Civil procedure - subpoena power - Ninth Circuit rejects authority of non-party federal agencies to prevent employees from testifying pursuant to a federal subpoena. - Exxon Shipping Co. v. United States Dep't of Interior, 34 F.3d 774 (9th Cir. 1994)

Article Abstract:

The US Court of Appeals for the Ninth Circuit ruled in Exxon Shipping Co. v. Department of Interior that federal agencies not otherwise involved in an action cannot bar employee testimony or bar access to subpoenaed documents. The government asserted immunity based on the Federal Housekeeping Act and prior case law. The Court found these assertions unreasonable because to acknowledge such authority would be equivalent to allowing administrative officials to supercede judicial power. Despite this ruling, federal agencies will likely to continue asserting immunity from subpoena.

Laws, regulations and rules, Judicial power, Subpoena

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Constitutional law - First Amendment - academic freedom - Fourth Circuit upholds Virginia statute prohibiting state employees from downloading sexually explicit material

Article Abstract:

The author discusses the US Court of Appeals for the 4th Circuit's decision in Urofsky v. Gilmore, in which the court upheld a state law banning public employees from downloading sexually explicit material and was not a violation of First Amendment academic freedom rights.

Virginia, College teachers, College faculty, Case Note, Academic freedom, Downloading, Obscenity (Law), Obscenity

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Constitutional law - free exercise clause - Ninth Circuit upholds Oregon regulation limiting special education services to religiously neutral settings

Article Abstract:

A US 9th Circuit Court of Appeals ruling upholding a state regulation limiting public school special education services to religiously neutral settings is analyzed. The court's inquiry into the regulation's neutrality is characterized as misplaced and misguided.

Oregon, Public schools, Special education, Religious education

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