Hawaii Supreme Court Trivia Set 2

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"There is no surer way to misread any document than to read it literally."

Archibald Cox, Judge Learned Hand and the Interpretation of Statutes, 60 Harv. L. Rev. (19470)

A work that disputes the argument presented in Felix Frankfurter, Mr. Justice Roberts, 104 U. Pa. L. Rev. (1955)

Ariens, A Thrice-Told Tale, or Felix the Cat, 107 Harv. L. Rev. (1994)

"Equality consists in the same treatment of similar persons."

Aristole, The Politics

Concluding that petitioner lacked state taxpayer standing to raise an Establishment Clause challenge to a state law providing tax credits for contributions to school tuition organizations providing scholarships to private religious schools

Arizona Christian School Tuition Org. v. Winn, 563 US 125 (2011) (Justice Kennedy Opinion Conclusion)

Vacating the judgment and remanding the case for reconsideration in light of Arizona v. Dean

Arizona v. Gant, 540 U.S. 963 (2003) Result

Concluding that the State Supreme Court violated Whren v. United States and erred by taking into account an officer's subjective motivation or potential ulterior motives in its probable cause Fourth Amendment analysis instead of focusing on whether there was probable cause to justify the officer's arrest and search

Arkansas v. Sullivan, 532 US 769 (2001)

Concluding that an application for state postconviction relief containing claims that are procedurally barred is "properly filed" within the meaning of 28 U. S. C. §2244(d)(2) which provides that "[t]he time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection."

Artuz v. Bennett, 531 US 4 (2000) Holding

That the circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein.

1789 Judiciary Act §11

That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state, and the matter in dispute exceeds the aforesaid sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court; and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial into the next circuit court, to be held in the district where the suit is pending, or if in the district of Maine to the district court next to be holden therein, or if in Kentucky district to the district court next to be holden therein, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause, and any bail that may have been originally taken shall be discharged, and the said copies being entered as aforesaid, in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit commenced. And if in any action commenced in a state court, the title of land be concerned, and the parties are citizens of the same state, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court and make affidavit if they require it, that he claims and shall rely upon a right or title to the land, under a grant from a state other than that in which the suit is pending, and produce the original grant or an exemplification of it, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court, whether he claims a right or title to the land under a grant from the state in which the suit is pending; the said adverse [party] shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial, and if he informs that he does claim under such grant, the party claiming under the grant first mentioned may then, on motion, remove the cause for trial to the next circuit court to be holden in such district, or if in the district of Maine, to the court next to be holden therein; or if in Kentucky district, to the district court next to be holden therein; but if he is the defendant, shall do it under the same regulations as in the before-mentioned case of the removal of a cause into such court by an alien; and neither party removing the cause, shall be allowed to plead or give evidence of any other title than that by him stated as aforesaid, as the ground of his claim; and the trial of issues in fact in the circuit courts shall, in all suits, except those of equity, and of admiralty, and maritime jurisdiction, be by jury.

1789 Judiciary Act §12

That the district courts shall have, exclusively of the courts of the several States, cognizance of all crimes and offences that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several States, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States.

1789 Judiciary Act §9

"The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection."

28 U. S. C. § 2244(d)(2)

"The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States."

28 U.S. Code § 2254(a)

"An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State."

28 U.S. Code § 2254(b)(1)(A)

"An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that there is an absence of available State corrective process."

28 U.S. Code § 2254(b)(B)(i)

"The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court."

28 U.S.C § 1291

"The courts of appeals shall have jurisdiction of appeals from interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court."

28 U.S.C § 1291(a)(1)

Jeremy Bentham

A Comment on the Commentaries: A Criticism of William Blackstone's Commentaries on the Laws of England (1776)

William Popkin

A Dictionary of Statutory Interpretation Author

Samuel Williston

A Treatise on the Law of Contracts Author

Form U4

A broker-dealer must create and implement written procedures to verify the accuracy and completeness of the information contained in this item no later than thirty days after the item is filed with FINRA

Customer Investment Objectives

A broker-dealer's obligation to monitor changes in customer account information extends to this item

Customer Name

A broker-dealer's obligation to monitor changes in customer account information extends to this item

Selvfolgelig

A claimant may be able to bring an intentional infliction of emotional distress claim if someone engaged in extreme and outrageous conduct intentionally or recklessly that causes severe emotional distress. (Please answer in Danish)

Selvfolgelig Ikke

A corporation can never have the option of selling all or part of its authorized stock. (Please answer in Norwegian)

Concluding that the execution of mentally disabled individuals violates the Eighth Amendment's prohibition against "cruel and unusual punishments"

Atkins v. Virginia, 536 US 304 (2002) Holding

Concluding that the general rule from Montana v. United States, 450 U. S. 544 (1981), which dictates that with limited exceptions, Indian tribes lack civil authority over the conduct of nonmembers on non-Indian fee land within a reservation applies to tribal attempts to tax nonmember activity occurring on non-Indian fee land

Atkinson Trading Co. v. Shirley, 532 US 645 (2001) Holding

Statuta suo clauduntur territorio, nec ultra territorium disponunt

A statute presumptively has no extraterritorial application

Redish, Federal Judicial Independence: Constitutional and Political Perspectives, 46 Mercer L. Rev. (1995)

A work that argues that Congress cannot dictate the outcome in a case without changing the applicable law because otherwise it would (1) go beyond its legislative function of laying down general rules for which it must accept political responsibility and (2) intrude on the judicial function of deciding individual cases

Clinton, Marbury v. Madison and Judicial Review (1989)

A work that argues that John Marshall's opinion in Marbury v Madison was free of political motivation

Pfander, Marbury, Original Jurisdiction, and the Supreme Court's Revisory Powers, 101 Colum. L. Rev. (2001)

A work that argues that John Marshall's opinion in Marbury v Madison was motivated by political considerations

Douglas, The Rhetorical Uses of Marbury v. Madison: The Emergence of a Great Case, 38 Wake forest L. Rev. (2003)

A work that argues that SCOTUS never cited Marbury for the principle of judicial review between 1803 and 1887 and that Marbury became great because proponents of an expansive doctrine of judicial review needed it to assume greatness

Gans, Strategic Facial Challenges, 85 B.U. L. Rev. (2005)

A work that argues that SCOTUS permits facial challenges on a strategic basis when the costs of remitting challengers to as-applied adjudication would be too great

Fallon, As-Applied and Facial Challenges and Third-Party Standing, 113 Harv. L. Rev. (2000)

A work that argues that SCOTUS' refusal to adjudicate facial challenges involves an implicit assumption that statutory rules are reducible to subrules

Bloch, The Marbury Mystery: Why Did William Marbury Sue in the Supreme Court?, 18 Const. Comm. (2002)

A work that argues that William Marbury elected not to file his case in Circuit Court to to permit John Marshall to issue the precise rulings about Supreme Court jurisdiction and judicial review for which Marbury v. Madison is famous.

Fama, Efficient Capital Markets: A Review of Theory and Empirical Work, 25 J. Fin. (1970)

A work that argues that an efficient market is one in which security prices always fully reflect available information

Eva Saks, Representing Miscegenation Law, 8 Raritan (1998)

A work that argues that being regarded as Caucasian decreased in value as a form of property once slavery ended

Cheryl Harris, Whiteness as Property, 106 Harv. L. Rev. (1993)

A work that argues that being regarded as Caucasian is a form of property

De Long, Sheleifer, Summers, and Waldmann, Noise Trader Risk in Financial Markets, 98 J. Pol. Econ. (1990)

A work that argues that closed end fund discounts cannot be explained in terms of fundamental value factors, despite attempts to account for them in terms of the agency costs of fund management or in terms of tax liabilities

Coffee, Class Wars: The Dilemma of the Mass Tort Class Action, 95 Colum. L. Rev. (1995)

A work that argues that corporate defendants often preferred to be sued in class actions to establish an upper limit on liability, accommodate plaintiffs' attorneys to arrange for such suits to be filed, and settle the matters on favorable terms.

Hartnett, Modest Hope for a Modest Roberts Court: Deference, Facial Challenges, and the Comparative Competence of Courts, 59 S.M.U. L. Rev. (2006)

A work that argues that courts should prefer as-applied challenges to facial challenges

Alan Freeman, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court doctrine, 62 Minn. L. Rev. (1978)

A work that argues that discrimination statutes take the perspective of the perpetrator

Woolhandler and Nelson, Does History Defeat Standing Doctrine, 102 Mich. L. Rev. (2004)

A work that argues that early American courts determined proper parties by distinguishing "public rights" from "private rights" but did not speak in the terms employed by modern standing doctrine.

Neuborne, The Myth of Parity, 90 Harv. L. Rev. 1105 (1977)

A work that argues that federal judges are "as insulated from majoritarian pressures as is functionally possible" but that state judges "generally are elected for a fixed term, rendering them vulnerable to majoritarian pressure when deciding constitutional cases"

Redish, The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory (1991)

A work that argues that federal judicial jurisdiction is mandatory and that failure to exercise conferred jurisdiction is an illegitimate usurpation of Congress' lawmaking power

Thaler, Anomalies: Weekend, Holiday, Turn of the Month and Intraday Effects, 1 J. Econ. Perspectives (1987)

A work that argues that higher abnormal rates of return among smaller corporations are tied to the 'January Effect.'

Mashaw, Improving the Environment of Agency Rulemaking: An Essay on Management, Games, and Accountability, 57 Law & Contemp. Probs. (1994)

A work that argues that in suits by regulated parties, Abbott Labs v Gardner, 387 U.S. 158 (1967) has made pre-enforcement review of administrative regulations the norm.

Sabel and Simon, Destabilization Rights: How Public Law Litigation Succeeds, 117 Harv. L. Rev. (2004)

A work that argues that institutional reform remedies have become more successful as they have moved from "command-and-control injunctive regulation toward experimentalist intervention" that combines "more flexible and provisional norms with procedures for ongoing stakeholder participation and measured accountability."

Fallon, Marbury and the Constitutional Mind: A Bicentennial Essay on the Wages of Doctrinal tension, 91 Cal. L. Rev. (2003)

A work that argues that it is ironic that Marbury holds that some issues are outside the bounds of permissible political decision-making but is itself a political decision.

Bilder, The Corporate Origins of Judicial Review, 116 Yale L.J. 502 (2006)

A work that argues that judicial review originated in the common law practice of invalidating corporate charters that were repugnant to the law of nations

Monaghan, Third Party Standing, 84 Colum. L. Rev. (1984)

A work that argues that many of the cases viewed by SCOTUS as involving assertions of third-party rights would be better conceptualized as presenting first party claims

Sedler, The Assertion of Constitutional Jus Tertii: A substantive Approach, 70 Cal. L. Rev. (1982)

A work that argues that many of the cases viewed by SCOTUS as involving assertions of third-party rights would be better conceptualized as presenting first party claims

Pushaw, Justiciability and Separation of Powers: A Neo-Federalist Approach, 81 Cornell L. Rev. (1996)

A work that argues that modern justiciability doctrines stem largely from the inventions of Justice Frankfurter, who relied on flimsy historical evidence in claiming that original constitutional understandings sharply limited judicial interference with the political branches

Note, 69 Colum. L. Rev. (1969)

A work that argues that parties whose speech might be chilled by a statute subject to a facial attack will likely be aware of a narrowing construction

Note, The First Amendment Overbreadth Doctrine, 83 Harv. L. Rev. (1970)

A work that argues that parties whose speech might be chilled by a statute subject to a facial attack will likely be aware of a narrowing construction

Redish, The Warren Court, The Burger Court, and the First amendment Overbradth Doctrine, 78 Nw. L. Rev. (1983)

A work that argues that parties whose speech might be chilled by a statute subject to a facial attack will not likely be aware of a narrowing construction

Snowiss, Judicial Review and the Law of the Constitution (1990)

A work that argues that present conventional wisdom may reflect an ahistorical understanding of Marbury and the intellectual and legal context that preceded it

Wood, The Origins of Judicial Review Revisited, or how the Marshall Court Made More Out of Less, 56 Wash. & Lee L. Rev. (1999)

A work that argues that present conventional wisdom may reflect an ahistorical understanding of Marbury and the intellectual and legal context that preceded it

David Strauss, The Myth of Colorblindness, 1986 Sup. Ct. Rev. 99

A work that argues that prohibition of accurate racial stereotypes in equality law proves that race-consciousness, not colorblindness, is the real rule in equality cases

Nelson, Adjudication in the Political Branches, 107 Colum. L. Rev. (2007)

A work that argues that public rights such as the right to unobstructed use of navigable waterways were "held in common by the public at large" and "belonged to the body politic."

Craig, Will Separation of Powers Challenges Take Care of Environmental Citizens Suits? Article II, Injury-in-Fact, Private Enforcers, and Lessons from Qui Tam Litigation, 72 U. Colo. L. Rev. (2001)

A work that argues that qui tam actions do not violate Article II

Shane, Returning Separation of Powers Analysis to Its Normative Roots: The Constitutionality of Qui Tam Actions and Other Private Suits to Enforce Civil Fines, 30 Envtl. L. Rep. (2000)

A work that argues that qui tam actions do not violate Article II

Farber, A Place-Based Theory of Standing, 55 UCLA L. Rev. (2008)

A work that argues that rapid growth in scientific ability to detect harm and identify its source will make it increasingly difficult to dismiss environmental injuries as too insignificant to confer standing

Gilson and Kraakman, The Mechanisms of Market Efficiency, 70 Va. L. Rev. (1984)

A work that argues that securities markets have varying degrees of efficiency in reflecting information in price depending on differences in the cost of discovery and the absorption speed of different kinds of information

Symposium, 12 J. Fin. Econ. (1983)

A work that argues that smaller corporations tend to have high abnormal rates of return

Stearsn, Standing Back from the Forest: Justiciability and Social Choice, 83 Cal. L. Rev. (1995)

A work that argues that standing doctrine is needed to alter the path dependency of legal doctrine to prevent ideological litigants from manipulating the order in which cases are presented for consideration.

Isserles, Overcoming Overbreadth: Facial Challenges and the Valid Rule Requirement, 48 Am. U. L. Rev. (1998)

A work that argues that statutes may be subject to facial challenge either on the grounds that an otherwise valid rule of law would have too many unconstitutional applications or that the statute possess some defect other than overbreadth that renders it invalid in all its applications

Fama, The Behavior of Stock Market Prices, 38 J. Bus. 34 (1965)

A work that argues that technical strategies do not yield systematic profits and that on any given day the price of a stock is as likely to rise after a previous day's increase as after a previous day's decline

Prakash and Yoo, The Origins of Judicial Review, 70 U. Chi. L. Rev. (2003)

A work that argues that the Constitution's text, structure, and history all support the practice of judicial review

Amar, Some Opinions on the Opinion Clause, 82 Va. L. Rev. (1996)

A work that argues that the Opinion Clause distinguishes POTUS from the Crown by precluding the former from treating the other branches as her or his subordinates

Paulsen, The Most Dangerous Branch: Executive Power To Say What the Law Is, 83 Geo. L.J. (1994)

A work that argues that the Take Care Clause provides the President with significant authority to oversee the Executive Branch's legal interpretations.

Clanton, Standing and the English Prerogative Writs: The Original Understanding, 63 Brook. L. Rev. (1997)

A work that argues that the actual practice of the courts at Westminster offers only scant evidence to support the proposition that parties without any personal interest could bring prerogative writs.

Kelley, Avoiding Constitutional Questions as a Three-Branch Problem, 86 Cornell L. Rev. (2001)

A work that argues that the avoidance canon has slide from what might be termed an "unconstitutionality" to a "doubts" canon of statutory interpretation

Nagle, Delaware & Hudson Revisited, 72 Notre Dame L. Rev. (1997)

A work that argues that the avoidance canon has slide from what might be termed an "unconstitutionality" to a "doubts" canon of statutory interpretation

Vermeule, Saving Constructions, 85 Geo L. J. (1997)

A work that argues that the avoidance canon has slide from what might be termed an "unconstitutionality" to a "doubts" canon of statutory interpretation

Hamermesh and Wachter, The Short Puzzling Life of the Implicit Minority Discount in Delaware Appraisal Law, 155 U. Pa. L. Rev. (2007)

A work that argues that the closed end fund discount does not differ from any other management related factor that has the effect of depressing the firm's value

Casto, The Early Supreme Court Justices' Most Significant Opinion, 20 Ohio Northern U. L. Rev. (2002)

A work that argues that the early Justices believed that they had the discretionary power to provide advisory opinions for the executive branch but were not required to.

Cass Sunstein, The Anti-Caste Principle, 92 Mich. L. Rev. (1994)

A work that argues that the first justice Harlan's Plessy dissent is regarded as the cornerstone of thought on legal equality in the United States

Charles and Barbra Whalen, The Longest Debate: A Legislative history of the 1964 Civil Rights Act (1985)

A work that argues that the insertion of sex discrimination provisions in the 1964 Civil Rights Act was a racist joke to defeat the bill that backfired

Amar, Marbury, Section 13, and the Original Jurisdiction of the Supreme Court, 56 U. Chi. L. Rev. (1989)

A work that argues that the mandamus clause in the 1789 Judiciary Act is best read as giving the Court remedial authority for both original and appellate cases after jurisdiction has been independently established

Beverley Baines and Ruth Rubio-Marin, The Gender of Constitutional Jurisprudence (2006)

A work that argues that the meaningfulness of sex equality guarantees vary dramatically with observance ranging from obvious to anathema

Eskridge and Frickey, Quasi-Constitutional Law: Clear Statement Rules as Constitutional Lawmaking, 45 Vand. L. Rev. (1992)

A work that argues that the modern avoidance canon represents a "resistance norm" or an interpretive device that implements the Constitution by erecting a constitutional obstacle to legislation that presses close to the border of actual unconstitutionality

Stephenson, The Price of Public Action: Constitutional Doctrine and the Judicial Manipulation of Enactment Costs, 118 Yale L.J. (2008)

Sunstein, Interpreting Statutes in the Regulatory State, 103 Harv. L. Rev. (1989)

Young, Constitutional Avoidance, Resistance Norms, and the Preservation of Judicial Review, 78 Tex. L. Rev. (2000)

Bloch, The Early Role of the Attorney General in Our Constitutional Scheme: In the Beginning There Was Pragmatism, 1989 Duke L.J. 561

A work that argues that the result in Hayburn's Case turns on the lack of statutory authorization for the AG to sue

Marcus and Teir, Hayburn's Case: A Misinterpretation of Precedent, 1988 Wis. L. Rev. 527

A work that argues that the result in Hayburn's Case turns on the lack of statutory authorization for the AG to sue

Scalia, The Doctrine of Standing as an Element of the Separation of Powers, 17 Suffolk U.L. Rev. (1983)

A work that argues that the separation of powers doctrine can be violated by statutes that authorize private standing to compel enforcement actions by the executive

Ruth Ginsburg, Speaking in a Judicial Voice, 67 N.Y.U. L. Rev. (1992)

A work that argues that the spirit of the founding included opposition to patriarchy as a form of authority predicated on condition of birth and, extends this concept to institutionalized male dominance.

Seyhun, Insiders' Profits, Costs of Trading and Market Efficiency, 16 J. Fin. Econ. (1986)

A work that argues that the strong version of the EMF is contradicted by the fact that insider traders can earn extranormal trading profits

Jaffe, Standing to Secure Judicial Review: Public Actions, 74 Harv. L. Rev. (1961)

A work that argues that there is overt authority for the proposition that private individuals without a specific injury could request a writ of prohibition in cases before the Court of King's Bench.

Hamburger, Law and Judicial Duty (2008)

A work that argues that what we think of as judicial review was simply an aspect of amore general common law judicial duty to decide in accordance with the law of the land and to respect the hierarchical character of law by treating inferior law as void when it conflicted with superior law

Fallon and Meltzer, New Law, Non-Retroactivity, and Constitutional Remedies, 104 Harv. L. Rev. (1991)

A work that argues that, when it comes to Teague v Lane, 489 U.S. 288 (1989), many nonretroactivity issues should be analyzed as involving the necessity or appropriateness of particular judicial remedies for constitutional violations

Stewart, The Reformation of American Administrative Law, 88 Harv. L. Rev. (1975)

A work that can be cited for the proposition that, traditionally, most litigant asserted legal interests recognized at common law. Here, even in suits raising constitutional questions, the complaint would generally allege that official action invaded a legal interest protected at common law and that any official authorization was unconstitutional. The result is that an official would be liable like a private tortfeasor for the invasion of the protected interest.

Sunstein, Informational Regulation and Informational Standing: Akins and Beyond, 147 U. Pa. L. Rev. (1999)

A work that catalogs contexts in which federal statutes rely on information disclosure to confer standing

Treanor, Judicial Review Before Marbury, 58 Stan. L. Rev. (2005)

A work that concludes that judicial review was exercised by state and federal courts in more than thirty cases before Marbury

Bhagwat, Injury Without Harm: Texas v. Lesage and the Strange World of Article III Injuries, 28 Hastings Const. L.Q. (2001)

A work that contrasts the Court's position on standing in Northeastern Florida Chapter of the Associated General Contractors of America v City of Jacksonville, 508 U.S. 656 (1993) with Texas v Lesage, 528 U.S. 18 (1999).

Thomas Cobb, An Inquiry into the Law of Negro Slavery in the United States (1858)

A work that covers U.S. slave law

Herz, United States v. United States: When Can the Federal Government Sue Itself?, 32 Wm. & Mary L. Rev. (1991)

A work that covers justicable actions between an independent agency, whose principal officers are insulated by statute from presidential removal, and executive agencies, whose officers POTUS may remove at will

Healy, The Rise of Unnecessary Constitutional Rulings, 83 N.C. L. Rev. (2005)

A work that covers the "last resort" rule

Kamin, An Article III Defense of Merits-First Decision-Making in civil Rights Litigation: The continued Viability of Saucier v. Katz, 16 Geo. Mason L. Rev. (2008)

A work that covers the "last resort" rule

Katyal, Judges as Advicegivers, 50 Stan. L. Rev. (1998)

A work that covers the "last resort" rule

Kloppenberg, Avoiding Constitutional Questions, 35 B.C. L. Rev. (1994)

A work that covers the "last resort" rule

Greenstein, Bridging the Mootness Gap in Federal Court Class Actions, 35 Stan. L. Rev. (1983)

A work that criticizes SCOTUS' reliance on Fed. R. Civ. P. 23 in United States Parole Commission v. Geraghty, 445 U.S. (1980)

Gunther, Reflections on Robel, 20 Stan. L. Rev. (1968)

A work that criticizes overbreadth decisions for suggesting that less sweeping enactments would be valid without providing any guidance on how to draft the enactments

Frankfurter, Advisory Opinions, 1 Encyc. of the Social sciences 475 (1937)

A work that defends the prohibition against advisory opinions based on the policies implicit in Article III

Rhode, Class Conflicts in Class Actions, 34 Stan. L. Rev. (1982)

A work that discusses how to increase counsel accountability to a class in plaintiff class actions seeking structural reforms in public and private institutions

William Goodell, The American Slave Code in Theory and Practice (1853)

A work that discusses legal prohibitions on the education of African-Americans in South Carolina, Georgia, Virginia, North Carolina, Louisiana, Kentucky, and Maryland

Note, The Void-for-Vagueness Doctrine in the Supreme Court, 109 U. Pa. L. Rev. (1960)

A work that discusses the vagueness doctrine

Symposium: Void for Vagueness, 82 Cal. L. Rev. (1994)

A work that discusses the vagueness doctrine

Siegel, Zone of Interests, 92 Geo. L.J. (2004)

A work that discusses the zone of interests test

Brilmayer, The Jurisprudence of Article III: Perspectives on the Case or Controversy Requirement, 93 Harv. L. Rev. (1979)

A work that discusses whether the injury-in-fact standing requirement is justified by assigning the right to sue to those most immediately affected by a government policy to ensure that their interests will be adequately represented

Liebman and Ryan, Some Effectual Power: The Quantity and Quality of Decision-making Required of Article III Courts, 98 Colum. L. Rev. (1998)

A work that disputes the claim offered in Fallon and Meltzer, New Law, Non-Retroactivity, and Constitutional Remedies, 104 Harv. L. Rev. (1991)

Roosevelt, A Little Theory is a Dangerous thing: The Myth of Adjudicative Retroactivity, 31 Conn. L. Rev. (1999)

A work that disputes the claim offered in Fallon and Meltzer, New Law, Non-Retroactivity, and Constitutional Remedies, 104 Harv. L. Rev. (1991)

Casto, The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth (1995)

A work that documents Chief Justice Jay's provision of advisory opinions on the Jay Treaty and the legality of the Sedition Act

Charles Lofgren, The Plessy Case: A Legal-Historical Interpretation (1987)

A work that documents Homer Plessy's phenotypic appearance

Warren, Legislative and Judicial Attacks on the Supreme Court of the United States - A History of the Twenty-Fifth Section of the Judiciary Act, 47 Am. L. Rev. 1 (1913)

A work that documents antebellum state challenges to SCOTUS' power to review state court decisions

Merrill Jensen, The New Nation: A History of the United States During the Articles of Confederation 1781-1789 (1950)

A work that documents economic growth from the end of the American Revolution to the ratification of the Constitution

Louise Newman, White Women's rights: The Racial Origins of Feminism in the United States (1999)

A work that documents feminist abolitionists' opposition to the Fourteenth Amendment on the grounds that the document introduced the word 'male' into the U.S. Constitution for the first time

Berger, Standing to Sue in Public Actions: Is It A Constitutional Requirement?, 78 Yale L.J. (1969)

A work that documents found-era practices permitting private litigants with no personalized injury to file various prerogative writs to test the legality of the exercise of public authority.

Fuller, The Forms and Limits of Adjudication, 92 Harv. L. Rev. (1978)

A work that documents that adjudication is not well adapted to resolve polycentric disputes

Be Vier, Intersection and Divergence: Some Reflections on the Warren Court, Civil Rights, and the First Amendment, 59 Wash. & Lee L. Rev. (2002)

A work that documents the Warren Court's invalidation of a large number of statutes regulating speech and expression under the void for vagueness doctrine

Currie, The Constitution in the Supreme Court: The Powers of the Federal Courts, 1801-1835, 49 U. Chi. L. Rev. (1982)

A work that documents the assertion of the power of judicial review in Cooper v Telfair, Ware v Hylton, Hylton v United States, Chisholm v Georgia, and Calder v Bull.

Gabriel Chin, The Plessy Myth: Justice Harlan and the Chinese Cases, 82 Iowa L. Rev. (1996)

A work that documents the first Justice Harlan's prejudice against Chinese Americans

Deborah Rhode, Justice and Gender (1989)

A work that documents the history of the failed ERA

Donald Mathews and Jane Sherron De Hart, Sex, Gender and the Politics of the ERA: A State and the Nation (1990)

A work that documents the history of the failed ERA

Janes Mansbridge, Why We Lost the ERA (1986)

A work that documents the history of the failed ERA

Aileen Kraditor, Ideas of the Women Suffrage Movement, 1890-1920 (1981)

A work that documents the history of the women's suffrage movement culminating in the 19th Amendment's ratification

Eleanor Flexner and Ellen Fitzpatrick, Century of Struggle: The Women's Rights Movement in the United States (1996)

A work that documents the history of the women's suffrage movement culminating in the 19th Amendment's ratification

Jo Freeman, How Sex Got into title VII: Persistent Opportunism as a Maker of Public Policy, 9 J.L. & Ineq. (1991)

A work that documents the insertion of sex discrimination provisions in the 1964 Civil Rights Act

Barbara Welke, When All the Women Were White and All the Blacks Were Men: Gender, Class, Race, and the Road to Plessy, 1855-1914, 13 L. & Hist. Rev. (1995)

A work that documents tort suits brought by Caucasian women seeking recovery for nervous shock, anguish, fear, and humiliation resulting from riding in facilities intended for African-Americans

J.M. Patell and M.A. Wolfson, The Intraday Speed of Adjustment of Stock Prices to Earnings and Dividend Announcements, Journal of Financial Economics 13 (June 1984)

A work that explores how fast stock prices move once new information becomes available

Cutler, Poterba, and Summers, What Moves Stock Prices? 15 J. Portfolio Management (1989)

A work that finds difficulty in "explaining as much as half the variance in aggregate stock prices on the basis of publicly available news bearing on fundamental values."

Jacobs and Levy, On the Value of Value, Fin. Analysts J. (1988)

A work that finds that values as developed by a dividend discount model is "but a small part of the security pricing story."

Note, 46 Harv. L. Rev. 677 (1933)

A work that identifies 15 instances over 70 years where Congress has refused to pay a judgment ordered by the Court of Claims

Nash, Standing and the Precautionary Principle, 108 Colum. L. Rev. (2008)

A work that interprets Massachusetts v. EPA as reflecting the idea that a lack of imminence and uncertainty about the realization of harm must be counterbalanced against the grave consequences of the alleged harm, if realized.

Corwin, The Establishment of Judicial Review, 9 Mich. L. Rev. (1910)

A work that offers a traditional account of the development of judicial review in which the distinction between fundamental and ordinary law is not emphasized

Vern Bullough, The Subordinated Sex: A History of Attitudes Towards women (1973)

A work that presents a social history of women's devaluation

Westin, Out of Court Commentary by United States Supreme Court Justices, 1790-1962: Of Free Speech and Judicial Lockjaw, 62 Colum. L. Rev. (1962)

A work that provides a comprehensive overview of occasions up to 1962 where individual Justices have engaged in extrajudicial expressions of their legal views

Paulsen, Marbury's Wrongness, 20 Const. Comm. (2003)

A work that provides a detailed critical review of John Marshall opinion in Marbury v. Madison and concludes that "just about everything in Marbury is wrong."

Andrew Cyory, Closing the Gate: Race, Politics, and the Chinese Exclusion Act (1998)

A work that provides a discussion of discrimination against Asian-Americans

Anthony Lehman, Birthright of Barbed Wire (1970)

A work that provides a discussion of discrimination against Asian-Americans

Charles McClain, In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America (1994)

A work that provides a discussion of discrimination against Asian-Americans

David Bernstein, Lochner, Parity, and the Chinese Laundry Cases, 41 Wm. & Mary L. Rev. (1999)

A work that provides a discussion of discrimination against Asian-Americans

Elmer Clarence Sandmeyer, The Anti-Chinese Movement in California (1939)

A work that provides a discussion of discrimination against Asian-Americans

Gary Okihiro, Whispered Silences: Japanese Americans and World War II (1996)

A work that provides a discussion of discrimination against Asian-Americans

Lucy Salyer, Laws Harsh as Tigers: Chinese Immigrants and the Shaping of Modern Immigration Law (1995)

A work that provides a discussion of discrimination against Asian-Americans

Roger Daniels, Prisoners Without trial: Japanese Americans in World War II (1993)

A work that provides a discussion of discrimination against Asian-Americans

Ronald Takaki, Strangers from a Different Shore: A History of Asian Americans (1998)

A work that provides a discussion of discrimination against Asian-Americans

Nagle, Severability, 72 N.C. L. Rev. (1993)

A work that provides a discussion of severability

Stern, Separability and Separability Clauses in the Supreme Court, 51 Harv. L. Rev. (1937)

A work that provides a discussion of severability

Nancy Cott, The Grounding of Modern Feminism (1987)

A work that provides a discussion of the ERA's historical context

Susan Becker, The Origin of the Equal Rights Amendment: American Feminism Between the Wars (1981)

A work that provides a discussion of the ERA's historical context

Chemerinsky, A Unified Approach to Justiciability, 22 Conn. L. Rev. (1990)

A work that provides a discussion of the relationship between the standing and mootness doctrines

Hershkoff, State Courts and the Passive Virtues: Rethinking the Judicial Function, 114 Harv. L. Rev. (2001)

A work that provides a favorable review of advisory opinion practice in Florida

Tushnet, Dual Office Holding and the Constitution: A view from Hayburn's Case in Origins of the Federal Judiciary

A work that provides a historical discussion of Hayburn's Case

Graber, James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25, 88 Or. L. Rev. 25 (2009)

A work that provides a history of congressional attempts to repeal §25 of the 1789 Judiciary Act

Peter Linzer, The Carolene Products Footnote and the Preferred Position of Individual Rights: Louis Lusky and John Hart Ely vs Harlan Fiske Stone in 12 Constitutional Commentary (1995)

A work that provides a history of scholarly views on footnote 4

Winter, The Metaphor of Standing and the Problem of Self-Governance, 40 Stan. L. Rev. (1988)

A work that provides a history of standing as a concept

Cowen, The United States Court of Claims: A History (1978)

A work that provides a history of the Court of Claims

Richardson, History, Jurisdiction and Practice of the Court of Claims (1885)

A work that provides a history of the Court of Claims

Symposium, Proceedings of the 15th Judicial Conference Celebrating the 20th Anniversary of the United States Court of Federal Claims, 71 Geo. L.J. (2003)

A work that provides a history of the Court of Claims

Everette Swinney, Suppressing the Ku Klux Klan: The Enforcement of the Reconstruction Amendments (1987)

A work that provides a history of the Reconstruction Amendments

Robert Kaczorowski, Federal Enforcement of Civil Rights During the First Reconstruction, 24 Fordham Urb. L.J. (1995)

A work that provides a history of the Reconstruction Amendments

Robert Weisbrot, Freedom Bound: A History of America's Civil Rights Movement (1990)

A work that provides a history of the U.S. Civil Rights Movement

Taylor Branch, Parting the Waters: America in the King Years, 1954-63 (1988)

A work that provides a history of the U.S. Civil Rights Movement

Taylor Branch, Pillar of Fire: America in the King Years, 1963-65 (1998)

A work that provides a history of the U.S. Civil Rights Movement

Ruth Frankenberg, White Women, Race Matters: The Social Construction of Race (1993)

A work that provides a social history of the concept of being Caucasian

Theodore Allen, The Invention of the White Race: Origin of Racial Oppression in Anglo-America (1977)

A work that provides a social history of the concept of being Caucasian

Theodore Allen, The Invention of the White Race: Racial Oppression and Social Control (1994)

A work that provides a social history of the concept of being Caucasian

A. Leon Higginbotham Jr., In the Matter of Color: Race and the American Legal Process (1978)

A work that provides a state-by-state discussion of the legal history of slavery

Ackerman, The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (2005)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Ellis, The Jeffersonian Crisis: Courts and Politics in the Young Republic (1971)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Haggard, Marbury v Madison: A Concurring/Dissenting Opinion, 10 J. Law & Pol. (1994)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Haskins and Johnson, Foundations of Power: John Marshall, 1801-15 (1981)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

McCloskey, The American Supreme Court (1960)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Van Alstyne, A Critical Guide to Marbury v Madison, 1969 Duke L.J. (1969)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Easterbrook, Ways of Criticizing the Court, 95 Harv. L. Rev. (1982)

A work that relies on modern game theory to argue that multi-member courts inevitably display variability in decision-making of any kind

Kornhauser and Sager, Unpacking the Court, 96 Yale L.J. (1986)

A work that relies on modern game theory to argue that multi-member courts inevitably display variability in decision-making of any kind

Lee, Deconstitutionalizing Justiciability: The Example of Mootness, 105 Harv. L. Rev. (1992)

A work that seeks to identify necessary and sufficient conditions for advisory opinions that lie outside the Article III judicial power

Harrison, The Constitutional Origins and Implications of Judicial Review, 84 Va. L. Rev. (1998)

A work that seeks to provide "a clear and persuasive derivation of Marbury's conclusion from the constitutional text."

Black, An Astonishing Political Innovation: The Origins of Judicial Review U. Pitt. L. Rev. (1988)

A work that speaks on the issue of ahistorical understandings of Marbury and the intellectual and legal context that preceded it.

Feldman, The Voidness of Repugnant Statutes: Another Look at the Meaning of Marbury, 148 Proc. Am. Phil. Soc'y (2004)

A work that speaks on the issue of ahistorical understandings of Marbury and the intellectual and legal context that preceded it.

Rakove, The Origins of Judicial Review: A Plea for New Contexts, 49 Stan. L. Rev. (1997)

A work that speaks on the issue of ahistorical understandings of Marbury and the intellectual and legal context that preceded it.

Wolfe, The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law (1986)

A work that speaks on the issue of ahistorical understandings of Marbury and the intellectual and legal context that preceded it.

Lawson, Controlling Precedent: Congressional Regulation of Judicial Decision-Making, 18 Const. Comm. (2001)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Rosenkranz, Federal Rules of Statutory Interpretation, 115 Harv. L. Rev. (2002)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Sager, Klein's First Principle: A Proposed Solution, 86 Geo. L.J. (1998)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Young, Congressional Regulation of Federal Courts' Jurisdiction and Processes: United States v. Klein Revisited, 1981 Wis. L. Rev . 1189

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Currie, Misunderstanding Standing, 1981 Sup. Ct. Rev. 41

A work that speaks to the issue of whether the "constitutional or statutory provision on which the claim rests properly can be understood as granting persons in the plaintiff's position a right to judicial relief" is the same question as whether the plaintiff has stated a valid claim for relief.

Fisch, The Vanashing Precedent: Eduardo Meets Vacatur, 70 Notre Dame L. Rev. (1994)

A work that speaks to the practice of repeat players 'buying up' judgments that they dislike by settling cases pending on appeal and then seeking vacatur

Charles Tiefer, The Constitutionality of Independent Officers as Checks on Abuses of Executive Power, 63 B.U. L. Rev. (1983)

A work that speaks to the question of whether loose Article III standing requirements violate the Take Care Clause

May, Presidential Defiance of Unconstitutional Laws: Reviving the Royal Prerogative, 21 Hastings Const. L.Q. (1994)

A work that speaks to the question of whether loose Article III standing requirements violate the Take Care Clause

Franklin, Facial Challenges, Legislative Purpose, and the Commerce Clause, 92 Iowa L. Rev. (2006)

A work that suggests that plaintiffs raising commerce clause challenges to a federal statute can only mount facial attacks

Chayes, Foreword: Public Law Litigation and the Burger Court, 96 Harv. L. Rev. (1982)

A work that supports the notion that any citizens should be able to bring a "public action" to challenge allegedly unlawful government conduct. Under this view, the judiciary should be recognized as an institution with a distinctive capacity to declare and explicate legal values

Chayes, The Role of the Judge in Public Law Litigation, 89 Harv. L. Rev. (1976)

Fiss, Foreword: The Forms of Justice, 93 Harv. L. Rev. (1979)

Sunstein, Standing and the Privatization of Public Law, 88 Colum. L. Rev. (1988)

Tushnet, The New Law of Standing: A Plea for Abandonment, 62 Cornell L. Rev. (1977)

Vining, Legal Identity: The Coming of Age of Public Law (1978)

Monaghan, Constitutional Adjudication: The Who and When, 82 Yale L.J. (1973)

A work that supports the notion that federal courts (and especially the Supreme Court) have a special function in enforcing the rule of law independent of the task of resolving concrete disputes over individual rights

Alfange, Marbury v. Madison and Original Understandings of Judicial Review: In Defense of Traditional Wisdom, 1993 Sup. Ct. Rev. 329

A work that treats Stuart v Laird as strongly probative of the Court's awareness of the political sensitivity of its situation and its willingness to shape its decisions accordingly

"A survey of our cases shows that judicial review of a final agency action by an aggrieved person will not be cut off unless there is persuasive reason to believe that such was the purpose of Congress."

Abbott Laboratories v. Gardner, 387 US 136 (1967) (John Marshall Harlan II)

Sales/Receivables

Account Receivable Turnover Equation

(Current Assets - Inventory)/Current Liability

Acid Test Equation

A work that argues that documents used in drafting by the Committee of Detail, coupled with the Convention's specific reinsertion of the word 'all' in the Clause setting out the Supreme Court's appellate jurisdiction, after it had been omitted by the Committee of Style, reflects an intention to make federal jurisdiction mandatory for the first three jurisdictional categories in Article III §2.

Akhil Amar, A Neo-Federalist View of Article III: Separating the Two Tiers of Federal Jurisdiction, 65 B.U.L.Rev. (1985)

A work that speaks to the relationships among formal legality and illegality, popular sovereignty, and the theory of political legitimacy reflected in the framing and ratification of the Constitution, and on the implications of the implicit constitutional theory of the founding for American constitutional theory

Akhil Amar, Philadelphia Revisited: Amending the Constitution Outside Article V, 55 U. Chi. L. Rev. (1988)

Akhil Amar, The Consent of the Governed: Constitutional Amendment Outside Article V, 94 Colum. L. Rev. (1994)

Concluding that the Sixth Amendment right to appointed counsel, as defined in Argersinger v. Hamlin, 407 U.S. 25 (1972), and Scott v. Illinois, 440 U.S. 367 (1979), applies to a defendant who was sentenced to a suspended sentence

Alabama v. Shelton, 535 US 654 (2002) Holding

AFTER an unequivocal experience of the inefficiency of the subsisting federal government, you are called upon to deliberate on a new Constitution for the United States of America. The subject speaks its own importance; comprehending in its consequences nothing less than...the fate of an empire in many respects the most interesting in the world. It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force...a wrong election of the part we shall act may, in this view, deserve to be considered as the general misfortune of mankind.

Alexander Hamilton, Federalist 1

"The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a President of the United States."

Alexander Hamilton, Federalist 75

"I proceed to lay it down as a rule, that one man of discernment is better fitted to analyze and estimate the peculiar qualities adapted to particular offices, than a body of men of equal or perhaps even of superior discernment. The sole and undivided responsibility of one man will naturally beget a livelier sense of duty and a more exact regard to reputation. He will, on this account, feel himself under stronger obligations, and more interested to investigate with care the qualities requisite to the stations to be filled, and to prefer with impartiality the persons who may have the fairest pretensions to them."

Alexander Hamilton, Federalist 76

"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."

Alexander Hamilton, Federalist 78

"The judiciary is beyond comparison the weakest of the three departments...it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches."

Alexander Hamilton, Federalist 78

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."

Alexander Hamilton, Federalist 78

"Though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive."

Alexander Hamilton, Federalist 78

"The diminished ability of respondents' children to receive a desegregated education would be fairly traceable to unlawful IRS grants of tax exemptions only if there were enough racially discriminatory private schools receiving tax exemptions in respondents' communities for withdrawal of those exemptions to make an appreciable difference in public school integration. Respondents have made no such allegation. It is, first, uncertain how many racially discriminatory private schools are in fact receiving tax exemptions.[23] Moreover, it is entirely speculative, as respondents themselves conceded in the Court of Appeals, see n. 17, supra, whether withdrawal of a tax exemption from any particular school would lead the school to change its policies. See 480 F. Supp., at 796. It is just as speculative whether any given parent of a child attending such a private school would decide to transfer the child to public school as a result of any changes in educational or financial policy made by the private school once it was threatened with loss of tax-exempt status. It is also pure speculation whether, in a particular community, a large enough number of the numerous relevant school officials and parents would reach decisions that collectively would have a significant impact on the racial composition of the public schools. The links in the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing."

Allen v. Wright, 468 US 737 (1984) (Sandra O'Connor)

"The illegal conduct challenged by respondents is the IRS's grant of tax exemptions to some racially discriminatory schools. The line of causation between that conduct and desegregation of respondents' schools is attenuated at best. From the perspective of the IRS, the injury to respondents is highly indirect and "results from the independent action of some third party not before the court," Simon v. Eastern Kentucky Welfare Rights Org., 426 U. S., at 42. As the Court pointed out in Warth v. Seldin, 422 U. S., at 505, "the 758*758 indirectness of the injury . . . may make it substantially more difficult to meet the minimum requirement of Art. III . . . ."

Allen v. Wright, 468 US 737 (1984) (Sandra O'Connor)

"Persons seeking judicial relief from an Art. III court must have standing to maintain their cause of action. At a minimum, the standing requirement is not met unless the plaintiff has "such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends. . . ." Baker v. Carr, 369 U. S. 186, 204 (1962). Under the Court's cases, this "personal stake" requirement is satisfied if the person seeking redress has suffered, or is threatened with, some "distinct and palpable injury," Warth v. Seldin, 422 U. S. 490, 501 (1975), and if there is some causal connection between the asserted injury and the conduct being challenged, Simon v. Eastern Kentucky Welfare Rights Org., 426 U. S. 26, 41 (1976). See Heckler v. Mathews, 465 U. S. 728, 738 (1984); Havens Realty Corp. v. Coleman, 455 U. S. 363, 376 (1982); Valley Forge, 454 U. S., at 472. In these cases, the respondents have alleged at least one type of injury that satisfies the constitutional requirement of "distinct and palpable injury." In particular, they claim that the IRS's grant of tax-exempt status to racially discriminatory private schools directly injures their children's opportunity and ability to receive a desegregated education. ... We have consistently recognized throughout the last 30 years that the deprivation of a child's right to receive an education in a desegregated school is a harm of special significance; surely, it satisfies any constitutional requirement of injury in fact."

Allen v. Wright, 468 US 737 (1984) (William Brennan) *Alternative State Rule

1.2(working capital/total assets) + 1.4((retained earnings/total assets) + 3.3(earnings before interest & tax/total assets) + .6(market value of equity/total liabilities) + 1(sales/total assets)

Altman's Z Score Equation

"The general and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.".

American Banana Co. v. United Fruit Co., 213 US 347 (1909) (Oliver Wendell Holmes Jr.)

Concluding that the Sherman Act does not apply to a suit by one American corporation against another alleging predatory acts performed in a foreign country to preserve the defendant company's domination of an import trade to the United States

American Banana Co. v. United Fruit Co., 213 US 347 (1909) Holding

"We think the intention of Congress that these goods should be classified as "gilling twine" is plain; but were the question one of doubt, we should still feel obliged to resolve that doubt in favor of the importer, since the intention of Congress to impose a higher duty should be expressed in clear and unambiguous language."

American Net & Twine Co. v. Worthington, 141 US 468 (1891) (Henry brown)

Cesare Beccaria

An Essay on Crimes and Punishments (Author)

J.H. Baker

An Introduction to English Legal History Author

Zinoma Ne

An act of a stranger can not be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Lithuanian)

Zinoma

An act of nature can be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Lithuanian)

'No-shop' agreement

An agreement by one party not to negotiate with anyone other than the other party to the exclusivity agreement for a set period of time

Muidugi Mitte

An earthquake can not be an act of nature providing a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Estonian)

Certamente

An tornado can be an act of nature providing a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Portuguese)

An unbiased forecast is not one where the expected value of the forecast error equals zero. (Please answer in Spanish)

This item is used to determine the usefulness of the independent variable in explaining the variation of the dependent variable

Analysis of Variance

Derrick Bell

And We Are Not Saved (1987) Author

"The exemption of the sovereign from suit involves hardship enough where consent has been withheld. We are not to add to its rigor by refinement of construction where consent has been announced."

