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832 So. 2d 118·
Fla. 2d DCA·
2002-08-16
The court affirmed the conviction of two juveniles for arson of a structure, holding that the evidence was sufficient to support the finding of guilt and negate their hypothesis of accidental burning.
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832 So. 2d 121·
Fla. 2d DCA·
2002-08-16
M.R. was adjudicated delinquent for violating Tampa's juvenile curfew ordinance. After the Florida Supreme Court directed that strict scrutiny (rather than heightened scrutiny) apply to juvenile curfew ordinances, the appellate court reversed, finding the ordinance unconstitution
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832 So. 2d 117·
Fla. 2d DCA·
2002-08-16
R.J.H. appeals his adjudication of delinquency for violating Tampa's juvenile curfew ordinance. After the Florida Supreme Court directed that strict scrutiny apply to juvenile curfew ordinances, the appellate court reversed the adjudication, finding the Tampa ordinance unconstitu
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788 So. 2d 953·
Fla.·
2001-06-14
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788 So. 2d 957·
Fla.·
2001-06-14
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124 F. Supp. 2d 685·
S.D. Fla.·
2000-11-08
A local ordinance requiring cable operators to provide competitors equal access to their broadband Internet transport services unconstitutionally abridges freedom of speech and the press.
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104 F. Supp. 2d 1365·
S.D. Fla.·
2000-02-22
The court held that material issues of fact remain unresolved, precluding summary judgment, and denied the plaintiffs' motion.
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13 F. Supp. 2d 1308·
N.D. Fla.·
1998-04-24
A state agency's affirmative action program using set-asides for minority-owned businesses violates the Equal Protection Clause if it is not based on a strong evidentiary showing of past or present discrimination by the agency itself or identifiable wrongdoers.
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983 F. Supp. 1445·
S.D. Fla.·
1997-09-17
The court found that federal statutes regulating alien eligibility for benefits are subject to rational basis review, not strict scrutiny, due to Congress's plenary power over immigration.
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687 So. 2d 1292·
Fla.·
1996-12-05
The Florida Supreme Court upheld a state statute denying filing fee rebates to minor political parties (those with less than 5% of registered voters), rejecting constitutional challenges based on equal protection and political association rights. The Court held that the statute i
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676 So. 2d 532·
Fla. 4th DCA·
1996-07-17
Martin County appealed a trial court judgment awarding the Partnership injunctive relief and damages for denying comprehensive plan amendments needed for a proposed mixed-use development. The appellate court reversed, holding that the county's refusal to amend its comprehensive p
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667 So. 2d 796·
Fla. 1st DCA·
1995-08-21
The Florida Department of Insurance and insurance trade associations appealed a DOAH hearing officer's order invalidating portions of proposed administrative rules regulating insurance sales by financial institutions. The court affirmed the hearing officer's determination that an
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658 So. 2d 653·
Fla. 1st DCA·
1995-08-01
The Republican Party of Florida challenged an injunction that prohibited broadcast of political advertisements attacking Democratic candidates for state cabinet offices, claiming the ads violated campaign finance contribution limits. The court reversed, holding that enjoining pol
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909 F. Supp. 1518·
N.D. Fla.·
1995-06-16
The court held that the time restrictions on soliciting and accepting judicial campaign contributions under Canon 7C(1) were unconstitutional as they unduly restricted First Amendment rights of speech and association without being narrowly tailored to the state's interest in prev
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511 U.S. 1115·
U.S.·
1994-05-23
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510 U.S. 1309·
U.S.·
1994-02-07
The Circuit Justice denied the application for a stay of the Court of Appeals' mandate, finding no reasonable probability of certiorari or fair prospect of success on the merits.
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998 F.2d 764·
9th Cir.·
1993-07-29
The Washington State Child Support Schedule does not violate the Equal Protection or Due Process Clauses of the Fourteenth Amendment, as it is a rational means of achieving legitimate state interests and does not directly infringe upon fundamental rights.
