Judicial Activism: The Indian Experience
... When a judge interprets a constitution, which is an organic law, the scope of choice is much wider. A constitution often contains open textured and conceptual expressions. A court giving meaning to expressions such as “equality before the law and equal protection of law,” “freedom of speech and expr ...
... When a judge interprets a constitution, which is an organic law, the scope of choice is much wider. A constitution often contains open textured and conceptual expressions. A court giving meaning to expressions such as “equality before the law and equal protection of law,” “freedom of speech and expr ...
State v. Robinson: Free Speech, Or Itchin` for a Fight?
... speech uttered in Robinson was fighting words not protected by the First Amendment. Part II outlines the history of the First Amendment and the fighting words doctrine. It also discusses the application of fighting words to law enforcement officers in both federal and state courts. Part III discusse ...
... speech uttered in Robinson was fighting words not protected by the First Amendment. Part II outlines the history of the First Amendment and the fighting words doctrine. It also discusses the application of fighting words to law enforcement officers in both federal and state courts. Part III discusse ...
Constitutional Incorporation - DigitalCommons@UM Carey Law
... constitutional theory, these two lines of inquiry intersect. One’s views about who should decide constitutional meaning logically influence an understanding of how the interpretive process should be undertaken. So too, a commitment to a particular interpretive approach implies a related set of ideas ...
... constitutional theory, these two lines of inquiry intersect. One’s views about who should decide constitutional meaning logically influence an understanding of how the interpretive process should be undertaken. So too, a commitment to a particular interpretive approach implies a related set of ideas ...
Judicial Review and Its Politicization in Central America: Guatemala
... use of intimidation and corruption to undermine the independence of the judiciary.2 ° Much of the human rights focus has been on the investigation, prosecution and trial of violators in the courts of first instance, while less attention has been given to the functioning of the higher courts exercisi ...
... use of intimidation and corruption to undermine the independence of the judiciary.2 ° Much of the human rights focus has been on the investigation, prosecution and trial of violators in the courts of first instance, while less attention has been given to the functioning of the higher courts exercisi ...
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 ...
Scoring Key, Part I and Rating Guide Part II - Thematic
... of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the two-party system was emerging. In 1801, Secretary of State Madis ...
... of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the two-party system was emerging. In 1801, Secretary of State Madis ...
Mr. Justice Frankfurter: Judgment and the Fourteenth Amendment
... Brandeis's insistence on fidelity to jurisdictional limitations was partly a method for keeping lesser judges within the realms of competence from which he, Holmes and Cardozo so seldom strayed. But the insistence was also, as Frankfurter has noted, something more. "In view of our federalism and the ...
... Brandeis's insistence on fidelity to jurisdictional limitations was partly a method for keeping lesser judges within the realms of competence from which he, Holmes and Cardozo so seldom strayed. But the insistence was also, as Frankfurter has noted, something more. "In view of our federalism and 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 ...
The Second Death of Substantive Due Process
... its prior decisions, to accept the challenger's claim that the prohibited sexual conduct was constitutionally protected. Deviating sharply from the Court's own precedents, Bowers necessarily works to undercut the theoretical underpinnings of the modern Court's substantive due process doctrine. Shorn ...
... its prior decisions, to accept the challenger's claim that the prohibited sexual conduct was constitutionally protected. Deviating sharply from the Court's own precedents, Bowers necessarily works to undercut the theoretical underpinnings of the modern Court's substantive due process doctrine. Shorn ...
Purposes and Responsibilities of Courts
... daily basis? Does it mean treating all parties the same? Or, does it mean respecting that each person’s and party’s circumstance is unique, and thus, “doing individual justice” actually requires our courts to “to walk in party’s shoes”- treating each individual party differently given they each have ...
... daily basis? Does it mean treating all parties the same? Or, does it mean respecting that each person’s and party’s circumstance is unique, and thus, “doing individual justice” actually requires our courts to “to walk in party’s shoes”- treating each individual party differently given they each have ...
