Interpreting Fundamental Rights – Freedom versus Optimization
... proportionality, and this necessarily involves optimization.12 Wherever legal principles exist, the duty to optimize their normative impact follows. In particular, the meta-principles of suitability and necessity address optimization relative to what is factually possible. The necessity requirement, ...
... proportionality, and this necessarily involves optimization.12 Wherever legal principles exist, the duty to optimize their normative impact follows. In particular, the meta-principles of suitability and necessity address optimization relative to what is factually possible. The necessity requirement, ...
Mr. Justice Frankfurter: Judgment and the Fourteenth Amendment
... Cases was the fact that the Court spoke unanimously.' So often and so sharply divided on lesser issues, the Justices spoke as one on the greatest issue any of them had met or was likely ever to meet. 2 It is certain that the Justices are also unanimous today in their concern that Little Rock be reme ...
... Cases was the fact that the Court spoke unanimously.' So often and so sharply divided on lesser issues, the Justices spoke as one on the greatest issue any of them had met or was likely ever to meet. 2 It is certain that the Justices are also unanimous today in their concern that Little Rock be reme ...
July 8, 2015 - Maryland Courts
... for a New Trial,” in which he made three contentions: 1) that the court’s findings were clearly erroneous; 2) that he should be granted a new trial because one of his witnesses had been under subpoena, but had failed to appear at the April 9 hearing; and 3) “Items 7 and 8 on the Final Protective Ord ...
... for a New Trial,” in which he made three contentions: 1) that the court’s findings were clearly erroneous; 2) that he should be granted a new trial because one of his witnesses had been under subpoena, but had failed to appear at the April 9 hearing; and 3) “Items 7 and 8 on the Final Protective Ord ...
Saving Constitutional Rights from Judicial Scrutiny: The Savings
... sum, it violates the time honored rule, cogently expressed by Alexander Hamilton, that constitutional framers must "look forward to remote futurity."" Because the Commonwealth Caribbean constitutions are not uniform in their use of the savings clause, there are complex practical problems of interpre ...
... sum, it violates the time honored rule, cogently expressed by Alexander Hamilton, that constitutional framers must "look forward to remote futurity."" Because the Commonwealth Caribbean constitutions are not uniform in their use of the savings clause, there are complex practical problems of interpre ...
AP GOV Case Study List - Westerville City Schools
... 4. The lasting impact of this case was that, like the First Amendment says, the government shall not favor any one religion. They shall not favor any one religion by intentionally including only one specific religion in a school district. It was with the Establishment Clause that this idea was imple ...
... 4. The lasting impact of this case was that, like the First Amendment says, the government shall not favor any one religion. They shall not favor any one religion by intentionally including only one specific religion in a school district. It was with the Establishment Clause that this idea was imple ...
Legal Response to Propaganda Broadcasts Related to Crisis in and
... regulators made few references to international norms, resting, rather, on domestically developed standards. As a result, there was a lack of solid grounds for stopping, blocking, and banning programs emanating from Russian media. In particular, there was no clear line between propaganda for war and ...
... regulators made few references to international norms, resting, rather, on domestically developed standards. As a result, there was a lack of solid grounds for stopping, blocking, and banning programs emanating from Russian media. In particular, there was no clear line between propaganda for war and ...
UNIVERSITY OF THE WEST INDIES
... the grounds stated in his thirteenth reason the conviction was obtained in a manner so unsatisfactory that the conviction alone ought not to be conclusive as a ground for striking him off the rolls.” ...
... the grounds stated in his thirteenth reason the conviction was obtained in a manner so unsatisfactory that the conviction alone ought not to be conclusive as a ground for striking him off the rolls.” ...
chapter four: civil liberties and civil rights pedagogical features
... on school prayer. Some religious groups pushed for a constitutional amendment permitting school prayer, and many school districts simply ignored the decision. In Employment Division v. Smith (1990) the Supreme Court ruled that states can prohibit certain religious practices, but not religion itself. ...
