building a better mousetrap: patenting biotechnology in the
... In a closely divided 5–4 ruling, the U.S. Supreme Court, upheld the economic development rationale of the New London takings, and mandated broad judicial deference to government decision making on public use issues.23 Justice John Paul Stevens‘ majority opinion defended a ―policy of deference to leg ...
... In a closely divided 5–4 ruling, the U.S. Supreme Court, upheld the economic development rationale of the New London takings, and mandated broad judicial deference to government decision making on public use issues.23 Justice John Paul Stevens‘ majority opinion defended a ―policy of deference to leg ...
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 ...
Supreme Court Preview - Charleston Law Review
... under color of state law, deprives an individual of “any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been violated by a state or federal official to sue for damages ...
... under color of state law, deprives an individual of “any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.”4 In short, § 1983 allows those whose rights have been violated by a state or federal official to sue for damages ...
as a PDF - University of Illinois Law Review
... GOVERNMENT-COMPELLED BODILY INTRUSIONS..................... 1064 A. Roots of the Constitutional Right Against Bodily ...
... GOVERNMENT-COMPELLED BODILY INTRUSIONS..................... 1064 A. Roots of the Constitutional Right Against Bodily ...
Pharmacists and the "Morning-After Pill"
... taken within seventy-two hours of sexual intercourse, the drug may still be effective for up to 120 hours.20 Depending upon where the woman is in her menstrual cycle, emergency contraception can have several effects. When taken prior to ovulation, emergency contraception prevents fertilization,21 si ...
... taken within seventy-two hours of sexual intercourse, the drug may still be effective for up to 120 hours.20 Depending upon where the woman is in her menstrual cycle, emergency contraception can have several effects. When taken prior to ovulation, emergency contraception prevents fertilization,21 si ...
The Subjects of the Constitution
... about quite what a court is reviewing when it engages in judicial review. Conventional wisdom has it that judicial review is the review of certain legal objects: statutes, regulations. But strictly speaking, this is not quite right. The Constitution prohibits not objects but actions. Judicial review ...
... about quite what a court is reviewing when it engages in judicial review. Conventional wisdom has it that judicial review is the review of certain legal objects: statutes, regulations. But strictly speaking, this is not quite right. The Constitution prohibits not objects but actions. Judicial review ...
The Success of Constitutionalism in the United States and Its Failure
... Unlike that of the United States, the Latin American experience with constitutionalism has generally been a failure. The dilemma of Latin American constitutionalism has been candidly captured by the paradoxical lament: "Our poor Constitution! So virginal and so violated!" As one can see from Appendi ...
... Unlike that of the United States, the Latin American experience with constitutionalism has generally been a failure. The dilemma of Latin American constitutionalism has been candidly captured by the paradoxical lament: "Our poor Constitution! So virginal and so violated!" As one can see from Appendi ...
Racial Picketing Protesting Discriminatory Employment Practices
... Certain questions arise from the vague language of the Convention and remain unanswered. For example, a question exists as to whether disputes regarding airport charges were intended to be adjudicated administratively within the framework of the International Civil Aviation Organization rather than ...
... Certain questions arise from the vague language of the Convention and remain unanswered. For example, a question exists as to whether disputes regarding airport charges were intended to be adjudicated administratively within the framework of the International Civil Aviation Organization rather than ...
Is Moral Relativism a Constitutional Command?
... This Article focuses on the following question: Does the United States Constitution permit the government to base legal obligations on prevailing notions of morality alone? The current Supreme Court majority seems to answer this question "yes." Surprisingly, the dominant tendency among publishing ac ...
... This Article focuses on the following question: Does the United States Constitution permit the government to base legal obligations on prevailing notions of morality alone? The current Supreme Court majority seems to answer this question "yes." Surprisingly, the dominant tendency among publishing ac ...
Understanding the Illinois Constitution
... framework for state and local government. All students in the state are required to have knowledge of the Illinois Constitution. This book, Understanding the Illinois Constitution, has been written to provide a concise resource for study of the governing structure and the constitutional history of I ...
... framework for state and local government. All students in the state are required to have knowledge of the Illinois Constitution. This book, Understanding the Illinois Constitution, has been written to provide a concise resource for study of the governing structure and the constitutional history of I ...