Town of Greece v. Galloway: The Establishment Clause and the
... Twelve years after Lemon, the Court confronted for the first time the constitutionality of legislative prayer. Marsh v. Chambers was a challenge to the Nebraska legislature’s practice of having a paid chaplain (in this case, a Presbyterian) deliver prayers at legislative sessions, a practice that ev ...
... Twelve years after Lemon, the Court confronted for the first time the constitutionality of legislative prayer. Marsh v. Chambers was a challenge to the Nebraska legislature’s practice of having a paid chaplain (in this case, a Presbyterian) deliver prayers at legislative sessions, a practice that ev ...
The Hughes Court and Radical Political Dissent
... argued that the principle was clear: “Public policy, that is to say, legislative considerations, are at the bottom of the matter; the considerations being . . . the nearness of the danger, the greatness of the harm, and the degree of apprehension felt.”6 As a judge on the Massachusetts Supreme Judic ...
... argued that the principle was clear: “Public policy, that is to say, legislative considerations, are at the bottom of the matter; the considerations being . . . the nearness of the danger, the greatness of the harm, and the degree of apprehension felt.”6 As a judge on the Massachusetts Supreme Judic ...
Landmark Decisions Of The U.S. Supreme Court
... the Taft-‐Hartley Act to prevent the union from striking. The administration rejected that option, however, both from a distaste for the act, which had been passed over Truman's veto five years earlier, ...
... the Taft-‐Hartley Act to prevent the union from striking. The administration rejected that option, however, both from a distaste for the act, which had been passed over Truman's veto five years earlier, ...
The Rise and Fall of Judicial Self-Restraint
... either; they were, as we’ll see, loose constructionists. And they were not necessarily modest. Their emphasis was not on the inability of judges to understand difficult cases and devise effective remedies, but on the legislature’s superior competence, in the sense either of legitimacy or of ability, ...
... either; they were, as we’ll see, loose constructionists. And they were not necessarily modest. Their emphasis was not on the inability of judges to understand difficult cases and devise effective remedies, but on the legislature’s superior competence, in the sense either of legitimacy or of ability, ...
Interpreting the Illinois Constitution: Illinois Supreme Court Plays
... under the fifth amendment, a criminal defendant's silence could not be commented on at a federal trial, the court refused to hold a state's practice of permitting such comments unconstitutional under the fourteenth amendment); Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (federal courts in dive ...
... under the fifth amendment, a criminal defendant's silence could not be commented on at a federal trial, the court refused to hold a state's practice of permitting such comments unconstitutional under the fourteenth amendment); Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (federal courts in dive ...
Substantive Due Process After Gonzales v. Carhart
... liberty of all, not to mandate our own moral code."' 6 The Gonzales Court appears to disagree with Justice Ginsburg that it is the Supreme Court's obligation to define the liberty of all. Justice Ginsburg also cites Lawrence as saying that "[f]or many persons [objections to homosexual conduct] are n ...
... liberty of all, not to mandate our own moral code."' 6 The Gonzales Court appears to disagree with Justice Ginsburg that it is the Supreme Court's obligation to define the liberty of all. Justice Ginsburg also cites Lawrence as saying that "[f]or many persons [objections to homosexual conduct] are n ...
Appendix - Annenberg Classroom
... This annotated list provides citations and brief descriptions of important Supreme Court decisions, presented in an A–Z format. Most of the cases are related in some way to the topics and cases treated in the chapters of this book. In addition, this list includes every case—except those already emph ...
... This annotated list provides citations and brief descriptions of important Supreme Court decisions, presented in an A–Z format. Most of the cases are related in some way to the topics and cases treated in the chapters of this book. In addition, this list includes every case—except those already emph ...
the americanization of constitutional law and its
... follows: the American constitutional model has spread throughout the world in the last fifty years and has come to dominate the political systems of countries in Europe, Latin America, Asia, and Africa. Yet on the domestic level it has never been subject to such intense questioning as it is now. The ...
