The Conflict and Continuity
... The Bill of Rights Institute is proud to bring you Conflict and Continuity: The Story of Freedom in American History. Developed in collaboration with the McCormick Tribune Freedom Museum, this curriculum will help your students understand the ideas that have formed the foundation of American freedom ...
... The Bill of Rights Institute is proud to bring you Conflict and Continuity: The Story of Freedom in American History. Developed in collaboration with the McCormick Tribune Freedom Museum, this curriculum will help your students understand the ideas that have formed the foundation of American freedom ...
021 - Columbia Law School
... Confederate citizens by the courts. The very independence of the Confederacy also limited the reach of Southern property seizures. Northern confiscation was designed to seize disloyal property and took place as the Union acquired more and more Confederate territory. Sequestration, on the other hand, ...
... Confederate citizens by the courts. The very independence of the Confederacy also limited the reach of Southern property seizures. Northern confiscation was designed to seize disloyal property and took place as the Union acquired more and more Confederate territory. Sequestration, on the other hand, ...
as a PDF - University of Illinois Law Review
... crimes have been committed. It wants to safeguard the public health. It wants to protect individuals from harming themselves or others. It wants to keep order. These are important purposes, yet—in a nation that prizes liberty as an unalienable right—surely there are limits to what the government can ...
... crimes have been committed. It wants to safeguard the public health. It wants to protect individuals from harming themselves or others. It wants to keep order. These are important purposes, yet—in a nation that prizes liberty as an unalienable right—surely there are limits to what the government can ...
The Voice of Government As an Abridgement of First Amendment
... amendment to government speech is not readily apparent. As interpreted by the courts, the first amendment provides conflicting signals:' while more speech is generally considered good, it also suggests that the government should not intrude in the ideological marketplace. While the courts over the p ...
... amendment to government speech is not readily apparent. As interpreted by the courts, the first amendment provides conflicting signals:' while more speech is generally considered good, it also suggests that the government should not intrude in the ideological marketplace. While the courts over the p ...
SC-2150 Opinion - Florida Supreme Court
... The proposed amendment would have a possible effect on the operation of the executive and legislative branches, but it does so only in the general sense that any constitutional provision does. The proposed amendment does not require any of the branches of government to perform any specific function ...
... The proposed amendment would have a possible effect on the operation of the executive and legislative branches, but it does so only in the general sense that any constitutional provision does. The proposed amendment does not require any of the branches of government to perform any specific function ...
"One loves to possess arms..." Thomas Jefferson in a letter to
... of this constitutional right? Legal commentators unsympathetic to the Second (pg.62) Amendment essentially must fight a rear guard action against those who insist that the citizens' right to keep and bear arms be taken seriously. Such is the sorry state of affairs within the legal academy these days ...
... of this constitutional right? Legal commentators unsympathetic to the Second (pg.62) Amendment essentially must fight a rear guard action against those who insist that the citizens' right to keep and bear arms be taken seriously. Such is the sorry state of affairs within the legal academy these days ...
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 ...
read or this chapter
... requires the giving of reasons for administrative action in certain circumstances, and sets out the remedies that are available if these rules are not complied with. Secondly, because the rules contained in the Act are general, they do not provide a specific source of power to administrators. In oth ...
... requires the giving of reasons for administrative action in certain circumstances, and sets out the remedies that are available if these rules are not complied with. Secondly, because the rules contained in the Act are general, they do not provide a specific source of power to administrators. In oth ...
On Sunday, June 13, 1971, The New York Times published the first
... 1969. Despite his promise to work for peace, Nixon had continued the same bombing strategies that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order ...
... 1969. Despite his promise to work for peace, Nixon had continued the same bombing strategies that presidents before him had followed. Nixon's national security adviser, Henry Kissinger, had begun secret negotiations with the North Vietnamese, but Ellsberg and others feared the president would order ...
Racial Picketing Protesting Discriminatory Employment Practices
... a store protesting employment practices, and urging employment of Negroes. The United States Supreme Court held that this picketing constituted a "labor dispute" under the Norris-LaGuardia Anti-Injunction Act," and, as such, the picketing could not be enjoined. 2 In Thornhill v. Alabama," the Court ...