Anderson v. Hayes Construction Co., 243 N. Y. 140 (1926) (Benjamin Cardozo)

Last antecedent canon

The doctrine that a pronoun, relative pronoun, or demonstrative adjective generally refers to the nearest reasonable antecedent

Proviso canon

The doctrine that a proviso conditions only the principal matter that it qualifies - almost always the matter immediately preceding it

Associated Words Canon

The doctrine that associated words bear on one another's meaning

Predicate-act canon

The doctrine that authorization of an act also authorizes a necessary predicate act

Distributive phrasing canon

The doctrine that distributive phrasing applies each expression to its appropriate referent

Irreconcilability canon

The doctrine that if a text contains truly irreconcilable provisions at the same level of generality, and they have been simultaneously adopted, neither provision should be given effect

Generalia specialibus non derogant

The doctrine that if there is a conflict between a general provision and a specific provision, the specific provision prevails

Scope of subparts canon

The doctrine that material within an indented subpart relates only to that subpart; material contained in un-indented text relates to all the following or preceding indented subparts

Subordinating canon

The doctrine that subordinating language merely shows which provision prevails in the event of a clash but does not necessarily denote a clash of provisions

John Fiske, The Critical Period of American History 1783-89 (1883)

The term "Critical Period" apparently originated from this work

Wells Fargo Bank, N.A. v. Erum, No. CAAP-15-0000742, 2017 WL 5508290, at *2 (Haw. Ct. App. Nov. 17, 2017), cert. dismissed, No. SCWC-15-0000742, 2018 WL 1410719 (Haw. Mar. 21, 2018)

This case can be cited for the proposition that a party who wishes to stay an order confirming a foreclosure sale pending appeal must post a supersedeas bond or otherwise obtain a stay pursuant to HRCP Rule 62 or HRAP Rule 8. If a stay is not obtained and the property is sold to a bona fide purchaser, the appeal should be dismissed as moot because no effective relief can be granted

Lone Star Gas Co. v. Murchison, 353 S.W.2d 870 (Tex. Civ. App.—Dallas 1962, writ ref'd n.r.e.)

This case can be cited for the proposition that acquisition of oil and gas is not analogous to acquisition of wild animals

VP&PK (ML) LLC v. Aug., No. 29217, 2008 WL 2752162, at *1 (Haw. July 8, 2008)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Waiehu Aina, LLC v. Raffetto, No. 30215, 2009 WL 4909885, at *1 (Haw. Dec. 16, 2009)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Ex turpi causa non oritur actio

This doctrine bars an individual engaging in an illegal act at the time she or he is injured from recovering on a related civil claim

1867 Habeas Corpus Act

This item authorized federal courts to issue writs of habeas corpus on behalf of prisoners held by state authorities in violation of the Constitution, laws, and treaties of the United States

Church of Scotland Act of 1921

This item can be cited in support of the proposition that the 1706 Act of Union is not legally unalterable

Scotland Church Patronage Act of 1711

This item can be cited in support of the proposition that the 1706 Act of Union is not legally unalterable

102 Stat. 4642

This item increased the amount in controversy requirement in diversity cases under 28 USC 2 from $10000 to $50000

Act of July 25, 1958

This item increased the amount in controversy requirement in diversity cases under 28 USC 2 from $3000 to $10000

Asking the transferor's management to confirm that the firm is adequately capitalized

This item is a part of due diligence to avoid fraudulent conveyance actions

Asking the transferor's management to confirm that the firm will have positive cash flow after making all scheduled repayments

This item is a part of due diligence to avoid fraudulent conveyance actions

Asking the transferor's management to confirm that the firm will not incur debts beyond its ability to pay them back

This item is a part of due diligence to avoid fraudulent conveyance actions

Creating reasonable estimates of the transferor's assets and liabilities

This item is a part of due diligence to avoid fraudulent conveyance actions

Providing the loan funds to the entity whose assets are offered as collateral in the transaction. In the context of a leveraged buyout, this means that funds should be lent directly to the target and its asset rich subsidiaries and that a revolving loan or debt service reserve should be included to permit the firm to meet its working capital needs

This item is a part of due diligence to avoid fraudulent conveyance actions

Confidentiality Agreement

This item is entered into before the main acquisition agreement is signed

They permit the buyer to obtain financing and shift leverage in the negotiations

This item is one reason why no-shop agreements tends to benefit buyers more than sellers

Fiduciary Out

This item is typically covered by a clause in a no-shop agreement

Cycling

This item is used in condensate gas reservoirs where heavier hydrocarbons that exist in a gaseous state may liquefy and become unrecoverable if the reservoir's internal pressure is allowed to decline significantly

Racketeer Influenced and Corrupt Organizations Act

This item makes it unlawful for any person employed by or associated with any enterprise to conduct or participate in the conduct of such enterprise's affairs through a pattern of racketeering activity

Net Operating Profit After Taxes

This item measures what the firm's earnings would have been if the firm had no debt and no assets that produced interest expenses and income

36 Stat. 557

This item provided that federal interlocutory injunctions against the enforcement of state statutes on constitutional grounds could be issued only be special three-judge district courts with direct appeal as of right to SCOTUS

Northern Ireland Constitution Act of 1973

This item provides an example of Parliament's ability to specify particular procedures for the enactment of legislation

1837 Eighth and Ninth Circuit Acts

This item re-divided the US into nine circuits and increased membership of the Supreme Court to nine

Ireland Act of 1949

This item recognizes the republican status and independence of southern Ireland

Northern Ireland Act of 1998

This item reiterates the commitment made in section 1(2) of the 1949 Ireland Act

1802 Judiciary Act

This item repealed the 1801 Judiciary Act

'No-shop' agreement

This item tends to benefit buyers more than sellers

Cash Conversion Cycle

This measure discloses the number of days that a company's cash is tied up in production and the sales processes of its operation

Additional Funds Needed

This measure examines how much external funding a firm would need to increase sales given the amount of assets needed to generate those sales. Because many of the factors in this equation require estimation, the item only provides a ballpark measure.

Asset to Equity

This measure gives a sense of how much of a firm's total assets are owned by the shareholders as compared to those that are financed by debt

Altman's Z Score

This measure predicts the likelihood that a firm or criminal will go into bankruptcy within 2 years. The lower the z-score the greater the likelihood the company will go into bankruptcy. A score less than 1.8 indicates that the company or criminal is likely headed for bankruptcy while a score above 3.0 indicates a low risk of insolvency.

Cash Flow Per Share

This measure provides a metric that is similar to earnings per share - with the sole exception that it is arguably a better metric.

Contribution Margin

This measure shows the amount available to cover fixed costs and profit

Cost of Capital

This metric assesses the firm's average cost of financing. In general, all projects that a firm takes on should yield a return greater than the weighted version of the item.

Return on Assets

This metric discloses how profitable a firm's assets are in generating revenue

Dividend Discount Model

This metric discloses one measure of a stock's value based on future dividends at a constant growth rate

Collection Period

This metric discloses the amount of days it takes the firm to convert its accounts receivable into cash

Days Payable

This metric discloses the average number of days between a firm receiving goods and paying its suppliers for them

Payable Period

This metric discloses the average number of days between a firm's receipt of goods and its payment to suppliers for the chattels

Compound Annual Growth Rate

This metric discloses the average year over growth rate for a given period.

Current Ratio

This metric discloses the extent to which current liabilities can be covered by current assets

Sustainable Growth Rate

This metric discloses the maximum growth rate that a firm can sustain without changing its capital structure

Enterprise Value

This metric is often used in lieu of market capitalization to provide a rough figure to value a firm

Gross Profit Margin

This metric measures how much gross profit is generated for each dollar of sales

Net Profit Margin

This metric measures how much of a firm's revenue is kept as net income

Leverage

This metric measures how much of the firm is financed by its debt holders compared to its owners

Operating Cash Flow

This metric measures the amount of cash generated by the firm's everyday operating business operations. It is also used to determine whether outside cash is needed to grow company operations

Inventory Conversion Period

This metric measures the average number of days a firm holds inventory before selling it to customers

Inventory Turnover

This metric measures the number of times a firm's inventory is sold and replaced over a given period

Operating Profit Margin

This metric measures the percentage of a firm's revenue that is left over after paying for variable costs of production. The figure provides an indication of how good the firm is at generating profits from its core business operations as opposed from other sources

Price to Book

This metric measures the relative value of a firm compared to its share price

Market to Book

This metric measures the relative value of a firm compared to its share price. Use this statistic when attempting to determine when a firm is over or under valued

Earnings Before Interest and Taxes

This metric permits an individual to compare different firms without regard to interest expenses or tax rates

Earnings Before Interest, Taxes, Depreciation, and Amortization

This metric permits an individual to compare different firms without regard to interest expenses, depreciation, amortization, or tax rates

Interest Coverage

This metric provides information on a firm's ability to pay interest on its outstanding debt and the extent that its operating income can decline before the company is unable to meet its annual interest expenses. The lower the ratio the higher the chances that the company will be unable to service its debt

Cash Flow to Debt Ratio

This metric provides insight on the firm's ability to cover its total debt with its annual cash flow from operations.

Days Sales in Cash

This metric reveals management's control over cash balances. The larger the item, the better the company's cash position

Average Collection Period

This ratio discloses how long it takes for a company to convert its accounts receivable into cash

Capital Structure Measure/Capitalization Ratio

This ratio discloses how much a company's financing can be attributed to long term debt

Equity Multiplier

This ratio discloses how much of a firm's total assets are owned by shareholders and are not financed by debt

Basic Earning Power

This ratio discloses the earning power of a company's assets before taxes and debt service. Use this when attempting to compare firms that cannot be readily assessed because of differing tax or financial leverage situations.

Dividend Yield

This ratio is also known as the current yield and measures investment return. The higher the yield the higher the return on investment

Capital Asset Pricing Model

This ratio is used to calculate the required rate of return when deciding whether or not purchase a security. Use a 10 year T-Bill for the Risk Free Rate

Debt to Equity

This ratio measures how much of the company is financed by its debt holders compared with its owners. Firms with lower ratios are generally less risky and vice versa

Book Value Per Share

This ratio measures shareholder equity on a per share basis. If market value per share is higher than the item, of course, the investor is willing to pay a premium for the security

Audit Ratio

This ratio measures the cost of an audit in relationship to the sales of the company. A higher ratio indicates that additional accounting procedures were needed.

Account Receivable Turnover

This ratio measures the number of times receivables are converted to cash in a given period. Use credit sales as the numerator and average receivables as the denominator.

Dividend Per Share

This ratio measures the profit distribution paid out on a per share basis to the company's shareholders

Acid Test

This ratio shows whether a company has enough short-term assets to cover its immediate liabilities without selling inventory. The higher the ratio the safer the company is.

H.V. Roberts, Stock Market Patterns and Financial Analysis: Methodological Suggestions, Journal of Finance, 14: 1-10 (March 1959)

This work provides an overview of random walk theory applied to cumulative random numbers and actual price series

Bittker, The Case of the Fictitious Taxpayer: The Federal Taxpayer's Suit Twenty Years After Flast v. Cohen, 36 U. Chi. L. Rev. (1969)

This work provides commentary on taxpayer standing

Davis, The Case of the Real Taxpayer: A Reply to Professor Bittker, 36 U. Chi. L. Rev. (1969)

This work provides commentary on taxpayer standing

Breger, Defending Defenders: Remarks on Nichol and Pierce, 42 Duke L.J. (1993)

This work provides extensive commentary on Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

Nichol, Justice Scalia, Standing, and Public Law Litigation, 42 Dule L.J. (1993)

This work provides extensive commentary on Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

Pierce, Lujan v. Defenders of Wildlife: Standing as a Judicially Imposed Limit on Legislative Power, 42 Duke L.J. (1993)

This work provides extensive commentary on Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

Roberts, Article III Limits on Statutory Standing, 42 Duke L.J. (1993)

This work provides extensive commentary on Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)

L. Bachelier, Theorie de la Speculation (1900)

This work's development of a mathematical theory of random processes preceded Einstein's work on random Brownian motion among gas molecules by 5 years

Concluding that the execution of a 15 year old violates the Eighth Amendment's prohibition against "cruel and unusual punishments"

Thompson v. Oklahoma, 487 US 815 (1988) Holding

Concluding that the Fourth Amendment's search incident to arrest exception permits an officer to search the passenger compartment of an arrested individual's vehicle even if the officer does not make contact with the individual until she or he has left the vehicle.

Thornton v. United States, 541 US 615 (2004) Chief Justice Rehnquist Opinion Conclusion

"The general rule, however, is that an appellate court must apply the law in effect at the time it renders its decision."

Thorpe v. Housing Authority of Durham, 393 US 268 (1969) (Earl Warren)

Concluding that, under 11 U. S. C. § 1325(a)(5)(B), the prime-plus or formula rate is the proper interest rate when a bankruptcy filer seeks to reschedule her or his loan payments to make them equal to the "total present value" of the loan

Till v. SCS Credit Corp., 541 US 465 (2004) Justice Stevens Opinion Conclusion

"The phrase "assumption of risk" is an excellent illustration of the extent to which uncritical use of words bedevils the law. A phrase begins life as a literary expression; its felicity leads to its lazy repetition; and repetition soon establishes it as a legal formula, undiscriminatingly used to express different and sometimes contradictory ideas."

Tiller v. Atlantic Coast Line R. Co., 318 US 54 (1943) (Frankfurter, J., concurring)

This item is a debt measure

Times Interest Earned

EBIT/Interest Expense

Times Interest Earned Equation

Confidence Intervals for Regression Parameters Confidence Interval Purpose

To determine whether the hypothesized value of the population parameter lies within a computed interval within a particular degree of confidence

Confidence Intervals for Regression Parameters Hypothesis Area Purpose

To examine whether the estimate of the parameter lies in the rejection region or outside an interval at a particular level of confidence

When it comes to analysis of variance in a regression with one independent variable, this item measures the total variation in the dependent variable

Total Sum of Squares or SST

Concluding that customers of securities brokerage firms that are required to file certain financial reports with regulatory authorities by § 17 (a) of the Securities Exchange Act of 1934 do not have an implied cause of action for damages under § 17 (a) against accountants who audit such reports, based on misstatements contained in the reports

Touche Ross & Co. v. Redington, 442 US 560 (1979) Holding

Concluding that respondent's trade dress infringement claim was precluded under §1125 of the Lanham Act because its dual-spring design was a functional feature for which there is no trade dress protection

TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001) Holding

Concluding that Missouri Division of Corrections regulations limiting prisoners' ability to marry violate the Fourteenth Amendment's due Process Clause but that parallel regulations barring inmate-to-inmate prisoner correspondence did not violate the First Amendment

Turner v. Safley, 482 US 78 (1987) Holding

A work that provides coverage of the 1801 Judiciary Act

Turner, The Midnight Judges, 109 U. Pa. Rev. (1961)

Concluding that the Court did not make the rule established in Cage v. Louisiana, 498 U. S. 39 (1990) "retroactive to cases on collateral review" under 28 U. S. C. § 2244(b)(2)(A)

Tyler v. Cain, 533 US 656 (2001) Holding

Concluding that a state law that prohibits the name of an otherwise eligible candidate for the United States Congress from appearing on the general election ballot if he or she had already served three terms in the House of Representatives or two terms in the Senate violates Article I's Elections Clause

U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779 (1995) Holding

Concluding that a tax-exempt organization must pay tax on the profits it earns by selling commercial advertising space in its professional journal because those profits are income that the organization earns by carrying on a business not "substantially related" to the purposes for which the organization has received its exemption from federal taxation

US v. American College of Physicians, 475 US 834 (1986) Holding

Concluding that the attachment of a GPS tracking device to an individual's vehicle constituted a search within the meaning of the Fourth Amendment

US v. Jones, 565 US 400 (2012) Holding

"The assault upon the citadel of privity [of contract] is proceeding in these days apace."

Ultramares Corp. v, Touche, 255 N.Y. 170 (1931) (Benjamin Cardozo)

Rozhodne Ne

Under ERISA, a PE fund can never be treated as holding the assets of the employee benefit plans that invest in it if it appears that the primary purpose for the fund placement was to invest retirement plan assets (Please answer in Czech)

FINRA Form BR

Under FINRA Rule 3110, a broker-dealer must designate each location at which it conducts business as either a branch office, office of supervisory jurisdiction, or non-branch location by filing this item

Risk-Based Algorithm Designed To Focus On The Areas That Pose The Greatest Violation Risk

Under FINRA Rule 3110, broker dealers reviewing the firm's investment banking and securities transactions can use this item

Necessary Experience And Training To Act In The Capacity

Under FINRA Rule 3110, broker-dealer must also use reasonable efforts to determine that all registered principals carrying out supervisory responsibilities for a site gain this item

A Regular And Routine Presence At Her Or His Designated Office

Under FINRA Rule 3110, each supervisory jurisdiction principal must maintain this item

Firms That Cannot Feasibly Comply With The Ban Because Of The Senior Executive Position Of The Supervisor

Under FINRA Rule 3110, firms in this category may be able to take advantage of an exception from a part of the rule requiring the establishment of procedures to prevent supervisory personnel from overseeing their own activity or reporting to, or having their compensation or continued employment determined by a person the supervisor herself or himself is supervising.

Overseeing Their Own Activity

Under FINRA Rule 3110, firms must establish procedures to prevent supervisory personnel from doing this item

Reporting To A Person The Supervisor Herself Or Himself Is Supervising

Under FINRA Rule 3110, firms must establish procedures to prevent supervisory personnel from doing this item

Take Steps To Document That Each Person Attends The Entire Meeting

Under FINRA Rule 3110, firms using electronic media or other methods to conduct a required annual interview or meeting where compliance issues that are relevant to the principal's business activities are discussed must do this item

Review The Adequacy Of The System's Parameters And Document That Review In Writing

Under FINRA Rule 3110, if a broker dealer uses a risk-based algorithm designed to focus on the areas that pose the greatest violation risk, the principal must do this item

Conflicts Of Interest Presented By The Supervisor's Position In The Firm

Under FINRA Rule 3110, if a firm with a compromised senior executive is exempt from establishing procedures to prevent supervisory personnel from overseeing their own activity or reporting to, or having their compensation or continued employment determined by a person the supervisor herself or himself is supervising, the firm must take precautions to prevent supervision standards from being compromised by this item

The Amount Of Compensation The Supervisor Can Procure From The Associated Person Being Supervised

The Amount Of Revenue Generated By The Supervised Person

Under FINRA Rule 3110, if a small firm is exempt from establishing procedures to prevent supervisory personnel from overseeing their own activity or reporting to, or having their compensation or continued employment determined by a person the supervisor herself or himself is supervising, the firm must take precautions to prevent supervision standards from being compromised by this item

Annual Interview Or Meeting Conducted By The Firm Where Compliance Issues That Are Relevant To The Principal's Business Activities Are Discussed

Under FINRA Rule 3110, registered principals carrying out supervisory responsibilities for a site are not required to be physically present at this item

Annual Interview Or Meeting Conducted By The Firm Where Compliance Issues That Are Relevant To The Principal's Business Activities Are Discussed

Under FINRA Rule 3110, registered principals carrying out supervisory responsibilities for a site must participate in this item

Series 24 Prinicpal License

Under FINRA Rule 3110, this item is usually required for registered principals carrying out supervisory responsibilities for a site

Communications Between Non-Research And Research Departments On The Contents Of Research Reports

Under FINRA Rule 3110, when it comes to written or electronic correspondence and internal communications on investment banking or securities activities, particular attention should be directed towards this item

Communications With The Public That Require A Principal's Pre-Approval

Customer Complaint Identification And Reporting To FINRA

Prior Written Approval Of Changes In An Account Name Or Designation Regarding Customer Orders

FINRA Rules

Under FINRA Rule 3110, written or electronic correspondence and internal communications on investment banking or securities activities should be reviewed for issues related to compliance with this item

Federal Securities Laws

Firm Procedures

State Securities Laws

FINRA Rule 4515

Under FINRA Rule 3130, this item can prevent review of supervisory policies and procedures for safeguarding customer funds and securities; maintenance of books and records; supervision of supervisory personnel; transmission of funds and securities to an account where the customer on the original account is not a named account holder; and changes and validation of customer account information including address changes and changes in investment objectives from being delegated to an individual who is not a principal

Cross Appeal Notices

Under the Alaska Rules of Appellate Procedure, after the initial appeal notice is filed, this item can be submitted within the later of either fourteen days of the filing date or thirty days after the final judgment has been handed down.

File An Initial Notice Of Appeal Within The Customary Thirty-Day Time Limit

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that denies attorneys fees on appeal, you can do this item

Denies A Factual Statement Alteration Or Amendment Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Denies A Judgment Alteration Or Amendment Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Denies A Motion For Judgment Notwithstanding The Verdict

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Denies A New Trial Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Denies A Reconsideration Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Grants A Motion For Judgment Notwithstanding The Verdict

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Grants A Reconsideration Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Contain A Copy Of The Lower Court judgment

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Contain A Statement Of Points On Appeal

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Contain Proof Of Service

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Contain The Applicable Filing Fee

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Identify The Appellant

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Identify The Court To Which The Appeal Is Taken

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Alabama

Under the Appellate Procedure Rules of this state, footnotes and quotations need not appear in the same font and size as the text

Mississippi

Under the Appellate Procedure Rules of this state, footnotes and quotations need not appear in the same font and size as the text

Alaska

Under the Appellate Procedure Rules of this state, notice must be filed with the appellate court clerk within thirty days of the rendition of the final judgment

A Single Justice of the Hawaii Supreme Court or a Single Judge of the Hawaii Intermediate Court of Appeals

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order can be considered by this item in exceptional cases where compliance with time requirements is impractical

A statement on why petitioning the lower court is impractical

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item

A statement that the lower court denied the application or, that the Court failed to afford the requested relief

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item

Record Excerpts Relevant to the Claims

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item

Statement of Facts

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item

Supporting Affidavits and Declarations

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item if the facts are subject to dispute

Notice Is Received From The Judiciary Electronic Filing And Service System Or The Judiciary Information Management System

Under the Hawaii Rules of Appellate Procedure, electronically filed documents are served once this item occurs

Recipient Acknowledgement Of Receipt

Under the Hawaii Rules of Appellate Procedure, electronically filed documents can bear proof of service in this form

Statement Attesting To Service On, Or Attached To, The Filing

Under the Hawaii Rules of Appellate Procedure, electronically filed documents can bear proof of service in this form

Be Formatted On 8.5 x 11-Inch Paper With A Portrait Orientation

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Be Signed By Counsel In Black Type Or Print

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Contain Double Or One Half Spaced Text

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Document Name

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Email Address

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Mail Address

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Telephone Number

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Display Footnotes And Quotations In The Same Font And Size As The Text

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Bound

Under the Hawaii Rules of Appellate Procedure, if someone delivers a filing in person or mail, the document should not be this item

Stapeled

Under the Hawaii Rules of Appellate Procedure, if someone delivers a filing in person or mail, the document should not be this item

Tabbed

Under the Hawaii Rules of Appellate Procedure, if someone delivers a filing in person or mail, the document should not be this item

File a motion in the Court whose final determination is being appealed

Under the Hawaii Rules of Appellate Procedure, litigants seeking a stay on appeal of a civil judgment or order must do this item

File a motion in the Court whose final determination is being appealed

Under the Hawaii Rules of Appellate Procedure, litigants seeking a supersedeas bond must do this item

Citations

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

Headings

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

Index

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

Flyleaf

Under the Hawaii Rules of Appellate Procedure, the requirement that every document filed on a litigant's behalf be formatted on 8.5 x 11 inch paper with a portrait orientation does not apply to this item

Amicus Brief

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Answering Brief

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Attorneys' Fees Request

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Motion For Reconsideration

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Motion For Stay

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Motion To Dismiss

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Opening Brief

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Reply Brief

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Supplemental Brief

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Writ of Mandamus Petition

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Writ of Prohibition Petition

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

File Notice of the Motion with the Appellate Clerk

Under the Hawaii Rules of Appellate Procedure, when filing a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order, a litigant must do this item

Provide Notice to All Parties

Under the Hawaii Rules of Appellate Procedure, when filing a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order, a litigant must do this item

Eipa Tietenkaan

Under the Hawaii Rules of Appellate Procedure, when it comes to a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order, if a litigant elects to provide security in the form of a bond or stipulation or guarantor assertion, the guarantor is not deemed to have submitted to the appellate court's jurisdiction and has not appointed the appellate court clerk as her or his agent to receive service of documents relevant to the guarantee (Please answer in Finnish)

Bond Filing

Under the Hawaii Rules of Appellate Procedure, when it comes to a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order, relief can be conditioned on this item

Oczywiscie

Under the Hawaii Rules of Appellate Procedure, when it comes to civil cases in the circuit, district, family, and land courts as well as the tax appeal court, the Hawaii Supreme Court can require the appealing party to file a bond or provide a guarantor for an amount that is necessary to ensure payment of costs on appeal (Please answer in Polish)

Answering Brief

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Motion For Stay

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Motion To Dismiss

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Opening Brief

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Reply Brief

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Supplemental Brief

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Verified Bill of Costs

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Writ of Prohibition Petition

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Kesinlikle

Under the rule announced in Rylands v Fletcher, electricity can be an item "likely to do mischief if it escapes." (Please answer in Turkish)

Kesinlikle

Under the rule announced in Rylands v Fletcher, explosives can be an item "likely to do mischief if it escapes." (Please answer in Turkish)

Desigur Ca Ne

Under the rule announced in Rylands v Fletcher, fumes can not be an item "likely to do mischief if it escapes." (Please answer in Romanian)

Oczywiscie, Ze Nie

Under the rule announced in Rylands v Fletcher, gas which is likely to pollute water supplies can not be an item "likely to do mischief if it escapes." (Please answer in Polish)

Desigur

Under the rule announced in Rylands v Fletcher, water can be an item "likely to do mischief if it escapes." (Please answer in Romanian)

Eipa Tietenkaan

Under the rule from Rylands v Fletcher, a claimant need not prove that disputed damages were a natural consequence of an escape (Please answer in Finnish)

Tietysti

Under the rule from Rylands v Fletcher, an 'escape' is one from a place where the defendant has occupation or control over land to a place which is outside his occupation or control. Here, there must be an escape from one individual's close to another individual's close. (Please answer in Finnish)

Concluidng that, under § 172(b)(1)(I) of the IRC, an affiliated group of corporations filing a consolidated federal income tax return to carry back its product liability loss and offset prior years' income must compute the group's product liability loss on a consolidated basis

United Dominion Industries, Inc. v. United States, 532 US 822 (2001) Holding

"The presumption is very strong that a statute was not meant to act retrospectively, and it ought never to receive such a construction if it is susceptible of any other."

United States Fidelity & Guaranty Co. v. United States ex rel. Struthers Wells Co., 209 US 306 (1908) (Rufus Peckham)

Concluding that New Jersey and New York's repeal of a 1962 bond agreement that had limited the ability of The Port Authority of New York and New Jersey to subsidize rail passenger transportation from revenues and reserves violated Article I's Contract Clause

United States Trust Co. of NY v. New Jersey, 431 US 1 (1977) Holding

"Where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter."

United States ex rel. Attorney General v. Delaware & Hudson Co., 213 US 366 (1909) (Edward White)

Concluding that the 2000 Children's Internet Protection Act's requirement that public libraries install internet filtering software on their computers to qualify for federal funding was not an unconstitutional condition that did not violate the First Amendment's Free Speech Clause nor the Spending Clause.

United States v. American Library Assn., Inc., 539 U.S. 194 (2003) Plurality Opinion Conclusion

Concluding that § 204(a) of the 1935 Motor Carrier Act granted the now-defunct ICC authority to establish reasonable qualification and maximum hour working requirements for motor vehicle carrier employees whose duties affect operation safety

United States v. American Trucking Assns., Inc., 310 U.S. 534 (1940) Holding

Concluding that 18 U.S.C. § 751(a), which penalizes escape from federal custody, defines a continuing offense, contains a mens rea requirement, and can accept a duress or necessity defense if the escapee offers evidence justifying her or his initial departure, continued absence from custody, and bona fide effort to surrender or return to custody as soon as the claimed duress or necessity lost its coercive force

United States v. Bailey, 444 U.S. 394 (1980) Holding

"Common law historically distinguished between the defenses of duress and necessity. Duress was said to excuse criminal conduct where the actor was under an unlawful threat of imminent death or serious bodily injury, which threat caused the actor to engage in conduct violating the literal terms of the criminal law. While the defense of duress covered the situation where the coercion had its source in the actions of other human beings, the defense of necessity, or choice of evils, traditionally covered the situation where physical forces beyond the actor's control rendered illegal conduct the lesser of two evils. Thus, where A destroyed a dike because B threatened to kill him if he did not, A would argue that he acted under duress, whereas if A destroyed the dike in order to protect more valuable property from flooding, A could claim a defense of necessity."

United States v. Bailey, 444 US 394 (1980) (William Rehnquist)

Concluding that petitioner violated neither the Fourth Amendment's Search and Seizure Clause nor 18 U. S. C. §3109 by knocking on respondent's door, waiting 15-to-20-seconds, and forcibly entering the premises.

United States v. Banks, 540 US 31 (2003) Justice Souter Opinion Conclusion

"Because of the seriousness of criminal penalties, and because criminal punishment usually represents the moral condemnation of the community, legislatures and not courts should define criminal activity."

United States v. Bass, 404 US 336 (1971) (Thurgood Marshall)

Construing § 1202 (a) the Omnibus Crime Control and Safe Streets Act of 1968 as requiring a nexus with interstate commerce with respect to all three offenses embraced by the provision (i.e. receiving, possessing, or transporting any firearm)

United States v. Bass, 404 US 336 (1971) Dicta

Concluding that federal district courts do not have authority under 18 U. S. C. § 925(c) to grant convicted felons relief from firearms disabilities

United States v. Bean, 537 US 71 (2002) Holding

"Much has been said in the eourse of the argument on points on which the court feels no inclination to comment particularly; but which may, perhaps not improperly, receive some notice. That this court dares not usurp power is most true. That this court dares not shrink from its duty is not less true. No man is desirous of placing himself in a disagreeable situation. No man is desirous of becoming the peculiar subject of calumny. No man might he let the bitter cup pass from him without self-reproach, would drain it to the bottom. But if he have no choice in the case, if there be no alternative presented to him but a dereliction of duty or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country who can hesitate which to embrace."

United States v. Burr, 25 F. Cas. 55 (C.C.D. Va. 1807) (John Marshall)

"Blurred signposts to criminality will not suffice to create it."

United States v. CIO, 335 US 106 (1948) (Rutledge, J., concurring)

Concluding that back wages are subject to excise taxes under the Federal Insurance Contributions Act and Federal Unemployment Tax Act by reference to the year the wages are actually paid.

United States v. Cleveland Indians Baseball Co., 532 US 200 (2001) Holding

Construing the Hepburn Act's commodities clause as not extending to commodities mined, manufactured or produced by the carrier prior to transportation nor commodities held by corporations that were owned wholly or partially by the carrier to avoid serious constitutional questions

United States v. Delaware & Hudson Co., 213 U.S. 366 (1909) Dicta

"A search is not to be made legal by what it turns up. In law it is good or bad when it starts and does not change character from its success."

United States v. Di Re, 332 US 581 (1948) (Robert Jackson)

"The forefathers, after consulting the lessons of history, designed our Constitution to place obstacles in the way of a too permeating police surveillance, which they seemed to think was a greater danger to a free people than the escape of some criminals from punishment."

United States v. Di Re, 332 US 581 (1948) (Robert Jackson)

Concluding that the Hobbs Act, which makes it a federal crime to obstruct interstate commerce by robbery or extortion, does not reach the use of violence to achieve legitimate union objectives, such as higher wages in return for genuine services that the employer seeks.

United States v. Enmons, 410 U.S. 396 (1973) Holding

"The principle is old and deeply imbedded in our jurisprudence that this Court will construe a statute in a manner that requires decision of serious constitutional questions only if the statutory language leaves no reasonable alternative."

United States v. Five Gambling Devices, 346 US 441 (1953) (Robert Jackson)

"The upshot is that the 1983 law was specifically aimed at extending Social Security to federal employees. It left about 96% of those who were currently employed free to choose not to participate in Social Security, thereby avoiding any increased financial obligation. It required the remaining 4% to participate in Social Security while freeing them of any added financial obligation (or additional payroll deduction) so long as they previously had participated in other contributory retirement programs. But it left those who could not participate in a contributory program without a choice. Their financial obligations (and payroll deductions) had to increase. And this last mentioned group consisted almost exclusively of federal judges."

United States v. Hatter, 532 US 557 (2001) (Stephen Breyer)

Concluding that Article III's Compensation Clause prevents the federal government from singling out federal judges and collecting Social Security taxes, but not Medicare taxes, from judges who held office before Congress extended those taxes to federal employees and, that the Compensation Clause violation was not cured by a 1984 pay increase for federal judges

United States v. Hatter, 532 US 557 (2001) Holding

Concluding that there are no federal common law crimes

United States v. Hudson and Goodwin, 11 U.S. 32 (1812) Holding

Concluding that the Ninth Circuit erred in interpreting 21 U.S.C. § 846 as dictating that a conspiracy automatically ends when the object of the conspiracy becomes impossible to achieve

United States v. Jimenez Recio, 537 U.S. 270 (2003) Holding

"The best lawyer in the world cannot competently defend an accused person if the lawyer cannot obtain existing evidence crucial to the defense, e. g., if the defendant cannot pay the fee of an investigator to find a pivotal missing witness or a necessary document, or that of an expert accountant or mining engineer or chemist...In such circumstances, if the government does not supply the funds, justice is denied the poor — and represents but an upper-bracket privilege."

United States v. Johnson, 238 F. 2d 565 (2d Cir. 1956) (Frank, J., dissenting)

Concluding that the jurisdiction of the Court of Claims is limited to cases involving monetary claim against the United States, and that the Court of Claims does not have the authority to issue declaratory judgments

United States v. King, 395 U.S. 1 (1969) Holding

After arresting a man in his house, to rummage at will among his papers in search of whatever will convict him, appears to us to be indistinguishable from what might be done under a general warrant;...True, by hypothesis the power would not exist, if the supposed offender were not found on the premises; but it is small consolation to know that one's papers are safe only so long as one is not at home. Such constitutional limitations arise from grievances, real or fancied, which their makers have suffered, and should go pari passu with the supposed evil. They withstand the winds of logic by the depth and toughness of their roots in the past. Nor should we forget that what seems fair enough against a squalid huckster of bad liquor may take on a very different face, if used by a government determined to suppress political opposition under the guise of sedition.

United States v. Kirschenblatt, 16 F. 2d 202 (2d Cir. 1926)

Concluding that the 1938 Indian Mineral Leasing Act and its implementing regulations could not be interpreted as mandating compensation for the Government's alleged breach of trust with a Native American tribe in connection with the negotiation of a mining lease.

United States v. Navajo Nation, 537 US 488 (2003) Holding

Concluding that CSA provisions prohibiting the manufacture and distribution of various drugs, including marijuana do not contain a medical necessity exception

United States v. Oakland Cannabis Buyers' Coop, 532 US 483 (2001) Holding

Concluding that respondents lacked taxpayer standing under Article III to raise a Statement of Account Clause challenge (Art. I, §9, cl. 7) to the 1949 Central Intelligence Agency Act.

United States v. Richardson, 418 US 166 (1974) (Chief Justice Burger Opinion Conclusion)

"The present action involves Art. I, § 9, cl. 7, of the Constitution...We held in Flast v. Cohen, 392 U. S. 83, that a taxpayer had "standing" to challenge the constitutionality of taxes raised to finance the establishment of a religion contrary to the command of the First and Fourteenth Amendments. A taxpayer making such outlays, we held, had sufficient "personal stake" in the controversy, Baker v. Carr, 369 U. S. 186, 204, to give the case the "concrete adverseness" necessary for the resolution of constitutional issues. Ibid. Respondent in the present case claims that he has 198*198 a right to "a regular statement and account" of receipts and expenditures of public moneys for the Central Intelligence Agency. As the Court of Appeals noted, Flast recognizes "standing" of a taxpayer to challenge appropriations made in the face of a constitutional prohibition, and it logically asks, "how can a taxpayer make that challenge unless he knows how the money is being spent?"

United States v. Richardson, 418 US 166 (1974) (William Douglas) *Alternative State Rule

"But if, subsequent to the judgment, and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed."

United States v. Schooner Peggy, 5 US 103 (1801) (John Marshall)

"The constitution of the United States declares a treaty to be the supreme law of the land. Of consequence, its obligation on the courts of the United States must be admitted. It is certainly true that the execution of a contract between nations is to be demanded from, and, in the general, superintended by the executive of each nation; and, therefore, whatever the decision of this court may be relative to the rights of parties litigating before it, the claim upon the nation, if unsatisfied, may still be asserted. But yet where a treaty is the law of the land, and as such affects the rights of parties litigating in court, that treaty as much binds those rights, and is as much to be regarded by the court, as an act of congress; and although restoration may be an executive, when viewed as a substantive act, independent of, and unconnected with, other circumstances, yet to condemn a vessel, the restoration of which is directed by a law of the land, would be a direct infraction of that law, and, of consequence, improper."

United States v. Schooner Peggy, 5 US 103 (1801) (John Marshall)

Concluding that the United States does not waive sovereign immunity for counterclaims by filing a claim in a state court

United States v. Shaw, 309 US 495 (1940) Holding

Concluding that the term "enterprise," as used in RICO, encompasses both legitimate and illegitimate enterprises

United States v. Turkette, 452 U.S. 576 (1981) Holding

Concluding that provisions in the Mushroom Promotion, Research, and Consumer Information Act of 1990 mandating handler assessments on fresh mushrooms to fund advertising violate the First Amendment

United States v. United Foods, Inc., 533 US 405 (2001) Holding

"If the teachings of the Court's cases are to be followed and the constitutional policy served, affidavits for search warrants, such as the one involved here, must be tested and interpreted by magistrates and courts in a commonsense and realistic fashion. They are normally drafted by nonlawyers in the midst and haste of a criminal investigation. Technical requirements of elaborate specificity once exacted under common law pleadings have no proper place in this area. A grudging or negative attitude by reviewing courts toward warrants will tend to discourage police officers from submitting their evidence to a judicial officer before acting."

United States v. Ventresca, 380 US 102 (1965) (Arthur Goldberg)

"Recital of some of the underlying circumstances in the affidavit is essential if the magistrate is to perform his detached function and not serve merely as a rubber stamp for the police. However, where these circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hypertechnical, rather than a commonsense, manner."

United States v. Ventresca, 380 US 102 (1965) (Arthur Goldberg)

Concluding that § 5(e) of the 1937 Housing Act does not exempt Project Notes from federal estate taxation

United States v. Wells Fargo Bank, 485 US 351 (1988) Holding

Concluding that, under the Indian Tucker Act, the Court of Federal Claims had jurisdiction over the respondent's suit against the United States for breach of a fiduciary duty to manage land and improvements held in trust for the respondent but occupied by the Government.

United States v. White Mountain Apache Tribe, 537 US 465 (2003) Holding

"My reasons for this. conclusion are these: In the first place, it is, as I conceive, a general rule in the interpretation of all statutes, levying taxes or duties upon subjects or citizens, not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operation so as to embrace matters, not specifically pointed out, although standing upon a close analogy. In every case, therefore, of doubt, such statutes are construed most strongly against the government, and in favor of the subjects or citizens, because burdens are not to be imposed, nor presumed to be imposed, beyond what the statutes expressly and clearly import. Revenue statutes are in no just sense either remedial laws or laws founded upon any permanent public policy, and, therefore, are not to be liberally construed."

United States v. Wigglesworth, 28 F. Cas. 595 (1842) (Joseph Story)

"The constitution gives to the president, in general terms, "the power to grant reprieves and pardons for offences against the United States." As this power had been exercised from time immemorial by the executive of that nation whose language is our language, and to whose judicial institutions ours bear a close resemblance; we adopt their principles respecting the operation and effect of a pardon, and look into their books for the rules prescribing the manner in which it is to be used by the person who would avail himself of it. A pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed. It is the private, though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communicated officially to the court. It is a constituent part of the judicial system, that the judge sees only with judicial eyes, and knows nothing respecting any particular case, of which he is not informed judicially. A private deed, not communicated to him, whatever may be its character, whether a pardon or release, is totally unknown and cannot be acted on. The looseness which would be introduced into judicial proceedings, would prove fatal to the great principles of justice, if the judge might notice and act upon facts not brought regularly into the cause. Such a proceeding, in ordinary cases, would subvert the best established principles, and overturn those rules which have been settled by the wisdom of ages."

United States v. Wilson, 32 U.S. 150 (1833) (John Marshall)

Concluding that provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972 requiring benefit payments to miners who left the industry before the statute's effective date and providing presumptions and limitations on evidence rebuttal and do not violate the Fifth Amendment's Due Process Clause

Usery v. Turner Elkhorn Mining Co., 428 U.S. 1 (1976) Holding

"The "case and controversy" limitation of Art. III overrides no other provision of the Constitution.[5] To construe that Article to deny standing " `to the class for whose sake [a] constitutional protection is given,' " Jones v. United States, 362 U. S. 257, 261 (1960), quoting New York ex rel. Hatch v. Reardon, 204 U. S. 152, 160 (1907), simply turns the Constitution on its head. Article III was designed to provide a 494*494 hospitable forum in which persons enjoying rights under the Constitution could assert those rights. How are we to discern whether a particular person is to be afforded a right of action in the courts? The Framers did not, of course, employ the modern vocabulary of standing. But this much is clear: The drafters of the Bill of Rights surely intended that the particular beneficiaries of their legacy should enjoy rights legally enforceable in courts of law."

Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982) (Justice Brennan) *Alternative State Rule

Concluding that respondent's lacked taxpayer standing under Article III to raise an Establishment Clause challenge to the HEW Secretary's transfer of property to a church related college under the 1949 Federal Property and Administrative Services Act. The theory here was that Flast v. Cohen, 392 U.S. 83 (1968) only applied to action under the Spending Clause.

Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982) (Justice Rehnquist Opinion Conclusion)

"Beyond the constitutional requirements, the federal judiciary has also adhered to a set of prudential principles that bear on the question of standing. Thus, this Court has held that "the plaintiff generally must assert his own legal rights and interests, and cannot rest his claim to relief on the legal rights or interests of third parties." Warth v. Seldin, 422 U. S., at 499.[10] In addition, even when the plaintiff has alleged 475*475 redressable injury sufficient to meet the requirements of Art. III, the Court has refrained from adjudicating "abstract questions of wide public significance" which amount to "generalized grievances," pervasively shared and most appropriately addressed in the representative branches. Id., at 499-500.[11] Finally, the Court has required that the plaintiff's complaint fall within "the zone of interests to be protected or regulated by the statute or constitutional guarantee in question."

Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982) (Justice Rehnquist)

This item is a type of security

Variable Annuities

This item is a type of security

Variable Life Insurance

In a Rule 10b(5) action, if a stock was not resold, the original sale can be rescinded (Please answer in Italian)

Vero

The void for vagueness doctrine applies to statutes that criminalize conduct that is annoying to passersby (Please answer in Italian)

Vero

"A nuisance may be merely a right thing in the wrong place, — like a pig in the parlor instead of the barnyard."

Village of Euclid v. Ambler Realty Co., 272 US 365 (1926) (George Sutherland)

Although one can identify at least some apparent precursors to modern standing doctrine in cases such as Fairchild v Hughes, "the word standing...does not appear to have been commonly used until the middle of...the twentieth century."

Vining, Legal Identity: The Coming of Age of Public Law (1978)

Concluding that the First amendment's Free Speech Clause permits states to ban cross burning carried out with the intent to intimidate, but invalidating a state statutory provision treating all cross burning as prima facie evidence of intent to intimidate.

Virginia v. Black, 538 US 343 (2003) Plurality Opinion Conclusion

Concluding that a municipal trespass policy, providing for arrest after service of a notice was not facially invalid under the First Amendment's overbreadth doctrine.

Virginia v. Hicks, 539 US 113 (2003) Holding

"Negligence in the narrow sense may not be necessary, but fault of some kind is almost always necessary, and generally involves foreseeability."

Wagon Mound (No. 1) [1967] 1 AC 617 Dicta (Lord Reid)

When it comes to piercing the corporate veil, under the mere instrumentality test for LLCs, a claimant must not prove proximate causation (Please answer in Hawaiian)

Wahahe'e

This item is a type of security

Warrants

Concluding that petitioner's use of foster children's Social Security benefits to reimburse itself for foster care costs did not violate 42 U. S. C. § 407(a)

Washington State Dept. of Social and Health Servs. v. Guardianship Estate of Keffeler, 537 US 371 (2003) Holding

Concluding that an oral agreement to sell a call stock option while secretly intending never to honor the option is a "manipulative or deceptive device or contrivance" "in connection with the purchase or sale" of a security under § 10(b) of the 1934 Securities Exchange Act

Wharf (Holdings) Ltd. v. United Int'l Holdings, Inc., 532 US 588 (2001) Holding

Claro que nao

When it comes to a hypothesis test on regression parameters, if you are testing whether the regression coefficient equals a particular hypothesized value, the null hypothesis is not rejected when the absolute value of the test statistic is greater than the critical t value. (Please answer in Portuguese)

Bien sur

When it comes to confidence intervals for regression parameters, if the hypothesized value is in the interval, the null hypothesis will not be rejected. (Please answer in French)

Bien sur que non

When it comes to confidence intervals for regression parameters, if the hypothesized value is outside the interval, the null hypothesis can never be rejected. (Please answer in French)

Falso

When it comes to damages in intentional infliction of emotional distress claims, the claimant must prove that physical suffering resulted from the emotional distress. (Please answer in Italian)

Kesinlikle

When it comes to determining whether a PE fund must comply with ERISA, a guaranteed benefit policy issued by an insurer is exempt from statutory coverage (Please answer in Turkish)

Zinoma Ne

When it comes to determining whether a PE fund must comply with ERISA, a private equity fund can not claim the venture capital operating company exception if, by the date it makes its first investment, at least half of the fund's assets, valued at cost, are invested in an operating company, derivative investments, companies in which the fund has lost its management rights due to an initial public offering, or a firm whose securities the private equity fund has obtained in exchange for an operating company that it has management rights in (Please answer in Lithuanian)

Bien sur que non

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception 50% asset test, derivative investments do not count for the later of either ten years after the fund has made its initial investment or thirty months after the fund has lost its management rights in the derivative investment (Please answer in French)

Claro que nao

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception, a PE fund does not have management rights if it has contractual rights to appoint one or more directors to the board of the operating company, consult or approve of operating budgets or capital budgets, appoint a representative who serves as one of the operating firm's corporate officers, routinely consult and advise the operating firm's management, and examine the books and operating records of a non-public company (Please answer in Portuguese)

Certamente

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception, a PE fund does not have management rights if its management rights are shared with other investors and the rights are held by the entity's holding company (Please answer in Portuguese)

Muidugi Mitte

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception, a private equity fund does not have management rights if it has direct contractual rights with an operating company to substantially participate in, or substantially influence the management of, the operating company. (Please answer in Estonian)

Muidugi

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception, an operating company is a company that is primarily engaged in, directly, or through majority-owned subsidiaries, in the production or sale of goods or services other than capital investment (Please answer in Estonian)

Bien sur

When it comes to determining whether a PE fund must comply with ERISA, for the purposes of the venture capital operating company exception, it is best practice for counsel for a private equity fund claiming the venture capital operating company exception to obtain a management rights letter for all the fund's portfolio investments (Please answer in French)

Oczywiscie, Ze Nie

When it comes to determining whether a PE fund must comply with ERISA, publicly offered securities are not exempt from statutory coverage (Please answer in Polish)

Oczywiscie

When it comes to determining whether a PE fund must comply with ERISA, securities issued by registered investment companies under the ICA are exempt from statutory coverage (Please answer in Polish)

Protams, Ka Ne

When it comes to determining whether a PE fund must comply with ERISA, the rule that a PE fund may be treated as holding the assets of the employee benefit plans that invest in it if it appears that primary purpose for the fund placement was to invest retirement plan assets applies to Real Estate Operating Companies (Please answer in Latvian)

When it comes to determining whether a PE fund must comply with ERISA, the rule that a PE fund may be treated as holding the assets of the employee benefit plans that invest in it if it appears that primary purpose for the fund placement was to invest retirement plan assets applies to Ventral Capital Operating Companies (Please answer in Serbo-Croatian)

Zinoma

When it comes to determining whether a PE fund must comply with ERISA, the rule that a PE fund may be treated as holding the assets of the employee benefit plans that invest in it if it appears that primary purpose for the fund placement was to invest retirement plan assets does not apply to firms where less than a quarter of the value of any equity interest class is held by benefit plan investors (Please answer in Lithuanian)

When it comes to determining whether a PE fund must comply with ERISA, the statute applies to IRAs that fall under §§401, 403, or 408 respectively of the federal tax code (Please answer in Serbo-Croatian)

Desigur

When it comes to determining whether a PE fund must comply with ERISA, the statute applies to retirement plans (Please answer in Romanian)

Desigur Ca Ne

When it comes to determining whether a PE fund must comply with ERISA, the statute does not apply to annuity plans (Please answer in Romanian)

Tabiki Hayir

When it comes to determining whether a PE fund must comply with ERISA, the statute does not apply to employee benefit plans (Please answer in Turkish)

The fund must invest at least half of its assets, valued at cost, in qualifying real estate that is managed or developed and that is not a short term investment pending a long term commitment

When it comes to determining whether a PE fund must comply with ERISA, this item is one element of the Real Estate Operating Company Exception

The private equity fund must have the right to substantially participate directly in the management or development of the property and, in the ordinary course of business, must be engaged directly in real estate management or development activities

When it comes to determining whether a PE fund must comply with ERISA, this item is one element of the Real Estate Operating Company Exception

Selvfolgelig

When it comes to determining whether an action was terminated on the merits for a claimant who wants to bring a malicious prosecution claim, acquittal by a fact finder can satisfy the requirement. (Please answer in Norwegian)

Falso

When it comes to determining whether an action was terminated on the merits for a claimant who wants to bring a malicious prosecution claim, dismissal due to insufficient evidence can never satisfy the requirement. (Please answer in Italian)

Javisst

When it comes to determining whether an action was terminated on the merits for a claimant who wants to bring a malicious prosecution claim, usually, dismissal due to procedural defects can not satisfy the requirement. (Please answer in Swedish)

Selvfolgelig Ikke

When it comes to determining whether an action was terminated on the merits for a claimant who wants to bring a malicious prosecution claim, usually, dismissal due to prosecutorial discretion can satisfy the requirement. (Please answer in Norwegian)

Muidugi

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is not publicly traded, the market value can be determined by looking to a formula defined in compliance with 26 C.F.R. 1.83-3(h). The IRS will accept this method as a safe harbor. (Please answer in Estonian)

Muidugi Mitte

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is not publicly traded, the market value can not be determined by looking to a final valuation method available solely for start-ups that have been around for less than ten years and that have no class of equity securities that are traded on an established stock exchange. The IRS will not accept this method as a safe harbor. (Please answer in Estonian)

Protams, Ka Ne

Zinoma Ne

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is not publicly traded, the market value can not be determined by looking to an independent appraisal - based on the firm's balance sheet, discounted cash flow numbers, or a market comparison - that is determined not more than twelve months before the relevant transaction. The IRS will not accept this method as a safe harbor.

