Civil procedure - subpoena power - Ninth Circuit rejects authority of non-party federal agencies to prevent employees from testifying pursuant to a federal subpoena. - Exxon Shipping Co. v. United States Dep't of Interior, 34 F.3d 774 (9th Cir. 1994)
Article Abstract:
The US Court of Appeals for the Ninth Circuit ruled in Exxon Shipping Co. v. Department of Interior that federal agencies not otherwise involved in an action cannot bar employee testimony or bar access to subpoenaed documents. The government asserted immunity based on the Federal Housekeeping Act and prior case law. The Court found these assertions unreasonable because to acknowledge such authority would be equivalent to allowing administrative officials to supercede judicial power. Despite this ruling, federal agencies will likely to continue asserting immunity from subpoena.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Constitutional law - First Amendment - academic freedom - Fourth Circuit upholds Virginia statute prohibiting state employees from downloading sexually explicit material
Article Abstract:
The author discusses the US Court of Appeals for the 4th Circuit's decision in Urofsky v. Gilmore, in which the court upheld a state law banning public employees from downloading sexually explicit material and was not a violation of First Amendment academic freedom rights.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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Constitutional law - free exercise clause - Ninth Circuit upholds Oregon regulation limiting special education services to religiously neutral settings
Article Abstract:
A US 9th Circuit Court of Appeals ruling upholding a state regulation limiting public school special education services to religiously neutral settings is analyzed. The court's inquiry into the regulation's neutrality is characterized as misplaced and misguided.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: Eighth Amendment - juvenile sentencing - Ninth Circuit upholds life sentence without possibility of parole of fifteen-year-old murderer. - Harris v. Wright, 93 F.3d 581 (9th Cir. 1996)
- Abstracts: Compliance programs curb risk of insider trading. Countries strengthen insider trading laws: G-7 nations emulate the United States in fashioning laws and enforcing existing regulations
- Abstracts: Criminal law - sentencing guidelines - Second Circuit rejects Fifth Amendment challenge to disclosure criteria under the federal Sentencing Guidelines
- Abstracts: The second decade of interest arbitration in Pennsylvania. Binding arbitration issues and a historical observation of the 1978 contract negotiations in the United States Postal Service: a retrospective view
- Abstracts: Early merger talks may be subject to disclosure; Third Circuit decision greatly expands a corporation's duty to update public statements