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Article • December 1, 2012
Reynolds v. Barrett, No. 10-4208-pr (2nd Cir.) (685 F.3d 193) (July 11, 2012) (Judge Richard C. Wesley) by In a suit against individual state officials brought pursuant to 42 U.S.C. section 1983 for intentional racial discrimination at Elmira Correctional Facility, the district court's order granting summary judgment to defendants on …
Article • September 10, 2005
Heller v. Doe, No. 92-351 (U.S. Supreme Court) (509 U.S. 312; 113 S.Ct. 2637) (June 24, 1993) (Justice Kennedy) by Here the Court held that classifications neither involving fundamental rights nor proceeding along suspect lines do not run afoul of the Equal Protection Clause so long as there is a …
Article • July 1, 2003 • from P&J July, 2003
Tesmer v. Granholm, No. 00-1824 (6th Cir.) (333 F.3d 683) (June 17, 2003) (Judge Boyce F. Jr. Martin) by In recent years, as the states have struggled to find ways to curb the ever-spiraling costs of two decades of dramatically increased incarceration efforts, we have seen a proliferation of new …
Article • September 10, 2001
Hicks v. Oklahoma, No. 78-6885 (U.S. Supreme Court) (447 U.S. 343; 100 S.Ct. 2227) (June 16, 1980) (Justice Stewart) by Here a divided court vacated the petitioner's drug conviction on the grounds that he had been denied due process when he was sentenced under a state habitual offender statute that …
Article • April 16, 2000
Plyler v. Doe, No. 80-1538 (U.S. Supreme Court) (457 U.S. 202; 102 S.Ct. 2382) (June 15, 1982) (Justice Brennan) by In this case the Court held that a Texas statute, which withheld funds from local school districts for the education of children who were not "legally admitted" to the United …
Article • February 1, 2000 • from P&J February, 2000
Village of Willowbrook v. Olech, No. 98-1288 (U.S. Supreme Court) (528 U.S. 562; 120 S.Ct. 1073) (February 23, 2000) (Per Curiam) by Here the Court expounded upon the two criteria for a "class of one" equal protection claim, where the plaintiff alleges (a) intentional different treatment from others in the …
Article • May 31, 1999
Corbitt v. New Jersey, No. 77-5903 (U.S. Supreme Court) (439 U.S. 212; 99 S.Ct. 492) (December 11, 1978) (Justice White) by Here the Court affirmed the propriety of granting leniency to those who plead guilty, holding that such a practice is "unequivocally . . . constitutionally proper" and is mutually …
Article • May 1, 1999 • from P&J May, 1999
Wallace v. Reno, No. 98-11181-NG (D.Mass.) (39 F.Supp.2d 101) (March 19, 1999) (Judge Nancy Gertner) by Here the Court held that construing the Immigration and Naturalization Act to bar discretionary relief to aliens in deportation hearings, but not those in exclusion proceedings, violated the Equal Protection Clause of the Fifth …
Article • October 1, 1998 • from P&J October, 1998
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 …
Article • January 1, 1998 • from P&J January, 1998
Fraternal Order of Police v. U.S., No. 97-0145 (JR) (D.D.C.) (981 F.Supp. 1) (October 2, 1997) (Judge James Robertson) by
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Avery, No. 95-5232 (6th Cir.) (128 F.3d 974) (November 3, 1997) (Judge Nathaniel R. Jones) by QUOTE OF THE WEEK - The "unconscious racism" syndrom that prevails in America. In recent times, there probably has been no more thought-provoking judicial analysis of the "unconscious racism" that exists in …
Article • December 1, 1996 • from P&J December, 1996
Keevan v. Smith, No. 95-1289 (8th Cir.) (100 F.3d 644) (November 18, 1996) (Judge Pasco M. II Bowman) by Over the strong dissent of Judge Heaney, the majority rejected an equal protection action brought by female inmates who charged discriminatory treatment compared with the male inmates at other state prisons. …