"Although the courts often speak in terms of deference, they follow no consistent or predictable pattern in deciding whether to defer in a given case. Moreover, blanket judicial deference to legislative fact-finding would not be a wise general rule. Continue Reading...
" In short, when it comes to the First Amendment, greater issues are at stake beyond the immediate interests of the corporations in question. There must be a compelling state interest to limit freedom of expression. Why doesn't it make a difference Continue Reading...
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal sy Continue Reading...
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to ri Continue Reading...
Tennessee Valley TVA v. Hill Questions Do you agree with the Court's decision, based upon the language of the Endangered Species Act quoted above? That is, did the Endangered Species Act preclude construction of the dam? Should the ESA have preclud Continue Reading...
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also ar Continue Reading...
District of Columbia v. Heller District of Columbia vs. Heller, 554 U.S. 570 (2008) represents the U.S. Supreme Court's single biggest intervention in Second Amendment jurisprudence. The case was one which had been deliberately manufactured by a sma Continue Reading...
Original Post Blackstone initially set the precedent, so to speak, for English common law. English common law became the foundation for American common law, which values judicial precedent over statutes. Many European countries in fact use statutes Continue Reading...
Appellate Brief Question Presented / Issue Statement Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service ( Continue Reading...
Figure 1. Demographic composition of the United States (2003 estimate). Source: Based on tabular data in World Factbook, 2007 (no separate listing is maintained for Hispanics). From a strictly percentage perspective, it would seem that Asian-Amer Continue Reading...
Law Is a Reflection of the Morality of the Time: The evolving judicial interpretation of the Constitution Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcen Continue Reading...
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App. Plaintiff firefighter appealed a decision of the United States District Court for the Western District of Tennessee, which granted summary judgment in favor of de Continue Reading...
