Resource Book for Probation and Parole Revocation Hearings
... Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the a ...
... Every paroled prisoner remains in the legal custody of the department unless otherwise provided by the department. If the department alleges that any condition or rule of parole has been violated by the prisoner, the department may take physical custody of the prisoner for the investigation of the a ...
The Perils of Popularity: David Josiah Brewer and the Politics of
... years on the Court, he authored 540 majority opinions, a total that had been exceeded by only five Justices at the time of his death in 1910.3 He also cast what turned out to be the deciding vote in a number of landmark cases, including the Income Tax Case4 (1895), the Northern Securities antitrust ...
... years on the Court, he authored 540 majority opinions, a total that had been exceeded by only five Justices at the time of his death in 1910.3 He also cast what turned out to be the deciding vote in a number of landmark cases, including the Income Tax Case4 (1895), the Northern Securities antitrust ...
Capturing the Future: Earl Warren and Supreme Court History
... Supreme Court, 29 U. Cr. L. REV. 1 (1961), reprintedas PHHP B. KURLAND, RELIGION AND THE LAW: OF CHURCH AND STATE AND THE SUPREME COURT (rev. ed. 1962); Philip B. Kurland, The Mersky Case and the Criminal Appeals Act: A Suggestion for Amendment of the Statute, 28 U. C. L. REV. 419 (1961); Philip B. ...
... Supreme Court, 29 U. Cr. L. REV. 1 (1961), reprintedas PHHP B. KURLAND, RELIGION AND THE LAW: OF CHURCH AND STATE AND THE SUPREME COURT (rev. ed. 1962); Philip B. Kurland, The Mersky Case and the Criminal Appeals Act: A Suggestion for Amendment of the Statute, 28 U. C. L. REV. 419 (1961); Philip B. ...
amended and supplemented on 5 July 2000 Amended by: 1. Law no
... (1) The Republic of Moldova is a sovereign, independent, unitary and indivisible state. (2) The form of government of the State is the republic. (3) The Republic of Moldova is a democratic and governed by the rule of law State, in which human dignity, his/her rights and freedoms, the free developmen ...
... (1) The Republic of Moldova is a sovereign, independent, unitary and indivisible state. (2) The form of government of the State is the republic. (3) The Republic of Moldova is a democratic and governed by the rule of law State, in which human dignity, his/her rights and freedoms, the free developmen ...
Civil Rights and Judicial Resistance to Administrative
... provides, at best, a partial explanation for such choices. While ideology may explain some portion of judicial disagreement about whether to defer, the justices tended more often than not to agree across the ideological spectrum about whether a heightened or minimal deference framework applied. When ...
... provides, at best, a partial explanation for such choices. While ideology may explain some portion of judicial disagreement about whether to defer, the justices tended more often than not to agree across the ideological spectrum about whether a heightened or minimal deference framework applied. When ...
View/Open
... manner. 5 1 Brentwood Academy raised such allegations pursuant to 42 U.S.C. § 1983 ("Section 1983"),52 which requires that allegations of federal law violations contain references to action conducted under the color of state law. 53 On June 1, 1998, Brentwood Academy moved for a permanent injunction ...
... manner. 5 1 Brentwood Academy raised such allegations pursuant to 42 U.S.C. § 1983 ("Section 1983"),52 which requires that allegations of federal law violations contain references to action conducted under the color of state law. 53 On June 1, 1998, Brentwood Academy moved for a permanent injunction ...
The Hazards of Proposals to Limit the Tenure of
... End Life Tenure for Judges, N.Y. Times, Sept. 6, 1986, at 27, col. 4. For a list of recent bills to limit lifetime tenure, see infra notes 106-08. 5. See 28 U.S.C. § 372(c) (1988). For a discussion of the Act, see infta notes 234-311 and accompanying text. 6. See Edwards, RegulatingJudicial Miscondu ...
