No. 01-1375: United States v. Navajo Nation
... Secretary to make a "reasonable adjustment" in the royalty rate after 20 years, ibid.-rather than from a statute or regulation. "Even then," the court continued, "the Secretary's only guidance was to be 'reasonable' in revising rates." Id. at 67a-68a. The court acknowledged that, "as a matter of pol ...
... Secretary to make a "reasonable adjustment" in the royalty rate after 20 years, ibid.-rather than from a statute or regulation. "Even then," the court continued, "the Secretary's only guidance was to be 'reasonable' in revising rates." Id. at 67a-68a. The court acknowledged that, "as a matter of pol ...
"No Set of Circumstances" v. "Large Fraction of Cases": Debate
... on medical uncertainty, the appropriate standard of review, and the vagueness and overbreadth doctrines. This Note focuses on what CarhartII signals for future legal analysis in determining when an abortion law is facially invalid. Noting that the standard for facial review in abortion cases remaine ...
... on medical uncertainty, the appropriate standard of review, and the vagueness and overbreadth doctrines. This Note focuses on what CarhartII signals for future legal analysis in determining when an abortion law is facially invalid. Noting that the standard for facial review in abortion cases remaine ...
Richards - NYU School of Law
... constitution must be superior to other government powers; the judiciary will do the least violence to the constitution (b/c it exercises judgment, not will or force). Notes on Future Significance: This case is about the protection of human rights via judicial review, though this was not the case pri ...
... constitution must be superior to other government powers; the judiciary will do the least violence to the constitution (b/c it exercises judgment, not will or force). Notes on Future Significance: This case is about the protection of human rights via judicial review, though this was not the case pri ...
the constitutional court of the republic of lithuania
... Bailiffs Chamber of Lithuania—is established, with Article 35 of the Constitution and the constitutional principle of a state under the rule of law is impugned by the Palanga City Local Court, the petitioner in the constitutional justice case at issue. 2. Some articles (paragraphs thereof) of the La ...
... Bailiffs Chamber of Lithuania—is established, with Article 35 of the Constitution and the constitutional principle of a state under the rule of law is impugned by the Palanga City Local Court, the petitioner in the constitutional justice case at issue. 2. Some articles (paragraphs thereof) of the La ...
Reflections of America in Supreme Court Cases
... http://sunnylandsclassroom.org/Asset.aspx?id=11 Description: In the summer of 1787, delegates to the Constitutional Convention gathered in Philadelphia to create a document that would establish the government of the United States. On September 17, that landmark document – our Constitution – was sign ...
... http://sunnylandsclassroom.org/Asset.aspx?id=11 Description: In the summer of 1787, delegates to the Constitutional Convention gathered in Philadelphia to create a document that would establish the government of the United States. On September 17, that landmark document – our Constitution – was sign ...
East Donegal Co-op Ltd. -v- the Attorney General
... Constitution - Statute - Validity - Equality before the law - Livestock marts -Control of marts by Minister of State - Licences to trade granted by Minister- Objects of legislation - Whether discretion of Minister was absolute -Livestock Marts Act, 1967 (No. 20 of 1967), ss. 3, 4 - Constitution ofIr ...
... Constitution - Statute - Validity - Equality before the law - Livestock marts -Control of marts by Minister of State - Licences to trade granted by Minister- Objects of legislation - Whether discretion of Minister was absolute -Livestock Marts Act, 1967 (No. 20 of 1967), ss. 3, 4 - Constitution ofIr ...
Presentation Plus! - Watertown School District
... Gobitis, were expelled from school for refusing to salute the flag. • In Minersville School District v. Gobitis (1940) the Court upheld the school regulation, ruling that the flag was a patriotic symbol and requiring the salute did not infringe on religious freedom. Click the blue hyperlink to exp ...
... Gobitis, were expelled from school for refusing to salute the flag. • In Minersville School District v. Gobitis (1940) the Court upheld the school regulation, ruling that the flag was a patriotic symbol and requiring the salute did not infringe on religious freedom. Click the blue hyperlink to exp ...
State Law Independence and the Adequate and Independent State
... Since it decided Murdock v. Memphis 38 in 1875, the Supreme Court has declined to revise the judgments of state courts on state law.39 In Murdock, the Court held that if a state court of last resort decides a federal question against a person claiming a federal right, the Court will review the feder ...
