How does one analyze an unreasonable search differently from an unreasonable seizure? Does it matter, analytically, whether a seizure was unwarranted as opposed to unreasonable? The Eighth Circuit Court of Appeals has the answers. It issued this decision today which begins: PPS, Inc. (PPS), the owner of the EZ Cash Pawn Shop in Little Rock, Arkansas (EZ), [...]
Today the Fourth Circuit Court of Appeals decided a wine-shipping case in Brooks v. Vassar. The opinion begins: This appeal involves a facial challenge, under the dormant Commerce Clause of the United States Constitution, to various aspects of Virginia’s Alcoholic Beverage Control Act (“ABC Act”), Va. Code § 4.1-100 et seq., which generally prohibits the [...]
“New federal regulations are changing the way gay men post nude photos of themselves online and may be curtailing the supply of adult entertainment available on the web,” reports Southern Voice Online here. The new federal statute: § 2257. Intended to curb child pornography, this law requires that sites and stores offering pornographic material to [...]
“A coalition of 13 conservative groups – including the Family Research Council and Concerned Women for America – took out full-page ads in some editions of USA Today earlier this month urging the Justice Department and FBI to investigate whether some of the pay-per-view movies widely available in hotels violate federal and state obscenity laws,” [...]
News from South Carolina: “Horry County pressed forward Monday on the state’s first casino boat tax despite a legal challenge from a boat operator. The tax could go before County Council next month and, if passed, net millions of dollars in annual revenue from two gambling boats in Little River, according to the council’s Administration [...]
“A two-year-old state law banning sexually suggestive billboards along Missouri highways is unconstitutional, a federal appeals court panel ruled Monday,” reports Law.com here. It looks like Central Hudson Gas & Electric Corp. v. Public Serv. Comm’n of N.Y., 447 U.S. 557 (1980) got in Missouri’s way. But don’t take my word for it. You can [...]
Apparently maybe. The www.MiamiHerlad.com reports here about the Chuck E. Cheese exception to Florida’s gambling statute, which allows coin-operated games if a skilled player can manipulate the outcome. So can you master the one-armed bandit? It’s a fact, maybe — just check it out here on Wikipedia.