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FLW Supplement Cases of Interest
TORTS--INTERFERENCE WITH PARENTAL RELATIONSHIP. Medical providers who have the consent of one parent do not interfere with a parent's custodial rights by performing non-emergency elective surgery on a child with knowledge that one parent objects and is withholding consent. Read more...
SEARCH AND SEIZURE. Carrying a concealed firearm, standing alone, does not provide reasonable suspicion for an investigatory stop. Read more...
DEPENDENT CHILDREN. A court may terminate its supervision and place a child with a non-offending parent pursuant to Section 39.521(3)(b) even if the child is living with the non-offending parent at the time of the incident which gave rise to dependency adjudication. Read more...
FLW Federal Cases of Interest
CRIMINAL LAW--SENTENCING--ARMED CAREER CRIMINALS ACT. The residual clause of the ACCA, which defines a "violent felony" as including any felony that involves conduct that presents a serious potential risk of physical injury to another, is unconstitutional. Read more...
MARRIAGE--SAME-SEX. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when the marriage was lawfully licensed and performed out-of-state. Read more...
ENVIRONMENTAL LAW--CLEAN AIR ACT--POWER PLANT EMISSIONS. The Environmental Protection Agency interpreted 42 U.S.C. section 7412(n)(1)(A) unreasonably when it deemed cost irrelevant to its decision to regulate power plants. Read more...
ELECTIONS--REDISTRICTING. The Arizona legislature had standing to challenge Arizona voters' removal of redistricting authority from the Legislature and vesting it in an independent commission. The Elections Clause and 2 U.S.C. section 2a(c) permit Arizona's use of a commission to adopt congressional districts. Read more...