Hawaii Supreme Court Trivia Set 1

Upholding an 11th Amendment challenge to the Patent and Plant Variety Protection Remedy Clarification Act which attempted to abrogate state sovereign immunity in patent and false-advertising suits as a means of preventing deprivations of property without due process of law.

Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank (1999) Holding

"Liberty of contract is not an absolute concept....It is relative to many conditions of time and place and circumstance. The constitution has not ordained that the forms of business shall be cast in imperishable moulds."

Hartford Accident Co. v. Nelson Co., 291 US 352 (1934) (Benjuamin Cardozo)

A bank that has invested in the debt security as a credit extension in the ordinary course of its trade or business

In private equity law, the portfolio interest exemption for purchases of debt securities sold by U.S. holders cannot be claimed by this item

The Concept of Law Author

H.L.A. Hart

The dividends will not be taxed and any remaining amount will be treated as a capital gain

If dividends in excess of current and accumulated earnings and profits are paid out to a U.S. holder, this item is the rule for any return up to the amount of the basis

A controlled foreign corporation that is directly or indirectly related to the issuer through stock ownership

In private equity law, the portfolio interest exemption for purchases of debt securities sold by U.S. holders cannot be claimed by this item

"These amendments [in the Bill of Rights] contain no expression indicating an intention to apply them to the state governments."

Barron v. Baltimore, 32 U.S. 243 (1833)

"Whenever two men contract, no limitation self-imposed can destroy their power to contract again."

Beatty v. Guggenheim Exploration Co., 122 N.E. (1919) (Benjamin Cardozo)

"An ACT of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority."

Calder v. Bull, 3 US 386 (1798) (Samuel Chase)

"There are certain vital principles in our free Republican governments, which will determine and over-rule an apparent and flagrant abuse of legislative power."

Calder v. Bull, 3 US 386 (1798) (Samuel Chase)

A shareholder is personally liable for torts committed while acting as an agent for the corporation even if the shareholder was acting at the command of the corporation (Please answer in Romanian)

Desigur

Proof of actual damages is not required to prevail in an action for most intentional torts. (Please answer in Romanian)

Desigur

Concluding that 18 U. S. C. § 3501 violated Miranda v. Arizona, 384 U. S. 436 (1966)

Dickerson v. United States, 530 U.S. 428 (2000) (Chief Justice Rehnquist Opinion Conclusion)

"It is never to be forgotten that, in the construction of the language of the Constitution...as indeed in all other instances where construction becomes necessary, we are to place ourselves as nearly as possible in the condition of the men who framed that instrument."

Ex parte Bain, 121 US 1 (1887) (Samuel Miller)

If applicable, the Speech and Debate clause does not protect members of Congress from grand jury proceedings (Please answer in Italian)

Falso

Invocation of Miranda only protects the suspect from questions that are suspect to that are specific to the charged offense (Please answer in Italian)

Falso

Lawfully impounded vehicles cannot be searched without probable cause or a warrant (Please answer in Italian)

Falso

A work that provides a discussion of D.C. enfranchisement

Jamin Raskin, Is This America? The District of Columbia and the Right to Vote, 34 Harv. C.R. C.L. L. Rev. (1999)

51 Imperfect Solutions: States and the Making of American Constitutional Law Author

Jeffrey Sutton

Law and Disagreement Author

Jeremy Waldron

"The rights of sovereignty, or supreme power, are of a legislative and executive nature, and must, under any form of government, be vested exclusively in a body or bodies, distinct from the people at large"

Joseph Chitty

Capitalism, Socialism, and Democracy (1950) Author

Joseph Schumpeter

Commentaries on the Constitution of the United States Author

Joseph Story

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. But, a person can be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs and causes apprehension of an immediate harmful or offensive contact. (Please answer in Serbo-Croatian)

Ne

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. But, a person can be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs even if she or he does not causes apprehension of an immediate harmful or offensive contact. (Please answer in Serbo-Croatian)

Ne

A de facto corporation is a firm that operates as if it were a corporation although it has not completed the legal steps to become incorporated (Please answer in Estonian)

Muidugi

The phrase lex loci celebrationis refers to the fact that the law of the place of marriage governs the formation of the marriage (Please answer in Estonian)

Muidugi

When it comes to assault torts, self-defense is a defense. (Please answer in Norwegian)

Selvfolgelig

Magistrates can be paid on a per diem basis for warrant releases (ie. the magistrate is paid for each warrant that she or he provides) (Please answer in Norwegian)

Selvfolgelig Ikke

Menacing words can constitute assault even if they do not give rise to a reasonable apprehension of harm (Please answer in Norwegian)

Selvfolgelig Ikke

Miranda applies during a conversation with an undercover officer before the officer has been exposed (Please answer in Norwegian)

Selvfolgelig Ikke

Miranda applies during the preliminary stages of a motor vehicle traffic stop (Please answer in Norwegian)

Selvfolgelig Ikke

Jack Balkin

Living Originalism (2011) Author

Constitutional Conflicts between Congress and the President Author

Louis Fisher

Presidential War Power (2004) Author

Louis Fisher

Establishing the Rules of the Game: Election Law in Democracies Author

Louis Massicott, Andre Blais, and Antoine Yoshinaka

A work that provides a comparative discussion of competence based disenfranchisement

Louis Massicott, Andre Blais, and Antoine Yoshinaka, Establishing the Rules of the Game: Election Law in Democracies

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 location of contract formation in its analysis (Please answer in Estonian)

Muidugi Mitte

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 place where performance where it occurred (Please answer in Estonian)

Muidugi Mitte

Upholding a state statute limiting the working hours of women as constitutional under the Fourteenth Amendment's Due Process Clause

Muller v. Oregon, 208 U.S. 412 (1908) Holding

Congress cannot alter the jurisdiction of any inferior court it creates (Please answer in Danish)

Naturligvis ikke

The Double Jeopardy Clause attaches during grand jury proceedings (Please answer in Danish)

Naturligvis ikke

The NYT actual malice standard applies to defamation claims brought by private figures (Please answer in Danish)

Naturligvis ikke

Individuals cannot implicitly waive their Miranda rights (ex. someone is told they have the right but speaks anyway) (Please answer in Dutch)

Natuurlijk Niet

When it comes to the volitional act requirement in battery torts, an unconscious act is actionable. (Please answer in Dutch)

Natuurlijk Niet

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. (Please answer in Serbo-Croatian)

Ne

IRS Form 8281

This item must be filed if an entity publicly issues original issue discount instruments

Rule 144A registered or medium-term note program

This item permits issuers to issue debt quickly to suit the firm's needs or to take advantage of favorable market conditions

The brief for which the appendix is served

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

The motion for which the appendix is served

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Coversheet

Under the Florida Rules of Appellate Procedure, any filed appendix should contain this item

Lead counsel

Under Texas Rule of Appellate Procedure 25, the attorney whose signature appears first on the notice of appeal is this item

The appellate court may not grant a party who does not file a notice of appeal more favorable relief than did the trial court except for just cause

Under Texas Rule of Appellate Procedure 25, this item is the rule if a party does not file an appeal notice

The filing is mailed with prepaid postage

Under the Hawaii Rules of Appellate Procedure, a document is served once this item occurs

Enter a point of order and appeal the presiding officer ruling

Under the Standing Rules, to informally appeal a presiding officer response to a parliamentary inquiry, this item must be done

Partnership

Under the federal income tax code, limited liability corporations are treated as this item if they are a multi-member entity unless the limited liability corporation elects to be treated as a C corporation or an S corporation

"Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial...The very term "nation," so generally applied to them, means "a people distinct from others."

Worcester v. Georgia, 31 US 515 (1832)

"[The tribes'] relation [to the United States] was that of a nation claiming and receiving the protection of one more powerful: not that of individuals abandoning their national character, and submitting as subjects to the laws of a master."

Worcester v. Georgia, 31 US 515 (1832)

When it comes to battery torts, a determination of whether contact is harmful or offensive is based on the viewpoint of a reasonable person with ordinary sensibilities. (Please answer in Italian)

Vero

The 13th amendment outlaws the badges of slavery (Please answer in French)

Bien sur

The Constitution of Liberty Author

Friedrich A. Hayek

Generally, police need a search warrant to seize contraband that is plain view (Please answer in Dutch)

Natuurlijk Niet

An action for false arrest can possibly be brought if the arresting person lacks probable cause to detain the plaintiff (Please answer in Hawaiian)

'Oia'i'o

An officer can frisk the driver or occupant of a car after a lawful stop if she or he believes that the target of the frisk is dangerous and can quickly draw a weapon (Please answer in Hawaiian)

'Oia'i'o

Burford abstention can apply if federal adjudication would interfere with the administration of a complex regulatory regime (Please answer in Hawaiian)

'Oia'i'o

Content neutral regulations in public forums are subject to intermediate scrutiny (Please answer in Hawaiian)

'Oia'i'o

Tribe, 1 American Constitutional Law 274 n.28 (2000)

A work that mildly retreats from the claims offered in Tribe, Jurisdictional Gerrymandering: zoning Disfavored Rights Out of Federal Courts, 16 Harv. C.R.-C.L. L. Rev. (1981)

75 days of its formation or two months and fifteen days after the beginning of the tax year the election will take effect

A C-corporation may elect for S-corporation tax status within this item

Daniel Farber and Suzanna Sherry

A History of the American Constitution Author

The 6th Amendment allows states to pass laws requiring a suspect's defense lawyer to provide notice of an intent to present an alibi defense (Please answer in French)

Bien sur

"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."

