Constitutional Law

Massey & Gail has a wide range of experience in constitutional litigation.  For example, we represented Vice President Al Gore in the 2000 Presidential election recount litigation.  We have represented homeless vets claiming violations of their rights to government benefits, school children asserting rights to educational equality, and prison inmates asserting free exercise claims against grooming restrictions.

But our constitutional advocacy is not limited to conventional civil rights claims.  We have also successfully developed constitutional arguments for our commercial clients, allowing them to vindicate their fundamental rights to free speech, due process, and property.  For example, we have formulated arguments for:

  • commercial clients facing administrative schemes that deny due process by depriving targets of agency adjudications prior notice and a meaningful opportunity to be heard; 
  • commercial clients facing unconstitutionally excessive statutory damages in copyright and similar contexts, where the aggregation of penalties can potentially reach draconian amounts; 
  • real estate developers facing confiscatory zoning rules and constitutionally inadequate compensation under inverse condemnation procedures;
  • investment funds, regulated public utilities, and telecommunications companies facing unconstitutional limits on their speech and marketing activities; and 
  • websites facing assertions of personal jurisdiction by state courts on the ground they are accessible from the forum via the Internet.