Resource Book for Probation and Parole Revocation Hearings
... number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, extended supervision or parole, the department, if the hearing is waived, or the Division of Hearings and Appeals in the Department of Adm ...
... number of days for which sentence credit is to be granted, which finding shall be included in the judgment of conviction. In the case of revocation of probation, extended supervision or parole, the department, if the hearing is waived, or the Division of Hearings and Appeals in the Department of Adm ...
- Fordham
... nature of the property, a process embodied in the public forum doctrine. 17 In applying the public forum doctrine, courts balance the government's interest in preserving its property for the public's use' 8 against individual citizens' free speech interests.' 9 Specifiregulation by state and local g ...
... nature of the property, a process embodied in the public forum doctrine. 17 In applying the public forum doctrine, courts balance the government's interest in preserving its property for the public's use' 8 against individual citizens' free speech interests.' 9 Specifiregulation by state and local g ...
Incorporation of the Establishment Clause Against the States: A
... Incorporation of the Establishment Clause against the states through the Fourteenth Amendment is logically and textually impossible—so say most academics, a few lower-court judges, and a Supreme Court Justice. They maintain that because the Clause was originally understood as a structural limitation ...
... Incorporation of the Establishment Clause against the states through the Fourteenth Amendment is logically and textually impossible—so say most academics, a few lower-court judges, and a Supreme Court Justice. They maintain that because the Clause was originally understood as a structural limitation ...
no competing theory of constitutional interpretation justifies
... parcel into discrete segments and attempt to determine whether rights in a particular segment have been entirely abrogated.” Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 130-31 (1978). Background principles refer to state common law, such as nuisance, that precludes the proposed activit ...
... parcel into discrete segments and attempt to determine whether rights in a particular segment have been entirely abrogated.” Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 130-31 (1978). Background principles refer to state common law, such as nuisance, that precludes the proposed activit ...
Denied and Disparaged: The Future of the Ninth Amendment
... if the idea was already expressed in the “powers” language of the Tenth. Furthermore, combining the Ninth Amendment with the Tenth would leave the Ninth without a function. 8 Finally, if rights begin where powers end, then an enumerated right could never come into conflict with an enumerated power. ...
... if the idea was already expressed in the “powers” language of the Tenth. Furthermore, combining the Ninth Amendment with the Tenth would leave the Ninth without a function. 8 Finally, if rights begin where powers end, then an enumerated right could never come into conflict with an enumerated power. ...
Revitalizing the Quiet Ninth Amendment
... component of the Due Process Clause. 32 A Connecticut statute preventing the use of contraceptive devices and preventing medical advice related to using those devices was not substantively addressed by the Court in Poe v. Ullman. 33 The Court dismissed the plaintiff's declaratory judgment action bec ...
... component of the Due Process Clause. 32 A Connecticut statute preventing the use of contraceptive devices and preventing medical advice related to using those devices was not substantively addressed by the Court in Poe v. Ullman. 33 The Court dismissed the plaintiff's declaratory judgment action bec ...
Charles Fried - Harvard Law School
... no right to do it then Maryland says they can tax however they want. Marshall Disposes of it by saying Congress can decide the most efficient means of executing their given powers within very broad “propriety” boundaries. a. In the Articles of the Confederations does not give federal government the ...
... no right to do it then Maryland says they can tax however they want. Marshall Disposes of it by saying Congress can decide the most efficient means of executing their given powers within very broad “propriety” boundaries. a. In the Articles of the Confederations does not give federal government the ...
Rape Victim Shield Laws and the Sixth Amendment
... rules in light of the sixth amendment rights of a defendant to confront the witnesses against him and to produce witnesses in his favor. An analysis of laws affecting criminal defendants must be approached not from the standpoint of the victim, but from the standpoint of the accused. Whatever indign ...
... rules in light of the sixth amendment rights of a defendant to confront the witnesses against him and to produce witnesses in his favor. An analysis of laws affecting criminal defendants must be approached not from the standpoint of the victim, but from the standpoint of the accused. Whatever indign ...
- bepress Legal Repository
... federalist declaration of the Tenth Amendment.11 Thus, the contemporary debate regarding the Ninth has proceeded without either side feeling obligated to construct a judicially enforceable theory of the entire text. In fact, taking the entire text of the Ninth Amendment seriously leads to some surp ...
... federalist declaration of the Tenth Amendment.11 Thus, the contemporary debate regarding the Ninth has proceeded without either side feeling obligated to construct a judicially enforceable theory of the entire text. In fact, taking the entire text of the Ninth Amendment seriously leads to some surp ...
SC10-1790 Complainant, v. CARLTON PIERCE, Respondent
... from a person’s complete knowledge in reference to the issues upon which are commented. The judiciary, like any other branch of government, is not immune from comment or criticism. The proscription of an attorney’s speech appears to limit statements that are known to be false or made with reckless d ...
... from a person’s complete knowledge in reference to the issues upon which are commented. The judiciary, like any other branch of government, is not immune from comment or criticism. The proscription of an attorney’s speech appears to limit statements that are known to be false or made with reckless d ...
the risen subpoena, the executive branch, and the reporter`s privilege
... ABSTRACT In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, ...
... ABSTRACT In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, ...
Taking Liberties with the First Amendment: Congress, Section 5, and
... the Guaranty Clause 7 and asked, rhetorically, "why a guaranty of religious freedom was not included." Iredell answered his own question: "Had Congress undertaken to guaranty religious freedom, or any particular species of it, they would then have had a pretence to interfere in a subject they have n ...
