Search | Punch and Jurists

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell)

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

Filed under: Punch And Jurists, Prohibited Persons

U.S. v. Chamberlain, No. 98-1324 (1st Cir.) (159 F.3d 656) (November 3, 1998) (Judge Levin H. Campbell) by The Court stated: "We reject Chamberlain's argument that a person is not "committed" for purposes of the federal firearms ban unless all of the requirements set forth in section 3864 - including …

U.S. v. Mussari, No. 97-10331 (9th Cir.) (152 F.3d 1156) (August 18, 1998) (Judge John T. Jr. Noonan)

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

Filed under: Punch And Jurists, Child Support Recovery Act/Deadbeat Parents Punishment Act

U.S. v. Mussari, No. 97-10331 (9th Cir.) (152 F.3d 1156) (August 18, 1998) (Judge John T. Jr. Noonan) by [Editor's Note: The Child Support Recovery Act of 1992 (CSRA), was originally enacted as Pub. L. No. 102-521, § 2(a), 106 Stat. 340 and was originally codified at 18 U.S.C. § …

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams)

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

Filed under: Punch And Jurists, Equal Protection Clause/Claims

Fraternal Order of Police v. U.S., No. 97-5304 (D.C. Cir.) (152 F.3d 998) (August 28, 1998) (Judge Stephen F. Williams) by QUOTE OF THE WEEK - The dangers of discriminatory and unreasonable laws. "I regard it as a salutary doctrine that cities, states and the Federal Government must exercise their …

Schneider v. California Dept. of Corrections, No. 97-15820 (9th Cir.) (151 F.3d 1194) (September 4, 1998) (Judge Diarmuid F. O'Scannlain)

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

Filed under: Punch And Jurists, Takings Clause

Schneider v. California Dept. of Corrections, No. 97-15820 (9th Cir.) (151 F.3d 1194) (September 4, 1998) (Judge Diarmuid F. O'Scannlain) by Case held that prisoners held a constitutionally cognizable propert interest to interest earned on funds deposited in unmate trust accounts to trigger a violation of the Fifth Amendment's taking …

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Bloom, No. 98-1361 (7th Cir.) (149 F.3d 649) (July 13, 1998) (Judge Frank H. Easterbrook) by QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death of Common Sense, that modern American laws and regulation have become so elaborate and technical that they …

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes)

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

Filed under: Punch And Jurists, Vagueness/Overbreadth

U.S. v. Woodward, No. 97-1429 (1st Cir.) (149 F.3d 46) (July 20, 1998) (Judge Hugh H. Bownes) by Quote from "The Death of Common Sense" which concludes that vague laws foster a culture of resistence. QUOTE OF THE WEEK - Attorney Philip Howard noted, in his eye-opening book, The Death …

Doe v. Pataki, No. 96 CIV. 1657(DC) (S.D.N.Y.) (3 F.Supp.2d 456) (May 7, 1998) (Judge Denny Chin)

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

Filed under: Punch And Jurists, Megan's Laws

Doe v. Pataki, No. 96 CIV. 1657(DC) (S.D.N.Y.) (3 F.Supp.2d 456) (May 7, 1998) (Judge Denny Chin) by This is the sequel to the Second Circuit's earlier decision, reported at 120 F.3d 1263 (2nd Cir. 1997), where that Court held that neither the registration nor the community notification provisions of …

U.S. v. Dubose, No. 96-30369 (9th Cir.) (146 F.3d 1141) (June 26, 1998) (Judge Michael Daly Hawkins)

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

Filed under: Punch And Jurists, Mandatory Victims Restitution Act (MVRA)

U.S. v. Dubose, No. 96-30369 (9th Cir.) (146 F.3d 1141) (June 26, 1998) (Judge Michael Daly Hawkins) by Case is noted for its description of the sweeping nature of the Mandatory Victims Restitution Act; as well as for its rejection of numerous constitutional challenges to the validity of that statute. …

Roe v. Farwell, No. Civ.A. 97-10715-WGY (D.Mass.) (999 F.Supp. 174) (March 31, 1998) (Judge William G. Young)

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

Filed under: Punch And Jurists, Megan's Laws

Roe v. Farwell, No. Civ.A. 97-10715-WGY (D.Mass.) (999 F.Supp. 174) (March 31, 1998) (Judge William G. Young) by This decision is noted because it contains a comprehensive review of prevailing judicial view that the sex offender registration and community notification laws, known as Megan's Laws, which have now been adopted …

New York State Bar Ass'n v. Reno, No. 97-CV-1768 (N.D.N.Y.) (999 F.Supp. 710) (April 7, 1998) (Judge Thomas J. McAvoy)

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

Filed under: Punch And Jurists, Granny Goes to Jail Act

New York State Bar Ass'n v. Reno, No. 97-CV-1768 (N.D.N.Y.) (999 F.Supp. 710) (April 7, 1998) (Judge Thomas J. McAvoy) by Case held that even in the absence of hardship from imminent prosecution or threat of prosecution, a "claim might still be ripe under First Amendment jurisprudence if . . …

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Cabreja-Rojas v. Reno, No. 98 Civ. 1737(LAK) (S.D.N.Y.) (999 F.Supp. 493) (March 25, 1998) (Judge Lewis A. Kaplan) by Case held that a permanent resident who is subject to a final order of deportation is entitled to a hearing before an independent decisionmaker, rather than the INS district director, on …

U.S. v. Gonzales, No. CR. 95-538 (D.N.M.) (995 F.Supp. 1299) (March 13, 1998) (Judge Martha Vazquez)

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

Filed under: Punch And Jurists, Pretrial Detention and Detainees

U.S. v. Gonzales, No. CR. 95-538 (D.N.M.) (995 F.Supp. 1299) (March 13, 1998) (Judge Martha Vazquez) by Case held that a pre-trial detention of 28 months, with further delays possible, did not violate defendant's due process rights. Court held that it was not sufficient to look solely at the length …

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Deportation/Removal/Exclusion

Aguilera-Medina v. I.N.S., No. 96-71121 (9th Cir.) (137 F.3d 1401) (March 9, 1998) (Per Curiam) by Despite ruling of Board of Immigration Appeals that the Fleuti doctrine did not extend to Special Agricultural Workers, the court ruled otherwise on the grounds that Congress directed that lawful temporary and permanent residents …

U.S. v. Von Foelkel, No. 97-1167 (2nd Cir.) (136 F.3d 339) (March 12, 1998) (Per Curiam)

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

Filed under: Punch And Jurists, Interstate Violation of Protective Order

U.S. v. Von Foelkel, No. 97-1167 (2nd Cir.) (136 F.3d 339) (March 12, 1998) (Per Curiam) by In this case the Court rejected a challenge that Congress had exceeded its authority under the Commerce Clause when it enacted § 2262(a)(1).

U.S. v. Jackson, No. So. 97 CR 121(BSJ) (S.D.N.Y.) (986 F.Supp. 829) (December 15, 1997) (Judge Barbara S. Jones)