Zinoma

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is not publicly traded, the use of a value previously calculated under a valuation method is unreasonable as of a later date if the calculation fails to reflect information that has become available after the date of the previous calculation. (Please answer in Lithuanian)

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can be determined by looking to the average of the high and low prices on the grant date (Please answer in Serbo-Croatian)

Desigur

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can be determined by looking to the closing price on the grant date (Please answer in Romanian)

Kesinlikle

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can be determined by looking to the price of the first sale on the grant (Please answer in Turkish)

Desigur Ca Ne

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can not be determined by looking to the average of the high and low prices on the trading day before the grant date (Please answer in Romanian)

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can not be determined by looking to the average price during a specified period within 30 days before or 30 days after the grant date (Please answer in Serbo-Croatian)

Tabiki Hayir

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can not be determined by looking to the closing price on the trading day before the grant date (Please answer in Turkish)

Oczywiscie, Ze Nie

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the firm's stock is publicly traded, the market value can not be determined by looking to the price of the last sale before the grant (Please answer in Polish)

Tietysti

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the price is equal to or grater than the underlying stock's market value, the securities count as deferred compensation. (Please answer in Finnish)

Protams

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, the definition of fair market value set out by the IRS will not always be synonymous with analogous definitions set out by the UK Financial Control Authority (Please answer in Latvian)

Ninth Circuit Court of Appeals

When it comes to dividend recapitalization, PE firm management can take prophylactic steps against fraudulent conveyance actions by completing the relevant transaction in a state that is located within the jurisdiction of this item

Tenth Circuit Court of Appeals

Third Circuit Court of Appeals

Tietysti

When it comes to dividend recapitalization, if the target does not remain solvent after paying out the dividends, the private equity firm can be the target of a fraudulent conveyance action because the target essentially took out loans to paid out dividends while receiving nothing in return. (Please answer in Finnish)

Including a financial institution in the transaction

When it comes to dividend recapitalization, this item is a part of due diligence to avoid fraudulent conveyance actions

Paying out the dividends in the form of stock repayments or derivatives

When it comes to dividend recapitalization, this item is a part of due diligence to avoid fraudulent conveyance actions

Bien sur

When it comes to gas that is reinjected to prevent condensation, the reinjection maintains reservoir pressure and pushes remaining wet gas toward the producing wells. (Please answer in French)

Bien sur

When it comes to intentional infliction of emotional distress claims, a claimant acts recklessly if she or he knows, or should know, that such conduct would result in severe emotional distress. (Please answer in French)

Verus

When it comes to intentional infliction of emotional distress claims, a court is more likely to find conduct outrageous if it occurs in public or is persistent in nature. (Please answer in Latin)

Falsus

When it comes to intentional infliction of emotional distress claims, a defendant can usually be found liable for insulting or threatening the claimant. (Please answer in Latin)

Naturligvis Ikke

When it comes to intentional infliction of emotional distress claims, a defendant's acts or words are not extreme or outrageous if they exceed the ordinary bounds of behavior permitted in society. (Please answer in Danish)

Certamente

When it comes to intentional infliction of emotional distress claims, a higher standard of care can apply to innkeepers. (Please answer in Portuguese)

When it comes to intentional infliction of emotional distress claims, a higher standard of care can never apply to common carriers. (Please answer in Spanish)

Claro que nao

When it comes to intentional infliction of emotional distress claims, a higher standard of care can never apply to public utilities. (Please answer in Portuguese)

Selvfolgelig Ikke

When it comes to intentional infliction of emotional distress claims, a third party can never be able to recover for acts directed at another if she or he was present and witnessed the defendant's acts.(Please answer in Norwegian)

Sí

When it comes to intentional infliction of emotional distress claims, acts or words may be more likely to be deemed extreme and outrageous if a defendant knows that a plaintiff is particularly susceptible to emotional distress. (Please answer in Spanish)

Naturlich

When it comes to intentional infliction of emotional distress claims, proof of actual damages is required to recover.(Please answer in Gemran)

Naturlich Nicht

When it comes to intentional infliction of emotional distress claims, severe emotional distress is not usually defined as emotional distress that is of such substantial quantity or intensity that no reasonable person should be expected to endure it. (Please answer in German)

Selvfolgelig

When it comes to intentional infliction of emotional distress claims, the transferred intent doctrine does not apply. (Please answer in Norwegian)

Natuurlijk Niet

When it comes to intentional infliction of emotional distress claims, tortious intent can never be inferred from knowledge of the plaintiff's particular sensitivity. (Please answer in Dutch)

Natuurlijk

When it comes to pressure maintenance, one common way of maintaining a reserve's primary source of energy from solution gas expansion or a gas-cap drive involves removing gas that is produced along with oil and reinjecting it at appropriate locations in the reservoir. (Please answer in Dutch)

Sí

When it comes to testing the significance of the correlation coefficient, all other factors constant, a false null hypothesis is more likely to be rejected as one increases the sample size. (Please answer in Spanish)

Certamente

When it comes to the Standard error of Estimate, the smaller the standard deviation of the residual term, the more accurate the predictions that are based on the model. (Please answer in Portuguese)

Cum lex abrogatur, illud ipsum abrogatur, quo non eam abrogari oporteat

When you repeal the law itself, you at the same time repeal the prohibitory clause, which guards against such repeal.

Ubi jus, ibi remedium

Where there is a right there is a remedy

A work that documents the artificial creation of divisions among Supreme Court Justices riding circuit to facilitate review of decisions that otherwise could not be heard on appeal

White, III-IV History of the Supreme Court of the United States: The Marshall Court and Cultural Change, 1815-1835 (1988)

Concluding that: (1) § 109(b)(1) of the CAA does not delegate legislative power to the EPA Administrator, (2) the Administrator may not consider the costs of implementation in setting NAAQS under § 109(b)(1) of the CAA, (3) the lower court had jurisdiction to review the EPA's interpretation of Part D of Title I of the CAA with respect to implementing the revised ozone NAAQS, and (4) the EPA's interpretation of Part D of Title I of the CAA was unreasonable

Whitman v. American Trucking Assns., Inc., 531 US 457 (2001) Holding

This item is a type of non-security

Whole Life Insurance

Mark Tushnet

Why the Constitution Matters (2010) Author

Concluding that the Fourth Circuit erred in ruling that a state Court of Appeals decision denying respondent's ineffective assistance of counsel claim was "based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding" and was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Sixth Amendment.

Wiggins v. Smith, 539 US 510 (2003) Holding

True it is, that what Parliament doth, no authority on earth can undo

William Blackstone, 1 Commentaries on the Laws of England (1765)

A work that argues that Article III's vesting clause gives judges the ability to depart from or compromise the words or letter of a statute

William Eskridge, All About words: Early Understandings of the Judicial Power in Statutory Interpretation, 1776-1806, 101 Colum. L. Rev. (2001)

A work that argues that as a statue becomes more distant in time, the court should give more weight to evolutive factors and be less constrained by the text's words."

William Eskridge, Dynamic Statutory Interpretation, 135 U. Pa. L. Rev. (1987)

A work that argues that judges are cooperative partners with the legislature in making laws

William eskridge, Textualism: The Unknown Ideal?, 96 Mich. L. Rev. (1998)

Dividend Recapitalization

With this item, a PE fund acquires a target and then "asks" the target to issue debt instruments. This debt is then used to pay the firm large dividends.

"The conclusion is inescapable that but one remedy exists to deter violations of the search and seizure clause. That is the rule which excludes illegally obtained evidence. Only by exclusion can we impress upon the zealous prosecutor that violation of the Constitution will do him no good. And only when that point is driven home can the prosecutor be expected to emphasize the importance of observing constitutional demands in his instructions to the police."

Wolf v. Colorado, 338 US 25 (1949) (Murphy, J., dissenting)

Concluding that a capital federal habeas petition filed after AEDPA's effective date was not 'pending' under Lindh v. Murphy, 521 U. S. 320 (1997) even though respondent sought stay and counsel before the effective date. The result is that a case does not 'pending' under Lindh until an actual application for habeas relief is filed in federal court.

Woodford v. Garceau, 538 US 202 (2003) Holding

Concluding that the Ninth Circuit erred in ruling that a state Court of Appeals decision denying respondent's ineffective assistance of counsel claim was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Sixth Amendment.

Woodford v. Visciotti, 537 US 19 (2002) Holding

Jerome Frank

Words and Music: Some Remarks on Statutory Interpretation, 47 Colum. L. Rev. (1947) Author

A work that documents the use of jury trials as a nullification instrument in debtor-creditor actions filed during the Critical Period

Wythe Holt, To Establish Justice: Politics, The Judiciary Act of 1789, and the Invention of the Federal Courts, 1989 Duke L.J. 1421

Linear Regression with One Independent Variable Regression Equation

YI = B0 + B1XI + EI

Multiple Linear Regression Equation

YI = B0 +B1X1I + B2X2I + ... + BKXKI + EI

Concluding that a state Supreme Court erred in holding that, under 49 U.S.C. § 14504(c)(2)(B)(iv)(III), only a State's "generic" fee is relevant to determining the fee that was "collected or charged as of November 15, 1991."

Yellow Transp., Inc. v. Michigan, 537 US 36 (2002) Holding

In the US, the International Organizations Immunities Act protects international civil servants (Please answer in Lithuanian)

Zinoma

Generally directors can claim the protection of the business judgment rule even if the underlying conduct was illegal (Please answer in Lithuanian)

Zinoma Ne

UN civil servants are not protected under the Convention on the Privileges and Immunities of the UN (Please answer in Lithuanian)

Zinoma Ne

ANOVA Table for Multiple Linear Regression Regression Degrees of Freedom: ?

Sample Regression with Two Independent Variables Observations Symbol

ANOVA Table for Simple Linear Regression (k =1) Error (Explained) Degrees of Freedom

n-2

Testing the Significance of the Correlation Coefficient H0:

p = 0

Testing the Significance of the Correlation Coefficient HA:

p is not equal to 0

Hypothesis Test on Regression Parameters Test Statistic Equation

t = (B1 Hat - B1)/Sample Standard Deviation of B1Hat

Standard Error of Estimate Equation

∑((YI - B0Hat - B1HatX1)2/(n - 2))0.5 = ∑((E)2/(n - 2))0.5

Analysis of Variance in a Regression with One Independent Variable Equation RSS =

∑(Y1Hat - Ymean)2

Concluding that the Fourth Amendment, either by incorporating common-law restrictions on misdemeanor arrests or otherwise, does not forbid a warrantless arrest for a minor criminal offense

Atwater v. Lago Vista, 532 US 318 (2001) Holding

The number of this item is arbitrarily determined and is set at the time of incorporation

Authorized Stock

This item is the maximum number of shares that a company may sell to the investing public in an effort to raise cash to meet the organization's goals

Authorized Stock

Concluding that the Social Security Administration had the interpretive authority to find that the term 'inability' in §423(d)(1)(A) of the Social Security Act included a requirement that the inability last, or be expected to last, for at least 12 months and, that the term 'expected to last' applied only when an inability had not last for 12 months. The result is that cases where the Social Security Administration later determines that an inability did not last 12 months, the agency will automatically assume that the claimant failed to meet the duration requirement.

Barnhart v. Walton, 535 US 212 (2002) Holding

Concluding that speech that disclosed the repeated intentional disclosure of an intercepted cellular telephone conversation about a public issue in violation of the Electronic Communications Privacy Act of 1986 was protected under the First amendment

Bartnicki v. Vopper, 532 US 514 (2001)

"I emphasize the particular circumstances before us because, in my view, the Constitution permits legislatures to respond flexibly to the challenges future technology may pose to the individual's interest in basic personal privacy."

Bartnicki v. Vopper, 532 US 514 (2001) (Breyer, J., concurring)

This item is a profitability measure

Basic Earning Power

Concluding that the Court's decision in Mills v. Maryland, 486 U. S. 367 (1988), invaliding capital sentencing schemes that require juries to disregard mitigating factors that were not found unanimously, could not be applied retroactively because it did not fall within either of the two exceptions set out in Teague v. Lane, 489 U. S. 288 (1989).

Beard v. Banks, 542 US 406 (2004) Holding

"No authority has been adduced to show, that a corporation may not, in the construction of statutes, be regarded as a natural person: while, on the contrary, authorities have been cited which show, that corporations are to be deemed and considered as persons, when the circumstances in which they are placed, are identical with those of natural persons, expressly included in such statutes."

Beaston v. Farmers' Bank of Del., 37 US 102 (1838) (John McKinley)

Concluding that under the Federal Rules of Appellate Procedure, a court of appeals is not required to dismiss an appeal when a party files a timely notice of appeal in district court and types her or his name on the appeal notice but fails to sign the appeal notice

Becker v. Montgomery, 532 US 757 (2001) Holding

Concluding that an action filed in a state court to recover damages from a national bank for allegedly charging excessive interest may be removed to a federal court because it arises under the National Bank Act

Beneficial Nat. Bank v. Anderson, 539 US 1 (2003) Holding

"The English practice did not in fact demand injury to a personal interest, and neither the separation of powers nor advisory opinion doctrines as originally envisaged required insistence on a personal stake as the basic element of standing."

Berger, Standing to Sue in Public Actions: Is It A Constitutional Requirement?, 78 Yale L.J. (1969)

The Establishment Clause does not permit public schools to provide an official, sponsored prayer at the beginning of each school day (Please answer in French)

Bien sur

Weeks v. United States applies the exclusionary rule to the federal government (Please answer in French)

Bien sur

States violate the Establishment Clause by inviting members of different faiths to open legislative sessions with prayer (Please answer in French)

Bien sur que non

Concluding that the violation of an individual's Fourth Amendment protection against unreasonable search and seizure gives rise to a federal claim for damages

Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971) Holding

Concluding that under ERISA, firms are not required to defer to the decision of a disability claimant's personal physician

Black & Decker Disability Plan v. Nord, 538 US 822 (2003) Holding

Concluding that petitioner's sentence violated his Sixth Amendment right to trial by jury because the aggravating factors supporting his enhanced sentence were neither admitted by him nor found by a jury.

Blakely v. Washington, 542 US 296 (2004) Holding

A work that provides a history of federal courts in the District of Columbia

Bloch and Ginsburg, Celebrating the 200th Anniversary of the Federal Courts of the District of Columbia, 90 Geo. L.J. (2002)

Concluding that the offerers of a stock offering, made pursuant to an antitrust consent decree and registered under the Securities Act of 1933 may not maintain a private cause of action for money damages where they allege that the offerer has violated the provisions of Rule 10b-5 of the Securities and Exchange Commission and they have neither purchased nor sold any of the offered shares

Blue Chip Stamps v. Manor Drug Stores, 421 US 723 (1975) Holding

Concluding that the Techmseh School District's Student Activities Drug Testing Policy did not violate the Fourth Amendment in part because it was a reasonable means of furthering the School District's important interest in preventing and deterring drug use among attending students

Board of Ed. of Independent School Dist. No. 92 of Pottawatomie Cty. v. Earls, 536 U.S. 822 (2002) Holding

Concluding that the 11th Amendment bars state employees from suing the state to recover money damages for the state's failure to comply with the provisions of Title I of the Americans with Disabilities Act of 1990

Board of Trustees of Univ. of Ala. v. Garrett, 531 US 356 (2001) Holding

Concluding that the IRS can deny tax-exempt status to private schools engaging in racial discrimination

Bob Jones Univ. v. United States, 461 US 574 (1983) Holding

Concluding that §1.861-8(e)(3) of the Treasury Regulations was a proper exercise of the Treasury Secretary's rule making authority under the 1971 Revenue Act and the 1984 Deficit Reduction Act. The result is that, to determines taxes due from its domestic international sales corporation and foreign sales corporation, petitioner had to consider account expenses incurred for R&D in calculating its combined taxable income

Boeing Co. v. United States, 537 US 437 (2003) Holding

This item is a market value measure

Book Value Per Share

Concluding that under the Prison Litigation Reform Act of 1995 prisoners who only seek monetary damages in suits over prison conditions must still exhaust all administrative remedies before going to court, even if monetary damages are not available under the particular administrative process?

Booth v. Churner, 532 US 731 (2001) Holding

"We protect those rights not because they contribute, in some direct and material way, to the general public welfare, but because they form so central a part of an individual's life....The fact that individuals define themselves in a significant way through their intimate sexual relationships with others suggests, in a Nation as diverse as ours, that there may be many "right" ways of conducting those relationships, and that much of the richness of a relationship will come from the freedom an individual has to choose the form and nature of these intensely personal bonds."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

"At common law, the repeal of a criminal statute abated all prosecutions which had not reached final disposition in the highest court authorized to review them...Abatement by repeal included a statute's repeal and re-enactment with different penalties...And the rule applied even when the penalty was reduced...To avoid such results, legislatures frequently indicated an intention not to abate pending prosecutions by including in the repealing statute a specific clause stating that prosecutions of offenses under the repealed statute were not to be abated."

Bradley v. United States, 410 US 605 (1973) (Thurgood Marshall)

"When administrative and judicial interpretations have settled the meaning of an existing statutory provision, repetition of the same language in a new statute indicates, as a general matter, the intent to incorporate its administrative and judicial interpretations as well."

Bragdon v. Abbott, 524 US 624 (1998) (Anthony Kennedy)

Concluding that a physician who refuses or alter care of an HIV-positive patient violates the equal treatment provisions contained in § 302 of the ADA

Bragdon v. Abbott, 524 US 624 (1998) Holding

Concluding that SDMS properly enjoined a Mississippi state court's proposed congressional redistricting plan and properly fashioned its own congressional reapportionment plan in lieu of ordering at large elections

Branch v. Smith, 538 US 254 (2003) Holding

Concluding that a state wide association incorporated to regulate interscholastic athletic competition among public and private secondary schools may be regarded as engaging in state action covered by the First and Fourteenth Amendments when it enforces a rule against a member school.

Brentwood Academy v. Tennessee Secondary School Athletic Assn., 531 US 288 (2001) Holding

Concluding that § 216(b) of the FLSA does not bar removal of a suit from state to federal court

Breuer v. Jim's Concrete of Brevard, Inc., 538 US 691 (2003) Holding

"If we assume, for example, that a child is kidnaped and the officers throw a roadblock about the neighborhood and search every outgoing car, it would be a drastic and undiscriminating use of the search. The officers might be unable to show probable cause for searching any particular car. However, I should candidly strive hard to sustain such an action, executed fairly and in good faith, because it might be reasonable to subject travelers to that indignity if it was the only way to save a threatened life and detect a vicious crime. But I should not strain to sustain such a roadblock and universal search to salvage a few bottles of bourbon and catch a bootlegger."

Brinegar v. United States, 338 US 160 (1949) (Jackson, J., dissenting)

"These, I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police."

Brinegar v. United States, 338 US 160 (1949) (Jackson, J., dissenting)

"In dealing with probable cause, however, as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. The standard of proof is accordingly correlative to what must be proved."

Brinegar v. United States, 338 US 160 (1949) (Wiley Rutledge)

"While giving weight to these public and private considerations, the courts will require that the defendants make a prompt and reasonable start toward full compliance with our May 17, 1954, ruling. Once such a start has been made, the courts may find that additional time is necessary to carry out the ruling in an effective manner. The burden rests upon the defendants to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date."

Brown v. Board of Education, 349 US 294 (1955) (Earl Warren)

The judgments below...are accordingly reversed and the cases are remanded to the District Courts to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases."

Brown v. Board of Education, 349 US 294 (1955) (Earl Warren)

Concluding that state court rules requiring the deposit of client funds that could not otherwise generate net earnings for the client in an interest on lawyers' trust account was not a regulatory taking under the Fifth Amendment and, that the statutory scheme did not violate the Amendment's Takings Clause

Brown v. Legal Foundation of Wash., 538 US 216 (2003) Holding

Bruce Ackerman and Neal Katyal, Our Unconventional Founding, 62 U. Chi. L. Rev. (1995)

Concluding that the Federal Food, Drug, and Cosmetic Act, as amended by the Medical Device Amendments of 1976 preempts state-law fraud-on-the-FDA claims alleging injuries caused by the use of orthopedic bone screws in spine pedicles

Buckman Co. v. Plaintiffs' Legal Comm., 531 US 341 (2001) Holding

"If the United States have jurisdiction over all causes arising under their own laws, Congress must possess the power of determining to what extent that jurisdiction shall be vested in this Court."

Buel v. Van Ness, 21 US 312 (1823) (William Johnson)

Concluding that a deferential standard of review applies when a court of appeals reviews a trial court's Sentencing Guideline determination as to whether an offender's prior convictions were consolidated,and thus related, for sentencing purposes

Buford v. United States, 532 US 59 (2001) Holding

"The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. § 5. 772 So. 2d, at 1289; see also Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1220, 1237 (Fla. 2000). That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed."

Bush v. Gore, 531 US 98 (2000) (Per Curiam)

"The problem of changing a people's mores, particularly those with an emotional overlay, is not to be taken lightly. It is a problem which will require the utmost patience, understanding, generosity and forbearance from all of us, of whatever race. But the magnitude of the problem may not nullify the principle. And that principle is that we are, all of us, freeborn Americans, with a right to make our way, unfettered by sanctions imposed by man."

Bush v. Orleans Parish School Board, 138 F. Supp. 337 (E.D. La. 1956) (J. Skelly Wright)

The rule of lenity "comes into operation at the end of the process of construing what Congress has expressed, not at the beginning as an overriding consideration of being lenient to wrongdoers."

Callanan v. United States, 364 US 587 (1961) (Felix Frankfurter)

"Where the language is plain and admits of no more than one meaning the duty of interpretation does not arise."

Caminetti v. United States, 242 US 470 (1917) (William Day)

Concluding that the term 'pending' in 28 U. S. C. § 2244(d)(2) covers the time between a lower state court's decision and the filing of a notice of appeal to a higher state court and, that the provision applies to California's unique state collateral review system

Carey v. Saffold, 536 US 214 (2002) Holding

"We have made a somewhat extended reference to these statutes to show that the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been construed, practically since the beginning of the Government, as recognizing a necessary difference between a search of a store, dwelling house or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon or automobile, for contraband goods, where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought."

Carroll v. United States, 267 US 132 (1925) (William Howard Taft)

"Congress...possess the sole power of creating the tribunals (inferior to the Supreme Court) for the exercise of the judicial power, and of investing them with jurisdiction either limited, concurrent, or exclusive, and of withholding jurisdiction from them."

Cary v. Curtis, 44 US 236 (1845) (Peter Daniel)

(Days In Inventory) + (Days Sales Outstanding) - (Days Payable Outstanding)

Cash Conversion Cycle Equation

This item is a liquidity measure

Cash Ratio

Cash and Cash Equivalent/Current Liabilities

Cash Ratio Equation

"State attorneys general are political figures with political agendas and political aspirations. Their litigation decisions often reflect their political interests, most of all when the litigation involves not an individual criminal suspect but a fundamental challenge to the federal government's environmental policy. It should come as no surprise that eleven of the twelve attorneys general suing in Mass. v. EPA were Democrats while the administration whose policies they challenged was Republican. Far from treating the states' participation as presumptively establishing standing, the Court should have seen the states' filing more as presumptive evidence that this was a political fight over national policy, just the sort of issue that traditionally would have been regarded as a political question."

Cass, Massachusetts v. EPA: The Inconvenient Truth About Precedent, 93 Va. L. Rev. In Brief 73 (2007)

Concluding that (1) the Court's review of petitioner's claim was not barred by 28 U.S.C. § 2244(b)(3)(E); (2) a federal court cannot recharacterize a pro se litigant's motion as an initial §2255 motion unless it first informs the litigant of its intent to recharacterize, warns the litigant that this recharacterization means that any subsequent §2255 motion will be subject to the restrictions on "second or successive" motions, and provides the litigant an opportunity to withdraw the motion or to amend it so that it contains all his §2255 claims; and (3) petitioner's 1994 motion could not be considered an initial §2255 motion and his 1997 motion could not be considered a second or successive one because the District Court failed to give the prescribed warnings.

Castro v. United States, 540 US 375 (2003) Holding

Concluding the phrase "floods or flood waters" in the 1928 Flood Control Act does not encompass all the water that flows through a federal facility that was designed and is operated, at least in part, for flood control purposes. The result is that under 33 U. S. C. § 702c the federal government is not immune from suit in all cases that fall under the "floods or flood waters" provision in the 1928 Flood Control Act.

Central Green Co. v. United States, 531 US 425 (2001) Holding

Concluding that ERISA's "anti-cutback" rule in 29 U. S. C. § 1054(g) prohibits pension plan amendments expanding the categories of post-retirement employment that trigger payment suspension of early retirement benefits that have already accrued.

Central Laborers' Pension Fund v. Heinz, 541 US 739 (2004) Holding

A majority shareholder has a duty to disclose material information to minority shareholders in a merger transaction (Please answer in Portuguese)

Certamente

In Delaware, if a firm has an exculpatory provision in its charter, under the business judgment rule, directors can be found liable for poor oversight if the directors failed to implement any reporting or information system or controls (Please answer in Portuguese)

Certamente

Under the business judgment rule directors of large corporations can be found liable for failing to implement monitoring mechanisms to detect wrongdoing (Please answer in Portuguese)

Certamente

Concluding that the Ninth Circuit erred in failing to grant qualified immunity to the petitioner, in part because the petitioner violated neither the respondent's Fifth Amendment right against self-incrimination nor Fourteenth Amendment substantive due process right to be free from coercive questioning

Chavez v. Martinez, 538 US 760 (2003) Holding

Rejecting respondents' claim that the Government's petition for a writ of mandamus was time barred or barred by the equitable doctrine of laches and, concluding that the D.C. Circuit erred in concluding that it lacked authority to issue mandamus because the Government could protect its rights by asserting executive privilege in the DDC.

Cheney v. United States Dist. Court for DC, 542 US 367 (2004) Holding

Concluding that the 1990 ADA permits the EEOC to issue a regulation authorizing employers to refuse to hire an individual because her or his disability would cause performance on the job to endanger her or his health

Chevron USA Inc. v. Echazabal, 536 US 73 (2002) Holding

When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency's answer is based on a permissible construction of the statute...If Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Such legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute. Sometimes the legislative delegation to an agency on a particular question is implicit rather than explicit. In such a case, a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.

Chevron USA Inc. v. Natural Resources Defense Council, Inc., 467 US 837 (1984) (John Paul Stevens)

"The question now before us renders it necessary to pay particular attention to that part of the 2d section, which extends the judicial power "to controversies between a state and citizens of another state...This extension of power is remedial, because it is to settle controversies. It is therefore, to be construed liberally."

Chisholm v. Georgia, 2 US 419 (1793) (John Jay)

Concluding that respondent had failed to state a claim under the First and Fifth Amendments by alleging that official deception denied her access to the courts by leaving her without information or reason to seek information, with which she could have brought a lawsuit

Christopher v. Harbury, 536 U.S. 403 (2002) Holding

When you repeal the law itself,...you at the same time repeal the prohibitory clause, which guards against such repeal.

Cicero

Concluding that the Federal Arbitration Act applies to employment contracts but not contracts of employment of transportation workers

Circuit City Stores, Inc. v. Adams, 532 US 105 (2001) Holding

"It is recognized that a statute is to be construed with reference to its manifest object, and if the language is susceptible of two constructions, one of which will carry out and the other defeat such manifest object, it should receive the former construction."

Citizens Bank of Bryan v. First State Bank, 580 SW 2d 344 (Tex. 1979) (Zollie Steakley)

"All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude...shall have been duly convicted, shall have the same right, in every State and Territory...,to make their rights and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of per- son and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other."

Civil Rights Act of 1866 §1

"If two or more persons shall band or conspire together, or go in disguise upon the public highway, or upon the premises of another, with intent to violate any provision of this act, or to injure, oppress, threaten, or intimidate any citizen with intent to prevent or hinder his free exercise and enjoyment of any right or privilege granted or secured to him by the Constitution or laws of the United States, or because of his having exercised the same, such persons shall be held guilty of felony, and, on conviction thereof, shall be fined or imprisoned, or both, at the discretion of the court...- and shall, moreover, be thereafter ineligible to, and disabled from holding, any office or place of honor, profit, or trust created by the Constitution or laws of the United States."

Civil Rights Act of 1870 §6

"Any person who, under any color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the secured by the jurisdiction of the United States to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States, states, made shall, any such law, statute, ordinance, regulation, custom, or usage of liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress"

Civil Rights Act of 1871 §1

"Whereas, it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political; and it being the appropriate object of legislation to enact great fundamental principles into law Be it enacted...,That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude."

Civil Rights Act of 1875 §1

"No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Civil Rights Act of 1964 §601

Claimant consent can be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Serbo-Croatian)

Protams, Ka Ne

Claimant default can not be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Latvian)

An LLC manager violates her or his duty of loyalty to the firm if she or he refrains from competing with the firm's business before dissolution of the firm (Please answer in Portuguese)

Claro que nao

In Delaware, if a firm has an exculpatory provision in its charter, under the business judgment rule, if an offer is made for the firm, the directors cannot be found liable if they utterly failed to attempt to obtain the best sale price (Please answer in Portuguese)

Claro que nao

Concluding that, for the purpose of starting the clock on 28 U.S.C. § 2255's one-year limitation period, a conviction judgment becomes final when the time expires for filing a certiorari petition contesting the appellate court's affirmation of the conviction

Clay v. United States, 537 US 522 (2003) Holding

"It shall be unlawful for any person engaged in commerce, in the course of such commerce, either directly or indirectly, to discriminate in price between different purchasers of commodities of like grade and quality, where either or any of the purchases involved in such discrimination are in commerce, where such commodities are sold for use, consumption, or resale within the United States...,where the effect of such discrimination may be substantially to lessen competition or tend to create a monopoly in any line of commerce

Clayton Act §2

"The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."

Clayton Act §6

Concluding that 18 U. S. C. § 1341 (the federal mail fraud statute) does not cover false statements made in an application for a state license to operate video poker machines because the permit was not "property" within the meaning of the statutory provision

Cleveland v. United States, 531 US 12 (2000) Holding

"After bestowing on this subject the most attentive consideration, the Court can perceive no reason founded on the character of the parties for introducing an exception which the constitution has not made, and we think that the judicial power, as originally given, extends to all cases arising under the constitution or a law of the United States, whoever may be the parties."

Cohens v. Virginia, 19 US 264 (1821) (Chief Justice Marshall)

"In many States the judges are dependent for office and 387*387 for salary on the will of the legislature. The constitution of the United States furnishes no security against the universal adoption of this principle. When we observe the importance which that constitution attaches to the independence of judges, we are the less inclined to suppose that it can have intended to leave these constitutional questions to tribunals where this independence may not exist, in all cases where a State shall prosecute an individual who claims the protection of an act of Congress. These prosecutions may take place even without a legislative act. A person making a seizure under an act of Congress, may be indicted as a trespasser, if force has been employed, and of this a jury may judge. How extensive may be the mischief if the first decisions in such cases should be final!"

Cohens v. Virginia, 19 US 264 (1821) (Chief Justice Marshall)

Concluding that 49 U.S.C. §14501(c)(2)(A) permits states to delegate their power to establish safety regulations governing tow trucks and other property motor carriers to municipalities.

Columbus v. Ours Garage & Wrecker Service, Inc., 536 US 424 (2002) Holding

All publicly traded companies must issue this item before they may issue any other type of equity security

Common Stock

This item is a type of equity security

Common Stock

This item is a type of security

Common Stock

"Taxes are what we pay for civilized society."

Compañia General de Tabacos de Filipinas v. Collector of Internal Revenue, 275 US 87 (1927) (Holmes, J., dissenting)

((Ending Value/Starting Value)(1/Number of Periods)) - 1

Compound Annual Growth Rate Equation

Jiste

Consent is a defense that may be raised when an individual is sued for committing an intentional tort (Please answer in Czech)

This item is a cost accounting measure

Contribution Margin

Sales - Variable Cost

Contribution Margin Equation

(Sales - Variable Costs)/Sales

Contribution Margin Ratio Equation

Concluding that the 9th Circuit must review a District Court decision declining to reduce a $4.5 million punitive damages award under a de novo standard of review

Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 US 424 (2001) Holding

"The legal duties created by the statutory sections under challenge are addressed directly to vendors such as appellant. She is obliged either to heed the statutory discrimination, thereby incurring a direct economic injury through the constriction of her buyers' market, or to disobey the statutory command and suffer, in the words of Oklahoma's Assistant Attorney General, "sanctions and perhaps loss of license." Tr. of Oral Arg. 41. This Court repeatedly has recognized that such injuries establish the threshold requirements of a "case or controversy" mandated by Art. III."

Craig v. Boren, 429 U.S. 190 (1976) (William Brennan)

"To withstand constitutional challenge...classifications by gender must serve important governmental objectives and must be substantially related to achievement of those objectives."

Craig v. Boren, 429 US 190 (1976) (William Brennan)

Current Assets/Current Liability

Current Ratio Equation

Concluding that defendants who are sentenced under the Armed Career Criminal Act of 1984 have no right to collaterally attack the validity of previous state convictions used to enhance his federal sentence unless the conviction was obtained in violation of the defendant's right to counsel

Custis v. United States, 511 U. S. 485 (1994)

Concluding that the Sixth Circuit erred in failing to affirm N.D. Ohio's grant of summary judgment to petitioner in part because there were no genuine issues of material fact on respondent's Equal Protection Clause, Due Process Clause, and Fair Housing Act claims

Cuyahoga Falls v. Buckeye Community Hope Foundation, 538 US 188 (2003) Holding

Under FRCP, in order to bring a class action, plaintiffs must demonstrate that the class contains so many members that joinder of all of them is impractical (Please answer in Serbo-Croatian)

"It is not a tort for government to govern."

Dalehite v. United States, 346 US 15 (1953) (Jackson, J., dissenting)

Concluding that, after the sentencing proceeding has concluded, defendants who are sentenced under the Armed Career Criminal Act of 1984 normally have no right to challenge their federal sentence through a motion to vacate the sentence with a § 2255 habeas petition

Daniels v. United States, 532 US 374 (2001) Holding

Concluding that §43(a) of the Lanham Act does not prevent the unaccredited copying of a work

Dastar Corp. v. Twentieth Century Fox Film Corp., 539 US 23 (2003) Holding

A person need not advise another person to leave her or his premises before the person may use non-deadly force to defend a property interest (Please answer in Romanian)

Desigur Ca Ne

"The logic of words should yield to the logic of realities."

Di Santo v. Pennsylvania, 273 US 34 (1927) (Louis Brandeis)

Concluding that provisions of the District of Columbia Code that restrict the licensing of handguns and require licensed firearms kept in the home to be kept nonfunctional violate the Second Amendment

District of Columbia v. Heller, 554 U.S. 570 (2008) Holding

Concluding that, in an action alleging intentional or willful violation of the 1974 Privacy Act, a claimant must prove some actual damages to qualify for a minimum statutory award of $1,000.

Doe v. Chao, 540 US 614 (2004) Holding

Concluding that, under the Foreign Sovereign Immunities Act, a corporate subsidiary can not claim instrumentality status where the foreign state does not own a majority of its shares but does own a majority of the shares of a corporate parent one or more tiers above the subsidiary and, that a corporation's instrumentality status under the statute is defined at the time suit is filed.

Dole Food Co. v. Patrickson, 538 US 468 (2003) Holding

This item is a profitability measure

DuPont Ratio

A work that provides a detailed account of the administration and business of the district and circuit courts under the First Judiciary Act from 1789 to 1801

Dwight Henderson, Courts for a New Nation (1971)

(Net income - dividend on preferred shares)/Average outstanding shares

EPS Equation

This item is a type of security

ETFs

"The issue in this case is evidentiary. We must determine whether there is adequate support for the District Court's key findings, particularly the ultimate finding that the legislature's motive was predominantly racial, not political. In making this determination, we are aware that, under Shaw I and later cases, the burden of proof on the plaintiffs (who attack the district) is a "demanding one."...The Court has specified that those who claim that a legislature has improperly used race as a criterion, in order, for example, to create a majority-minority district, must show at a minimum that the "legislature subordinated traditional race-neutral districting principles . . . to racial considerations."...Race must not simply have been "a motivation for the drawing of a majority-minority district The Court also has made clear that the underlying districting decision is one that ordinarily falls within a legislature's sphere of competence...Hence, the legislature "must have discretion to exercise the political judgment necessary to balance competing interests," ibid., and courts must "exercise extraordinary caution in adjudicating claims that a State has drawn district lines on the basis of race,"...Caution is especially appropriate in this case, where the State has articulated a legitimate political explanation for its districting decision, and the voting population is one in which race and political affiliation are highly correlated."

Easley v. Cromartie, 532 US 234 (2001) (Stephen Breyer)

Concluding that the 1998 Copyright Term Extension Act's extension of existing copyrights did not exceed Congress's power under the Copyright Clause and, that the statute's extension of existing and future copyrights did not violate the First Amendment's Free Speech Clause.

Eldred v. Ashcroft, 537 US 186 (2003) Holding

"It must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures."

Elkins v. United States, 364 US 206 (1960) (Potter Stewart)

Concluding that the 1966 amendments to the FLSA do not waive a state's Eleventh Amendment immunity from suit in actions brought in a federal forum by state non-profit employees seeking overtime pay under § 16(b) of the statute

Employees v. Missouri Pub. Health Dept., 411 U.S. 279 (1973) Holding

Vacating the Ninth Circuit's judgment and remanding the matter to CD Cal for further proceedings consistent with the holding that respondent's regulations prohibiting the purchase of new motor vehicles with certain emission requirements do not escape pre-emption under § 209(a) of the CAA simply because they address the purchase of vehicles, rather than their manufacture or sale.

Engine Mfrs. Assn. v. South Coast Air Quality Management Dist., 541 U.S. 246 (2004) Holding

Concluding that a FERC tariff that delegates discretion to a regulated entity to determine the precise cost allocation between affiliated energy companies pre-empts an order that adjudges those costs imprudent.

Entergy La., Inc. v. Louisiana Pub. Serv. Comm'n, 539 US 39 (2003) Holding

Aristotle

Ethica Nicomachea Author

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

European Convention on Human Rights, Article 13 (Right to an effective remedy)

Everyone has the right to respect for his private and family life, his home and his correspondence

European Convention on Human Rights, Article 13 (Right to respect for private and family life)

"To the legislative department is confided, without revision, the power of deciding on the justice as well as wisdom of measures relative to subjects on which they have the constitutional power to act. Wherever, then, their language admits of no doubt, their plain and obvious intent must prevail."

Evans v. Jordan 8 F. Cas. 872 (C.C.D. Va. 1813) (Bushrod Washington)

William Popkin

Evolution of the Judicial Opinion: Institutional and Individual Styles

Concluding that the Pardons Clause provides POTUS with authority to commute a sentence for criminal contempt of court

Ex Parte Grossman, 267 U.S. 87 (1925) Chief Justice Taft Opinion Conclusion

Upholding the validity of the Irish Church Act of 1869

Ex parte Canon Selwyn [1872] Holding

Dismissing a habeas suit because the 1867 statute conferring jurisdiction on the Court was repealed after the Court heard oral argument

Ex parte McCardle, 74 U.S. 506 (1868) Result

No action can arise from a base cause

Ex turpi causa non oritur actio

Concluding that the Puerto Rican Federal Relations Act did not implicitly repeal the jurisdiction of the federal district court of Puerto Rico to hear § 1983 claims.

Examining Bd. of Engineers, Architects and Surveyors v. Flores de Otero, 426 US 572 (1976) Holding

This item is a type of security

Exchange Traded Notes

Current Price of Stock - Strike Price

Exercise Value Equation

Concluding that § 525 of the Bankruptcy Code prohibits the FCC from revoking licenses held by a debtor in bankruptcy upon the debtor's failure to make timely payments owed to the Commission for purchase of the licenses.

FCC v. NextWave Personal Communications Inc., 537 US 293 (2003) Holding

"It is dangerous, however, in any actual case of interpretive difficulty to rely exclusively upon the literal meaning of a statute's words divorced from consideration of the statute's purpose. That is so for a linguistic reason. General terms as used on particular occasions often carry with them implied restrictions as to scope. "Tell all customers that . . ." does not refer to every customer of every business in the world. That is also so for a legal reason. Law as expressed in statutes seeks to regulate human activities in particular ways. Law is tied to life. And a failure to understand how a statutory rule is so tied can undermine the very human activity that the law seeks to benefit. "No vehicles in the park" does not refer to baby strollers or even to tanks used as part of a war memorial."

FCC v. NextWave Personal Communications Inc., 537 US 293 (Breyer, J., dissenting)

Concluding that a standby letter of credit backed by a contingent promissory note is not insured as a "deposit" under the federal deposit insurance program.

FDIC v. Philadelphia Gear Corp., 476 US 426 (1986) Holding

Concluding that, as applied to incorporated, non-profit advocacy groups, the FECA's ban on direct corporate contributions to federal candidates did not violate the First Amendment.

Federal Election Comm'n v. Beaumont, 539 US 146 (2003) Holding

"Rule 1. Scope of Rules. These rules govern the procedure in the district courts of the United States in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Rule 81. They shall be construed to secure the just, speedy, and inexpensive determination of every action. Rule 2. One Form of Action. There shall be one form of action to be known as "civil action.""

Federal Rules of Civil Procedure (1938)

A work that provides a brief description of the historical development of the jurisdiction of lower federal courts

Felix Frankfurter, Distribution of Judicial Power Between United States and State Courts, 13 Corn.L.Q. (1928)

A work that argues that Owen Roberts casted his votes in West Coast Hotel and Jones & Laughlin before the announcement of FDR's court packing plan

Felix Frankfurter, Mr. Justice Roberts, 104 U. Pa. L. Rev. (1955)

Concluding that the Eighth Circuit erred in holding that the absence of an "interrogation" foreclosed petitioner's Sixth Amendment claim that his jailhouse statements should have been suppressed as fruits of the statements taken from him at his home.

Fellers v. United States, 540 US 519 (2004) Holding

Concluding that a state hospital's performance of a nonconsenusal diagnostic test to obtain evidence of a patient's criminal conduct for law enforcement purposes is an unreasonable search under the Fourth Amendment

Ferguson v. Charleston, 532 US 67 (2001) Holding

"That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution."

Field v. Clark, 143 US 649 (1892) (John Harlan)

Concluding that a statute law setting a 36% maximum tax rate on adjusted revenues from slot machines at racetracks but a 20% maximum tax rate on revenues from slot machines on excursion riverboats did not violate the fourteenth Amendment's Equal Protection Clause

Fitzgerald v. Racing Assn. of Central Iowa, 539 US 103 (2003) Holding

Concluding that §5 of the Fourteenth Amendment permits Congress to abrogate a state's Eleventh Amendment immunity from suit in Title VII employment discrimination cases and authorize federal courts to award monetary damages in those suit

Fitzpatrick v. Bitzer, 427 US 445 (1976) Holding

Sales/Total Fixed Assets

Fixed Asset Turnover Equation

"No person shall be imprisoned for debt, except in cases of fraud."

Fla. const. art. I §11 (imprisonment for debt)

"The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court. Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution."

Fla. const. art. I §12 (searches and seizures)

"The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety."

Fla. const. art. I §13 (habeas corpus)

Unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained.

Fla. const. art. I §14 (Pretrial release and detention)

Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. The death penalty is an authorized punishment for capital crimes designated by the legislature. The prohibition against cruel or unusual punishment, and the prohibition against cruel and unusual punishment, shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution. Any method of execution shall be allowed, unless prohibited by the United States Constitution. Methods of execution may be designated by the legislature, and a change in any method of execution may be applied retroactively. A sentence of death shall not be reduced on the basis that a method of execution is invalid. In any case in which an execution method is declared invalid, the death sentence shall remain in force until the sentence can be lawfully executed by any valid method. This section shall apply retroactively.

Fla. const. art. I §17 (Excessive punishments)

The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.

Fla. const. art. I §22 (Trial by jury)

Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.

Fla. const. art. I §23 (Right of privacy)

"The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law. There shall be a mandatory period of three days, excluding weekends and legal holidays, between the purchase and delivery at retail of any handgun. For the purposes of this section, "purchase" means the transfer of money or other valuable consideration to the retailer, and "handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. Holders of a concealed weapon permit as prescribed in Florida law shall not be subject to the provisions of this paragraph. The legislature shall enact legislation implementing subsection (b) of this section, effective no later than December 31, 1991, which shall provide that anyone violating the provisions of subsection (b) shall be guilty of a felony. This restriction shall not apply to a trade in of another handgun."

