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October 17, 2007

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, EDUCATION LAW, GOVERNMENT LAW
• Beth Medrash Eeyun Hatalmud v. Spellings

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, PROPERTY LAW & REAL ESTATE
• Westchester Day Sch. v. Village of Mamaroneck

CRIMINAL LAW & PROCEDURE
• US v. DeGennaro

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LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL PROCEDURE, EDUCATION LAW, GOVERNMENT LAW
Beth Medrash Eeyun Hatalmud v. Spellings, No. 06-0976
In case involving termination of plaintiff educational institution's eligibility to participate in Pell Grant program, summary judgment for plaintiff is reversed where the district court erroneously directed payment with interest of the portion of Pell Grant funds that was withheld by defendant. Read more...

CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW, PROPERTY LAW & REAL ESTATE
Westchester Day Sch. v. Village of Mamaroneck, No. 06-1464
Judgment ordering defendant-village to issue a permit to plaintiff to proceed with the expansion of its day school facilities is affirmed primarily as plaintiff's religious exercise was substantially burdened by defendant's arbitrary and unlawful denial of its application and, thus, defendant violated the Religious Land Use and Institutionalized Persons Act. Read more...

CRIMINAL LAW & PROCEDURE
US v. DeGennaro, No. 06-4195
Order holding that retrial of defendants would not violate the Double Jeopardy Clause and denying motions to bar retrial and dismiss the indictment is reversed where: 1) the decision of the trial court that there was "manifest necessity" to declare a mistrial was an abuse of discretion; and 2) a statement by counsel in support of a motion for mistrial, quickly reconsidered, does not preclude the defendant from claiming that the Double Jeopardy Clause bars retrial. Read more...


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