57 Search Results for Scalia and the Law of Rules in Decision Making
Guns and SuchAre there any sources that add a different perspective to the blog below?One source that could add a different perspective to the blog is Scalia (1989) who describes the rule of law as a law of rules. This provides a helpful lens that ca Continue Reading...
This is a reasonable element of consideration to be pointed out, because many of the people holding public office and performing public service in the District of Columbia are lawyers, who have varying and extensive careers in law. By reason of thi Continue Reading...
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three c Continue Reading...
Arizona Immigration Law SB1070
This work in writing examines Arizona's SB1070 Immigration Law and how this law has impacted the state of Arizona, the citizens of Arizona, and the U.S. In its entirety as well as the conflicting views on SB1070 and se Continue Reading...
Political Science: First InitialQuestion 2The interest groups try to affect the judicial system in three ways: lobbying on judicial confirmations, filing amicus curiae briefs, and sponsoring litigation[footnoteRef:1]. Lobbying on the judicial confirm Continue Reading...
Commonwealth v. Johnson..
1. List the facts relevant to whether Gail and/or William Johnson’s were protected by the First Amendment
Gail and William Johnson were convicted for criminal harassment in the state of Massachusetts. State statutes ou Continue Reading...
Constitutional Law
The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution.
Who were the Petitio Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection Continue Reading...
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...
Sandra O'Connor
Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy-B-Cattle ranch in Southeastern Arizona, where Sandra grew up (United States Supreme Court 2003) as an only child until she was eight. In Continue Reading...
For their own good and that of their classmates, public school children are routinely required to submit to various physical examinations, and to be vaccinated against various diseases." Testing student athletes for drugs was necessary, said Scalia, Continue Reading...
They argue that the U.S. Constitution is color blind and while conceding that racial diversity is a noble goal, seek to achieve it through 'race-neutral' means. They also insist on a level playing field for all American citizens, regardless of their Continue Reading...
Racial Discrimination and the Death Penalty
The United States Department of Justice Bureau of Justice Statistics reported that at the end of the year 2000 that there was 1,381,892 total number of prisoners under the jurisdiction of federal or state Continue Reading...
" Then there are the "...5 million employees of the federal bureaucracy and the military" at his disposal.
Also, the president runs the executive branch of government; Cummings writes that he is "chief of state" - the "ceremonial and symbolic head o Continue Reading...
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalis 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 winning side got what it wanted, in part - the continued legality of abortion - but it did not achieve a wider victor in the abortion war. Abortion's opponents were still represented by the dissenting justices. They too, used stare decisis in th Continue Reading...
U.S. And Supreme Court
Contrast the U.S. Circuit Courts with the U.S. Supreme Court in terms of their authority to strike down an act of congress or of the states?
The United State Supreme Court is the highest judicial body of the U.S. The Circuit Continue Reading...
Civil Liberties, Habeas Corpus, War Terror subtopics: Explain historical evolution habeas corpus, including English American traditions. The explanation evolution American tradition include general meaning habeas corpus U.
Habeas Corpus
The princip Continue Reading...
Judicial Interpretation Theory
Judges draft no legislation, but they create law nevertheless, through their powers of judicial interpretation. Judges determine the outcome of particular cases by interpreting the meaning of a single phrase, and somet Continue Reading...
PADILLA V. RUMSFELD & HAMDI V. RUMSFELD
Summary of Padilla v. Rumsfeld
Facts of Padilla v. Rumsfeld
Summary of Facts
Technical History
Holding
Supreme Court Reasoning
Lower Court Reasoning
Summary of Hamdi v. Rumsfeld
History of Hamdi v. Continue Reading...
Ashcroft v. American Civil Liberties Union
535 U.S. 564 (2004)
On June 29, 2004, the United States Supreme Court held by a five to four margin that in the case of Ashcroft v. American Civil Liberties Union 535 U.S. 564 (2004), a district court judg Continue Reading...
BARTNICKI v. VOPPER
INTRODCUTION
In Bartnicki v. Vopper, the Supreme Court ruled that the First Amendment protects the news media even when they broadcast private cellular-phone conversations that were illegally intercepted by someone else. Ruling Continue Reading...
Double Jeopardy and Legislative Limitations
The legal concept of "Double Jeopardy" is a rather simple one to define and to understand, but application of the Double Jeopardy standard is anything but easy or simple. On a very basic level, Double Jeop Continue Reading...
Thurgood Marshall and Clarence Thomas
Ever since Clarence Thomas, a conservative, replaced Thurgood Marshall, a liberal, on the United States Supreme Court in 1991, there has been constant comparison between the two African-American justices.
Just Continue Reading...
391).
Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a Continue Reading...
Article One
In the article “Taking DNA from All Criminals Should Be Standard Procedure” written by Cyrus R. Vance Jr, 2012, the author makes a claim that DNA evidence is a powerful crime solver. He also states that this method is a superb 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...
The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal with no prejudice; it overruled the Court of Appeals verdict and prepared the dismissal of the case, allowing Padilla to Continue Reading...
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. Continue Reading...
Kelo v. New London and Eminent Domain
When the United States Supreme Court heard oral arguments in the case of Kelo v. City of New London, Connecticut in February of 2005, the issue legally speaking was a seemingly straightforward matter of Fifth Am Continue Reading...
Barbieland Judge
As judge of Barbieland, I stand firmly in support of abolishing the death penalty, not only for juveniles, but for every person as well. Roper v. Simmons was a welcomed decision for my belief system and I support its movement away f Continue Reading...
Introduction
Homeland Security is tasked with the responsibility of safeguarding the US from threats, both foreign and domestic. In the age of technological revolution unseen and unrivaled in any previous era of human history, digital surveillance is Continue Reading...
Gun control has been a controversial subject for the public and the government. Obama administration has come under attack for its silence on the issue. In September 2008, the president promised people that he wouldn't take away their guns, and since Continue Reading...
Same Sex Marriages Should Be Legally Sanctioned
Some of the most pervasive problems that exist within American society today are the problems of prejudice, stemming from fear of what is different and seems to be alien. Only by making what is alien s Continue Reading...
ONCALE
Texting
Oncale v. Sundowner Offshore Services, Inc.: Case summary
Relationship between the parties involved in the case
The plaintiff Joseph Oncale was an employee of Sundown Offshore Services. He sued his employer under Title VII of the C Continue Reading...
In principle, the United States should follow international treaties only if it is a signatory to that specific treaty.
However, the Supreme Court of the United States cannot ignore international standards completely either. There are several reaso Continue Reading...