Miller-El v. Dretke

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Peremptory challenge; juror discrimination; racial discrimination; Batson v. Kentucky, Johnson v. California.

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Price Controls

Nebbia v. New York; Court relaxes its scrutiny of the permissible purposes of economic regulation. Here, price controls on milk that are nondiscriminatory and bear a reasonable relation to a proper legislative purpose are constitutional.

Economic Regulation

Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.

Gerrymandering

Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.

Civil Rights Cases

Racial discrimination by purely private acts of private individuals will not violate the thirteenth amendment or fourteenth amendment. State Action; Quasi-public employment; badges and incidents of slavery.

Limits of the Clear and Present Danger Test

Gitlow v. New York; The clear and present danger test does not apply to state laws where the state legislature has determined pursuant to police powers that certain kinds of utterances involve a danger of substantive evil. Due Process Clause.

Permitted Free Speech Regulations

United States v. O'Brien; A governmental regulation may restrict speech if the goal is unrelated to the suppression of free speech, and the incidental restriction on alleged First Amendment freedoms is no greater than essential to legitimate interest.

Prior Restraints On The Press

Near v. Minnesota; One of the chief purposes of the constitutional guarantee of freedom of the press is the prevention of impositions of prior restraints on the press.

Immigration Law

Arizona v. United States; Federal law preempts state law on immigration and alien registration laws; SB 1070; deportation; preemption; Congress Supremacy Clause; Uniform Rule of Naturalization.

Child Pornography Law

New York v. Ferber; adult books and adult videos with children are not protected by the First Amendment or Free Speech; no redeeming value and obscenity standard does not apply; sexual exploitation of minors.

Stolen Valor Act

United States v. Alvarez; crime to falsely claim having received military decorations or medals; no exception to the First Amendment or Free Speech for false statements; content-based restrictions require most exacting scrutiny.

Goodridge v. Department of Public Health

Same-sex partners are entitled to the benefits, liabilities, and obligations of civil marriage; gay rights; due process; equal protection; Massachusetts constitution.

Political Question Doctrine

Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.

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Miller-El v. Dretke

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