Fla. const. art. I §8 (right to bear arms)

"No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself."

Fla. const. art. I §9 (due process)

The state boundaries are: Begin at the mouth of the Perdido River, which for the purposes of this description is defined as the point where latitude 30°16′53″ north and longitude 87°31′06″ west intersect; thence to the point where latitude 30°17′02″ north and longitude 87°31′06″ west intersect; thence to the point where latitude 30°18′00″ north and longitude 87°27′08″ west intersect; thence to the point where the center line of the Intracoastal Canal (as the same existed on June 12, 1953) and longitude 87°27′00″ west intersect; the same being in the middle of the Perdido River; thence up the middle of the Perdido River to the point where it intersects the south boundary of the State of Alabama, being also the point of intersection of the middle of the Perdido River with latitude 31°00′00″ north; thence east, along the south boundary line of the State of Alabama, the same being latitude 31°00′00″ north to the middle of the Chattahoochee River; thence down the middle of said river to its confluence with the Flint River; thence in a straight line to the head of the St. Marys River; thence down the middle of said river to the Atlantic Ocean; thence due east to the edge of the Gulf Stream or a distance of three geographic miles whichever is the greater distance; thence in a southerly direction along the edge of the Gulf Stream or along a line three geographic miles from the Atlantic coastline and three leagues distant from the Gulf of Mexico coastline, whichever is greater, to and through the Straits of Florida and westerly, including the Florida reefs, to a point due south of and three leagues from the southernmost point of the Marquesas Keys; thence westerly along a straight line to a point due south of and three leagues from Loggerhead Key, the westernmost of the Dry Tortugas Islands; thence westerly, northerly and easterly along the arc of a curve three leagues distant from Loggerhead Key to a point due north of Loggerhead Key; thence northeast along a straight line to a point three leagues from the coastline of Florida; thence northerly and westerly three leagues distant from the coastline to a point west of the mouth of the Perdido River three leagues from the coastline as measured on a line bearing south 0°01′00″ west from the point of beginning; thence northerly along said line to the point of beginning. The State of Florida shall also include any additional territory within the United States adjacent to the Peninsula of Florida lying south of the St. Marys River, east of the Perdido River, and south of the States of Alabama and Georgia. (b) The coastal boundaries may be extended by statute to the limits permitted by the laws of the United States or international law.

Fla. const. art. II §1 (state boundaries)

The seat of government shall be the City of Tallahassee, in Leon County, where the offices of the governor, lieutenant governor, cabinet members and the supreme court shall be maintained and the sessions of the legislature shall be held; provided that, in time of invasion or grave emergency, the governor by proclamation may for the period of the emergency transfer the seat of government to another place.

Fla. const. art. II §2 (seat of government)

The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

Fla. const. art. II §3 (branches of government)

The design of the great seal and flag of the state shall be prescribed by law.

Fla. const. art. II §4 (state seal and flag)

In periods of emergency resulting from enemy attack the legislature shall have power to provide for prompt and temporary succession to the powers and duties of all public offices the incumbents of which may become unavailable to execute the functions of their offices, and to adopt such other measures as may be necessary and appropriate to insure the continuity of governmental operations during the emergency. In exercising these powers, the legislature may depart from other requirements of this constitution, but only to the extent necessary to meet the emergency.

Fla. const. art. II §6 (enemy attack)

(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources. (b) Those in the Everglades Agricultural Area who cause water pollution within the Everglades Protection Area or the Everglades Agricultural Area shall be primarily responsible for paying the costs of the abatement of that pollution. For the purposes of this subsection, the terms "Everglades Protection Area" and "Everglades Agricultural Area" shall have the meanings as defined in statutes in effect on January 1, 1996. (c) To protect the people of Florida and their environment, drilling for exploration or extraction of oil or natural gas is prohibited on lands beneath all state waters which have not been alienated and that lie between the mean high water line and the outermost boundaries of the state's territorial seas. This prohibition does not apply to the transportation of oil and gas products produced outside of such waters. This subsection is self-executing.

Fla. const. art. II §7 (natural resources and scenic beauty)

(a) English is the official language of the State of Florida. (b) The legislature shall have the power to enforce this section by appropriate legislation

Fla. const. art. II §9 (official language)

"One way of describing the Court's mistake in standing cases is to say that it has tried to formulate standing principles at too high a level of generality. Lawyers and judges usually try to formulate principles at as high a level of generality as the nature of the material will permit, but there is a limit on the generality of any given principle. That limit is passed when too many bad results are obtained by following the principle, or when the principle is too often evaded by subterfuge."

Fletcher, The Structure of Standing, 98 Yale L.J. (1988)

"Someone who feeds me a poison that increases my chances of dying next year has injured me, even if I am neither dead nor sure to die, and I may recover damages from [her or] him. The same reasoning establishes injury in fact when the government declines to enforce a law that was designed in part for my benefit. The Court cannot know that any identified plaintiff will be better off if the law is enforced, but the law is about probabilities, not certainties."

Frank Easterbrook, The Supreme Court, 1983 Term - Foreward: The Court and the Economic System, 98 Harv. L. Rev. 4 (1984)

Concluding that enforcement of a consent decree against respondent did not violate the Eleventh Amendment.

Frew v. Hawkins, 540 US 431 (2004) Holding

"There can be no doubt that our Nation has had a long and unfortunate history of sex discrimination. Traditionally, such discrimination was rationalized by an attitude of "romantic paternalism" which, in practical effect, put women, not on a pedestal, but in a cage."

Frontiero v. Richardson, 411 US 677 (1973) (William Brennan)

"We can only conclude that classifications based upon sex, like classifications based upon race, alienage, or national origin, are inherently suspect, and must therefore be subjected to strict judicial scrutiny."

Frontiero v. Richardson, 411 US 677 (1973) (William Brennan)

"The case has been argued largely as if it were one between two private parties; but it is not. The very elements that would be relied upon in a suit between fellow-citizens as a ground for equitable relief are wanting here. The State owns very little of the territory alleged to be affected, and the damage to it capable of estimate in money, possibly, at least, is small. This is a suit by a State for an injury to it in its capacity of quasi-sovereign. In that capacity the State has an interest independent of and behind the titles of its citizens, in all the earth and air within its domain. It has the last word as to whether its mountains shall be stripped of their forests and its inhabitants shall breathe pure air."

Georgia v. Tennessee Copper Co., 206 U.S. 230 (1907) (Oliver Wendell Holmes Jr.)

Concluding that the word "forges" in 18 U.S.C. § 495 was intended to have its common law meaning, and it does not include a purported but unauthorized agency endorsement. The result is that the statute does not reach cases where an individual endorses a government check by signing the name of the payee and her or his name as an unauthorized agent

Gilbert v. United States, 370 U.S. 650 (1962) Holding

"It is therefore important to inquire, as the Government recognizes, into the common-law meaning of forgery at the time the 1823 statute was enacted. For in the absence of anything to the contrary it is fair to assume that Congress used that word in the statute in its common-law sense."

Gilbert v. United States, 370 US 650 (1962) (John Marshall Harlan II)

Concluding that the IRC permits taxpayers to increase bases in their S corporation stock by the amount of an S corporation's discharge of indebtedness excluded from gross income and that the increase occurs before taxpayers are required to reduce the S corporation's tax attributes

Gitlitz v. Commissioner, 531 US 206 (2001) Holding

Concluding that a significant increase on a prison sentence is not required to demonstrate prejudice in a Strickland ineffective assistance of counsel claim

Glover v. United States, 531 US 198 (2001) Holding

"While in form this is merely an act redefining metes and bounds...the inescapable human effect of this essay in geometry and geography is to despoil colored citizens, and only colored citizens, of their theretofore enjoyed voting rights."

Gomillion v. Lightfoot, 364 U.S. 339 (1960) (Felix Frankfurter)

Concluding that nondisclosure provisions of the Family Educational Rights and Privacy Act did not create any enforceable rights

Gonzaga University v. Doe, 536 U.S. 273 (2002) Holding

"We generally presume that Congress is knowledgeable about existing law pertinent to the legislation it enacts."

Goodyear Atomic Corp. v. Miller, 486 US 174 (1988) (Thurgood Marshall)

Concluding that the Supremacy Clause did not bar a state from applying its additional workers' compensation award provision to a private contractor operating a federally owned nuclear production facility that performs a federal function.

Goodyear Atomic Corp. v. Miller, 486 US 174 (1988) Holding

"Unfortunately the EMH cannot be tested in a straightforward way. It is not a hypothesis subject to relatively simple observation, such as 'all the balls in the urn are white.' The basic data, prices and price changes, are interpretable only through the lens of a larger model of investor behavior and market processes. Thus we cannot test the validity of the EMH alone; every test of EMH also assumes some particular theory of what the right price for an asset is."

Gordon and Kornhauser, Efficient Markets, Costly Information and Securities Research, 60 N.Y.U. L. Rev. (1985)

Concluding that a state university's rigid use of racial preferences in undergraduate admissions violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the 1964 Civil Rights Act

Gratz v. Bollinger, 539 US 244 (2003) Holding

Concluding that a search conducted with a warrant that failed to describe the sought items was an unreasonable search under the Fourth Amendment and, that petitioner was not entitled to qualified immunity despite the constitutional violation because, under Saucier v. Katz, 533 U.S. 194 (2001), "it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted."

Groh v. Ramirez, 540 US 551 (2004) Holding

Owen Fiss

Groups and the Equal Protection Clause, 5 Phil. & Pub. Aff. (1976) Author

Concluding that a party's post-filing change in citizenship can not cure a lack of subject-matter jurisdiction that existed at the time a diversity action was filed under 28 U. S. C. § 1332.

Grupo Dataflux v. Atlas Global Group, LP, 541 US 567 (2004) Holding

Concluding that a graduate school's use of flexible, context-specific racial preferences in student admissions did not violate the Fourteenth Amendment's Equal Protection Clause of the Title VI of the 1964 Civil Rights Act.

Grutter v. Bollinger, 539 US 306 (2003) Holding

"Because the statute is reasonably susceptible to divergent interpretation, we adopt the reading that accords with traditional understandings and basic principles: that executive determinations generally are subject to judicial review and that mechanical judgments are not the kind federal courts are set up to render."

Gutierrez de Martinez v. Lamagno, 515 US 417 (1995) (Ruth Ginsburg)

Concluding that the Fifth Amendment's Due Process Clause required the federal government to provide petitioner with a meaningful opportunity to contest the factual basis for his detention under the 2001 AUMF before a neutral decision maker.

Hamdi v. Rumsfeld, 542 US 507 (2004) Plurality Opinion Conclusion

William Prosser

Handbook on the Law of Torts Author

Concluding that a statute expressly granting a bankruptcy trustee a right to recover does not also impliedly give an administrative claimant a right to recover

Hartford Underwriters Ins. Co. v. Union Planters Bank, 530 U.S. 1 (2000) Holding

A work that provides a critical history of the Judges' Act's genesis and enactment

Hartnett, Questioning Certiorari: Some Reflections Seventy-Five Years After the Judges' Bill, 100 Colum. L. Rev. (2000)

All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.

Haw. const. art. 1 §1 (political power)

"Private property shall not be taken or damaged for public use without just compensation."

Haw. const. art. 1 §10 (eminent domain)

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law or upon information in writing signed by a legal prosecuting officer under conditions and in accordance with procedures that the legislature may provide, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against oneself.

Haw. const. art. 1 §10 (indictment; preliminary hearing; information; double jeopardy; self-incrimination)

"In suits at common law where the value in controversy shall exceed five thousand dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury."

Haw. const. art. 1 §13 (trial by jury, civil cases)

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, or of such other district to which the prosecution may be removed with the consent of the accused; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against the accused, provided that the legislature may provide by law for the inadmissibility of privileged confidential communications between an alleged crime victim and the alleged crime victim's physician, psychologist, counselor or licensed mental health professional; to have compulsory process for obtaining witnesses in the accused's favor; and to have the assistance of counsel for the accused's defense. Juries, where the crime charged is serious, shall consist of twelve persons. The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment."

Haw. const. art. 1 §14 (rights of accused)

"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

Haw. const. art. 1 §17 (right to bear amrs)

"No soldier or member of the militia shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, except in a manner provided by law."

Haw. const. art. 1 §18 (quartering of soldiers)

The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

Haw. const. art. 1 §22 (Construction)

The public has a right of access to registration information regarding persons convicted of certain offenses against children and persons convicted of certain sexual offenses. The legislature shall determine which offenses are subject to this provision, what information constitutes registration information to which the public has a right of access, the manner of public access to the registration information and a period of time after which and conditions pursuant to which a convicted person may petition for termination of public access.

Haw. const. art. 1 §24 (Public access to information concerning persons convicted of certain offenses against children and certain sexual offenses)

In continuous sexual assault crimes against minors younger than fourteen years of age, the legislature may define: What behavior constitutes a continuing course of conduct; and What constitutes the jury unanimity that is required for a conviction.

Haw. const. art. 1 §25 (Sexual assault crimes against minors)

Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section.

Haw. const. art. 1 §3 (equality of rights)

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted.

Haw. const. art. 1 §7 (searches, seizures, and invasion of privacy)

No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land.

Haw. const. art. 1 §8 (rights of citizens)

The legislature shall provide for the registration of voters and for absentee voting and shall prescribe the method of voting at all elections. Secrecy of voting shall be preserved; provided that no person shall be required to declare a party preference or nonpartisanship as a condition of voting in any primary or special primary election. Secrecy of voting and choice of political party affiliation or nonpartisanship shall be preserved.

Haw. const. art. II §4 (Registration; voting)

The legislature shall establish a campaign fund to be used for partial public financing of campaigns for public offices of the State and its political subdivisions, as provided by law. The legislature shall provide a limit on the campaign spending of candidates.

Haw. const. art. II §5 (Campaign fund)

The Attorney General (Randolph) who made the motion for the mandamus, having premised that it was done ex officio, without an application from any particular person, but with a view to procure the execution of an act of Congress, particularly interesting to a meritorious and unfortunate class of citizens, THE COURT declared that they entertained great doubt upon his right, under such circumstances, and in a case of this kind, to proceed ex officio; and directed him to state the principles on which he attempted to support the right. The Attorney General, accordingly, entered into an elaborate description of the powers and duties of his office: — But THE COURT being divided in opinion on that question, the motion, made ex officio, was not allowed. The Attorney General then changed the ground of his interposition, declaring it to be at the instance, ...and he entered into the merits of the case, upon the act of Congress, and the refusal of the Judges to carry it into effect. THE COURT observed, that they would hold the motion under advisement, until the next term; but no decision was ever pronounced, as the Legislature, at an an intermediate session, provided, in another way, for the relief of the pensioners

Hayburn's Case, 2 US 409 (1792)

"When executive agencies spend identifiable sums of tax money for religious purposes, no less than when Congress authorizes the same thing, taxpayers suffer injury. And once we recognize the injury as sufficient for Article III, there can be no serious question about the other elements of the standing inquiry: the injury is indisputably "traceable" to the spending, and "likely to be redressed by" an injunction prohibiting it. The plurality points to the separation of powers to explain its distinction between legislative and executive spending decisions, see ante, at 2569-2570, but there is no difference on that point of view between a Judicial Branch review of an executive decision and a judicial evaluation of a congressional one. We owe respect to each of the other branches, no more to the former than to the latter, and no one has suggested that the Establishment Clause lacks applicability to executive uses of money. It would surely violate the Establishment Clause for the Department of Health and Human Services to draw on a general appropriation to build a chapel for weekly church services (no less than if a statute required it), and for good reason: if the Executive could accomplish through the exercise of discretion exactly what Congress cannot do through legislation, Establishment Clause protection would melt away."

Hein v. Freedom from Religion Foundation, 551 US 587 (2007) (David Souter) *Alternative State Rule

A work that documents increasing reliance on central legal staffs in the various Court of Appeals

Hellman, Restructuring Justice: The Innovationsof the Ninth Circuit and the Future of the Federal Courts (1990)

Concluding that neither § 4(5) of the Carriage of Goods by Sea Act nor the parallel provisions of an ocean bill of lading, limiting the liability of an ocean "carrier" to a shipper to $500 per package of cargo, apply to, or limit the liability of, a negligent stevedore employed by a carrier to load cargo on its vessel.

Herd & Co. v. Krawill Machinery Corp., 359 U.S. 297 (1959) Holding

This item is a regression assumption violation

Heteroskedasticity

"For the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law,) four things are to be discerned and considered. First, what was the common law before the making of the Act. Second, what was the mischief and defect for which the common law did not provide. Third, what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth. And fourth, the true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico."

Heydon's Case [1584] Dicta

Concluding that petitioner's certiorari petition was not time barred under 28 U. S. C. §2101(c) or Sup. Ct. R. 13(3) and, that the Tax Injunction Act did not bar respondents' Establishment Clause claim against a state tax credit program supporting nonprofit organizations that make religion-based tuition grants.

Hibbs v. Winn, 542 U.S. 88 (2004) Holding

"Every lawyer dislikes to take the witness stand and will do so only for grave reasons. This is partly because it is not his role; he is almost invariably a poor witness. But he steps out of professional character to do it. He regrets it; the profession discourages it."

Hickman v. Taylor, 329 US 495 (1947) (Jackson, J., concurring)

Concluding that §144 of the 1996 Federal Agriculture Improvement and Reform Act did not exempt state milk pricing and pooling regulations from scrutiny under the Commerce Clause and, that petitioners' Privileges and Immunities Clause claim was not foreclosed simply because the state regulations did not facially discriminate on the basis of state citizenship or state residence.

Hillside Dairy Inc. v. Lyons, 539 US 59 (2003) Holding

"The Federal Trade Commission is an administrative body created by Congress to carry into effect legislative policies embodied in the statute in accordance with the legislative standard therein prescribed, and to perform other specified duties as a legislative or as a judicial aid. Such a body cannot in any proper sense be characterized as an arm or an eye of the executive. Its duties are performed without executive leave and, in the contemplation of the statute, must be free from executive control...the commission acts in part quasi-legislatively and in part quasi-judicially."

Humphrey's Executor v. United States, 295 US 602 (1935) (George Sutherland)

Concluding that under an 1891 statute, the National Government held title, in trust for the Coeur d'Alene Tribe, to lands underlying portions of Lake Coeur d'Alene and the St. Joe River.

Idaho v. United States, 533 US 262 (2001) Holding

Business Reputation

If a firm plans to register an individual with FINRA, it must investigate this item

Commodity Futures Trading Commission Form 8-T

If the individual has already registered with FINRA or another self-regulatory organization and the applicant has registered with a CFTC futures commissions merchant or introducing broker, the firm must review this item or demonstrate to FINRA that it has made reasonable efforts to do so

FRAP Ninth Circuit Rule 1-2

In cases where the Federal Rules of Appellate Procedure (FRAP) and the Rules of the United States Court of Appeals for the Ninth Circuit (Circuit Rules) are silent as to a particular matter of appellate practice, any relevant rule of the Supreme Court of the United States shall be applied

A work that documents criticism over Circuit rules preventing citation to unpublished opinions

Inequitable Injunctions: The Scandal of Private Judging in the US Courts, 56 Stan. L. Rev. (2004)

Linear Regression with One Independent Variable Regression Equation B0

Intercept

This item is a debt measure

Interest Coverage

Earnings Before Interest and Taxes/Interest Expense

Interest Coverage Equation

"Except as otherwise provided in this subtitle, gross income means all income from whatever source derived."

Internal Revenue Code §61(a)

"The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation."

International Harvester Co. v. Wisconsin Dept. of Taxation, 322 US 435 (1944) (Jackson, J., dissenting)

Sales/Inventory

Inventory Turnover Equation

Concluding that respondent was not a "person" who may sue under 42 U.S.C. § 1983.

Inyo County v. Paiute-Shoshone Indians of Bishop Community of Bishop Colony, 538 US 701 (2003) Holding

"This is not to say that the three branches are not co-ordinate parts of one government and that each in the field of its duties may not invoke the action of the two other branches in so far as the action invoked shall not be an assumption of the constitutional field of action of another branch. In determining what it may do in seeking assistance from another branch, the extent and character of that assistance must be fixed according to common sense and the inherent necessities of the governmental co-ordination...The same principle that permits Congress to exercise its rate making power in interstate commerce, by declaring the rule which shall prevail in the legislative fixing of rates, and enables it to remit to a rate-making body created in accordance with its provisions the fixing of such rates, justifies a similar provision for the fixing of customs duties on imported merchandise. If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to fix such rates is directed to conform, such legislative action is not a forbidden delegation of legislative power."

JW Hampton, Jr., & Co. v. United States, 276 US 394 (1928) (William Howard Taft)

IT WAS shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next place, to show that unless these departments be so far connected and blended as to give to each a constitutional control over the others, the degree of separation which the maxim requires, as essential to a free government, can never in practice be duly maintained.

James Madison, Federalist 48

A work that argues that the Constitution's provision for judicial tenure in office rules out any removal mechanism not specified in by the Constitution

James Pfander, Removing Federal Judges, 74 U. Chi. L. Rev. (2007)

Under the vested rights approach, if an action is not a tort at the place the tort occurred, the action cannot be brought in any other state (Please answer in Swedish)

Javisst

A corporation can adopt a contract expressly or implicitly (Please answer in Czech)

Jiste

"All constitutional acts of power, whether in the executive or in the judicial department, have as much legal validity and obligation as if they proceeded from the legislature; and therefore, whatever name be given to the power of making treaties, or however obligatory they may be when made, certain it is, that the people may, with much propriety, commit the power to a distinct body from the legislature, the executive, or the judicial."

John Jay, Federalist 64

Gerald Gunther

John Marshall's Defense of McCulloch v. Maryland (1969) Author

"Any assumption that evidence sufficient to support a magistrate's disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people's homes secure only in the discretion of police officers."

Johnson v. United States, 333 US 10 (1948) (Robert Jackson)

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."

Johnson v. United States, 333 US 10 (1948) (Robert Jackson)

The right of officers to thrust themselves into a home is...a grave concern, not only to the individual but to a society which chooses to dwell in reasonable security and freedom from surveillance. When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or government enforcement agent.

Johnson v. United States, 333 US 10 (1948) (Robert Jackson)

Concluding that 28 U.S.C. § 1658's four year statute of limitations covered petitioners' 42 U. S. C. § 1981 claims.

Jones v. RR Donnelley & Sons Co., 541 US 369 (2004) Holding

"We are bound to take the act of Parliament, as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws."

Jones v. Smart [1785] [Sir Francis Buller]

"The circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein."

Judiciary Act of 1789 §11

"That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favour of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a writ of error."

Judiciary Act of 1789 §25

"The laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply."

Judiciary Act of 1789 §34

A work that argues that the fact that most federal administrative decisions are directly reviewable by the Court of Appeals demonstrates that traditional thought about the federal judicial system lags behind reality. The result is that reconceptualization is needed to account for a fourth tier of federal adjudication.

Judith Resnik, Rereading The Federal Courts: Revising the Domain of Federal Courts Jurisprudence at the End of the Twentieth Century, 47 Vand. L.Rev. 1021 (1994)

"The Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection...But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."

Katz v. United States, 389 US 347 (1967) (Potter Stewart)

Concluding that petitioner was arrested within the meaning of the Fourth Amendment before his questioning and, that his confession had to be suppressed

Kaupp v. Texas, 538 US 626 (2003)

A work that documents the rejection of a proposal in the Constitutional Convention prohibiting salary increases for federal judges

Keith Rosenn, The Constitutional Guaranty Against Diminution of Judicial Compensation, 24 UCLA L. Rev. (1976)

Concluding that ERISA did not pre-empt two state "Any Willing Provider" statutes regulating health insurance.

Kentucky Assn. of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003) Holding

A work that provides a history of the 1970 DC Court Reorganization Act

Kern, The District of Columbia Court Reorganization Act of 1970: A Dose of the Conventional wisdom and a Dash of Innovation, 20 Am. U. L. Rev. (1970)

"It is also essential to the successful working of this system that the persons intrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to the others, but that each shall by the law of its creation be limited to the exercise of the powers appropriate to its own department and no other."

Kilbourn v. Thompson, 103 US 168 (1881) (Samuel Miller)

Concluding that, under Federal Rule of Bankruptcy Procedure 4004, a debtor forfeits the right to rely on the Rule if the debtor does not raise the Rule's time limitation before the bankruptcy court reaches the merits of the creditor's objection to discharge.

Kontrick v. Ryan, 540 U.S. 443 (2004) Holding

"At oral argument the government acknowledged the exceptional circumstances involved and the injustice suffered by petitioner and other Japanese-Americans. See also Response at 2-3. Moreover, there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. The information was critical to the court's determination, although it cannot now be said what result would have obtained had the information been disclosed. Because the information was of the kind peculiarly within the government's knowledge, the court was dependent upon the government to provide a full and accurate account....The judicial process is seriously impaired when the government's law enforcement officers violate their ethical obligations to the court. ... In accordance with the foregoing, the petition for a writ of coram nobis is granted and the counter-motion of the respondent is denied.

Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984) (Marilyn Patel)

Concluding that 8 U.S.C. §1252(a)(2)(B)(ii) which provides that "no court has jurisdiction to review" any decision that is under the discretion of the BIA does not bar judicial review for both administrative decisions made discretionary by statute and those made discretionary by regulation

Kucana v. Holder, 558 US 233 (2010) Holding

A work that argues that it was widely understood in the 1780s and 1790s that judicial nullification should occur only in cases of plain unconstitutionality.

Larry Kramer, Putting the Politics Back into the Political Safeguards of Federalism, 100 Colum. L. Rev. (2000)

This item is a debt measure

Leverage

Total Debt/Total Equity

Leverage Equation

Concluding that, under the 8th Amendment, the death penalty must be subject to suspension by the sentencing authority after a constitutionally required consideration of all mitigating factors

Lockett v. Ohio, 438 US 586 (1978) Holding

Concluding that the Ninth Circuit erred in ruling that a state Court of Appeals decision affirming respondent's two consecutive terms of 25 years to life in prison for a third strike conviction was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Eighth Amendment.

Lockyer v. Andrade, 538 US 63 (2003) Holding

Concluding that 18 U. S. C. § 3621 provides the Bureau of Prisons with authority to categorically deny consideration for eligibility for early release to prisoners whose current offense is a felony attended by "the carrying, possession, or use of a firearm."

Lopez v. Davis, 531 US 230 (2001) Holding

Concluding that state AG regulations governing outdoor and point-of-sale advertising of cigarettes were preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA) and, that state outdoor advertising regulation prohibiting smokeless tobacco or cigar advertising within a 1,000-foot radius of a school or playground and restricting indoor, point-of-sale advertising for smokeless tobacco and cigars violate the First Amendment's Free Speech Clause

Lorillard Tobacco Co. v. Reilly, 533 US 525 (2001) Holding

When it comes to Hypothesis Tests on Regression Coefficients, the p value for each regression coefficient is this item

Lowest Level of Significance at which One Can Reject the Null Hypothesis that the Population Value of the Coefficient is Zero, in a Two-Sided Test

"First, the plaintiff must have suffered an "injury in fact"—an invasion of a legally protected interest which is (a) concrete and particularized, see id., at 756; Warth v. Seldin, 422 U. S. 490, 508 (1975); Sierra Club v. Morton, 405 U. S. 727, 740-741, n. 16 (1972);[1] and (b) "actual or imminent, not `conjectural' or `hypothetical,' " Whitmore, supra, at 155 (quoting Los Angeles v. Lyons, 461 U. S. 95, 102 (1983)). Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be "fairly. . . trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the court." Simon v. Eastern Ky. Welfare 561*561 Rights Organization, 426 U. S. 26, 41-42 (1976). Third, it must be "likely," as opposed to merely "speculative," that the injury will be "redressed by a favorable decision."

Lujan v. Defenders of Wildlife, 504 US 555 (Antonin Scalia)

"To prevent Congress from conferring standing for "procedural injuries" is another way of saying that Congress may not delegate to the courts authority deemed "executive" in nature. Ante, at 577 (Congress may not "transfer from the President to the courts the Chief Executive's most important constitutional duty, to `take Care that the Laws be faithfully executed,' Art. II, § 3"). Here Congress seeks not to delegate "executive" power but only to strengthen the procedures it has legislatively mandated. "We have long recognized that the nondelegation doctrine does not prevent Congress from seeking assistance, within proper limits, from its coordinate Branches." Touby v. United States, 500 U. S. 160, 165 (1991). "Congress does not violate the Constitution merely because it legislates in broad terms, leaving a certain degree of discretion to executive or judicial actors. " Ibid. (emphasis added). 605*605 Ironically, this Court has previously justified a relaxed review of congressional delegation to the Executive on grounds that Congress, in turn, has subjected the exercise of that power to judicial review. INS v. Chadha, 462 U. S. 919, 953-954, n. 16 (1983); American Power & Light Co. v. SEC, 329 U. S., at 105-106. The Court's intimation today that procedural injuries are not constitutionally cognizable threatens this understanding upon which Congress has undoubtedly relied. In no sense is the Court's suggestion compelled by our "common understanding of what activities are appropriate to legislatures, to executives, and to courts." Ante, at 560. In my view, it reflects an unseemly solicitude for an expansion of power of the Executive Branch."

Lujan v. Defenders of Wildlife, 504 US 555 (Harry Blackmun) *Alternative State Rule

ANOVA Table for Simple Linear Regression (k =1) Error (Explained) Mean Sum of Squares

MSE = SSE/(n - 2)

Judicial review of a labor-arbitration decision pursuant to such an agreement is very limited. Courts are not authorized to review the arbitrator's decision on the merits despite allegations that the decision rests on factual errors or misinterprets the parties' agreement...We recently reiterated that if an "`arbitrator is even arguably construing or applying the contract and acting within the scope of his authority,' the fact that `a court is convinced he committed serious error does not suffice to overturn his decision....It is only when the arbitrator strays from interpretation and application of the agreement and effectively "dispense[s] his own brand of industrial justice" that his decision may be unenforceable...When an arbitrator resolves disputes regarding the application of a contract, and no dishonesty is alleged, the arbitrator's "improvident, even silly, fact finding" does not provide a basis for a reviewing court to refuse to enforce the award."

Major League Baseball Players Assn. v. Garvey, 532 US 504 (2001) (Per Curiam)

Concluding that the Ninth Circuit erred in reversing a District Court's denial of an MLB player's motion to vacate an arbitration award and directing the arbitrator to enter judgment in favor of the player after denying his claim

Major League Baseball Players Assn. v. Garvey, 532 US 504 (2001) Holding

Peter Raven Hansen

Making Agencies Follow Orders: Judicial Review of Agency Violations of Executive Order 12,291, 1983 Duke L.J. 285 Author

Concluding that the Fifth Amendment's prohibition on compulsory self-incrimination applies to the states via the Fourteenth Amendment's Due Process Clause

Malloy v. Hogan, 378 US 1 (1964) Holding

"This law was doubtless intended as a guide to persons desiring to petition the legislature for special privileges...but it is not binding upon any subsequent legislature."

Manigault v. Springs, 199 US 473 (1905) (Henry Brown)

"Having once recognized that the right to privacy embodied in the Fourth Amendment is enforceable against the States, and that the right to be secure against rude invasions of privacy by state officers is, therefore, constitutional in origin, we can no longer permit that right to remain an empty promise. Because it is enforceable in the same manner and to like effect as other basic rights secured by the Due Process Clause, we can no longer permit it to be revocable at the whim of any police officer who, in the name of law enforcement itself, chooses to suspend its enjoyment. Our decision, founded on reason and truth, gives to the individual no more than that which the Constitution guarantees him, to the police officer no less than that to which honest law enforcement is entitled, and, to the courts, that judicial integrity so necessary in the true administration of justice."

Mapp v. Ohio, 367 US 643 (1961) (Tom Clark)

"Those who apply the rule to particular cases, must of necessity expound and interpret that rule."

Marbury v. Madison, 5 US 137 (1803) (John Marshall)

This item is a market value measure

Market Value Added

Market Value - Invested Capital

Market Value Added Equation

This item is a market value measure

Market to Book

Market Price Per Share/Book Value Per Share

Market to Book Equation

"The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what is to be taken, nothing is left to the discretion of the officer executing the warrant."

Marron v. United States, 275 US 192 (1927) (Pierce Butler)

"The constitution has presumed (whether rightly or wrongly we do not inquire) that state attachments, state prejudices, state jealousies, and state interests, might sometimes obstruct, or control, or be supposed to obstruct or control, the regular administration of justice. This is not all. A motive of another kind, perfectly compatible with the most sincere respect for state tribunals, might induce the grant of appellate power over their decisions. That motive is the importance, and even necessity of uniformity of decisions 348*348 throughout the whole United States, upon all subjects within the purview of the constitution. Judges of equal learning and integrity, in different states, might differently interpret a statute, or a treaty of the United States, or even the constitution itself: If there were no revising authority to control these jarring and discordant judgments, and harmonize them into uniformity, the laws, the treaties, and the constitution of the United States would be different in different states, and might, perhaps, never have precisely the same construction, obligation, or efficacy, in any two states. The public mischiefs that would attend such a state of things would be truly deplorable; and it cannot be believed that they could have escaped the enlightened convention which formed the constitution. What, indeed, might then have been only prophecy, has now become fact; and the appellate jurisdiction must continue to be the only adequate remedy for such evils."

Martin v. Hunter's Lessee, 14 US 304 (1816) (Joseph Story)

Nor can such a right be deemed to impair the independence of state judges. It is assuming the very ground in controversy to assert that they possess an absolute independence of the United States. In respect to the powers granted to the United States, they are not independent; they are expressly bound to obedience by the letter of the constitution; and if they should unintentionally transcend their authority, or misconstrue the constitution, there is no more reason for giving their judgments an absolute and irresistible force, than for giving it to the acts of the other co-ordinate departments of state sovereignty. As to the first reason — admitting that the judges of the state courts are, and always will be, of as much learning, integrity, and wisdom, as those of the courts of the United States, (which we very cheerfully admit,) it does not aid the argument. It is manifest that the constitution has proceeded upon a theory of its own, and given or withheld 347*347 powers according to the judgment of the American people, by whom it was adopted."

Martin v. Hunter's Lessee, 14 US 304 (1816) (Joseph Story)

"A litigant to whom Congress has "accorded a procedural right to protect his concrete interests," id., at 572, n. 7, 112 S.Ct. 2130 — here, the right to challenge agency action unlawfully withheld, § 7607(b)(1) — "can assert that right without meeting all the normal standards for redressability and immediacy," ibid. When a litigant is vested with a procedural right, that litigant has standing if there is some possibility that the requested relief will prompt the injury-causing party to reconsider the decision that allegedly harmed the litigant.

Massachusetts v. EPA, 549 US 497 (John Paul Stevens)

Concluding that a suit by an individual, as a past and future federal taxpayer, to restrain the enforcement of an act of Congress authorizing appropriations of public money, upon the ground that an act is invalid, could not be entertained in equity.

Massachusetts v. Mellon, 262 US 447 (1923) (George Sutherland Opinion Conclusion)

"In modern statutes it has become increasingly common to set forth the purpose in elaborate detail in the preamble. This, it may be well to add, is far from being an innovation. At all times in English history it was extremely common practice, notable examples of which are the Statute Quia Emptores and the Statute of Uses. but old or new, the practice gives us a fairly definite notion of what the statute means to accomplish."

Max Radin, A Short Way with Statutes, 56 Harv. L. Rev. (1942)

Concluding that the Treasury Department can categorically exclude all medical residents who meet the Federal Insurance Contributions Act's definition of student and who would be subject to the Federal Insurance Contributions Act student exemption from a refund of taxes on payments made to doctors in their residency under 26 U.S.C. § 3121.

Mayo Found. for Med. Educ. & Res. v. US, 562 US 44 (2011) Holding

Concluding that DDC erred in invalidating §504 as facially violative of the First Amendment

McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003) Holding (with respect to Title V)

Affirming DDC's judgment upholding BCRA §§323(e), 323(f), 202, and 214 as well as FECA §304, 316(b)(2), and 316(c)(6) but reversing the court's judgment invalidating BCRA §§323(a), 323(b), and 323(d) and FECA §§304(f)(5) and 316(b)(2). The Court also affirmed DDC's judgment invalidating BCRA §213.

McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003) Holding (with respect to Titles I and II)

Concluding that petitioners lacked Article III standing to challenge BCRA §§ 305, 307, 304, 316, and 319 and, affirming DDC's decision upholding BCRA §311's expansion of FECA §318(a) to include mandatory electioneering-communications-disbursements disclosure.

McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003) Holding (with respect to Titles III and IV)

"It is a sound rule, that whenever our Legislature use a term without defining it, which is well known in the English law, and there has been a definite appropriate meaning affixed to it, they must be supposed to use it in the sense in which it is understood in the English law."

McCool v. Smith, 66 US 459 (1862) (Noah Swayne)

Dismissed due to removal of petition by petitioner

Medical Board of California v. Hason, 538 U.S. 835 (2003) Result

"Joint adventurers, like copartners, owe to one another, while the enterprise continues, the duty of the finest loyalty. Many forms of conduct permissible in a workaday world for those acting at arm's length, are forbidden to those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior. As to this there has developed a tradition that is unbending and inveterate. Uncompromising rigidity has been the attitude of courts of equity when petitioned to undermine the rule of undivided loyalty by the "disintegrating erosion" of particular exceptions...Only thus has the level of conduct for fiduciaries been kept at a level higher than that trodden by the crowd. It will not consciously be lowered by any judgment of this court."

Meinhard v. Salmon 249 NY 458 (1928) (Benjamin Cardozo)

Concluding that the Fair Housing Act imposes vicarious liability on a residential real estate corporation for the unlawful activity of the corporation's employees or agents but not on the corporation's officers or owners.

Meyer v. Holley, 537 US 280 (2003) Holding

"A COA will issue only if the requirements of § 2253 have been satisfied. "The COA statute establishes procedural rules and requires a threshold inquiry into whether the circuit court may entertain an appeal."... As the Court of Appeals observed in this case, § 2253(c) permits the issuance of a COA only where a petitioner has made a "substantial showing of the denial of a constitutional right." In Slack, we recognized that Congress codified our standard, announced in Barefoot v. Estelle, 463 U. S. 880 (1983), for determining what constitutes the requisite showing. Under the controlling standard, a petitioner must "sho[w] that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were `adequate to deserve encouragement to proceed further.'"

Miller-El v. Cockrell, 537 US 322 (2003) (Anthony Kennedy)

"Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years. But just as the inconvenience of some cannot be allowed to stand in the way of the rights of others, so public opposition, no matter how strident, cannot be permitted to divert this Court from the enforcement of the constitutional principles at issue in this case. Today's holding, I fear, is more a reflection of a perceived public mood that we have gone far enough in enforcing the Constitution's guarantee of equal justice than it is the product of neutral principles of law. In the short run, it may seem to be the easier course to allow our great metropolitan areas to be divided up each into two cities—one white, the other black—but it is a course, I predict, our people will ultimately regret. I dissent."

Milliken v. Bradley, 418 US 717 (1974) (Marshall, J., dissenting)

"It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions. But it is equally important that ambiguous or obscure adjudications by state courts do not stand as barriers to a determination by this Court of the validity under the federal constitution of state action. Intelligent exercise of our appellate powers compels us to ask for the elimination of the obscurities and ambiguities from the opinions in such cases."

Minnesota v. National Tea Co., 309 US 551 (1940) (William Douglas)

Concluding that the rule from Oregon v. Elstad, 470 U. S. 298 (1985), allowing a defendant who has made an un-Mirandized confession to later waive her or his Miranda rights to make a second, admissible confession, does not apply when the initial confession is the result of an intentional decision by a police officer to withhold Miranda warnings.

Missouri v. Seibert, 542 US 600 (2004) Plurality Opinion Conclusion

Concluding that the Sixth Circuit erred in holding that a state Court of Appeals decision finding that respondent's Eighth Amendment claim was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Eighth Amendment.

Mitchell v. Esparza, 540 US 12 (2003) Per Curiam Opinion Conclusion

"Congressional silence as to mental elements in an Act merely adopting into federal statutory law a concept of crime already so well defined in common law and statutory interpretation by the states may warrant quite contrary inferences than the same silence in creating an offense new to general law, for whose definition the courts have no guidance except the Act. Where Congress borrows terms of art in which are accumulated the legal tradition and meaning of centuries of practice, it presumably knows and adopts the cluster of ideas that were attached to each borrowed word in the body of learning from which it was taken and the meaning its use will convey to the judicial mind unless otherwise instructed."

Morissette v. United States, 342 US 246 (1952) (Robert Jackson)

Concluding that Heck v. Humphrey 512 U.S. 477 (1994) does not require prisoners raising 42 U.S.C. §1983 claims that challenge prison disciplinary proceedings to first exhaust federal and state opportunities to challenge the underlying conviction or sentence where the §1983 action's success would not implicitly question the validity of her or his conviction or sentence length.

Muhammad v. Close, 540 US 749 (2004) Per Curiam Opinion Conclusion

The standard of care imposed by the business judgment rule can be stricter if the director is trained in a given profession and the director learns of facts that would make someone who is trained in the field suspicious (Please answer in Estonian)

Muidugi

The standard of care imposed by the business judgment rule can differ based on lack director knowledge or other undesirable director traits (Please answer in Estonian)

Muidugi Mitte

Under the business judgment rule directors can be found liable for failing to detect wrongdoing by officers of employees (Please answer in Estonian)

Muidugi Mitte

"Differentiated by these matters from the other sex, she is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men and could not be sustained."

Muller v. Oregon, 208 US 412 (1908) (David Brewer)

Concluding that the District Court erred in dismissing counterclaims seeking an affirmative judgment for $1,634,432 on defaulted treasury notes because the respondent could not claim soverign immunity as a defense

National City Bank of NY v. Republic of China, 348 US 356 (1955) Holding

"It is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans."

National Environment Policy Act of 1969 §101(a)

"Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and. other conditions of employment, approved or. prescribed by the President."

National Industrial Recovery Act §7(a)

"Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees."

National Labor Relations Act §1

"It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection."

National Labor Relations Act §1

"Words are not pebbles in alien juxtaposition; they have only a communal existence; and not only does the meaning of each interpenetrate the other, but all in their aggregate take their purport from the setting in which they are used, of which the relation between the speaker and the hearer is perhaps the most important part."

National Labor Relations Board v. Federbush Co., 121 F. 2d 954 (2d Cir. 1941) (Learned hand)

"Ripeness is a justiciability doctrine designed "to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements over administrative policies, and also to protect the agencies from judicial interference until an administrative decision has been formalized and its effects felt in a concrete way by the 808*808 challenging parties."...The ripeness doctrine is "drawn both from Article III limitations on judicial power and from prudential reasons for refusing to exercise jurisdiction,"...but, even in a case raising only prudential concerns, the question of ripeness may be considered on a court's own motion. Determining whether administrative action is ripe for judicial review requires us to evaluate (1) the fitness of the issues for judicial decision and (2) the hardship to the parties of withholding court consideration...."Absent [a statutory provision providing for immediate judicial review], a regulation is not ordinarily considered the type of agency action `ripe' for judicial review under the [Administrative Procedure Act (APA)] until the scope of the controversy has been reduced to more manageable proportions, and its factual components fleshed out, by some concrete action applying the regulation to the claimant's situation in a fashion that harms or threatens to harm him. (The major exception, of course, is a substantive rule which as a practical matter requires the plaintiff to adjust his conduct immediately....)"

National Park Hospitality Assn. v. Department of Interior, 538 US 803 (2003) (Clarence Thomas)

Mistake of fact or law is a valid defense to a conversion claim (Please answer in German)

Naturlich Nicht

Generally consent is a valid defense even if the consent was procured by fraud (Please answer in Dutch)

Natuurlijk Niet

For the purpose of voting, no person shall be deemed to have gained or lost a residence solely by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a student of any institution of learning; nor while kept at any charitable institution or medical facility at public expense; nor while confined in any public prison.

Nev. const. art. 2 §2 (When residence not gained or lost)

"During the day on which any General Election shall be held in this State no qualified elector shall be arrested by virtue of any civil process."

Nev. const. art. 2 §4 (Privilege of qualified electors on general election day)

"All persons qualified by law to vote for representatives to the General Assembly of the Territory of Nevada, on the twenty first day of March A.D. Eighteen hundred and sixty four and all other persons who may be lawful voters in said Territory on the first Wednesday of September next following, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution."

Nev. const. art. 2 §8 (Qualifications of voters on adoption or rejection of constitution)

"Every public officer in the State of Nevada is subject, as herein provided, to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. For this purpose, not less than twenty-five percent (25%) of the number who actually voted in the state or in the county, district, or municipality which he represents, at the election in which he was elected, shall file their petition, in the manner herein provided, demanding his recall by the people. They shall set forth in said petition, in not exceeding two hundred (200) words, the reasons why said recall is demanded. If he shall offer his resignation, it shall be accepted and take effect on the day it is offered, and the vacancy thereby caused shall be filled in the manner provided by law. If he shall not resign within five (5) days after the petition is filed, a special election shall be ordered to be held within thirty (30) days after the issuance of the call therefor, in the state, or county, district, or municipality electing said officer, to determine whether the people will recall said officer. On the ballot at said election shall be printed verbatim as set forth in the recall petition, the reasons for demanding the recall of said officer, and in not more than two hundred (200) words, the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be finally declared. Other candidates for the office may be nominated to be voted for at said special election. The candidate who shall receive highest number of votes at said special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed, or another. The recall petition shall be filed with the officer with whom the petition for nomination to such office shall be filed, and the same officer shall order the special election when it is required. No such petition shall be circulated or filed against any officer until he has actually held his office six (6) months, save and except that it may be filed against a senator or assemblyman in the legislature at any time after ten (10) days from the beginning of the first session after his election. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall pay into the public treasury from which the expenses of said special election have been paid, the whole amount paid out of said public treasury as expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law."

Nev. const. art. 2 §9 (Recall of public officers: Procedure and limitations)

"The powers of the Government of the State of Nevada shall be divided into three separate departments, — the Legislative, — the Executive and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases expressly directed or permitted in this constitution. If the legislature authorizes the adoption of regulations by an executive agency which bind persons outside the agency, the legislature may provide by law for: (a) The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption; (b) The suspension by a legislative agency of any such regulation which appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate and Assembly which is authorized to act on behalf of both houses of the legislature; and (c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.

Nev. const. art. 3 §1 (Three separate departments; separation of powers; legislative review of administrative regulations)

Any person who shall be convicted of the embezzlement, or defalcation of the public funds of this State or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State; and the Legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony.

Nev. const. art. 4 §10 (Embezzler of public money ineligible for office; disqualification for bribery)

In case of the death or resignation of any member of the legislature, either senator or assemblyman, the county commissioners of the county from which such member was elected shall appoint a person of the same political party as the party which elected such senator or assemblyman to fill such vacancy; provided, that this section shall apply only in cases where no biennial election or any regular election at which county officers are to [be] elected takes place between the time of such death or resignation and the next succeeding session of the legislature.

Nev. const. art. 4 §12 (Vacancy)

A majority of all the members elected to each House shall constitute a quorum to transact business, but a smaller number may adjourn, from day to day and may compel the attendance of absent members, in such manner, and under such penalties as each house may prescribe[.]

