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The court determined that the residual clause was unconstitutionally vague because of the combination of two factors: (1) it focused on the ordinary case of a felony, rather than statutory elements or the nature of the convicted's actions, leaving significant uncertainty about how to assess the risk posed by a crime; and (2) the clause does not ...
Municipal ordinance imposing licensing and other requirements on sale of drug paraphernalia was not facially an overbroad restriction on speech as overbreadth doctrine does not apply to commercial speech; facial challenge as vague fails where plaintiff cannot demonstrate law was impermissibly vague in all its applications, and as economic ...
Nevada Commission on Ethics v. Carrigan, 564 U.S. 117 (2011), was a Supreme Court of the United States decision in which the court held that the Nevada Ethics in Government Law, which required government officials recuse in cases involving a conflict of interest, is not unconstitutionally overbroad. Specifically, the law requires government ...
The scope of authority held by an agency is determined by the agency's organic statute.Where Congress grants an agency the power to maintain and regulate an area guided by the "public interest, convenience, or necessity," such a grant of power can include the regulation of areas not explicitly contemplated by the organic statute, as long as they are within the scope of the purpose of the ...
A federal appeals court has stuck down the Federal Communications Commission's policy on indecent content, saying it "violates the First Amendment because it is unconstitutionally vague." The ...
Buckley v. Valeo, 424 U.S. 1 (1976), was a landmark decision of the US Supreme Court on campaign finance.A majority of justices held that, as provided by section 608 of the Federal Election Campaign Act of 1971, limits on election expenditures are unconstitutional.
A state commission that investigates ethical violations in New York was created unconstitutionally, an appeals court said Thursday in a ruling in favor of former Gov. Andrew Cuomo that targets the ...
The Institute for Justice says Indianapolis police and prosecutors are exploiting one of the biggest FedEx hubs in the U.S. to seize cash for alleged crimes they never explain.