Affordable housing v. smart growth?

The Ukiah Daily Journal last week reported that a local smart growth group wants housing agency to hold off with proposals for development of affordable housing conforming to “housing element” legal mandates. A spokesperson for the smart growth group stated…

United States v. Ye, No. 05-10073 (9th Cir. February 2, 2006)

This is a criminal case involving stolen trade secrets, where the district court granted a pre-trial discovery order requiring the depositions of some important government expert witnesses. The government appealed, raising a host of arguments challenging the order. The Court…

Planned Parenthood Federation of America v. Gonzales, No. 04-16621 (9th Cir. January 31, 2006)

In 2003 Congress enacted, and President Bush signed, the “Partial Birth Abortion Ban Act,” which prohibited the performance of a certain abortion procedure (the “intact dilation and extraction”), and imposed criminal and civil liability for violations of the statute. The…

Gilmore v. Gonzales, No. 04-15736 (9th Cir. January 26, 2006)

The plaintiff in this case is a United States citizen who fervently believes that the requirement of the Transportation Security Administration (TSA), that all passengers boarding airline flights in the United States must present identification prior to boarding, is unconstitutional….

Affordable Housing Development Corp. v. City of Fresno, No. 04-15625 (9th Cir. Janury 11, 2006)

This is a complex case that was filed in 1997 against the City of Fresno, several of its City Council members, and a number of individual “citizens,” by the plaintiff corporation, a developer of affordable housing. The plaintiff was pursuing…

Geocoding en masse

You know those dramatic, zooming-in satellite shots used increasingly by television news programs, to show you the location of the place they’re talking about? As often as not, that effect is done with a high-end version of Google Earth. The…

Pony v. County of Los Angeles, No. 03-56855 (9th Cir. January 11, 2006)

In an important decision implicating the relative rights to statutory attorney’s fees between attorney and client in a civil rights suit, the Court concludes that a plaintiff who brings suit under 42 U.S.C. § 1983 cannot assign her right to…

Hardage v. CBS Broadcasting, No. 03-35906 (9th Cir. January 6, 2006)

This opinion supersedes and amends the prior decision in this employment discrimination case.  The majority and dissent agree that the plaintiff, who alleged he was subject to unwelcome sexual advances by a female supervisor, failed to establish either constructive discharge…

Webb v. Barnhart, No. 04-35445 (9th Cir. December 29, 2005)

This is a Social Security disability benefits appeal in which a divided panel of the Court reverses the administrative denial of benefits because the Administrative Law Judge incorrectly ruled, at step two of the sequential process for determining disability, that…

Environmental Protection Information Center v. U.S. Forest Service, No. 04-15512 (9th Cir. December 19, 2005)

This case involves the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a), which govern the waiver of fees imposed by the agency upon the requesting party for copying and other costs.  In general, FOIA provides for the…