The Supreme Court`s Interpretation of the Guarantee of Freedom of
... The legislators may have overlooked the specific problem before the court and thus have no relevant intent; they may have considered the problems but thought it preferable to leave the determination of the issues posed for the courts to decide; or they may have had and expressed an idea on how the m ...
... The legislators may have overlooked the specific problem before the court and thus have no relevant intent; they may have considered the problems but thought it preferable to leave the determination of the issues posed for the courts to decide; or they may have had and expressed an idea on how the m ...
In re Gault and the Privilege Against Self
... Charta." From its very beginning, the juvenile court has been based on the philosophy of "individualized justice." This means that the individuality of the child is recognized in the court's disposition of the child, necessitating the court's consideration of sociology, psychology, biology, and even ...
... Charta." From its very beginning, the juvenile court has been based on the philosophy of "individualized justice." This means that the individuality of the child is recognized in the court's disposition of the child, necessitating the court's consideration of sociology, psychology, biology, and even ...
Mr. Justice Frankfurter: Judgment and the Fourteenth Amendment
... than the duty not to decide or not to decide beyond its circumscribed authority."2 7 With Brandeis the principle was "absolutely basic."'2 8 Rather than join the majority which upheld the sale of electric power by the Tennessee Valley Authority,29 or join what may for a time have been a majority rea ...
... than the duty not to decide or not to decide beyond its circumscribed authority."2 7 With Brandeis the principle was "absolutely basic."'2 8 Rather than join the majority which upheld the sale of electric power by the Tennessee Valley Authority,29 or join what may for a time have been a majority rea ...
Judicial Recusation in the Federal Republic of Germany
... These same rules of exclusion pertaining to familial relationship prevail in criminal proceedings with the substitution of the phrase "the accused or injured person" for the word "party.""7 The exclusion in criminal proceedings for reasons of familial relationship is subject to criticism because it ...
... These same rules of exclusion pertaining to familial relationship prevail in criminal proceedings with the substitution of the phrase "the accused or injured person" for the word "party.""7 The exclusion in criminal proceedings for reasons of familial relationship is subject to criticism because it ...
The Hughes Court and Radical Political Dissent
... Debs had been correctly decided, but that the Court erred in finding that “the surreptitious publishing of a silly leaflet by an unknown man, without more, would present any immediate danger that its opinions would hinder the success of the government arms or have any appreciable tendency to do so.” ...
... Debs had been correctly decided, but that the Court erred in finding that “the surreptitious publishing of a silly leaflet by an unknown man, without more, would present any immediate danger that its opinions would hinder the success of the government arms or have any appreciable tendency to do so.” ...
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... The question I ask myself is does the violation that counsel for the Respondent raises fall within any of the three categories of exceptions that are beyond the curative powers of the court? The answer is a big no. Following Ex Parte Allgate the decision in Ex Parte Dr. Kofi Asare, supra followed th ...
... The question I ask myself is does the violation that counsel for the Respondent raises fall within any of the three categories of exceptions that are beyond the curative powers of the court? The answer is a big no. Following Ex Parte Allgate the decision in Ex Parte Dr. Kofi Asare, supra followed th ...
Federalism in the Middle East and Europe
... Costa.13 That decision, like Marbury, offered a formidable precondition for the federalist rights of the states of the European Union by way of making communitarian law, as it used to be called, to prevail over any national law, whether that national law is subsequent to or antecedent to the treaty ...
... Costa.13 That decision, like Marbury, offered a formidable precondition for the federalist rights of the states of the European Union by way of making communitarian law, as it used to be called, to prevail over any national law, whether that national law is subsequent to or antecedent to the treaty ...
Zbaraz v. Hartigan: Mandatory Twenty
... Forty years after Pierce, the Court enunciated the right of privacy in Griswold v. Connecticut, 381 U.S. 479 (1927). In Griswold, the Court struck down a statute which made the use of contraceptives a criminal offense, Id. at 479. This statute also made the act of counseling married couples about co ...
... Forty years after Pierce, the Court enunciated the right of privacy in Griswold v. Connecticut, 381 U.S. 479 (1927). In Griswold, the Court struck down a statute which made the use of contraceptives a criminal offense, Id. at 479. This statute also made the act of counseling married couples about co ...
Tibbs v. Florida - The Supreme Court Opinion Writing Database
... Jenkins, 420 U.S. 358 (1975)). For this reason, we should begin with a clear understanding of what is at stake in this case. To sustain the conviction, in this case, the prosecution was required to convince the Florida Supreme Court not only that the evidence was sufficient under the federal constit ...
... Jenkins, 420 U.S. 358 (1975)). For this reason, we should begin with a clear understanding of what is at stake in this case. To sustain the conviction, in this case, the prosecution was required to convince the Florida Supreme Court not only that the evidence was sufficient under the federal constit ...