... Since it decided Murdock v. Memphis 38 in 1875, the Supreme Court has declined to revise the judgments of state courts on state law.39 In Murdock, the Court held that if a state court of last resort decides a federal question against a person claiming a federal right, the Court will review the feder ...
THE LITTLE RED SCHOOLHOUSE: PIERCE, STATE MONOPOLY
... 1919, thirty-seven states enacted laws restricting the teaching of foreign languages. 7 Questions of patriotism, loyalty, and the meaning of American citizenship dominated public discourse. 8 Threats to national security also preoccupied the Supreme Court, which upheld the conviction of immigrants, ...
... 1919, thirty-seven states enacted laws restricting the teaching of foreign languages. 7 Questions of patriotism, loyalty, and the meaning of American citizenship dominated public discourse. 8 Threats to national security also preoccupied the Supreme Court, which upheld the conviction of immigrants, ...
National Security Interests vs. The First Amendment: Haig v. Agee
... Since the effect of the clear and present danger test was to allow more protection to expression, the majority of the Supreme Court refused to apply it on a consistent basis.'" The clear and present danger test was later modified in Brandenburg v. Ohio.' 9 The new formulation retained the requiremen ...
... Since the effect of the clear and present danger test was to allow more protection to expression, the majority of the Supreme Court refused to apply it on a consistent basis.'" The clear and present danger test was later modified in Brandenburg v. Ohio.' 9 The new formulation retained the requiremen ...
Constitutional Incorporation - DigitalCommons@UM Carey Law
... BAR OF POLITICS 18 (2d ed. 1986). One can trace this theme back even further to James Bradley Thayer. See James Bradley Thayer, The Origin and Scope of the American Doctrine of Constitutional Law, 7 HARV. L. REV. 129, 130 (1893). 3. See BICKEL, supra note 2. This conclusion, of course, depends upon ...
... BAR OF POLITICS 18 (2d ed. 1986). One can trace this theme back even further to James Bradley Thayer. See James Bradley Thayer, The Origin and Scope of the American Doctrine of Constitutional Law, 7 HARV. L. REV. 129, 130 (1893). 3. See BICKEL, supra note 2. This conclusion, of course, depends upon ...
From Exclusivity to Concurrence
... pattern: virtually all contemporary contexts where power is understood to be held concurrently amount to renunciations of the Court’s original view, consistent with Madison’s, that the power was held exclusively by only one institution. Part Two documents the doctrinal process by which the Supreme C ...
... pattern: virtually all contemporary contexts where power is understood to be held concurrently amount to renunciations of the Court’s original view, consistent with Madison’s, that the power was held exclusively by only one institution. Part Two documents the doctrinal process by which the Supreme C ...
Course Orientation - NYU School of Law
... a. Background: Questions about the role of judicial review in a democratic government. What is the competence of a non-elected branch of government over those elected by the people? b. Court skeptic challenge (Thayer/Jefferson) i. Believes courts are defective in protecting human rights, politics or ...
... a. Background: Questions about the role of judicial review in a democratic government. What is the competence of a non-elected branch of government over those elected by the people? b. Court skeptic challenge (Thayer/Jefferson) i. Believes courts are defective in protecting human rights, politics or ...
The Seven Pillars of Centralism: Federalism and the Engineers` Case
... to the States by s.107, as no clear words to the contrary appeared.18 The same result was reached in Huddart Parker & Co v. Moorehead, again with specific reference to s.107. 19 The result of this doctrine was that Commonwealth powers were in general construed relatively narrowly (at least by subseq ...
... to the States by s.107, as no clear words to the contrary appeared.18 The same result was reached in Huddart Parker & Co v. Moorehead, again with specific reference to s.107. 19 The result of this doctrine was that Commonwealth powers were in general construed relatively narrowly (at least by subseq ...
the supreme common law court of the united states
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
The Supreme Court`s Interpretation of the Guarantee of Freedom of
... 23. A court seeks legislative intent in order to interpret and apply a statute. 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 f ...
... 23. A court seeks legislative intent in order to interpret and apply a statute. 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 f ...
Get cached
... religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate. On the contrary, the record of more than a century of our free exercise jurisprudence contradicts that proposition. ,"10 To those of us who, whether sympathetic or critica ...
... religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate. On the contrary, the record of more than a century of our free exercise jurisprudence contradicts that proposition. ,"10 To those of us who, whether sympathetic or critica ...
