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FLW Supplement Cases of Interest
PANHANDLING. In an order that affected multiple cases, a county court judge ruled that section 337.406, Florida's anti-panhandling statute, was per se unconstitutional. Read more...
DISSOLUTION OF MARRIAGE. A circuit court determined a former husband's liability for economic losses attributable both to the husband's delay in delivering stock beyond the date specified in a property settlement agreement and to the husband's provision of incorrect tax basis information to the wife. Read more...
DRIVING UNDER THE INFLUENCE. A county court found that sample testing of a lot of intoxilyzer alcohol reference solution was not in substantial compliance with administrative rules, which require that a minimum of ten bottles from a lot of ARS be tested two times, yielding twenty results within an acceptable range. 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...