Real Feminists for Motherhood Coalition, Petitioner v. Virginia
... 15. Id. We stated: This right to privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action ... or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's ...
... 15. Id. We stated: This right to privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action ... or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's ...
foundational facts and doctrinal change
... evaluated under the conventional model because they contain an additional, but hidden, element. More specifically, some doctrines are built on foundational facts: potentially contested factual assumptions that are embedded in the doctrine itself and on which the doctrine is based. Without an underst ...
... evaluated under the conventional model because they contain an additional, but hidden, element. More specifically, some doctrines are built on foundational facts: potentially contested factual assumptions that are embedded in the doctrine itself and on which the doctrine is based. Without an underst ...
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 ...
Judiciary
... members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; second, because the permanent tenure by which the appointments are held in that department must soon destroy all sense of dependence on the authority conferring them.” The two main a ...
... members, the primary consideration ought to be to select that mode of choice which best secures these qualifications; second, because the permanent tenure by which the appointments are held in that department must soon destroy all sense of dependence on the authority conferring them.” The two main a ...
The First Amendment and Content Discrimination - ITS
... been an inspiration,a model of honor, integrity, judgment, and insight. By example and through kind and patient instruction he has been my teacher. The failings of the present essay are attributableentirely to the inadequacy of the pupil. N 1972, the United States Supreme Court announced that "above ...
... been an inspiration,a model of honor, integrity, judgment, and insight. By example and through kind and patient instruction he has been my teacher. The failings of the present essay are attributableentirely to the inadequacy of the pupil. N 1972, the United States Supreme Court announced that "above ...
Richards - NYU School of Law
... be left to the legislature. Rights skepticism: right’s do not exist, so courts should not enforce decisions on such grounds. Dworkin argues both are incoherent: instead we should “Take Rights Seriously” (cf. Rawls “Theory of Justice”). (2) Court-skepticism (Thayer). Americans “created” judicial revi ...
... be left to the legislature. Rights skepticism: right’s do not exist, so courts should not enforce decisions on such grounds. Dworkin argues both are incoherent: instead we should “Take Rights Seriously” (cf. Rawls “Theory of Justice”). (2) Court-skepticism (Thayer). Americans “created” judicial revi ...
Persons and citizens in constitutional thought
... Clearly, these conceptual and definitional debates persist in large part because characterizing someone as a person is consequential: a great deal turns on the possession of, or the assignment of, personhood. Debate regarding the question “Who is a person?” is driven, in large part, by what assignmen ...
... Clearly, these conceptual and definitional debates persist in large part because characterizing someone as a person is consequential: a great deal turns on the possession of, or the assignment of, personhood. Debate regarding the question “Who is a person?” is driven, in large part, by what assignmen ...
Constitutional Showdowns - Chicago Unbound
... impeachment for violating the Tenure of Office Act, which forbade presidential removal of certain cabinet officers without congressional approval, was defeated by a single vote; the Supreme Court later cited this episode to support a conclusive constitutional rule in favor of presidential power to r ...
... impeachment for violating the Tenure of Office Act, which forbade presidential removal of certain cabinet officers without congressional approval, was defeated by a single vote; the Supreme Court later cited this episode to support a conclusive constitutional rule in favor of presidential power to r ...
Constitutional Law: Supreme Court Delineates the Relationship
... home and attempted to force him to regurgitate pills which had been swallowed upon the officers' appearance. Failing this, the suspect was taken to a hospital where a "stomach pump" was utilized to recover morphine capsules. In reversing Rochin's conviction for illegal possession of narcotics, the S ...
... home and attempted to force him to regurgitate pills which had been swallowed upon the officers' appearance. Failing this, the suspect was taken to a hospital where a "stomach pump" was utilized to recover morphine capsules. In reversing Rochin's conviction for illegal possession of narcotics, the S ...
The Saga of Wiretapping in France
... 1958 Constitution establishing the Fifth Republic is the fifteenth since the French Revolution of 1789.8 Stability in France has come more from the five great Napoleonic Codes enacted between 1804 and 1810: the Civil, Penal, Commercial, Civil Procedure, and Criminal Procedure codes. They have surviv ...
