term
| Federal law that denied fincancial assistance to students who did not register for the draft, but allowed 30 days to register and qualify |
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Definition
Constitutional
Selective Service Board v. MN |
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Term
| Federal law prohibiting "former members of organizations adverse to the US from practicing law" right after the civil war |
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Definition
Unconstitutional.
Ex Parte Garly |
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Term
| Law prohibiting holding office in a labor union if you had ever been a member of the communist party |
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Definition
Unconstitutional
Archie Brown v. US |
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Term
| Law prohibiting air traffic controllers who had formerly striked from going back to work |
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Definition
Constitutional
Dehainhaut v. Pena |
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Term
PRETEXT DOCTRINE AND OTHER MISC
Jackson closed its public pools in an arguably racially motiviated law, but said it was for economic reasons |
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Definition
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Term
| Memphis closed a street in order to seperate a rich white neighborhood and a poor black one |
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Definition
Constitutional.
Memphis v. Greene |
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Term
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Definition
Unconstitutional.
McCrerry v. State |
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Term
| There is no right to secede from the union. |
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Definition
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Term
| THE COMMERCE CLAUSE BEFORE THE NEW DEAL |
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Definition
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Term
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Definition
Unconsitutional (whatever the state had done)
Gibbons v. Odgen |
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Term
| Train rates in TX were affecting Interstate Commerce in LA, and congress wanted to control RR prices |
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Definition
Constitutional.
Houston RR v. US (the Shreveport Rate Case) |
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Term
| Sherman Act reached meat dealers who fixed prices wholly intrastate |
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Definition
Constitutional.
Swift v. US |
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Term
| COMMERCE POWER PLENARY OVER CHANNELS AND INSTRUMENTALITIES OF IC |
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Definition
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Term
| Federal law prohibiting the interstate transportation of lottery tickets |
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Definition
Constitutional.
Champion v. Ames (the Lottery Cases) |
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Term
| The Mann Act prohibited the interstate transportation of women accross state lines for immoral purposes |
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Definition
Constitutional.
Hoke v. US |
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Term
| Mann Act covered private sex if state lines were crossed |
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Definition
Constitutional.
Caminetti v. US |
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Term
| The Sherman Act could reach interstate insurance transactions |
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Definition
Constitutional
US v. South-Eastern Underwriters Ass'n |
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Term
| Adulterated eggs were confiscated after they had arrived at their destitnation |
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Definition
Constitutional
Hippolite Egg v. US |
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Term
| Pharmacist charged with FDA's crime against mislabeled drugs after the drugs had arrived |
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Definition
Constitutional
US v. Sullivan |
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Term
| Federal law prohibiting the import of drugs from Canada, even though they were up to FDA standards |
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Definition
Constitutional
US v. RX Depot |
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Term
| COMMERCE POWER AFTER THE NEW DEAL |
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Definition
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Term
| National Labor Relations Board attempted to reach the activity of a single plan due to strikes and union activities |
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Definition
Constitutional.
NLRB v. Jones & Laughlin Steel |
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Term
| The Fair Labor Standards Act reached intrastate business of a lumber company that was not paying minimum wage |
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Definition
Constitutional
US v. Darby |
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Term
| Agricultural Adjustment Act reached one farmer's private production of wheat |
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Definition
Constitutional
Wickard v. Filburn |
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Term
| OSHA standards required one-man operations to comply |
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Definition
Constitutional
Slinghoff v. OSHA |
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Term
| CRIMINAL COMMERCE CLAUSE CASES |
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Definition
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Term
Omnibus crime control and safe streets act prohibited felons from possessing guns that came through IC
Where it was shown the gun had passed through IC...
Where it was shown that it hadn't...
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Definition
Constitutional. US v. Scarborough
Unconstitutional. US v. Bass |
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Term
Federal law criminalized arson.
For buildings non-economic in nature...
For buildings economic in nature... |
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Definition
Unconstitutional. US v. Jones (home)
Constitutional. US v. Iodice (diner) |
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Term
| Federal crime for juvenile to possess a gun |
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Definition
Constitutional
US v. Renee |
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Term
| Federal law criminalizing failure to register in another state if sex offender moves |
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Definition
Constitutional.
US v. Waylan |
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Term
| Federal statute criminalizing ex-felons in possession of body armor |
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Definition
Constitutional.
US v. Patton |
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Term
COMMERCE POWER AND CIVIL RIGHTS
Congress attempted to prohibit intrastate restaurant from racial discrimination |
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Definition
Constitutional
Heart of Atlanta Motel v. US
Katzenbach v. McClung
Daniel v. Paul |
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Term
| COMMERCE POWER AFFECTING ALL MEMBERS OF A CLASS |
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Definition
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Term
| Federal statute prohibiting extortionist transactions extended to a small-time loan shark |
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Definition
Constitutional.
US v. Perez |
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Term
| Federal strip mining regulation extended to one guy's strip mine who was wholly intrastate and isolated |
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Definition
Constitutional.
Hodel v. VA Surface Mining and Reclamation Ass'n |
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Term
| Endangered Species Act prohibited fishing for the Sturgeon, an AL-only fish |
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Definition
Constitutional.
Alabama Tombigbee v. Kempthorne |
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Term
| Guy is busted for growing hemp |
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Definition
Constitutional.
Monson v. DEA |
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Term
| Guys busted for homegrown child porn |
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Definition
Constitutional.
US v. McCalla / US v. Malloy |
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Term
| MODERN LIMITS ON FEDERAL COMMERCE POWER |
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Definition
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Term
| Federal law prohibiting possession of a gun in a school zone |
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Definition
Unconstitutional.
US v. Lopez |
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Term
| Two college football players supposedly raped a girl; she was provided a federal civil remedy for gender related crimes |
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Definition
Unconstitutional.
US v. Morrison |
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Term
| Controlled Substances Act attempted to reach to home-grown pot for medicinal use |
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Definition
Constitutional.
Gonzales v. Raich |
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Term
| STATE AUTONOMY (NON-EXISTENT) AND THE ANTI-COMMANDEERING PRINCIPLE |
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Definition
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Term
| Federal wages and hours regulations reached city transit workers |
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Definition
Constitutional.
Garcia v. San Antonio |
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Term
| Federal law that forced states to issue tax-exempt bonds; congress was arguably uninformed on the subject |
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Definition
Constitutional.
South Carolina v. Baker |
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Term
| Federal law allowed AGs to reccomend extended incarceration for "sexually dangerous persons" |
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Definition
Unconstitutional.
US v. Comstock |
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Term
| Federal Nuclear Disposal act of 2009 provided "incentive" to state that it would have to pay for damages dealing with waste disposal... |
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Definition
Unconstitutional
New York v. US |
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Term
| Federal Brady Act wanted local law enforcement to run background checks on handgun purchasers |
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Definition
Unconstitutional.
Printz v. US |
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Term
| Federal law that regulated the disclosure of personal information by DMVs |
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Definition
Constitutional.
