Friday, May 27, 2011

FindLaw Constitutional Law Summaries - May 23-May 27, 2011

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Weekly Opinion Summaries
Constitutional Law

May 23-27, 2011 FindLaw.com Weekly Constitutional Law Newsletter
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Constitutional Law

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Constitutional Law

United States Supreme Court, 05/23/2011
Brown v. Plata, No. 09–1233
In a constitutional challenge to state prison overcrowding, judicial order mandating reduction in prison population is affirmed where the order is necessary to remedy violation of prisoners’ constitutional rights and is authorized by the Prison Litigation Reform Act of 1995. Read more...

United States Supreme Court, 05/26/2011
Chamber of Commerce of United States of America v. Whiting, No. 09-115
In a federal pre-enforcement suit challenging the Legal Arizona Workers Act, which, in certain circumstances, revoke the licenses of state employers that knowingly or intentionally employ unauthorized aliens and requires all Arizona employers to use E-Verify, judgment of the appeals court is affirmed where the plain language of the Immigration Reform and Control Act's (IRCA) preemption clause did not invalidate Arizona's law because the law did no more than impose licensing conditions on businesses operating within the State; nor was the state law preempted with respect to E-Verify because although Congress made the program voluntary at the national level, it expressed no intent to prevent States from mandating participation. Read more...

United States Supreme Court, 05/26/2011
US v. Tinklenberg, No. 09-1498
In a dispute involving the scope of The Speedy Trial Act of 1974 (Act), 18 U.S.C. section 3161(c)(1), judgment of the appeals court dismissing indictment against defendant on the basis that the indictment was stale is reversed, where the Act stops the Speedy Trial clock from running automatically upon the filing of a pretrial motion irrespective of whether the motion has any impact on when the trial begins. Read more...





United States Third Circuit, 05/26/2011
Malleus v. George, No. 10-3539
In a Section 1983 dispute alleging that the public disclosure of a report containing the outcome of a public school's investigations, and which plaintiff believed was confidential, violated plaintiff's privacy rights, judgment of the district court dismissing action is affirmed where there is no Fourteenth Amendment right to privacy in the type of information contained in the report. Read more...

United States Ninth Circuit, 05/27/2011
Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control District, No. 09-16790
In a dispute arising from the defendant's adoption and enforcement of emission rules that regulate diesel-powered engines, judgment on the pleadings by district court is affirmed where regulations are preempted by the Federal Clean Air Act, 42 U.S.C. sections 7401 et seq. Read more...

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