The Politics of the Appointment of Justice Edward Terry Sanford
... does not prescribe any particular educational criteria a nominee must meet to gain appointment to the Court, all appointees have by custom been lawyers. ...
... does not prescribe any particular educational criteria a nominee must meet to gain appointment to the Court, all appointees have by custom been lawyers. ...
Public Forum Doctrine in Higher Education: Student
... Designating free speech forums has become more prevalent on the nation's university campuses.3 School officials prefer to allow certain space to students and the occasional non-student to exercise their First Amendment rights however they wish, without disrupting the educational environment. Those w ...
... Designating free speech forums has become more prevalent on the nation's university campuses.3 School officials prefer to allow certain space to students and the occasional non-student to exercise their First Amendment rights however they wish, without disrupting the educational environment. Those w ...
Civil Rights and Judicial Resistance to Administrative
... consistently follow either the deference dichotomy or the Court's own precedents. At times, the Court applied deferential review to mere interpretive rules, and at other times it refused to apply such review to legislative rules.6 In the years after ChristensenMead, the Court has more closely adhere ...
... consistently follow either the deference dichotomy or the Court's own precedents. At times, the Court applied deferential review to mere interpretive rules, and at other times it refused to apply such review to legislative rules.6 In the years after ChristensenMead, the Court has more closely adhere ...
Capturing the Future: Earl Warren and Supreme Court History
... 1. Consider, for example, debates on the empirical significance of Miranda v. Arizona, 384 U.S. 436 (1966) (inadmissibility of confessional statements without prior warning to accused of their constitutional rights), Reynolds v. Sims, 377 U.S. 533 (1964) (one vote, one value state legislatures' elec ...
... 1. Consider, for example, debates on the empirical significance of Miranda v. Arizona, 384 U.S. 436 (1966) (inadmissibility of confessional statements without prior warning to accused of their constitutional rights), Reynolds v. Sims, 377 U.S. 533 (1964) (one vote, one value state legislatures' elec ...
The Perils of Popularity: David Josiah Brewer and the Politics of
... questions of the day.”19 The Proquest Historical Newspapers database confirms Brewer’s visibility to the public. A search for stories with references to the Supreme Court Justices of the Fuller Court era reveals that the three Justices whose names appeared most frequently in the popular press were C ...
... questions of the day.”19 The Proquest Historical Newspapers database confirms Brewer’s visibility to the public. A search for stories with references to the Supreme Court Justices of the Fuller Court era reveals that the three Justices whose names appeared most frequently in the popular press were C ...
The Hazards of Proposals to Limit the Tenure of
... impeachment process should remain the sole procedure for the removal of federaljudges. 3 Meanwhile, the controversies over recent Supreme Court nominations and the ongoing polemic concerning the role of the federal judiciary have renewed debate about whether federal judges should enjoy life tenure. ...
... impeachment process should remain the sole procedure for the removal of federaljudges. 3 Meanwhile, the controversies over recent Supreme Court nominations and the ongoing polemic concerning the role of the federal judiciary have renewed debate about whether federal judges should enjoy life tenure. ...
inter-american court of human rights
... to submit only one brief with their requests, their arguments and their evidence, and also stated that it would be advisable that the different groups of representatives meet and try to submit, through the common intervener, only one single brief with their requests, their arguments and their eviden ...
... to submit only one brief with their requests, their arguments and their evidence, and also stated that it would be advisable that the different groups of representatives meet and try to submit, through the common intervener, only one single brief with their requests, their arguments and their eviden ...
View/Open
... state's involvement in the action itself.' 5 Through its recent interpretations of the symbiotic relationship, public function, and state compulsion tests, the Court examined various factors that created state action.' 6 The Court no longer restricted its analysis of the modified tests to an examina ...
... state's involvement in the action itself.' 5 Through its recent interpretations of the symbiotic relationship, public function, and state compulsion tests, the Court examined various factors that created state action.' 6 The Court no longer restricted its analysis of the modified tests to an examina ...
Multi-Party Actions - Scottish Law Commission
... We recorded in 198911 that consideration of the Lord Advocate's reference had turned out to be more complex than originally envisaged. We accordingly decided, as explained in Part 3 of our discussion paper, that certain matters should not be dealt with. This was either because they are outwith what ...
... We recorded in 198911 that consideration of the Lord Advocate's reference had turned out to be more complex than originally envisaged. We accordingly decided, as explained in Part 3 of our discussion paper, that certain matters should not be dealt with. This was either because they are outwith what ...
as a PDF - University of Illinois Law Review
... without our consent is so well established that most of us take its existence for granted. The Supreme Court has described it as the most “sacred” of rights.1 Given the heft of the common law right, it is perhaps surprising that the constitutional right against government-imposed bodily intrusions i ...
... without our consent is so well established that most of us take its existence for granted. The Supreme Court has described it as the most “sacred” of rights.1 Given the heft of the common law right, it is perhaps surprising that the constitutional right against government-imposed bodily intrusions i ...
Racial Picketing Protesting Discriminatory Employment Practices
... the International Court adjudicates disputes between proper subjects of international law and if the claims are not espoused and pressed by the states involved, the Court may be reluctant to render advisory opinions. The claims were not espoused in the instant case. Certain questions arise from the ...
