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.
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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.
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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.
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