THE DECISIONS OF THE HANSON COURT

 

SPRING 2008 DECISIONS

 

Bong Hits for Jesus: Punishing Student Message

Morse v Frederick

May a Principle penalize a student for expressing a potentially pro-drug message at a school-public event?

08-sarah-nick-bong-hits-for-jesus.htm

 

Eminent Domain for Public Project using Private Development

Kelo v New London

May the government use eminent domain for a public project that uses private development?

08-roman-griff-new-london-eminent-domain.htm

 

EPA Regulation of CO2—Greenhouse Gases

Massachusetts v EPA

Is CO2 an air pollutant and does the EPA have a legal obligation to regulate it?

08-ashma-rhea-mass-epa.htm

 

Music File Sharing

Virgin et al v Thomas

Did Thomas illegally share music files and should she be fined stringently?

08-aisha-galen-music-files.htm

 

Mandatory Flag Salutes

Barnette v West Virginia

Shall Jehovah’s Witnesses be required to do the Pledge of Allegiance in School?

08-paul-mollie-w-virginia-flag.htm

 

Florida Presidential Vote Recount

Bush v Gore

Shall Florida recount votes in 4 counties in the 2000 Presidential Election?

08-gabriela-kramer-gore-bush.htm

 

Sex Toy Sales

Texas v Reliable Consultants

May a state restrict the sale, exchange, and promotion of sex toys on the basis of their alleged obscene nature?

08-katie-sex-toys-texas.htm

 

Religious Group Meeting after Hours at a School

Good News Club v Milford

Shall a religious group engaged in religious expression-activities be allowed to meet at a public school after hours?

08-lauren-lauren-religious-group-in-school.htm

 

Silence as Admission in a Criminal Trial

Oregon v Clark

Is silence in response to another person’s accusation of intent to murder admissible in trial?

08-liz-clark-oregon-silence-admission.htm

 

SPRING 2006 DECISIONS

 

Gay Marriage

Morrison v. Sadler

Is there a constitutional right to same sex marriage?

06-kevin-nicole-gay-marriage.htm

 

Eminent Domain

Kelo v. New London

May the government take homes for the purpose of a project developed by private entities but approved by a city council for public purposes?

06-austin-garrett-eminent-domain.htm

 

Military Recruiting

Rumsfeld v. FAIR

May the government cut federal funds to schools that refuse to permit military recruiting?

06-chris-megan-military-recruiting.htm

 

Virtual Child Pornography

Ashcroft v. Free Speech Coalition

Does the CPPA restrict child pornography in a constitutional manner?

06-jack-keagan-child-porn.htm

 

Resale of Imported Copyrighted works

Quality King Distributors v. L’anza

Does United States copyright law prevent the resale of items purchased outside the United States without the copyright owner’s permission?

06-jason-nathan-resale-of-us-products.htm

 

Right to Die

Gonzalez v. Oregon

Does the Attorney General have the power to restrict Oregon’s Right to Die Legislation?

06-maggie-tom-right-to-die.htm

 

Detaining American Citizens without a hearing

Hamdi v. Rumsfeld

Does the indefinite detention of American Citizens during a time of war violate the Constitution?

06-adam-matt-hamdi-detention.htm

 

Executing Juveniles

Simmons v. Roper

Does the execution of juveniles violate the 8th amendment of the Constitution?

06-nat-booch-juvenile-executions.htm

 

Victim Impact Statements in Capital Trials

Booth v. Maryland

Does the use of victim impact statements in capital trials violate the Constitution? Further, does the death penalty violate the Constitution?

06-nav-booch-victim-impact-statements.htm

 

SPRING 2004 DECISIONS

 

Racial Profiling Case--Martinez

United States of America, Respondent, v. Ines Herrara Martinez, Appellant.

 

Is the 4th amendment right against unreasonable search and seizure violated when a policy officer seeking to apprehend “Mexicans” with California license plates stops a car for going slightly over a highway line and uses a drug sniffing dog without clear suspicion of drug use?

 

Majority Opinion: 4th amendment is violated

morganmartinez.htm

 

Dissenting Opinion: 4th amendment is not violated

ryanmartinez.htm

 

 

Free Speech in Advertising—Nike

NIKE, INC., Defendant - Appellant, v. MARC KASKY, Plaintiff – Respondent

 

Does California have the right to allow suits against corporations for inaccurate information in advertisements/presentation of information that defends their products and production methods?

 

Majority Opinion: Yes, California can regulate corporate speech.

dylanmattnike.htm

 

 

Child Pornography Protection Act

JOHN ASHCROFT, Defendant - Appellant, v. ACLU, Plaintiff – Respondent

 

Does the government’s attempt to restrict what appears to be child pornography violate the First Amendment?

 

Majority Opinion: Yes.

joshmattcppa.htm

 

Miranda Rights and Resulting Evidence--Patane

UNITED STATES v. PATANE

 

Is an officer required to complete the Miranda rights when the accused says he knows those rights? Is the gathering of evidence for the courtroom permitted when Miranda rights are violated?

 

Majority Opinion: Yes officers must complete the Miranda rights. Evidence gathering is permitted but only when it would inevitably be discovered.

charliebrandonpatane.htm

 

Execution of Mentally Retarded and . . .--Atkins

Atkins v. Virginia

 

Is the execution of mentally retarded individuals constitutionally permitted? Is the execution of any individual constitutionally permitted?

 

Majority Opinion: Execution of the mentally retarded, indeed anyone, is no longer constitutional.

lizziedaviddpenalty.htm

 

Publishing Negative Information about a Man . . . Uranga

Fred Uranga v. Idaho Statesman

 

Is a newspaper liable for reprinting a government document naming a person as being involved in behavior that might hurt that person’s reputation even though the newspaper does not know whether the person really did engage in that behavior?

 

Majority Opinion: The newspaper is not liable.

stevescooterstatesman.htm

 

Affirmative Action at the University of Michigan

Grutter v. Bollinger

 

Is the University of Michigan’s policy of using race/ethnicity as a plus factor in admission decisions to its law school constitutional?

 

Majority Opinion: Yes so long as no substantially more qualified individual is denied admission while a substantially less qualified individual is admitted.

thaliacurtmichigan.htm

 

Eagles excluding women

Fraternal Order of Eagles, Tenino Aerie v. Grand Aerie Fraternal Order of Eagles

Is the Eagles organization a private organization and hence not required to permit women to participate?

 

Majority Opinion: Yes.

rossandyeagles.htm