... on school prayer. Some religious groups pushed for a constitutional amendment permitting school prayer, and many school districts simply ignored the decision. In Employment Division v. Smith (1990) the Supreme Court ruled that states can prohibit certain religious practices, but not religion itself. ...
28 US Code § 88 - District of Columbia
... Officers and Public Employees, In some jurisdictions, constitutional provisions subject all officers not liable to impeachment to removal for malfeasance in office, and in other jurisdictions, malfeasance in office is a statutory ground for removal. "Malfeasance" is the doing of an act which a perso ...
... Officers and Public Employees, In some jurisdictions, constitutional provisions subject all officers not liable to impeachment to removal for malfeasance in office, and in other jurisdictions, malfeasance in office is a statutory ground for removal. "Malfeasance" is the doing of an act which a perso ...
Mapp v. Ohio at Large in the Fifty States
... one thoughtful observer came to realize how passive the average lawabiding citizen must have been and how emotional he had now become about constitutional guarantees that concern him as significantly as they concern the most sordid criminal. Our court had not long to wait for the test cases that wou ...
... one thoughtful observer came to realize how passive the average lawabiding citizen must have been and how emotional he had now become about constitutional guarantees that concern him as significantly as they concern the most sordid criminal. Our court had not long to wait for the test cases that wou ...
Montana Becomes Third U - American Bar Association
... accomplished by legislation. Plaintiff Robert Baxter died the same day the trial court issued its opinion. ...
... accomplished by legislation. Plaintiff Robert Baxter died the same day the trial court issued its opinion. ...
RTF (118463 bytes) - 10th Circuit Opinions
... prohibit laws constraining “‘overt acts against peace and good order.’” Id. at 163. The Court went on to declare: “[A]s a law of the organization of society . . . it is provided that plural marriages shall not be allowed. . . . To permit [a person to excuse practices contrary to law because of reli ...
... prohibit laws constraining “‘overt acts against peace and good order.’” Id. at 163. The Court went on to declare: “[A]s a law of the organization of society . . . it is provided that plural marriages shall not be allowed. . . . To permit [a person to excuse practices contrary to law because of reli ...
RTF format
... spirit, purport and object of the Bill of Rights’ as required by section 39 (2) of the Constitution and the process of reading into or severing them from a statutory provision which is a remedial measure under section 172(1)(b), following upon a declaration of constitutional invalidity in terms of s ...
... spirit, purport and object of the Bill of Rights’ as required by section 39 (2) of the Constitution and the process of reading into or severing them from a statutory provision which is a remedial measure under section 172(1)(b), following upon a declaration of constitutional invalidity in terms of s ...
volume xvii
... interest in the matter in dispute is qualified to be a person aggrieved and can maintain an action for judicial redress of public injury arising from breach of public duty or for violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of suc ...
... interest in the matter in dispute is qualified to be a person aggrieved and can maintain an action for judicial redress of public injury arising from breach of public duty or for violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of suc ...
Substantive Due Process After Gonzales v. Carhart
... appears to disagree with Justice Ginsburg that it is the Supreme Court's obligation to define the liberty of all. Justice Ginsburg also cites Lawrence as saying that "[f]or many persons [objections to homosexual conduct] are not trivial concerns but profound and deep convictions accepted as ethical ...
... appears to disagree with Justice Ginsburg that it is the Supreme Court's obligation to define the liberty of all. Justice Ginsburg also cites Lawrence as saying that "[f]or many persons [objections to homosexual conduct] are not trivial concerns but profound and deep convictions accepted as ethical ...
Benchmark A
... 5.GOV.A Why did the delegates of the Constitutional Convention want a balance of power in the new government? ...
... 5.GOV.A Why did the delegates of the Constitutional Convention want a balance of power in the new government? ...
version - Votelaw
... the same extent as that of other U.S. citizens in the Nation, since they have the same “at stake” by the exercise of such a voting right. The Executive power of the Federal Government is vested in the President of the United States. (U.S. Const. Art. II – Sections 2 and 3.) Petitioners, as American ...
