Criminal Law Zoning, Planning & Land Use Constitutional Law

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Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more

Supreme Court Update: U.S. Army Corps Of Engineers V. Hawkes (15-290), Johnson V. Lee (15-789), Lynch V. Arizona (15-8366) And...

As we settle into June, the Eight seem to be clearing out the less difficult decisions in preparation for what could be a messy end to the term, given some controversial issues (abortion, affirmative action, immigration) and...more

The Supreme Court - May 2016 #4

The Supreme Court of the United States issued decisions in three cases on May 31, 2016: Army Corps of Engineers v. Hawkes, No. 15-290: Three mining companies sought a permit under the Clean Water Act seeking to...more

Church of the Flying Spaghetti Monster Not a Religion, Says Federal Court

We don’t often report on RLUIPA prisoner cases (recall, that RLUIPA applies in the land use and prison contexts). But a recent federal decision in Nebraska – Cavanaugh v. Bartelt (D. Nebraska 2016), is just too good to pass...more

Transgender Native American Prisoner Denied Access to Sweat Lodge and Unsatisfied with the Alternative Sues under RLUIPA: More on...

Corrections Corporation of America (Dist. Idaho 2015) because the decision reflects a recent trend in RLUIPA cases: close judicial scrutiny as to whether a compelling government interest is furthered by “the least restrictive...more

California Supreme Court: Sex Offender Residency Restrictions Unconstitutional

Opinion Likely to Impact Cities’ Policies - Residency restrictions that prohibit sex offenders from living within 2,000 feet of a school or park are unconstitutional, the California Supreme Court ruled this week. The...more

Ninth Circuit: Ordinance Criminalizing Living in Car Is Unconstitutionally Vague

If you eat, talk on the phone, and escape the rain in your car, are you using the car “as living quarters either overnight, day-by-day, or otherwise?” What if you load up the car with personal belongings for a camping...more

The Supreme Court Strikes Down Buffer Zone Law

A local government can create a 35-foot buffer zone to restrict speech on a public street only if it has first made a serious effort to address the issue in other ways. Originally published on the IMLA Appellate...more

California Supreme Court Declines Review of Cases Invalidating Local Bans on Sex Offenders

Supreme Court Leaves Intact Court of Appeal Cases Holding That State Law Preempts Some Local Sex Offender Ordinances - Local laws regulating where sex offenders may go are likely now invalid following the California...more

U.S. Supreme Court Roundup - National Conference of State Legislatures Legislative Summit – August 2013

The U.S. Supreme Court's recent term included decisions in several cases with implications on states and states' rights. This presentation included the court's review and opinions handed down for the following cases. -...more

Weekly Law Resume - March 21, 2013: Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals’ Eighth Amendment...

Bell, et al. v. City of Boise, et al. United States Court of Appeals for the Ninth Circuit March 7, 2013 Plaintiffs in this case are seven individuals who either are or have been homeless in Boise. They have all...more

Noise Ordinances Being Struck Down Post-Tanner: The Problem of Decibels

As discussed in the last post, many localities are struggling after the Virginia Supreme Court’s opinion in Tanner v. City of Virginia Beach to adopt ordinances to comply with that decision. No longer can localities use a...more

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