Reno v. Condon |
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Term
| Federal law that encouraged city employees to report illegal aliens |
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Definition
Constitutional.
NYC v. US |
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Term
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Definition
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Term
| Guy broke through a dam in DE and sued saying it prohibited interstate commerce |
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Definition
Constitutional.
Wilson v. Black-Bird Creek Marsh Co. |
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Term
| NY Ordinance required entering vessels to report names of passengers |
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Definition
Constitutional.
NY v. Miln |
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Term
| TX restricted the import of LA cattle during a potential for an anthrax breakout |
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Definition
Constitutional.
Smith v. St Louis |
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Term
| MO law prohibited cattle from entering |
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Definition
Unconstitutional
Hannibal RR v. Husen |
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Term
| LA law banned shrimp from being exported unless they had been hulled in LA |
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Definition
Unconstitutional.
Foster-Fountain Packaging v. Haydel |
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Term
| STATE USER FEES AND GENERAL TAXES ON IC |
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Definition
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Term
| Airport attempted to charge "deplaning" fee |
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Definition
Constitutional.
Evansville Vanderburg Airport Authority v. Delta Airlines |
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Term
| There was a $1 tax to leave Nevada |
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Definition
Unconstitutional.
Crandall v. NV |
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Term
| MS taxed out-of-state car producers to make up for the difference in sales tax |
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Definition
Constitutional.
Complete Auto Transit v. Brady |
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Term
| ND taxed in-state sales of a company who sold in-state only through a catalog |
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Definition
Unconstitutional.
Quill Corp v. ND |
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Term
| State wanted to tax a company who only had an internet site in-state |
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Definition
Unconstitutional.
St Taminy Parish v. Barnes and Noble.com |
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Term
| New York wanted to do the same thing, but there were lots of links to the website |
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Definition
Constitutional.
Amazon.com v. New York Treasury |
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Term
| State wanted to tax company who had independent contractors to solicit in-state sales |
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Definition
Constitutional.
Scripto, INc. v. Brady |
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Term
| State wanted to tax company with in-state independent contractors to repair its products |
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Definition
Constitutional
Dell Catalog Sales v. New Mexico |
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Term
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Definition
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Term
| PA Law required out-of-state ships to employ local pilots to navigate through local harbors |
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Definition
Constitutional
Cooley v. Board of Wardens |
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Term
| Law requiring oil tankers to have a tug when coming into the pugent sound |
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Definition
Constitutional.
Ray v. Lan Richfield |
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Term
| GA train safety laws (1 Con / 1 Uncon) |
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Definition
Southern RR v. King
Seaboard Air Line RR v. Blackwell |
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Term
| Law required travel agents to procure a license and post a 1000 dollar bond |
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Definition
Constitutional.
CA v. Thompson |
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Term
| Law restricing the "gold card scam" |
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Definition
Constitutional.
FL Dept of Banking v. Creditcorp |
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Term
| STATE LAWS DISCRIMINATING AGAINST IC |
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Definition
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Term
| Law that denied an auto stage line between Portland and Seattle |
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Definition
Unconstitutional.
Buck v. Kuykendall |
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Term
| Law that restricted 18 Wheelers on certain roads due to fears of congestion |
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Definition
Constitutional.
Bradly v. Public Utiltiies Commission |
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Term
| Law required out-of-state peddlers to obtain a license for peddling similar products as in-state peddlers |
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Definition
Unconstitutional.
Welton v. MO |
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Term
| Law requiring state-grown cantaloupes to be packaged within the state before export |
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Definition
Unconstitutional.
Pike v. Bruce Church |
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Term
| Law requiring alcohol retailers to not charge a higher out of state than in-state |
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Definition
Unconstitutional.
Brown Forman v. NY State Liqour Authority |
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Term
| Law prohibiting the import of waste that comes from out of state |
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Definition
Unconstitutional
Philadelphia v. NJ |
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Term
| Law prohibiting boats over 90 feet from fishing |
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Definition
Unconstitutional.
Atlantic Prince v. Jorling |
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Term
| Law requiring that public utilities use at least ten percent in-state coal |
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Definition
Unconstitutional
Wyoming v. Oklahoma |
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Term
| LA statute giving tax exemptions to businesses using primarily in-state products |
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Definition
Unconstitutional.
Pelican Chapter v. Edwards |
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Term
| Law restricted the sale of beverages in non-returnable bottles |
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Definition
Constitutional.
American Can v. Oregon Liqour |
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Term
| Law preventing the sale of detergents containing phosphates due to fear of red tide |
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Definition
Constitutional.
Proctor and Gamble v. Chicago |
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Term
| Law banning the sale of spray paint where there was fear of grafitti |
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Definition
Constitutional.
National Paint v. Chicago |
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Term
| Law that prohibited minors from buying spray paint making it accessible behind the counter only |
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Definition
Constitutional
Sherwinn Williams v. San Fran |
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Term
| Law prohibiting shipment of cigarrettes to in-state customers |
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Definition
Constitutional
Brown and Williamson v. Petola |
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Term
| Law prohibiting landfills from receiving all kinds of complicated shit (weight, height, etc.) |
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Definition
Unconstitutional
Waste Mngmt v. Gilmore |
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Term
| Law prohibiting the import of out-of-state baitfish due to ecological parisitic concerns |
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Definition
Constitutional.
Maine v. Taylor |
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Term
| Law forbidding the export of in-state minnows |
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Definition
Unconstitutional.
Hughes v. OK |
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Term
| Law taxing only out-of-state waste |
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Definition
Unconstitutional.
Chemical Waste management v. Hunt |
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Term
| Law imposing higher surcharge on the disposal of out-of-state waste |
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Definition
Unconstitutional
Oregon Waste v. Dept of Env Quality |
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Term
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Definition
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Term
| Commuter tax for out-of-state workers |
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Definition
Unconstitutional.
Igoe v. Pitaki |
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Term
| Tax imposed on "transient retailers" |
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Definition
Unconstitutional.
Homer v. Albany |
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Term
| Law that prohibited sale of gift cards with expiration dates |
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Definition
Constitutional
SPGCC v. Blumenthall |
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Term
| Law that said you couldn't own farms or ranches unless the majority of stock was family owned |
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Definition
Unconstitutional
Jones v. Gale |
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Term
| WI law about being admitted to the bar (graduate in state get it automatically) |
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Definition
Unconstitutional
Weismuller v. Kosobucki |
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Term
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Definition
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Term
| Law imposed tax on all sales of milk and gave dairy farmers the benefit |
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Definition
Unconstitutional.
West Lynn Cremery v. Healy |
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Term
| Law that provided tax exemption to non-profits "for the benefit of this state's citizens" |
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Definition
Unconstitutional.
Camps Newfound v. Town of Harrison |
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Term
| Law awarded tax credits to ethanol dealers from out of state only if their state did the same thing |
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Definition
Unconstitutional
Indiana v. Limbach |
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Term
| HOME PROCESSING REQUIREMENTS |
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Definition
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Term
| Ordinance that prohibited distribution of milk purchased outside of the town |
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Definition
Unconstitutional.