... the same extent as that of other U.S. citizens in the Nation, since they have the same “at stake” by the exercise of such a voting right. The Executive power of the Federal Government is vested in the President of the United States. (U.S. Const. Art. II – Sections 2 and 3.) Petitioners, as American ...
Applicability of Sixth Amendment Guarantees to Military Proceedings
... and immunities clause of article IV, section 2, which outlaws discrimination by one state against citizens of another. The questions raised by the case fall more within the 'scope of the decisions in Ward, McCready, Toomer, and Blake, rather than Thompson and Green. Under ...
... and immunities clause of article IV, section 2, which outlaws discrimination by one state against citizens of another. The questions raised by the case fall more within the 'scope of the decisions in Ward, McCready, Toomer, and Blake, rather than Thompson and Green. Under ...
Book Review (reviewing Jack M. Balkin, Living Originalism (2011))
... American constitutional law. There is no agreed-upon antonym to ‘originalism’; one candidate is ‘living constitutionalism’, although that term and its cognates are often used derisively by originalists themselves and disclaimed by opponents of originalism. (The idea is that ‘living constitutionalism ...
... American constitutional law. There is no agreed-upon antonym to ‘originalism’; one candidate is ‘living constitutionalism’, although that term and its cognates are often used derisively by originalists themselves and disclaimed by opponents of originalism. (The idea is that ‘living constitutionalism ...
Hallows Lecture - Marquette Law Scholarly Commons
... First, lost in every discussion of Barnette and Gobitis is a reality that only a lower-court judge would catch. In all three cases, the lower courts were ultimately vindicated, whether it was the (initially reversed) district court and the court of appeals in Gobitis or the (affirmed) threejudge cou ...
... First, lost in every discussion of Barnette and Gobitis is a reality that only a lower-court judge would catch. In all three cases, the lower courts were ultimately vindicated, whether it was the (initially reversed) district court and the court of appeals in Gobitis or the (affirmed) threejudge cou ...
Woll.Chapter 1
... Constitution in his book The Supreme Court and the Constitution (1912) and in his work An Economic Interpretation of the Constitution (1913). • In 1912 Beard wrote that the Constitution reflected nothing more nor less than the work of an economic elite that was out to protect its own interests again ...
... Constitution in his book The Supreme Court and the Constitution (1912) and in his work An Economic Interpretation of the Constitution (1913). • In 1912 Beard wrote that the Constitution reflected nothing more nor less than the work of an economic elite that was out to protect its own interests again ...
Substantive and Procedural Due Process in Public Sector
... Johannes Monachus (d.1313) a medieval French canonist, argued that the concept of due process was reflected in Genesis, in the story of Adam and Eve. Monachus noted that in the biblical story of God’s judgment on Adam and Eve for violation of the proscriptive commandment, even God abided by the prin ...
... Johannes Monachus (d.1313) a medieval French canonist, argued that the concept of due process was reflected in Genesis, in the story of Adam and Eve. Monachus noted that in the biblical story of God’s judgment on Adam and Eve for violation of the proscriptive commandment, even God abided by the prin ...
Problems of State Jurisdiction over Indian
... we shall attempt to determine the extent to which state laws are or should be applicable to Indians on Indian reservations. GENERAL FEDERAL JURISDICTION ...
... we shall attempt to determine the extent to which state laws are or should be applicable to Indians on Indian reservations. GENERAL FEDERAL JURISDICTION ...
Free Speech and the Common Good
... War I. But there was a suggestion from another Federal judge that Judge Burns might well be investigated due to his official speech in court. In 1950, suggestions were rampant that investigations might well be made of another Wisconsin Senator-Joseph R. McCarthy-because of his liberty of Senatorial ...
... War I. But there was a suggestion from another Federal judge that Judge Burns might well be investigated due to his official speech in court. In 1950, suggestions were rampant that investigations might well be made of another Wisconsin Senator-Joseph R. McCarthy-because of his liberty of Senatorial ...