Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be Continue Reading...
History Of the Western Law Meaning - in legal terms - for nations to "stay the hand of vengeance" Justice Robert Jackson, while delivering his opening speech in November 1945 during the infamous Nuremberg trials for war offenses, enjoined the leade Continue Reading...
Hamilton Assertion Proves Incorrect There are parts of Hamilton's statement regarding the nature of the Supreme Court and its influence that are largely inaccurate. There are myriad examples which prove the Supreme court has both force as well as wi Continue Reading...
Free SpeechThe question of whether legal protections should extend to offensive speech in all contexts is a complex and contentious one. While the First Amendment to the United States Constitution protects free speech, there are limitations on this p Continue Reading...
Labor Relations/Collective Bargaining The discussion below is a review of the case between Mach Mining and EEOC A close look at the sex discrimination case against March Mining LLC, EEOC, and the respondent decided that there was enough ground to b Continue Reading...
Supreme Court of the United States is commonly held to be the last bastion of getting a legal standard correct and complete. While legal precedents shift and change over time, the court eventually "gets it right" or at least comes to a settled posit Continue Reading...
Jim Crow and the Segregation of SchoolsThe Jim Crow era lasted from after the Civil War, i.e., roughly around the late 19th century, to the mid-20th century in the United States. It was characterized by a series of policies at the state and local law Continue Reading...
Branches When it comes to the Patient Protection and Affordable Care Act, all three branches of the United States government play their own role when it comes to this enacted legislation. Beyond that, the idea of federalism and federal supremacy cl Continue Reading...
Adams vs. Uno Restaurants, Inc. Gerald K. Adams, the plaintiff, had been employed by Uno Restaurants, Inc., the defendant, for several years. On March 20, 1996, Adams arrived for his nighttime line cooking shift at Uno Restaurants in Warwick. Few mi Continue Reading...
Thus, the availability of handguns not only results in a surprisingly large amount of deaths each year, but also those deaths disproportionately affect juveniles and the mentally ill. If hand guns were unavailable to the population, juvenile murder Continue Reading...
executive office should influence women's rights largely depends on the political climate. The executive can and should balance the powers of the legislature and the judicial branch, as per the Constitution. Moreover, women's rights are universal an Continue Reading...
These could be considered mitigating psychological factors. It also supports the argument that extra efforts at remediation that might not be appropriate with hardened criminals might be appropriate for younger offenders. While youthful offenders w Continue Reading...
interview with President-elect Donald Trump shows how televised media creates negotiated codes within a hegemonic framework. In an attempt to convey objectivity, the interviewer, along with the editor as well as television producer, create a narrati Continue Reading...
If this is the idea that we convey here today what is going to stop the imposition of regulations in other areas of the State's social and economic life just because Congress feels that there might be a relationship to highway use or safety. In the Continue Reading...
From the study of treatment for mothers on crack, 50 experts in drug dependency as well as 150 addicted women identify components which they believe are important in the treatment of women effectively. Some of the features that they had identified Continue Reading...
Supreme Court In the case of Brady v. Maryland (1963) is a 14th Amendment case governing due process in the court of law. Brady was prosecuted for murder in a case where there were two accused, the other being a man named Boblit. There was a handwri Continue Reading...
Supreme Court In the landmark decision Brown v. Board of Education in 1954, the United States Supreme Court overturned the "separate but equal" standard adopted by the 1892 Plessy v. Ferguson. Until Brown v. Board of Education passed, American publi Continue Reading...
Supreme Court Cases: Trends McCulloch v. Maryland (1819) The State of Maryland enacted a statute obliging all banks not chartered by the state but operating therein to pay additional taxes to the state government. McCulloch, an employee at the Balt Continue Reading...
Supreme Court opinions and dissents are essentially reflections of judicial self-restraint or judicial activism. Generally, the Supreme Court reflects judicial self-restraint or judicial activism through the use of the doctrine of standing in majorit Continue Reading...
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infring Continue Reading...
(United States Supreme Court, 2008). It is impossible to completely determine why a president choices a Supreme Court nominee. However, it seems likely that Ginsburg's feminist history had something to do with his choice. She was one of the first fe Continue Reading...
Clause 2 of the United States Constitution outlines the process whereby the President of the United States is entrusted with the responsibility of selecting the Supreme Court Justices: "The President...shall nominate, and by and with the Advice Continue Reading...
S.C.O.T.U.S. The Supreme Court of the United States There are currently nine Justices on the Supreme Court of the United States, one Chief Justice and Eight Associate Justices; although in the past the number has varied and recent attempts to change Continue Reading...
S. Supreme Court might have held the status of this particular land and the resulting court decision to different standards and might have even reversed decisions of law however, the failure of this point to be addressed in the previous petition barr Continue Reading...
Although that case involved jury selection, the Court established a standard for alleging racial discrimination in prosecution. The Court held that the defendant has to show that he is a member of a cognizable racial group, that the prosecutor has a Continue Reading...
The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a cons Continue Reading...
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventi Continue Reading...
Chisholm vs. Georgia Supreme Court Case The case of Chisholm v. Georgia, 2 U.S. 419 in the year 1793 is considered by many to be the first great United States Supreme Court case (Wikipedia PP). In 1792, South Carolina residents executing the estate Continue Reading...
U.S. Supreme Court: Kelo v. New London (2005) Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to Continue Reading...
Eyewitness Testimony The Supreme Court, in Neil v. Biggers, 409 U.S. 188, 93 S. Ct. 375 (1972), set out some guidelines as to what a court must consider when it is trying to determine how much credibility to give to eyewitness testimony. This case i Continue Reading...
Is the EEOC's understanding of its rule entitled to respect under Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case? Martel v. Clair - Docket N Continue Reading...
What is interesting about this decision is how the Supreme Court was able to draw a fine line that allowed the rule of law to continue, yet not to such a point that it would interfere with Congress' post-war actions in the now occupied South. At th Continue Reading...
U.S. Supreme Court and the Rights of Inmates The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and c Continue Reading...
Most of which are relating back to upholding or changing previous Court decisions and Civil Rights legislation, regarding the way it is upheld today in specific cases. One case in particular, Gomez-Perez v. Potter, is a case which deals with the Age Continue Reading...
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive. Laws and policies should be reformed so they protect all the rights and due process for both men and women equally. In concluding, ju Continue Reading...
Political Science Supreme Court Justices There are currently nine Supreme Court Justices on the Supreme Court of the United States. Clearly, the Supreme Court shows a definite conservative tendency, with seven of the nine justices appointed by Repu Continue Reading...
U.S. v. Alvarez-Machain (1992) Supreme Court Decision Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the im Continue Reading...
heard in the U.S. Supreme Court -- Washington v. Harper -- will be the focus of the first part of this paper. The second part reviews prison conditions in Texas. Washington v. Harper -- Part One This was a case resulting from the unstable mental c Continue Reading...