Dean Milk v. Madison |
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Term
| Law required sellers of propane to have at least one 18,000 gallon tank within the state |
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Definition
Unconstitutional.
R & M Supply v. Saunder |
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Term
| Law requiring renters to have an agent for service within 25 miles of house |
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Definition
Constitutional
Ewing Citizens for Civil Rights v. Town of Ewing |
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Term
| Ordinance requiring all waste be deposited in a certain facility that the town was soon to buy |
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Definition
Unconstitutional.
C&A Carbone v. Clarkstown |
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Term
| Same thing except where the city actually owns the garbage facility |
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Definition
Constutional.
United Haulers v. Oneida Herkimer Solid Waste Mngmt Authority |
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Term
| Law exempting interest on state-issued bonds |
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Definition
Constitutional.
Department of Revenue of KY v. Davis |
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Term
| MARKET PARTICIPATION DOCTRINE |
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Definition
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|
Term
| Law favoring cars taken to state processors where state was purchasing the scrap |
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Definition
Constitutional.
Hughes v. Alexandria Scrap |
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Term
| Cement plant owned by the state refused to sell to out-ofstate people |
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Definition
Constitutional
Reeves, Inc. v. State |
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Term
| Requirement that construction projects that city funded be employed by at least half local residents |
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Definition
Constitutional
White v. Mass Council of Construction employers |
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Term
| Law requiring timber that the state sold be processed in-state |
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Definition
Unconstitutional.
South Central Timber Develop v. Wunnicke |
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Term
| Law that required state-owned ABC stores sell only in-state wine |
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Definition
Constitutional.
Brooks v. Vasser |
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Term
| City toll bridge used to fund other projects |
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Definition
Constitutional.
Endsley v. City of Chicago |
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Term
| MORE FACIALLY NEUTRAL / DISCRIM LAWS WITH DORMANT CC |
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Definition
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|
Term
| NY law setting minimum milk prices to be paid to producers |
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Definition
Unconstitutional.
Baldwin v. Seelig |
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Term
| IN law requiring out-of-state creditors to have an IN license before collecting debts from its citizens |
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Definition
Unconstitutional.
Midwest Title Loans v. |
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Term
| Mass. milk distributer with three stations in NY was denied a fourth on the basis of "already adequately served" |
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Definition
Unconstitutional.
HP Hood & Sons v. DuMond |
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Term
| IL law restricted horse slaughtering for human consumption |
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Definition
Constitutional.
Cavell Int'l v. Madigon |
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Term
| NC law that required incoming apples from WA be labeled "US Grade" |
|
Definition
Unconstitutional.
Hunt v. WA State Apple Advertising |
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Term
| Law requiring flourescent lights containing mercury be labeled "disposed of as hazardous waste" |
|
Definition
Unconstitutional.
National Elec Manuf v. Sorrel |
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Term
| City code that required calorie content to be listed on menus |
|
Definition
Constitutional.
NY State Restaurant Assoc. v. NYC |
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Term
| City ordinance restriceted peddlers from going door to door unless they had homeowners permission. |
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Definition
Con.
Greerd v. City of Alexandria |
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Term
| HW statute exempted tax on locally made liqour |
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Definition
Uncon.
Baachus Imports v. Dias |
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Term
| MD law prohibited petroleum producers from operating local retail service stations |
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Definition
Con.
Exxon Corp v. Gov of Maryland |
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Term
| FL law prohibited out of state banks from having local advisory businesses |
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Definition
Con.
Lewis v. BT Investment Managers |
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Term
| CA ordinance that prohibited stores exceeding 100,000 square feet with a 5% grocery section from being built |
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Definition
Con.
Wal Mart v. City of Turlock |
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Term
| Ordinance prohibited chain retail stores from opening to "protect small town characteristics" |
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Definition
Uncon.
Island Silver and Spice v. Village of Islands |
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Term
| CA law limited the number of homes that could be built a year |
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Definition
Con.
Construction Industry v. Petaluma |
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Term
| Peurto Rico statute required new businesses to have a certificate to show that the area was not already adequately served |
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Definition
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Term
| Mass Statute allowed only small wineries producing less than 30,000 gallons a year to ship directly to customers |
|
Definition
Uncon.
Family Wine Makers of CA v. Jenkins |
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Term
| MN law banned the retail of milk in plastic containers, but permitted sale in pulpwood containers |
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Definition
Con.
MN v. Clover Leaf Creamery |
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Term
| TRANSPORTATION REGULATION AND DORMANT CC |
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Definition
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|
Term
| Iowa law prohibited the use of 65ft trucks on state highways |
|
Definition
Uncon.
Kassel v. Consolidated Freightways Corp. |
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Term
| Penn law that didn't allow trucks in that did not have an up to date safety sticker |
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Definition
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Term
| NJ law required out of state trucks to use interstate system only unless stopping for fuel rest or food |
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Definition
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|
Term
| Law limted train length to 14 passengers of 70 freight cars in state |
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Definition
Uncon.
Southern Pac Co v. AZ |
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Term
| Law required curved mudflaps when 45 other states required straight mudflaps |
|
Definition
Uncon.
Bibb v. Navajo Freight Lines |
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|
Term
| PRIVILEGES AND IMMUNITIES OF ART. 4 |
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Definition
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|
Term
| VA law prohibited out of state insurance companies from operating in VA |
|
Definition
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|
Term
| NJ law prohibited vessels from raking oyster beds unless owned by a NJ citizen |
|
Definition
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|
Term
| Law required a substantially higher licensing fee for out of state fisherman |
|
Definition
Uncon.
Toomer v. Wintzell |
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Term
| Ordinance required at least 40% of contractors to be local residents |
|
Definition
Uncon.
United Building and Construction Trades v. Mayor and Council of Camden NJ |
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Term
| NH law limited bar admission to state residents |
|
Definition
Uncon.
Supreme Court of NH v. Piper |
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|
Term
| Alaska law required residents to be preferred over non-residents for pipeline jobs |
|
Definition
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|
Term
| NV law required insurance adjusters to live within 50 miles of the NV border |
|
Definition
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|
Term
| NY law provided residents only with tax deductions for divorce and alimony |
|
Definition
Con.
US State Tax Commission |
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|
Term
| Law prevented licensed gun carrier from VA from carrying his gun into NY |
|
Definition
|
|
Term
| Ordinance required city employees to live within the city limits |
|
Definition
Con.
Salem Blue Collar Workers v. City of Salem |
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|
Term
| Law provided primary residents with tax exemptions on their homes |
|
Definition
|
|
Term
| MT statute charged out of state hunters higher than in state hunters |
|
Definition
Con.
Baldwin v. Montana Game and Fish Commission |
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|
Term
| Residency requirements for college tuition |
|
Definition
|
|
Term
|
Definition
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|
Term
| LA law gave a corporation the exclusive rights to operate butcher facilitities in NO |
|
Definition
Con.
