Archive for April, 2002

THOMPSON, SEC. OF H&HS v. WESTERN STATES MEDICAL CENT.. Decided 04/29/2002

Sunday, April 28th, 2002
The prohibitions on soliciting prescriptions for, and advertising, compounded drugs that are set forth in the Food and Drug Administration Modernization Act of 1997 amount to unconstitutional restrictions on commercial speech violative of the First Amendment.

US AIRWAYS, INC. v. BARNETT, ROBERT. Decided 04/29/2002

Sunday, April 28th, 2002
An employer's showing that an "accommodation" requested under the Americans with Disabilities Act of 1990 conflicts with seniority rules is ordinarily sufficient to show that the accommodation is not "reasonable"; but the employee remains free to show special circumstances that make a seniority rule exception reasonable in the particular case.

TAHOE-SIERRA PRESERVATION v. TAHOE REGIONAL PLANNING. Decided 04/23/2002

Monday, April 22nd, 2002
Two moratoria on development that the Tahoe Regional Planning Agency imposed while formulating a comprehensive land-use plan for the Lake Tahoe Basin did not constitute per se takings of property requiring compensation under the Takings Clause.

UNITED STATES v. CRAFT, SANDRA L.. Decided 04/17/2002

Tuesday, April 16th, 2002
Michigan law gives a tenant by the entirety individual rights in the estate sufficient to constitute "property" or "rights to property" to which a federal tax lien may attach under 26 U. S. C. §6321.

ASHCROFT, ATTY. GEN., ET AL. v. FREE SPEECH COALITION. Decided 04/16/2002

Monday, April 15th, 2002
Provisions of the Child Pornography Prevention Act of 1996 prohibiting "any visual depiction" that "is, or appears to be, of a minor engaging in sexually explicit conduct," as well as any sexually explicit image "advertised, promoted, presented, described, or distributed in such a manner that conveys the impression" it depicts a minor engaging in such conduct, are overbroad and therefore violate the First Amendment.