Wednesday, November 21, 2012

Fourth Circuit -- Jimmy Martin v. Reginald Lloyd

Gambling statute not void for vagueness on facial challenge as (1) gambling isn't a constitutional right and (2) statute is not void as to all applications.

Ex Parte Young (no, not that part of the holding - the other part of it) not violated by the fact that one party has to put a prohibited machine into service to create a case/controversy.  The rule only applies where a question of fact can only be determined by conduct which might violate the statute.

Jimmy Martin v. Reginald Lloyd
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.