Constitutional law - First Amendment - Ninth Circuit invalidates Arizona Constitution's official English requirement - Yniguez v. Arizonans for Official English, 69 F.3d 920 (9th Cir. 1995)(en banc), cert. granted, 64 U.S.L.W. 3635 (U.S. Mar. 26, 1996)(No. 95-974)
Article Abstract:
The dissent in the US Court of Appeals for the Ninth Circuit's en banc ruling in Yniguez v. Arizonans for Official English failed to consider the nexus requirement imposed by the US Supreme Court's decision in Rust v. Sullivan. The Rust decision supported the government's capacity to limit the speech of its workers, but the Court stated that the speech restriction must relate to the scope or purpose of the government program. The dissent in Yniguez failed to acknowledge that Arizona's constitutional restriction requiring state employees to speak only English did not satisfy the nexus requirement when applied to most state jobs.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Constitutional law - freedom of speech - D.C. Circuit upholds daytime ban on broadcast indecency. - Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995)(en banc), cert. denied, 64 U.S.L.W. 25 (U.S. Jan. 9, 1996)
Article Abstract:
The US Court of Appeals for the DC Circuit erred in its First Amendment analysis of the ban on indecent daytime television programming in Action for Children's Television v. FCC. Content-based restrictions of speech are subject to strict scrutiny, and the method of restriction must be the least restrictive means of addressing the compelling government interest involved. The court failed to consider less restrictive means such as blocking chip technology which may effectively protect children from indecent material without infringing on the rights of adults.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Constitutional law - First Amendment and equal protection - Ninth Circuit upholds 'don't ask, don't tell' policy for gays and lesbians in the military
Article Abstract:
The US 9th Circuit Court of Appeals in 1997's Holmes v. California Army National Guard incorrectly held that the 1st Amendment does not protect military personnel from the policy requiring homosexual personnel not speak of their homosexuality in order to avoid expulsion. The court reached its conclusion on the basis of a twisted 1st Amendment analysis of the government's status and speech conduct distinctions. The court joined three other Courts of Appeals in its unfortunate ruling.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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- Abstracts: Contract law - employment-at-will - N.Y. Court of Appeals implies reporting requirement into law firm-associate employment relationship
- Abstracts: A 2d Circuit decision analyzes the UCC's 'basis of the bargain' requirement, affirming that actions based on warranties are grounded in contract, not tort
- Abstracts: Federal civil procedure - supplemental jurisdiction - Seventh Circuit holds that 28 U.S.C. 1367 allows supplemental jurisdiction over permissively joined plaintiffs in diversity suits. - Stromberg Metal Works, Inc. v. Press Mechanical, Inc., 77 F.3d 928 (7th Cir. 1996)