... the International Court adjudicates disputes between proper subjects of international law and if the claims are not espoused and pressed by the states involved, the Court may be reluctant to render advisory opinions. The claims were not espoused in the instant case. Certain questions arise from the ...
Real Feminists for Motherhood Coalition, Petitioner v. Virginia
... At the outset it should be noted that there is a longstanding history of law, both on the federal and state level, directed at abortion and its regulation. This longstanding history is by no means one of consistency. In fact, the history of abortion law is one of doubt contributing to no reliability ...
... At the outset it should be noted that there is a longstanding history of law, both on the federal and state level, directed at abortion and its regulation. This longstanding history is by no means one of consistency. In fact, the history of abortion law is one of doubt contributing to no reliability ...
On Sunday, June 13, 1971, The New York Times published the first
... the documents, he believed, would allow Americans to assess the conflict for themselves and benefit from the lessons of Vietnam. "In 1965 and 1966," McNamara said in a 1975 interview, "I believed that the decisions that were being taken were so momentous with respect to the history of our nation tha ...
... the documents, he believed, would allow Americans to assess the conflict for themselves and benefit from the lessons of Vietnam. "In 1965 and 1966," McNamara said in a 1975 interview, "I believed that the decisions that were being taken were so momentous with respect to the history of our nation tha ...
"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 ...
Reflections of America in Supreme Court Cases
... he said, “. . . we see reflected, not only our own lives, but the lives of all men that have been.” When the Supreme Court interprets the law and makes constitutional decisions, these decisions are a reflection of the society it serves. “Each case that comes before the [Supreme] Court is a unique sl ...
... he said, “. . . we see reflected, not only our own lives, but the lives of all men that have been.” When the Supreme Court interprets the law and makes constitutional decisions, these decisions are a reflection of the society it serves. “Each case that comes before the [Supreme] Court is a unique sl ...
Judiciary
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
foundational facts and doctrinal change
... on foundational facts: potentially contested factual assumptions that are embedded in the doctrine itself and on which the doctrine is based. Without an understanding of a doctrine=s foundational facts, we have an inadequate understanding of the doctrine and its changes over time. Foundational facts ...
... on foundational facts: potentially contested factual assumptions that are embedded in the doctrine itself and on which the doctrine is based. Without an understanding of a doctrine=s foundational facts, we have an inadequate understanding of the doctrine and its changes over time. Foundational facts ...
Course Orientation - NYU School of Law
... d. Madison’s constitutional vision i. Central figure and intellectual architect. Madison writes persuasively in favor of states ratifying Constitution but still isn’t satisfied. Constitution wouldn’t be legitimatized until it protected human rights from both federal and state governments. Fears the ...
... d. Madison’s constitutional vision i. Central figure and intellectual architect. Madison writes persuasively in favor of states ratifying Constitution but still isn’t satisfied. Constitution wouldn’t be legitimatized until it protected human rights from both federal and state governments. Fears the ...
State Law Independence and the Adequate and Independent State
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
Meddling with the Vienna Convention on Consular
... VCCR claim was precluded due to a state procedural default rule); Breard, 523 U.S. at 375-76 (holding that the defendant defaulted on his VCCR claim by failing to raise it in the state proceedings); Villafuerte v. Stewart, 142 F.3d 1124, 1125 (9th Cir. 1998) (noting that the defendant’s VCCR claim w ...
... VCCR claim was precluded due to a state procedural default rule); Breard, 523 U.S. at 375-76 (holding that the defendant defaulted on his VCCR claim by failing to raise it in the state proceedings); Villafuerte v. Stewart, 142 F.3d 1124, 1125 (9th Cir. 1998) (noting that the defendant’s VCCR claim w ...
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 ...
State v. Robinson: Free Speech, Or Itchin` for a Fight?
... intention of defaming or exciting the people against the government, the President or Congress. 20 The constitutionality of the Alien and Sedition Act was never brought before the Supreme Court, and it was repealed in 1801. However, it has been suggested that the Court may have upheld the Act based ...
... intention of defaming or exciting the people against the government, the President or Congress. 20 The constitutionality of the Alien and Sedition Act was never brought before the Supreme Court, and it was repealed in 1801. However, it has been suggested that the Court may have upheld the Act based ...
Judicial Activism: The Indian Experience
... judicial review of legislative action should be creative and not mechanistic in their interpretations. According to Justice Cardozo, a written constitution “states or ought to state not rules for the passing hour but principles for an expanding future.”14 Judges who interpret a written constitution ...
... judicial review of legislative action should be creative and not mechanistic in their interpretations. According to Justice Cardozo, a written constitution “states or ought to state not rules for the passing hour but principles for an expanding future.”14 Judges who interpret a written constitution ...
The Second Death of Substantive Due Process
... The Oklahoma law may exact a needless, wasteful requirement in many cases. But it is for the legislature, not the courts, to balance the advantages and disadvantages of the new requirement. . . . [T]he law need not be in every respect logically consistent with its aims to be constitutional. It is en ...
... The Oklahoma law may exact a needless, wasteful requirement in many cases. But it is for the legislature, not the courts, to balance the advantages and disadvantages of the new requirement. . . . [T]he law need not be in every respect logically consistent with its aims to be constitutional. It is en ...
European Court of Justice
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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.