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The Courts, Criminal Justice & Tort Archive

Wednesday

26

July 2006

0

COMMENTS

Ohio Court Defends Private Property

Written by , Posted in Government Meddling, The Courts, Criminal Justice & Tort

An Ohio suburb’s attempt to seize private homes using eminent domain so they can build offices and shops was shot down by Ohio’s high court.

Ohio’s highest court said a Cincinnati suburb may not take over private property to make way for a $125 million development of offices, shops and restaurants.

The case is the first challenge of property rights laws to reach a state high court since the U.S. Supreme Court ruled that local governments can seize homes for use in private development.

The Ohio case involved the city of Norwood, which used its eminent domain authority to overrule holdouts against private development. The project is meant to revitalize the neighborhood, but the state court says economic development alone doesn’t justify taking homes.

Monday

26

June 2006

0

COMMENTS

SCOTUS Rejects Vermont Campaign Finance Law

Written by , Posted in The Courts, Criminal Justice & Tort, The Nanny State & A Regulated Society

The Supreme Court decided Randall v. Sorrell today, a case involving Vermont’s campaign finance laws. Though the decision struck down Vermont’s campaign spending limits, it was not a decisive victory for free speech. Instead, Roberts and Alito, both in their first ruling on campaign finance, agreed that some campaign contribution limits are consistent with the First Amendment. More on that at SCOTUSblog.

The court did reject expenditure limits on candidates as unconstitutional, however. The court found that limits that are too low give unfair advantages to incumbents by “preventing challengers from mounting effective campaigns.”

While this ruling is welcomed, what we really want to see is a challenge to the advertising restrictions of campaign finance that limit free speech at the time when it’s most vital to the exercise of core democratic rights, immediately before elections.

Monday

5

June 2006

0

COMMENTS

Supreme Court To Hear K-12 Affirmative Action Case

Written by , Posted in The Courts, Criminal Justice & Tort

From SCOTUSBlog:

The Supreme Court agreed on Monday to consider the use of race in student assignments in two urban school districts — the first time it will take up the affirmative action issue since its rulings in 2003 on college admissions. The cases are from Seattle and Louisville, Ky. The Court had examined the two cases six times before deciding to hear them. Argument will be held in the new Term opening in October. The cases are Parents Involved v . Seattle School District (05-908) and Meredith v. Jefferson City Board of Education (05-915).