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997 F.2d 1160·
6th Cir.·
1993-07-08
The court held that the city ordinance, which banned overnight displays in a public forum but exempted government entities, violated the Equal Protection Clause by discriminating against private speech and was not narrowly tailored to serve substantial government interests.
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998 F.2d 168·
3d Cir.·
1993-07-06
The appellate court reversed the district court's grant of summary judgment, finding that material issues of fact exist regarding whether field hockey is a "contact sport" under Title IX and whether athletic opportunities for boys were "previously limited." The court also vacated
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616 So. 2d 1165·
Fla. 2d DCA·
1993-04-16
A Florida county ordinance requiring candidates for elected county office to be residents for two years before qualifying was struck down as violating the equal protection clause. The court held that the two-year durational residency requirement was unreasonable and not necessary
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989 F.2d 225·
6th Cir.·
1993-03-24
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982 F.2d 423·
10th Cir.·
1992-12-23
A sentence imposed in 'years' includes calendar years, regardless of whether they contain 365 or 366 days, and does not violate due process or equal protection.
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970 F.2d 169·
6th Cir.·
1992-07-22
Ohio Revised Code § 3505.03 is unconstitutional because it violates the First and Fourteenth Amendment rights of Independent candidates to be designated as such on general election ballots, thereby burdening voters' rights to associate and cast meaningful votes.
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968 F.2d 684·
8th Cir.·
1992-07-01
The statute is facially unconstitutional because it is not narrowly tailored to serve a compelling state interest, is unconstitutionally vague, and imposes strict liability, thereby violating the First Amendment.
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961 F.2d 100·
6th Cir.·
1992-03-31
The court held that the Cincinnati Board of Education's race-conscious but race-neutral teacher transfer policy, designed to achieve a racially integrated faculty, does not violate the Fourteenth Amendment or the collective bargaining agreement.
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959 F.2d 313·
D.C. Cir.·
1992-03-27
The court held that Arthur Jacobs had standing to challenge the Civil Liberties Act of 1988 but that his equal protection claim failed on the merits because Congress's distinction between Japanese and German American internment was supported by historical evidence and survived st
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956 F.2d 52·
4th Cir.·
1992-01-31
The court held that a race-based affirmative action program must be justified by specific findings of past discrimination and demonstrate present effects of that discrimination, which the lower court failed to adequately establish.
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945 F.2d 254·
9th Cir.·
1991-09-18
The court held that the Endangered Species Act applies to native Hawaiians and that their equal protection claims regarding subsistence exceptions are without merit. The court also held that the defendant lacked a reasonable expectation of privacy for a Fourth Amendment claim.
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934 F.2d 1460·
11th Cir.·
1991-06-17
The Eleventh Circuit held that the Georgia Parental Notification Act's notification requirements and judicial bypass procedure do not unduly burden a minor's right to an abortion and survive constitutional scrutiny.
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915 F.2d 386·
8th Cir.·
1990-09-28
The court held that federal district courts lack jurisdiction to review state court decisions, and that the challenged bar admission rule is constitutional.
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915 F.2d 59·
2d Cir.·
1990-09-19
The court held that the Agency for International Development's (AID) Standard Clause, which restricts federal assistance to foreign nongovernmental organizations that perform or promote abortion, does not violate plaintiffs' constitutional rights to speech, association, or privac
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910 F.2d 479·
8th Cir.·
1990-08-02
The Minnesota fetal disposition law is constitutional, not unconstitutionally vague, and does not infringe on a woman's right to an abortion.
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909 F.2d 1175·
8th Cir.·
1990-07-27
The court held that Iowa's voter registration procedures, which do not allow minor parties polling less than two percent of the vote to be listed on registration forms, do not unnecessarily burden the opportunity for citizens and their parties to promote minority interests.
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909 F.2d 408·
10th Cir.·
1990-07-23
The court held that Colorado's one-year durational registration requirement for unaffiliated candidates does not impose an impermissible burden on First Amendment freedoms or Fourteenth Amendment due process and equal protection clauses.