Slaughterhouse Cases |
|
|
Term
| CA law that restricted newly arrived welfare recipients to the amount they were receiving in their former state |
|
Definition
|
|
Term
| Durational residency requirement for welfare benefits |
|
Definition
Uncon.
Shapiro v. Thompson |
|
|
Term
| AZ law required one year residency for indigents before they could receive non-emergency care |
|
Definition
Uncon.
Memorial Hospital v. Maricopa County |
|
|
Term
| One year residency requirement to obtain a divorce |
|
Definition
|
|
Term
| Sex offender law that prohibited persons from living within 2000 feet of a school; some cities this prevented living anywhere |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Retarded men forced to work on a dairy farm with no pay |
|
Definition
|
|
Term
| FL law required all "able bodied men" to work on the road for five days |
|
Definition
|
|
Term
| Mandatory public service to graduate high school |
|
Definition
Con.
Immomito v. Ryan School Dist. |
|
|
Term
| Requirement for Civilly Committed persons to help keep institution grounds |
|
Definition
|
|
Term
| SUBSTANTIVE DUE PROCESS AND ECONOMIC LIBERTIES |
|
Definition
|
|
Term
| Court embraced the natural law tradition |
|
Definition
|
|
Term
| IL law set the maximum rate that grain elevators could charge |
|
Definition
|
|
Term
| Corporations are person for purposes of 14th amend sdp |
|
Definition
| Santa Clara County v. Southern Pac RR |
|
|
Term
(skipping MUGLER, ALLGEYER, LOCHNER, NEW STATE ICE AND ADKINS)
NY statute fixed minimum and maximum milk prices |
|
Definition
|
|
Term
| WA law set minimum wages for women |
|
Definition
Con.
West Coast Hotel v. Parrish |
|
|
Term
Federal law that prohibited the shipment of "filled" milk
|
|
Definition
Con.
US v. Carolene Products |
|
|
Term
| Law that prohibited opticians from fitting lenses |
|
Definition
Con.
Williamson v. Lee Optical |
|
|
Term
| Law that allowed only lawyers to engage in debt adjustment |
|
Definition
|
|
Term
Law restricting anyone but undertakers from selling coffins
Law restricting anyone but funeral directors from selling coffins |
|
Definition
Con. Powers v. Harris
Uncon. Craigmiles v. Giles |
|
|
Term
| No scientific basis for garbage dumping law; smelled as bad as a dead fish |
|
Definition
Uncon.
WMX Technology v. Gaspinade County |
|
|
Term
5TH AMEND TAKINGS
DC law authorized the taking of public property for the purpose of redeveloping blighted urban areas |
|
Definition
|
|
Term
| HW law used land reform act to solve the problem of concentrated feudal land ownership |
|
Definition
Con.
HW Housing Authority v. Midkiff |
|
|
Term
| CT condemned private homes to build luxury condos for a pharmaceutical plant |
|
Definition
Con.
Kelo v. City of New London |
|
|
Term
| Attempt to condemn black neighborhood for installation of a new GM plant |
|
Definition
Uncon.
Poletown Council v. Detroit |
|
|
Term
| Attempt to condemn neighboring property to build a parking lot for a race track |
|
Definition
Uncon.
SW IL Develop Authority v. Nat'l City Env |
|
|
Term
| Guy wanted to build a new stadium for the nets; condemned apartment buildings |
|
Definition
|
|
Term
| 5th AMEND REGULATORY TAKINGS |
|
Definition
|
|
Term
| Kohler Act prohibited mining beneath homes in a way that will destroy the structure under the homes |
|
Definition
Uncon.
Penn Coal v. Mahon |
|
|
Term
| VA law provided for the destruction of cedar trees that were communicating diseases to nearby apple orchards |
|
Definition
|
|
Term
| SWAT did 100,000 dollars worth of damage to a store to stop a robbery |
|
Definition
Constitutional.
Customer Co v. City of Sacramento |
|
|
Term
| Military destroyed oil company's tanks in anticipation of Jap invasion |
|
Definition
|
|
Term
| Police chief cut off power to flush out radicals during WTO protest, led to loss of business |
|
Definition
Constitutional.
Scitolli v. Seattle |
|
|
Term
Ordinance restricted use of "signs"
|
|
Definition
Con.
Red Roof Inn v. City of Ridgeland MS |
|
|
Term
| Regulation affected only 2% of coal mining |
|
Definition
Con.
Keystone Bituminous Coal Assoc. v. Debnedictis |
|
|
Term
| Law that deemed Grand Central Station a landmark and required owner to renovate |
|
Definition
Con.
Penn Central Transportation v. NYC
|
|
|
Term
| Developer submitted 19 plans for construction that were all rejected due to some plan to "protect a butterfly" |
|
Definition
Uncon.
City of Monteray v. Del Monte |
|
|
Term
| Substantially Advanced... what else |
|
Definition
|
|
Term
| HW law prevented interstate oil companies from buying independent stations |
|
Definition
|
|
Term
| Law required filling stations to have free compressed air; taking of air tank company? |
|
Definition
Con.
Massingill v. Dept of Food and Ag |
|
|
Term
| Zoning diminished value for potential sales to factory owners |
|
Definition
Con.
Euclid v. Amber Realty |
|
|
Term
| Zoning transformed an area full of industry into a residential zone |
|
Definition
Uncon.
Nectow v. Cambridge |
|
|
Term
| Zoning requirement that all houses be on a one acre minimum lot |
|
Definition
Con
Rowlette 2000 v. City of Rowlette |
|
|
Term
| Law required landlords to permit cable companies to install cable |
|
Definition
Uncon.
Loretto v. Teleprompter Manhattan CATV |
|
|
Term
| Law that required all cabs to have GPS and credit card machines |
|
Definition
Con.
Alexander v. NYC Taxi |
|
|
Term
|
Definition
|
|
Term
| Law requiring hospitals to provide free medical care to indigents |
|
Definition
Con.
Franklin Memorial Hospital v. Hardin |
|
|
Term
| Law requiring scrap dealers to "tag" scrap where copper theft was up 800 percent |
|
Definition
Con.
TN Scrap Recyclers v. Bredson |
|
|
Term
| Denial of a permit to build a home in a historical district |
|
Definition
Con.
Collins v. Town of Carver |
|
|
Term
| Ordinance that required businesses to maintain city sidewalks |
|
Definition
|
|
Term
| SC anti-erosion law barred rection of structures on beach property |
|
Definition
Uncon.
Lucas v. South Carolina Coastal Council |
|
|
Term
| Safety reg prvented a man from mining a sand and gravel pit he had for thirty years |
|
Definition
Con.
Goldblatt v. Hempstead |
|
|
Term
| Outlawing the sale of eagle feathers |
|
Definition
|
|
Term
| Area rezoned to residential after P bought property to build a shopping center on |
|
Definition
Con.
