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Constitutional Law

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Growers’ First Amendment rights were not violated by having to pay assessments that funded advertising by the California Table Grapes Commission since the advertising was government speech and there was sufficient government responsibility for and control over the advertising. Read More

The dormant Commerce clause does not apply to acts that a state takes as a participant in the market, even if such acts discriminate against interstate commerce (such as, here, regulation of the rates at which the State of California will reimburse hospitals for services rendered to Medi-Cal patients). Read More

The separation of powers forbids Congress from compelling findings or results under an old law, but not from enacting a new law that dictates the outcome of pending cases. Read More

An internet website may assert the First Amendment rights of its anonymous posters when opposing a subpoena requiring it to reveal a poster’s identity, but the poster has no right to remain anonymous if the party issuing the subpoena demonstrates that the posted information was defamatory. Read More

Later filed state court proceedings warrant Younger v. Harris abstention only when the district court proceedings are at an "embryonic stage." State statute requiring in-state incorporation to obtain license to conduct interstate business violates the dormant Commerce Clause, but First Amendment is not infringed by statutes requiring a disclosure that the existing lender did not sponsor or authorize third-party ads… Read More

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