Search | Punch and Jurists

U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin)

Article • February 1, 2002 • from P&J February, 2002

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

U.S. v. King, No. 01-1141 (2nd Cir.) (276 F.3d 109) (January 2, 2002) (Judge Joseph M. McLaughlin) by In this case, Judge Sweet of the S.D.N.Y. had previously held that parts of the Child Support Recovery Act, as amended by the Deadbeat Parents Punishment Act, were unconstitutional in that they …

U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl)

Article • November 1, 2001 • from P&J November, 2001

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

U.S. v. Lewko, No. 01-1231 (1st Cir.) (269 F.3d 64) (October 25, 2001) (Judge Norman H. Stahl) by Here the Court rejected a Commerce Clause challenge to both the Child Support Recovery Act of 1992 (18 USC § 228(a)(1)) and the Deadbeat Parents Punishment Act of 1998 (18 USC § …

U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima)

Article • October 1, 2001 • from P&J October, 2001

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

U.S. v. Gill, No. 00-10304 (9th Cir.) (264 F.3d 929) (September 6, 2001) (Judge A. Wallace Tashima) by Here, over the dissent of Judge Reinhardt, a majority held that the Child Support Recover Act (18 USC § 228(a)) permits the inclusion of interest on delinquent child support payments - even …

U.S. v. Faasse, No. 98-2337 (6th Cir.) (265 F.3d 475) (September 14, 2001) (Judge Karen Nelson Moore)

Article • September 1, 2001 • from P&J September, 2001

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

U.S. v. Faasse, No. 98-2337 (6th Cir.) (265 F.3d 475) (September 14, 2001) (Judge Karen Nelson Moore) by Here, over the strong dissent of Judge Batchelder, the en banc Court reversed a prior panel's decision which held that certain portions of the Child Support Recovery Act (18 U.S.C. § 228) …

U.S. v. Faasse, No. 98-2337 (6th Cir.) (227 F.3d 660) (September 25, 2000) (Judge Alice M. Batchelder)

Article • November 1, 2000 • from P&J September, 2000

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

U.S. v. Faasse, No. 98-2337 (6th Cir.) (227 F.3d 660) (September 25, 2000) (Judge Alice M. Batchelder) by In this case, the Sixth Circuit departed company with most other Circuits that have ruled on the issue and held that Congress does not have the power under the Commerce Clause to …

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux)

Article • March 1, 2000 • from P&J March, 2000

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

U.S. v. Grigsby, No. 99-071L (D.R.I.) (85 F.Supp.2d 100) (February 24, 2000) (Judge Ronald R. Lagueux) by Court held that the provision of the federal Child Support Recovery Act that establishes a rebuttable presumption that a defendant was financially able to pay a support order violates the Fifth Amendment's Due …

U.S. v. Giuffrida, No. Crim. No. 2:98-00095 (S.D.W.Va.) (66 F.Supp.2d 811) (September 17, 1999) (Judge Charles H. II Haden)

Article • December 1, 1999 • from P&J December, 1999

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

U.S. v. Giuffrida, No. Crim. No. 2:98-00095 (S.D.W.Va.) (66 F.Supp.2d 811) (September 17, 1999) (Judge Charles H. II Haden) by

U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski)

Article • May 1, 1999 • from P&J May, 1999

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

U.S. v. Ballek, No. 97-30326 (9th Cir.) (170 F.3d 871) (March 11, 1999) (Judge Alex Kozinski) by This decision is noted because it addresses two significant, but rarely discussed, issues dealing with the Child Support Recovery Act (CSRA). That statute makes it a Federal crime for a parent who "willfully" …

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam)

Article • April 1, 1999 • from P&J April, 1999

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

U.S. v. Mussari, No. 97-10331 (9th Cir.) (168 F.3d 1141) (February 22, 1999) (Per Curiam) by Here a majority of the en banc court declined to review a panel's earlier decision, reported at 152 F.3d 1156, which held that the retroactive application of the Child Support Recovery Act was unconstitutional. …

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. § …

U.S. v. Black, No. 96-3890 (7th Cir.) (125 F.3d 454) (September 3, 1997) (Judge William J. Bauer)

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

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

U.S. v. Black, No. 96-3890 (7th Cir.) (125 F.3d 454) (September 3, 1997) (Judge William J. Bauer) by The Court held that the CSRA is a "facially valid exercise of congressional power under the Commerce Clause. The Court also held that "the Tenth Amendment and Article I of the Constitution …