Nogrey v. Town of Brookhaven |
|
|
Term
| Factory was zoned out causing a 92% diminution in value |
|
Definition
Con.
Attacheck v. Sebastion |
|
|
Term
| Party must be compensated for the time the regulation was in effect |
|
Definition
| First Evangelical Lutheran Church v. LA County |
|
|
Term
| Parties can challenge restrictions existing prior to their ownership; but not ones inherent in the title |
|
Definition
|
|
Term
| Temporary development bans |
|
Definition
Evaluated on adhoc basis under Penn Central
Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency
Bird v. City of Hartsville |
|
|
Term
| CA conditioned developer's building on an easement allowing people to view the beach |
|
Definition
Uncon.
Nollan v. California Coastal Commission |
|
|
Term
| City conditioned store expansion ont he deciation of a portion of the property to a bike path, flood control and green space |
|
Definition
Uncon.
Dolan v. City of Tigard |
|
|
Term
| Condition on gas station expansion that the owner provide ten foot margins on each side of property to widen highway |
|
Definition
Uncon.
Aamco v. Shamsburg, IL |
|
|
Term
|
Definition
|
|
Term
| In the face of fraudulent land grants, GA legislature attempted to annul prior contracts |
|
Definition
|
|
Term
| Law that applied bankruptcy debt relief retroactively |
|
Definition
Uncon.
Struges v. Crowninshield |
|
|
Term
| Laws may apply to contracts made after the state law was enacted, but cannot interfere with persons' prior contractual obligatoins |
|
Definition
|
|
Term
| State chartered a company to operate a toll bridge but then allowed a nother company to create a free bridge |
|
Definition
| Charles River Bridge v. Warren Bridge |
|
|
Term
| MS chartered a lottery then later passed a statute prohibiting lotteries |
|
Definition
|
|
Term
| City ordinance regulated RR speeds and therefore interfered with some of the RR's contracts |
|
Definition
Con.
Atlantic Coast RR v. City of Goldsboro NC |
|
|
Term
| Morgage Moratorium law interfered with lenders' rights to forclose during the great depression |
|
Definition
Con.
Home Building & Loan Ass'n v. Blaisdel (MN) |
|
|
Term
| TX violated its own contracts when it found out land it had given away had oil on it |
|
Definition
|
|
Term
| NJ violated its obligation not to use bond proceeds to support RR passenger services |
|
Definition
Uncon.
US Trust Co. v. NJ |
|
|
Term
| Law delayed payroll checks to state employees in order to save money |
|
Definition
Unconstitutional.
U of Hawaii Assembly v. Cayteno |
|
|
Term
| MN act designed to get more money out of a compnay that was moving to OH through pension payments |
|
Definition
Uncon.
Allied Structural Steel v. Spannaus |
|
|
Term
| AL law increased oil taxes but prohibited oil companies from passing the increase along to the consumer |
|
Definition
|
|
Term
| AZ law exempted debtor IRAs from bankruptcy proceedings |
|
Definition
|
|
Term
| Substantive Due process argument for when the fed government interferes with contracts |
|
Definition
|
|
Term
SUBSTANTIVE DUE PROCESS
THE RIGHT TO BODILY INTEGRITY
|
|
Definition
|
|
Term
| Law required everyone to be vaccinated for smallpox upon entering the country |
|
Definition
|
|
Term
| Law required motorcyclists to wear helmets |
|
Definition
|
|
Term
| Law restricted cell phone use while driving |
|
Definition
|
|
Term
| TX prohibited the use of acupuncture |
|
Definition
Uncon.
Andrews v. Ballard |
|
|
Term
| Ban of experimental drugs even for cancer patients |
|
Definition
|
|
Term
| No con right to unapproved experimental drugs |
|
Definition
| Abigail Alliance v. Eschenbauch |
|
|
Term
| Judge sexually harassed females |
|
Definition
|
|
Term
| Cop thought that a man having a diabetic fit was drunk and forcefully arrested him |
|
Definition
|
|
Term
Prison guards beating up on inmate; supervisor says "don't have too much fun"
|
|
Definition
Uncon.
Hudson v. McMillion
Wilkins v. Gatty? |
|
|
Term
| Drug testing for RR workers |
|
Definition
|
|
Term
| Drug testing for high school students involved in extracurricular activites |
|
Definition
Con.
Board of Education v. Earls |
|
|
Term
| Drug would have made insane guy fit for trial |
|
Definition
Con. if major crime
Cell v. US |
|
|
Term
| Crackwhore gives birth and her blood sample is turned over to the cops |
|
Definition
Uncon.
Ferguson v. City of Charlston |
|
|
Term
| Drug testing for AG and Governor candidates |
|
Definition
|
|
Term
| Mandatory DNA testing for convicted felons |
|
Definition
|
|
Term
| Drug testing for welfare recipients |
|
Definition
|
|
Term
|
Definition
|
|
Term
| PARENTS' RIGHTS TO RAISE CHILDREN |
|
Definition
|
|
Term
| Law banned the teaching of german by parents and teachers |
|
Definition
|
|
Term
| Law required kids to attent public schools |
|
Definition
Uncon.
Pierce v. Society of Sisters |
|
|
Term
| Standardized test requirements for home-schooled students |
|
Definition
Con.
Nole v. Board of Education |
|
|
Term
| Amish families want to remove their children from school after the eighth grade |
|
Definition
|
|
Term
| Jehovas Witnesses Compelled to salute the flag |
|
Definition
Uncon.
Minorsville School Dist. v. Bovitus |
|
|
Term
| Schools cannot compel students to salute the flag |
|
Definition
|
|
Term
| Law that required students to have parental permission before refusing to salute the flag |
|
Definition
Con.
Fraser v. Alexandria |
|
|
Term
| Parental notification to salute the flag unconstitutional in 3rd Circuit |
|
Definition
| Circule Schools v. Peppert |
|
|
Term
| Required "diversity training" in high school |
|
Definition
Con.
Morrison v. Board of Education |
|
|
Term
| Violation of child labor laws to use children in religous solicitation? |
|
Definition
|
|
Term
| NYC law that required children to be removed from the home when they are "present" for domestic abuse |
|
Definition
Uncon.
Nicholson v. Scarpetta |
|
|
Term
|
Definition
|
|
Term
| Law that did not allow parents to consent to curfew extensions |
|
Definition
Uncon.
Anonymous v. Rochester NY |
|
|
Term
| Law that allowed parents to commit their children to mental institutions involuntarily |
|
Definition
|
|
Term
| Fathers of illegitimate children have Pierce rights |
|
Definition
|
|
Term
| Father granted custody based on the fact that mother lived in an unmarried household |
|
Definition
Uncon.
Jarrett v. Jarrett |
|
|
Term
| Mother living with lesbian lover and doing it in front of the kid; custody granted to father |
|
Definition
|
|
Term
| Mother got rid of child while father was in Afghanistan |
|
Definition
|
|
Term
| Lesbian mother helped bring up the child; got custody even though she wasn't the real mother in the in vitro tango |
|
Definition
Con.