... a store protesting employment practices, and urging employment of Negroes. The United States Supreme Court held that this picketing constituted a "labor dispute" under the Norris-LaGuardia Anti-Injunction Act," and, as such, the picketing could not be enjoined. 2 In Thornhill v. Alabama," the Court ...
Martin Loughlin and Neil Walker, eds., The Paradox of
... the question of authority—that is, whether “sheer power [can] turn into something authoritative” (p. 129)—and does not arise within the context of liberal legal theory. The authority of the constitutional order, for liberals, is not derived from the exercise of the constituent power. Rather, it is d ...
... the question of authority—that is, whether “sheer power [can] turn into something authoritative” (p. 129)—and does not arise within the context of liberal legal theory. The authority of the constitutional order, for liberals, is not derived from the exercise of the constituent power. Rather, it is d ...
Rand takes on the Constitution an objectivist perspective
... being distorted by subjective lawmakers. Critics of the originalism interpretation argue that the framers of the Constitution had many different opinions, so the question of which framer’s intent to abide by comes in to play. Another criticism of the originalism perspective is that it is outdated a ...
... being distorted by subjective lawmakers. Critics of the originalism interpretation argue that the framers of the Constitution had many different opinions, so the question of which framer’s intent to abide by comes in to play. Another criticism of the originalism perspective is that it is outdated a ...
Municipal Debt Instruments- An overview.
... unprovided-for liability, and properly included within the general meaning of the word ‘debt.’ Id. at 324. The Court then defines “debt” as any pecuniary obligation imposed by contract, not otherwise provided for by current revenues or an identifiable fund. The term “debt” as used in the constituti ...
... unprovided-for liability, and properly included within the general meaning of the word ‘debt.’ Id. at 324. The Court then defines “debt” as any pecuniary obligation imposed by contract, not otherwise provided for by current revenues or an identifiable fund. The term “debt” as used in the constituti ...
The Necessary Opportunism of the Common Law First Amendment
... can be utilized to bolster the prospects of positions whose more obvious defenses come from outside the parameters of the First Amendment.12 This examination will focus on recent dissents where a majority of both the libertarian and egalitarian wings of the Court were in agreement. Taken as a whole, ...
... can be utilized to bolster the prospects of positions whose more obvious defenses come from outside the parameters of the First Amendment.12 This examination will focus on recent dissents where a majority of both the libertarian and egalitarian wings of the Court were in agreement. Taken as a whole, ...
Free Speech and the Right of Entry Into the United States
... identifies the standards that courts adopt to evaluate whether alien visitors may be excluded under the McCarran-Walter Act. Part III ana25, 1952). 12. See Visa Denialson Ideological Grounds: An Update, 8 SETON HALL LEGIS. J. 249, 263 (1985) [hereinafter Visa Denials] (describing New York City lawye ...
... identifies the standards that courts adopt to evaluate whether alien visitors may be excluded under the McCarran-Walter Act. Part III ana25, 1952). 12. See Visa Denialson Ideological Grounds: An Update, 8 SETON HALL LEGIS. J. 249, 263 (1985) [hereinafter Visa Denials] (describing New York City lawye ...
native land law
... lands. It only gave the “discovering” country the exclusive right to buy the land from the Native owners. The doctrine of discovery is a topic that generates a great deal of comment, but much of it is mistaken or confused. Many courts have mistakenly said that “discovering” countries gained legal ri ...
... lands. It only gave the “discovering” country the exclusive right to buy the land from the Native owners. The doctrine of discovery is a topic that generates a great deal of comment, but much of it is mistaken or confused. Many courts have mistakenly said that “discovering” countries gained legal ri ...
The Necessary Opportunism of the Common Law First Amendment
... can be utilized to bolster the prospects of positions whose more obvious defenses come from outside the parameters of the First Amendment.12 This examination will focus on recent dissents where a majority of both the libertarian and egalitarian wings of the Court were in agreement. Taken as a whole, ...
... can be utilized to bolster the prospects of positions whose more obvious defenses come from outside the parameters of the First Amendment.12 This examination will focus on recent dissents where a majority of both the libertarian and egalitarian wings of the Court were in agreement. Taken as a whole, ...
CONSTITUTIONAL COURT OF SOUTH AFRICA
... 6.5 However, in regard to the limitation clause, the state law advisors were of the opinion that only a competent court can determine this question. 6.6 After much deliberation in the department, a decision was taken not to oppose the matter. It has now transpired that since we are dealing with an a ...
