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U.S. v. Herrmann, No. 1:10cr91 (E.D.Va.) (910 F.Supp.2d 844) (November 20, 2012) (Judge Thomas Selby III Ellis)

Article • August 12, 2013 • from P&J August, 2013

Filed under: ERISA, Punch And Jurists

U.S. v. Herrmann, No. 1:10cr91 (E.D.Va.) (910 F.Supp.2d 844) (November 20, 2012) (Judge Thomas Selby III Ellis) by This case is noted for its comprehensive review and analysis of a frequently litigated question: can the Government bypass the anti-alienation and assignment provisions of the Employee Retirement Income Security Act of …

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (623 F.3d 990) (October 7, 2010) (Per Curiam)

Article • January 10, 2011 • from P&J January, 2011

Filed under: Voting Rights Act, Punch And Jurists

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (623 F.3d 990) (October 7, 2010) (Per Curiam) by In the 01/11/10 issue of P&J, we noted an interesting decision in which a divided panel from the Ninth Circuit held that a Washington State law that automatically disenfranchises felons in prison violates the …

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (590 F.3d 989) (January 5, 2010) (Judge A. Wallace Tashima)

Article • January 11, 2010 • from P&J January, 2010

Filed under: Voting Rights Act, Punch And Jurists

Farrakhan v. Gregoire, No. 06-35669 (9th Cir.) (590 F.3d 989) (January 5, 2010) (Judge A. Wallace Tashima) by In an important prison disenfranchisement decision, a divided panel from the Ninth Circuit has held that vote denial claims challenging felon disenfranchisement laws are cognizable under § 2 of the Voting Rights …

Richey v. Mitchell, No. 01-3477 (6th Cir.) (395 F.3d 660) (January 25, 2005) (Judge R. Guy Jr. Cole)

Article • December 1, 2005 • from P&J December, 2005

Filed under: AEDPA, Punch And Jurists

Richey v. Mitchell, No. 01-3477 (6th Cir.) (395 F.3d 660) (January 25, 2005) (Judge R. Guy Jr. Cole) by Petitioner was arrested, convicted, and sentenced to be executed for intentionally starting an apartment fire that killed a young girl. Following a series of unsuccessful appeals in the Ohio state courts, …

U.S. v. Bendolph, No. 01-2468 (3rd Cir.) (409 F.3d 155) (May 16, 2005) (Judge Franklin S. Van Antwerpen)

Article • May 1, 2005 • from P&J May, 2005

Filed under: AEDPA, Punch And Jurists

U.S. v. Bendolph, No. 01-2468 (3rd Cir.) (409 F.3d 155) (May 16, 2005) (Judge Franklin S. Van Antwerpen) by

O'Bryan v. Bureau of Prisons, No. 02-4012 (7th Cir.) (349 F.3d 399) (November 10, 2003) (Judge Frank H. Easterbrook)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Religious Freedom Restoration Act, Punch And Jurists

O'Bryan v. Bureau of Prisons, No. 02-4012 (7th Cir.) (349 F.3d 399) (November 10, 2003) (Judge Frank H. Easterbrook) by The petitioner in this case, a federal inmate, sought relief under the Religious Freedom Restoration Act (RFRA) (42 U.S.C § 2000(bb)) from what he said was the BOP’s improper interference …

City of Boerne v. Flores, No. 95-2074 (U.S. Supreme Court) (521 U.S. 507; 117 S.Ct. 2157) (June 25, 1997) (Justice Kennedy)

Article • July 5, 2003

Filed under: Religious Freedom Restoration Act, Punch And Jurists

City of Boerne v. Flores, No. 95-2074 (U.S. Supreme Court) (521 U.S. 507; 117 S.Ct. 2157) (June 25, 1997) (Justice Kennedy) by The Supreme Court decided that, in enacting the Religious Freedom Restoration Act (RFRA), Congress had impermissibly attempted to expand the scope of substantive constitutional rights under the Fourteenth …

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (331 F.3d 604) (June 3, 2003) (Judge M. Margaret McKeown)

Article • May 1, 2003 • from P&J May, 2003

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (331 F.3d 604) (June 3, 2003) (Judge M. Margaret McKeown) by This case started back in 1990 with abduction at gunpoint of Dr. Alvarez-Machain, a Mexican citizen, from his office in Guadalajara by DEA agents and his subsequent removal to the United States …

Thompson v. Davis, No. 01-15091 (9th Cir.) (295 F.3d 890) (July 3, 2002) (Per Curiam)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Thompson v. Davis, No. 01-15091 (9th Cir.) (295 F.3d 890) (July 3, 2002) (Per Curiam) by Here the Court held that state parole boards may not deny parole to prisoners solely on the grounds that they were former drug addicts because the Americans With Disabilities Act (42 USC § 12101 …

Pennsylvania Dep't of Corrections v. Yeskey, No. 97-634 (U.S. Supreme Court) (524 U.S. 206; 118 S.Ct. 1952) (June 15, 1998) (Justice Scalia)

