Legal Opinion

Bernstein v. United States Department of State

District Court, N.D. California

Decided April 15, 1996No. C-95-0582 MHPPublishedCited by 15 opinions

1Opinion of the Court

OPINION

PATEL, District Judge.

Plaintiff Daniel Bernstein brought this action against the Department of State and the individually named defendants seeking declaratory and injunctive relief from their enforcement of the Arms Export Control Act (“AECA”), 22 U.S.C. § 2778, and the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. §§ 120-30 (1994), on the grounds that they are unconstitutional on their face and as applied to plaintiff. Now before this court is defendants’ motion to dismiss for lack of justiciability. 1

Having considered the parties’ arguments and submissions, and for…

2Cases cited36 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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3Cited by15 opinions

  1. Universal City Studios, Inc. v. CorleyCourt of Appeals for the Second Circuit · 2001
  2. Universal City Studios, Inc. v. ReimerdesDistrict Court, S.D. New York · 2000
  3. United States v. Elcom Ltd.District Court, N.D. California · 2002
  4. 321 Studios v. Metro Goldwyn Mayer Studios, Inc.District Court, N.D. California · 2004
  5. Bernstein v. United States Department of JusticeCourt of Appeals for the Ninth Circuit · 1999

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