cases mgmt - 1 Civil Rights Act of 1964 a Law passed by...

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1. Civil Rights Act of 1964 a. Law passed by congress to implement the decision in Brown and to guarantee civil rights to all ppl. b. BCZ of this law, natl gov filed suit against businesses that were still discriminating c. The constitutionality of the CIVIL RIGHTS ACT came to be the issue d. Congress said YES based on the 14 th amendment and on the commerce clause 2. Federal Gun-Free School Zones Act a. Illegal for anyone to knowingly possess a firearm at a known school zone 3. Violence Against Women Act a. Had to do with us v Morrison 4. Supremecy Clause – Article VI Clause 2 5. Commerce Clause – Art I Section 8 Clause 3 6. Enumerated Powers Clause – Article I section 8 7. Necessary Proper clause – Art 1, after enumerated powers 8. Allied Structural Steel v. Spannaus a. CONTRACTS CLAUSE b. Unconstitutional of state regulation of private pension funds bcz it significantly altered the contractual obligations of employers under previously existing private, unregulated pension funds 9. Board of Regents of the Univ of Wisconsin v Southworth a. Kid not wanting to pay activity fees bcz it went towards a gay club b. S.C. supported university, said that it had a Viewpoint neutral c. POLITICAL SPEECH 10. Brigham City v Stuart a. SEARCH AND SEIZURE
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b. Police officers have right to enter home w/out warrant when they reasonably believ that an occupant is seriously injured or threatened 11. Brown vs Board of Educ a. Said Separate but Equal was Not constitutional b. OVERTURNED PLESSY VS FERGUSON 12. Central Hudson Gas v PSC of New York a. Constitutional analysis is part of 4 part test to determine whether a restriction on commercial speech unduly burdens flow of info b. TEST i. Is speech legal? ii. Is the governmental interest substantial iii. Does the regulation of speech directly advance the gov. interest iv. Does the regulation of speech go too far than necessary to advance that gov interest 13. County of Allegheny v ACLU a. 2 religious displays in Pittsburgh b. ACLU sued to have decorations removed c. 14. Employment division, DHR of Oregon v Smith a. Oregon forbids ingestion of peyote, which one relgion does as part of religion b. Showed how religion cant violate laws 15. First national bank of Boston v Bellotti a. S.C. struck down Mass. Statute prhobiting corporate political speech b. POLITICAL BUSINESS SPEECH 16. Garcetti v Ceballos a. PUBLIC EMPLOYEE SPEECH
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b. Distinguished between public/private speech c. Controlling factor – is statement pursuant to official duties and responsibilities 17. Georgia v Randolph a. Court recognized warrant less entry and search was valid when police obtained the voluntary consent of occupant who shares the common area with
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