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743 F. Supp. 1573·
S.D. Fla.·
1990-07-19
Miami Tele-Communications, Inc. challenged a $2,500-per-day penalty imposed by the City of Miami without prior notice or opportunity to be heard, asserting violations of due process, equal protection, and Florida contract law. The court held that the licensing ordinance required
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908 F.2d 1395·
8th Cir.·
1990-07-17
A prison regulation prohibiting inmates from artificially inseminating their wives is reasonably related to legitimate penological interests, specifically the equal treatment of all inmates and the allocation of limited resources.
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735 F. Supp. 1040·
S.D. Fla.·
1990-04-13
Res judicata does not bar plaintiffs from challenging the county's race-conscious affirmative action plan due to significant changes in constitutional law, and a supplemental hearing is required to assess the plan's validity under current standards.
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889 F.2d 929·
10th Cir.·
1989-11-07
Oklahoma's constitutional and statutory provisions prohibiting state employees from working in the alcoholic beverage business do not violate the First or Fourteenth Amendments, as they are rationally related to legitimate state interests and do not infringe upon fundamental righ
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873 F.2d 1300·
9th Cir.·
1989-05-04
The court held that restarting a prisoner's mandatory minimum time toward parole eligibility after an escape does not violate the Double Jeopardy Clause or the Equal Protection Clause.
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873 F.2d 178·
8th Cir.·
1989-03-13
The dissenting judges believe the statutory provision requiring an earlier filing deadline for presidential electors of new political parties violates the Equal Protection Clause of the U.S. Constitution.
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862 F.2d 432·
2d Cir.·
1988-12-07
The court held that the Connecticut Hunter Harassment Act is unconstitutionally vague and overbroad on its face and affirmed the district court's judgment.
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529 So. 2d 1190·
Fla. 3d DCA·
1988-07-19
The court granted certiorari and quashed the county commission's rezoning decision because the applicant failed to meet the strict scrutiny standard by providing competent and substantial evidence that the rezoning conformed to the comprehensive land use plan, particularly withou
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698 F. Supp. 871·
S.D. Fla.·
1988-03-31
The court held that homosexuals are not a suspect class for equal protection purposes and that the plaintiff failed to state a claim for due process violations. Claims against certain defendants were dismissed for failure to state a cause of action.
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648 F. Supp. 1103·
M.D. Fla.·
1986-10-03
A public employer may voluntarily adopt an affirmative action plan if it is narrowly tailored to remedy past discrimination, does not unnecessarily trammel the interests of non-minorities, and is temporary.
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796 F.2d 1050·
8th Cir.·
1986-07-21
A statute that discriminates between political subdivisions of a state does not violate the Equal Protection Clause, even if it restricts fundamental rights, as long as it treats similarly situated persons equally and does not mask invidious discrimination.
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790 F.2d 328·
3d Cir.·
1986-05-05
The dissenting judge would affirm the district court's decision, finding a rational basis for the city's requirement that candidates be current in their property taxes.
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762 F.2d 506·
6th Cir.·
1985-05-23
The 1977 amendments to the Social Security Act, which created different benefit formulas based on age, do not violate equal protection.
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470 U.S. 1009·
U.S.·
1985-02-25
The Court of Appeals erred by reversing the jury's verdict and trial court's judgment in favor of a public high school employee who was terminated solely because she was bisexual and revealed this preference to colleagues. The appellate court improperly applied the "matter of pub
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738 F.2d 574·
2d Cir.·
1984-07-16
The court should reverse and enter judgment for the Board of Education, as the prior ruling established no constitutional obligation to alter racial composition.
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737 F.2d 766·
8th Cir.·
1984-06-29
The court held that res judicata was an improper basis for summary judgment because the facts and mail regulations may have changed since the prior case, and genuine issues of material fact and law exist regarding the inmate's First Amendment rights.