... follows: the American constitutional model has spread throughout the world in the last fifty years and has come to dominate the political systems of countries in Europe, Latin America, Asia, and Africa. Yet on the domestic level it has never been subject to such intense questioning as it is now. The ...
Takings, Substantive Due Process, and Regulatory Takings Doctrines
... more closely (i.e., giving less deference to legislative judgments) when the claim speaks to a fundamental right guaranteed by the constitution (e.g., a regulation that allegedly suppresses political speech or that was motivated by racial discrimination). Conversely, it scrutinizes a governmental ac ...
... more closely (i.e., giving less deference to legislative judgments) when the claim speaks to a fundamental right guaranteed by the constitution (e.g., a regulation that allegedly suppresses political speech or that was motivated by racial discrimination). Conversely, it scrutinizes a governmental ac ...
Free Speech in a Commercial World: The Nike Paradox
... activity or is misleading. If so, then the speech is not protected by the First Amendment. If the speech concerns lawful activity and is not misleading,” then the Court inquires “‘whether the asserted governmental interest is substantial.’ If it is, then the Court ‘determine[s] whether the regulatio ...
... activity or is misleading. If so, then the speech is not protected by the First Amendment. If the speech concerns lawful activity and is not misleading,” then the Court inquires “‘whether the asserted governmental interest is substantial.’ If it is, then the Court ‘determine[s] whether the regulatio ...
The Art, Craft, and Future of Legal Journalism
... While Lewis laid the blueprint for modern legal coverage with every byline, he went beyond daily coverage and used a four-month newspaper strike in the winter of 1962 to write what would become the classic work of the genre, Gideon’s Trumpet,23 which told the struggle of a poor drifter’s fight to ge ...
... While Lewis laid the blueprint for modern legal coverage with every byline, he went beyond daily coverage and used a four-month newspaper strike in the winter of 1962 to write what would become the classic work of the genre, Gideon’s Trumpet,23 which told the struggle of a poor drifter’s fight to ge ...
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 ...
Midnight Appointment Case
... 4. Resort to the deliberations of the Constitutional Commission is superfluous, and is powerless to vary the terms of the clear prohibition. 5. The Court has given too much credit to the position taken by Justice Regalado. Thereby, the Court has raised the Constitution to the level of a venerated t ...
... 4. Resort to the deliberations of the Constitutional Commission is superfluous, and is powerless to vary the terms of the clear prohibition. 5. The Court has given too much credit to the position taken by Justice Regalado. Thereby, the Court has raised the Constitution to the level of a venerated t ...
State Constitutional Protection for Defendants in Criminal Prosecutions
... consider it. On the other hand, if the state decision gave the defendant more protection under the state constitution than provided by the federal constitution, the matter was not reviewable. Ultimately, the United States Supreme Court in Michigan v. Long18 made clear that it will not review cases w ...
... consider it. On the other hand, if the state decision gave the defendant more protection under the state constitution than provided by the federal constitution, the matter was not reviewable. Ultimately, the United States Supreme Court in Michigan v. Long18 made clear that it will not review cases w ...
Supreme Court of Pakistan
The Supreme Court of Pakistan (SC) (Urdu: عدالت عظمیٰ پاکستان; Adālat-e-Uzma Pākistān) is the apex court in the judicial hierarchy of Pakistan, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It also has a number of Branch Registries where cases are heard. The court has a number of de jure powers, outlined in the Constitution. Through several periods of military rule and constitutional suspensions (see Doctrine of necessity), the court has also established itself as a de facto check on military power.It has the appellate jurisdiction over all high courts (including provincial high courts, district courts, and special courts) and federal courts, as well as original jurisdiction over a few types of cases. The Supreme Court is made up of a chief justice and a number of senior justices who are nominated by the President after consulting the Prime minister. Once appointed justices are expected to complete a designated term and then retire, unless they are removed by the Supreme Judicial Council after receiving a presidential reference regarding misconduct of judge(s).