U.S. v. Williams, No. 96-3099 (11th Cir.) (121 F.3d 615) (September 8, 1997) (Judge Floyd R. Gibson)

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

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

U.S. v. Williams, No. 96-3099 (11th Cir.) (121 F.3d 615) (September 8, 1997) (Judge Floyd R. Gibson) by The Court held that in order for the Government to sustain a conviction under 18 USC § 228(a) and establish its willful element, it must "prove that the law imposed a duty …

U.S. v. Murphy, No. 96-4628 (4th Cir.) (117 F.3d 137) (June 26, 1997) (Judge J. Harvie III Wilkinson)

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

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

U.S. v. Murphy, No. 96-4628 (4th Cir.) (117 F.3d 137) (June 26, 1997) (Judge J. Harvie III Wilkinson) by For similar rulings in other Circuits, see U.S. v. Crawford, 115 F.3d 1397 (8th Cir. 1997) and U.S. v. Muench, 153 F.3d 1298 (11th Cir. 1998). [Editor's Note: In 1992, Congress …

U.S. v. Crawford, No. 96-2808 (8th Cir.) (115 F.3d 1397) (June 23, 1997) (Judge Theodore McMillian)

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

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

U.S. v. Crawford, No. 96-2808 (8th Cir.) (115 F.3d 1397) (June 23, 1997) (Judge Theodore McMillian) by Eighth Circuit upholds the constitutionality of the Child Recovery Support Act [now known as the Deadbeat Parents Punishment Act) and holds that venue was proper in the district where the child who is …

U.S. v. Bailey, No. 95-50721 (5th Cir.) (115 F.3d 1222) (June 12, 1997) (Judge John M. Jr. Duhé)

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

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

U.S. v. Bailey, No. 95-50721 (5th Cir.) (115 F.3d 1222) (June 12, 1997) (Judge John M. Jr. Duhé) by United States v. Bailey, 115 F.3d 1222 (5th Cir. 1997) United States v. Crawford, 115 F.3d 1397 (8th Cir. 1997) Both of these cases address constitutional challenges to the Child Recovery …

U.S. v. Parker, No. 95-2018 (3rd Cir.) (108 F.3d 28) (March 7, 1997) (Judge Carol Los Mansmann)

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

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

U.S. v. Parker, No. 95-2018 (3rd Cir.) (108 F.3d 28) (March 7, 1997) (Judge Carol Los Mansmann) by Court reversed district Judge Bechtle's earlier decision in which he held that the Child Support Recovery Act was unconstitutional, reasoning that the Act was a valid exercise of Congress' power under the …

U.S. v. Lewis, No. Civ. No. 95-076P (D.R.I.) (936 F.Supp. 1093) (September 5, 1996) (Judge Raymond J. Pettine)

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

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

U.S. v. Lewis, No. Civ. No. 95-076P (D.R.I.) (936 F.Supp. 1093) (September 5, 1996) (Judge Raymond J. Pettine) by United States v. McHenry, 97 F.3d 125 (6th Cir. 1996) (Judge Moore) United States v. Lewis, 936 F.Supp. 1093 (D.R.I. 1996) (Judge Pettine) Both of these cases involve constitutional challenges to …

U.S. v. Mussari, No. 95-10479 (9th Cir.) (95 F.3d 787) (September 5, 1996) (Judge John T. Jr. Noonan)

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

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

U.S. v. Mussari, No. 95-10479 (9th Cir.) (95 F.3d 787) (September 5, 1996) (Judge John T. Jr. Noonan) by Citing New York v. U.S., 505 U.S. 144 (1992), the Court also held that if Congress acts under one of its enumerated powers - here its power under the Commerce Clause …

U.S. v. Sage, No. 96-1001, No. 1681 (2nd Cir.) (92 F.3d 101) (August 12, 1996) (Judge Eugene H. Nickerson)

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

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

U.S. v. Sage, No. 96-1001, No. 1681 (2nd Cir.) (92 F.3d 101) (August 12, 1996) (Judge Eugene H. Nickerson) by [Editor's Note: In 1992, Congress enacted 18 U.S.C. § 228, which became known as the Child Support Recovery Act of 1992 (CSRA). The CSRA was later amended by Congress on …

U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle)

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

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

U.S. v. Parker, No. 95-352 (E.D.Pa.) (911 F.Supp. 830) (October 30, 1995) (Judge Louis C. Bechtle) by Here's yet another case which holds that the Child Recovery Support Act (18 U.S.C. § 228) is unconsti tutional. After engaging in a detailed analysis of the Commerce Clause, Judge Bechtle concludes that …