Amend. IV (Warrants Clause)

De minimis original issue discount

A discount that is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity

More than 90% of the firm's gross income consists of passive investment income

A publicly traded partnership is treated as this item for federal income tax purposes unless this item is the case

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Amend. X

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."

Amend. XI

Implied preemption cannot occur when it is impossible to comply with both state and federal requirements (Please answer in French)

Bien sur que non

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

Amend. XXVII

Harvey Mansfield

America's Constitutional Soul Author

Verdicts by juries with 12 members can convict with a vote of at least 9-3 (Please answer in French)

Bien sur

When it comes to the intent element in battery torts, motive is irrelevant. (Please answer in French)

Bien sur

The judicial Power shall extend to ...Controversies...between a State and Citizens of another State ...and between a State...and foreign States, Citizens or Subjects.

Art. III, § 2, cl. 1 (Citizen-State Diversity)

The judicial Power shall extend to ...Controversies...between Citizens of different States....

Art. III, § 2, cl. 1 (Diversity Clause)

The judicial Power shall extend to ...Controversies to which the United States shall be a Party....

Art. III, § 2, cl. 1 (Federal Party)

The judicial Power shall extend to ...Controversies between two or more States....

Art. III, § 2, cl. 1 (Interstate Disputes)

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States

Art. III, § 2, cl. 1 (Judicial Power Clause)

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority

Art. III, § 2, cl. 2 (Treaty Clause)

In federal grand jury proceedings, witnesses need not answer questions that arise from evidence that would be inadmissible under the exclusionary rule (Please answer in French)

Bien sur que non

File a transcript

In cases before the Virginia Court of Appeals, the appeal notice should state if counsel intends to do this item

"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

Art. IV, § 2, cl. 1 (Privileges and Immunities Clause)

Parental rights appeals

In cases before the Virginia Court of Appeals, this category of cases receives priority in docketing

"A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime."

Art. IV, § 2, cl. 2 (Interstate Rendition Clause)

Worker's compensation appeals

In cases before the Virginia Court of Appeals, this category of cases receives priority in docketing

False arrest can never become false imprisonment, regardless of the circumstances or duration. (Please answer in Spanish)

No

Invalidating § 3 of the National Industrial Recovery Act as violative of the Commerce Clause and non-delegation doctrine

A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) Holding

Charles Beard

An Economic Interpretation of the Constitution of the United States Author

John Locke

An Essay Concerning Human Understanding Author

A. Mitchell Polinsky

An Introduction to Law and Economics Author

Edward Levi

An Introduction to Legal Reasoning Author

"nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."

Art. IV, § 3, cl. 2 (Claim Clause)

"The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States."

Art. IV, § 3, cl. 2 (Property Clause)

Post hoc, Congress cannot overturn a dormant commerce clause decision with a statute alone (Please answer in French)

Bien sur que non

"The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory...belonging to the United States."

Art. IV, § 3, cl. 2 (Territories Clause)

When it comes to the intent requirement for an assault tort, a defendant must posses the intent to inflict upon a plaintiff a harmful or offensive touching or to cause apprehension of an uninvited contact. (Please answer in French)

Bien sur

A landowner does not have a legally protected interest in the ground below her or his property for a reasonable distance (Please answer in French)

Bien sur que non

An individual has a reasonable expectation of privacy in the phone numbers that she or he dials on her or his private phone (Please answer in French)

Bien sur que non

A work that provides a detailed history of the litigation in Gomillion v. Lightfoot

Bernard Taper, Gomillion v. Lightfoot: apartheid in Alabama (1962)

A landowner has a legally protected interest in the airspace above her or his property for a reasonable distance (Please answer in French)

Bien sur

Invalidating an Ohio early filing deadline election regulation as violative of the First Amendment right of association

Anderson v. Celebrezze, 460 US 780 (1983) Holding

A work that argues that the influence of women's organizations over policies declined after the ratification of the 19th Amendment and that this decline continued to the 1970s

Anna Harvey, Votes Without Leverage: Women in American Electoral Politics, 1920-1970 (1998)

Making Your Case: The Art of Persuading Judges Author

Antonin Scalia

Reading Law Author

Antonin Scalia

Employment Division v. Smith applies in cases where a facially neutral statute that has an incidental burden on religion is challenged (Please answer in French)

Bien sur

The Politics Author

Aristotle

Upholding a New York statute that identified certain categories of persons as particularly likely to include transients and subjected members of those classes to the risk of a more searching inquiry than is applicable to prospective registrants generally

Auerbach v. Rettaliata, 765 F. 2d 350 (2d Cir. 1985) Holding

The Double Jeopardy Clause attaches right after an individual is arrested (Please answer in French)

Bien sur que non

"The king has no power save that allowed by law"

Case of Proclamations [1611]

Thomas Cooley

Constitutional Limitations Author

∑(XI - X0)(YI - Y0)/(n - 1)

Cov(X, Y) =

C-corporation

For federal income tax purposes, if a corporation is not an S-corporation, it is this item

What the Anti-Federalists Were For Author

Herbert Storing

Abuse of discretion

In the Delaware Supreme Court, if a judgment alteration motion determination is challenged on review, this item is the standard of review

A tort can never be intentional. (Please answer in Spanish)

No

Forrest McDonald

Novus Ordo Seclorum: The Intellectual Origins of the Constitution Author

Henry N. Butler and Larry E. Ribstein

Opting Out of Fiduciary Duties: A Response to the Anti-Contractarians, 65 Wash. L. Rev. 1 (1990) Author

Police on the street cannot go arrest an individual for an offense in that individual's house if they have reason to believe that the suspect is in the house, do not have an arrest warrant, but obtain consent to enter the home (Please answer in Swedish)

Sjalvklart Inte

Prior restraints are not presumptively unconstitutional (Please answer in Swedish)

Sjalvklart Inte

Proof of actual damages must be shown to win on a false arrest claim (Please answer in Swedish)

Sjalvklart Inte

Speech regulation of private property/non-public forums are subject to intermediate scrutiny (Please answer in Swedish)

Sjalvklart Inte

"Whatever may be the justifications for other statutes regulating obscenity, we do not think they reach into the privacy of one's own home. If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds."

Stanley v. Georgia, 394 US 557 (1969) (Thurgood Marshall)

William Douglas

Stare Decisis Author

Ralph Winter

State Law, Shareholder Protection, and the Theory of the Corporation, 6 J. Legal Stud. 251 (1977) Author

Active Liberty Author

Stephen Breyer

Charles Reich

The New Property, 73 Yale L. J. 733 (1964) Author

Neutral Principles and Some First Amendment Problems, 47 Ind. L J 1 (1971) Author

Robert Bork

A work that examines the original understanding of the national security provisions of the constitution

Robert Bork, Erosion and the President's Power in Foreign Affairs, 68 Wash. U. L.Q. 693 (1990)

"Procedure is the blindfold of justice"

Robert Cover, Owen Fiss, and Judith Resnik, Procedure (1988)

Natural Law Theory Author

Robert George

A defendant's contact with a plaintiff is offensive if it would offend a reasonable person's sense of dignity (Please answer in Hawaiian)

'Oia'i'o

A party may be able to satisfy the injury in fact requirement under Article III if the injury is imminent (Please answer in Hawaiian)

'Oia'i'o

A party must have standing to bring a suit in a federal court (Please answer in Hawaiian)

'Oia'i'o

Normally, state laws that force newspapers to publish unwanted replies to articles in previous editions will be subjected to strict scrutiny (Please answer in Hawaiian)

'Oia'i'o

Gunther, Congressional Power to Curtail Federal Court Jurisdiction: an Opinionated Guide to the Ongoing Debate, 36 Stan. L. Rev. (1984)

A work that critiques the claim that Congress cannot single out certain constitutional issues from primary or exclusive adjudication in state courts

A work that locates the right to vote in the First Amendment right of free speech

Alexander Meiklejohn Political Freedom (1960)

POTUS is entitled to disregard a severable unconstitutional condition on statutory spending authority

Assistant Attorney General William Barr, The Effect of an Appropriations Rider on the Authority of the Justice Department to File a Supreme Court Amicus Brief, 14 Op. O.L.C. 38 (1990) Conclusion

The Growth of the Law Author

Benjamin Cardozo

The Nature of the Judicial Process Author

Benjamin Cardozo

Rejecting a 14th Amendment equal protection challenge to a state statute prohibiting private educational institutions chartered as corporations from admitting a multiracial student body in part because the lower court decision rested on an AISG

Berea College v. Kentucky, 211 US 45 (1908) Holding

Intentional tort liability arises when one person intends to bring about some mental or physical result to another person. (Please answer in French)

Bien sur

Preemption can be expressed or implied (Please answer in French)

Bien sur

States must obtain the consent of Congress before entering into an interstate compact that increases the political power of the parties and could potentially encroach on federal supremacy in an area (Please answer in French)

Bien sur

Evidence that would be inadmissible under the exclusionary rule cannot be used to impeach a defendant (Please answer in French)

Bien sur que non

Suspects do not have a right to a public voir dire (Please answer in French)

Bien sur que non

There are not exigent circumstances where an individual may not have a reasonable expectation of privacy in her or his home (Please answer in French)

Bien sur que non

Verdicts by juries with 6 members need not be unanimous (Please answer in French)

Bien sur que non

Richard Posner

Blackstone and Bentham, 19 J. L. & Econ. 569 (1976) Author

"It is said that when the meaning of language is plain we are not to resort to evidence in order to raise doubts. That is rather an axiom of experience than a rule of law, and does not preclude consideration of persuasive evidence if it exists."

