E. Supp. 2015

Curbing “Unbridled Discretion”: The Direct and Indirect Effects of Patel v. Los Angeles on Hotel Owners and Their Patrons

Abstract: In Patel v. City of Los Angeles, the U.S. Court of Appeals for the Ninth Circuit struck down Los Angeles Municipal Code section 41.49, which authorized warrantless, on-site search and seizure of hotel and motel guest registries. In doing so, the majority recognized that in the absence of a warrant, an administrative record inspection […]

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Judging Gender Norms in EEOC v. Boh Bros. Construction Co.: Why the Subjective Approach Is Necessary When Evaluating Claims of Sex Discrimination Based on Gender Stereotyping

Abstract: On September 27, 2013, the U.S. Court of Appeals for the Fifth Circuit, sitting en banc, held in favor of Kerry Woods, a heterosexual male construction worker who claimed sex discrimination based on gender stereotyping by Chuck Wolfe, his heterosexual male supervisor. In EEOC v. Boh Bros. Construction Co., the majority based its analysis […]

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Who Will Protect Our Students if the Constitution Can’t?: An Examination of Due Process Protections for Bullied Students in Morrow v. Balaski

Abstract: On June 5, 2013, the U.S. Court of Appeals for the Third Circuit, sitting en banc, concluded that the Morrow family failed to state a claim against their school district for failing to protect their daughters from harm sustained by a school bully. By dismissing the Morrows’ suit, the Third Circuit failed to hold […]

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Better Know a District: Suesz v. Med-1 Solutions, L.L.C. and Debt Collection in Localized Small Claims Court Districts

Abstract: In 2012, a debt collector, Med-1 Solutions, won a judgment against Mark Suesz in Pike Township Small Claims Court for unpaid debt that arose in Lawrence Township, Indiana. Suesz, a resident of Hancock County, sued Med-1 for a violation of the Fair Debt Collection Practices Act, which requires small claims suits to be brought […]

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A Tooth and Nail Fight: Peralta v. Dillard and the Ninth Circuit’s Indifference Toward Eighth Amendment Violations

Abstract: In Peralta v. Dillard, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, denied a prisoner suffering from severe tooth decay and dental disease legal recourse from a state prison that had not provided him adequate medical treatment. In its six-to-five ruling, the Ninth Circuit ignored more than thirty years of […]

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Dead Men Tell No Tales: The Importance of the Summary Judgment Standard in the Deadly Force Case of Gonzalez v. City of Anaheim

Abstract: Anaheim police officer Daron Wyatt shot and killed Adolph Gonzalez following a traffic stop and physical confrontation among Gonzalez and officers Wyatt, and Matthew Ellis. Gonzalez’s successors brought a 42 U.S.C. § 1983 claim alleging, among other claims, a violation of Gonzalez’s Fourth Amendment right to be free from the use of unreasonable and excessive […]

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