The Agriculture Marketing Agreement Act of 1937 allows the United States Secretary of Agriculture to establish “marketing orders” to ensure stability in a variety of agricultural markets. The marketing order requiring raisin growers to turn over a percentage of their crop to the government free of charge is an allocation… Read more »
Posts Tagged: Appeal Attorneys
Supreme Court Rules on Same Sex Marriage – Appellate Lawyers’ Analysis
In a landmark decision Friday, the Supreme Court of the United States held that the Constitution allowed same sex couples the right to legally marry, regardless of where they resided in the United States. The Court was closely divided in its 5-4 ruling, with Justice Anthony Kennedy writing the opinion… Read more »
Federal Ban on School Bake Sales & Vending Machines – Unconstitutional
Do you remember high school? Do those memories include eating cookies from charity bake sales held by student groups, a candy bar from the vending machine while you were waiting for the bus, or (heaven forbid) a soda after football practice? Times have changed. Recent additions to the Code of Federal Regulations require that schools… Read more »
Horne v. Department of Agriculture is About More than Just Raisins and Free Markets
Condemnation law can be a tricky affair. But, until recently, there was one solid rule you could rely on: if the government physically takes possession of someone’s property, it’s generally a taking, and the government has to pay the owner. You will notice we noted “until recently.” The United States Supreme Court will soon have the… Read more »
California Appeal Law Firm Analyzes Berkeley Hillside Preservation v. City of Berkeley : California Supreme Court Restores Common Sense to CEQA
In a major victory for the rights of property owners throughout the state, on March 2 the California Supreme Court in Berkeley Hillside Preservation v. City of Berkeley held that the construction of a single family home is categorically exempt from the requirement of the preparation of an environmental impact report (EIR) under the California Environmental… Read more »
9th Circuit Court of Appeals to Decide a Major Occupational Licensing Case
The Ninth Circuit will soon have the opportunity to decide whether occupational licensing applicants must submit to all licensing procedures and be denied a license before they can challenge the constitutionality of those procedures in court. The facts of the case are fairly straightforward. Maurice Underwood wants to run a moving truck company in… Read more »
U.S. Supreme Court to Decide Whether Private Home Assistants Can be Compelled to Join a Union Against Their Will
This term the US Supreme Court will have the opportunity to decide whether the state can force private home assistants to join a public employee union. Recently, the Court agreed to hear arguments from appeal lawyers in Harris v Quinn. That case challenges the constitutionality of an Illinois executive order that declared personal home assistants (i.e…. Read more »