Boston Sand and Gravel Co. v. United States, 278 US 41 (Oliver Wendell Holmes Jr.)

Provides investors with information for assessing the suitability of the security to their own unique circumstances and constraints

Brokerage firms have to establish a rating system that does this item

Provides utility for investors and for investment decision-making

Brokerage firms have to establish a rating system that does this item

Conflicts of interest to which the firm or its covered employees are subject

Brokerage firms have to provide full and fair disclosure of this item

We the People Author

Bruce Ackerman

Rejecting a 14th Amendment Equal Protection Challenge to a Hawaii distracting plan based on registered voters

Burns v. Richardson, 384 U.S. 73 (1966) (Justice Brennan Opinion Conclusion)

"The meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain,...the sole function of the courts is to enforce it according to its terms"

Caminetti v. United States, 242 US 470 (1917) (William Day)

Generally, a parent must have legal custody to bring an action on behalf of a minor child (Please answer in Portuguese)

Certamente

Generally, the decisions of both state and federal courts may be subject to review in SCOTUS (Please answer in Portuguese)

Certamente

A work that speaks to the question of whether judicial deference to election integrity claims in voter ID cases involves an empirical or normative question

Chad Flanders, How to Think About Voter Fraud (and Why), 41 Creighton L. Rev. (2007)

The intent element in battery torts can never require the plaintiff to prove that the defendant acted with a belief that a harmful or offensive touching was substantially certain to occur. (Please answer in Portuguese)

Claro que nao

"This Court may not disregard the Constitution because an appeal in this case, as in others, has been made on the eve of execution. We must be deaf to all suggestions that a valid appeal to the Constitution, even by a guilty man, comes too late, because courts, including this Court, were not earlier able to enforce what the Constitution demands. The proponent before the Court is not the petitioner but the Constitution of the United States."

Chessman v. Teets, 354 US 156 (1957)

The privilege against self-incrimination does not extend to congressional or grand jury proceedings (Please answer in Portuguese)

Claro que nao

Federal courts can hear suits by individuals against state governments for money damages, notwithstanding the sovereign immunity that the states had traditionally enjoyed at common law

Chisholm v. Georgia (1793) Holding

When it comes to the volitional act requirement for an assault tort, a non-controlled action can satisfy the requirement. (Please answer in Portuguese)

Claro que nao

Constitutional Self-Government Author

Christopher Eisgruber

Locked Out: Felon Disenfranchisement and American Democracy (2006) Author

Christopher Uggen and Jeff Manza

Invalidating a municipal regulation requiring special use permits for a proposed group home for individuals with intellectual disabilities as violative of the Fourteenth Amendment's Equal Protection Clause

City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 (1985) Holding

"Great weight has always been attached, and very rightly attached, to contemporaneous exposition."

Cohens v. Virginia, 19 US 264 (1821) (John Marshall)

Identifying benchmarks for portfolio manager performance

Correlation analysis can be used for this item

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact or causes apprehension of an immediate harmful or offensive contact and an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs. (Please answer in Serbo-Croatian)

Da

"Understand" may mean to interpret. This meaning requires an exceedingly high, if not impossible, standard. The distinguished Justices of the Supreme Court of the United States have frequently disagreed in their interpretations of various articles of the Constitution. We learn from history that many of the makers of the Constitution did not understand its provisions; many of them understood and believed that its provisions gave the Supreme Court no power to declare an act of Congress unconstitutional. An understanding or explanation given by the Supreme Court a few years ago as to the meaning of the commerce clause does not apply today. Among our most learned judges there are at least four different understandings and explanations of the Fourteenth Amendment to the Constitution as to whether it made the first eight Amendments applicable to state action. Such a rigorous standard...illustrates the completeness with which any individual or group of prospective electors, whether white or Negro, may be deprived of the right of franchise by boards of registrars inclined to apply this one of the innumerable meanings of such an indefinite phrase.."

Davis v. Schnell, 81 F. Supp. 872 (S.D. Ala. 1949) (C. Ray Mullins)

"The appellant has attempted to distinguish the factual situation in this case from that in Renfroe v. Higgins Rack Coating and Manufacturing Co., Inc. (1969), 17 Mich App 259. He didn't. We couldn't. Affirmed. Costs to appellee. All concurred."

Denny v. Radar Industries, Inc., 184 NW 2d 289 (1970) (John Gillis)

Thomas Grey

Do We Have an Unwritten Constitution? in Stanford Legal Essays (1975)

"No one, we presume, supposes that any change in public opinion or feeling, in relation to this unfortunate race, in the civilized nations of Europe or in this country, should induce the court to give to the words of the Constitution a more liberal construction in their favor than they were intended to bear when the instrument was framed and adopted. Such an argument would be altogether inadmissible in any tribunal called on to interpret it. If any of its provisions are deemed unjust, there is a mode prescribed in the instrument itself by which it may be amended; but while it remains unaltered, it must be construed now as it was understood at the time of its adoption."

Dred Scott v. Sandford, 60 US 393 (1857) (Roger Taney)

"In the light of these features of the [Child Labor Law], a court must be blind not to see that the so-called tax is imposed to stop the employment of children within the age limits prescribed. Its prohibitory and regulatory effect and purpose are palpable. All others can see and understand this. How can we properly shut our minds to it?"

Drexel v. Bailey Furniture, 259 US 20 (1922)

Invalidating a Tennessee durational residency statute requiring would be voters to reside in their county for at least three years and the state for at least 1 year to be eligible to vote as violative of the 14th Amendment's Equal Protection Clause

Dunn v. Blumstein, 405 US 330 (1972) Holding

The Attorney General is not required to provide legal advice to members of the House or Senate

Duties of the Attorney General, 1 Op. Att'y Gen. 335 (1820) Conclusion

Richard A. Posner and Kenneth E. Scott

Economics of Corporate Law and Securities Regulation Authors

The role of representative government is to aspire to "general good, resulting from the general reason of the whole"

Edmund Burke, Speech to the Electors at Bristol Claim

A trespass action cannot be brought if the tortfeasor keeps chattels on an individual's property after the agreed upon occupancy period ends (Please answer in Finnish)

Eipa Tietenkaan

If a defendant raises a successful private necessity defense in a trespass action and benefited from the trespass, she or he cannot be found liable for the resulting damages (Please answer in Finnish)

Eipa Tietenkaan

The Purse and the Sword: Control of the Army by Congress Through Military Appropriations 1933-1950 (1950) Author

Elias Huzar

A work that examines the original understanding of the national security provisions of the constitution

Eugene Rostow, "Once More Unto the Breach" : The War Powers Resolution Revisited, 21 Va. U. L. Rev. (1986)

"The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. Rules of court may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature."

Fla. Const. art. V § 2(a) (Administration; practice procedure)

The gain is taxed at the regular rate

For a corporate U.S. holder, if the holder realizes a gain on the sale or disposition of common stock that it held for more than one year, this item describes the tax status of the gain

The measure is pending on the floor

For a measure or matter to be open to a point of order, this item must be the case

"A judgment in one action is conclusive in the later one not only as to any matters actually litigated therein, but also as to any that might have been so litigated, when the two causes of action have such a measure of identity that a different judgment in the second would destroy or impair rights or interests established by the first."

Fuel Corp. v. B. & C. Nieberg Realty Corp. 250 NY 304 (1929)

"In sum, the punishment of death is inconsistent with...four principles: Death is an unusually severe and degrading punishment; there is a strong probability that it is inflicted arbitrarily; its rejection by contemporary society is virtually total; and there is no reason to believe that it serves any penal purpose more effectively than the less severe punishment of imprisonment. The function of these principles is to enable a court to determine whether a punishment comports with human dignity. Death, quite simply, does not."

Furman v. Georgia, 408 US 238 (1972) (Brennan, J., concurring)

"It is not too much to say that the preference for the rule of law over the rule of men depends upon the intellectual integrity of interpretation."

Gary McDowell, Politics and the Constitution: The nature and Extent of Interpretation (1990)

17 year olds who would turn 18 by the time of the general election had no right to vote in primary elections and that in a case where a State is called on to justify its drawing the line for qualifications at 18 years of age no test is required

Gaunt v. Brown, 341 F.Supp. 1187 (S.D. Ohio 1972) Holding

A work discussing the language assistance provisions of the VRA

Glenn D. Magpantay, Asian American Access to the Vote: The Language Assistance Provisions (Section 203) of the Voting Rights Act and Beyond, 11 Asian L.J. ( 2004)

Larry Tribe

God Save This Honorable court (1985) Author

The Death of Contract Author

Grant Gilmore

"But the ultimate touchstone of constitutionality is the Constitution itself and not what [the Supreme Court has] said about it."