Article • May 2, 2002

Filed under: Americans with Disabilities Act, Punch And Jurists

Pennsylvania Dep't of Corrections v. Yeskey, No. 97-634 (U.S. Supreme Court) (524 U.S. 206; 118 S.Ct. 1952) (June 15, 1998) (Justice Scalia) by Here the Court held that Title II of the ADA apprlies to State prisons, noting that modern prisons provide inmates with many recreational, educational and vocational programs …

Thompson v. Davis, No. 01-15091 (9th Cir.) (282 F.3d 780) (March 8, 2002) (Per Curiam)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Thompson v. Davis, No. 01-15091 (9th Cir.) (282 F.3d 780) (March 8, 2002) (Per Curiam) by This case is noted for its somewhat surprising (but potentially very useful) ruling that parole boards are not free to disregard the provisions of the Americans With Disabilities Act (42 U.S.C. § 12101 et …

U.S. v. Morrison, No. 99-5 (U.S. Supreme Court) (529 U.S. 598; 120 S.Ct. 1740) (May 15, 2000) (Justice Rehnquist)

Article • January 29, 2002 • from P&J May, 2000

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Morrison, No. 99-5 (U.S. Supreme Court) (529 U.S. 598; 120 S.Ct. 1740) (May 15, 2000) (Justice Rehnquist) by In this case, the Supreme Court continued its constitutional war on Congress by striking down various provisions of the Violence Against Women Act of 1994 (42 U.S.C. § 13981) (VAWA). …

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (266 F.3d 1045) (September 11, 2001) (Judge Alfred T. Goodwin)

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

Filed under: Alien Tort Claims Act, Punch And Jurists

Alvarez-Machain v. U.S., No. 99-56762 (9th Cir.) (266 F.3d 1045) (September 11, 2001) (Judge Alfred T. Goodwin) by This case arose out of a civil rights complaint for damages that was filed in 1993 against DEA officials and agents for their April 1990 kidnaping of the plaintiff, Humberto Alvarez-Machain (Alvarez), …

U.S. v. Corrado, No. 98-2315 (6th Cir.) (227 F.3d 543) (September 27, 2000) (Judge Harry W. Wellford)

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

Filed under: RICO, Punch And Jurists

U.S. v. Corrado, No. 98-2315 (6th Cir.) (227 F.3d 543) (September 27, 2000) (Judge Harry W. Wellford) by This case involved a 25-count RICO indictment against 17 defendants who were accused of various criminal acts arising out of their alleged involvement in the Detroit branch of the national Mafia organization …

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (205 F.3d 687) (March 6, 2000) (Per Curiam)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (205 F.3d 687) (March 6, 2000) (Per Curiam) by

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (178 F.3d 212) (June 24, 1999) (Judge J. Calvitt Jr. Clarke)

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

Filed under: Americans with Disabilities Act, Punch And Jurists

Amos v. Maryland Dept. of Public Safety, No. 96-7091 (4th Cir.) (178 F.3d 212) (June 24, 1999) (Judge J. Calvitt Jr. Clarke) by On remand from the Supreme Court, the Fourth Circuit reluctantly concluded that the application of the ADA and the rehabilitation Act to state prisons was a proper …

In Re Grand Jury Empaneling of Special Grand Jury, No. 98-6415 (3rd Cir.) (171 F.3d 826) (March 19, 1999) (Judge Dolores K. Sloviter)

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

Filed under: Religious Freedom Restoration Act, Punch And Jurists

In Re Grand Jury Empaneling of Special Grand Jury, No. 98-6415 (3rd Cir.) (171 F.3d 826) (March 19, 1999) (Judge Dolores K. Sloviter) by After the daughters were subpoened to testify against their father at a grand jury, they refused to testify on the ground that to do so would …

U.S. v. Page, No. 96-4083 (6th Cir.) (167 F.3d 325) (February 23, 1999) (Per Curiam)

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

Filed under: Violence Against Women Act, Punch And Jurists

U.S. v. Page, No. 96-4083 (6th Cir.) (167 F.3d 325) (February 23, 1999) (Per Curiam) by In her dissent, Judge Kennedy disagreed that the VAWA criminalized the defendant's pre-travel violence; and Judge Wellford stated "I cannot agree that vague threats, unaccompanied by any physical violence during the course of interstate …

Williams v. Taylor, No. 98-14 (4th Cir.) (163 F.3d 860) (December 18, 1998) (Judge Karen J. Williams)

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

Filed under: AEDPA, Punch And Jurists

Williams v. Taylor, No. 98-14 (4th Cir.) (163 F.3d 860) (December 18, 1998) (Judge Karen J. Williams) by in this case the Court addressed the language of 28 U.S.C. § 2254(d)(1) which limited the scope of Federal habeas review to those cases in which the state court's decision was "contrary …

Ghana v. Pearce, No. 97-35588 (9th Cir.) (159 F.3d 1206) (November 5, 1998) (Judge J. Clifford Wallace)

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

Filed under: Interstate Corrections Compact, Punch And Jurists

Ghana v. Pearce, No. 97-35588 (9th Cir.) (159 F.3d 1206) (November 5, 1998) (Judge J. Clifford Wallace) by Here the Ninth Circuit held that officials' alleged violation of the Interstate Corrections Compact could not provide a basis for a civil rights action under 42 U.S.S. § 1883. Here, citing Cuyler …