Nev. const. art. 4 §13 (Quorum; compelling attendance)

"The sessions of the Legislature shall be biennial, and shall commence on the 1st Monday of February following the election of members of the Assembly, unless the Governor of the State or the members of the Legislature shall, in the interim, convene the Legislature by proclamation or petition. The Legislature shall adjourn sine die each regular session not later than midnight Pacific time at the end of the 120th consecutive calendar day of that session, inclusive of the day on which that session commences. Any legislative action taken after midnight Pacific time at the end of the 120th consecutive calendar day of that session is void, unless the legislative action is conducted during a special session. The Governor shall submit the proposed executive budget to the Legislature not later than 14 calendar days before the commencement of each regular session. For the purposes of this section, "midnight Pacific time" must be determined based on the actual measure of time that, on the final calendar day of the session, is being used and observed by the general population as the uniform time for the portion of Nevada which lies within the Pacific time zone, or any legal successor to the Pacific time zone, and which includes the seat of government of this State as designated by Section 1 of Article 15 of this Constitution. The Legislature and its members, officers and employees shall not employ any device, pretense or fiction that adjusts, evades or ignores this measure of time for the purpose of extending the duration of the session."

Nev. const. art. 4 §2 (Biennial sessions of Legislature: Commencement; limitation on duration; void actions; submission of proposed executive budget.)

"The members of the Assembly shall be chosen biennially by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November and their term of Office shall be two years from the day next after their election. No person may be elected or appointed as a member of the Assembly who has served in that Office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this State."

Nev. const. art. 4 §3 (Members of assembly: Election and term of office; eligibility for office)

Senators shall be chosen at the same time and places as members of the Assembly by the qualified electors of their respective districts, and their term of Office shall be four years from the day next after their election. No person may be elected or appointed as a Senator who has served in that Office, or at the expiration of his current term if he is so serving will have served, 12 years or more, from any district of this State.

Nev. const. art. 4 §4 (Senators: Election and term of office; eligibility for office)

Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of Senators shall not be less than one-third nor more than one-half of that of the members of the Assembly. It shall be the mandatory duty of the Legislature at its first session after the taking of the decennial census of the United States in the year 1950, and after each subsequent decennial census, to fix by law the number of Senators and Assemblymen, and apportion them among the several counties of the State, or among legislative districts which may be established by law, according to the number of inhabitants in them, respectively.

Nev. const. art. 4 §5 (Number of Senators and members of Assembly; apportionment)

Each House shall judge of the qualifications, elections and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings and may punish its members for disorderly conduct, and with the concurrence of two thirds of all the members elected, expel a member.

Nev. const. art. 4 §6 (Power of houses to judge qualifications, elections and returns of members; selection of officers; rules of proceedings; punishment of members)

No Senator or member of Assembly shall, during the term for which he shall have been elected, nor for one year thereafter be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased during such term, except such office as may be filled by elections by the people.

Nev. const. art. 4 §8 (Senators and members of Assembly ineligible for certain offices)

No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed Five Hundred dollars per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office.

Nev. const. art. 4 §9 (Federal officers ineligible for state office; exceptions)

No bill of attainder, ex-post-facto law, or law impairing the obligation of contracts shall ever be passed.

Nev. const. art. I §15 (Bill of attainder; ex post facto law; obligation of contract)

"The most common example of an overbreath attack arises under the first amendment when a litigant whose speech may not itself be constitutionally protected claims that the relevant statute must be struck down because it could be applied to restrict speech that cannot constitutionally be burdened. Thus, overbreath attacks involve both the application of the challenged law to the claimant and a different, hypothetical application of the law to third parties. Quite different from this sort of third party claim is an assertion of jus tertii - a litigant's claim that a single application of a law both injures [her or] him and impinges upon the constitutional rights of third persons."

Note, Standing to Assert Constitutional Jus Tertii, 88 Harv. L. Rev. (1974)

Concluding that Article XV of the Agreement in Implementation of Article III of the Panama Canal Treaty applied only to Panamanian taxes and did not allow United States citizen employees of the Panama Canal Commission and their spouses to claim refunds of United States income taxes collected on salaries paid by the Commission for certain years

O'Connor v. United States, 479 US 27 (1986) Holding

Concluding that a witness who claims no involvement in a crime can assert the Fifth Amendment privilege against self-incrimination

Ohio v. Reiner, 532 US 17 (2001) Holding

"As a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire-tapping."

Olmstead v. United States, 277 US 438 (1928) (Louis Brandeis)

"It is desirable that criminals should be detected, and to that end that all available evidence should be used. It also is desirable that the Government should not itself foster and pay for other crimes, when they are the means by which the evidence is to be obtained."

Olmstead v. United States, 277 US 438 (1928) (Oliver Wendell Holmes Jr.)

Concluding that the "accident" condition precedent to air carrier liability under Article 17 of the Warsaw Convention is satisfied when a carrier's unusual and unexpected refusal to assist a passenger is a link in a causation chain that results in normal aircraft cabin conditions aggravating a passenger's pre-existing medical condition.

Olympic Airways v. Husain, 540 US 644 (2004) Justice Thomas Opinion Conclusion

"We see no justification in the statutory language or our precedents for a categorical rule excluding same-sex harassment claims from the coverage of Title VII. As some courts have observed, male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII. But statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed."

Oncale v. Sundowner Offshore Services, Inc., 523 US 75 (1998) (Antonin Scalia)

Concluding that a federal court may not award injunctive relief against state officials on the basis of state law under pendent jurisdiction.

Pennhurst State School and Hospital v. Halderman, 465 US 89 (1984) Holding

"A law is the best expositor of itself"

Pennington v. Coxe, 6 U.S. 33 (1804) (John Marshall)

"The fact that a statute can be applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Pennsylvania Dept. of Corrections v. Yeskey, 524 US 206 (1998) (Antonin Scalia)

Concluding that, to establish a hostile work environment in a Title VII action, a claimant must show harassing behavior sufficiently severe or pervasive to alter the conditions of their employment. Here, to prove the existence of a constructive discharge, the claimant must also demonstrate that the abusive working environment became so intolerable that her or his resignation qualified as a fitting response. An employer may defend against such a claim by showing both that it had installed a readily accessible and effective policy for reporting and resolving complaints of harassment and that the claimant unreasonably failed to avail herself or himself of the employer system. This affirmative defense is not available to the employer, though, if the claimant quits in reasonable response to an employer-sanctioned adverse action officially changing her or his employment status or situation.

Pennsylvania State Police v. Suders, 542 US 129 (2004) Justice Ginsburg Opinion Conclusion

Equity is this item

Perpetual

"There are two well-settled categories of repeals by implication — (1) where provisions in the two acts are in irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one; and (2) if the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will operate similarly as a repeal of the earlier act."

Posadas v. National City Bank, 296 US 497 (1936) (George Sutherland)

In the Cost of Capital Equation, Wps is this item

Preferred Share Percentage

This item is a type of equity security

Preferred Stock

This item is a type of security

Preferred Stock

This item is a market value measure

Price to Book

Market Price Per Share/Book Value Per Share

Price to Book Equation

"It is an axiom of our jurisprudence. The Government is not liable to suit unless it consents thereto, and its liability in suit cannot be extended beyond the plain language of the statute authorizing it."

Price v. United States, 174 US 373 (1899) (David Brewer)

Concluding that the working owner of a business can qualify as a "participant" in a pension plan covered by ERISA

Raymond B. Yates, MD, PC Profit Sharing Plan v. Hendon, 541 US 1 (2004) Justice Ginsburg Opinion Conclusion

Concluding that the Ninth Circuit erred in applying disparate-impact analysis in a disparate-treatment ADA case where it held that petitioner's unwritten policy violated the ADA by refusing to rehire a rehabilitated employee who was lawfully forced to resign for illegal drug use and violating personal conduct rules.

Raytheon Co. v. Hernandez, 540 US 44 (2003) Justice Thomas Opinion Conclusion

Norma Basch

Reconstructing Female Citizenship: Minor v. Happersett, in The constitution, Law, and American Life: Critical Aspects of the Nineteenth-Century Experience (1992)

"The question, however, is not what Congress "would have wanted" but what Congress enacted."

Republic of Argentina v. Weltover, Inc., 504 US 607 (1992) (Antonin Scalia)

If an offer for a unilateral contract is made, and part of the consideration requested in the offer is given or tendered by the offeree in response thereto, the offeror is bound by a contract, the duty of immediate performance of which is conditional on the full consideration being given or tendered within the time stated in the offer, or, if no time is stated therein, within a reasonable time.

Restatement of Contracts § 45 (1932)

"We are bound to operate within the framework of the words chosen by Congress and not to question the wisdom of the latter in the process of construction."

Richards v. United States, 369 US 1 (1962) (Earl Warren)

Concluding that a grandson that murdered his grandfather to prevent the grandfather from making changes to his will could inherit nothing under the will

Riggs v Palmer, 22 N.E. 188 (N.Y. 1889) Holding

"The proceedings by which this conviction was obtained do more than offend some fastidious squeamishness or private sentimentalism about combatting crime too energetically. This is conduct that shocks the conscience. Illegally breaking into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach's contents—this course of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities. They are methods too close to the rack and the screw to permit of constitutional differentiation."

Rochin v. California, 342 US 165 (1952) (Felix Frankfurter)

Sample Regression with Two Independent Variables First Independent Variable X1 Standard Error: ?

SBHat1

Sample Regression with Two Independent Variables Second Independent Variable X2 Standard Error: ?

SBHat2

It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails (a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.

SEC Rule 10b-5

"The Court's reasoning adds up to this: The Commission must be sustained because of its accumulated experience in solving a problem with which it had never before been confronted!...I give up. Now I realize fully what Mark Twain meant when he said, "The more you explain it, the more I don't understand it."

SEC v. Chenery Corp., 332 US 194 (1947) (Jackson, J., dissenting)

Concluding that under 15 U. S. C. § 77b(a)(1) and 15 U. S. C. § 78c(a)(10), an investment scheme promising a fixed rate of return can be an "investment contract" and thus a "security" subject to the federal securities laws.

SEC v. Edwards, 540 U.S. 389 (2004) Justice O'Connor Opinion Conclusion

"An investment contract for purposes of the Securities Act means a contract, transaction or scheme whereby a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party...It embodies a flexible rather than a static principle, one that is capable of adaptation to meet the countless and variable schemes devised by those who seek the use of the money of others on the promise of profits."

SEC v. WJ Howey Co., 328 US 293 (1946) (Frank Murphy)

"The denunciation...[legitimates] government by legally trained elites, speaking an evermore esoteric language. [James] Madison's call in The Federalist for veneration of the Constitution has triumphed over Jefferson's plea for recurrent consideration of its utility and potential defects."

Sanford Levinson, Could Meese Be Right This Time? 61 Tul. L. Rev. 1071 (1987)

Affirming the Pennsylvania Supreme Court's judgment that neither the Fifth Amendment's Double Jeopardy Clause nor the Fourteenth Amendment's Due Process Clause barred respondent from seeking the death penalty on retrial after a jury was unable to agree on a sentence and a statutory life sentence for murder was imposed.

Sattazahn v. Pennsylvania, 537 US 101 (2003) Holding

Concluding that the reasonableness inquiry into claims of qualified immunity by a police officer accused of using excessive force in an arrest is not the same as the reasonableness inquiry on the merits of the excessive-force claim

Saucier v. Katz, 533 US 194 (2001) Holding

Concluding that a timely fee application submitted under 28 U. S. C. § 2412(d) may be amended after the 30-day filing period has run to cure an initial failure to allege that the Government's position in the underlying litigation lacked substantial justification.

Scarborough v. Principi, 541 US 401 (2004) Justice Ginsburg Opinion Conclusion

"It is by no means clear that a strained interpretation of a federal statute that avoids constitutional questions is any less a judicial intrusion than the judicial invalidation on constitutional grounds of a less strained interpretation of the same statute."

Schauer, Ashwander Revisited, 1995 Sup. Ct. Rev.

Concluding that petitioners did not commit extortion within the meaning of the Hobbs Act and, reversing the Seventh Circuit's judgment that petitioners violated RICO.

Scheidler v. National Organization for Women, Inc., 537 US 393 (2003) Holding

Concluding that a suit involving government contracting with a third party for work to be performed through unauthorized use of the petitioner's patent could not lie in the court of Claims because the suit sounded in tort and not upon any contract with the government

Schillinger v. United States, 155 US 163 (1894) Holding

Concluding that respondents lacked taxpayer standing under Article III to raise an Incompatibility Clause challenge to congressional membership in the armed forces reserve.

Schlesinger v. Reservists Comm. to Stop the War, 418 US 208 (1974) (Chief Justice Burger Opinion Conclusion)

In Flast v. Cohen, 392 U.S. 83 (1968), the Court concluded that petitioners had standing to "sue for two reasons. First, because they challenged the exercise of congressional power under the Taxing and Spending Clause of Art. I, § 8, of the Constitution, not the incidental expenditure of tax funds in the administration of an essentially regulatory statute. Second, because the challenged enactment exceeded the limitations imposed upon the exercise of the congressional taxing and spending power. ... Article I, § 6, cl. 2, is often referred to as the Incompatibility Clause...[That provision] like the Establishment Clause of the First Amendment, "was designed as a specific bulwark against such potential abuses . . . and . . . operates as a specific constitutional limitation upon" such expenditures."

Schlesinger v. Reservists Comm. to Stop the War, 418 US 208 (1974) (William Douglas) *Alternative State Rule

While respondents have standing as taxpayers, their citizenship also gives them standing to challenge the appropriation acts financing activities of the reservists. We tend to overlook the basic political and legal reality that the people, not the bureaucracy, are the sovereign. Our Federal Government was created for the security and happiness of the people. Executives, lawmakers, and members of the Judiciary are inferior in the sense that they are in office only to carry out and execute the constitutional regime. The interest of citizens in guarantees written in the Constitution seems obvious. Who other than citizens has a better right to have the Incompatibility Clause enforced? It is their interests that the Incompatibility Clause was designed to protect. The Executive Branch under our regime is not a fiefdom or principality competing with the Legislative as another center of power. It operates within a constitutional framework, and it is that constitutional framework that these citizens want to keep intact."

Schlesinger v. Reservists Comm. to Stop the War, 418 US 208 (1974) (William Douglas) *Alternative State Rule

Concluding that the Court's decision in Ring v. Arizona, 536 U. S. 584 (2002) could not be applied retroactively to cases already final on direct review because it did not fall within either of the two exceptions set out in Teague v. Lane, 489 U. S. 288 (1989).

Schriro v. Summerlin, 542 US 348 (2004) Justice Scalia Opinion Conclusion

Concluding that defense counsel need not be appointed in a criminal prosecution if the worst potential sentence is a monetary fine for the crime that does not include a term of imprisonment

Scott v. Illinois, 440 U.S. 367 (1979) Holding

"If any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years."

Sedition Act of 1789 §2

In a 10b(5) action, a court will examine whether any tippers would receive any direct or indirect financial gain from spreading the information (Please answer in Danish)

Selvfolgelig

"By the common law, as well as by the law of most, if not all, the States, dogs are so far recognized as property that an action will lie for their conversion or injury,"

Sentell v. New Orleans & Carrollton R. Co., 166 US 698 (1897) (Henry Brown)

"But, that is not how the State's new scheme works...Under the law now governing, in any case in which the jury does not unanimously find a statutory aggravator, death is not a permissible sentence and Simmons has no relevance. In such a case, the judge alone becomes the sentencer...Only if the jury finds an aggravating circumstance does it decide on the sentence...And when it makes that decision, as was the case in Simmons, only two sentences are legally available under South Carolina law: death or life without the possibility of parole."

Shafer v. South Carolina, 532 US 36 (2001) (Ruth Ginsburg)

"Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court."

Sherman Antitrust Act, § 1

"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court."

Sherman Antitrust Act, § 2

"Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act, may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without. respect to the amount in controversy, and shall recover three fold the damages by him sustained, and the costs of suit, including a reasonable attorney's fee."

Sherman Antitrust Act, § 7

"Stock price volatility over the past century appears to be far too high to be attributed to new information about future real dividends if uncertainly about future dividends is measured by the sample standard deviations of real dividends around their long run exponential growth path."

Shiller, Do Stock Prices Move Too Much to be Justified by Subsequent Dividends? 71 Amer. Econ. Rev. (1981)

Richard Kluger

Simple Justice Author

Concluding that voters who have not alleged nor produced any evidence that any of them was assigned to her or his district as a direct result of having personally been subjected to a racial classification lack standing to bring a Shaw challenge

Sinkfield v. Kelley, 531 US 28 (2000) Holding

"The issue in this case is not whether declaring a war on illegal drugs is good public policy. The importance of ridding our society of such drugs is, by now, apparent to all. Rather, the issue here is whether the Government's deployment in that war of a particularly Draconian weapon — the compulsory collection and chemical testing of railroad workers' blood and urine — comports with the Fourth Amendment. Precisely because the need for action against the drug scourge is manifest, the need for vigilance against unconstitutional excess is great. History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. The World War II relocation-camp cases, Hirabayashi v. United States, 320 U. S. 81 (1943); Korematsu v. United States, 323 U. S. 214 (1944), and the Red scare and McCarthy-era internal subversion cases, Schenck v. United States, 249 U. S. 47 (1919); Dennis v. United States, 341 U. S. 494 (1951), are only the most extreme reminders that when we allow fundamental freedoms to be sacrificed in the name of real or perceived exigency, we invariably come to regret it."

Skinner v. Railway Labor Executives' Assn., 489 US 602 (1989) (Marshall, J., dissenting)

We do not say that no one else but the negro can share in this protection. Both the language and spirit of these articles are to have their fair and just weight in any question of construction. Undoubtedly while negro slavery alone was in the mind of the Congress which proposed the thirteenth article, it forbids any other kind of slavery, now or hereafter. If Mexican peonage or the Chinese coolie labor system shall develop slavery of the Mexican or Chinese race within our territory, this amendment may safely be trusted to make it void. And so if other rights are assailed by the States which properly and necessarily fall within the protection of these articles, that protection will apply, though the party interested may not be of African descent."

Slaughter-House Cases, 83 US 36 (1873) (Samuel Miller)

Linear Regression with One Independent Variable Regression Equation B1

Slope

Multiple Linear Regression Equation B1/B2/BK

Slope Coefficients for Each of the Independent Variables

"It may now be taken as a postulate that the right to vote in such a primary for the nomination of candidates without discrimination by the State, like the right to vote in a general election, is a right secured by the Constitution...By the terms of the Fifteenth Amendment that right may not be abridged by any State on account of race. Under our Constitution the great privilege of the ballot may not be denied a man by the State because of his color."

Smith v. Allwright, 321 US 649 (1944) (Stanley Reed)

"Let us grant that this was the origin of the language; still, statutory words often have effects in addition to those contemplated by their authors."

Smith v. Chicago School Reform Bd. of Trustees, 165 F. 3d 1142 (7th Cir. 1999) (Frank Easterbrook)

Concluding that a state statute requiring public disclosure of information provided by convicted sex offenders to law enforcement authorities was not a retroactive punishment prohibited by Article I § 10's Ex Post Facto Clause.

Smith v. Doe, 538 US 84 (2003) Holding

"To use an instrumentality ordinarily means to use it for its intended purpose. When someone asks, "Do you use a cane?," he is not inquiring whether you have your grandfather's silver-handled walking stick on display in the hall; he wants to know whether you walk with a cane. Similarly, to speak of "using a firearm" is to speak of using it for its distinctive purpose, i. e., as a weapon."

Smith v. United States, 508 U.S. 223 (1993) (Scalia, J., dissenting)

Concluding that the trade of a gun for drugs could make a convicted defendant eligible for sentence enhancement under 18 U. S. C. § 924(c)(1) which provided for that result if the defendant "during and in relation to . . . [a] drug trafficking crime[,] uses . . . a firearm."

Smith v. United States, 508 U.S. 223 (1993) Holding

"The state of slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons, occasions, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore the black must be discharged."

Somerset v Stewart [1772] Dicta (Lord Mansfield)

Vacating the Eleventh Circuit's judgment and remanding the matter for further development of the factual record on whether the C-11 canal and WCA-3 wetland were two distinct water bodies.

South Fla. Water Management Dist. v. Miccosukee Tribe, 541 US 95 (2004) Result

Upholding statutorily required Circuit riding by Supreme Court Justices

Stuart v. Laird, 5 US 299 (1803) Justice Patterson Opinion Conclusion

SSE

Sum of Squares Error

"The early architects of...standing limits were Justices Brandeis and Frankfurter. Their goal was to insulate progressive New Deal legislation from frequent judicial attack."

Sunstein, What's Standing After Lujan?, Of Citizen Suits, Injuries, and Article III, 91 Mich. L. Rev. (1992)

"There is absolutely no affirmative evidence that Article III was intended to limit congressional power to create standing [or to require] a personal stake or an injury in fact beyond the genuine requirement that some source of law confer a cause of action."

Sunstein, What's Standing After Lujan?, Of Citizen Suits, Injuries, and Article III, 91 Mich. L. Rev. (1992)

Concluding that neither the All Writs Act nor the ancillary enforcement jurisdiction doctrine provide a federal district court with jurisdiction to remove a state-court case to prevent the frustration of orders the federal court has previously issued

Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28 (2002) Holding

Concluding that Title II of the ADA constituted a valid exercise of Congress' enforcement power under §5 of the Fourteenth Amendment as applied to cases implicating the fundamental right of access to the courts.

Tennessee v. Lane, 541 US 509 (2004) Justice Stevens Opinion Conclusion

"Every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified."

Tenure of Office Act §1

This item is a type of non-security

Term Life Insurance

Concluding that a state statute that criminalized the desecration of the American flag violated the First Amendment.

Texas v. Johnson, 491 U.S. 397 (1989) Holding

Concluding that an action for false imprisonment could be brought even though the governing statute did not provide a remedy

The Case of the Marshalsea [1612] Holding

Concluding that the 1794 Slave Trade Act forbade initial construction of vessels intended to participate in slave trading

The Emily and the Caroline, 22 U.S. 381, (1824) Holding

This item is a criterion that an investment must meet to be considered a security

The Item Must be Readily Transferable Between Two Parties

Charles Black

The Lawfulness of the Segregation Decisions, 69 Yale L.J. (1960) Author

"Some rather weak cases must fall within any law which is couched in general words."

The Mangrove Prize Money, 188 U.S. 720 (1903) (Oliver Wendell Holmes Jr.)

John Chipman Gray

The Rule Against Perpetuities (1886) Author

Edward Hartnett

The Standing of the United States: How Criminal Prosecutions Show That Standing Doctrine is Looking for Answers in All the Wrong Places, 97 Mich. L. Rev. (1999)

Paul Kauper

The Steel Seizure Case: Congress, The President and the Supreme Court, 51 Mich. L. Rev. (1952) Author

Edward Corwin

The Steel Seizure Case: Judicial Brink Without Straw, 53 Colum. L. Rev. (1953) Author

Robert Jackson

The Struggle for Judicial Supremacy (1941) Author

Gerald Gunther

The Subtle Vices of the Passive Virtues - A Comment on Principle and Expediency in Judicial Review, 64 Colum. L. Rev. (1964) Author

"If parliament does not mean what it says it must say so."

A.P. Herbert, Uncommon Law (1935)

This item is a liquidity measure

Acid Test

Rejecting the use of legislative history as an aid to statutory construction in Irish courts

Crilly v T&J Farrington Ltd [2001] Dicta

Berk and Stanton, Managerial Ability, Compensation, and the Closed End Fund Discount, 62 J. Fin. 529 (2007)

A work that argues that closed end fund discounts stem from a trade off between management ability and management fees.

Johnson, Private Plaintiffs, Public Rights: Article II and Environmental Citizen Suits, 49 Kan. L. Rev. (2001)

A work that argues that qui tam actions do not violate Article II

Ian Haney Lopez, White By Law: The Legal Consequences of Race (1996)

A work that discusses the one drop rule

Earnings Per Share

This metric discloses the portion of a firm's profit allocated to each outstanding share of common stock

Terminal Value

This metric shows the value of future operations beyond the end of the forecast period

Identify The Disputed final Judgment

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

This item is a criterion that an investment must meet to be considered a security

The owner Must be Subject to the Loss of Some, or All, of the Invested Principal

EBITDA to Interest Coverage

This metric provides a picture of how much leverage a firm can sustain by disclosing how much cash the company will have to cover interest payments. The lower the ratio the lower the ability to sustain increased debt

Market Value Added

This metric shows the difference between the market value of a firm and the capital contributed by investors

Concluding that a state university policy categorically denying domiciled undocumented individuals who hold G-4 visas eligibility for instate college tuition was preempted by the INA.

Toll v. Moreno, 458 U.S. 1 (1982) Holding

Footnotes

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

Quotations

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

This item is a liquidity measure

Cash Conversion Cycle

Concluding that the McCarran Amendment did not divest District Courts of jurisdiction under 28 U.S.C. § 1345 but that abstention may be justified in cases where there are both federal and state proceedings that involve the same parties and issues

Colorado River Water Conserv. Dist. v. United States, 424 U.S. 800 (1976) Holding

This item is a type of non-security

IRAs

Concluding that a temporary two hour seal off of a home by officers with probable cause to believe that the occupant was hiding marijuana in the home was not an unreasonable seizure under the Fourth Amendment

Illinois v. McArthur, 531 US 326 (2001) Holding

American Petroleum Institute

Introduction to Oil and Gas Production (1983) Author

Ut res magis valeat quam pereat

Interpret the law so that the matter may have force rather than perish

E. Allen Farnsworth

Drafting Contracts and Commercial Instruments (1971) Author

Natuurlijk

When it comes to Analysis of Variance in a Regression with One Independent Variable, with the F-Statistic test, the null hypothesis is rejected if the F-stat is greater than the F critical value. (Please answer in Dutch)

Be Formatted On 3 Inch Top Margin Or A 3 Inch By 3 Inch Space In The Top Right Corner

Under the Hawaii Rules of Appellate Procedure, every flyleaf in a document filed on a litigant's behalf must do this item

Roger Daniels and Spencer Olin Jr., Racism in California: A Reader in the History of Oppression (1972)

A work that provides a discussion of discrimination against Asian-Americans

Harriet Presser, Sterilization and Fertility Decline in Puerto Rico (1973)

A work that provides a discussion of discrimination against Hispanic Americans

Generally under the common law shareholders who seek to bring a derivative claim need not make a demand on the corporation that it take remedial action before filing a derivative claim (Please answer in Hawaiian)

'Oia'i'o

John Hurd, The Law of Freedom and Bondage (1858)

A work that covers U.S. slave law

Richard Fallon

As-Applied and Facial Challenges and third-Party Standing, 113 Harv. L. Rev. (2002) Author

A work that provides an overview of anti-federalist opinion

Cecelia Kenyon, The Anti-Federalists (1966)

Erwin Chemerinsky

Constitutional Law: Principals and Policies (2011) Author

This item is a liquidity measure

Current Ratio

This item is a market value measure

Enterprise Value

A litigant who violates Rule 10b(5) cannot be found liable for out of pocket damages (Please answer in Italian)

Falso

Doe v. Reed does not stand for the proposition that disclosure of referendum petition names violates the First amendment (Please answer in Italian)

Falso

"The special protection accorded by the Fourth Amendment to the people in their "persons, houses, papers, and effects," is not extended to the open fields. The distinction between the latter and the house is as old as the common law."

Hester v. United States, 265 US 57 (1924) (Oliver Wendell Holmes Jr.)

ROE x (1 - dividend payout ratio)

Sustainable Growth Rate Equation

Grant Gilmore

The Ages of American Law Author

Patricia Williams

The Alchemy of Race and Rights (1991) Author

Multiple Linear Regression Equation YI

The ith Observation of the Dependent Variable Y

Cash Ratio

This figure measures the firm's liquidity.

1996 Federal Courts Improvement Act

This item increased the amount in controversy requirement in diversity cases under 28 USC 2 from $50000 to $75000

Effective Tax Rate

This metric consolidates the company's taxation rate in different jurisdictions

Return on Capital

This metric discloses a firm's efficiency in allocating capital under its control to profitable investments

Return on Net Assets

This metric discloses how efficient a firm is at fixed assets and working capital - the higher the ratio the better

Days Sales Outstanding

This metric discloses the amount of time in days that it takes a company to convert its receivables into cash

Rule of 72

This metric discloses the number of years it takes for an investment to double at a given interest rate

Dividend Payout Ratio

This metric discloses the percentage of earnings paid to shareholders in dividends. More mature firms tend to have higher ratios

Contribution Margin Ratio

This metric discloses the percentage of sales available to cover fixed costs.

Asset Turnover

This ratio measures the sales generated per dollar of assets and is an indication of how efficient the company is in utilizing assets to generate sales.

Implicit adoption of a contract by a corporation requires that the corporation receive some benefit or accept some service (Please answer in Finnish)

Tietysti

Judgment Arrest Motion

Under the Alaska Rules of Appellate Procedure, in criminal cases, the time for filing an appeal notice is stayed if this item has been granted

New Trial Motion

Under the Alaska Rules of Appellate Procedure, in criminal cases, the time for filing an appeal notice is stayed if this item has been granted

Reconsideration Motion

Under the Alaska Rules of Appellate Procedure, in criminal cases, the time for filing an appeal notice is stayed if this item has been granted

Naturlich

Under the Alaska Rules of Appellate Procedure, the Alaska Supreme Court can consolidate appeals sua sponte. (Please answer in German)

Contain A Docketing Statement

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Contain A Transcript Designation

Under the Alaska Rules of Appellate Procedure, the appeal notice must do this item

Writ of Mandamus Petition

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Bien sur que non

When it comes to intentional infliction of emotional distress claims, tortious intent can never be inferred from reckless acts or words. (Please answer in French)

Vero

When it comes to performing an F Test, the null hypothesis should be rejected if the F statistic is greater than the F critical value. (Please answer in Italian)

Ramsey Clark, Enduring Constitutional Issues, 61 Tul. L. Rev. 1093 (1987)

A work that responds negatively to the claims offered in Edwin Meese, The Law of the Constitution, 61 Tul. L. Rev. 979 (1987)

Rubenstein, The Myth of Superiority, 16 Const. comm. 599 (1999)

A work that responds negatively to the claims offered in Neuborne, The Myth of Parity, 90 Harv. L. Rev. 1105 (1977)

Sanford Levinson, Could Meese Be Right This Time? 61 Tul. L. Rev. 1071 (1987)

A work that responds positively to the claims offered in Edwin Meese, The Law of the Constitution, 61 Tul. L. Rev. 979 (1987)

No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious principles or ancestry.

Haw. const. art. 1 §9 (enlistment)

Vimahi v. Blondin, No. 29745, 2009 WL 1101565, at *1 (Haw. Apr. 21, 2009)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

"We have "on a number of occasions read a state-of-mind component into an offense even when the statutory definition did not in terms so provide.""

Dean v. US, 556 US 568 (2009) (John Roberts)

Lawrence Alexander

Is There an Overbreadth Doctrine 22 San Diego L. Rev. (1985) Author

James Pfander

Judicial Compensation and the Definition of Judicial Power in the Early Republic, 107 Mich. L. Rev. (2007)

Concluding that the writ of certiorari should be dismissed because it was improvidently granted

Nike, Inc. v. Kasky, 539 US 654 (2003) Result

Akhil Amar

On Text and Precedent, 31 Harv. J.L. & Pub. Pol'y (2008) Author

Concluding that the Fourteenth Amendment's Due Process Clause prohibited a $145 million punitive damages jury award in a case where full compensatory damages was capped at $1 million.

State Farm Mut. Automobile Ins. Co. v. Campbell, 538 US 408 (2003) Holding

Philip Kurland and Ralph Lerner

The Founders' Constitution (1987) Authors

When it comes to Analysis of Variance in a Regression with One Independent Variable, in the F-Statistic Equation, the Degrees of Freedom in the numerator is this item

k = 1

In Rule 10b(5) actions, even non-insiders can be found liable for purchasing stock on insider information if the individual breached the trust of the source of the information (Please answer in Hawaiian)

'Oia'i'o

Jonathan Siegel

A Theory of Justiciability, 86 Tex. L. Rev. (2007)

Healy, Stigmatic Harm and Standing, 92 Iowa L. Rev. (2007)

A work that argues that SCOTUS should broadly recognize stigmatic harm as a basis for standing

Anthony, Zone-Free Standing for Private Attorneys General, 7 Geo. Mason. L. Rev. (1999)

A work that discusses the zone of interests test

Davis, The Liberalized Law of Standing, 37 U. Chi. L. Rev. (1970)

A work that discusses the zone of interests test

Scott, Standing in the Supreme Court - A Functional Analysis, 86 Harv. L. Rev. (1973)

A work that discusses the zone of interests test

Simon, What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States (2002)

A work that provides historical background on John Marshall's opinion in Marbury v Madison

Nelson, Marbury v Madison: The Origins and Legacy of Judicial Review (1986)

A work that speaks on the issue of ahistorical understandings of Marbury and the intellectual and legal context that preceded it.

Concluding that respondent's claims that they were harmed directly by government financial aid to discriminatory private schools was insufficient to confer Article III standing

Allen v. Wright, 468 US 737 (1984) (Justice O'Connor Opinion Conclusion)

A work that provides an overview of anti-federalist opinion

Alpheus Mason, The States Rights Debate: Antifederalism and the Constitution (1964)

Albany Law Review

Articles in this item appearing between 1975 and 1978 provide an exhaustive history of US Tax Courts

This item is a performance measure

Asset Turnover

Sales/Assets

Asset Turnover Equation

This item is a debt measure

Asset to Equity

Total Assets/Shareholder Equity

Asset to Equity Equation

(Days x Accounts Receivable)/Credit Sales

Average Collection Period Equation

"A constructive trust is the formula through which the conscience of equity finds expression. When property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee."

Beatty v. Guggenheim Exploration Co. 225 NY 380 (1919) (Benjamin Cardozo)

In Delaware, if a firm has an exculpatory provision in its charter, under the business judgment rule, directors can be found liable for poor oversight if the directors consciously failed to monitor or oversee their monitoring mechanisms (Please answer in French)

Bien sur

Concluding that neither 42 U.S.C. § 1395ff nor § 1395ii bars judicial review of regulations promulgated under Part B of the Medicare program

Bowen v. Academy of Family Physicians, 476 U.S. 667 (1986) Holding

Concluding that the Indian Regulatory Gaming Act does not exempt tribes from paying the gambling-related taxes under 25 U. S. C. § 2719

Chickasaw Nation v. United States, 534 US 84 (2001) Holding

Concluding that the parties' debt-restructuring agreement was "a contract evidencing a transaction involving commerce" within the meaning of the FAA

Citizens Bank v. Alafabco, Inc., 539 US 52 (2003) Holding

Concluding that petitioner's adult business license ordinance did not violate the First Amendment in part because it assured prompt judicial review of an administrative decision denying a license.

City of Littleton v. ZJ Gifts D-4, LLC, 541 US 774 (2004)

"All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin."

Civil Rights Act of 1964 §201(a)

Concluding that the common-law element of control provided the governing test for whether four physicians actively engaged in medical practice as shareholders and directors of a professional corporation counted as employees under § 12111 of the ADA but, remanding the matter to the Ninth Circuit for further proceedings because the evidence in the District Court record was ambiguous.

Clackamas Gastroenterology Associates, PC v. Wells, 538 US 440 (2003) Holding

Concluding that single sexually explicit remark and a change in employment status less than a month after an employee files a complaint about the remark does not constitute an adverse employment action under Title VII of the Civil Rights of 1964

Clark County School Dist. v. Breeden, 532 US 268 (2001) Holding

In the Cost of Capital Equation, Wcs is this item

Common Share Percentage

Common benefit can not be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Serbo-Croatian)

This item is a type of non-security

Confirmations

When it comes to a hypothesis test on regression parameters, this item is determined with n-2 degrees of freedom

Critical Value

Certamente

Cycling operations are typically undertaken early in the life of a reservoir. (Please answer in Portuguese)

Wyoming, Utah, Washington, and Colorado were among the first states to grant women the franchise in the 19th century (Please answer in Serbo-Croatian)

A work that speaks to the extent original understanding and early practice should apply to constitutional interpretation in the present

David Strauss, Common Law Constitutional Interpretation 63 U. Chi. L.Rev. 877 (1996)

This item is a performance measure

Days Payable

Accounts Payable/(Cost of Sales/365)

Days Payable Equation

This item is a performance measure

Days Sales Outstanding

(Days x Accounts Receivable)/(Credit Sales)

Days Sales Outstanding Equation

In the Cost of Capital Equation, Rd is this item

Debt Interest Rate

In the Cost of Capital Equation, Wd is this item

Debt Percentage

This item is a debt measure

Debt to Assets/Debt Ratio

(Total Debt/Total Assets)

Debt to Assets/Debt Ratio Equation

This item is a debt measure

Debt to Capital Ratio

(Total Liabilities/(Total Liabilities + Book Value of Equity))

Debt to Capital Ratio Equation

This item is a debt measure

Debt to Equity

Total Liabilities/Total Equity

Debt to Equity Equation

Concluding that the Ninth Circuit erred in granting habeas relief to respondent by incorrectly concluding that a state trial judge coerced a verdict by encouraging the jury to continue deliberations because the decision exceeded the limits imposed on federal habeas review by 28 U.S.C. § 2254(d)

Early v. Packer, 537 US 3 (2002) Holding

If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.

European Convention on Human Rights, Article 41 (Just satisfaction)

Concluding that petitioner's sentence of 25 years to life under a state 'three strikes law' did not violate the Eighth Amendment prohibition against cruel and unusual punishments.

Ewing v. California, 538 US 11 (2003) Holding

"This Court, unlike the House of Lords, has from the beginning rejected a doctrine of disability at self-correction."

Helvering v. Hallock, 309 US 106 (1940) (Felix Frankfurter)

Fritz Sharpf

Judicial Review and the Political question: A Functional Analysis, 75 Yale L.J. (1966)

"To refuse to make the necessary policy choices when called upon to do so would result in a rigidity and paralysis that the common law process was meant to prevent."

Judith Kaye, State Courts at the Dawn of a New Century: Common Law Courts Reading Statutes and Constitutions, 70 N.Y.U. L. Rev. (1995)

A work that documents the Reconstruction Congress' extension of federal jurisdiction

Kutler, Judicial Power and Reconstruction Politics (1968)

Concluding that Bowers v. Hardwick, 478 U.S. 186 (1986), is overruled

Lawrence v. Texas, 539 U.S. 558 (2003) Holding

Concluding that federal maritime law imposes a duty to avoid negligence

Leathers v. Blessing, 105 US 626 (1882) Holding

"How often words introduced for the purpose of explanation are themselves the means of creating doubt or ambiguity!"

License Cases, 46 U.S. 504 (1847) (Peter Daniel)

ANOVA Table for Multiple Linear Regression Regression Mean Sum of Squares: ?

MSR = RSS/k

"To one who is especially interested in the judiciary, there is surprisingly little on the subject to be found in the records of the convention."

Max Farrand, The Records of the Federal Convention (1911)

Calvert Magruder

Mental and Emotional Disturbance in the Law of torts, 49 Harv. L. Rev. (1936) Author

Concluding that the Ninth Circuit erred in holding that a state Court of Appeals decision finding that respondent's Fourteenth Amendment Due Process jury instruction claim was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Fourteenth Amendment.

Middleton v. McNeil, 541 US 433 (2004) Holding

Concluding that the Fifth Circuit erred in refusing to issue a COA to review the NDTX's denial of habeas relief to petitioner

Miller-El v. Cockrell, 537 US 322 (2003) Holding

This item is a performance measure

Payable Period

This item is a liquidity measure

Quick Ratio

William Rehnquist

The Notion of a Living Constitution, 54 Tex. L. Rev. (1976)

An act will be accepted as valid by the courts provided that it has passed through the required legislative stages and received royal assent

The Prince's Case [1606] Dicta

Verba chartarum fortius accipuntur contra proferentem

The words of a writing are taken more strongly against the person offering them

DuPont Ratio

Think - margin-turnover-leverage

Searching Reasonably Available Public Records

This item is part of the minimum efforts that must be made when verifying the information on a Form U4

Net Cash Flow

This metric discloses the true cash generated by the firm

"The Crown is not bound by an Act of Parliament unless specially named, or unless there is a necessary implication to be drawn from the provisions of the Act, or from the legislation on the subject, that the Crown was intended to be bound."

Thomas v Pritchard [1903]

Produces Wet Gas, Extract The Heavier Hydrocarbons, And Inject The Resulting Dry Gas Back Into The Reservoir

To prevent condensation, an operator can do this item

SST

Total Sum of Squares

An Appropriately Registered Principal To Carry Out The Supervisory Responsibilities Of Business For Which Registration As A Broker-Dealer Is Required

Under FINRA Rule 3110, a broker-dealer must designate this item

Set Up Procedures To Review The Company's Investment Banking And Securities Transactions

Under FINRA Rule 3110, broker dealers are required to do this item

Conflicts Of Interest Presented By The Supervisor's Position In The Firm

Written/Work Supervisory Procedures

Under FINRA Rule 3130, this item must be amended to reflect changes in applicable regulations as well as the firm's supervisory structure

Disclose Case Number

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Fax Number

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Verified Bill of Costs

Under the Hawaii Rules of Appellate Procedure, this item should be mailed or delivered to the relevant court clerk stapled or bound regardless of whether it is filed electronically

Attorneys' Fees Request

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Motion For Reconsideration

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Concluding that a tariff classification ruling by the United States Customs Service is entitled to Skidmore, but not Chevron, deference

United States v. Mead Corp., 533 US 218 (2001) Holding

Under the Vienna Convention on Treaties, the definition of a treaty in the compact has implications for the applicability of international law to agreements that do not fall within definition (Please answer in Hawaiian)

Wahahe'e

Naturlich

When it comes to Analysis of Variance in a Regression with One Independent Variable, with the F-Statistic test, if the independent variable does not explain much of the variation in the dependent variable, the F stat will be relatively small. (Please answer in German)

Natuurlijk Niet

When it comes to Analysis of Variance in a Regression with One Independent Variable, with the F-Statistic test, rejection of the null can never mean that the independent variable significantly explains the variation in the dependent variable. (Please answer in Dutch)

Eipa Tietenkaan

When it comes to determining whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, if the price is not equal to or grater than the underlying stock's market value, the options or appreciation rights need not comply with 26 U.S.C. 409A (Please answer in Finnish)

UN representatives are not immune from legal process with respect to matters that relate to their official acts (Please answer in Lithuanian)

Zinoma Ne

Analysis of Variance in a Regression with One Independent Variable Equation SST =

∑(Y0 - Ymean)2

Analysis of Variance in a Regression with One Independent Variable Equation SSE =

∑(Y1 - Y1Hat)2

Customer Address

A broker-dealer's obligation to monitor changes in customer account information extends to this item

J. Harvie Wilkinson III

Cosmic Constitutional Theory Author

African-Americans could vote in Massachusetts, New Hampshire, New Jersey, New York, and North Carolina at the time the constitution was adopted (Please answer in Serbo-Croatian)

This item is a market value measure

Dividend Discount Model

"The military power shall be subordinate to the civil."

Fla. const. art. I §7 (military power)

Concluding that taxpayer status is sufficient to confer standing to bring an Establishment Clause claim

Flast v. Cohen, 392 U.S. 83 (1968) Holding

Concluding that petitioner's destruction of potentially exculpatory evidence after respondent filed a discovery motion seeking the material violated the Fourteenth Amendment's Due Process Clause.

Illinois v. Fisher, 540 US 544 (2004) Holding

Concluding that 28 U.S.C. 1782 authorized, but did not require, NDCa to provide respondent with discovery aid to compel the release of material for use in a matter before the Commission of the European Communities Directorate-General for Competition.

Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) Holding

ANOVA Table for Multiple Linear Regression Residual Mean Sum of Squares: ?

MSE = SSE/(n - (K + 1))

William C Banks and Peter Raven Hansen

National Security Law and the Power of the Purse 114-118 (1994) Authors

This item is a cash flow measure

Net Cash Flow

ANOVA Table for Multiple Linear Regression Regression Sum of Squares: ?

RSS

Net Income/Total Assets

Return on Assets Equation

This item is a profitability measure

Return on Capital

Concluding that, under § 636 of the Federal Magistrate Act of 1979, consent to a magistrate judge's designation can be inferred from a party's conduct during litigation

Roell v. Withrow, 538 US 580 (2003) Holding

Conjunctive canon

The doctrine that 'and' joins a conjunctive list

This item is a performance measure

Operating Profit Margin

EBIT/Sales

Operating Profit Margin Equation

Ruggero Aldisert

Opinion Writing Author

11 Del. Code §203

This item enacts a repealer of the rule of lenity

FRAP 1

(1) These rules govern procedure in the United States courts of appeals. (2) When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court.

F Test Equation

(RSS/k)/(SSE/[n - (k + 1)]) = Mean Regression Sum of Squares/Mean Squared Error = MSR/MSE

ANOVA Table for Simple Linear Regression (k =1) Regression (Explained) Degrees of Freedom

"A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence."

28 U.S. Code § 2255(a)

Guido Calabresi

A Common Law for the Age of Statutes Author

Theodore Plucknett

A Concise History of the Common Law (1936) Author

Thaler, Anomalies: The January Effect, 1 J. Econ. Perspectives (1987)

A work that argues that higher abnormal rates of return among smaller corporations are tied to the 'January Effect.'

Metzger, Facial Challenges and Federalism, 105 Colum. L. Rev. (2005)

A work that argues that no justification exists for abandoning the ordinary presumption of statutory severability in 14th Amendment §5 cases

Hay and Rosenberg, Sweetheart and Blackmail Settlements in Class Actions: Reality and Remedy, 75 Notre Dame L. Rev. (2000)

A work that argues that the risks of sweetheart and blackmail settlements have been overstated by class action critics and, proposes several safeguards to minimize abuse

Shleifer, Inefficient Markets: An Introduction to Behavioral Finance (2000)

A work that argues that, under the intrinsic value or allocative efficiency theory of the EMH, a security's price should not move at all in the absence of news relevant to the value of the security.