Graves v. New York ex rel. O'Keefe, 306 US 466 (1939) (Frankfurter, J., concurring)

Statewide election schemes with a structure that resemble that of the federal electoral college violate the "one person, one vote" principle and the Fourteenth Amendment's Equal Protection Clause

Gray v. Sanders, 372 U.S. 368 (1963) Holding

Concluding that the Secretary of State could revoke a citizen's passport for reasons of national security and the foreign policy interests under the 1926 Passport Act and rejecting a First amendment challenge to the passport revocation

Haig v. Agee, 453 US 280 (1981) Holding

"A common law trial is and always should be an adversary proceeding. Discovery was hardly intended to enable a learned profession to perform its functions either without wits or on wits borrowed from the adversary."

Hickman v. Taylor, 329 US 495 (1947)

Owen Fiss

History of the Supreme Court of the United States: The Troubled Beginnings of the Modern State, 1888-1910 (1993)

Prime rate notes

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

"If by the statement that what the Constitution meant at the time of its adoption it means to-day, it is intended to say that the great clauses of the Constitution must be confined to the interpretation which the framers, with the conditions and outlook of their time, would have placed upon them, the statement carries its own refutation."

Home Building & Loan Assn. v. Blaisdell, 290 US 398 (1934) (Charles Evans Hughes)

"A contract has, strictly speaking, nothing to do with the personal, or individual, intent of the parties. A contract is an obligation attached by the mere force of law to certain ads of the parties, usually words, which ordinarily accompany and represent a known intent. If, however, it were proved by twenty bishops that either party, when he used the words, intended something else than the usual meaning which the law imposes upon them, he would still he held, unless there were some mutual mistake, or something else of the sort."

Hotchkiss v. National City Bank, 200 F. 287 (S.D.N.Y. 1911) (Learned Hand)

The Bill of Rights Author (the book not the first ten amendments)

Hugo Black

The Principles of Natural and Political Law (1625) Author

Hugo Grotius

"It is not uncommon for Presidents to approve legislation containing parts which are objectionable on constitutional grounds."

INS v. Chadha, 462 U.S. 919 (1983) (Warren Burger)

0

If a Correlation Coefficient is this item, that indicates that there is no linear relationship between two variables

Consider motions to reduce a sentence

In Florida District Court of Appeal criminal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter and enforce orders awarding alimony so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Correct clerical errors in judgments, decrees, or other parts of the record, sua sponte, or on a party's motion

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, after the appellate record has been filed, a participating attorney can petition the State Supreme Court to do this item

Enter an order permitting the District Court of Appeal to proceed with specifically stated matters during the duration of the appeal

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, after the appellate record has been filed, a participating attorney can petition the State Supreme Court to do this item

Enter and enforce orders awarding attorneys' fees and costs for services rendered in the lower tribunal so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter and enforce orders awarding child support so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

A work that distinguishes between constitutional interpretation which is a hermeneutic exercise common to both law and literature and constitutional construction which is a political and adjudicative exercise designed to fill the interstices of constitutional text

Jamal Greene, On the Origins of Originalism, 88 Tex. L. Rev. 1 (2009)

"Origin & Scope of the American Doctrine of Constitutional Law," 7 Harv. L. Rev. 17 (1893) Author

James Bradley Thayer

When it comes to false imprisonment claims, a claimant may be able to recover if she or he is asleep during the entire confinement. (Please answer in Swedish)

Javisst

When it comes to the offensive contact element in battery torts, contacts that are normal in human interaction are not actionable. (Please answer in Swedish)

Javisst

"It seems to us inescapable that judges should have a part in creating law - creating it as they apply it. In deciding the multifarious disputes that are brought before them, we believe that judges in any legal system invariably adapt legal doctrines to new situations and thus give them new content."

John Dawson, The Functions of the Judge in Talks on American Law (1971)

The Age Discrimination in Employment Act does not prohibit the President from considering the age of judicial candidates when determining whom to nominate for federal judgeships

John Harmon, Judges - Appointment - Age Factor 3 Op. O.L.C. 388 (1979)

Democracy and Distrust (1980) Author

John Hart Ely

Second Treatise on Civil Government (1689) Author

John Locke

A work that examines durational residency requirements in detail

John MacLeod and Merle Wilmerding, State Voting Residency Requirements and Civil Rights, 38 Geo. Wash. L. Rev. (1969)

Five Chiefs: A Supreme Court Memoir Author

John Paul Stevens

An international judgment entered by a court that lacked jurisdiction over the matter is not enforceable in the United States (Please answer in Turkish)

Kesinlik le

"Equal representation for equal numbers of people is a principle designed to prevent debasement of voting power and diminution of access to elected representatives. Toleration of even small deviations detracts from these purposes. Therefore, the command of Art. I, § 2, that States create congressional districts which provide equal representation for equal numbers of people permits only the limited population variances which are unavoidable despite a good faith effort to achieve absolute equality, or for which justification is shown."

Kirkpatrick v. Preisler, 394 U.S. 526 (1969) (Justice Brennan)

The Morality of Law Author

Lon Fuller

If the state officials deliberately and intentionally had placed the relator in the electric chair five times and,...had applied electric current to his body in a manner not sufficient, until the final time, to kill him, such a form of torture would rival that of burning at the stake...How many deliberate and intentional reapplications of electric current does it take to produce a cruel, unusual and unconstitutional punishment?"

Louisiana ex rel. Francis v. Resweber, 329 US 459 (1947) (Burton, J., dissenting)

"The court has not merely the power but the duty to render a decree which will so far as possible eliminate the discriminatory effects of the past as well as bar like discrimination in the future."

Louisiana v. United States, 380 US 145 (1965)

Constitutionalism and the Separation of Powers Author

M. J. C. Vile

Parliamentary Selection: Social and Political Choice in Early Modern England (1986) Author

Mark Kishlansky

Taking the Constitution Away from the Courts Author

Mark Tushnet

"The exigencies of the nation may require, that the treasure raised in the north should be transported to the south, that raised in the east, conveyed to the west, or that this order should be reversed. Is that construction of the constitution to be preferred, which would render these operations difficult, hazardous and expensive?"

McCulloch v. Maryland, 17 US 316 (1819) (John Marshall)

The Framing of the Constitution of the United States (1913) Author

Max Farrand

"It would be strange, if in the now well understood rights of nations to organize their judicial tribunals according to their nations of policy, it should be conceded to them in every other respect than that of prescribing the time within which suits shall be litigated in their Courts. Prescription is a thing of policy, growing out of the experience of its necessity."

McElmoyle ex rel. Bailey v. Cohen, 38 US 312 (1839) (James Wayne)

Concluding that a bill that would condition the executive branch's ability to obligate appropriated funds upon locating the US embassy to Israel in Jerusalem would unconstitutionally invade the President's constitutional authority to determine the form and manner of the nation's diplomatic relations

Memorandum for Abner Mikva, Counsel to the President, from Walter Dellinger, Assistant attorney General, Office of Legal Counsel, Re: Bill to Relocate United States Embassy from Tel Aviv to Jerusalem (May 16, 1995) Conclusion

A work that documents the adoption of state constitutions in the Deep South with disenfranchising voter provisions passed from 1890-1908

Michael Perman, Struggle for mastery: Disenfranchisment in the South 1888-1908 (2001)

"It is neither realistic nor constitutionally sound to read the First Amendment as requiring that the people of Maine or Mississippi accept public depiction of conduct found tolerable in Las Vegas, or New York City."

Miller v. California, 413 US 15 (1973) (Warren Burger)

"Our holding will be spelled out with some specificity in the pages which follow but briefly stated it is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way."

Miranda v. Arizona, 384 US 436 (1966)

"Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned."

Miranda v. Arizona, 384 US 436 (1966)

Henry Friendly

Mr. Justice Frankfurter and the Reading of Statutes (1967) Author

"Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created."

Munn v. Illinois, 94 US 113 (1877) (Morrison Waite)

Rejecting a Commerce Clause challenge to the Wagner Act

National Labor Relations Board v Jones & Laughlin Steel Corporation, 301 U.S. 1 (1937) Holding

An executive order or executive agreement cannot override a statute (Please answer in Dutch)

Natuurlijk

Article I judges can have their salaries lowered by congress and can be confirmed for tenures that do not extend for life (Please answer in Dutch)

Natuurlijk

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. More than that, a person can never be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs and causes apprehension of an immediate harmful or offensive contact. (Please answer in Serbo-Croatian)

Ne

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. More than that, a person can never be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs even if she or he causes apprehension of an immediate harmful or offensive contact. (Please answer in Serbo-Croatian)

Ne

Bolling v. Sharpe is a 14th Amendment equal protection case (Please answer in Serbo-Croatian)

Ne

Self-defense is not a defense in battery torts. (Please answer in Spanish)

No

Under the Full Faith and Credit Clause, a court may not be required to enforce the judgment of another court if the party challenging the judgment did not litigate the jurisdictional issue in the other court (Please answer in Polish)

Ozcywiscie

Constitutional Fate Author

Philip Bobbitt

Concluding that a direct income tax violated Article I §9 of the U.S. Constitution

Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429 (1895) (Chief Justice Fuller Opinion Conclusion)

"In order to enter into most of the relations of life people have to give up some of their Constitutional rights. If a man makes a contract he gives up the Constitutional right that previously he had to be free from the hamper that he puts upon himself."

