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Tag Archives: Constitutional

West Virginia ballot-order statute is constitutional (access required)

Where a West Virginia statute governing the order in which candidates’ names appear on state election ballots was neutral and nondiscriminatory, and any modest burden on the Democratic Party’s rights was justified by the state’s interests in promoting efficiency and ...

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DSS director asserts she was terminated for speech (access required)

Where the director of the Pittsylvania County Department of Social Services, or DSS, was terminated two weeks after she spoke as a private citizen about community divisions affecting the delivery of social services in Pittsylvania County, a jury will decide ...

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Commission immune from vacation homeowners’ claim (access required)

Where property owners in South Nags Head alleged the North Carolina Coastal Resources Commission committed a taking when it denied them permission to rebuild their vacation home due to environmental regulations, the suit was dismissed because the commission has sovereign ...

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Girls claim charter school dress code violates Title IX (access required)

Where a charter school required girls to wear either skirts, jumpers or skorts, instead of pants or shorts, the district court must determine whether this requirement violated Title IX by excluding the plaintiffs from participation, denying them education benefits or ...

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Ocean City may ban females from going topless (access required)

Where the court previously held that protecting the portion of society that disfavored public display of female breasts furthers an important governmental interest, and the Supreme Court has not held otherwise, Ocean City’s ordinance prohibiting women from going topless was ...

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Statute mitigating probationers’ penalties struck down (access required)

Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant placed on supervised probation is subject to 11 mandatory rules ...

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Pre-publication rule doesn’t violate First Amendment (access required)

Where former employees of national security agencies voluntarily signed agreements giving the agencies prepublication review of certain materials they intend to publish, they knowingly waived their First Amendment rights to challenge the requirement that they submit materials for review. Moreover, ...

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