Parry, The Lost History of International Extradition Litigation, 43 Vand. J. Int. L. (2002)

A work that attacks the purported justifications for the view that the judicial role in extradition proceedings falls outside Article III and, asserts the need for unspecified doctrinal revisions free of historical baggage

Jacob Wheeler, A Practical Treatise on the Law of Slavery (1837)

A work that covers U.S. slave law

Mikva, Why Judges Should Not Be Advicegivers: A Response to Professor Neal Katyal, 50 Stan. L. Rev. (1998)

A work that covers the "last resort" rule

Monaghan, Federal Statutory Review Under Section 1983 and the APA, 91 Colum. L. Rev. (1991)

A work that discusses the parallels between the framework for review under the APA and review of actions by state officials under 42 USC 1983

Ariela Gross, Litigating Whiteness, 108 Yale L.J. (1998)

A work that discusses the role of misguided science in litigating the concept of being Caucasian in 18th century American cases

Robert Bird, More Than a Congressional Joke: A Fresh Look at the Legislative History of Sex Discrimination of the 1964 Civil Rights Act, 3 Wm. & Mary J. Women & L (1997)

A work that documents the insertion of sex discrimination provisions in the 1964 Civil Rights Act

Landes and Posner, The Economics of Anticipatory Adjudication, 23 J. Leg. Stud. (1994)

A work that models the costs and benefits of anticipatory adjudication

Klarman, How Great Were the Great Marshall Court Decisions?, 87 Va. L. Rev. (2001)

A work that observes that judicial review became far less controversial during the period between the Constitutional Convention and the decision in Marbury

Charles McClain Jr., The Chinese Struggle for Civil Rights in Nineteenth Century America: The First Phase: 1850-1870, 72 Cal. L. Rev. (1984)

A work that provides a discussion of discrimination against Asian-Americans

Page Smith, Democracy on Trial: The Japanese American Evacuation and Relocation in World War II (1995)

A work that provides a discussion of discrimination against Asian-Americans

Leonard Dinnerstein, Anti-Semitism in America (1994)

A work that provides a discussion of discrimination against Jewish Americans

Wheeler, Extrajudicial Activities of the Early Supreme Court, 1973 Sup. Ct. Rev. 123

A work that provides a discussion of the Justices' correspondence on advisory opinions

Kimberle Crenshaw, Race, Reform, and Retrenchment: Transformation Legitimation in Antidiscrimination Law, 101 Harv. L. Rev. (1988)

A work that shows how neutral norms in antidiscrimination law reinforce racism

Meltzer, Congress, Courts, and Constitutional Remedies, 86 Geo. L.J. (1998)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Paulsen, Abrogating Stare Decisis by Statute: May Congress Remove the Precedential Effect of Roe and Casey?, 109 Yale L.J. (2000)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Redish and Pudelski, Legislative Deception, Separation of Powers, and the Democratic Process: Harnessing the Political Theory of United States v. Klein, 100 Nw. L. Rev. (2006)

A work that speaks to the issue of when congressional specification of the scope of review or prescription of the modes of fact/law ascertainment would violate the separation of powers

Albert, Standing to Challenge Administrative Action: An Inadequate Surrogate for Claim for Relief, 83 Yale L.J. (1974)

Bandes, The Idea of a Case, 42 Stan. L. Rev. (1990)

Jaffe, The Citizen as Litigant in Public Actions: The Non-Hohfeldian or Ideological Plaintiff, 116 U. Pa. L. Rev. (1968)

Pushaw, Article III's Case or Controversy Distinction and the Dual Functions of Federal Courts, 69 Notre Dame L. Rev. (1994)

This item is a performance measure

Account Receivable Turnover

"The reviewing court shall— (2)hold unlawful and set aside agency action, findings, and conclusions found to be— (A)arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

Administrative Procedure Act § 706

Concluding that the Interstate Agreement on Detainers require the dismissal of criminal charges when a prisoner serving a federal sentence is transferred for a day to be arraigned on state charges and then returned to the original place of imprisonment before trial

Alabama v. Bozeman, 533 US 146 (2001) Holding

Concluding that the CAA authorizes EPA to stop construction of a major pollutant emitting facility permitted by a state authority when the agency finds that an authority's BACT determination is unreasonable in light of 42 U. S. C. §7479(3)'s prescribed guides

Alaska Dept. of Environmental Conservation v. EPA, 540 US 461 (2004) Holding

I trust the friends of the proposed Constitution will never concur with its enemies, in questioning that fundamental principle of republican government, which admits the right of the people to alter or abolish the established Constitution, whenever they find it inconsistent with their happiness

Alexander Hamilton Federalist 78

"Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience."

Alexander Hamilton, Federalist 15

"The treaties of the United States, to have any force at all, must be considered as part of the law of the land. Their true import, as far as respects individuals, must, like all other laws, be ascertained by judicial determinations."

Alexander Hamilton, Federalist 22

"To produce uniformity in these determinations, they ought to be submitted, in the last resort, to one SUPREME TRIBUNAL...If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the came court differing from each other. To avoid the confusion which would unavoidably result from the contradictory decisions of a number of independent judicatories, all nations have found it necessary to establish one court paramount to the rest, possessing a general superintendence, and authorized to settle and declare in the last resort a uniform rule of civil justice."

Alexander Hamilton, Federalist 22

"The most bigoted idolizers of State authority have not thus far shown a disposition to deny the national judiciary the cognizances of maritime causes."

Alexander Hamilton, Federalist 80

"The Constitution ought to be the standard of construction for the laws, and...wherever there is an evident opposition, the laws ought to give place to the Constitution."

Alexander Hamilton, Federalist 81

Protams

As IRS Form 5500 makes clear, ERISA coverage is undesirable because once a private equity fund is covered, there are countless transactions and compensation arrangements that the fund may not engage in (Please answer in Latvian)

Sample Regression with Two Independent Variables Intercept Coefficient: ?

Sample Regression with Two Independent Variables Intercept T-Stat: ?

B0/SBHat0

"Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question."

Baker v. Carr, 369 US 186 (1962) (William Brennan)

"The mere fact that the suit seeks protection of a political right does not mean it presents a political question...The right asserted is within the reach of judicial protection under the Fourteenth Amendment.."

Baker v. Carr, 369 US 186 (1962) (William Brennan)

Concluding that the Fifth Circuit erred in dismissing petitioner's Farr Brady claim and denying him a COA on his Cook Brady claim

Banks v. Dretke, 540 US 668 (2004) Holding

"The purpose of the act is to quiet titles in California, and, as stated by the court below, it is a remedial statute and one entitled to a liberal construction in order to effect the purpose and object of its enactment."

Beley v. Naphtaly, 169 US 353 (1898) (Rufus Peckham)

Individuals who improperly exercise ownership over an owner's goods accept the risk that their conduct may amount to conversion (Please answer in French)

Bien sur

Concluding that the Eighth Amendment bars the admission of victim impact evidence during the penalty phase of a capital trial where the statement does not directly relate to the "circumstances of the crime."

Booth v. Maryland, 482 U. S. 496 (1987) Holding

"It is precisely because the issue raised by this case touches the heart of what makes individuals what they are that we should be especially sensitive to the rights of those whose choices upset the majority."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

"It took but three years for the Court to see the error in its analysis in Minersville School District v. Gobitis, 310 U. S. 214*214 586 (1940), and to recognize that the threat to national cohesion posed by a refusal to salute the flag was vastly outweighed by the threat to those same values posed by compelling such a salute. I can only hope that here, too, the Court soon will reconsider its analysis and conclude that depriving individuals of the right to choose for themselves how to conduct their intimate relationships poses a far greater threat to the values most deeply rooted in our Nation's history than tolerance of nonconformity could ever do. Because I think the Court today betrays those values, I dissent."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

"This case involves no real interference with the rights of others, for the mere knowledge that other individuals do not adhere to one's value system cannot be a legally cognizable interest let alone an interest that can justify invading the houses, hearts, and minds of citizens who choose to live their lives differently."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

Concluidng that the functions assigned by Congress to the Comptroller General under the Gramm-Rudman-Hollings Deficit Control Act of 1985 violated the separation powers doctrine

Bowsher v. Synar, 478 US 714 (1986) Holding

Dismissing a Tucker Act suit because the statute conferring jurisdiction on the District Court at the time the case was filed was repealed while the case was on appeal

Bruner v. United States, 343 US 112 (1952) Result

Concluding that the term 'prevailing party' under 42 U. S. C. § 3613(c)(2) (Fair Housing Amendments Act) and 42 U. S. C. § 12205 (ADA) does not include a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change in the defendant's conduct

Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001) Holding

Concluding that the State's use of standardless manual recounts violated the 14th Amendment's Equal Protection and Due Process Clauses

Bush v. Gore, 531 US 98 (2000) Holding

Risk Free Rate + (Beta x Market Risk Premium)

CAPM Equation

"No Statute ought...to be held to apply to Foreigners with respect to transactions out of British jurisdiction, unless the words of the Statute are perfectly clear."

Cail v Papayanni, [1863] Dicta (Dr. Lushington)

"I suspect, therefore, that members of our society will be shocked to learn that the Court, the ultimate guarantor of liberty, deems unreasonable our expectation that the aspects of our private lives that are concealed safely in a trash bag will not become public."

California v. Greenwood, 486 US 35 (1988) (Brennan, J., dissenting)

"It shall be an unlawful employment practice for an employer-- (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin."

Civil Rights Act of 1964 §703(a)

A Rule 10b(5) claim can be brought even if the scienter requirement is not met (Please answer in Portuguese)

Claro que nao

A majority shareholder has a duty to disclose information about preliminary discussion regarding potential merger transactions with minority shareholders (Please answer in Portuguese)

Claro que nao

In Delaware, if a director violates the duty of care imposed by the business judgment rule, the claimants can recover only if they show causation (Please answer in Portuguese)

Claro que nao

This tells someone how well the independent variable explains the variation in the dependent variable. It measures the fraction of the total variation in the dependent variable that is explained by the independent variable

Coefficient of Determination

Concluding that the imposition of the death penalty for the crime of rape violates the Eighth Amendment's prohibition against "cruel and unusual punishments"

Coker v. Georgia, 433 US 584 (1977) Holding

"Courts ought not to enter this political thicket."

Colegrove v. Green, 328 US 549 (1946) (Felix Frankfurter)

This item is a performance measure

Collection Period

(Days x Accounts Receivable)/Credit Sales

Collection Period Equation

"There is nothing sinister in so arranging one's affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant."

Commissioner of Internal Revenue v. Newman, 159 F. 2d 848 (2d Cir. 1947) (Learned Hand)

Concluding that the playing of out-of-court testimony to a jury, with no chance for cross-examination, violated the Sixth Amendment's Confrontation Clause

Crawford v. Washington, 541 U.S. 36 (2004) Holding

A work that argues that all cases that could have been contemplated as within the federal question category of Article III were provided for in the 1789 Judiciary Act

David Engdahl, Federal Question Jurisdiction Under the 1789 Judiciary Act, 14 Okla. City U. L. Rev. (1989)

This item is a performance measure

Days Sales in Cash

Concluding that Fourth Circuit did not err in construing § 8(b)(4) of the NLRA as not reaching handbilling

DeBartolo Corp. v. Gulf Coast Trades Counc., 485 U.S. 568 (1988) Holding

"He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries."

Declaration of Independence

Concluding that neither the 1969 National Environmental Policy Act nor CAA required the Federal Motor Carrier Safety Administration to evaluate the environmental effects of cross-border Mexican motor carrier operations in issuing application and safety-monitoring requirements for Mexican carriers.

Department of Transportation v. Public Citizen, 541 U.S. 752 (2004) Holding

"The indigent, where the record is unclear or the errors are hidden, has only the right to a meaningless ritual, while the rich man has a meaningful appeal."

Douglas v. California, 372 US 353 (1963) (William Douglas)

On the issue of whether the 1984 Agent Orange settlement precluded respondents claims, the Court vacated and remanded the Second Circuit's judgment with respect to the Isaacsons for further consideration in light of Syngenta Crop Protection, Inc. v. Henson, 537 U. S. 28 (2002) but affirmed the Circuit's judgment with respect to the Stephensons.

Dow Chemical Co. v. Stephenson, 539 US 111 (2003) Result

When an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void.

Dr. Bonham's Case [1610] (Coke CJ)

Concluding that EDTX erred in failing to consider respondent's ineffective assistance of counsel claim before reaching the question of whether the "actual innocence" exception to the procedural-default doctrine applies to non-capital cases.

Dretke v. Haley, 541 US 386 (2004) Holding

A work that offers commentary on specialized federal courts

Dreyfuss, The Federal Circuit: A Continuing Experiment in Specialization, 54 Cas. W.Res.L.Rev. (2003)

"In determining what is probable cause, we are not called upon to determine whether the offense charged has in fact been committed. We are concerned only with the question whether the affiant had reasonable grounds at the time of his affidavit and the issuance of the warrant for the belief that the law was being violated on the premises to be searched; and if the apparent facts set out in the affidavit are such that a reasonably discreet and prudent man would be led to believe that there was a commission of the offense charged, there is probable cause justifying the issuance of a warrant."

Dumbra v. United States, 268 US 435 (1925) (Harlan Stone)

"The Constitution was built for rough as well as smooth roads. In time of war the nation simply changes gears and takes the harder going under the same power."

Duncan v. Kahanamoku, 327 US 304 (1946) (Burton, J., dissenting)

Concluding that under 28 U. S. C. § 2244(d)(2), a federal habeas corpus petition is not an "application for State postconviction or other collateral review that tolls AEDPA's 1 year statute-of-limitations period

Duncan v. Walker, 533 US 167 (2001) Holding

EBITDA/interest payments

EBITDA to Interest Coverage Equation

Tietysti

ERISA does not define the invested assets that trigger the statute's labyrinthian, draconian, and job-killing requirements (Please answer in Finnish)

Eipa Tietenkaan

ERISA mentions assets and investments that are exempt from statutory coverage (Please answer in Finnish)

Sales - Operating Expenses

Earnings Before Interest and Taxes

This item is a performance measure

Earnings Before Interest and Taxes

This item is a performance measure

Earnings Before Interest, Taxes, Depreciation, and Amortization

Concluding that the EDNC erred in finding that North Carolina violated the Equal Protection Clause in its 1997 redrawing of its Twelfth Congressional District's 1992 boundaries?

Easley v. Cromartie, 532 US 234 (2001) Holding

All that a court of justice can look to is the parliamentary roll; they see that an Act has passed both Houses of Parliament, and that it has received the royal assent, and no court of justice can inquire into the manner in which it was introduced into Parliament, what was done previously to its being introduced, or what passed in Parliament during the various stages of its progress through both Houses of Parliament

Edinburgh and Dalkeith Railway Company v Wauchope [1842] (Lord Campbell)

"It is a maxime of law, that no man shall take advantage of his owne wrong."

Edward Coke, The First Part of the Institutes of the Laws of England (1628)

This item is a profitability measure

Effective Tax Rate

Concluding that ERISA pre-empts a state statute providing that the designation of a spouse as the beneficiary of a nonprobate asset is revoked automatically upon divorce to the extent it applies to ERISA plans

Egelhoff v. Egelhoff, 532 US 141 (2001) Holding

If a treaty has not laid out the specific requirements for entry into force, the treaty is implemented when a majority of all negotiating states have consented to be bound (Please answer in Finnish)

Eipa Tietenkaan

Concluding that respondent lacked prudential standing to challenge an Establishment Clause challenge to a public school district policy requiring teachers to lead willing students in reciting the Pledge of Allegiance.

Elk Grove Unified School Dist. v. Newdow, 542 U.S. 1 (2004) Holding

market cap + debt + minority interest + preferred shares - cash and cash equivalents

Enterprise Value Equation

Most corporations use the sale of this item as their main source of business capital

Equity

This item creates an ownership relationship with the issuing company

Equity

Linear Regression with One Independent Variable Regression Equation E

Error term that represents the variation in the dependent variable that is not explained by the independent variable

No person shall be tried for capital crime without presentment or indictment by a grand jury, or for other felony without such presentment or indictment or an information under oath filed by the prosecuting officer of the court, except persons on active duty in the militia when tried by courts martial. When authorized by law, a child as therein defined may be charged with a violation of law as an act of delinquency instead of crime and tried without a jury or other requirements applicable to criminal cases. Any child so charged shall, upon demand made as provided by law before a trial in a juvenile proceeding, be tried in an appropriate court as an adult. A child found delinquent shall be disciplined as provided by law.

Fla. const. art. I §15 (Prosecution for crime; offenses committed by children)

No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.

Fla. const. art. I §18 (Administrative penalties)

All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

Fla. const. art. I §2 (basic rights)

The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.

Fla. const. art. I §21 (Access to courts)

"Every person may speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for defamation the truth may be given in evidence. If the matter charged as defamatory is true and was published with good motives, the party shall be acquitted or exonerated."

Fla. const. art. I §4 (freedom of speech and press)

"The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike."

Fla. const. art. I §6 (right to work)

Concluding that a state unemployment insurance code that denied benefits to women whose disabilities resulted from pregnancy did not violate the 14th Amendment's equal protection clause

Geduldig v. Aiello, 417 U.S. 484 (1974) Holding

Concluding that DDC erred in determining that a state redistricting plan 'cracking' minority voters violated § 5 of the 1965 Voting Rights Act

Georgia v. Ashcroft, 539 US 461 (2003) Holding

"No member bank shall be affiliated...with any corporation, association, business trust, or other similar organization engaged principally in the issue, flotation, underwriting, public sale, or distribution...of stocks, bonds, debentures, notes, or other securities.

Glass-Steagall Act ch. 89 § 20

(Sales - COGS[OH1] )/Sales

Gross Profit Margin Equation

Henry Monaghan

Harmless Error and the Valid Rule Requirement, 1989 Sup. Ct. Rev. 195 Author

"Whenever a grand jury is impaneled, there shall be an independent counsel appointed as provided by law to advise the members of the grand jury regarding matters brought before it. Independent counsel shall be selected from among those persons licensed to practice law by the supreme court of the State and shall not be a public employee. The term and compensation for independent counsel shall be as provided by law."

Haw. const. art. 1 §11 (grand jury counsel)

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishable by life imprisonment."

Haw. const. art. 1 §12 (bail;excessive punishment)

"The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it. The power of suspending the privilege of the writ of habeas corpus, and the laws or the execution thereof, shall never be exercised except by the legislature, or by authority derived from it to be exercised in such particular cases only as the legislature shall expressly prescribe."

Haw. const. art. 1 §15 (habeas corpus and suspension of laws)

"The military shall be held in strict subordination to the civil power."

Haw. const. art. 1 §16 (supremacy of civil power)

"There shall be no imprisonment for debt."

Haw. const. art. 1 §19 (imprisonment for debt)

All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities.

Haw. const. art. 1 §2 (rights of individuals)

The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities.

Haw. const. art. 1 §21 (Limitations of special privileges)

No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Haw. const. art. 1 §4 (freedom of religion, speech, press, assembly, and petition)

No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry.

Haw. const. art. 1 §5 (due process and equal protection)

The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right.

Haw. const. art. 1 §6 (right to privacy)

Concluding that a state statute providing state prosecutors with additional peremptory challenges based on city population did not violate the Fourteenth Amendment's Equal Protection Clause

Hayes v. Missouri, 120 U.S. 68 (1887) Justice Field Opinion Conclusion

"A transaction, otherwise within an exception of the tax law, does not lose its immunity, because it is actuated by a desire to avoid, or, if one choose, to evade, taxation. Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury; there is not even a patriotic duty to increase one's taxes."

Helvering v. Gregory, 69 F. 2d 809 (2d Cir. 1934)

Concluding that the Federal Reserve Board's Regulation Z, which specifically excludes fees imposed for exceeding a credit limit from the definition of "finance charge," was a reasonable interpretation of 15 U.S.C. § 1605 that satisfied the test set out in Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984)

Household Credit Services, Inc. v. Pfennig, 541 US 232 (2004) Holding

Concluding that, in the underlying controversy, an arbitrator, rather than a federal district court, should interpret and apply a NASD rule preventing arbitration in cases where six years has elapsed from the event giving rise to the dispute

Howsam v. Dean Witter Reynolds, Inc., 537 US 79 (2002) Holding

"The fundamental necessity of maintaining each of the three general departments of government entirely free from the control or coercive influence, direct or indirect, of either of the others, has often been stressed and is hardly open to serious question. So much is implied in the very fact of the separation of the powers of these departments by the Constitution; and in the rule which recognizes their essential co-equality."

Humphrey's Executor v. United States, 295 US 602 (1935) (George Sutherland)

Concluding that neither AEDPA nor the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 striped district courts of their jurisdiction under the general habeas corpus statute to entertain the respondent's habeas petition and, that neither statute denied relief under §212(c) of the INA to undocumented individuals who would have been eligible for such relief at the time of their convictions

INS v. St. Cyr, 533 US 289 (2001) Holding

Form U5

If the individual has already registered with FINRA or another self-regulatory organization, the firm must review this item or demonstrate to FINRA that it has made reasonable efforts to do so

Concluding that the Sixth Amendment requires that a state or federal judge inform an uncounseled defendant of the nature of the charges against her or him, her or his right to be counseled regarding her or his plea, and the range of allowable punishments attendant upon the entry of a guilty plea before accepting a guilty plea. The result is that two alternative warnings ordered by the state Supreme Court were not mandated by the Amendment.

Iowa v. Tovar, 541 U.S. 77 (2004) Holding

Northern Ireland remains part of his majesty's dominions and of the United Kingdom and it is hereby affirmed that in no event will Northern Ireland or any part thereof cease to be part of his majesty's dominions and of the United Kingdom without consent of the Parliament of Northern Ireland

Ireland Act of 1949

A work that provides an overview of anti-federalist opinion

Jack Main, The Anti-Federalists: Critics of the Constitution, 1781-1788 (1961)

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."

James Madison, Federalist 45

But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.

James Madison, Federalist 51

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself...It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part.

James Madison, Federalist 51

"The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust."

James Madison, Federalist 57

In order for the claim preclusion doctrine to apply the same parties must exist in both lawsuits (Please answer in Swedish)

Javisst

Dismissing the case for want of jurisdiction under 28 U. S. C. §1257

Johnson v. California, 541 US 428 (2004) Result

"Searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions."

Katz v. United States, 389 US 347 (1967) (Potter Stewart)

When it comes to the use of force in defense of property interests, a person may make a reasonable mistake with respect to whether a request to desist was required under the circumstances (Please answer in Turkish)

Kesinlikle

"This is not to say, however, that the prima facie case may not be met by evidence supporting a finding that a lesser degree of segregated schooling in the core city area would not have resulted even if the Board had not acted as it did."

Keyes v. School Dist. No. 1, Denver, 413 US 189 (1973) (William Brennan)

"Any lingering doubt about the proper interpretation...would be dispelled by...A familiar principle of statutory construction: the presumption favoring judicial review of administrative action. When a statute is "reasonably susceptible to divergent interpretation, we adopt the reading that accords with traditional understandings and basic principles: that executive determinations generally are subject to judicial review."

Kucana v. Holder, 558 US 233 (2010) (Ruth Ginsburg)

Concluding that the warrantless use of a thermal-imaging device to detect relative amounts of heat emanating from a private home constituted an unreasonable search in violation of the Fourth Amendment

Kyllo v. United States, 533 US 27 (2001)

Concluding that § 504(a)(16) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 which provided funding to the LSC on the condition that LSC attorneys refrain from representing clients in an attempt to amend or challenge existing welfare law violated the First Amendment's Free Speech Clause

Legal Services Corp. v. Velazquez, 531 US 533 (2001) Holding

Concluding that EDMo did not abuse its discretion when it dissolved an injunction under the Limitation of Liability Act, which prevented a seaman from suing a vessel owner in state court for personal injuries sustained aboard the vessel

Lewis v. Lewis & Clark Marine, Inc., 531 US 438 (2001) Holding

Concluding that petitioner could rely on a 1977 study to demonstrate that its present ban on multiple use adult establishments serves a substantial government interest in reducing crime.

Los Angeles v. Alameda Books, Inc., 535 US 425 (2002) Plurality Opinion Conclusion

Concluding that the Fourteenth Amendment's Due Process Clause did not prohibit petitioner from providing a parking ticket hearing to respondent 27 days after his car was towed.

Los Angeles v. David, 538 US 715 (2003) Holding

Concluding that respondents did not demonstrate that they suffered an injury in fact and that the Eight Circuit erred in holding that respondents had standing on the ground that the Endangered Species Act's citizen-suit provision conferred on all persons the right to file suit to challenge the Interior Secretary's failure to follow the proper consultative procedure

Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (Justice Scalia Opinion Conclusion)

"The crux of that doctrine is that a search is a search by a federal official if he had a hand in it; it is not a search by a federal official if evidence secured by state authorities is turned over to the federal authorities on a silver platter."

Lustig v. United States, 338 US 74 (1949) (Felix Frankfurter)

"The criminal goes free, if he must, but it is the law that sets him free."

Mapp v. Ohio, 367 US 643 (1961) (Tom Clark)

"It has been argued that such an appellate jurisdiction over state courts is inconsistent with the genius 343*343 of our governments, and the spirit of the constitution. That the latter was never designed to act upon state sovereignties, but only upon the people, and that if the power exists, it will materially impair the sovereignty of the states, and the independence of their courts. We cannot yield to the force of this reasoning; it assumes principles which we cannot admit, and draws conclusions to which we do not yield our assent. It is a mistake that the constitution was not designed to operate upon states, in their corporate capacities. It is crowded with provisions which restrain or annul the sovereignty of the states in some of the highest branches of their prerogatives."

Martin v. Hunter's Lessee, 14 US 304 (1816) (Joseph Story)

"The words [of the constitution] are to be taken in their natural and obvious sense, and not in a sense unreasonably restricted or enlarged."

Martin v. Hunter's Lessee, 14 US 304 (1816) (Joseph story)

A work that responds to criticism over Circuit rules preventing citation to unpublished opinions

Martineau, Restrictions on Publication and Citation of Judicial Opinions: A Reassessment, 28 U. Mich. J. L. Ref. (1994)

Concluding that respondent's arrest violated neither the Fourth Amendment's Search and Seizure Clause nor the Fourteenth Amendment's Due Process Clause in part because the officer had probable cause.at the time of arrest.

Maryland v. Pringle, 540 US 366 (2003) Holding

Concluding that petitioners had standing to challenge the EPA's denial of their rule-making petition, the Court could reverse the agency decision under the CAA, the agency had statutory authority to regulate greenhouse gas from new motor vehicles, and the agency's alternative basis for its decision rested on reasoning divorced from the statute.

Massachusetts v. EPA, 549 U.S. 497 (2007) (Justice Stevens Opinion Conclusion)

"But the relation of a taxpayer of the United States to the Federal Government is very different. H[er or h]is interest in the moneys of the Treasury — partly realized from taxation and partly from other sources — is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation, of any payment out of the funds, so remote, fluctuating and uncertain, that no basis is afforded for an appeal to the preventive powers of a court of equity."

Massachusetts v. Mellon, 262 US 447 (1923) (George Sutherland)

The question is the meaning of the word `vehicle' in the phrase "any other self-propelled vehicle not designed for running on rails." No doubt etymologically it is possible to use the word to signify a conveyance working on land, water or air, and sometimes legislation extends the use in that direction...But in everyday speech `vehicle' calls up the picture of a thing moving on land."

McBoyle v. United States, 283 US 25 (1931) (Oliver Wendell Holmes Jr.)

"Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional."

McCulloch v. Maryland, 17 US 316 (1819) (John Marshall)

"I cannot imagine that the majority favors interpreting statutes by choosing the first definition that appears in a dictionary."

Mississippi Poultry Ass'n, Inc. v. Madigan, 992 F. 2d 1359 (5th Cir. 1993) (Thomas Reavley)

Concluding that federal maritime law imposes a duty to avoid unseaworthiness

Mitchell v. Trawler Racer, Inc., 362 US 539 (1960) Holding

"Crime, as a compound concept, generally constituted only from concurrence of an evil-meaning mind with an evil-doing hand, was congenial to an intense individualism and took deep and early root in American soil. As the states codified the common law of crimes, even if their enactments were silent on the subject, their courts assumed that the omission did not signify disapproval of the principle but merely recognized that intent was so inherent in the idea of the offense that it required no statutory affirmation."

Morissette v. United States, 342 US 246 (1952) (Robert Jackson)

Concluding that 18 U.S.C. §641 which provides that "whoever embezzles, steals, purloins, or knowingly converts" government property is punishable by fine and imprisonment. contains a mens rea requirement

Morissette v. United States, 342 US 246 (1952) Holding

Oczywiscie

Most private equity funds avoid mandatory compliance with 26 U.S.C. 409A by requiring the award exercise price to equal the fair market value of the underlying stock on the grant date (Please answer in Polish)

Felix Frankfurter

Mr. Justice Holmes and the Supreme Court (1961) Author

The business judgment rule requires that the director or officer behave as a reasonably prudent person would in the circumstances (Please answer in Estonian)

Muidugi

Concluding that a statute providing that postmasters of the first, second, and third classes would appointed by the President but removed by the President with the advice and consent of the Senate was unconstitutional

Myers v. United States, 272 U.S. 52 (1926) Holding

ANOVA Table for Multiple Linear Regression Residual Degrees of Freedom: ?

N - (k + 1)

"It would be a narrow conception of jurisprudence to confine the notion of "laws" to what is found written on the statute books, and to disregard the gloss which life has written upon it. Settled state practice cannot supplant constitutional guarantees, but it can establish what is state law."

Nashville, C. & St. LR Co. v. Browning, 310 US 362 (1940) (Felix Frankfurter)

"The immunity enjoyed by the United States as territorial sovereign is a legal doctrine which has not been favored by the test of time. It has increasingly been found to be in conflict with the growing subjection of governmental action to the moral judgment. A reflection of this steady shift in attitude toward the American sovereign's immunity is found in...observations in unanimous opinions of [the] court."

National City Bank of NY v. Republic of China, 348 US 356 (1955) (Felix Frankfurter)

"The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality."

National Environment Policy Act of 1969 §2

"The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries."

National Labor Relations Act §1

"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."

National Labor Relations Act §7

Many courts do not apply the res judicata doctrine broadly to bar not only claims that have already been litigated but also every claim arising from the same transaction that the parties could have raised but did not (Please answer in Danish)

Naturligvis Ikke

Under FRCP, a party cannot challenge a jury verdict by filing a motion for a new trial (Please answer in Danish)

Naturligvis Ikke

Consent may be implied if there is no reason to believe that the plaintiff would have withheld consent if presented with the challenged action (Please answer in Dutch)

Natuurlijk

When it comes to the choice of law in contracts cases, if the contract does not have a choice of law clause, under the Second Restatement, a court can consider the location of the subject of the contract in its analysis (Please answer in Dutch)

Natuurlijk

The use of deadly force is justified outside of circumstances where a person reasonably believes that she or he would suffer serious bodily injury or death from an attack (Please answer in Dutch)

Natuurlijk Niet

Under FRCP, in order to bring a class action, plaintiffs need not demonstrate that common questions of law and fact exist among the class members (Please answer in Serbo-Croatian)

Concluding that petitioner's complaint raising a 42 U.S.C. §1983 claim was not the functionally equivalent of a §2254 habeas petition. The result is that petitioner's §1983 claim was not barred by 28 U. S. C. § 2244(b).

Nelson v. Campbell, 541 US 637 (2004) Justice O'Connor Opinion Conclusion

This item is a performance measure

Net Operating Profit After Taxes

EBIT x (1- tax rate)

Net Operating Profit After Taxes Equation

This item is a performance measure

Net Operating Working Capital

Operating Current Assets - Operating Current Liabilities

Net Operating Working Capital Equation

This item is a profitability measure

Net Profit Margin

Net Income/Sales

Net Profit Margin Equation

All citizens of the United States (not laboring under the disabilities named in this constitution) of the age of eighteen years and upwards, who shall have actually, and not constructively, resided in the state six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now or hereafter may be elected by the people, and upon all questions submitted to the electors at such election; provided, that no person who has been or may be convicted of treason or felony in any state or territory of the United States, unless restored to civil rights, and no person who has been adjudicated mentally incompetent, unless restored to legal capacity, shall be entitled to the privilege of an elector. There shall be no denial of the elective franchise at any election on account of sex. The legislature may provide by law the conditions under which a citizen of the United States who does not have the status of an elector in another state and who does not meet the residence requirements of this section may vote in this state for President and Vice President of the United States.

Nev. const. art. 2 §1 (Right to vote; qualifications of elector; qualifications of nonelector to vote for President and Vice President of United States.)

"As used in this Section, "contribution" includes the value of services provided in kind for which money would otherwise be paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid campaign paraphernalia printed or otherwise produced, and the use of paid personnel to assist in a campaign. The Legislature shall provide by law for the limitation of the total contribution by any natural or artificial person to the campaign of any person for election to any office, except a federal office, to $5,000 for the primary and $5,000 for the general election, and to the approval or rejection of any question by the registered voters to $5,000, whether the office sought or the question submitted is local or for the State as a whole. The Legislature shall further provide for the punishment of the contributor, the candidate, and any other knowing party to a violation of the limit, as a felony."

Nev. const. art. 2 §10 (Limitation on contributions to campaign)

"All elections by the people shall be by ballot, and all elections by the Legislature, or by either branch thereof shall be "Viva-Voce".

Nev. const. art. 2 §5 (Voting by ballot; voting in elections by legislature)

The Legislative authority of this State shall be vested in a Senate and Assembly which shall be designated "The Legislature of the State of Nevada" and the sessions of such Legislature shall be held at the seat of government of the State.

Nev. const. art. 4 §1 (Legislative power vested in senate and assembly)

Each House shall keep a journal of its own proceedings which shall be published and the yeas and nays of the members of either house on any question shall at the desire of any three members present, be entered on the journal.

Nev. const. art. 4 §14 (Journal)

Either House, during the session, may punish, by imprisonment, any person not a member, who shall have been guilty of disrespect to the House by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session.

Nev. const. art. 4 §7 (Punishment of nonmember)

The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for payment of any debts or liabilities hereafter contracted; And there shall be no imprisonment for debt, except in cases of fraud, libel, or slander, and no person shall be imprisioned [imprisoned] for a Militia fine in time of Peace.

Nev. const. art. I §14 (Exemption of property from execution; imprisonment for debt)

Neither Slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this State.

Nev. const. art. I §17 (Slavery and involuntary servitude prohibited)

Treason against the State shall consist only in levying war against it, adhering to its enemies or giving them Aid and Comfort. And no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Nev. const. art. I §19 (Treason)

This enumeration of rights shall not be construed to impair or deny others retained by the people.

Nev. const. art. I §20 (Rights retained by people)

1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. 2. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage, and no person has the right to make any claim against a religious organization or member of the clergy for such a refusal.

Nev. const. art. I §21 (Recognition of marriage.)

Concluding that a tribal court may not assert jurisdiction over civil claims against state officials who entered tribal land to execute a search warrant against a tribe member suspected of having violated state law outside the reservation

Nevada v. Hicks, 533 US 353 (2001) Holding

Concluding that print and electronic publishers violate the rights of freelancers under §201(c) of the Copyright Act when they include the freelancers already-published articles in computer databases without the author's permission

New York Times Co. v. Tasini, 533 US 483 (2001) Holding

Concluding that 47 U. S. C. § 253 does not authorize preemption of state laws and regulations expressly or effectively prohibiting the ability of one of the state's municipalities to provide telecommunications service.

Nixon v. Missouri Municipal League, 541 US 125 (2004) Justice Souter Opinion Conclusion

"Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them."

Northwest Ordinance, art. 3, July 13, 1787

"A claim under § 706(1) can proceed only where a plaintiff asserts that an agency failed to take a discrete agency action that it is required to take. These limitations rule out several kinds of challenges. The limitation to discrete agency action precludes the kind of broad programmatic attack we rejected in Lujan v. National Wildlife Federation, 497 U. S. 871 (1990)...The limitation to required agency action rules out judicial direction of even discrete agency action that is not demanded by law (which includes, of course, agency regulations that have the force of law). Thus, when an agency is compelled by law to act within a certain time period, but the manner of its action is left to the agency's discretion, a court can compel the agency to act, but has no power to specify what the action must be."

Norton v. Southern Utah Wilderness Alliance, 542 US 55 (2004) (Antonin Scalia)

Concluding that the Bureau of Land Management's failure to act under 43 U. S. C. §1782 and 43 CFR §1601 was not remediable under §706(1) of the APA.

Norton v. Southern Utah Wilderness Alliance, 542 US 55 (2004) Justice Scalia Opinion Conclusion

Casus omissus pro omisso habendus est

Nothing is to be added to what the text states or reasonably implies

When it comes to Hypothesis Tests on Regression Coefficients, the lower the p value, the weaker the case for this item will be

Null Hypothesis

Multiple Linear Regression Equation n

Number of Observations

Testing the Significance of the Correlation Coefficient n

Number of Observations

A work that documents increasing reliance on central legal staffs in the various Court of Appeals

Oakley, The Screening of Appeals: The Ninth Circuit's Experience in the Eighties and Innovations for the Nineties, 1991 B.Y.U. L. Rev. 859

When it comes to Analysis of Variance in a Regression with One Independent Variable, in the SSE Equation, Y1Hat is this item

Observed Value

Standard Error of Estimate Equation B1Hat

Observed Value of the Parameter

A person may not defend a third party from an attack to the same degree that the law would allow the third party to defend herself or himself (Please answer in Polish)

Oczywiscie Ze Nie

Richard Fallon

Of Justiciability, Remedies, and Public Law Litigation: Notes on the Jurisprudence of Lyons, 59 N.Y.U. L. Rev. (1984) Author

"The Government ought not to use evidence obtained and only obtainable by a criminal act....for my part I think it a less evil that some criminals should escape than that the Government should play an ignoble part....If the existing code does not permit district attorneys to have a hand in such dirty business it does not permit the judge to allow such iniquities to succeed.

Olmstead v. United States, 277 US 438 (1928) (Oliver Wendell Holmes Jr.)

When it comes to Analysis of Variance in a Regression with One Independent Variable, the F-Statistic test is this item

One Tailed

NOPAT + Depreciation + Amortization

Operating Cash Flow Equation

Concluding that state Department of Corrections regulations limiting noncontact prisoner visits to clergy, attorneys, and individuals on an approved visitor list did not violate the Fourteenth Amendment's Due Process Clause, the Eighth Amendment's Cruel and Unusual Punishment Clause, or the First Amendment.

Overton v. Bazzetta, 539 US 126 (2003) Holding

"A takings claim challenging the application of land-use regulations is not ripe unless "the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue...A final decision by the responsible state agency informs the constitutional determination whether a regulation has deprived a landowner of "all economically beneficial use" of the property...or defeated the reasonable investment-backed expectations of the landowner to the extent that a taking has occurred...These matters cannot be resolved in definitive terms until a court knows "the extent of permitted development" on the land in question."

Palazzolo v. Rhode Island, 533 US 606 (2001) (Anthony Kennedy)

"When a statute is reasonably susceptible of two interpretations, by one of which it is unconstitutional and by the other valid, the court prefers the meaning that preserves to the meaning that destroys."

Panama Refining Co. v. Ryan, 293 US 388 (1935) (Cardozo, J., dissenting)

A work that argues that the reliance on original meaning violates Lockean premises because the present society did not adopt the constitution and those who did have passed away

Paul Brest, Misconceived Quest for the Original Understanding, 60 B.U.L. Rev. 204 (1980)

Concluding that the Eighth Amendment erects no per se bar prohibiting a capital sentencing jury from considering "victim impact" evidence relating to the victim's personal characteristics and the emotional impact of the murder on the victim's family, or precluding a prosecutor from arguing such evidence at a capital sentencing hearing.

Payne v. Tennessee, 501 U.S. 808 (1991) Holding

Concluding that the 278th Judicial District Court's jury instructions on mitigating evidence of mental retardation in capital cases violated Penry v. Lynaugh, 492 U. S. 302 (1989) and, that admission into evidence of statements from a psychiatric report based on an uncounseled interview with the petitioner did not violate his Fifth Amendment privilege against self-incrimination

Penry v. Johnson, 532 US 782 (2001) Holding

"We are not to strain an immunity to the point at which human nature rebels against honoring it in conduct. The peace officer empowered to arrest must be empowered to disarm. If he may disarm, he may search, lest a weapon be concealed. The search being lawful, he retains what he finds if connected with the crime. We may be sure that the law would be flouted and derided if, defeating its own ends, it drew too fine a point, after sanctioning the search, between the things to be retained and the things to be returned."

People v. Chiagles 237 NY 193 (1923) (Benjamin Cardozo)

"We are confirmed in this conclusion when we reflect how far-reaching in its effect upon society the new consequences would be. The pettiest peace officer would have it in his power through overzeal or indiscretion to confer immunity upon an offender for crimes the most flagitious. A room is searched against the law, and the body of a murdered man is found. If the place of discovery may not be proved, the other circumstances may be insufficient to connect the defendant with the crime...Like instances can be multiplied. We may not subject society to these dangers until the Legislature has spoken with a clearer voice...The question is whether protection for the individual would not be gained at a disproportionate loss of protection for society. On the one side is the social need that crime shall be repressed. On the other, the social need that law shall not be flouted by the insolence of office. There are dangers in any choice."

People v. Defore 242 NY 13 (1926) (Benjamin Cardozo)

Concluding that the Maine Rx Program violated neither the Supremacy nor Dormant Commerce Clauses

Pharmaceutical Research and Mfrs. of America v. Walsh, 538 US 644 (2003) Holding

"Before addressing the merits of petitioner's claims, we must first consider whether we have jurisdiction to hear the case. Under 28 U. S. C. § 1257(a), this Court has certiorari jurisdiction to review "[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had . . . where the validity of a . . . statute of the United States is drawn in question . . . on the ground of its being repugnant to the Constitution . . . of the United States." As a general matter, to be reviewed by this Court, a state-court judgment must be final "`as an effective determination of the litigation and not of merely interlocutory or intermediate steps therein.'" Jefferson v. City of Tarrant, 522 U. S. 75, 81 (1997) (quoting Market Street R. Co. v. Railroad Comm'n of Cal., 324 U. S. 548, 551 (1945)). We have acknowledged, however, that certain state-court judgments can be treated as final for jurisdictional purposes, even though further proceedings are to take place in the state courts. Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 477-483 (1975) (outlining four exceptions to the finality rule). See also, e.g., ASARCO Inc. v. Kadish, 490 U. S. 605, 611-612 (1989) (applying the Cox exceptions); Duquesne Light Co. v. Barasch, 488 U. S. 299, 306-307 (1989) (same)."

Pierce County v. Guillen, 537 US 129 (2003) (Clarence Thomas)

Because the modern avoidance canon is triggered by mere constitutional doubt rather than a finding of actual unconstitutionality, its effect is "to enlarge the already vast reach of constitutional prohibition beyond even the most extravagant modern interpretation of the Constitution - to create a judge made penumbra that has much the same prohibitory effect as...the Constitution itself."

Posner, Statutory Interpretation - In the Classroom and in the Courtroom, 50 U. Chi. L. Rev. (1983)

Concluding that the Postal Service is not subject to antitrust liability

Postal Service v. Flamingo Industries (USA) Ltd., 540 U.S. 736 (2004) Justice Kennedy Opinion Conclusion

Pressure maintenance operations are not typically undertaken early in the life of a reservoir. (Please answer in Spanish)

This item is a market value measure

Price Earnings Ratio

Concluding that under the presumption against waiver of sovereign immunity, a federal statute granting the Court of Claims with jurisdiction over "all claims for property of citizens of the United States taken or destroyed by" Native Americans authorized recovery for 32 oxen taken by Osage Native Americans but not a wagon that the oxen drove that was neither taken nor destroyed

Price v. United States, 174 US 373 (1899) Holding

Individuals that participated in foreign governments are not included in the FSIA extended immunity to foreign governments (Please answer in Latvian)

Protams

Under FRCP 23, claims are typical if they all arise from a single event or if they are all based on common theories (Please answer in Latvian)

Protams

Under FRCP, in order to bring a class action, plaintiffs need not demonstrate that the claims of the representatives and the class members are typical (Please answer in Latvian)

Protams Ka Ne

Under FRCP, in order to bring a class action, plaintiffs need not satisfy the adequacy of representation requirement (Please answer in Latvian)

Protams Ka Ne

Maimon Schwarzschild

Public Law by Private Bargain: Title VII Consent Decrees and the Fairness of Negotiated Institutional Reform, 1984 Duke L.J. 887

ANOVA Table for Simple Linear Regression (k =1) Regression (Explained) Sum of Squares

RSS

A work that provides an extensive analysis of problems involving tenure and removal in the Constitution

Raoul Berger, Impeachment: The Constitutional Problems (1973)

Concluding that the 1976 FSIA applies to claims that are based on conduct that occurred before its enactment and the United States' 1952 adoption of the "restrictive theory" of sovereign immunity.

Republic of Austria v. Altman, 541 U.S. 677 (2004) Justice Stevens Opinion Conclusion

(1) Where an offer invites an offeree to accept by rendering a performance and does not invite a promissory acceptance, an option contract is created when the offeree tenders or begins the invited performance or tenders a beginning of it. (2) The offeror's duty of performance under any option contract so created is conditional on completion or tender of the invited performance in accordance with the terms of the offer.

Restatement of Contracts § 45 (1979)

"A promise which the promisor should reasonably expect to include action or forbearance on the part of the promisee or a third person wand which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise."

Restatement of Contracts § 90 (1932)

Net Income/(Fixed Assets + Working Capital)

Return on Net Assets Equation

A work that offers commentary on specialized federal courts

Revesz, Specialized Courts and the Administrative Lawmaking System, 138 U. Pa. L. Rev. (1990)

A work that documents criticism over Circuit rules preventing citation to unpublished opinions

Reynolds and Richman, An Evaluation of Limited Publication in the United States Court of Appeals: The Price of Reform, 48 U. Chi. L. Rev. (1981)

"It did nothing of the sort. Rather, it created a government of separated institutions sharing powers."

Richard Neustadt, Presidential Power (1980)

This item is a type of security

Rights

William Smith

Rights and Liabilities of Subsurface Operations, 8th Oil & Gas Inst. (1957) Author

"The subordination of women is institutionalized and enforced by an overwhelming array of the most powerful forces available including individual and collective terror and violence, official and unofficial; law, custom, and convention; and social and economic structures and is backed by the state itself."

Robert Dahl, Equality Versus Inequality, 29 PS: Political Science & Politics 639 (1996)

"The requirement that government articulate its aims with a reasonable degree of clarity ensures that state power will be exercised only on behalf of policies reflecting an authoritative choice among competing social values, reduces the danger of caprice and discrimination in the administration of the laws, enables individuals to conform their conduct to the requirements of law, and permits meaningful judicial review."

Roberts v. United States Jaycees, 468 US 609 (1984) (William Brennan)

Concluding that nonfatal injuries caused by the breach of the federal maritime duty to avoid negligence are compensable

Robins Dry Dock & Repair Co. v. Dahl, 266 US 449 (1925) Holding

"It would be a stultification of the responsibility which the course of constitutional history has cast upon this Court to hold that in order to convict a man the police cannot extract by force what is in his mind but can extract what is in his stomach."

Rochin v. California, 342 US 165 (1952) (Felix Frankfurter)

If a party who contracts with a promotor knows that the corporation has not yet been formed and agrees to only look to the corporation for performance and sues on the contract, the promotor can still be found liable in the suit (Please answer in Czech)

Rozhodne Ne

72/Interest Rate

Rule of 72 Equation

"The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate."

Rules Enabling Act §2

When it comes to the choice of law in contracts cases, if the contract does not have a choice of law clause, under the Second Restatement, a court can consider where the contract was negotiated in its analysis (Please answer in Norwegian)

Selvfolgelig

Generally in states that impose a duty to retreat, the duty applies to the use of non-deadly and deadly force (Please answer in Norwegian)

Selvfolgelig Ikke

Concluding that the claim preclusive effect of a federal judgment dismissing a diversity action on statute-of-limitations grounds is not determined by the law of the state in which the federal court sits. The result is that federal common law governs the claim-preclusive effect of a dismissal by a federal court sitting in diversity and normally the law that would be applied by state courts in the state in which the federal diversity court sits is the federally prescribed rule of decision.

Semtek Int'l Inc. v. Lockheed Martin Corp., 531 US 497 (2001) Holding

Concluding that the state supreme court erred in declaring Simmons v. South Carolina, 512 U. S. 154 (1994) inapplicable to the state's current sentencing scheme

Shafer v. South Carolina, 532 US 36 (2001) Holding

Concluding that prisoners do not possess a First Amendment right of association to provide legal assistance that enhances the protections otherwise available under Turner v. Safley, 482 U. S. 78 (1987).