Power Mfg. Co. v. Saunders, 274 US 490 (1927) (Holmes, J., dissenting)

"A judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end. Legislation on the other hand looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject to its power."

Prentis v. Atlantic Coast Line Co., 211 US 210 (1908) (Oliver Wendell Holmes Jr.)

The Fugitive Slave Act preempts state statutes that prevent freed slaves from being taken from a free state back to their owner in a slave state

Prigg v. Pennsylvania, 41 US 539 (1842) Holding

"Thus, if the First Amendment guarantee of freedom of speech and press is to mean anything in this field, it must allow protests even against the moral code that the standard of the day sets for the community. In other words, literature should not be suppressed merely because it offends the moral code of the censor."

Roth v. United States, 354 US 476 (1957) (Douglas, J., dissenting)

"Parliament can legally make a man into a woman."

Sir Ivor Jennings

A durational residency requirement is not presumptively unconstitutional if it is longer than 90 days (Please answer in Swedish)

Sjalvklart Inte

Frank Easterbrook

Statutes' Domains, 50 U. Chi. L. Rev. 533 (1983) Author

"The Constitution voices its disapproval whenever economic discrimination is applied under authority of law against any race, creed or color. A sound democracy cannot allow such discrimination to go unchallenged. Racism is far too virulent today to permit the slightest refusal, in the light of a Constitution that abhors it, to expose and condemn it wherever it appears in the course of a statutory interpretation."

Steele v. Louisville & Nashville R. Co., 323 US 192 (1944) (Murphy, J., concurring)

Against Segregation in America's Schools Author

Stephen Breyer

"The Constitution changes in several ways, not just one. It has been changed by textual amendments, the Article V way; but changes in constitutional understandings have also occurred as a result of popular movements that altered not a single word in the text. And constitutional change can be lead by judges, who produce new readings of the Constitution when they resolve particular disputes."

Sunstein, Making Amends, New Republic (March 3, 1997)

A work that examines the original understanding of the national security provisions of the constitution

Symposium, Foreign Affairs Law at the End of the Century, Part I: History of Foreign Affairs Law, 70 U. Colo. L. Rev. (1999)

A false arrest occurs when a plaintiff is maliciously taken into custody by a person who lacks probable cause to detain the plaintiff (Please answer in Spanish)

Sí

SEC registered offering

This item is a way a domestic issuer can release a debt offering in the United States

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a verified bill of costs electronically

Intent

This item is an element in an intentional tort claim

The Standing Rules

This item is a source of Senate Procedure

Unanimous consent orders

This item is a source of Senate Procedure

Exempt private placement

This item is a way a domestic issuer can also sell debt securities in the U.S. during the release of securities

SEC registered offering

This item is a way a domestic issuer can also sell debt securities in the U.S. during the release of securities

"Any act of a legislature which takes away any powers or franchises vested by its charter in a private corporation, or its corporate officers, or which restrains or controls the legitimate exercise of them, or transfers them to other persons without its assent is a violation of the obligations of that charter."

Trustees of Dartmouth College v. Woodward 17 US 518 (1819) (Joseph Story)

Deduct half of the dividends that it receives from other unrelated U.S. corporations

Under 26 U.S.C. 243, if a corporate U.S. holder receives dividends but does not meet applicable holding period requirements, it may not be able to do this item

Unfortunately, the 14th Amendment does not guarantee a right to an education (Please answer in Italian)

Vero

A presiding officer ruling on a point of order

Under the Standing Rules, this item may be appealed as long as other business has not intervened

Concluding that the appropriations act unconstitutionally intruded on POTUS' pardon power

United States v. Klein, 80 US 128 (1872) Holding

Granting an injunction under the Civil Rights Act of 1957 against a series of evasive maneuvers by the Macon County Board of Registrars to prevent African Americans from voting

United States v. Alabama, 192 F. Supp. 677 (M.D. Ala. 1961)

There are some funding program conditions that are so coercive that Congress cannot force states to comply with them (Please answer in Italian)

Vero

Flast v. Cohen is a general exception to the rule on taxpayer standing (Please answer in Italian)

Vero

Police can terminate a dangerous high speed chase that threatens bystanders even when doing so places the fleeing motorist at risk of serious injury or death (Please answer in Italian)

Vero

"The word "revolution" has of course acquired a subversive connotation in modern times. But it has roots that are eminently respectable in American history. This country is the product of revolution. Our very being emphasizes that when grievances pile high and there are no political remedies, the exercise of sovereign powers reverts to the people. Teaching and espousing revolution —as distinguished from indulging in overt acts— are therefore obviously within the range of the First Amendment."

WEB DuBois Clubs of America v. Clark, 389 US 309 (1967) (William Douglas)

"A man cannot justify a libel by proving that he has contracted to libel."

Weston v. Barnicoat 175 Mass. 454 (1900) (Oliver Wendell Holmes Jr.)

Frank Easterbrook

What Does Legislative History Tell Us?, 66 Chi-Kent L. Rev. 441 (1990) Author

Paul Rubin

Why Is the Common Law Efficient?, 6 J. Legal Stud. 51 (1977) Author

Concluding that production quotas under the Agricultural Adjustment Act of 1938 were constitutionally applied to agricultural production that was consumed purely intrastate because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause

Wickard v. Filburn, 317 US 111 (1942) Holding

"Congress cannot use the appropriations power o control a Presidential power that is beyond its direct control."

William Barr, The Appropriations Power and the Necessary and Proper Clause, 68 Wash. U.L.Q. 623 (1990)

S-corporations

With this item, the firm's profits and losses will pass through to its stockholders, who will report their portion of the profit or loss on their federal income tax return

Free Speech in the United States Author

Zechariah Chafee

"Indeed, a legal proscription cannot in any event constrict artistic creation. Man's drive for self-expression, which over the centuries has built his monuments, does not stay within set bounds; the creations which yesterday were the detested and the obscene become the classics of today. The quicksilver of creativity will not be solidified by legal pronouncement; it will necessarily flow into new and sometimes frightening fields. If, indeed, courts try to forbid new and exotic expression they will surely and fortunately fail. The new forms of expression, even though formally banned, will, as they always have, remain alive in man's consciousness. The court-made excommunication, if it is too wide or if it interferes with true creativity, will be rejected like incantations of forgotten witch-doctors. Courts must therefore move here with utmost caution; they tread in a field where a lack of restraint can only invite defeat and only impair man's most precious potentiality: his capacity for self-expression."

Zeitlin v. Arnebergh, 383 P. 2d 152 (1963) (Mathew Tobriner)

The 6th Amendment right to counsel applies to the plea negotiation process (Please answer in Hawaiian)

'Oia'i'o

Generally, the motor vehicle warrantless search exception does not apply to motor homes (Please answer in German)

Naturlich Nicht

Generally, there is a federal common law that is applied in diversity cases (Please answer in Polish)

Ozcywiscie, ze nie

When it comes to the volitional act requirement for an assault tort, a reflex action cannot satisfy the requirement. (Please answer in Portuguese)

Certamente

A work that argues that the Framer's views of war and peace, in their declared and undeclared forms, was derived from Grotius, Pufendorf, Vattel, and Burlamaqui

Charles Lofgren, War Making Under the Constitution: The Original Understanding, 81 Yale L.J. 672 (1972)

American Suffrage: From Property to Democracy, 1760-1860 (1960) Author

Chilton Williamson

A work discussing the language assistance provisions of the VRA

Brenda Fathy Abdelall, Note, Not Enough of a Minority?: Arab Americans and the Language Assistance Provisions (Section 203) of the Voting Rights Act, 38 U. Mich. J.L. Ref. (2005)

Issue research reports on subject companies

Brokerage firms must do this item on a timely and regular basis

Ensure that covered employees do not have the ability to trade in advance of or otherwise disadvantage investing clients relative to themselves or the firm

Brokerage firms must have policies and procedures that do this item

Implied preemption can occur when a state law impedes a critical objective in a federal statute (Please answer in Danish)

Selvfolgelig

A decision affecting a class of constitutional or state officers

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

Ensure that covered employees do not share information about the subject company with any person who could have the ability to trade in advance of or other otherwise disadvantage investing clients

Brokerage firms must have policies and procedures that do this item

Ensure that covered employees do not share information about the subject security with any person who could have the ability to trade in advance of or other otherwise disadvantage investing clients

Brokerage firms must have policies and procedures that do this item

Ensure that the immediate family members of covered employees do not have the ability to trade in advance of or otherwise disadvantage investing clients relative to themselves or the firm

Brokerage firms must have policies and procedures that do this item

Manage covered employees' personal investments

Brokerage firms must have policies and procedures that do this item

Cases where a federal court has certified and direct a question

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Amend. XXV § 2 (Presidential Succession)

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Amend. XXV § 3 (Presidential Succession)

The Congress shall have the power to enforce this article by appropriate legislation

Amend. XV § 2

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. The Congress shall have power to enforce this article by appropriate legislation.

Amend. XXVI

"Where...no emergency prevents consultation with Congress, judicial insistence upon that consultation does not weaken our Nation's ability to deal with danger."

Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (Breyer, J., concurring)

Appropriate disciplinary sanctions for covered employees, up to and including dismissal from the firm, for violations

Brokerage firms must have this item

Effective enforcement of their policies and compliance procedures to ensure research objectivity

Brokerage firms must have this item

Monitoring and audits for compliance procedure effectiveness

Brokerage firms must have this item

"Taken as a whole, the legislative history [of the Sherman Act] illuminates congressional concern with the protection of competition, not competitors, and its desire to restrain mergers only to the extent that such combinations may tend to lessen competition."

Brown Shoe Co. v. United States, 370 US 294 (1962)

States may not sentence a juvenile offender to life in prison without parole for an offense that does not involve homicide (Please answer in Portuguese)

Certamente

The dormant commerce clause applies to state laws that expressly discriminate against out of state residents (Please answer in Portuguese)

Certamente

The text of Article I Section 8 gives Congress the power to lay and collect taxes (Please answer in Portuguese)

Certamente

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Art. I, § 5, cl. 4 (Adjournment Clause)

"The Court...has recognized that the qualitative difference of death from all other punishments requires a correspondingly greater degree of scrutiny of the capital sentencing determination."

California v. Ramos, 463 US 992 (1983)

Officers can frisk the inside of a vehicle for weapons if the officer reasonably believes a person in the vehicle is dangerous and that the targeted person can quickly obtain a weapon (Please answer in Portuguese)

Certamente

"[It is] a small college...and yet there are those who love it"

Daniel Webster

A District Court of Appeal decision invaliding a state statute or constitutional provision

If this item is involved in a case before the Florida Supreme Court, the Court must hear the matter

IRS Form W-8

In private equity law, to claim the portfolio interest exemption for purchases of debt securities sold by U.S. holders, this item must be completed

CD rate notes

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

A work that examines the original understanding of the national security provisions of the constitution

Micheal Glennon, Constitutional Diplomacy

"It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. This Court has the power to prevent an experiment."

New State Ice Co. v. Liebmann, 285 US 262 (Louis Brandeis)

Under the First Amendment, a newspaper cannot be held liable for making false defamatory statements about the official conduct of a public official unless the statements were made with actual malice.

New York Times Co. v. Sullivan, 376 U.S. 254 (1964) Holding

Rejecting a First Amendment challenge to FEC mandated editorial fairness and response time regulations for broadcast radio stations

Red Lion Broadcasting Co. v. Federal Communications Commission, 395 U.S. 367 (1969) Holding

The American Supreme Court Author

Robert McCloskey

The Court and the World Author

Stephen Breyer

"It is at least a little peculiar that we are told that scrutiny of judicial philosophy is crucial to provide some democratic check on the Justices, but, at the same time, that the Court should not respond to political pressure or public protest."

Stephen Carter, The Confirmation Mess (1993)

Passions and Constraints Author

Stephen Holmes

Law and Jurisprudence in American History: Cases and Materials Author

Stephen Presser

Constitutional Politics in the Progressive Era Author

Stephen Wood

"When cattle are sent for sale from a place in one State, with the expectation that they will end their transit, after purchase, in another, and when in effect they do so, with only the interruption necessary to find a purchaser at the stock yards, and when this is a typical, constantly recurring course, the current thus existing is a current of commerce among the States, and the purchase of the cattle is a part and incident of such commerce."

Swift & Co. v. United States, 196 US 375 (1905)

Case number

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Case style

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Party names

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Don Fehrenbacher

The Slaveholding Republic: An Account of the United States Government's Relations to Slavery Author

The petition for which the appendix is served

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Case number

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Case style

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Judgment date

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

The reply for which the appendix is served

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

The response for which the appendix is served

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

A copy of the appealed judgment or order

Under the Florida Rules of Appellate Procedure, any filed appendix should contain this item

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for judgment alteration or amendment, this item is the case

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for judgment arrest, this item is the case

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for judgment vacation, this item is the case

Nuclear Waste Policy Act of 1982

This item created a process for the designation of permanent repositories for nuclear waste

Special procedures found in rule-making statutes

This item is a source of Senate Procedure

The death penalty cannot be imposed for raping a child who survives the rape (Please answer in Italian)

Vero

The general rule on taxpayer standing extends to challenges of executive expenditures of congressionally appropriated funds (Please answer in Italian)

Vero

A pocket veto can occur if POTUS is presented with a bill, does nothing after 10 days, and at the end of the 10 day period, Congress is still in session (Please answer in Hawaiian)

Wahahe'e

An action for false arrest can be brought if a plaintiff is not maliciously taken into custody (Please answer in Hawaiian)

Wahahe'e

Issue price

When it comes to debt instruments issued for money, this item is the first price at which a substantial amount of the debt instruments are sold to parties that are not persons acting in the capacity of wholesalers

Ends debate on the matter and kills the point of order

When it comes to points of order, a motion to table does this item

Certamente

When it comes to sample covariance, correlation can be induced by a calculation that mixes two variables with a third. (Please answer in Portuguese)

Sí

When it comes to sample covariance, correlation can be spurious. (Please answer in Spanish)

Claro que nao

When it comes to sample covariance, correlation can never arise from both the variances being directly related to a third variable. (Please answer in Portuguese)

The Fourteenth Amendment Author (the book not the actual amendment)

William Nelson

All the Laws But One Author

William Rehnquist

"It is an inadmissibly narrow conception of American constitutional law to confine it to the words of the Constitution and to disregard the gloss which life has written upon them."

Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) (Frankfurter, J., concurring)

Brest, Constitutional Citizenship, 34 Clev. St. L. Rev. (1986)

A work that argues that when political actors avoid making constitutional judgments out of a reliance on the Court's ability to resolve these questions, they "evade [their] own responsibility as citizens in a democratic polity."

The Secret Diary of Harold Ickes - The First Thousand Days, 1933-1936 (1953)

A work that documents FDR's proposals to force SCOTUS to provide advisory opinions on New Deal legislation

James Thayer, The Origin and Scope of the American Doctrine of Constitutional Law, 7 Harv. L. Rev. (1893)

A work that provides a classic account of judicial review as undemocratic and undercutting popular responsibility

The prerogative is "the residue of discretionary or arbitrary authority, which at any time is legally left in the hands of the Crown...Every act which the executive government can lawfully do without the authority of an Act of Parliament is done in virtue of this prerogative."

AV Dicey

Jack Balkin

Abortion and Original Meaning, 24 Const. Comm. (2007) Author

Political Freedom (1960) Author

Alexander Meiklejohn

The American Constitution (the book not the document) Author

Alfred Kelly, Wilfred Harbison and Herman Belz

Concluding that a sentencing enhancement based on a prior conviction is not subject to the Sixth Amendment requirement for a jury to determine the fact beyond a reasonable doubt

Almendarez-Torres v. United States, 523 US 224 (1998) Holding

"no State, without its Consent, shall be deprived of its equal Suffrage in the Senate"

Art. V (prohibition on amendment: equal suffrage in the Senate)

The Fourteenth Amendment does not guarantee the right to vote (Please answer in French)

Bien sur que non

The intent element for an intentional tort requires a finding of intent to harm or injure. (Please answer in French)

Bien sur que non

"Matters of "substance" and matters of "procedure" are much talked about in the books as though they defined a great divide cutting across the whole domain of law. But,.. [they] are the same key-words to very different problems. Neither...represents the same invariants. Each implies different variables depending upon the particular problem for which it is used...And the different problems are only distantly related at best, for the terms are in common use in connection with situations turning on such different considerations as those that are relevant to questions pertaining to ex post facto legislation, the impairment of the obligations of contract, the enforcement of federal rights in the State courts and the multitudinous phases of the conflict of laws."

Guaranty Trust Co. v. York, 326 US 99 (1945) (Felix Frankfurter)

Invalidating an Oklahoma constitutional amendment that employed a grandfather clause effective from January 1, 1866 as violative of the 15th Amendment

Guinn v. United States, 238 U.S. 347 (1915) Holding

"The true test of legality is whether the restraint imposed is such as merely regulates and perhaps thereby promotes competition or whether it is such as may suppress or even destroy competition. To determine that question the court must ordinarily consider the facts peculiar to the business to which the restraint is applied; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable. The history of the restraint, the evil believed to exist, the reason for adopting the particular remedy, the purpose or end sought to be attained, are all relevant facts. This is not because a good intention will save an otherwise objectionable regulation or the reverse; but because knowledge of intent may help the court to interpret facts and to predict consequences."

Board of Trade of Chicago v. United States, 246 US 231 (1918)

Record maintenance for internal audit results

Brokerage firms must have this item

Congress has authority to determine and establish the ways that lower state court decisions sustaining the constitutionality of a state statute may be challenged in SCOTUS (Please answer in Portuguese)

Certamente

Invocation of the 6th Amendment only protects the suspect from questions that are suspect to that are specific to the charged offense (Please answer in Portuguese)

Certamente

Officers are generally required to knock and announce their presence before entering a home and conducting a search (Please answer in Portuguese)

Certamente

Officers do not need to obtain a search warrant before requiring an individual to provide a voice sample (Please answer in Portuguese)

Certamente

Police must obtain a search warrant before seizing a cellphone and looking at the information on it (Please answer in Portuguese)

Certamente

Stale evidence cannot support a search warrant (Please answer in Portuguese)

Certamente

The death penalty cannot be imposed on individuals who were under 18 when they committed the offense in question (Please answer in Portuguese)

Certamente

The intent element in battery torts can require that the defendant act with a desire to cause a harmful or offensive touching. (Please answer in Portuguese)

Certamente

The intent required to win on a false imprisonment claim can be shown through motivation or knowledge (Please answer in Portuguese)

Certamente

To win on a battery claim, the claimant must show that the defendant's conduct either indirectly or directly caused the offensive contact (Please answer in Portuguese)

Certamente

A work that documents that registration of more African-American voters in the South five years after the passage of the Voting Rights Act than had occurred in the preceding fifty years

Chandler Davidson, The Voting Rights Act: A Brief history in Controversies in Minority Voting: The Voting Rights Act in Perspective (1992)

A work that argues in passing that the result in Carrington v. Rash flows from the structure of the constitution and the relationship among the federal government, states, and individual citizens

Charles Black, Structure and Relationship in Constitutional Law (1969)

Contract as Promise Author

Charles Fried

Saying What the Law Is Author

Charles Fried

"The very nature of executive decisions as to foreign policy is political, not judicial. Such decisions are wholly confided by our Constitution to the political departments of the government, Executive and Legislative."