... End Life Tenure for Judges, N.Y. Times, Sept. 6, 1986, at 27, col. 4. For a list of recent bills to limit lifetime tenure, see infra notes 106-08. 5. See 28 U.S.C. § 372(c) (1988). For a discussion of the Act, see infta notes 234-311 and accompanying text. 6. See Edwards, RegulatingJudicial Miscondu ...
inter-american court of human rights
... -2American Convention, in relation to the general obligation set forth in Article 1(1) (Obligation to Respect Rights) therein. The facts stated in the application refer to the alleged non-compliance with the judgments rendered between 1996 and 2000 “by the Judges of the city of Lima, the Corte Supe ...
... -2American Convention, in relation to the general obligation set forth in Article 1(1) (Obligation to Respect Rights) therein. The facts stated in the application refer to the alleged non-compliance with the judgments rendered between 1996 and 2000 “by the Judges of the city of Lima, the Corte Supe ...
Property Rights in the Balance
... 18. The Court recently acknowledged that principles of comity and federalism "have received considerable attention in our decisions," noting: "The very vastness of our territory as a Nation, the different times at which it was acquired and settled, and the varying physiographic and climatic regimes ...
... 18. The Court recently acknowledged that principles of comity and federalism "have received considerable attention in our decisions," noting: "The very vastness of our territory as a Nation, the different times at which it was acquired and settled, and the varying physiographic and climatic regimes ...
α tribute to fifty years of the european court of human rights
... account and the total lack of explanation regarding their declaration as inadmissible and even regarding their consideration. It is not just bearing in mind the 6.5% of the cases that are tried on their merits, but also remembering the 93.5% that fail to have access to the court for significant matt ...
... account and the total lack of explanation regarding their declaration as inadmissible and even regarding their consideration. It is not just bearing in mind the 6.5% of the cases that are tried on their merits, but also remembering the 93.5% that fail to have access to the court for significant matt ...
SC10-1790 Complainant, v. CARLTON PIERCE, Respondent
... commented. The judiciary, like any other branch of government, is not immune from comment or criticism. The proscription of an attorney’s speech appears to limit statements that are known to be false or made with reckless disregard for the truth; thus, it would appear that truthful statements or sta ...
... commented. The judiciary, like any other branch of government, is not immune from comment or criticism. The proscription of an attorney’s speech appears to limit statements that are known to be false or made with reckless disregard for the truth; thus, it would appear that truthful statements or sta ...
Lamb`s Chapel v. Center Moriches School District (1993)
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
... Conclusion: In a 4-to-1 decision, the justices held that "the people of the United States" intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the "artifi ...
as a PDF - University of Illinois Law Review
... and trespass.26 At common law, if a person merely touched another without consent and without legal justification, he committed a battery.27 The doctrine of informed consent in medicine arose out of the principle that “[e]very human being of adult years and sound mind has a right to determine what s ...
... and trespass.26 At common law, if a person merely touched another without consent and without legal justification, he committed a battery.27 The doctrine of informed consent in medicine arose out of the principle that “[e]very human being of adult years and sound mind has a right to determine what s ...
Free Speech and the Right of Entry Into the United States
... participate in as contemplated by the first amendment. New York Times v. Sullivan, 376 U.S. 254, 270 (1964); see also Procunier v. Martinez, 416 U.S. 396, 408-09 (1974) (emphasizing that censoring prisoners' mail violates the first amendment guarantee of freedom of speech); Red Lion Broadcasting v. ...
... participate in as contemplated by the first amendment. New York Times v. Sullivan, 376 U.S. 254, 270 (1964); see also Procunier v. Martinez, 416 U.S. 396, 408-09 (1974) (emphasizing that censoring prisoners' mail violates the first amendment guarantee of freedom of speech); Red Lion Broadcasting v. ...
The Rule that Proves the Exception: A Constitutional State of
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
Real Feminists for Motherhood Coalition, Petitioner v. Virginia
... scrutiny test and remain consistent with the ruling in Roe. The regulation of abortion was approached on a trimester basis. When dividing a pregnancy into trimesters, a delineable test was established for when and more importantly how abortion regulation was necessary and proper.18 Specifically, the ...