Shaw v. Murphy, 532 US 223 (2001) Holding

Charles Fried

Sonnet LXV and the "Black Ink" of the Framers' Intention, 100 Harv. L. Rev. (1987) Author

"Limitations and conditions upon which the Government consents to be sued must be strictly observed and exceptions thereto are not to be implied."

Soriano v. United States, 352 US 270 (1957) (Tom Clark)

Concluding that the Eighth Amendment bars prosecutors from making statements on a victim's personal qualities to a sentencing jury during the penalty phase of a capital trial where the statement does not directly relate to the "circumstances of the crime."

South Carolina v. Gathers, 490 US 805 (1989) Holding

"The word "person" in the context of the Due Process Clause of the Fifth Amendment cannot, by any reasonable mode of interpretation, be expanded to encompass the States of the Union, and to our knowledge this has never been done by any court."

South Carolina v. Katzenbach, 383 US 301 (1966) (Earl Warren)

Concluding that the 1965 Voting Rights Act state prohibition on the use of a "test or device" was a permissible exercise of Congress' power under §2 of the Fifteenth Amendment

South Carolina v. Katzenbach, 383 US 301 (1966) Holding

This item is used to measure how well a regression model captures the relationship between the two variables. It indicates how well the regression line fits the sample data and is used to determine how certain one can be about a particular prediction of the dependent variable based on a regression equation.

Standard Error of Estimate

A work that offers commentary on specialized federal courts

Stone, Generalist Judges in a Specialized World, 50 S.M.U.L.Rev. (1997)

"A convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components. First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable."

Strickland v. Washington, 466 U.S. 668 (1984) (Sandra O'Connor)

"We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous,...he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him."

Terry v. Ohio, 392 US 1 (1968) (Earl Warren)

H.L.A. Hart

The Aims of the Criminal Law, 23 Law & Contemp. Probs. (1958) Author

Superordinating canon

The doctrine that superordinating language merely shows which provision prevails in the event of a clash but does not necessarily denote a clash of provisions

Repealability canon

The doctrine that the legislature cannot derogate from its own authority or the authority of its successors

Repeal of repealer canon

The doctrine that the repeal or expiration of a repealing statute does not reinstate the original statute

Artificial Person Canon

The doctrine that the word person includes corporations and other entities but not local, state, or the national government

Nearest reasonable referent canon

The doctrine that when the syntax involves something other than a parallel series of nouns or verbs, a prepositive or postpositive modifier normally applies only to the nearest reasonable referent

Series qualifier canon

The doctrine that when there is a straight forward, parallel construction that involves all nouns or verbs in a series, a prepositive or postpositive modifier applies to each item in the series

Ejusdem generis canon

The doctrine that where general words follow an enumeration of two or more things, they apply only to persons or things of the same general kind or class specifically mentioned

Jiste

The easiest way that a lender can guard themselves against a fraudulent conveyance action is to ensure that the transferor will be solvent after the lending transaction closes (Please answer in Czech)

Expressio unius est exlusio alterius

The expression of one thing implies the exsclusion of the other

Breakeven Point

The point at which a firm breaks even on a given product or service incurring neither a profit or loss.

Asset Backed Pass-through Certificates v. Guzik, No. CAAP-18-0000011, 2019 WL 1468445, at *1 (Haw. Ct. App. Apr. 2, 2019)

In re Marn Family Litig., 143 Haw. 236, 426 P.3d 460 (Ct. App. 2018)

Texas Am. Energy Corp v. Citizens Fidelity Bank & Trust Co., 736 S.W.2d 25, 99 O.&G.R. 258 (Ky. 1987)

This case can be cited for the proposition that acquisition of oil and gas is not analogous to acquisition of wild animals

Belknap v Schild, 161 U.S. 10 (1896)

This case can be cited for the proposition that certain aspects of the American constitutional structure deviate from and are incompatible with English premises about government making certain English common law traditions inaposite to aspects of the U.S. constitution.

United States v. Wigglesworth, 28 F. Cas. 595 (1842)

This case can be cited for the proposition that tax statutes are to be strictly construed

State v. Hara, No. SCPW-15-0000697, 2015 WL 5724293, at *1 (Haw. Sept. 28, 2015)

This case can be cited for the proposition that, under the Hawaii Rules of Appellate Procedure, a writ of prohibition is not meant to serve as a legal remedy in lieu of normal appellate procedures; rather, it is available in "rare and exigent circumstances" where "allow[ing] the matter to wend its way through the appellate process would not be in the public interest and would work upon the public irreparable harm"

Cohen v. Beneficial Industrial Loan Corp., 337 US 541 (1949)

This case can be cited for the proposition that, under the collateral order doctrine, an order may be considered final if it disposes of a matter that is separable from, and collateral to the merits of the main proceeding, is too important to be denied review, and is too independent of the case itself to require that appellate consideration be deferred until the whole case is adjudicated.

Millar v Taylor [1769]

This case established the rule that UK courts would not use legislative history in deciding cases

The Emily and the Caroline, 22 U.S. 381, (1824) (Smith Thompson)

This case is often cited in support of the presumption against ineffectiveness

American Net & Twine Co. v. Worthington, 141 US 468 (1891)

This case is often cited in support of the proposition that ambiguities in tariff and tax statutes should be construed in favor of the taxpayer

Cty. of Hawai'i v. UniDev, LLC, No. CAAP-10-0000188, 2012 WL 13027720, at *1 (Haw. Ct. App. Feb. 23, 2012)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Himalaya-Fidele v. Blondin, No. 29724, 2009 WL 1090379, at *1 (Haw. Apr. 20, 2009)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

In re Walter, No. 30350, 2011 WL 2464745, at *1 (Haw. Ct. App. June 16, 2011)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Johnson v. Gangnes, No. SCPW-12-0000401, 2012 WL 1571404, at *1 (Haw. May 4, 2012)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

McEnry v. Dist. Court of First Circuit, Waianae Div., No. 30705, 2010 WL 3441083, at *1 (Haw. Aug. 31, 2010)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Murakami v. Hifo, No. 29274, 2008 WL 3275506, at *1 (Haw. Aug. 7, 2008)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Phillip G. Kuchler, Inc. v. Abe Lee Realty, LLC, 129 Haw. 450, 303 P.3d 1227 (Ct. App. 2013)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Velez v. Fujino, No. SCPW-12-0000353, 2012 WL 1293242, at *1 (Haw. Apr. 13, 2012)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

1891 Evarts Act

This item absolved Supreme Court Justices of their obligations to ride circuit and established circuit courts of appeals consisting of three judges each

Act of March 3, 1863

This item added a tenth Justice to the U.S. Supreme Court

Act of Sept. 2, 1958

This item amended 28 USC 1292 to permit district courts to certify questions for interlocutory appeal

1793 Judiciary Act

This item amended the 1789 Judiciary Act by requiring only 1 Justice per Circuit Court

Grossman and Stiglitz, On the Impossibility of Informationally Efficient Markets, 70 Am. Econ. Rev. (1980)

This item argues that prices only partially reflect the information level of the most sophisticated trader. Here, the price becomes more informative as the number of well-informed individuals trading the security increases. The price is completely accurate only if all traders have full information

Chapter 3 of the 1948 Judicial Code

This item changed the name of the former circuit court of appeals to the United States Court of Appeals and codified the provisions establishing them

Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd [1961] (The Wagon Mound)

This item disapproves of the reasoning in Polemis v Furness Withy & Co Ltd [1921]

Irish Church Act of 1869

This item disestablished the Irish Church

Act of Oct. 14, 1980

This item divided the old Fifth Circuit into the new Fifth Circuit and the Eleventh Circuit

Ariz. Rev. Stat. §14-104

This item enacts a repealer of the rule of lenity

Cal. Penal Code §4

This item enacts a repealer of the rule of lenity

Ky. Rev. Stat. ch. 208, §1

This item enacts a repealer of the rule of lenity

Texas Acts, 63rd Leg., p. 883, ch. 399 §1

This item enacts a repealer of the rule of lenity

1937 Tax Injunction Act

This item forbids federal injunctions against "the assessment, levy or collection of any tax imposed by or pursuant to the laws of any state" as long as "a plain, speedy, and efficient remedy may be had at law or in equity in the courts of such state."

Corzelius v. Harrell 186 SW 2d 961 (1945)

This item involved the Texas Railroad Commission's authority to regulate gas production to protect correlative rights in a reservoir where only one of the two reservoir operators was engaged in cycling operations. Although the issue was not directly raised, the Texas Supreme Court seemed to have assumed that the rule of capture applied to the dry gas that was reinjected .

Pressure Maintenance

This item is a method of prolonging the life and increasing the efficiency of an oil reservoir whose primary source of energy is derived either from the expansion of solution gas or from a gas-cap drive

Hiring accountants to prepare pro forma financial statements dated as close to the transaction date as possible

This item is a part of due diligence to avoid fraudulent conveyance actions

Inviting independent appraisers to value the firm's assets

This item is a part of due diligence to avoid fraudulent conveyance actions

Requesting that the transferor's general counsel prepare a legal opinion providing her or his opinion of the transaction's enforceability

This item is a part of due diligence to avoid fraudulent conveyance actions

Term Sheet

This item is entered into before the main acquisition agreement is signed

Dubuque & Pacific R. Co. v. Litchfield, 64 US 66 (1859)

This item is the first case of the U.S. Supreme Court using legislative history to interpret a statute

Consideration for the time and expense the buyer incurs with the transaction

This item is typically covered by a clause in a no-shop agreement

Contract Duration

This item is typically covered by a clause in a no-shop agreement

Covenants to ensure ongoing exclusivity after the signing of the acquisition agreement

This item is typically covered by a clause in a no-shop agreement

Extensions

This item is typically covered by a clause in a no-shop agreement

Negative covenants restricting the seller from 'shopping' the target to other buyers during the exclusivity period

This item is typically covered by a clause in a no-shop agreement

Dividend Recapitalization

This item is used by PE Funds to recover a large portion of their equity investment in a venture while retaining their ownership interests

Debt to Capital Ratio[OH1] [OH1]Market to Debt Ratio Market to Debt = Total Liabilities/(Total Liabilities + Market Value of Equity) This metric used to determine a firm's financial strength vis-vis firms in a similar sector. A higher ratio means more debt generally...

This metric discloses the proportion of a company's total debt relative to its assets and is also used to assess leverage

Price Earnings Ratio

This metric discloses the value of the firm's current price share compared to its per share earnings

Quick Ratio

This metric discloses whether a firm as enough short term assets to cover its immediate liabilities without selling inventory. The higher the figure, the safer the firm

Times Interest Earned

This metric measures a firm's ability to pay interest on its outstanding debt and the extent to which operating income can decline before the firm can meet its annual interest expenses

Current Yield

This metric measures an investment's return. The higher the item, the higher the return on the investment

Fixed Asset Turnover

This metric measures how effectively the company uses its assets to generate sales. The higher the ratio, the better the company is at generating sales from its assets

Days in Inventory

This metric measures the average number of days the company holds the inventory before selling it to customers

Free Cash Flow

This metric measures the cash flow available after the company has made all investments in fixed assets and working capital necessary to sustain ongoing operations

Net Operating Working Capital

This metric measures the firm's liquidity and growth potential

Firms That Cannot Feasibly Comply With The Ban Because Of Their Size

The Amount Of Compensation The Supervisor Can Procure From The Associated Person Being Supervised

Changes And Validation Of Customer Account Information Including Address Changes And Changes In Investment Objectives

Under FINRA Rule 3110, investment management firms must test and verify a location's supervisory policies and procedures for this item

Maintaining Books And Records

Under FINRA Rule 3110, investment management firms must test and verify a location's supervisory policies and procedures for this item

Safeguarding Customer Funds And Securities

Under FINRA Rule 3110, investment management firms must test and verify a location's supervisory policies and procedures for this item

Supervision Of Supervisory Personnel

Under FINRA Rule 3110, investment management firms must test and verify a location's supervisory policies and procedures for this item

Transmission Of Funds And Securities To An Account Where The Customer On The Original Account Is Not A Named Account Holder

Under FINRA Rule 3110, investment management firms must test and verify a location's supervisory policies and procedures for this item

Sí

Under FINRA Rule 3130, firm policies must provide a way for customers to verify these changes and guarantee that the firm retains records of customer verifications under Exchange Act Rule 17a-4. (Please answer in Spanish)

All Affected Associated Persons

Under FINRA Rule 3130, firms must communicate changes in written/work supervisory procedures to these individuals

Someone Who Is Not Registered As A Principal

Under FINRA Rule 3130, review of supervisory policies and procedures for safeguarding customer funds and securities; maintenance of books and records; supervision of supervisory personnel; transmission of funds and securities to an account where the customer on the original account is not a named account holder; and changes and validation of customer account information including address changes and changes in investment objectives can be delegated to this individual

Internal Investigations

Under FINRA Rule 3130, this item must be conducted at least once every three years for non-supervisory branches

Internal Investigations

Under FINRA Rule 3130, this item must be conducted at least once every year for supervisory jurisdiction offices and supervisory branches

Internal Investigations

Under FINRA Rule 3130, this item must be conducted on a regular periodic basis for non- branch locations

Written/Work Supervisory Procedures

Under FINRA Rule, 3130, broker-dealers must retain and keep current copies of this item at each supervisory jurisdiction office and all other locations where the firm conducts supervisory activities

Statement Of Points On Appeal

Under the Alaska Rule of Appellate Procedure 204, a party may move for a time extension to file this item

Transcript Designation

Under the Alaska Rule of Appellate Procedure 204, a party may move for a time extension to file this item

Amend The Original Appeal Notice Fourteen Days After It Was Submitted

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that amends attorneys fees on appeal, you can do this item

File An Initial Notice Of Appeal Within The Customary Thirty-Day Time Limit

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that amends attorneys fees on appeal, you can do this item

Amend The Original Appeal Notice Fourteen Days After It Was Submitted

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that awards attorneys fees on appeal, you can do this item

File An Initial Notice Of Appeal Within The Customary Thirty-Day Time Limit

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that awards attorneys fees on appeal, you can do this item

Amend The Original Appeal Notice Fourteen Days After It Was Submitted

Under the Alaska Rules of Appellate Procedure, if you want to attack a lower court order that denies attorneys fees on appeal, you can do this item

Grants A Factual Statement Alteration Or Amendment Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Grants A Judgment Alteration Or Amendment Motion

Under the Alaska Rules of Appellate Procedure, in civil cases, the time for filing the appeal notice is automatically started when the lower court does this item

Natuurlijk Niet

Under the Alaska Rules of Appellate Procedure, the parties can never file a joint appeal notice. (Please answer in Dutch)

Naturlich Nicht

Under the Alaska Rules of Appellate Procedure, the same rules governing time limits for appeal from the state intermediate court of appeals to the state Supreme Court do not apply to appeals from Alaska district courts to the Alaska Supreme Court. (Please answer in German)

Alabama

Under the Appellate Procedure Rules of this state, filings served through mail are usually deemed to have been served once they are mailed with prepaid postage

Hawaii

Under the Appellate Procedure Rules of this state, filings served through mail are usually deemed to have been served once they are mailed with prepaid postage

Mississippi

Under the Appellate Procedure Rules of this state, filings served through mail are usually deemed to have been served once they are mailed with prepaid postage

Texas

Under the Appellate Procedure Rules of this state, filings served through mail are usually deemed to have been served once they are mailed with prepaid postage

Hawaii

Under the Appellate Procedure Rules of this state, notice must be filed with the appellate court clerk within thirty days of the rendition of the final judgment

Texas

Under the Appellate Procedure Rules of this state, notice must be filed with the appellate court clerk within thirty days of the rendition of the final judgment

The Entire Hawaii Supreme Court or Hawaii Intermediate Court of Appeals

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order is normally considered by this item

Argument Section

Under the Hawaii Rules of Appellate Procedure, a motion seeking a supersedeas bond or a stay on appeal of a civil judgment or order must contain this item

Hawaii Electronic Filing And Service Rules

Under the Hawaii Rules of Appellate Procedure, documents and notices filed in accordance with this item will be treated as if they comply with the filing, mailing, certified mailing, notice and service requirements of any part of the Hawaii Rules of Appellate Procedure."

Contain The Equivalent Of Standard 12-Point Pica Font and Yield No More Than 14 Characters To The Inch

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose A List Of All Judges Who Participated In The Matter

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Bar ID Number

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Disclose Case Name

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Serve The Document On All Other Parties

Under the Hawaii Rules of Appellate Procedure, if an electronically filed document triggers a time range for filing a response, the filer must do this item

Business Address

Under the Hawaii Rules of Appellate Procedure, if someone litigating before the Hawaii Intermediate Court of Appeals or Supreme Court changes this item during the course of the litigation, she or he must notify the relevant appellate court within 10 days of the change

Email Address

Mail Address

Phone Number

5 Days

Under the Hawaii Rules of Appellate Procedure, if the date on the proof of service with an electronically filed document does not correspond with the date the party actually received the document, the served party has this item from the date of receiving the relevant document to file a corrected acknowledgement of service.

Appendix

Under the Hawaii Rules of Appellate Procedure, text in this item need not be double or one-half spaced

Amicus Brief

Under the Hawaii Rules of appellate Procedure, the appellate clerk retains the authority to request additional copies of this item

Hypothesis Tests on Regression Coefficients T-Stat Equation

(Estimated Regression Coefficient - Hypothesized Value of the Regression Coefficient)/Standard Error of the Regression Coefficient

Coefficient of Determination Equation

(Explained Variation/Total Variation) = ((Total Variation - Unexplained Variation)/Total Variation) = 1 - Unexplained Variation/Total Variation

Auction Exclusivity Agreement Conventional Duration

2-30 Days

Noscitur a sociis doctrine

A canon of construction holding that a meaning of an unclear word or phrase especially one in a list should be determined by the words immediately surrounding it

Sjalvklart Inte

A claimant can never bring an abuse of process claim if there is malicious and deliberate misuse of regularly issued judicial process that is not justified by a legal action. (Please answer in Swedish)

Vero

A claimant may be able to bring a malicious prosecution claim if someone intentionally and maliciously institutes a legal action against the claimant without probable cause for an improper purpose and the action is terminated on the merits for the claimant after the claimant incurs monetary damages. (Please answer in Italian)

Gilles, Representational Standing: U.S. ex rel Stevens and the Future of Public Law Litigation, 89 Cal. L. Rev. (2001)

A work that Congress can not statutorily confer standing based on a sovereign interest in enforcing the criminal law

Bellia, Article III and the Cause of Action, 89 Iowa L. Rev. (2004)

A work that argues that modern standing doctrine attempts to generalize certain limits on the reach of judicial power in constitutional terms that were embedded in historic forms of action but were then eliminated by the merger of law and equity.

Grove, Standing as an Article II Nondelegation Doctrine, 11 U. Pa. J. Const. L. (2009)

A work that argues that standing doctrine can channel prosecutorial discretion

George Stroud, A Sketch of the Laws Relating to Slavery in the Several States of the United States (1827)

A work that covers U.S. slave law

Jaffe, Standing Again, 84 Harv. L. Rev. (1971)

A work that discusses the zone of interests test

Pamela McCorduck and Nancy Ramsey, The Futures of Women: Scenarios for the 21st Century (1996)

A work that estimates that top corporations and Congress will be sex equal by 2270 and 2500 respectively

Roger Daniels, Asian America: Chinese and Japanese in the United States Since 1850 (1988)

A work that provides a discussion of discrimination against Asian-Americans

Yoshiko Uchida, Desert Exile: The Uprooting of a Japanese-American Family (1982)

A work that provides a discussion of discrimination against Asian-Americans

Carlos Velez, "The Nonconsenting Sterilization of Mexican Women in Los Angeles," in Twice a Minority: Mexican American Women (1980)

A work that provides a discussion of discrimination against Hispanic Americans

Leonard Dinnerstein, History and Hate: The Dimensions of Anti-Semitism (1986)

A work that provides a discussion of discrimination against Jewish Americans

Note, 82 Geo L.J. 2079 (1994)

A work that provides a survey of government confessions of error

White, The Constitutional Journey of Marbury v. Madison, 89 Va. L. Rev. (2003)

A work that traces historically evolving interpretations of Marbury

Required assets increase ((total assets/sales) x change in sales) - accounts payable increase ((accounts payable/sales) x change in sales) - increase in retained earnings ((net profit margin x new sales) x (1 - payout ratio))

Additional Funds Needed Equation

Concluding that § 502(a) of ERISA pre-empted a cause of action under the Texas Health Care Liability Act. The result is that two cases originally brought in a Texas state court could be removed to federal district court.

Aetna Health Inc. v. Davila, 542 US 200 (2004) Holding

"The right without a search warrant contemporaneously to search persons lawfully arrested while committing crime and to search the place where the arrest is made in order to find and seize things connected with the crime as its fruits or as the means by which it was committed, as well as weapons and other things to effect an escape from custody, is not to be doubted."

Agnello v. United States, 269 US 20 (1925) (Pierce Butler)

"It has been considered that, prima facie, the intentional infliction of temporal damage is a cause of action, which, as a matter of substantive law, whatever may be the form of pleading, requires a justification if the defendant is to escape."

Aikens v. Wisconsin, 195 US 194 (1904) (Oliver Wendell Holmes Jr.)

Laws are a dead letter without courts to expound and define their true meaning and operation.

Alexander Hamilton, Federalist 22

Concluding that private individuals may not sue to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964.

Alexander v. Sandoval, 532 US 275 (2001) Holding

Concluding that defense counsel must be appointed in any criminal prosecution, whether classified as petty, misdemeanor, or felony if the potential sentence can lead to imprisonment even for a brief period

Argersinger v. Hamlin, 407 U.S. 25 (1972) Holding

Concluding that the violation of a statute granting a right to vote supported a claim for injury

Ashby v White [1703] Holding

Rejecting a First Amendment facial challenge to § 223(d)(1) of the Child Online Protection Act

Ashcroft v. American Civil Liberties Union, 535 US 564 (2002) Holding

Concluding that the Third Circuit did not err in affirming an EDPA ruling granting a preliminary injunction against enforcement of the Child Online Protection Act in part because the statute likely violated the First Amendment's overbreadth doctrine.

Ashcroft v. American Civil Liberties Union, 542 US 656 (2004) Holding

Concluding that §§ 2256(8)(B) and 2256(8)(D) of the 1996 Child Pornography Prevention Act violate the First Amendment's Free Speech Clause

Ashcroft v. Free Speech Coalition, 535 US 234 (2002) Holding

This item is a performance measure

Average Collection Period

Sample Regression with Two Independent Variables First Independent Variable X1 Coefficient: ?

Sample Regression with Two Independent Variables First Independent Variable X1 T-Stat: ?

B1/SBHat1

Confidence Intervals for Regression Parameters Equation

B1Hat ± (Critical t value x Sample Standard Deviation of B1Hat)

Sample Regression with Two Independent Variables Second Independent Variable X2 Coefficient: ?

Sample Regression with Two Independent Variables Second Independent Variable X2 T-Stat: ?

B2/SBHat2

Concluding that the Sixth Circuit erred in holding that the NLRB may impose liability on an employer for filing a losing retaliatory lawsuit in cases where the employer could show the suit was not objectively baseless

BE & K Construction Company v. National Labor Relations Board, 536 U.S. 516 (2002) Holding

Concluding that, under 28 U. S. C. § 2254(b)(1), a state prisoner ordinarily does not "fairly present" a federal claim to a state court if that court must read beyond a petition, a brief, or similar papers to find material that will alert it to the presence of the claim.

Baldwin v. Reese, 541 US 27 (2004) Holding

Rejecting a Fourteenth Amendment Equal Protection challenge to a municipal laundry ordinance prohibiting washing and ironing in public laundries from 10 PM to 6 AM

Barbier v. Connolly, 113 U.S. 27 (1885) Justice Field Opinion Conclusion

Concluding that the 1992 Coal Industry Retiree Health Benefit Act does not permit the Social Security Commissioner to assign retired miners to the successors in interest of out-of-business signatory operators

Barnhart v. Sigmon Coal Co., 534 US 438 (2002) Holding

Concluding that sand and gravel are not "valuable minerals" reserved to the United States in land grants issued under the 1919 Pittman Underground Water Act.

BedRoc Limited, LLC v. United States, 541 US 176 (2004) Plurality Opinion Conclusion

"What the Court really has refused to recognize is the fundamental interest all individuals have in controlling the nature of their intimate associations with others."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

Concluding that federal courts could award attorneys' fees under § 718 of the 1972 Education Amendments in cases where services were rendered before the provision became effective and the propriety of the fee award was pending resolution on appeal before the statute became effective

Bradley v. School Bd. of Richmond, 416 U.S. 696 (1974) Holding

"A court is to apply the law in effect at the time it renders its decision, unless doing so would result in manifest injustice or there is statutory direction...to the contrary."

Bradley v. School Bd. of Richmond, 416 US 696 (1974) (Harry Blackmun)

Concluding that under Comprehensive Drug Abuse Prevention and Control Act, where an offender was convicted of a federal narcotics offense that was committed before May 1, 1971, but was sentenced after that date, a District Judge may impose a sentence of less than five years, suspend the sentence, place the offender on probation, or specify that she or he be eligible for parole

Bradley v. United States, 410 US 605 (1973) Holding

This item is a cost accounting measure

Breakeven Point

"Where...the language of the statute is clear, the fact that it may have effects which were not in contemplation when the Act was passed is a matter for the legislature, not the courts."

British Assessment Catering Trades Association v Westminister City Council [1987] (Balcombe LJ)

Concluding that there is not an exception to criminal liability under 18 U. S. C. § 1001 for a false statement that only denies criminal wrongdoing

Brogan v. United States, 522 US 398 (1998) Holding

A work that offers commentary on specialized federal courts

Bruff, Specialized Courts in Administrative Law, 43 Admin. L. Rev. (1991)

Concluding that a federally recognized tribe waives its immunity from suit in state court under Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc., 523 U. S. 751 (1998) when it expressly agrees to arbitrate disputes relating to a contract, to the governance of state law, and to the enforcement of arbitral awards in any court with proper jurisdiction?

C & L Enterprises, Inc. v. Citizen Band Potawatomi Tribe of Okla., 532 US 411 (2001) Holding

This item is a type of security

CMOs

Concluding that a jury instruction violates the Fourteenth Amendment's Due Process Clause if there is a reasonable likelihood that the jury understood the instruction to allow conviction without proof beyond a reasonable doubt

Cage v. Louisiana, 498 U. S. 39 (1990) Holding

Concluding that the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 strips federal appellate courts of jurisdiction to review direct appeals of final deportation orders released by the BIA but preserves federal district court habeas jurisdiction over challenges to those deportation orders

Calcano-Martinez v. INS, 533 US 348 (2001) Holding

Concluding that under the Hobbs Act, obstructing interstate commerce by extortion and conspiring to obstruct interstate commerce are two separate offenses. The result is that separate consecutive sentences may be imposed for each offense.

Callanan v. United States, 364 U.S. 587 (1961) Holding

Concluding that Title IX of the Higher Education Act contains an implied private cause of action.

Cannon v. University of Chicago, 441 U.S. 677 (1979) Holding

"Proceedings in court should be conducted with fitting dignity and decorum. The taking of photographs in the courtroom during sessions of the court or recesses between sessions, and the broadcasting of court proceedings, degrade the court and create misconceptions with respect thereto in the mind of the public and should not be permitted."

Canons of Judicial Ethics Canon 35 (1937)

This item is a debt measure

Capital Structure Measure/Capitalization Ratio

(Long Term Debt)/(Long Term Debt + Shareholder Equity)

Capital Structure Measure/Capitalization Ratio Equation

A work that documents criticism over Circuit rules preventing citation to unpublished opinions

Carrington, Meador, and Rosenberg, Justice on Appeal (1976)

Concluding that the president and sole shareholder of a closely held corporation who acting within the scope of her or his authority conducts the corporation's affairs through a pattern forbidden by RICO is a person separate from the corporate enterprise under RICO

Cedric Kushner Promotions, Ltd. v. King, 533 US 158 (2001) Holding

Concluding that OSHA has jurisdiction under the Occupational Safety and Health Act to issue citations to uninspected vessels subject to minimal Coast Guard regulation

Chao v. Mallard Bay Drilling, Inc., 534 US 235 (2002) Holding

"Canons are not mandatory rules. They are guides that need not be conclusive."

Chickasaw Nation v. United States, 534 US 84 (2001) (Stephen Breyer)

"All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof."

Civil Rights Act of 1964 §202

Concluding that §25 of the 1789 Judiciary Act provided the Court with appellate jurisdiction in state criminal cases

Cohens v. Virginia, 19 US 264 (1821) (Chief Justice Marshall Opinion Conclusion)

In the Cost of Capital Equation, Rcs is this item

Common Share Interest Rate

"If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station."

Communications Act of 1934 §315

"That the terms of a penal statute creating a new offense must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties, is a well-recognized requirement, consonant alike with ordinary notions of fair play and the settled rules of law. And a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law."

Connally v. General Constr. Co., 269 US 385 (1926) (George Sutherland)

Concluding that the Fourteenth Amendment's Due Process Clause does not require that persons convicted of sexual offenses subject to Connecticut's "Megan's Law" receive a hearing before the public disclosure of their registry

Connecticut Dept. of Public Safety v. Doe, 538 US 1 (2003) Holding

"The briefs conduct a learned debate over the proper standard for interpreting an insurance contract governed by Pennsylvania law (as, all agree, this one is) — how strictly the contract should be interpreted against the draftsman (Continental), what significance should be attached to the fact that it is a standard-form contract rather than a dickered contract, and so forth. The debate is irrelevant. For the most part the only significance of interpretive principles is as tie-breakers. And some students of interpretation think that they have no significance — that they are fig leaves for decisions reached on other grounds."

Continental Cas. Co. v. Pittsburgh Corning Corp., 917 F. 2d 297 (7th Cir. 1990) (Richard Posner)

This item is a cost accounting measure

Contribution Margin Ratio

Concluding that local governments are "persons" subject to qui tam actions under the False Claims Act

Cook County v. United States ex rel. Chandler, 538 US 119 (2003) Holding

Concluding that a state constitutional amendment that requires the state to print a statement documenting a House or Senate candidate's opposition to term limits on all House or Senate primary and general election ballots violates Article I's Elections Clause

Cook v. Gralike, 531 US 510 (2001) Holding

Declining to extend the implied damages action first recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971) to allow recovery against a private corporation operating a halfway house under contract with the Bureau of Prisons

Correctional Services Corp. v. Malesko, 534 US 61 (2001) Holding

Wd x Rd x (1 - Tax Rate) + Wps x Rps + Wcs x Rcs

Cost of Capital Equation

This item is a profitability measure

Current Yield

Dividend per Share/Price per Share

Current Yield Equation

"It is well accepted that the beliefs and assumptions of those who frame Acts of Parliament cannot make the law."

Davies, Jenkins & Co. v Davies [1968] (Dicta) (Lord Morris)

Testing the Significance of the Correlation Coefficient n-2

Degrees of Freedom

In the F Test Equation, n - (k + 1) is this item

Degrees of Freedom in the Denominator

In the F Test Equation, k is this item

Degrees of Freedom in the Numerator

Concluding that § 1226(e) of the INA does not strip federal courts of jurisdiction to grant habeas relief to undocumented individuals challenging their detention under § 1226(c) of the statute and, that § 1226's provision for no-bail, civil detention does not violate a lawful permanent resident alien's Fifth Amendment liberty interest.

Demore v. Kim, 538 US 510 (2003) Holding

Concluding that documents shared among Native American Tribes and the Department of the Interior, which address tribal interests subject to state and federal proceedings to determine water allocations, are not "intra-agency memorandums or letters" under FOIA and therefore not exempt from the statute's disclosure requirements

Department of Interior v. Klamath Water Users Protective Assn., 532 US 1 (2001) Holding

Concluding that a plaintiff need not present direct evidence of discrimination in order to obtain a mixed-motive jury instruction under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991

Desert Palace, Inc. v. Costa, 539 US 90 (2003) Holding

If a person provides a warning to an intruder to leave and the warning goes unheeded, the land owner can use a reasonable means of defense to expel the intruder (Please answer in Romanian)

Desigur

The word 'male' appears in the constitution for the first time in section 2 of the 14th Amendment (Please answer in Romanian)

Desigur

Generally deadly force can be used to protect property interests (Please answer in Romanian)

Desigur Ca Ne

Concluding that the National Bank for Cooperatives is not exempt from state income taxation

Director of Revenue of Mo. v. COBank ACB, 531 US 316 (2001) Holding

(Expected Dividend per Share One year from Now)/(Required Rate of Return - Growth Rate in Dividends)

Dividend Discount Model Equation

This item is a market value measure

Dividend Payout Ratio

Annul Dividend Per Share/Earnings Per Share

Dividend Payout Ratio Equation

This item is a market value measure

Dividend Per Share

Dividend/Shares Outstanding

Dividend Per Share Equation

This item is a profitability measure

Dividend Yield (Current Yield)

Dividend Per Share/Price Per Share

Dividend Yield (Current Yield) Equation

Net Income/Equity Or Profit Margin x Total Asset Turnover x Equity Multiplier

DuPont Ratio

This item is a debt measure

EBITDA to Interest Coverage

Brandenburg v. Ohio does not provide a test for one category of unprotected speech under the First amendment (Please answer in Finnish)

Eipa Tietenkaan

Multiple Linear Regression Equation EI

Error Term or the Difference Between the Actual Value of Y and the Predicted Value of Y(YHat)

Multiple Linear Regression Confidence Interval Equation

Estimated Regression Coefficient ± (Critical t-Value)(Coefficient Standard Error)

When it comes to analysis of variance in a regression with one independent variable, this item is used to calculate whether the slope coefficient in the regression equals 0. This metric is equal to the ratio of the average sum of squares to the average sum of the squared errors

F-Statistic

Concluding that a state statute taxing all the income of local corporations derived from business inside and outside the state but exempting local corporation income derived from outside the state for firms that did not do local business violated the Fourteenth Amendment's Equal Protection Clause.

F. S. Royster Guano v. Virginia, 253 U.S. 412 (1920) Justice Pitney Opinion Conclusion

Michael Dorf

Facial Challenges to State and Federal Statutes, 46 Stan. L. Rev. (1994)

"The Yazoo rule is harsh and in some ways counterintuitive. The challenged statute imposed pressure on railroads to settle even frivolous cases, The Court, in prescribing the approach that it did, by passed a clear opportunity to consider the permissibility of the statutory policy and if it found injustice, to end it."

Fallon, Making Sense of Overbreadth, 100 Yale L.J. (1991)

Rejecting a First Amendment facial challenge to FECA provisions limiting political party expenditures in connection with congressional campaigns

Federal Election Comm'n v. Colorado Republican Federal Campaign Comm., 533 US 431 (2001) Holding

"The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."

Federal Question Jurisdictional Amendments Act of 1980 §2(a)

"The distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and there shall be in this State, hereafter, but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action."

Field Code §62

This item is a type of non-security

Fixed Annuities

All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.

Fla. const. art. I §1 (political power)

"No bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed."

Fla. const. art. I §10 (prohibited laws)

Concluding that petitioners possessed taxpayer standing under Article III to raise an Establishment Clause challenge to the disbursement of funds to religious schools under the 1965 Elementary and Secondary Education Act

Flast v. Cohen, 392 U.S. 83 (1968) (Chief Justice Warren Opinion Conclusion)

"Poverty or wealth will make all the difference in securing the substance or only the shadow of constitutional protections."

Foster v. Illinois, 332 US 134 (1947) (Rutledge, J., dissenting)

Concluding that 28 U. S. C. § 1400 (b) was the sole and exclusive provision controlling venue in patent infringement actions, and that it was not supplemented by the provisions of 28 U. S. C. § 1391 (c)

Fourco Glass Co. v. Transmirra Products Corp., 353 US 222 (1957) (Holding)

Concluding that a state supreme court's refusal to extend full faith and credit to another state's statute immunizing its tax collection agency from suit did violate Article IV, § 1, of the Constitution.

Franchise Tax Bd. of Cal. v. Hyatt, 538 US 488 (2003) Holding

This item is a cash flow measure

Free Cash Flow

Net Operating Profit After Tax - Net Investment in Operating Capital

Free Cash Flow Equation

A work that provides a critical analysis of IRS performance in US Tax Courts

Geier, The Tax Court, Article III, and the Proposal Aby the Federal Courts Study Committee: A Study in Applied Constitutional Theory, 76 Corn. L. Rev. (1991)

Concluding that the 1967 Age Discrimination in Employment Act does not prohibit employers from favoring an older employee over a younger one.

General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004) Holding

Generalia verba sunt generaliter intelligenda

General terms are to be given their general meaning

Concluding that a public school's exclusion of a private religious organization for children from meeting after hours at the school violated the Free Speech Clause and that the Establishment Clause did not forbid the inclusion of the organization

Good News Club v. Milford Central School, 533 US 98 (2001) Holding

Vacating and remanding the South Carolina Supreme Court's judgment in part because the record suggested that the parties had not yet received an arbitrator's decision on whether the underlying contract forbade class arbitration

Green Tree Financial Corp. v. Bazzle, 539 US 444 (2003) Plurality Opinion Conclusion

Concluding that an order compelling arbitration and dismissing a party's underlying claims is a "final decision with respect to an arbitration" within the meaning of § 16(a)(3) of the Federal Arbitration Act and thus is immediately appealable and, that an arbitration agreement that does not mention arbitration costs and fees is not unenforceable simply because it fails to affirmatively protect a party from potentially steep arbitration costs.

Green Tree Financial Corp.-Ala. v. Randolph, 531 US 79 (2000) Holding

This item is a performance measure

Gross Profit Margin

Concluding that a cooperative hospital service organization cannot qualify for exemption from federal income taxation as a charitable organization under 26 U.S.C. § 501(c)(3) but instead may qualify only if it performs one of the services listed in 26 U.S.C. § 501(e)(1)(A)

HCSC-Laundry v. United States, 450 U.S. 1 (1981) Holding

Every citizen of the United States who shall have attained the age of eighteen years, have been a resident of this State not less than one year next preceding the election and be a voter registered as provided by law, shall be qualified to vote in any state or local election.

Haw. const. art. II §1 (Qualifications)

No person who is non compos mentis shall be qualified to vote. No person convicted of a felony shall be qualified to vote except upon the person's final discharge or earlier as provided by law.

Haw. const. art. II §2 (Disqualification)

No person shall be deemed to have gained or lost residence simply because of the person's presence or absence while employed in the service of the United States, or while engaged in navigation or while a student at any institution of learning.

Haw. const. art. II §3 (Residence)

Limitations on campaign contributions to any political candidate, or authorized political campaign organization for such candidate, for any elective office within the State shall be provided by law.

Haw. const. art. II §6 (Campaign contribution limits)

Concluding that respondents lacked taxpayer standing under Article III to raise an Establishment Clause challenge to executive use of congressional appropriations for a faith-based and community initiatives program

Hein v. Freedom from Religion Foundation, 551 US 587 (2007) (Justice Alito Opinion Conclusion)

Concluding that petitioner's conviction based on his refusal to identify himself during a lawful Terry stop did not violate the Fourth Amendment Search and Seizure Clause nor the Fifth Amendment's Self-Incrimination Clause

Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty., 542 US 177 (2004) Holding

"The intention that the Crown shall be bound...must clearly appear either from the language used or from the nature of the enactments."

Hornsey Urban Dist. Council v Hennell [1902]

Concluding that the 8th Amendment's ban on cruel and unusual punishment extends to sadistic prison guard beatings

Hudson v. McMillian, 503 US 1 (1992) Holding

Concluding that a congressional statute imposing a tax of sixteen dollars on each carriage owned by an individual or business was not a direct tax requiring apportionment among the states

Hylton v. United States, 3 U.S. 171 (1796) Holding

Standard Error of Estimate Equation B1

Hypothesized Value of the Parameter

Concluding that the Ninth Circuit erred in failing to remand the cause to the BIA to consider whether changed circumstances authorized the AG to grant asylum to respondent under §§1101(a)(42), 1158(a), and 1253(h)(I) of the INA.

INS v. Orlando Ventura, 537 US 12 (2002) Holding

Rozhodne Ne

If you want to determine whether stock options or stock appreciation rights issued to management or employees count as deferred compensation, you should not look to whether the award's exercise price is less than the fair market value of the underlying stock on the date the award is granted (Please answer in Czech)

Concluding that the First Amendment permits state to maintain fraud actions alleging that fundraisers made false or misleading representations designed to deceive donors about how their donations will be used

Illinois ex rel. Madigan v. Telemarketing Associates, Inc., 538 US 600 (2003) Holding

Concluding that petitioner's highway checkpoint program established to obtain information from motorists about a hit-and-run accident occurring about one week earlier at the same location and time of night did not violate the Fourth Amendment's Search and Seizure Clause

Illinois v. Lidster, 540 U.S. 419 (2004) Holding

Claro que nao

In a public nuisance action based on the rule announced in Rylands v Fletcher, the 1945 Contributory Negligence Act does not apply if the claimant is partially responsible for the disputed action (Please answer in Portuguese)

"It would demean the constitutionally prescribed method of legislating to suppose that its elaborate apparatus for deliberation on, amending, and approving a text is just a way to create some evidence about the law, while the real source of legal rules is the mental processes of legislators."

In re Sinclair, 870 F.2d 1340 (7th Cir. 1989) (Frank Easterbrook)

Selvfolgelig

In the Adjusted R^2 Equation, if a new independent variable (k) is added adjusted R^2 can decrease if adding the variable only results in a small increase in R^2. (Please answer in Norwegian)

Falso

In the Adjusted R^2 Equation, if k is greater than or equal to 1, R^2 can never be greater than adjusted R^2. (Please answer in Italian)

Concluding that the 4th Amendment does not permit states to further their general interest in crime control by engaging in suspicionless seizures with road vehicle checkpoints designed to interdict unlawful drugs

Indianapolis v. Edmond, 531 US 32 (2000) Holding

Natuurlijk

Intentional infliction of emotional distress is a unique intentional tort because the intent requirement can be satisfied by mere recklessness. (Please answer in Dutch)

Multiple Linear Regression Equation B0

Intercept

This item is a performance measure

Inventory Conversion Period

Inventory/(Cost of Sales/365)

Inventory Conversion Period Equation

This item is a performance measure

Inventory Turnover

"The rarity with which [the Court has] discovered implied repeals is due to the relatively stringent standard for such findings, namely, that there be an irreconcilable conflict between the two federal statutes at issue."

JEM Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 US 124 (2001) (Clarence Thomas)

"It is the duty of the courts to be alert to provide such remedies as are necessary to make effective the congressional purpose."

JI Case Co. v. Borak, 377 US 426 (1964) (Tom Clark)

Concluding that direct and derivative shareholder implied right of action suits could be brought under § 27 of the 1934 Securities Exchange Act to seek redress for violations of §14(a) of the statute

JI Case Co. v. Borak, 377 US 426 (1964) Holding

"This Court has repeatedly laid down the principle that a contemporaneous legislative exposition of the Constitution when the founders of our Government and framers of our Constitution were actively participating in public affairs, long acquiesced in, fixes the construction to be given its provisions."

JW Hampton, Jr., & Co. v. United States, 276 US 394 (1928) (William Howard Taft)

The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.

James Madison, Federalist 47

Consent is not a valid defense if the act that was consented to was illegal (Please answer in Turkish)

Kesinlikle

Concluding that a state prisoner normally cannot use a § 2254 habeas petition to challenge a current sentence on the ground that it was enhanced based on an unconstitutional prior conviction for which the sentence has fully expired

Lackawanna County District Attorney v. Coss, 532 US 394 (2001) Holding

This item is used to make predictions about a dependent variable using an independent variable to test hypothesis on the relationship between the two variables. The regression calculates the best-fit line that minimizes the sum of the regression residuals

Linear Regression with One Independent Variable

Concluding that a secular state postsecondary scholarship program excluding devotional theology students from eligibility violated the First Amendment's Free Exercise Clause.

Locke v. Davey, 540 US 712 (2004) Holding

Concluding that the 14th Amendment's Due Process Clause does not require states to provide subcontractors with a hearing to challenge a statutorily authorized public contractor decision to withhold wage payments from them for failing to pay prevailing wages

Lujan v. G & G Fire Sprinklers, Inc., 532 US 189 (2001) Holding

Larry Kramer

Madison's Audience, 112 Harv. L. Rev. (1999) Author

A work that rejects the interpretation of the good behavior clause offered in Saikrishna Prakash and Steven Smith, How to Remove a Federal Judge, 116 Yale L.J. (2006)

Martin Redish, Response: Good Behavior, Judicial Independence, and the Foundations of American Constitutionalism, 116 Yale L.J. (2006)

Concluding that the National Motor Vehicle Theft Act did not apply to airplane theft

McBoyle v. United States, 283 US 25 (1931) Holding

Concluding that objective proof of actual injury to the economic value of a famous mark is required to recover under the Federal Trademark Dilution Act

Moseley v. V Secret Catalogue, Inc., 537 US 418 (2003) Holding

"A careful comparison of these two sections...can leave no doubt that it was the intention of Congress, by the latter statute, to revise the entire matter to which they both had reference...and to substitute their will in that regard entirely for the old law upon the subject. The result of this reasoning is that the twenty-fifth section of the act of 1789 is technically repealed, and that the second section of the act of 1867 has taken its place. What of the statute of 1789 is embraced in that of 1867 is of course the law now and has been ever since it was first made so. What is changed or modified is the law as thus changed or modified. That which is omitted ceased to have any effect from the day that the substituted statute was approved."

Murdock v. Memphis, 87 US 590 (1875) (Samuel Miller)

Concluding that an 1867 amendment to the 1789 Judiciary Act did not grant the Court final appellate jurisdiction over cases solely presenting state law questions

Murdock v. Memphis, 87 US 590 (1875) Holding

This item is a type of security

Mutual Funds

Concluding that NLRA coverage does not extend to "managerial employees" and, that in determining whether buyers or some types of buyers are "managerial employees," the NLRB need not proceed by rulemaking, rather than adjudication

NLRB v. Bell Aerospace Co., 416 US 267 (1974) Holding

Concluding that a party claiming that an employee is a supervisor in a § 9 NLRA representation hearing or § 8 unfair labor practice proceeding bears the burden of proving supervisor status and, that a judgment is not an "independent judgment under § 2(11) of the NLRA simply because it is informed by professional or technical training or experience

NLRB v. Kentucky River Community Care, Inc., 532 US 706 (2001) Holding

Concluding that 5 U. S. C. § 552(b)(7)(C) exempted autopsy photos of respondent's relative from FOIA coverage.

National Archives and Records Admin. v. Favish, 541 US 157 (2004) Justice Kennedy Opinion Conclusion

"Each person should enjoy a healthful environment and...each person has a responsibility to contribute to the preservation and enhancement of the environment."

National Environment Policy Act of 1969 §103

Vacating the D.C. Circuit's judgment and remanding the case with instructions to dismiss the case with respect to the issue of whether the 1978 Contract Disputes Act applied to National Park Service concession contracts because the controversy was not ripe for judicial resolution.