Chicago & Southern Air Lines, Inc. v. Waterman SS Corp., 333 US 103 (1948) (Robert Jackson)

The American electorate in the late 18th century included 50-7 5 percent of adult white males compared to 20-25 percent in England

Chilton Williamson, American Suffrage: From Property to Democracy, 1760-1860 (1960) Claim

A work that argues that conceptions of self ownership over one's labor informed debates that drew distinctions between the permissible enfranchisement of African-American males and the disenfranchisement of convicted felons

Christopher M. Re & Richard M. Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, Yale L.J. (2012)

A work that provides an extensive treatment of the history of Section 2 of the 14th Amendment

Christopher M. Re & Richard M. Re, Voting and Vice: Criminal Disenfranchisement and the Reconstruction Amendments, Yale L.J. (2012)

A work that argues that the first felon disenfranchisement provision appeared in 1810 and was not followed by duplicates in many states until the 1860s. This work also provides comprehensive recent studies of offender disenfranchsiment

Christopher Uggen and Jeff Manza, Locked Out: Felon Disenfranchisment and American Democracy (2006)

A claim for intentional infliction of emotional distress does not require proof of actual damages (Please answer in Portuguese)

Claro que nao

A search warrant that is executed 20 days after it has been issued would not be considered stale (Please answer in Portuguese)

Claro que nao

Congress can commandeer a state legislature and obligate it to pass a law (Please answer in Portuguese)

Claro que nao

Congress cannot enact taxes that are only regulatory and have no revenue generating purpose (Please answer in Portuguese)

Claro que nao

Partnerships and corporations can exercise a privilege against self-incrimination (Please answer in Portuguese)

Claro que nao

State supreme courts cannot interpt their state constitutions to provide state citizens with more freedom on a given issue than SCOTUS cases allow (Please answer in Portuguese)

Claro que nao

States can prevent undocumented individuals from becoming probation officers, teachers, police officers, jurors, voters, and notary publics (Please answer in Portuguese)

Claro que nao

States may not kill convicted individuals on death row via lethal injection (Please answer in Portuguese)

Claro que nao

The death penalty can be imposed on individuals who are mentally disabled (Please answer in Portuguese)

Claro que nao

The transferred intent doctrine does not apply to false imprisonment claims (Please answer in Portuguese)

Claro que nao

When an individual is subject to a lawful arrest on a premise, officers may not conduct a safety-based protective sweep of the area (Please answer in Portuguese)

Claro que nao

"Because of the unique finality of the death penalty, its imposition must be the result of careful procedures and must survive close scrutiny on post-trial review."

Coleman v. Balkcom, 451 U.S. 949 (1981) (Marshall, J., dissenting)

"Where an article is published and circulated among voters for the sole purpose of giving what the defendant believes to be truthful information concerning a candidate for public office and for the purpose of enabling such voters to cast their ballot more intelligently, and the whole thing is done in good faith and without malice, the article is privileged, although the principal matters contained in the article may be untrue in fact and derogatory to the character of the plaintiff; and in such a case the burden is on the plaintiff to show actual malice in the publication of the article."

Coleman v. MacLennan, 78 Kan. 711 (1908) (Rousseau Burch)

William Blackstone

Commentaries on the Laws of England Author

"It is not sufficient to establish a probability, though a strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary, but the evidence must establish the truth of the fact to a reasonable and moral certainty."

Commonwealth v. Webster, 59 Mass. 295 (1850) (Lemuel Shaw)

"This case, involving legal requirements for the content and labeling of meat products such as frankfurters, affords a rare opportunity to explore simultaneously both parts of Bismarck's aphorism that "No man should see how laws or sausages are made."

Community Nutrition Institute v. Block, 749 F. 2d 50 (D.C. Cir. 1984) (Antonin Scalia)

Jonathan Macey

Competing Economic Views of the Constitution, 56 Geo. Wash. L. Rev. 50 (1987) Author

Naturlich

Congressional Budget Impoundment and Control Act of 1974 establishes a set of 'exceptional points of order' that require 60 votes to overturn the presiding officer or waive the act's requirements (Please answer in German)

"The general drift of authority and responsibility toward the President over the past two centuries is unmistakable. More threatening than this trend is executive activity cut loose from legislative moorings and constitutional restrictions - presidential action no longer tethered by law. To remain consistent with the Constitution, executive authority and administrative discretion should be directed and channeled by legislative policy"

Constitutional Conflicts between Congress and the President

"The degree of care demanded of a person by an occasion is the resultant of three factors: the likelihood that his conduct will injure others, taken with the seriousness of the injury if it happens, and balanced against the interest which he must sacrifice to avoid the risk. All these are practically not susceptible of any quantitative estimate, and the second two are generally not so, even theoretically. For this reason a solution always involves some preference, or choice between incommensurables, and it is consigned to a jury because their decision is thought most likely to accord with commonly accepted standards, real or fancied."

Conway v. O'Brien, 111 F. 2d 611 (2d Cir. 1940) (Learned Hand)

A work that documents legislative responsibility for control over the military in the post-revolutionary war period through control over appropriations, supply bill conditions, and the provision of military orders

Elias Huzar, The Purse and the Sword: Control of the Army by Congress Through Military Appropriations 1933-1950 (1950)

Native Americans cannot invoke the 15th Amendment's protection again st racial discrimination in voting because they are not citizens

Elk v. Wilkins, 112 U.S. 94 (1884) Holding

"Congress has no power to declare substantive rules of common law applicable in a State whether they be local in their nature or "general," be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts...in applying the doctrine this Court and the lower courts have invaded rights which in our opinion are reserved by the Constitution to the several States."

Erie R. Co. v. Tompkins, 304 US 64 (1938) (Louis Brandeis)

"Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. And whether the law of the State shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern. There is no federal general common law."

Erie R. Co. v. Tompkins, 304 US 64 (1938) (Louis Brandeis)

"The question for decision is whether the oft-challenged doctrine of Swift v. Tyson shall now be disapproved."

Erie R. Co. v. Tompkins, 304 US 64 (1938) (Louis Brandeis)

Washington v. Davis does not apply to challenges of facially neutral laws that are alleged to target a suspect class that is protected under the 14th Amendment's equal protection clause (Please answer in Italian)

Falso

When it comes to assault torts, menacing words can never constitute assault even if they give rise to a reasonable apprehension of harm. (Please answer in Italian)

Falso

When it comes to battery torts, contact cannot be harmful if it only causes indignity. (Please answer in Italian)

Falso

When it comes to false imprisonment claims, restraint for a brief period of time is not actionable. (Please answer in Italian)

Falso

Young children do not have the capacity to commit intentional torts. (Please answer in Italian)

Falso

"Is not punishment out of place, irregular, anomalous, exceptional, unjust, unscientific, not to say absurd and "ridiculous, when classed among civil remedies ? What kind of a civil remedy for the plaintiff is the punishment of the defendant? The idea is wrong. It is a monstrous heresy. It is an unsightly and an unhealthy excrescence,' deforming the symmetry of the body of the law."

Fay v. Parker, 53 NH 342 (1873)

BCRA's restriction on issue ads in the months preceding elections is constitutional only with respect to ads expressly advocating the election or defeat of a candidate

Federal Election Commission v. Wisconsin Right to Life, Inc., 551 U.S. 449 (2007) Holding

William Cary

Federalism and Corporate Law: Reflections Upon Delaware, 83 Yale L.J. 663 (1974) Author

"The most common and durable source of factions has been the various and unequal distribution of property. Those who hold and those who are without property have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated by different sentiments and views. The regulation of these various and interfering interests forms the principal task of modern legislation, and involves the spirit of party and faction in the necessary and ordinary operations of the government."

Federalist 10 (James Madison)

"The principle asserted is, that one legislature is competent to repeal any act which a former legislature was competent to pass; and that one legislature cannot abridge the powers of a succeeding legislature. The correctness of this principle, so far as respects general legislation, can never be controverted. But, if an act be done under a law, a succeeding legislature cannot undo it. The past cannot be recalled by the most absolute power. Conveyances have been made, those conveyances have vested legal estates, and, if those estates may be seized by the sovereign authority, still, that they originally vested is a fact, and cannot cease to be a fact. When, then, a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot devest those rights."

