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U.S. v. Page, No. 96-4083 (6th Cir.) (136 F.3d 481) (February 12, 1998) (Judge Gilbert S. Merritt)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Page, No. 96-4083 (6th Cir.) (136 F.3d 481) (February 12, 1998) (Judge Gilbert S. Merritt) by Over the strong dissent of Judge Moore, the majority somewhat limited the scope of the Violence Against Women Act, holding that the prohibition against domestic violence does not extend to acts occurring …

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Clean Water Act, Punch And Jurists

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer) by If the Hobbs Act doesn’t raise any concerns about the inexorable expansion of Federal intervention into our daily lives, perhaps this case will. The defendant was a land developer with more than …

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Clean Water Act, Punch And Jurists

U.S. v. Wilson, No. 96-4498 (4th Cir.) (133 F.3d 251) (December 23, 1997) (Judge Paul V. Niemeyer) by If the Hobbs Act doesn’t raise any concerns about the inexorable expansion of Federal intervention into our daily lives, perhaps this case will. The defendant was a land developer with more than …

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam)

Article • January 1, 1998 • from P&J January, 1998

Filed under: RICO, Punch And Jurists

U.S. v. DeFries, No. 96-3015 (D.C. Cir.) (129 F.3d 1293) (December 2, 1997) (Per Curiam) by QUOTE OF THE WEEK - The careful thought that went into the enactment of the RICO forfeiture laws! "The Comprehensive Crime Control Act of 1984, which included the Comprehensive Forfeiture Act of 1984, amending …

U.S. v. Wright, No. 97-2560NE (8th Cir.) (128 F.3d 1274) (November 14, 1997) (Judge George G. Fagg)

Article • December 1, 1997 • from P&J December, 1997

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Wright, No. 97-2560NE (8th Cir.) (128 F.3d 1274) (November 14, 1997) (Judge George G. Fagg) by Case rejected defense argument that VAWA violated Congress' power under the Commerce Clause. "Crossing state lines is interstate commerce regardless of whether any commercial activity is involved.".

Amos v. Md. Dept. of Public Safety & Corr. Services, No. 96-7091 (4th Cir.) (126 F.3d 589) (September 22, 1997) (Judge Karen J. Williams)

Article • November 1, 1997 • from P&J November, 1997

Filed under: Americans with Disabilities Act, Punch And Jurists

Amos v. Md. Dept. of Public Safety & Corr. Services, No. 96-7091 (4th Cir.) (126 F.3d 589) (September 22, 1997) (Judge Karen J. Williams) by Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams) Onishea v. Hopper, 126 F.3d 1323 (11th …

Ashmus v. Calderon, No. 96-16141 (9th Cir.) (123 F.3d 1199) (August 18, 1997) (Judge David R. Thompson)

Article • October 1, 1997 • from P&J October, 1997

Filed under: AEDPA, Punch And Jurists

Ashmus v. Calderon, No. 96-16141 (9th Cir.) (123 F.3d 1199) (August 18, 1997) (Judge David R. Thompson) by

U.S. v. Wright, No. 8:96CR-145 (D.Neb.) (965 F.Supp. 1307) (May 2, 1997) (Judge Thomas M. Shanahan)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Wright, No. 8:96CR-145 (D.Neb.) (965 F.Supp. 1307) (May 2, 1997) (Judge Thomas M. Shanahan) by In this case, Judge Shanahan dismissed an indictment that was based on one of the recently enacted provisions of the Violence Against Women Act (VAWA) on the grounds that the applicable statute was …

Crawford v. Indiana Dept. of Corrections, No. 96-3123 (7th Cir.) (115 F.3d 481) (June 2, 1997) (Judge Richard A. Posner)

Article • July 1, 1997 • from P&J July, 1997

Filed under: Americans with Disabilities Act, Punch And Jurists

Crawford v. Indiana Dept. of Corrections, No. 96-3123 (7th Cir.) (115 F.3d 481) (June 2, 1997) (Judge Richard A. Posner) by Ever since Congress adopted the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) (the "ADA") in 1990, prison officials and courts have struggled to find some palatable …

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (107 F.3d 696) (February 19, 1997) (Judge Alfred T. Goodwin)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (107 F.3d 696) (February 19, 1997) (Judge Alfred T. Goodwin) by This case re-visits one of the most disturbing episodes in the long and sometimes disquieting history of the DEA. It started in April 1990 with abduction from Mexico of a doctor by …

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan)

Article • March 1, 1997 • from P&J March, 1997

Filed under: Religious Freedom Restoration Act, Punch And Jurists

Mockaitis v. Harcleroad, No. 96-35901 (9th Cir.) (104 F.3d 1522) (January 27, 1997) (Judge John T. Jr. Noonan) by This is an interesting case that involves an action brought by a Catholic priest and an Archbishop against various defendants challenging a district attorney's decision to tape a suspect's confession while …

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (96 F.3d 1246) (September 24, 1996) (Judge Alfred T. Goodwin)

Article • October 1, 1996 • from P&J October, 1996

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 95-55464 (9th Cir.) (96 F.3d 1246) (September 24, 1996) (Judge Alfred T. Goodwin) by Perhaps the most surprising thing about this decision is that it was published at all. Here's what happened in the words of the Court: "In April 1990 the United States Drug Enforcement …