In Re Custody of HSH |
|
|
Term
| 11th Circuit upheld FL statute preventing gay couples from adoptin |
|
Definition
Laughlin v. Commission of Public Health
In Re Adoption of John Doe? |
|
|
Term
|
Definition
|
|
Term
| OK law compelled sterilization after third felony of "moral terpitude" |
|
Definition
Uncon.
Skinner v. Oklahoma |
|
|
Term
| Prisoner not allowed to jerk off in a bottle and mail it to his wife |
|
Definition
Con.
Gerber v. Hickman (also Turner v. Safely) |
|
|
Term
|
Definition
|
|
Term
| Law banned contraceptives for married couples |
|
Definition
|
|
Term
| Parents had threesomes while kid watched |
|
Definition
|
|
Term
| Law prohibited the distribution of contraceptives to non-married persons; Boston U student got some vaginal foam |
|
Definition
Uncon.
Eisenstadt v. Baird |
|
|
Term
| Contraceptive rights to juveniles |
|
Definition
| Carey v. Population Services |
|
|
Term
|
Definition
|
|
Term
| Trimester framework rejected; undue burden / substantial obstacle test adopted |
|
Definition
Roe v. Wade
Planned Parenthood v. Casey |
|
|
Term
| MT law that said only doctors can do abortions, excluding midwives |
|
Definition
Con.
Mazurick v. Armstrong |
|
|
Term
| Law required midwives to have 1800 hours of instruction under a supervisor before doing abortions |
|
Definition
Con.
Samon v. NJ Board of Medical Examiners |
|
|
Term
| In Vitro fertilization contract provided that the woman using the man's sperm would never seek child support |
|
Definition
Uncon.
Ferguson v. McKinneth |
|
|
Term
| Public health clinic gave woman the "morning after" pill when she found out she was pregnant; no coercion present |
|
Definition
Con.
Anspach v. City of Philly |
|
|
Term
| Guidance counselor arranged for student abortion without telling parents |
|
Definition
Uncon.
Arnold v. Board of Education |
|
|
Term
| Swimming coach threatened to kick girl off the team if she didn't take a pregancy test |
|
Definition
|
|
Term
| DARE found out from student that his parents were smokin pot; raid on parents' house |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Program that tracked persons that were prescribed certain drugs; exteremely limited access |
|
Definition
|
|
Term
| Open season on law students for bar examiners |
|
Definition
Con.
Law Students Civil Rights Council v. Weidman |
|
|
Term
| Divulgence of information with aids examination? |
|
Definition
|
|
Term
| Lie detector test for woman applying for police job where she was asked about sexual relations, abortions, etc. |
|
Definition
Uncon.
Born v. City of El Segundo |
|
|
Term
| Background check asked to divulge any "negative information" including sodomy, carnal knowledge, abusive language, etc. |
|
Definition
|
|
Term
| Press conference where D claimed "prosecutor can't be trusted due to a brain tumor" |
|
Definition
Uncon.
Newberger v. Gorman |
|
|
Term
|
Definition
|
|
Term
| VA ban on interracial marriage |
|
Definition
Uncon.
Loving v. Virginia |
|
|
Term
| Law prohibiting persons from marrying if they had delinquent child support payments |
|
Definition
Uncon.
Zablocki v. Redhail |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| Law that reduced social security payments when persons got married |
|
Definition
|
|
Term
| Denial of workman's comp benefits depending on wife's income |
|
Definition
|
|
Term
| Law prohibiting married couples from working in the same police dept |
|
Definition
|
|
Term
| Law prohibiting sex offenders from living within a thousand feet of their victims, where offender and victim wanted to marry |
|
Definition
|
|
Term
| Woman's fiance was killed by an assasination squad due to his CIA duties |
|
Definition
Con.
Harborough v. Deutch |
|
|
Term
| Mass restricted gays from coming in to marry and then going back to their other state |
|
Definition
Con.
Whitaker v. Dept of Public Health |
|
|
Term
| Gay marriage not "deeply rooted in nation's history and tradition" |
|
Definition
|
|
Term
| All states except NJ hold you to your birth certificate regardless of sex change |
|
Definition
|
|
Term
| Law prohibited inmates from marrying |
|
Definition
|
|
Term
| No right to polygamous marriages |
|
Definition
Hernandez v. Caughin
Reynolds v. US
Bronson v. Swinson |
|
|
Term
| RIGHTS OF THE FAMILY DYNAMIC, ETC. |
|
Definition
|
|
Term
| Law prohibiting certain kinds of relatives (grandchildren, nephews, etc.) from living with each other |
|
Definition
Uncon.
Moore v. City of East Cleveland |
|
|
Term
| Law that restricted unlerated groups from a village through a zoning restriction in a college town |
|
Definition
Con.
Belle Terre v. Boras |
|
|
Term
| Grandparents wanted visitation rights with grandkid; parents objected, but court granted visitation anyway |
|
Definition
Uncon.
Troxel v. Granville |
|
|
Term
| Law established rebuttable presumption that children born within wedlock were legitimate; "homewrecker" visitation not necessarily protected |
|
Definition
Con.
Michael H. v. Gerard D. |
|
|
Term
| Smoking ban in restaurants |
|
Definition
|
|
Term
| Affadavit asserting that you hadn't smoked in a year for federal employment |
|
Definition
|
|
Term
| Anti-gang ordinance prohibited "loitering" |
|
Definition
Uncon.
Chicago v. Morales |
|
|
Term
| Law that provided for banishment from "drug exclusion zones" if arrested for drug offenses |
|
Definition
Uncon.
Johnson v. Cincinatti |
|
|
Term
| Ordinance criminalized "cruising around the square" between certain hours |
|
Definition
Con.
Lutz v. City of York |
|
|
Term
| Right to intrastate travel for juveniles |
|
Definition
|
|
Term
| Guy banished from county for molesting 11 year old neighbor; rubbed her shoulders in teh shower |
|
Definition
|
|
Term
| Sex offender could not live within 2000 feet of school; made some cities unlivable |
|
Definition
|
|
Term
| Sex offender banned from the park |
|
Definition
|
|
Term
| "As the crow flies" method used for distances from schools parks etc. with sex offenders |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Cops bust in on two guys doin it |
|
Definition
|
|
Term
| TX ban on "obscene devices" |
|
Definition
Uncon.
Reliable Consultant v. Earl |
|
|
Term
| Military's "don't ask don't tell" policy |
|
Definition
|
|
Term
| Law felonized "being" a narcotic addict |
|
Definition
|
|
Term
| Convictions of public drunkenness |
|
Definition
|
|
Term
| Underage drinkers brought to police station confess to being gay; suicide? |
|
Definition
| Sterling v. Bureau of Minorsville |
|
|
Term
| Cop forced lesbian cheating on her boyfriend to ride with boyfriend; |
|
Definition
Uncon.
