McCorkle v. City of Los Angeles – 14th Amendment – Civil Rights
McCorkle v. City of Los Angeles – 14th Amendment – Civil Rights The City of Los Angeles appeals from a judgment of the Ventura County Superior Court imposing liability on…
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9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship Due Process Violation of Parental Rights I Introduction Parents and children possess a constitutionally protected liberty interest…
Bible Believers v. Wayne County – 1st Amendment
Bible Believers v. Wayne County (6th Cir.) (2015) In Bible Believers v. Wayne County, 805 F.3d 228, (6th Cir. 2015), a divided en banc (full panel) 6th U.S. Circuit Court…
Rules of the Supreme Court – Writ of Certiorari
Rules of the Supreme Court – Writ of Certiorari download here A writ of certiorari (pronounced ser-SHE-or-ar-i) is the legal document the Supreme Court issues when it agrees to hear…
Employers Beware: La Supreme Court Opens Line for Direct Negligence Claims from Employee Actions
Employers Beware: La Supreme Court Opens Line for Direct Negligence Claims from Employee Actions Last week, in Martin v. Thomas, the Louisiana Supreme Court issued an opinion that will certainly…
Martin v. Thomas et al. 2022 – Employer Independent Negligence
Martin v. Thomas et al. 2022 – Employer Independent Negligence In Martin, the Louisiana Supreme Court unanimously held that “a plaintiff can maintain both claims even if the employer has…
Albright v. Oliver – Pretrial Rights – 14th Amendment
Albright v. Oliver – 14th Amendment Albright claimed that Oliver violated his Fourteenth Amendment substantive due process right by prosecuting him without probable cause No. The Court ruled that Section…
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Clear and Present Danger Test – 1st Amendment
Clear and Present Danger Test Early in the 20th century, the Supreme Court established the clear and present danger test as the predominant standard for determining when speech is protected…
Uzuegbunam v. Preczewski – 1st & 14th Amendment
Uzuegbunam v. Preczewski (2021) Not every constitutional violation has a remedy, but courts can expand or restrict rights by their willingness or unwillingness to provide such remedies. In Uzuegbunam v.…
10th Amendment – Tenth Amendment
10th Amendment – Tenth Amendment X Amendment The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so…