Marine Forests Society, et al. v. California Coastal Commission, et al., Supreme Court of California, June, 23, 2005 . Excerpt: For the reasons discussed below, we conclude that the current statutory provisions governing the composition of the Coastal Commission do not violate the separation of powers clause of the California Constitution. As we shall see, [...]
The People v. Sorden, Supreme Court of California, June 23, 2005 . Excerpt: We now hold that the willfulness element of the offense may be negated by evidence that an involuntary condition—physical or mental, temporary or permanent—deprived a defendant of actual knowledge of his or her duty to register. Only the most disabling of conditions, [...]
Exxon Mobil Corp v. Allapattah Services and Ortega v. Star-Kist Foods, Inc., Supreme Court of the United States, June 23, 2005 . Excerpt from the opinion, by Justice Kennedy: We hold that, where the other elements of jurisdiction are present and at least one named plaintiff in the action satisfies the amount-in-controversy requirement, §1367 does [...]
The US Supreme Court's Thursday ruling in Kelo v. New London allowing local governments to expropriate private property for development has sparked intense negative reaction from defenders of private property rights, with a number hailing this as a "dark day for American homeowners". David Keene, chairman of the American Conservative Union (ACU) , called the [...]
Halbert v. Michigan, Supreme Court of the United States, June 23, 2005 . Excerpt from the opinion, by Justice Ginsburg: Today, we reach the classification question and conclude that Halbert's case is properly ranked with Douglas rather than Ross. Accordingly, we hold that the Due Process and Equal Protection Clauses require the appointment of counsel [...]
Kelo v. New London, Supreme Court of the United States, June 23, 2005 . Excerpt from the opinion, by Justice Stevens: This Court's authority, however, extends only to determinng whether the City's proposed condemnations are for a "public use" within the meaning of the Fifth Amendment to the Federal Constitution. Because over a century of [...]
Democracy at Risk: The 2004 Election in Ohio, Democratic National Conmittee, June 22, 2005 . Read the full text of the report here . Reported in JURIST's Paper Chase here.
Mexico's House voted for an constiutional amendment Thursday that expunges the death penalty language from the country's present constitution by a margin of 412-0. The amendment calls for the current language to be replaced with verbiage that prohibits legal executions, mutilations, and forms of cruel and unusual punishment. While Mexico had not carried out a [...]
The California Supreme Court ruled Thursday that the membership configuration of the California Coastal Commission's does not violate the separation of powers clause of the state's constitution. Four of the commissioners are appointed by the governor while the remaining eight are selected by the state legislature. The commission, created in 1972 and locked in as [...]
US Defense Secretary Donald Rumsfeld told the Senate Armed Services Committee in a heated hearing on Iraq Thursday that a delay in Iraq's adoption of a constitution would be "an enormous disservice" while "coalition people are being killed. Iraqis are being killed." Rumsfeld did not specify the potential repercussions of a delay, but said, "To [...]