Constitutional law - Establishment Clause - Seventh Circuit invalidates Illinois law mandating Good Friday school closure. - Metzl v. Leininger, 57 F.3d 618 (7th Cir. 1995)
Article Abstract:
The US Court of Appeals for the Seventh Circuit departed from US Supreme Court Establishment Clause precedent by asserting in Metzl v. Leininger that state action can be justified by showing either secular purpose or that religious effect was too tenuous to be significant. Established church and state jurisprudence requires the state defendant to show that there is both a secular purpose and minimal promotion of religion. The court reached the proper result in striking down a statute calling for a Good Friday school holiday but did so for the wrong reasons.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Constitutional law - voting rights - Native Hawaiians - Nineth Circuit invalidates Office of Hawaiian Affairs trustee requirement
Article Abstract:
The author discusses the US Court of Appeals for the 9th Circuit's ruling in Arakai v. Hawaii, in which the court invalidated the state's job requirement that trustees for the Office of Hawaiian Affairs be of native Hawaiian descent as a violation of 15th Amendment voting rights.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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Civil procedure - class actions - Seventh Circuit reverses lower court's approval of class action settlement, citing evidence of collusion
Article Abstract:
The author discusses the US Court of Appeals for the 7th Circuit's ruling in Reynolds v. Beneficial National Bank, in which the court disqualified a class action settlement as being collusive and inadequate.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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- Abstracts: Civil rights - availability of s. 1983 - Ninth Circuit holds that s. 1983 is available to enforce Title IV-D of the Social Security Act. - Freestone v. Cowan, 68 F.3d 1141 (9th Cir. 1995)
- Abstracts: Class actions - class certification of mass torts - Seventh Circuit overturns Rule 23(b)(3) certification of a plaintiff class of hemophiliacs. - In re Rhone-Poulenc Rorer, Inc., 51 F.3d 1293 (7th Cir.), cert. denied, 116 S. Ct. 184 (1995)
- Abstracts: Copyright - phonorecords - Ninth Circuit holds that phonorecord sales "publish" the underlying musical composition. - La Cienega Music Co. v. ZZ Top
- Abstracts: Fourth Circuit holds state administrative proceeding is proper jurisdiction for determining whether arrangement is a MEWA
- Abstracts: The Supreme Court's answer raises more questions. Post-Gilmer developments in mandatory arbitration: the expansion of mandatory arbitration for statutory claims and the congressional effort to reverse the trend