Stimler v. City of Florence |
|
|
Term
| Teacher was fired because she was a lesbian |
|
Definition
Uncon.
Beale v. London School District |
|
|
Term
| Does freedom of association override discrim against homosexuals? |
|
Definition
| Christian Legal Society v. Martinez |
|
|
Term
| After prop 8 can gay couples still get domestic benefits? |
|
Definition
|
|
Term
| Full faith and credit cluase of art 4 used to allow gay couple who moved to Ok to maintain their adoption |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Woman in persistent vegitative state for seven years; prior to accident had said "she wouldn't want to live as a vegetable" |
|
Definition
| Cruzan v. Missouri Dept of Public Health |
|
|
Term
|
Definition
|
|
Term
| Parents wanted to kill their kid who could still communicate and play video games |
|
Definition
Uncon.
Application of Gianelli |
|
|
Term
| Prison force fed prisoner on hunger strike |
|
Definition
|
|
Term
| But in CA, they said "let the quadrapolegic starve himself" |
|
Definition
Con.
Thorn v. Superior Court |
|
|
Term
| No fundamental right to suicide |
|
Definition
Washington v. Glucksburg
Vacco v. Quill (could not have assisted suicide but could refuse life saving treatment) |
|
|
Term
PROCEDURAL DUE PROCESS
RIGHT TO A HEARING - PROPERTY INTERESTS
|
|
Definition
|
|
Term
| Welfare recipient not granted an evidentiary hearing when benefits were terminated |
|
Definition
|
|
Term
| Non-tenured professor was not granted a hearing when his contract was not renewed |
|
Definition
|
|
Term
| Teacher did have due process claim for not being retained...? |
|
Definition
|
|
Term
| Wrecker service provider not granted hearing when sheriff set up ad hoc rotation scheme for wrecker trucks |
|
Definition
Con.
Morely Auto Body v. Hunter |
|
|
Term
| Contract disclaimed hearing for dismissals where hearings would otherwise be granted |
|
Definition
|
|
Term
| Cop's contract said "permanent city employee" but was fired "at the pleasure of the city" |
|
Definition
|
|
Term
| Being terminated for "conduct not becoming of an officer" is not unconstitutionally vague |
|
Definition
|
|
Term
| "Statute was clear" that any offense against any minor constituted a sexual offense |
|
Definition
|
|
Term
| While state law is the source for property rights, the procedures listed in the state law are not necessarily sufficient to fulfill constitutional requirements of procedure |
|
Definition
| Cleaveland Board of Ed v. Loudermill |
|
|
Term
| Estranged husband murdered three children then shot at police station; wife not entitled to property right concerning TRO |
|
Definition
Con.
Town of Castle Rock v. Gonzales |
|
|
Term
|
Definition
|
|
Term
| Social workers refused to take kid from abusive father who eventually caused brain damage |
|
Definition
Con.
Deshaney v. Winnebago Dept of Social Services |
|
|
Term
| Cop made lesbian ride home with jealous boyfriend |
|
Definition
Uncon.
Stimler v. City of Florence |
|
|
Term
| Infant removed from home by social services was passed around 9 foster homes and was sexually abused, all known by the social workers |
|
Definition
|
|
Term
| Child removed from home because father's friend was pedophile; child returned knowing the pedophile was still around |
|
Definition
|
|
Term
| School let kid be picked up by uncle pedophile even though the parents specifically asked them not to |
|
Definition
Con.
Doe v. Hillsborough School District |
|
|
Term
| Sexual assault occured at the school for the blind |
|
Definition
|
|
Term
| Coach let kid lay face down in the 110 degree heat and said "have fun" and the kid died |
|
Definition
Con.
Robenti v. Pasadena School District |
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Term
| RIGHT TO A HEARING: LIBERTY INTERESTS |
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Definition
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Term
| Statute allowed sherriff to post names of "known alcoholics" |
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Definition
Uncon.
Wisconsin v. Constantino |
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Term
| Police distributed fliers saying guy was a frequent shoplifter |
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Definition
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Term
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Definition
can be uncon.
Hill v. Borough of Kutsen |
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Term
| DA beat up courtroom deputy, caused her to miss work for three months, and later defamed her at a press conference |
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Definition
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Term
| New employer obtains damaging information from former employer |
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Definition
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Term
| Sex offender on register brings suit saying he won't be able to attend a job |
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Definition
Con.
CT Dept of Public Service v. Doe |
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Term
| Guy placed on child abuse list, even though he didn't do it, and then not able to adopt |
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Definition
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Term
| RIGHT TO A PRE-TERMINATION HEARING |
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Definition
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Term
| No pretermination hearing granted for termination of disability benefits |
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Definition
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Term
| NY register of child abusers required only "credible evidence that you are child abuser" |
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Definition
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Term
| Law did not grant hearing for towing of illegally parked cars |
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Definition
Con.
Sutton v. City of Milwaukie |
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Term
| GA law required you to post bond if you were uninsured; basically presumed accident was your fault |
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Definition
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Term
| Law automatically supsended license after three speeding convictions in ten years |
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Definition
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Term
| Prisoners not granted hearing for loss of "good time" or for solitary confinement |
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Definition
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Term
| No hearing granted for prisoners going next door to mental facility for shock treatment |
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Definition
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Term
| Electiricty turned off due to bill dispute without hearing |
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Definition
Uncon.
Memphis Light Gas and Water v. Greene |
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Term
| Kid suspended for being a prick, got no hearing |
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Definition
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Term
| Jewish med student terminated; her only hearing was "you suck" |
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Definition
Con.
Board of Curators v. Horrowitz |
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Term
| P selling spoiled meat and was not granted hearing before meat was confiscated |
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Definition
Con.
North American Coal Service v. Chicago |
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Term
| A presumption of guilt for potential child abusers; "not unfounded" that they are a child abuser |
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Definition
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Term
| University cop found in possession of drugs; not granted pre-termination hearing |
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Definition
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Term
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Definition
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Term
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Definition
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Term
| Literacy test for jury duty |
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Definition
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Term
| Law that prohibited just about every chinese person from operating a laundromat in san fran |
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Definition
Uncon.
Gomillion v. Lightfoot |
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Term
| Seperate but equal inherently unequal |
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Definition
| Brown v. Board of Ed / BROWN II - all delivered speed means fuck-all |
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Term
| Equal Protection cases against the federal government are brought via the 5th Amendment |
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Definition
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Term
| Law regulating child custody based on interracial marriages or relationships |
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Definition
Uncon.
Palmore v. Sidotti |
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Term
| Segregation of prisoners in order to quell gang violence |
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Definition
Uncon.
Johnson v. California |
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Term
| Internment of the Japanese during WWII |
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Definition
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Term
| EQUAL PROTECTION AND ARRESTS/ PROSECUTION |
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Definition
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Term
| Prosecution for crack cocaine affects 95% blacks |
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Definition
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Term
| Law that prohibited gambling debtors from having barricaded rooms affected only chinese |
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Definition
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Term
| Prosecution of a muslim terrorist |
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Definition
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Term
| Group of Mexican Americans claimed equal protection violation where they saw a road block and high tailed it and then were arrested |
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Definition
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Term
| Gay students claimed harrassment; school didn't help; they did help other groups who claimed harrassment though |
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Definition
Uncon.