... 6.5 However, in regard to the limitation clause, the state law advisors were of the opinion that only a competent court can determine this question. 6.6 After much deliberation in the department, a decision was taken not to oppose the matter. It has now transpired that since we are dealing with an a ...
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE
... routed through commissioner for public instructions. 8. It is directed that all unauthorized schools which do not comply with the above conditions, will be closed down.” Thus, these clauses of the Government order dated 29.04.1994 provided that medium of instruction should be mother tongue or Kannad ...
... routed through commissioner for public instructions. 8. It is directed that all unauthorized schools which do not comply with the above conditions, will be closed down.” Thus, these clauses of the Government order dated 29.04.1994 provided that medium of instruction should be mother tongue or Kannad ...
From Cities to Schoolyards: The Implications of an Individual Right
... Individual rights proponents claim that the preamble serves merely as an explanatory phrase, not a restriction on the right to “keep and bear arms.”30 They emphasize instead the latter portion of the Second Amendment31 (“the right of the people to keep and bear Arms, shall not be infringed”) and cla ...
... Individual rights proponents claim that the preamble serves merely as an explanatory phrase, not a restriction on the right to “keep and bear arms.”30 They emphasize instead the latter portion of the Second Amendment31 (“the right of the people to keep and bear Arms, shall not be infringed”) and cla ...
Religion and Education: Whither the Establishment Clause?
... U.S.C. §§ 2000bb(b), 2000bb-1 (1994). Since the governmental entity before the Court was a city and Section 5 deals only with Congress's power to enforce the Fourteenth Amendment against the states and their subdivisions, Boerne did not formally invalidate RFRA as applied against federal government ...
... U.S.C. §§ 2000bb(b), 2000bb-1 (1994). Since the governmental entity before the Court was a city and Section 5 deals only with Congress's power to enforce the Fourteenth Amendment against the states and their subdivisions, Boerne did not formally invalidate RFRA as applied against federal government ...
No. 01-1375: United States v. Navajo Nation
... STATUTORY PROVISIONS INVOLVED 1. Section 1 of the Indian Mineral Leasing Act of 1938, 25 U.S.C. 396a, states: On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepte ...
... STATUTORY PROVISIONS INVOLVED 1. Section 1 of the Indian Mineral Leasing Act of 1938, 25 U.S.C. 396a, states: On and after May 11, 1938, unallotted lands within any Indian reservation or lands owned by any tribe, group, or band of Indians under Federal jurisdiction, except those specifically excepte ...
Rights Under the Ninth Amendment
... OF JAMES MADISON 1787–90 at 406 (Gaillard Hunt ed., 1900). 2. Madison noted as much during the House debates. On August 15, 1789, he said that he had proposed amendments that gave “some security . . . for those great and essential rights which [many] had been taught to believe were in danger . . . B ...
... OF JAMES MADISON 1787–90 at 406 (Gaillard Hunt ed., 1900). 2. Madison noted as much during the House debates. On August 15, 1789, he said that he had proposed amendments that gave “some security . . . for those great and essential rights which [many] had been taught to believe were in danger . . . B ...
"No Set of Circumstances" v. "Large Fraction of Cases": Debate
... it will merely ensure that an alternate abortion procedure will be utilized.1 0 CarhartIIs real significance lies in the explanations and details of the majority opinion. Within the opinion, the Court rationalized and clarified, as well as clouded, previous jurisprudence on medical uncertainty, the ...
... it will merely ensure that an alternate abortion procedure will be utilized.1 0 CarhartIIs real significance lies in the explanations and details of the majority opinion. Within the opinion, the Court rationalized and clarified, as well as clouded, previous jurisprudence on medical uncertainty, the ...
WTO Decisions and Their Effect in U.S. Law Summary Jeanne J. Grimmett
... Uruguay Round Agreements and ... [the URAA] in any judicial proceeding in which a question arises concerning such interpretation or application.” URAA, § 102(d), 19 U.S.C. § 3512(d). ...
... Uruguay Round Agreements and ... [the URAA] in any judicial proceeding in which a question arises concerning such interpretation or application.” URAA, § 102(d), 19 U.S.C. § 3512(d). ...