... 1958 Constitution establishing the Fifth Republic is the fifteenth since the French Revolution of 1789.8 Stability in France has come more from the five great Napoleonic Codes enacted between 1804 and 1810: the Civil, Penal, Commercial, Civil Procedure, and Criminal Procedure codes. They have surviv ...
lessons in liberty - ACLU of North Carolina
... hearing exceeds the capacity of the hall, and (iv) providing for the maintenance of order and decorum in the conduct of the hearing.35 However, when no meeting is held during the month, the council is not required to provide a public comment period.36 ...
... hearing exceeds the capacity of the hall, and (iv) providing for the maintenance of order and decorum in the conduct of the hearing.35 However, when no meeting is held during the month, the council is not required to provide a public comment period.36 ...
National Security Interests vs. The First Amendment: Haig v. Agee
... constitutional rights. But the character of every act depends upon the circumstances in which it is done." Schenck v. United States, 249 U.S. at 52. 18. Because of the "red scare," views denouncing "the American Way" were considered to be outside the area of protected speech. Many members of the Cou ...
... constitutional rights. But the character of every act depends upon the circumstances in which it is done." Schenck v. United States, 249 U.S. at 52. 18. Because of the "red scare," views denouncing "the American Way" were considered to be outside the area of protected speech. Many members of the Cou ...
Martin Loughlin and Neil Walker, eds., The Paradox of
... which is called upon to accept the constitution is constituted, legally, by that very constitution….”3 In principle, there are, I think, four strategies that can respond to the circular accounts of the people’s constituent power. First, we can posit a prelegal event, a constitutional “big bang”—a su ...
... which is called upon to accept the constitution is constituted, legally, by that very constitution….”3 In principle, there are, I think, four strategies that can respond to the circular accounts of the people’s constituent power. First, we can posit a prelegal event, a constitutional “big bang”—a su ...
the constitutional court of the republic of lithuania
... the Constitution, under which citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the Constitution and laws, with Paragraph 2 of the same article, which provides that no one may be comp ...
... the Constitution, under which citizens shall be guaranteed the right to freely form societies, political parties and associations, provided that the aims and activities thereof are not contrary to the Constitution and laws, with Paragraph 2 of the same article, which provides that no one may be comp ...
Unenumerated Rights Under Popular Constitutionalism
... way of talking, and it seems plainly connected to worries about judicial review. Evidently, we are prone to feel that courts are on thinner ice when they find in favor of claims to rights that fall in the "unenumerated" class. My speculation here accords with suggestions raised by essays in this sym ...
... way of talking, and it seems plainly connected to worries about judicial review. Evidently, we are prone to feel that courts are on thinner ice when they find in favor of claims to rights that fall in the "unenumerated" class. My speculation here accords with suggestions raised by essays in this sym ...
Constitutional Court of Thailand
The Constitutional Court (Thai: ศาลรัฐธรรมนูญ; rtgs: San Rattha Thammanun; Thai pronunciation: [sǎːn•rat•tʰà•tʰam•má•nuːn]) is an independent Thai court originally founded under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court was established by the 2007 Constitution and is part of the judicial branch of the Thai national government.The court, along with the 1997 Constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the coup d'État. While the Constitutional Court had 15 members, 7 from the judiciary and 8 selected by a special panel, the Constitution Tribunal had 9 members, all from the judiciary. A similar institution, consisting of 9 members, was again established by the 2007 Constitution.The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court.The decisions of the court are final and inappealable. The decisions also bind every state organ, including the National Assembly, the Council of Ministers and other courts.The various versions of the court have made several significant decisions. These included the 1999 decision that deputy minister of agriculture Newin Chidchop could retain his cabinet seat after being sentenced to imprisonment for defamation, the 2001 acquittal of Thaksin Shinawatra for filing an incomplete statement regarding his wealth, with the National Anti-Corruption Commission, the 2003 invalidation of Jaruvan Maintaka appointment as auditor-general, the 2007 dissolution of the Thai Rak Thai political party, and the 2014 removal of prime minister Yingluck Shinawatra from office.