Constitutional Law

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CVK has handled many cases that raised significant issues under the state and federal constitutions.  We have particular expertise in the state initiative and referendum process.  On three occasions, we persuaded the Oregon Supreme Court to invalidate a voter-approved initiative that attempted improperly to amend the state constitution.  We have also defended some initiatives.  CVK has also handled cases involving the Bills of Rights, both state and federal.  Tom Christ has argued a Fourth Amendment case to the United States Supreme Court, and has been selected by his peers for inclusion in Best Lawyers in America in the area of First Amendment law. Thom Brown was co-counsel on a Fourteenth Amendment case in the United States Supreme Court involving the due process limitations on punitive damages and has since often been involved as amicus counsel in state court cases involving the issue.

Representative Matters

Yancy v. Shatzer,
          337 Or. 345, 97 P.3d 1161 (2004) (issue: does state constitution permit Oregon courts to decide moot cases that present recurring issues?)

State ex rel Kaino v. Ore. Comm. on Judicial Fitness and Disability,
          335 Or. 633, 74 P.3d 1080 (2003) (issue: does state constitution allow Supreme Court to discipline municipal court judges for ethics violations?)

Foster v. Carson,
          347 F.3d 42 (9th Cir. 2003) (issue: did state violate federal guarantee of right to counsel when it imposed moratorium on appointment of attorneys for indigent defendants in certain criminal cases?)

League of Oregon Cities v. State,
          334 Or. 645, 56 P.3d 892 (2002) (issue: did Ballot Measure 7 (2000) improperly amend the state constitution?)

Swett v. Bradbury,
          333 Or. 597, 43 P.3d 1094 (2002) (issue: did Ballot Measure 62 (1998) improperly amend the state constitution?)

Fidanque v. State,
          328 Or. 1, 969 P.2d 376 (1998) (issue: was state tax on lobbying an unconstitutional infringement on free speech?)

Armatta v. Kitzhaber,
          327 Or. 250, 959 P.2d (1998) (issue: did Ballot Measure 40 (1996) improperly amend the state constitution?)

Wabban, Inc. (dba HomeBase) v. Brookhardt,
          142 Or. App. 261, 921 P.2d 409 (1996) (issue: does state constitution entitle initiative signature-gatherers to solicit on private property?)

Vernonia School  District 47J v. Acton,
          515 U.S. 646, 115 S. Ct. 2386, 132 L.Ed.2d 564 (1995) (issue: does suspicionless and warrrantless drug testing of students violate the Fourth Amendment?)

Honda Motor Corp. v. Oberg,
          512 U.S. 415, 114 S. Ct. 2331, 129 L.Ed.2d 336 (1994) ( issue: does the Fourteenth Amendment require review of punitive damages awards for excessiveness?)