Read NSCLC's analysis of court decisions from 2005

• Easterbrook on the Gonzaga “Oxymoron”; Roberts on Overturning Thiboutot
The Seventh Circuit has held that the Driver’s Privacy Protection Act of 1994 does not give a businessman a right to records that he wants to help him buy cars auctioned to satisfy mechanics’ lien...
• The Balance Between the Commerce Clause and the 14th Amendment in Protecting Individual Rights
As a result of narrow readings of the Constitution by 19th Century judges and the Rehnquist Court, the most important source of Congress’s power to protect individuals may now be the Commerce Clause...
• No State Waiver of Immunity Under RCRA or CERCLA
An Oregon district court has found that the state did not waive its sovereign immunity from suit under the Resource Conservation and Recovery Act (“RCRA”) or the Comprehensive Environmental Respon...
• 5th Cir Upholds Preemption Claim Without 1983 "Rights"
March 15, 2005 5th Cir Upholds Preemption Claim Without 1983 "Rights" The Fifth Circuit has held that plaintiffs may use a preemption claim to enjoin a state law that conflicts with federal law, ...
• No 1983 for FAA and AAIA
A district court has found that bankruptcy debtor Jet 1 Center, Inc. had no rights enforceable through 42 U.S.C. § 1983 under the Federal Aviation Act, 49 U.S.C. § 40103(e), or the Airports and Airw...
• Garrett Back, Briefly; Everyone "Missed Something Big"
In an amazing opinion that should be required reading for a number of reasons, the district court on remand from Garrett v. Board of Trustees, 531 U.S. 356 (2001), has concluded that the Supreme Court...
• Voting Rights Act Claim Against State Not Barred by Sovereign Immunity
A district court has held that Congress validly abrogated states’ sovereign immunity in the Voting Rights Act. Reaves v. U.S. Dep’t of Justice, ---F.Supp.2d---, 2005 WL 237770 (D.D.C. Feb. 1, 2005...
• Jackson v. Birmingham Board Is a Bit of a Throwback
The United States Supreme Court has ruled that it is unlawful discrimination, in violation of Title IX of the Educational Amendments of 1972, 20 U.S. C. §1681(a), for a public high school to punish a...
• Supreme Court: ADEA Authorizes Disparate Impact Suits
A majority of the U.S. Supreme Court has held that the Age Discrimination in Employment Act (ADEA) authorizes recovery based on disparate impact. Smith v. City of Jackson, ___U.S.___, 2005 WL 711605 (...
• Medicaid Act Enforceable by State as 3rd Party Beneficiary of Federal Contract
A Massachusetts district court has held that there is no implied right of action allowing a state to enforce the Medicaid Best Prices Statute, 42 U.S.C. § 1396r-8, against drug manufacturers who repo...