... the Guaranty Clause 7 and asked, rhetorically, "why a guaranty of religious freedom was not included." Iredell answered his own question: "Had Congress undertaken to guaranty religious freedom, or any particular species of it, they would then have had a pretence to interfere in a subject they have n ...
What is Eleventh Amendment Immunity?
... judicial power of a government being coextensive with its legislative may be ranked among the number." THE F'EDERAUST No. 80, at 476 (Alexander Hamilton) (Clinton Rossiter ed., 1961). In Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824), Chief Justice Marshall wrote for the Court th ...
... judicial power of a government being coextensive with its legislative may be ranked among the number." THE F'EDERAUST No. 80, at 476 (Alexander Hamilton) (Clinton Rossiter ed., 1961). In Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824), Chief Justice Marshall wrote for the Court th ...
Free Speech and the Right of Entry Into the United States
... participate in as contemplated by the first amendment. New York Times v. Sullivan, 376 U.S. 254, 270 (1964); see also Procunier v. Martinez, 416 U.S. 396, 408-09 (1974) (emphasizing that censoring prisoners' mail violates the first amendment guarantee of freedom of speech); Red Lion Broadcasting v. ...
... participate in as contemplated by the first amendment. New York Times v. Sullivan, 376 U.S. 254, 270 (1964); see also Procunier v. Martinez, 416 U.S. 396, 408-09 (1974) (emphasizing that censoring prisoners' mail violates the first amendment guarantee of freedom of speech); Red Lion Broadcasting v. ...
08-1521 McDonald v. Chicago (06/28/2010)
... Court explained that the only rights due process protected against state infringement were those “of such a nature that they are in cluded in the conception of due process of law.” Ibid. Third, some cases during this era “can be seen as having asked . . . if a civilized system could be imagined that ...
... Court explained that the only rights due process protected against state infringement were those “of such a nature that they are in cluded in the conception of due process of law.” Ibid. Third, some cases during this era “can be seen as having asked . . . if a civilized system could be imagined that ...
the modern first amendment and copyright law
... settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors.” In the 1907 case Patterson v. ...
... settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors.” In the 1907 case Patterson v. ...
Legal Remedies to Address Discrimination Against People Who Are
... ordinance violated homeless individuals' constitutional right to be free from cruel and unusual punishment. The judge explained, It was once a crime to be a drug addict in California, but that statute was held unconstitutional by the United States Supreme Court because it punished an individual base ...
... ordinance violated homeless individuals' constitutional right to be free from cruel and unusual punishment. The judge explained, It was once a crime to be a drug addict in California, but that statute was held unconstitutional by the United States Supreme Court because it punished an individual base ...
Fourth Amendment Limitations on Probation and Parole Supervision
... parole revocation proceedings,0 this conflict has been avoided in most cases." Where a released offender is actually prosecuted for a crime committed while he is still on probation or parole, however, he may have a fourth amendment claim. Courts have generally agreed that he is entitled to some degr ...
... parole revocation proceedings,0 this conflict has been avoided in most cases." Where a released offender is actually prosecuted for a crime committed while he is still on probation or parole, however, he may have a fourth amendment claim. Courts have generally agreed that he is entitled to some degr ...
Property Rights in the Balance
... societal demands. The Court's analysis of disputes involving property rights is but one variant of an analytical framework common to all conflicts between the immediate public interest, as determined by the legislature, and the enduring public interest in protecting certain spheres of individual sel ...
... societal demands. The Court's analysis of disputes involving property rights is but one variant of an analytical framework common to all conflicts between the immediate public interest, as determined by the legislature, and the enduring public interest in protecting certain spheres of individual sel ...
RTF format
... the third defendant directly but made such payments into the trust account of his attorney pending the resolution of the disputes between the parties. Towards the end of 2002, the third defendant cancelled the sale agreement, the validity of which cancellation was disputed by the second plaintiff, w ...
... the third defendant directly but made such payments into the trust account of his attorney pending the resolution of the disputes between the parties. Towards the end of 2002, the third defendant cancelled the sale agreement, the validity of which cancellation was disputed by the second plaintiff, w ...
Justice Black, the Fourteenth Amendment, and Incorporation
... watched a majority on the Supreme Court employ substantive due process and other constitutional tools to invalidate measures designed to cope with a depressed economy.' Senator Black was a principal supporter of President Roosevelt's plan to pack the federal judiciary with judges receptive to New De ...
... watched a majority on the Supreme Court employ substantive due process and other constitutional tools to invalidate measures designed to cope with a depressed economy.' Senator Black was a principal supporter of President Roosevelt's plan to pack the federal judiciary with judges receptive to New De ...
Ineffective Assistance - Free Law School Outlines
... who would be released. Pannell v. United States (D.C. Cir. 1963) (Skelly Wright, J.) (618). Bail bondsmen are also a problem because they remove defendants’ financial incentive to return to court and discriminate against the poor. They are good because they’re cheaper than the government, good ones ...
... who would be released. Pannell v. United States (D.C. Cir. 1963) (Skelly Wright, J.) (618). Bail bondsmen are also a problem because they remove defendants’ financial incentive to return to court and discriminate against the poor. They are good because they’re cheaper than the government, good ones ...
The Conflict and Continuity
... No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the ...
... No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the ...
Lamb`s Chapel v. Center Moriches School District (1993)
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...