... scrutiny test and remain consistent with the ruling in Roe. The regulation of abortion was approached on a trimester basis. When dividing a pregnancy into trimesters, a delineable test was established for when and more importantly how abortion regulation was necessary and proper.18 Specifically, the ...
Impeachment Grounds: A Collection of Selected
... superior reposes a confidence in a subject or inferior, between whom and himself there subsists a natural, a civil, or even a spiritual relation; and the inferior so abuses that confidence, so forgets the obligations of duty, subjection, and allegiance, as to destroy the life of any such his superio ...
... superior reposes a confidence in a subject or inferior, between whom and himself there subsists a natural, a civil, or even a spiritual relation; and the inferior so abuses that confidence, so forgets the obligations of duty, subjection, and allegiance, as to destroy the life of any such his superio ...
Volume 21, 2013
... that they will be final. What follows is nothing but a first attempt at joining dots that have perhaps previously remained unconnected. Whether they are the right dots joined in the right way very much remains to be seen. I will be very happy if these thoughts start a bigger discussion. ...
... that they will be final. What follows is nothing but a first attempt at joining dots that have perhaps previously remained unconnected. Whether they are the right dots joined in the right way very much remains to be seen. I will be very happy if these thoughts start a bigger discussion. ...
Locke v. United States and the Definition of Probable Cause in U.S.
... class was formed, too, and the colonists did not always find trade with England to be the most lucrative or desirable. Under a mercantilist worldview, Britain believed that there was a fixed supply of economic value. The Crown therefore realized that it should undertake to apply mercantile principle ...
... class was formed, too, and the colonists did not always find trade with England to be the most lucrative or desirable. Under a mercantilist worldview, Britain believed that there was a fixed supply of economic value. The Crown therefore realized that it should undertake to apply mercantile principle ...
On Sunday, June 13, 1971, The New York Times published the first
... a story officials said threatened the nation's security. This demand for "prior restraint"—preventing an article from being printed—led almost immediately to court. Within days the two cases— involving the Times and the Post – were heard as one before the Supreme Court on an emergency expedited basi ...
... a story officials said threatened the nation's security. This demand for "prior restraint"—preventing an article from being printed—led almost immediately to court. Within days the two cases— involving the Times and the Post – were heard as one before the Supreme Court on an emergency expedited basi ...
foundational facts and doctrinal change
... This Article serves to better expose the basic architecture of doctrine by identifying the role of foundational facts. It argues that the interplay between foundational facts and doctrinal change gives us a new meta-level approach to doctrinal analysis.10 In order to understand this new approach, we ...
... This Article serves to better expose the basic architecture of doctrine by identifying the role of foundational facts. It argues that the interplay between foundational facts and doctrinal change gives us a new meta-level approach to doctrinal analysis.10 In order to understand this new approach, we ...
Criminal Law—The Sixth Amendment Right to Counsel—The
... also introduced over forty exhibits that described or explained Nixon's behavioral problems. 40 The prosecution presented little evidence to contradict Corin's argument. 4 ' Nevertheless, the jury recommended a sentence of death, which was imposed by the trial court.42 On direct appeal, Nixon argued ...
... also introduced over forty exhibits that described or explained Nixon's behavioral problems. 40 The prosecution presented little evidence to contradict Corin's argument. 4 ' Nevertheless, the jury recommended a sentence of death, which was imposed by the trial court.42 On direct appeal, Nixon argued ...
Racial Picketing Protesting Discriminatory Employment Practices
... 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 vague language of the Convention and remain unanswered. For example, a question exists as ...
... 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 vague language of the Convention and remain unanswered. For example, a question exists as ...
Judiciary
... another party. Criminal contempt is obstructing the administration of justice or bringing the court into disrespect. IV. The Supreme Court at Work The Supreme Court begins the first Monday in October and usually adjourns in late June. The nine justices must decide which cases to accept during the te ...
... another party. Criminal contempt is obstructing the administration of justice or bringing the court into disrespect. IV. The Supreme Court at Work The Supreme Court begins the first Monday in October and usually adjourns in late June. The nine justices must decide which cases to accept during the te ...