Midnight Appointment Case
... 1. The Court’s exclusion of appointments to the Judiciary from the Constitutional ban on midnight appointments is based on an interpretation beyond the plain and unequivocal language of the Constitution. 2. The intent of the ban on midnight appointments is to cover appointments in both the Executiv ...
... 1. The Court’s exclusion of appointments to the Judiciary from the Constitutional ban on midnight appointments is based on an interpretation beyond the plain and unequivocal language of the Constitution. 2. The intent of the ban on midnight appointments is to cover appointments in both the Executiv ...
Category of case No. 757/5777/15-ц: not defined. Date of entry into
... The cassation appeal of M. V. Heletii acting on behalf of JKX Oil & Gas PLC, Poltava Gas B.V. and JV Poltava Petroleum Company was satisfied in part by the resolution of the Specialized Higher Court of Ukraine for Civil and Criminal Cases dated 24.02.2016. The resolution of the Kyiv City Court of Ap ...
... The cassation appeal of M. V. Heletii acting on behalf of JKX Oil & Gas PLC, Poltava Gas B.V. and JV Poltava Petroleum Company was satisfied in part by the resolution of the Specialized Higher Court of Ukraine for Civil and Criminal Cases dated 24.02.2016. The resolution of the Kyiv City Court of Ap ...
Legal Response to Propaganda Broadcasts Related to Crisis in and
... programs . . . from countries other than the EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television may be suspended upon a decision of the Commission [Radio and Television Commission of Lithua ...
... programs . . . from countries other than the EU Member States, states of the European Economic Area and other European states which have ratified the Council of Europe Convention on Transfrontier Television may be suspended upon a decision of the Commission [Radio and Television Commission of Lithua ...
Hallows Lecture - Marquette Law Scholarly Commons
... confess by word or act their faith therein.” Justice Frankfurter was not happy. Instead of making a tactical retreat, he doubled down on his position in Gobitis. His method was a form of confession and avoidance. He confessed to agreeing with the underlying policy of the Court’s opinion—that it is n ...
... confess by word or act their faith therein.” Justice Frankfurter was not happy. Instead of making a tactical retreat, he doubled down on his position in Gobitis. His method was a form of confession and avoidance. He confessed to agreeing with the underlying policy of the Court’s opinion—that it is n ...
The Art, Craft, and Future of Legal Journalism
... Saint Louis University Law School Dean Michael Wolff – a former reporter and Missouri Supreme Court Judge – gives readers a sense of the pedigree that Lewis inherited by introducing us to the medieval “lawspeakers,” who memorized and recited law so that people would know the rule of law.30 While the ...
... Saint Louis University Law School Dean Michael Wolff – a former reporter and Missouri Supreme Court Judge – gives readers a sense of the pedigree that Lewis inherited by introducing us to the medieval “lawspeakers,” who memorized and recited law so that people would know the rule of law.30 While the ...
Judicial Independence in a Changing Constitutional Landscape
... organising, leading and representing the judiciary from the Lord Chancellor to the Lord Chief Justice, the Act was otherwise largely silent about how these responsibilities should be discharged by the Lord Chief Justice. This was deliberate, at least on the part of the judiciary, as it left to the j ...
... organising, leading and representing the judiciary from the Lord Chancellor to the Lord Chief Justice, the Act was otherwise largely silent about how these responsibilities should be discharged by the Lord Chief Justice. This was deliberate, at least on the part of the judiciary, as it left to the j ...
Judicial independence in a changing constitutional
... what is necessary to ensure that the courts can deliver it. Judges have to be active in relation to decisions concerning the adequate provision of judges and court administration and explaining why these go hand-in-hand with maintaining judicial independence and defending the rule of law. LEADERSHIP ...
... what is necessary to ensure that the courts can deliver it. Judges have to be active in relation to decisions concerning the adequate provision of judges and court administration and explaining why these go hand-in-hand with maintaining judicial independence and defending the rule of law. LEADERSHIP ...
Bans on political parties – The limitation of free political competition
... Federal Constitutional Court shall rule on the question of unconstitutionality of the party, i. e. the Constitutional Court has the immediate jurisdiction for the pronunciation of the prohibition order. Contrary to other restrictive measures, like the ban of ordinary associations9) or assemblies10), ...
... Federal Constitutional Court shall rule on the question of unconstitutionality of the party, i. e. the Constitutional Court has the immediate jurisdiction for the pronunciation of the prohibition order. Contrary to other restrictive measures, like the ban of ordinary associations9) or assemblies10), ...