National Park Hospitality Assn. v. Department of Interior, 538 US 803 (2003) Holding

A possessor's destruction of an owner's goods does not constitute conversion (Please answer in German)

Naturlich Nicht

Net Income + Depreciation + Amortization

Net Cash Flow Equation

"Provision shall be made by law for the registration of the names of the Electors within the counties of which they may be residents and for the ascertainment by proper proofs of the persons who shall be entitled to the right of suffrage, as hereby established, to preserve the purity of elections, and to regulate the manner of holding and making returns of the same; and the Legislature shall have power to prescribe by law any other or further rules or oaths, as may be deemed necessary, as a test of electoral qualification."

Nev. const. art. 2 §6 (Registration of electors; test of electoral qualifications)

Representation shall be apportioned according to population.

Nev. const. art. I §13 (Representation apportioned according to population)

The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by Oath or Affirmation, particularly describing the place or places to be searched, and the person or persons, and thing or things to be seized.

Nev. const. art. I §18 (Unreasonable seizure and search; issuance of warrants)

Concluding that mental anguish damages resulting from the fear of developing cancer may be recovered under the FELA by a railroad worker suffering from an actionable abestosis injury caused by work-related exposure to asbestos and, that the statute allows a worker to recover her or his entire damages from a railroad whose negligence jointly caused an injury

Norfolk & Western R. Co. v. Ayers, 538 U.S. 135 (2003) Holding

Concluding that the negligent breach of a general maritime duty of care is actionable when it causes death

Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 US 811 (2001) Holding

"We do not believe that we have the power to declare a constitutional statute invalid merely because we, or for that matter everybody, think the statute has become obsolete."

Northern Indiana Pub. Serv. Co. v. Carbon County Coal Co., 799 F. 2d 265 (7th Cir. 1986)

"There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted. Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."

Northwest Ordinance, art. 6, July 13, 1787

"The principal purpose of the APA limitations we have discussed...is to protect agencies from undue judicial interference with their lawful discretion, and to avoid judicial entanglement in abstract policy disagreements which courts lack both expertise and information to resolve. If courts were empowered to enter general orders compelling compliance with broad statutory mandates, they would necessarily be empowered, as well, to determine whether compliance was achieved — which would mean that it would ultimately become the task of the supervising court, rather than the agency, to work out compliance with the broad statutory mandate, injecting the judge into day-to-day agency management."

Norton v. Southern Utah Wilderness Alliance, 542 US 55 (2004) (Antonin Scalia)

Multiple Linear Regression Predicting the Dependent Variable

Obtain the expected values for regression parameters (B1..B2...etc.), determine the assumed values for independent variables (XHat1...XHat2...etc), calculate the value of the dependent variable YHat1 with this equation: YHatI = B0 +B1XHat1I + B2XHat2I + ... + BKXHatKI

Rejecting a claim by the respondents that they were entitled to royalty on the CO2 that was produced along with the oil and casinghead gas and then extracted from the casinghead gas for reinjection into the oil bearing formation

Occidental Permian, Ltd. v. The Helen Jones Foundation, 2011 Tex. LEXIS 974 (Tex. App.-Amarillo Dec. 16, 2011, pet. denied) (Justice Campbell Opinion Conclusion)

A person is entitled to employ proportionate force against another person or the other person's property to avoid an intentional tort (Please answer in Polish)

Oczywiscie

Consent is not a valid defense if it was given under duress (Please answer in Polish)

Oczywiscie

This item is a type of security

Options

Michael McConnell

Originalism and the Desegregation Decisions, 81 Va. L. Rev. (1995) Author

Concluding that the consequences of tortious conduct are too remote if a reasonable person would not have foreseen them. The result is that where the defendant negligently discharged a large quantity of oil into Sydney Harbor and the oil caught fire after drifting over to the claimant's ship welding wharf, the defendant was not liable for the fire damages because the fire was not reasonably foreseeable

Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd [1961] (The Wagon Mound) Holding

Price Per Share/Earnings Per Share

P/E Ratio Equation

Concluding that Title III of the ADA protects access to professional golf tournaments by a qualified entrant with a disability and, that under § 12182 of the statute, the use of a golf cart by the disabled contestant would not "fundamentally alter the nature" of the tournaments.

PGA Tour, Inc. v. Martin, 532 US 661 (2001) Holding

Concluding that respondents could be compelled to arbitrate claims arising under RICO even though the parties' arbitration agreements could be construed to limit the arbitrator's authority to award damages under the statute.

PacifiCare Health Systems, Inc. v. Book, 538 US 401 (2003) Holding

Concluding that a property owner who acquired title to property after it was subject to land-use regulations could raise a takings claim under the Fifth and Fourteenth Amendments.

Palazzolo v. Rhode Island, 533 US 606 (2001) (Justice Kennedy Opinion Conclusion)

William Prosser

Palsgraf Revisited, 52 Mich. L. Rev. (1953) Author

"The power to tax is not the power to destroy while this Court sits."

Panhandle Oil Co. v. Mississippi ex rel. Knox, 277 US 218 (Holmes, J., dissenting)

Andrew Fede

People Without Rights: An Interpretation of the Fundamentals of the Law of Slavery in the US South (1992) Author

"The criminal is to go free because the constable has blundered."

People v. Defore 242 NY 13 (1926) (Benjamin Cardozo)

Concluding that reference to Hansard could be made under limited circumstances

Pepper v Hart [1992] Holding

"This approach to the statute is consistent with the canon of construction that remedial statutes should be liberally construed."

Peyton v. Rowe, 391 US 54 (1968) (Earl Warren)

In earlier times many learned lawyers seem to have believed that an act of parliament could be disregarded in so far as it was contrary to the law of God or the law of nature or natural justice, but since the supremacy of Parliament was finally demonstrated by the revolution of 1688 any such idea has become obsolete

Pickin v British Railways Board [1974] (Lord Reid)

"Perhaps the most efficious mode of procuring good laws, certainly the only one allowable to a Court of Justice, is to act fully up to the spirit and language of bad ones, and to let their inconvenience be fully felt by giving them full effect."

Pocock v Pickering [1852] (1st Baron Coleridge)

Concluding that a front pay award is not an element of compensatory damages under the Civil Rights Act of 1991. The result is that the award is not subject to the statute's compensatory damages cap

Pollard v. EI du Pont de Nemours & Co., 532 US 843 (2001) Holding

Concluding that under 26 U.S.C. § 512(a)(3)(A) a nonprofit corporation may use losses incurred in sales to nonmembers to offset investment income only if those sales were motivated by an intent to profit, which is to be determined by using the same allocation method that the nonprofit corporation used to compute its actual profit or loss.

Portland Golf Club v. Commissioner, 497 U.S. 154 (1990) Holding

Rupert Cross

Precedent in English Law (1961) Author

David Shapiro

Preclusion in Civil Actions (2001) Author

In the Cost of Capital Equation, Rps is this item

Preferred Share Interest Rate

Firms must have policies and procedures that do this item

Prohibit immediate family members of covered employees from purchasing or receiving securities before an IPO for subject companies and other companies in the industry

This item is a type of non-security

Prospectus

(Current Assets - Inventory)/Current Liabilities

Quick Ratio Equation

Adjusted R^2 Equation

RHat^2 = 1 - (n - 1)/(n - k - 1)(1 - R^2)

Sample Regression with Two Independent Variables Multiple R Squared Symbol

R^2

"Jones had a legitimate expectation of privacy in the premises he was using and therefore could claim the protection of the Fourth Amendment with respect to a governmental invasion of those premises, even though his "interest" in those premises might not have been a recognized property interest at common law."

Rakas v. Illinois, 439 US 128 (1978) (William Rehnquist)

"If the same issues in desegregation orders had to be litigated to the Supreme Court for every school district, [resistance to desegregation] would have prevailed outright."

Ramsey Clark, Enduring Constitutional Issues, 61 Tul. L. Rev. 1093 (1987)

A work that argues that the existence of a power of judicial review was taken for granted by most if not all delegates to the Constitutional Convention

Raoul Berger, Congress v The Supreme Court (1969)

Peter Raven Hansen

Regulatory Estoppel: When Agencies Break Their Own Laws, 64 Tex. L. Rev. (1985) Author

"The dedication expressed no more than the will of a particular Congress which does not impose itself upon those to follow in succeeding years."

Reichelderfer v. Quinn, 287 US 315 (1932) (Harlan Stone)

Dismissing First and Fourteenth Amendment challenges to §§ 44.09(a), 44.09(b), and 44.12 of the California Municipal code in part because the State Supreme Court did not identify or construe relevant provisions of the code or pass on questions of local procedure.

Rescue Army v. Municipal Court of Los Angeles, 331 U.S. 549 (1947) (Justice Rutledge Opinion Conclusion)

RSS

Residual Sum of Squares

When it comes to analysis of variance in a regression with one independent variable, this item measures the variation in the dependent variable that is explained by the independent variable

Residual Sum of Squares or RSS

This item is a type of non-security

Retirement Plans

This item is a profitability measure

Return on Assets

(Net Income - Dividend)/Invested Capital

Return on Capital Equation

This item is a profitability measure

Return on Net Assets

A work that provides an overview of anti-federalist opinion

Robert Rutland, The Ordeal of the Constitution: The Anti-Federalists and the Ratification Struggle of 1787-1788 (1966)

"No legislation pursues its purposes at all costs. Deciding what competing values will or will not be sacrificed to the achievement of a particular objective is the very essence of legislative choice — and it frustrates rather than effectuates legislative intent simplistically to assume that whatever furthers the statute's primary objective must be the law."

Rodriguez v. United States, 480 US 522 (1987) (Per Curiam)

Concluding that retroactive application of a state decision abolishing the year and a day murder rule did not violate Fourteenth Amendment's Due Process Clause

Rogers v. Tennessee, 532 US 451 (2001) Holding

Concluding that the Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.

Roper v. Simmons, 543 U.S. 551 (2005) Holding

Concluding that SDNY lacked jurisdiction over respondent's §2241 habeas petition in part because the petitioner was not his custodian.

Rumsfeld v. Padilla, 542 US 426 (2004) Chief Justice Rehnquist Opinion Conclusion

"The person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his own peril and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of the escape."

Rylands v Fletcher [1861-73] All ER Rep 1 (Dicta) (Blackburn J)

Sample Regression with Two Independent Variables Intercept Standard Error: ?

SBHat0

ANOVA Table for Multiple Linear Regression Residual Sum of Squares: ?

SSE

ANOVA Table for Simple Linear Regression (k =1) Error (Explained) Sum of Squares

SSE

Concluding that 18 U. S. C. § 666(a)(2), which proscribes bribery of state, local, and tribal officials of entities that receive at least $10,000 in federal funds, is a valid exercise of congressional authority under Article I of the Constitution.

Sabri v. United States, 541 US 600 (2004) Justice Souter Opinion Conclusion

A work that argues that Article III's Good Behavior Clause should be read to permit removal of federal judges via judgments of an ordinary court

Saikrishna Prakash and Steven Smith, How to Remove a Federal Judge, 116 Yale L.J. (2006)

"The pedestal upon which women have been placed has all too often, upon closer inspection, been revealed as a cage."

Sail'er Inn, Inc. v. Kirby, 485 P. 2d 529 (1971) (Raymond Peters)

Testing the Significance of the Correlation Coefficient r

Sample Correlation

"At least where wealth is involved, the Equal Protection Clause does not require absolute equality or precisely equal advantages."

San Antonio Independent School Dist. v. Rodriguez, 411 US 1 (1973) (Lewis Powell)

"Legislation is presumptively territorial and confined to limits over which the law-making power has jurisdiction."

Sandberg v. McDonald, 248 US 185 (1918) (William Day)

This item is any investment product that can be exchanged for value and involves risk

Security

Concluding that an act that is found to be civil cannot be deemed punitive "as applied" to a single individual in violation of the Double Jeopardy and Ex Post Facto Clauses and provide cause for release under the federal habeas statute

Seling v. Young, 531 US 250 (2001) Holding

If the corporation wants to sell more shares than it's authorized to sell, these individuals must approve an increase in the number of authorized shares

Shareholders

"The Fourth Amendment, and the personal rights which it secures, have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion."

Silverman v. United States, 365 US 505 (1961)

"The essence of a provision forbidding the acquisition of evidence in a certain way is that not merely evidence so acquired shall not be used before the Court but that it shall not be used at all. Of course this does not mean that the facts thus obtained become sacred and inaccessible. If knowledge of them is gained from an independent source they may be proved like any others, but the knowledge gained by the Government's own wrong cannot be used by it in the way proposed."

Silverthorne Lumber Co. v. United States, 251 US 385 (1920) (Oliver Wendell Holmes Jr.)

Under the Second Restatement on Choice of Law, when it comes to the significant relationship test, courts will not examine the place of the injury (Please answer in Swedish)

Sjalvklart Inte

When it comes to the choice of law in contracts cases, if the contract does not have a choice of law clause, under the Second Restatement, a court cannot consider the connection of the parties to the forums in its analysis (Please answer in Swedish)

Sjalvklart Inte

Concluding that § 404(a) of the Clean Water Act does not regulate intrastate waters.

Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 US 159 (2001) Holding

"Although the ATS is a jurisdictional statute creating no new causes of action, the reasonable inference from the historical materials is that the statute was intended to have practical effect the moment it became law. The jurisdictional grant is best read as having been enacted on the understanding that the common law would provide a cause of action for the modest number of international law violations with a potential for personal liability at the time."

Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) (David Souter)

Concluding that 28 U. S. C. §2680(k)'s sovereign immunity waiver exception for claims arising in a foreign country, bars claims based on any injury suffered in a foreign country, regardless of where the tortious act or omission occurred and, that respondent was not entitled to recover damages from petitioner under the ATS.

Sosa v. Alvarez-Machain, 542 U.S. 692 (2004) Justice Souter Opinion Conclusion

Concluding that a state common-law tort action seeking damages from an outboard motor manufacturer was not pre-empted by the enactment of the Federal Boat Safety Act nor a 1990 Coast Guard decision to refrain from releasing a regulation requiring propeller guards on motorboats

Sprietsma v. Mercury Marine, 537 US 51 (2002) Holding

Kent Greenawalt

Statutory Interpretation: 20 Questions (1999) Author

William Popkin

Statutory Interpretation: A Pragmatic Approach Author

Protams

Statutory authorization can be a defense in a public nuisance action based on the rule announced in Rylands v Fletcher (Please answer in Latvian)

"It is enough if the description is such that the officer with a search warrant can with reasonable effort ascertain and identify the place intended."

Steele v. United States, 267 US 498 (1925) (William Howard Taft)

Until 1970, the law of standing to challenge federal administrative action "could be based upon present or threatened official infringement of an interest protected at common law; upon an interest substantively protected by a relevant organic statute; or upon an adverse economic impact when a relevant statute afforded standing to persons adversely affected or aggrieved."

Stewart, Standing for Solidarity, 88 Yale L.J. (1979)

Concluding that a state statute enacted after expiration of a previously applicable limitations period violated Article I § 10's Ex Post Facto Clause when it was applied to revive a previously time-barred prosecution

Stogner v. California, 539 US 607 (2003) Holding

Construing §11 of the 1789 Judiciary Act as requiring complete diversity

Strawbridge v Curtiss, & U.S. 267 (1806) Chief Justice Marshall Opinion Conclusion

"There was more support than opposition for judicial authority over legislation in the convention, and this was probably an accurate reflection of the strength of the contending sides outside the convention."

Sylvia Snowiss, Judicial Review and the Law of the Constitution (1990)

Consent is a valid defense if the individual lacked the capacity to consent (Please answer in Turkish)

Tabiki Hayir

When it comes to the use of force in defense of property interests, a person may not make a reasonable mistake with respect to whether another person entered onto the land (Please answer in Turkish)

Tabiki Hayir

Reinier Kraakman

Taking Discounts Seriously: The Implications of Discounted Share Prices as an Acquisition Motive, 88 Colum. L. Rev. (1988) Author

Concluding that the Fifth Circuit erred in declining to issue a COA to petitioner in part because "reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong" under Slack v. McDaniel, 529 U. S. 473 (2000).

Tennard v. Dretke, 542 US 274 (2004) Justice O'Connor Opinion Conclusion

Concluding that the WDTN Bankruptcy Court's discharge of a student loan debt did not implicate a state's Eleventh Amendment immunity.

Tennessee Student Assistance Corporation v. Hood, 541 US 440 (2004) Chief Justice Rehnquist Opinion Conclusion

(Free Cash Flow x (1 + growth rate)/(cost of capital - growth rate)

Terminal Value Equation

William Douglas

The Court Years 1939-1975 (1980) Author

"As soon...as the preparations have progressed, so far as clearly and satisfactorily to show the purpose for which they are made, the right of seizure attaches. To apply the construction contended for on the part of the claimant, that the fitting or preparation must be complete, and the vessel ready for sea, before she can be seized, would be rendering the law in a great measure nugatory, and enable offenders to elude its provisions in the most easy manner."

The Emily and the Caroline, 22 U.S. 381, (1824)

Living-tree doctrine

The doctrine of Canadian constitutional law that characterizes a constitution as a living tree capable of growth and expansion

Disjunctive canon

The doctrine that 'or' joins a disjunctive list

In a multiple regression, a slope coefficient measures this item

The impact on the dependent variable of a one unit change in the independent variable holding all other independent variables constant

Multiple Linear Regression Equation X1I

The ith Observation of the Independent Variable X

15, 15A, and 16 Wright, Miller & Cooper, Federal Practice and Procedure

These items provide a comprehensive overview of the Court of Appeals review of district courts and territorial district courts

United States Court of Appeals for the Ninth Circuit

This Circuit has the largest number of federal appellate judges

United States Court of Appeals for the First Circuit

This Circuit has the smallest number of federal appellate judges

Nichol, Causation as a Standing Requirement: The Unprincipled Use of Judicial Restraint, 69 Ky. L. Rev. (1981)

This work provides commentary on the Court's early development of the causation and redressability standing requirements

Declarations of understanding have no legal effect on the terms of a treaty under international law (Please answer in Finnish)

Tietysti

"We have not traveled, in our search for the meaning of the lawmakers, beyond the borders of the statute."

US v. Great Northern Ry., 287 US 144 (1932) (Benjamin Cardozo)

Why The Designation Was Reasonable

Under FINRA Rule 3110, a broker-dealer who designates more than one principal to a supervisory jurisdiction office must document this item in its procedures

The Firm's Investment Banking And Securities Transactions

Under FINRA Rule 3110, broker dealers are not required to review all of these items

Keyword Screening

Under FINRA Rule 3110, broker dealers reviewing the firm's investment banking and securities transactions can use this item

Concluding that a state court ruling that a ship must be condemned is not a "final sentence" under the Treaty of Mortefontaine until all pending appeals have been completed

United States v. Schooner Peggy, 5 US 103 (1801) Holding

Concluding that a presidential pardon cannot be recognized by an Article III judge if it has not been brought judicially before the court by plea, motion, or otherwise.

United States v. Wilson, 32 U.S. 150 (1833) Chief Justice Marshall Opinion Conclusion

"The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle, that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment."

United States v. Wiltberger, 18 US 76 (1820) (John Marshall)

"Literalness may strangle meaning."

Utah Junk Co. v. Porter, 328 US 39 (1946) (Felix Frankfurter)

"Second, and perhaps redundantly, the property transfer about which respondents complain was not an exercise of authority conferred by the Taxing and Spending Clause of Art. I, § 8. The authorizing legislation, the Federal Property and Administrative Services Act of 1949, was an evident exercise of Congress' power under the Property Clause, Art. IV, § 3, cl. 2.[16] Respondents do not dispute this conclusion, see Brief for Respondents Americans United et al. 10, and it is decisive of any claim of taxpayer standing under the Flast precedent."

Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464 (1982) (Justice Rehnquist)

Tietysti

Volenti non fit injuria is the appropriate term where the claimant alleges a negligence/strict liability tort, that is, an unintentional tort, and the defendant asserts the claimant's voluntary assumption of the risk involved. (Please answer in Finnish)

"The difference between the departments undoubtedly is, that the legislature makes, the executive executes, and the judiciary construes the law; but the maker of the law may commit something to the discretion of the other departments, and the precise boundary of this power is a subject of delicate and difficult inquiry, into which a Court will not enter unnecessarily."

Wayman v. Southard, 23 US 1 (1825) (John Marshall)

"No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined."

Wesberry v. Sanders, 376 US 1 (1964) (Hugo Black)

Naturlich Nicht

Vero

When it comes to damages in intentional infliction of emotional distress claims, consideration will be given to intensity and duration. (Please answer in Italian)

Sixth Circuit Court of Appeals

Judith Resnik

Whose Judgment? Vacating Judgments, Preferences for Settlement, and the Role of Adjudication at the Close of the Twentieth Century," 41 UCLA L. Rev. (1994) Author

A work that argues that the 1789 Judiciary Act completely excluded a number of federal question cases from original and appellate federal jurisdiction

William Casto, An Orthodox View of the Two-Tier Analysis of Congressional Control over Federal Jurisdiction, 7 Const. Comm. (1990)

When it comes to Estimated Variance of the Prediction, once the variance of the prediction error has been calculated, the (1 - alpha)% prediction interval around the predicted value is estimated as this item

Y1Hat ± Critical t value x SF

Multiple Linear Regression Residual Term (EI) Equation

YI - YHatI = YI - (B0Hat + BHat1X1I + BHat2X2I)

"While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity."

Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (Jackson, J., concurring)

Concluding that 8 U. S. C. § 1231 does not authorize the Attorney General to detain a removable undocumented individual indefinitely beyond the 90-day removal period

Zadvydas v. Davis, 533 US 678 (2001) Holding

When it comes to Analysis of Variance in a Regression with One Independent Variable, in the F-Statistic Equation, the Degrees of Freedom in the denominator is this item

n - k - 1 = n - 2

Testing the Significance of the Correlation Coefficient Test-Stat =

t = r √n-2/√1-r2

A certificate of appealability may issue...only if the applicant has made a substantial showing of the denial of a constitutional right

28 U. S. C. § 2253(c)(2)

"The courts of appeals shall have jurisdiction of appeals from interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property."

28 U.S.C § 1291(a)(2)

Customer Marital Status

A broker-dealer's obligation to monitor changes in customer account information extends to this item

Jiste

A private equity or hedge fund may not be a covered employee benefit plan under the Employee Retirement Income Security Act of 1974 or the Pension Protection Act of 2006 (Please answer in Czech)

Kelley, The Constitutional Dilemma of Litigation Under the Independent Counsel System, 83 Minn. L. Rev. (1999)

A work that discusses the potential pathologies of intra-governmental litigation

Concluding that a case involving pre-enforcement review of regulations designed to implement the 1962 amendment to § 502(e)(1)(B) of the Federal Food, Drug, and Cosmetic Act by requiring a prescription drug's generic name to appear on all related printed materials was "ripe" for judicial resolution

Abbott Laboratories v. Gardner, 387 US 136 (1967) Holding

"The complete independence of the courts of justice is peculiarly essential in a limited Constitution."

Alexander Hamilton, Federalist 78

Concluding that punitive damages may not be awarded in a private cause of action brought under § 202 of the 1990 ADA nor § 504 of the 1973 Rehabilitation Act

Barnes v. Gorman, 536 US 181 (2002) Holding

Concluding that the Social Security Administration's determination that it could find a claimant not disabled where she remained physically and mentally able to do her previous work, without investigating whether that work exists in significant numbers in the national economy was a reasonable interpretation of 42 U.S.C. §423(d)(2)(A) that satisfied the test set out in Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984)

Barnhart v. Thomas, 540 US 20 (2003) Holding

Earnings Before Interest and Taxes/Total Assets

Basic Earning Power Equation

Concluding that respondent's ineffective assistance of counsel claim was governed by Strickland v. Washington, 466 U.S. 668 (1984) and, that the Tennessee Court of Appeals' decision was neither "contrary to," nor involved "an unreasonable application of, clearly established Federal law" under 28 U. S. C. § 2254(d)(1).

Bell v. Cone, 535 US 685 (2002) Holding

Common Equity/Shares Outstanding

Book Value Per Share Equation

"We ordinarily presume that Congress intends the executive to obey its statutory commands and, accordingly, that it expects the courts to grant relief when an executive agency violates such a command."

Bowen v. Michigan Academy of Family Physicians, 476 US 667 (1986) (John Paul Stevens)

Fixed Cost/Contribution Margin Ratio

Breakeven Point Equation

This item is a profitability measure

Cash Flow Per Share

(Operating Cash Flow - Preferred Dividend)/Shares Outstanding

Cash Flow Per Share Equation

This item is a debt measure

Cash Flow to Debt Ratio

Operating Cash Flow/Total Debt

Cash Flow to Debt Ratio Equation

(Cash and Securities)/(Annual Sales/365)

Days Sales in Cash Equation

Inventory/(Cost of Sales/365)

Days in Inventory Equation

Concluding that the 10-year mandatory minimum imposed by 18 U. S. C. §924(c)(1)(A)(iii) applies if a gun is discharged in the course of a violent or drug trafficking crime regardless of whether the firearm discharge was intentional

Dean v. US, 556 US 568 (2009) Holding

EBIT + Depreciation

Earnings Before Interest, Taxes, Depreciation, and Amortization Equation

This item is a market value measure

Earnings Per Share

Concluding that public policy considerations do not require federal courts to refuse to enforce arbitrator's awards which reinstate employees fired for testing positive for marijuana

Eastern Associated Coal Corp. v. Mine Workers, 531 US 57 (2000) Holding

"Obviously it does have binding quality: It binds the parties in a case and also the executive branch for whatever enforcement is necessary. But such a decision does not establish a "supreme Law of the Land" that is binding on all persons and parts of government, henceforth and forevermore."

Edwin Meese, The Law of the Constitution, 61 Tul. L. Rev. 979 (1987)

tax expense/earnings before taxes

Effective Tax Rate Equation

This item is a debt measure

Equity Multiplier

Total Asset/Shareholder Equity

Equity Multiplier Equation

"When once certain words in an act of Parliament have received a judicial construction in one of the Superior Courts, and the Legislature has repeated them without any alteration in a subsequent statute, I conceive that the Legislature must be taken to have used them according to the meaning which a Court of competent jurisdiction has given to them."

Ex parte Campbell [1870] (James LJ)

No person charged with crime shall be compelled to pay costs before a judgment of conviction has become final.

Fla. const. art. I §19 (Costs)

Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort, and no person shall be convicted of treason except on the testimony of two witnesses to the same overt act or on confession in open court.

Fla. const. art. I §20 (Treason)

By general law the legislature shall prescribe and adopt a Taxpayers' Bill of Rights that, in clear and concise language, sets forth taxpayers' rights and responsibilities and government's responsibilities to deal fairly with taxpayers under the laws of this state. This section shall be effective July 1, 1993.

Fla. const. art. I §25 (Taxpayers' Bill of Rights)

There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

Fla. const. art. I §3 (religious freedom)

"The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances."

Fla. const. art. I §5 (right to assemble)

Concluding that the writ of certiorari should be dismissed because it was improvidently granted

Ford Motor Co. v. McCauley, 537 US 1 (2002) Result

A work that argues that it was widely understood in the 1780s and 1790s that judicial nullification should occur only in cases of plain unconstitutionality.

Gordon Wood, The Origin of Judicial Review Revisited, or How the Marshall Court Made More Out of Less, 56 Wash. & Lee L. Rev. (1999)

"In the interpretation of statutes levying taxes it is the established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out. In case of doubt they are construed most strongly against the Government, and in favor of the citizen."

Gould v. Gould, 245 US 151 (1917) (James McReynolds)

Concluding that, under the Eleventh Amendment, a state's consent to suit in its own courts does not establish consent to suit on the same cause of action in federal courts

Great Northern Life Ins. Co. v. Read, 322 U.S. 47 (1944) Holding

"The time for mere "deliberate speed" has run out, and that phrase can no longer justify denying these Prince Edward County school children their constitutional rights to an education equal to that afforded by the public schools in the other parts of Virginia."

Griffin v. School Bd. of Prince Edward Cty., 377 US 218 (1964) (Hugo Black)

Concluding that a 2% state license tax on the gross receipts of newspapers with a circulation of more than 20,000 copies per week violated the First Amendment's Press Clause

Grosjean v. American Press Co., 297 US 233 (1936) Justice Sutherland Opinion Conclusion

"The tax is uniform when it operates with the same force and effect in every place where the subject of it is found."

Head Money Cases, 112 U.S. 580 (1884) (Samuel Miller)

"In adopting the language used in an earlier act, Congress must be considered to have adopted also the construction given by this Court to such language, and made it a part of the enactment."

Hecht v. Malley, 265 US 144 (Edward Sanford)

"The expenditures at issue in Flast were made pursuant to an express congressional mandate and a specific congressional appropriation...Indeed, the Flast taxpayer-plaintiffs' constitutional claim was premised on the contention that if the Government's actions were "`within the authority and intent of the Act, the Act is to that extent unconstitutional and void.'" Flast, supra, at 90, 88 S.Ct. 1942. And the judgment reviewed by this Court in Flast solely concerned the question whether "if [the challenged] expenditures are authorized by the Act the statute constitutes a `law respecting an establishment of religion' and a law `prohibiting the free exercise thereof'" under the First Amendment."

Hein v. Freedom from Religion Foundation, 551 US 587 (2007) (Samuel Alito)

The occurrence of this item does not affect the consistency of regression estimators but can lead to mistakes in inferences made from parameter estimates. The result is that the F-test for the overall significance of the regression becomes unreliable as the MSE becomes a biased estimator of the true population variance

Heteroskedasticity

This item occurs when the variance of the error term in the regression is not constant across observations

Heteroskedasticity

Concluding that the Sixth Circuit erred in holding that a state Court of Appeals decision finding that respondent's ineffective assistance of counsel claim was "contrary to, or an unreasonable application of, clearly established federal law" under 28 U. S. C. § 2254(d)(1) and the Sixth Amendment.

Holland v. Jackson, 542 US 649 (2004) Holding

Jiste

If a firm is incorporated in a state where its board has to exercise a duty of care before entering into an acquisition agreement or merger, the board may be advised to consider other superior offers after signing a no-shop covenant (Please answer in Czech)

Character

If a firm plans to register an individual with FINRA, it must investigate this item

Experience

If a firm plans to register an individual with FINRA, it must investigate this item

Qualifications

If a firm plans to register an individual with FINRA, it must investigate this item

The danger of disturbing the public tranquillity by interesting too strongly the public passions, is a still more serious objection against a frequent reference of constitutional questions to the decision of the whole society.

James Madison Federalist 49

"No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included."

James Madison, Federalist 44

A work that argues that when Article I, Article III, and the Detail Committee report are read together, state courts can be regarded as "Tribunals inferior to the supreme Court" with jurisdiction to rule on federal claims when Congress fails to vest federal courts with jurisdiction over the claims

James Pfander, Federal Supremacy, State Court Inferiority, and the Constitutionality of Jurisdiction-Stripping Legislation, 101 Nw.U.L.Rev. (2007)

"There is no proposition in economics which has more solid empirical evidence supporting it than the Efficient Markets Hypothesis."

Jensen, Some Anomalous Evidence Regarding Market Efficiency, 6 J. Fin. Econ. (1978)

"The legislature is like a composer. It cannot help itself: It must leave interpretation to others, principally to the courts."

Jerome Frank, Words and Music: Some Remarks on Statutory Interpretation, 47 Colum. L. Rev. (1947)

Concluding that 28 U. S. C. § 1367(d) was constitutional as applied to lawsuits brought against a State's political subdivisions

Jinks v. Richland County, 538 US 456 (2003) Holding

When it comes to piercing the corporate veil, under the mere instrumentality test for LLCs, a claimant must prove that the principals dominated the entity to the point that the entity lacked a will of its own (Please answer in Czech)

Jiste

"A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends."

Kawananakoa v. Polyblank, 205 US 349 (1907) (Oliver Wendell Holmes Jr.)

Concluding that petitioner's firing of a single shot that wounded two federal officers constituted a single "assault" violation under 18 U.S.C. § 111 and, that petitioner was entitled to use a § 2255 habeas petition to collaterally attack his second "assault" conviction

Ladner v. United States, 358 US 169 (1958) Holding

Concluding that 11 U. S. C. §330 does not authorize debtors' attorneys to procure compensation awards from estate funds, unless they are engaged in authorized employment under 11 U. S. C. § 327. The result is that an attorney seeking payment from estate funds under 11 U. S. C. § 327 in a chapter 7 bankruptcy case must be employed by the trustee and approved by the bankruptcy court.

Lamie v. United States Trustee, 540 U.S. 526 (2004) Holding

ANOVA Table for Simple Linear Regression (k =1) Regression (Explained) Mean Sum of Squares

MSR = RSS/k = RSS/1 = RSS

ANOVA Table for Multiple Linear Regression Regression F Statistic: ?

MSR/MSE

Concluding that nonfatal injuries caused by the breach of the federal maritime duty to avoid unseaworthiness are compensable

Mahnich v. Southern SS Co., 321 US 96 (1944) Holding

A work that argues that race consciousness is essential to ending racism

Mari Matsuda, Where Is Your Body?: And Other Essays on Race, Gender, and the Law (1996)

"All research has pointed to one glaring, undisputed gender difference. Women are minimally represented in the political elite."

Marianne Githens, The Elusive Paradigm: Gender, Politics and Political Behavior in Political Science: The State of the Discipline (1983)

Concluding that an ineffective-assistance-of-counsel claim may be brought in a collateral proceeding under 28 U.S.C. § 2255, regardless of whether the petitioner could have raised the claim on direct appeal.

Massaro v. United States, 538 US 500 (2003) Holding

"The tradition of English-speaking freedom has depended in no small part upon the merely 'procedural requirement that the state point with exactness to just that conduct which violates the law."

Masses Publishing Co. v. Patten 244 F. 535 (S.D.N.Y. 1917) (Learned Hand)

A work that documents the Constitutional Convention's approval of a compromise authorizing congress to "appoint" or "establish" lower federal courts instead of precluding them altogether or mandating their establishment.

Micheal Collins, Article III Cases, State Court Duties, and the Madisonian Compromise, 1995 Wisc. L. Rev. 35

This item allows someone to determine the effects of more than one independent variable on a particular dependent variable

Multiple Linear Regression

A claimant can satisfy the intent requirement for a conversion claim if she or he shows that the tortfeasor intended to assert dominion or control over the goods in a manner that was inconsistent with the owner's rights (Please answer in German)

Naturlich

The phrase volenti non fit injuria signifies the fact that consent usually precludes a plaintiff from obtaining a recovery from a defendant in an intentional tort action (Please answer in German)

Naturlich

Members of the Legislature shall be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session.

Nev. const. art. 4 §11 (Privilege of members: Freedom from arrest on civil process)

"A sterile literalism which loses sight of the forest for the trees."

New York Trust Co. v. Commissioner of Internal Revenue, 68 F. 2d 19 (2d Cir. 1933) (Learned Hand)

Concluding that a Ninth Circuit panel consisting of two Article III judges and one Article IV judge did not have the authority to decide petitioners' appeals.

Nguyen v. United States, 539 US 69 (2003) Holding

"The takings clause demands a showing by the challenger that the regulatory authority has foreclosed all economically viable options."

Nichol, Ripeness and the Constitution, 54 U. Chi. L. Rev. (1987)

The doctrine of treaty self-execution does not arise from Foster Elam v. Neilson (Please answer in Polish)

Oczywiscie Ze Nie

This item is a cash flow measure

Operating Cash Flow

"Five judges are no more likely to agree than five philosophers upon the philosophy behind an Act of Parliament."

Patrick Devlin, The Judge (1979)

A work that argues in favor of increased specialization at the court of appeals level to alter the judicial confirmation process

Paul Bator, The Judicial Universe of Judge Richard Posner, 52 U. Chi. L. Rev. (1985)

Accounts Payable/(Cost of Sales/365)

Payable Period Equation

Concluding that a state regulation excluding unemployed fathers eligible for unemployment compensation from AFDC benefit eligibility was pre-empted by §407(b)(2)(C)(ii) of the Social Security Act

Philbrook v. Glodgett, 421 U.S. 707 (1975) Holding

Concluding that 23 U. S. C. § 409, which protects information "compiled or collected" in connection with certain federal highway safety programs from being discovered or admitted in certain federal or state trials, was a valid exercise of Congress' authority under the Commerce Clause and, dismissing the writ of certiorari with respect to the tort action for want of jurisdiction.

Pierce County v. Guillen, 537 US 129 (2003) Holding

"The arbitrary separation of citizens, on the basis of race, while they are on a public highway, is a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution. It cannot be justified upon any legal grounds...We boast of the freedom enjoyed by our people above all other peoples. But it is difficult to reconcile that boast with a state of the law which, practically, puts the brand of servitude and degradation upon a large class of our fellow-citizens, our equals before the law. The thin disguise of "equal" accommodations for passengers in railroad coaches will not mislead any one, nor atone for the wrong this day done."

Plessy v. Ferguson, 163 US 537 (1896) (Harlan, J., dissenting)

Concluding that the Ninth Circuit erred in finding that CDCA was required to warn pro se litigants filing mixed petitions that (1) the court would not have the power to consider the litigant's motions to stay the mixed petitions unless she or he opted to amend them and dismiss the then-unexhausted claims and (2) if applicable, that the litigant's federal claims would be time-barred, absent cause for equitable tolling, upon her or his return to federal court if she or he opted to dismiss the petitions without prejudice and return to state court to exhaust all of her or his claims.

Pliler v. Ford, 542 US 225 (2004) Justice Thomas Opinion Conclusion

"Where the statute inflicts a penalty for doing an act, although the act itself is not expressly prohibited, yet to do the act is unlawful, because it cannot be supposed that the Legislature intended that a penalty should be inflicted for a lawful act."

Powhatan Steamboat Co. v. Appomattox R. Co., 65 US 247 (1861) (Nathan Clifford)

Concluding that the Sixth Circuit erred in granting habeas relief to respondent by incorrectly concluding that the Fifth Amendment's Double Jeopardy Clause as applied to the States through the Fourteenth Amendment barred his conviction for first-degree murder because the decision exceeded the limits imposed on federal habeas review by 28 U.S.C. § 2254(d)

Price v. Vincent, 538 US 634 (2003) Holding

Concluding that the 11th Amendment does not prohibit federal courts from ordering state officials to send an explanatory notice to members of a plaintiff class advising them that there are state administrative procedures available by which they may receive a determination of whether they are entitled to past welfare benefits.

Quern v. Jordan, 440 US 332 (1979) Holding

This item is a type of security

REITs

Concluding that 28 U. S. C. §2241 provides federal district courts with jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay.

Rasul v. Bush, 542 U.S. 466 (2004) Justice Stevens Opinion Conclusion

"Where the immediate legislative purpose is clearly revealed by the pertinent statutory language read in proper context, its meaning is clear."

Reed Dickerson, Statutory Interpretation: Core Meaning and Marginal Uncertainty, 29 Mo. L. Rev. (1964)

Concluding that a state probate code that specified that "males must be preferred to females" in appointing estate administrators violated the Fourteenth Amendment's Equal Protection Clause.

Reed v. Reed, 404 U.S. 71 (1971) Chief Justice Burger Opinion Conclusion

When it comes to piercing the corporate veil, under the mere instrumentality test for LLCs, a claimant need not prove that the principals dominated the entity to commit a wrong or fraud (Please answer in Czech)

Rozhodne Ne

Sample Regression with Two Independent Variables Residual Standard Error Symbol

SEE

Estimated Variance of the Prediction Error Equation

SF2 = S2[1 + 1/n + ((X - Xmean)2 / (n - 1)SX2))]

Concluding that Eighth Circuit had jurisdiction to hear the appeal over the collateral order and, that the Fifth Amendment did not bar the federal government from administering antipsychotic drugs involuntarily to a mentally ill criminal defendant to render him competent to stand trial for serious, but nonviolent, crimes.

Sell v. United States, 539 U.S. 166 (2003) Holding

An appeals court will only set aside a judicial finding of fact if it clearly erroneous (Please answer in Danish)

Selvfolgelig

Under the vested rights approach, if an action is a tort at the place the tort occurred, the action can be brought in any other state (Please answer in Norwegian)

Selvfolgelig

A majority of states require individual to retreat before using deadly force in self defense if it is safe to do so (Please answer in Norwegian)

Selvfolgelig Ikke

Concluding that where a capital defendant's future dangerousness is at issue, and the only sentencing alternative to death available to the jury is life imprisonment without possibility of parole, the Fourteenth Amendment's Due Process Clause entitles the defendant to inform the jury of her or his parole ineligibility, either by a jury instruction or in arguments by counsel

Simmons v. South Carolina, 512 U. S. 154 (1994) Holding

William Popkin

Statutes in Court: The History and Theory of Statutory Interpretation Author

When it comes to analysis of variance in a regression with one independent variable, this item measures the variation in the dependent variable that is not explained by the independent variable

Sum of Squares Error or SSE

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today. Yet if the individual is no longer to be sovereign, if the police can pick him up whenever they do not like the cut of his jib, if they can "seize" and "search" him in their discretion, we enter a new regime. The decision to enter it should be made only after a full debate by the people of this country."

Terry v. Ohio, 392 US 1 (1968) (Douglas, J., dissenting)

"In determining whether the seizure and search were "unreasonable" our inquiry is a dual one—whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place."

Terry v. Ohio, 392 US 1 (1968) (Earl Warren)

Concluding that the Sixth Amendment right to counsel does not attach to crimes that are factually related to those that have actually been charged

Texas v. Cobb, 532 US 162 (2001) Holding

Paul Brest

The Supreme Court, 1975 Term - Foreward: In Defense of the Antidiscrimination Principle, 90 Harv. L. Rev. (1976)

Oliver Wendell Holmes Jr.

The Theory of Legal Interpretation, 12 Harv. L. Rev. (1899) Author

Contra proferentem rule

The doctrine that, in the interpretation of private documents, doubts and ambiguities are to be construed unfavorably to the drafter

Borrowed Statute Doctrine

The false proposition that if a legislature enacts a statute copied from another jurisdiction, it also borrows the existing settled construction of the statute in the lending state

Jiste

The rule from Rylands v Fletcher can apply if there was an escape of something likely to do mischief (Please answer in Czech)

Rozhodne Ne

The rule from Rylands v Fletcher can never apply if the land was not used naturally (Please answer in Czech)

Oczywiscie

The rule from Rylands v Fletcher only applies if the disputed item was artificially brought or kept on the defendant's land (Please answer in Polish)

Stop Rail Now v. DeCosta, 120 Haw. 238, 243, 203 P.3d 658, 663 (Ct. App. 2008)

This case provides an example of Hawaii Rule of Appellate Procedure 8's Application

Scottish Episcopalians Act of 1711

This item can be cited in support of the proposition that the 1706 Act of Union is not legally unalterable

Irish Church Act of 1869

This item can be cited in support of the proposition that the 1800 Act of Union is not legally unalterable

1934 Johnson Act

This item circumscribed the district courts' jurisdiction to issue injunctions interfering with state regulation of public utilities whenever a "plain, speedy, and efficient remedy may be had at law or in equity in the courts of" the state.

1875 Judiciary Act

This item conferred general jurisdiction over all civil cases arising under federal law subject to an amount in controversy requirement

Act of March 2, 1855

This item created a Tenth Circuit composed of California and Oregon

1807 Seventh Circuit Act

This item created a new circuit to serve Kentucky, Tennessee, and Ohio

Analyzing the firm's internal cash flow and balance sheets

This item is a part of due diligence to avoid fraudulent conveyance actions

Asking the transferor's chief financial officer or an independent management consulting or investment banking firm to prepare to a solvency certificate based on the firm's balance sheet

This item is a part of due diligence to avoid fraudulent conveyance actions

Fund Garnishment

This item is a type of process that, if abused, could give rise to an abuse of process claim

Property Attachments

This item is a type of process that, if abused, could give rise to an abuse of process claim

Property Executions

This item is a type of process that, if abused, could give rise to an abuse of process claim

Subpoenas

This item is a type of process that, if abused, could give rise to an abuse of process claim

'No-shop' agreement

This item is another name for an exclusivity agreement

'No-shop' agreement

This item is entered into before the main acquisition agreement is signed

M.G. Kendall, The Analysis of Economic Time-Series, Part I. Prices, Journal of Royal Statistical Society (1953)

This item is often cited as the original genesis of the efficient capital markets concept

They permit the buyer to conduct and complete due diligence and negotiate the transaction without worrying about competing buyers

This item is one reason why no-shop agreements tends to benefit buyers more than sellers

Using A Third-Party Service Provider To Verify The Accuracy And Completeness Of The Information

This item is part of the minimum efforts that must be made when verifying the information on a Form U4

Hylton v. United States, 3 U.S. 171 (1796)

This item is the first case of the U.S. Supreme Court exercising its power of judicial review

FINRA Rule 3110

This item requires broker-dealers to set up a supervisory system for the activities of its associated persons that reasonably achieve compliance with FINRA rules and the federal securities laws

Signature of the exclusivity agreement

This item signifies the end of the initial bidding stage

Debt to Assets/Debt Ratio[OH1] [OH1]Debt Ratio is technically Total Liabilities/Total Assets

This metric discloses the proportion of a company's total debt relative to its assets and is used to assess leverage

Exercise Value

This metric discloses the value of an option if it were to be exercised today

Concluding that a state housing authority violated HUD guidelines when it attempted to evict a tenant of a federally assisted housing project without prior notification and a hearing

Thorpe v. Housing Auth., 393 U.S. 268 (1969) Holding

Concluding that 8 U. S. C. § 1409 which imposed different requirements for a child's acquisition of citizenship depending on the citizen parent's gender did not violate the Equal Protection component of the Fifth Amendment's Due Process Clause

Tuan Anh Nguyen v. INS, 533 US 53 (2001) Holding

Having Compensation Determined By A Person The Supervisor Herself Or Himself Is Supervising

Under FINRA Rule 3110, firms must establish procedures to prevent supervisory personnel from doing this item

Having Continued Employment Determined By A Person The Supervisor Herself Or Himself Is Supervising

Under FINRA Rule 3110, firms must establish procedures to prevent supervisory personnel from doing this item

Disclose Appellate Court Title

Under the Hawaii Rules of Appellate Procedure, every document filed on a litigant's behalf must do this item

Concluding that a state law authorizing teachers to conduct regular religious prayer services and activities in school classrooms during the school day violated the First Amendment's Establishment Clause

Wallace v. Jaffree, 472 US 38 (1985) Holding

Delta

When it comes to Black-Scholes-Merton inputs, the sensitivity of an option's price to the price of the underlying is called this item

Xi Wang, The Trial of Democracy: Black Suffrage and Northern Republicans 1860-1910 (1997)

A work that provides a history of the Reconstruction Amendments

Robert Weisbrot, Voices of Freedom: An Oral History of the Civil Rights Movement from the 1950s Through the 1980s (1990)

A work that provides a history of the U.S. Civil Rights Movement

Jeffries, Legality, Vagueness and the Construction of Penal Statutes, 71 Va. L. Rev. (1985)

A work that discusses the vagueness doctrine

Annual Audit Fee/Sales

Audit Ratio Equation

Peter Klochin

American Slavery 1619-1877 (1993) Author

This item is a type of security

Bonds

Daniel Meltzer

Deterring Constitutional Violations by Law Enforcement Officials: Plaintiffs and Defendants as Private Attorneys General, 88 Colum. L. Rev. (1988) Author

This item is a performance measure

Fixed Asset Turnover

Claro que nao

Gas can never be injected into a producing reservoir through pressure maintenance operations. (Please answer in Portuguese)

Hawaii Supreme Court Trivia Set 2

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