Florence v. Unified Hill School District |
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Term
| DISPARATE IMPACT / DISCRIM PURPOSE / EMPLOYMENT SHIT |
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Definition
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Term
| Civil service test to be a cop in DC |
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Definition
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Term
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Definition
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Term
| TX program took money from an AFDC mostly black program and gave it to a mostly white progam |
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Definition
Con.
Jefferson v. Hackman |
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Term
| Promotion test for fire department was 60% written |
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Definition
Con?
Rikki v. Destephanon |
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Term
| Civil service test for firemen |
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Definition
Uncon.
Dean v. Shreveport |
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Term
| People protested having their area zoned for public housing |
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Definition
| Arlington Heights v. Metropolitan Housing |
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Term
| "At large" voting, as opposed to normal representation system, used to keep blacks from voting |
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Definition
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Term
| City consolidated the black population by building public housing and schools in one area |
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Definition
Uncon.
US v. Yonkers, NY Board of Education |
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Term
| school teacher is fired; he had molested a girl, but also said “the school board sucks,” and claimed his 1st amendment rights were violated; but there was an independent basis (the molestation) for firing him |
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Definition
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Term
| AL Constitutional convention tried to say their law was going after white trash as well as blacks |
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Definition
Uncon.
Hunter v. Underwood |
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Term
| State prevents felons from voting |
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Definition
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Term
| 30 % "set aside" program for minorities on construction jobs where there was no showing of past discrimination |
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Definition
Uncon.
Richmond v. JA Croson |
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Term
| Federal law 10% set aside program for US Road Contruction |
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Definition
Con?
Adarand Constructers v. Pena |
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Term
| Michigan law school preferred non-whites |
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Definition
Con.
Grutter v. Bollinger |
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Term
| But automatic 20 points on college app for being non white |
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Definition
Uncon.
Gratz v. Bollinger |
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Term
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Definition
Uncon.
Parents involved in community schools v. Seattle School Dist. |
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Term
| Mayor transferred fire fighters around to achieve "diversity" |
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Definition
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Term
| Similar program for police |
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Definition
Would be con, but mayor can't just "order it so" without showing proportions, etc.
Hays v. North State Law Enforcement |
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Term
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Definition
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Term
| Law required administrators of estates not be women |
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Definition
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Term
| Servicewomen were not getting the same payments that servicemen were in the military |
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Definition
Con.
Frontiero v. Michigan |
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Term
| Law discriminated regarding the drinking ages of men and women |
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Definition
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Term
| Utah law discriminated between men and women concerning child support payments |
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Definition
Uncon.
Stanton v. Stanton |
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Term
| MS nursing school had a women only policy |
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Definition
Uncon.
MS U for Women v. Hogan |
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Term
| Gender based preemptory challenges for jurors |
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Definition
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Term
| Military academy had a men-only policy |
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Definition
Uncon.
US v. Virginia (VMI) |
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Term
| Law allowed only male strip joints on time square |
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Definition
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Term
| School policy made girls' sports teams use appropriate field off- season |
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Definition
Uncon.
Communities for Equity v. Igen High School |
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Term
| Law allowed men but not women to go topless |
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Definition
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Term
| Statute removed pregnancy from the list of disability-eligible conditions |
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Definition
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Term
| Law that punished only males for engaging in statutory rape |
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Definition
Con.
Michael M. v. Superior Court |
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Term
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Definition
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Term
| Law granted the mother but not father of illegitimate child to block adoption |
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Definition
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Term
| Law treated mothers and fathers differently depending on who was or was not the citizen in illegitimate child cases |
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Definition
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Term
| Law preferred veterans for jobs, 98% of whom were male |
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Definition
Con.
Personnell Administrator of Mass v. Feeney |
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Term
| Law provided SS benefits to widows but not widowers |
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Definition
Uncon.
Weinberger v. Weisenfield |
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Term
| Widow / widower distinction where widower had to show need but widow did not |
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Definition
Uncon.
Califano v. Goldfarb |
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Term
| Widow / Widower SS distinction where there was evidence of past discrim |
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Definition
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Term
| Deferential rationality standard for promotion differences in the navy |
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Definition
Con.
Schlesinger v. Ballard |
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Term
| County public works department with no history of past discrim wanted to make up for discrim "in their area of the country" |
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Definition
Con.
Johnson v. Santa Clara County |
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Term
| EQUAL PROTECTION AND ALIENS |
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Definition
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Term
| Law said aliens can't be lawyers |
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Definition
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Term
| Laws that restricted civil service positions (policy making low review/ normal positions high review) |
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Definition
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Term
| Aliens excluded from being teachers and policement |
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Definition
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Term
| Federal Five year residency before aliens could get medicare |
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Definition
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Term
| CA law felonized the employment of illegal aliens |
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Definition
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Term
| Law prohibited illegal aliens from having drivers' licenses |
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Definition
Con.
John Doe v. GA Dept of Public Safety |
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Term
| Law required evidence of citizenship before renting |
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Definition
Uncon.
Villas of Parkside v. City of Farmer's Branch |
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Term
| LA law prohibited "driving without lawful presence" |
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Definition
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Term
| 40% mexicans were summoned for jury duty in a 80% mexcican town |
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Definition
Uncon.
Cassinita v. Partita |
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Term
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Definition
| Cleburne v. cleburne living center |
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Term
| Jefferson parish zoned out a home for alzheimer patients |
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Definition
Con?
Groom Resource v. Jefferson Parish |
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Term
| KY law for the civil commitment of retarded person |
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Definition
Con.
Heller v. Doe by Doe |
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Term
| Law zoned out a halfway house for violent offenders |
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Definition
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Term
| Law required highway patrol to retire at 50 |
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Definition
Con.
Mass Bd of Retirement v. Murgia |
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Term
| Law prohibited the building of cheap public housing |
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Definition
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Term
| CO law prevented states and cities from giving protetion to gays as far as employment goes |
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Definition
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Term
| NY law prevented advertising other companies on trucks |
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Definition
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Term
| Law denied food stamps to hippies |
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Definition
Uncon.
US Dept of Ag v. Moreno |
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Term
| Law prohibited people on methadone from working for city tranit |
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Definition
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Term
| Tax applied to people with different types of homes |
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Definition
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Term
| MD statute gave money to mothers "until the fourth child" |
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Definition
Con.
Dandridge v. Williams |
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Term
| TX law discriminated with funding of schools |
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Definition
Con.
San Antonio Sch Dist v. Rodrigquez |
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Term
| Law prevented children of immigrants from going to school altogether |
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Definition
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Term
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Definition
| Village of Willowbrook v. Olech |
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