Recent Cases: Labor Law. Picketing. Interpretation of Statute
... convicted under the Espionage Act of 1917 for distributing leaflets attacking the World War system of compulsory military service. The court itself determined that the defendant's activity constituted in the circumstances a "dear and present danger" to successful prosecution of the war. This "clear ...
... convicted under the Espionage Act of 1917 for distributing leaflets attacking the World War system of compulsory military service. The court itself determined that the defendant's activity constituted in the circumstances a "dear and present danger" to successful prosecution of the war. This "clear ...
The Proposal for a League to Enforce Peace
... ground that it surrenders too much of a Nation's sovereignty. I do not think so. It may encounter opposition when it is brought up in a world's conference, but I think we here ought to stand for it and press it as far as we can in order that the agreement which shall be made shall* cover as much gro ...
... ground that it surrenders too much of a Nation's sovereignty. I do not think so. It may encounter opposition when it is brought up in a world's conference, but I think we here ought to stand for it and press it as far as we can in order that the agreement which shall be made shall* cover as much gro ...
On May 17, 1954, Chief Justice Earl Warren read the
... But for many years officers disregarded this. If they broke into a home and seized property contrary to law, prosecutors could use it as evidence in court to convict its owner—government could, and did, break the law to its own advantage. In 1914, the Supreme Court under Chief Justice Edward D. Whit ...
... But for many years officers disregarded this. If they broke into a home and seized property contrary to law, prosecutors could use it as evidence in court to convict its owner—government could, and did, break the law to its own advantage. In 1914, the Supreme Court under Chief Justice Edward D. Whit ...
Court Case - Caldwell County Schools
... Schenck v. United States (1919) Korematsu v. United States (1944) Brown v. Board of Education (1954) Mapp v. Ohio (1961) Engel v. Vitale (1962) Gideon v. Wainwright (1963) Escobedo v. Illinois (1964) Heart of Atlanta Motel v US (1964) Miranda v. Arizona (1966) ...
... Schenck v. United States (1919) Korematsu v. United States (1944) Brown v. Board of Education (1954) Mapp v. Ohio (1961) Engel v. Vitale (1962) Gideon v. Wainwright (1963) Escobedo v. Illinois (1964) Heart of Atlanta Motel v US (1964) Miranda v. Arizona (1966) ...
Unit 4 PowerPoint - (Supreme Court Cases)
... the United States. Refused to pay a tax to the state of Maryland and was arrested. He appealed conviction on the grounds that a state could not tax the federal government. Court Ruling: In favor of McCulloch. Precedent: States cannot tax the federal government. ...
... the United States. Refused to pay a tax to the state of Maryland and was arrested. He appealed conviction on the grounds that a state could not tax the federal government. Court Ruling: In favor of McCulloch. Precedent: States cannot tax the federal government. ...
Case Year
... Initially, the Bill of Rights was intended to limit the powers of the national government to prevent infringement upon individual civil liberties. After the Civil War, the Fourteenth Amendment (ratified in 1868) included guarantees that “no state shall abridge the privileges or immunities of citizen ...
... Initially, the Bill of Rights was intended to limit the powers of the national government to prevent infringement upon individual civil liberties. After the Civil War, the Fourteenth Amendment (ratified in 1868) included guarantees that “no state shall abridge the privileges or immunities of citizen ...
The Ambiguity of Judicial Review: A Response to Professor Bickel
... has occasionally chosen the wrong politics. Can that kind of error be avoided merely by asking the Court to shun political choices? Suppose the Court had said that the Constitution did not prohibit slaves from becoming citizens. Perhaps then the "wrangling of lawyers" would have saved a war. If the ...
... has occasionally chosen the wrong politics. Can that kind of error be avoided merely by asking the Court to shun political choices? Suppose the Court had said that the Constitution did not prohibit slaves from becoming citizens. Perhaps then the "wrangling of lawyers" would have saved a war. If the ...
Transcription of the Debates Presided by Professor Manuel Porto
... association of this title and the title of the panel brings to mind another crisis, in my opinion, an identity crisis within the European Union, and I say within the European Union because this crisis affects all those involved in the integration process. It is an identity crisis of a European Union ...
... association of this title and the title of the panel brings to mind another crisis, in my opinion, an identity crisis within the European Union, and I say within the European Union because this crisis affects all those involved in the integration process. It is an identity crisis of a European Union ...
European Court of Justice
The European Court of Justice (ECJ), officially just the Court of Justice (French: Cour de Justice), is the highest court in the European Union in matters of European Union law. As a part of the Court of Justice of the European Union it is tasked with interpreting EU law and ensuring its equal application across all EU member states. The Court was established in 1952 and is based in Luxembourg. It is composed of one judge per member state – currently 28 – although it normally hears cases in panels of three, five or thirteen judges. The court has been led by president Vassilios Skouris since 2003.