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Constitution Law Case Summaries

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WEEKLY OPINION SUMMARIES - May 10-14, 2004
CONSTITUTIONAL CASE SUMMARIES
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TABLE OF CONTENTS

* MCGREAL v. OSTROV

* AM. FAMILY ASS'N, INC. v. FCC

* LOCAL GOV'T ASSISTANCE CORP. v. SALES TAX ASSET RECEIVABLE CORP.

* BOWER ASSOCS. v. TOWN OF PLEASANT VALLEY

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U.S. 7th Circuit Court of Appeals
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MCGREAL v. OSTROV (05/10/04 - No. 02-3405)
Summary judgment was improperly granted to defendants on section 1983
retaliation claim and Mental Health and Developmental Disabilities
Confidentiality Act claim. Plaintiff's protected speech played a
significant role in the police department's decision to fire him;
reversed and remanded on the basis of the Pickering balancing.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/023405p.pdf

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U.S. District of Columbia Circuit Court of Appeals
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AM. FAMILY ASS'N, INC. v. FCC (05/11/04 - No. 00-1310, 00-1479,
01-1222)
The FCC's "point system" for allocating noncommercial educational
broadcast licenses among competing applicants does not systematically
discriminate against religious national broadcasting networks, and is
not arbitrary and capricious.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data2/circs/dc/001310b.pdf

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New York Court of Appeals
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LOCAL GOV'T ASSISTANCE CORP. v. SALES TAX ASSET RECEIVABLE CORP.
(05/13/04 - No. 90)
The Municipal Assistance Corporation Refinancing Act, enacted as part
of a 2003 budget bill to assist New York City in retiring certain
long-term debt, does not violate the State or Federal Constitution.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data/ny/cases/app/90opn04.pdf

BOWER ASSOCS. v. TOWN OF PLEASANT VALLEY (05/13/04 - No. 49, 50)
Plaintiffs were not deprived of civil rights when municipal defendants
refused to consent to land-use permit applications. Though the
municipalities' actions were arbitrary, capricious and without rational
basis, they lacked the egregrious quality that implicates federal
constitutional law, and no showing of improper motivation was made.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.findlaw.com/data/ny/cases/app/49&50opn04.pdf

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Opinion Summaries findlaw Archives - September 2000 to the Present
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