The Constitution in the Supreme Court: The New Deal, 1931-1940
... Is Id. at 269, 257-58. Brandeis's approach seems more in accord with Justice Chase's original perception. See Hylton v. United States, 3 U.S. 171, 174 (1796): "it is unnecessary . . .for me to determine, whether this court, constitutionally possesses the power to declare an act of congress void, on ...
... Is Id. at 269, 257-58. Brandeis's approach seems more in accord with Justice Chase's original perception. See Hylton v. United States, 3 U.S. 171, 174 (1796): "it is unnecessary . . .for me to determine, whether this court, constitutionally possesses the power to declare an act of congress void, on ...
Scoring Key, Part I and Rating Guide Part II - Thematic
... When the Constitutional Convention presented its final draft for the document that would thereafter direct the actions of the United States government, it left many issues unresolved—how would the nation deal with slavery? What powers did the Supreme Court have in the system of checks and balances? ...
... When the Constitutional Convention presented its final draft for the document that would thereafter direct the actions of the United States government, it left many issues unresolved—how would the nation deal with slavery? What powers did the Supreme Court have in the system of checks and balances? ...
Basic Constitutional Analysis - Santa Clara Law Digital Commons
... The United States Constitution is "the Nation's single most fundamentally important document."' It sets up the federal government, confers powers upon its branches, and imposes crucial limits on both federal and state governments in order to protect individual liberty. The Constitution is the "supre ...
... The United States Constitution is "the Nation's single most fundamentally important document."' It sets up the federal government, confers powers upon its branches, and imposes crucial limits on both federal and state governments in order to protect individual liberty. The Constitution is the "supre ...
State v. Robinson: Free Speech, Or Itchin` for a Fight?
... right of free speech or are the words wholly unprotected by the U.S. Constitution? In the case of State v. Robinson, the Montana Supreme Court faced that exact question with those * University of Montana School of Law, class of 2005. I would like to express my gratitude to Professor Andrew King-Ries ...
... right of free speech or are the words wholly unprotected by the U.S. Constitution? In the case of State v. Robinson, the Montana Supreme Court faced that exact question with those * University of Montana School of Law, class of 2005. I would like to express my gratitude to Professor Andrew King-Ries ...
chapter ix
... empowers the Parliament to regulate by law the recruitment and conditions of service of person appointed to the secretarial staff of either House of Parliament. However, as no such law has yet been made by the Parliament, the recruitment to the Secretariats of the Lok Sabha and the Rajya Sabha and t ...
... empowers the Parliament to regulate by law the recruitment and conditions of service of person appointed to the secretarial staff of either House of Parliament. However, as no such law has yet been made by the Parliament, the recruitment to the Secretariats of the Lok Sabha and the Rajya Sabha and t ...
RTF format
... need not be informed of the proceedings. The Act regulates the circumstances in which the court has to grant an interim order without notice to the respondent. The court is only obliged to grant an interim order if the court is satisfied, firstly, that there is prima facie evidence that the responde ...
... need not be informed of the proceedings. The Act regulates the circumstances in which the court has to grant an interim order without notice to the respondent. The court is only obliged to grant an interim order if the court is satisfied, firstly, that there is prima facie evidence that the responde ...
THE PEOPLE v BRIGHT MWAPE FRED MMEMBE (1995) S.J. HIGH
... Simataa and Regina Sanana Saasa Simataa v Attorney-General (3). The applications in both cases were not brought by way of Reference or Originating Notice of Motion but the cases demonstrate how the issues for the consideration of the court should be framed. Notwithstanding the matters I have raised ...
... Simataa and Regina Sanana Saasa Simataa v Attorney-General (3). The applications in both cases were not brought by way of Reference or Originating Notice of Motion but the cases demonstrate how the issues for the consideration of the court should be framed. Notwithstanding the matters I have raised ...
Public Trial and Public Right - Scholarly Commons at Hofstra Law
... five opinions might well have been left unwritten; they are virtually useless for guidance to lower courts and lawyers, or for anything else. I think it possible, and even likely, that this fragmentation-an increasingly familiar phenomenon-is attributable to the Justices' failure to achieve agreemen ...
... five opinions might well have been left unwritten; they are virtually useless for guidance to lower courts and lawyers, or for anything else. I think it possible, and even likely, that this fragmentation-an increasingly familiar phenomenon-is attributable to the Justices' failure to achieve agreemen ...