Fletcher v. Peck, 10 US 87 (1810) (John Marshall)

"It is said that the power here asserted is inherent in sovereignty. This doctrine of powers inherent in sovereignty is one both indefinite and dangerous. Where are the limits to such powers to be found, and by whom are they to be pronounced? Is it within legislative capacity to declare the limits? If so, then the mere assertion of an inherent power creates it, and despotism exists."

Fong Yue Ting v. United States, 149 US 698 (1893) (Brewer, J., dissenting)

The gain is taxed at a preferential rate

For a non-corporate U.S. holder, if the holder realizes a gain on the sale or disposition of common stock that it held for more than one year, this item describes the tax status of the gain

E Pluribus Unum: The Formation of the American Republic 1776-1790 (1965) Author

Forrest McDonald

Concluding that Louisiana's "open primary" statute which provided an opportunity to fill the offices of United States Senator and Representative during October (instead of November), without any action to be taken on federal election day violated 2 U. S. C. §§ 1 and 7

Foster v. Love, 522 US 67 (1997) Holding

Roberta Romano

Foundations of Corporate Law Author

Michael W. McConnell

Four Faces of Conservative Legal Thought, 34 L. Sch. Record 12 (1988) Author

A work that documents the adoption of voter registration systems in the United States to bar immigrants and ethnic minorities from the polls

Frances Piven and Richard Cloward, Why Americans Still Don't Vote (2000)

A work that argues that SCOTUS' election law cases can be read as adhering to a deliberative republican model of politics or a strategic liberal model of politics

Frank Michelman, Conceptions of Democracy in American Constitutional Argument: Voting Rights, 41 U. Fla. L. Rev. ( 1989)

Statutes that do not expressly apply to the President must be construed as not applying to the President, where applying the statute to the President would pose a significant question regarding the President's constitutional powers

Franklin v. Massachusetts, 505 U.S. 788 (1992)

Playing by the Rules Author

Frederick Schauer

Concluding that a federal law granting servicemen an automatic dependency allowance for their wives, but requiring serivcewomen to demonstrate that their husbands were dependents violated the 5th Amendment's Due Process Clause

Frontiero v. Richardson, 411 US 677 (Justice Brennan Opinion Conclusion)

Concluding that a state legislature may not impose a federal unconstitutional condition on a privilege that it may otherwise deny

Frost & Frost Trucking Co. v. Railroad Comm'n of Cal., 271 US 583 (1926) Holding

"Verdict can be directed only where there is no substantial evidence to support recovery by the party against whom it is directed or where the evidence is all against him or so overwhelmingly so as to leave no room to doubt what the fact is...Verdict may be set aside and new trial granted, when the verdict is contrary to the clear weight of the evidence, or whenever in the exercise of a sound discretion the trial judge thinks this action necessary to prevent a miscarriage of justice."

Garrison v. United States, 62 F. 2d 41 (4th Cir. 1932)

Voters have no right to cast an absentee ballot

Griffin v. Roupas, 385 F. 3d 1128 (7th Cir. 2004)

"In attempts to construe the constitution, I have never found much benefit resulting from the inquiry, whether the whole, or any part of it, is to be construed strictly, or literally. The simple, classical, precise, yet comprehensive language, in which it is couched, leaves, at most, but very little latitude for construction; and when its intent and meaning is discovered, nothing remains but to execute the will of those who made it, in the best manner to effect the purposes intended. The great and paramount purpose, was to unite this mass of wealth and power, for the protection of the humblest individual; his rights, civil and political, his interests and prosperity, are the sole end; the rest are nothing but the means."

Gibbons v. Ogden, 22 US 1 (1824) (William Johnson)

Rejecting a 15th Amendment challenge to a pattern and practice of systemic African-American disenfranchisement in Alabama on the grounds that the court lacked the power to enforce an invalidation order and that invalidation would make "the court a party to the unlawful scheme"

Giles v. Harris, 189 U.S. 475 (1903) Holding

Declining view of an Alabama 15th Amendment case because the lower court lacked the power to grant relief under the rule announced in Giles v. Harris, 189 U.S. 475 (1903) and the lower opinion contained an AISG barring review

Giles v. Teasley, 193 US 146 (1904) Holding

"The First Amendment guarantees liberty of human expression in order to preserve in our Nation what Mr. Justice Holmes called a "free trade in ideas." To that end, the Constitution protects more than just a man's freedom to say or write or publish what he wants. It secures as well the liberty of each man to decide for himself what he will read and to what he will listen. The Constitution guarantees, in short, a society of free choice."

Ginsberg v. New York, 390 US 629 (1968) (Stewart, J., concurring)

"Censorship reflects a society's lack of confidence in itself. It is a hallmark of an authoritarian regime. Long ago those who wrote our First Amendment charted a different course. They believed a society can be truly strong only when it is truly free. In the realm of expression they put their faith, for better or for worse, in the enlightened choice of the people, free from the interference of a policeman's intrusive thumb or a judge's heavy hand. So it is that the Constitution protects coarse expression as well as refined, and vulgarity no less than elegance."

Ginzburg v. United States, 383 US 463 (1966)

"What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification."

Griggs v. Duke Power Co., 401 US 424 (1971)

"The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy."

Griswold v. Connecticut, 381 US 479 (1965)

Upholding state law and municipal charter provisions permitting non -resident property owners to vote in municipal elections in Savannah Beach, Georgia under rational basis review where nonresident voters were limited to those who owned property in Savannah Beach and who resided in Chatham County

Glisson v. Mayor and Councilmen of Savannah Beach, 346 F.2d 135 (5th Cir. 1965) Holding

"It may be realistic today to regard welfare entitlements as more like "property" than a "gratuity." Much of the existing wealth in this country takes the form of rights that do not fall within traditional common-law concepts of property."

Goldberg v. Kelly, 397 US 254 (1970) (William Brennan)

"The injustice, as well as the absurdity of [federal courts] deciding- by one rule, and [state courts] by auolher, would be too monstrous to find a place in any system of government."

Golden v. Prince, 10 F. Cas. 542 (C.C.D. Pa. 1814) (Bushrod Washington)

"We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."

Griswold v. Connecticut, 381 US 479 (1965) (William Douglas)

"Should a mature and sophisticated reading public be kept in blinders because a government official thinks reading certain works of power and literary value is not good for it? We agree with the court below in believing and holding that definitions of obscenity consistent with modern intellectual standards and morals neither require nor permit such a restriction."

Grove Press, Inc. v. Christenberry, 276 F. 2d 433 (2d Cir. 1960) (Charles Clark)

Invalidating an Alabama statute that created at 28 sided district in Tuskegee, Alabama to disenfranchise African-American votes as violative of the 15th Amendment

Gomillion v. Lightfoot, 364 U.S. 339 (1960) Holding

"Censorship of erotica is pretty ridiculous too. What kind of people make a career of checking to see whether the covering of a woman's nipples is fully opaque, as the statute requires?...Many of us do not admire busybodies who want to bring the force of law down on the heads of adults whose harmless private pleasures the busybodies find revolting."

Miller v. Civil City of South Bend, 904 F. 2d 1081 (7th Cir. 1990) (Posner, J., concurring)

Rejecting the contention that AS 15.15.360 mandates that misspelled write-in ballots cast for a candidate not be counted

Miller v. Treadwell, 245 P.3d 867 (Alaska 2010) Holding

Dismissing a 15th Amendment challenge to South Carolina elections laws because the case was moot

Mills v. Green, 159 U.S. 651 (1895)

Final orders of Circuit Courts acting in their appellate capacity

If this item is involved in a case before the Florida District Court of Appeal, the Court has discretion to hear to matter

Discretionary

In the Florida Supreme Court, jurisdiction over original proceedings is this item

Commentaries on American Law Author

James Kent

"If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully."

MacPherson v. Buick Motor Co.,217 N.Y. 382 (1916) (Benjamin Cardozo)

Making Civil Rights Law Author

Mark Tushnet

The Records of the Federal Convention of 1787 (1937) Author

Max Farrand

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for judgment alternation or amendment, this item occurs

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for summary judgment, this item occurs

Notify the relevant appellate court within 10 days of the change

Under the Hawaii Rules of Appellate Procedure, in the event that an attorney litigating before the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court changes her or his mailing address, she or he must do this item

The date that the appealed judgment or order is entered

Under the Hawaii Rules of Appellate Procedure, the 30 day deadline for filing the appeal notice runs from this item

"Legislation should not be read in such a decimating spirit unless the letter of Congress is inexorable. We are reminded from time to time that in enacting legislation Congress is not engaged in a scientific process which takes account of every contingency. Its laws are not to be read as though every i has to be dotted and every t crossed."

United States ex rel. Knauff v. Shaughnessy, 338 US 537 (1950)

A case involving a famous Sedition act prosecution

United States v. Callender, 25 F. Cas. 632 (C.C.D. Pa. 1800)

"The words which are criticized as dirty are old Saxon words known to almost all men and, I venture, to many women, and are such words as would be naturally and habitually used, I believe, by the types of folk whose life, physical and mental, Joyce is seeking to describe. In respect of the recurrent emergence of the theme of sex in the minds of his characters, it must always be remembered that his locale was Celtic and his season spring."

United States v. One Book Called" Ulysses", 5 F. Supp. 182 (S.D.N.Y. 1933) (John Woolsey)

"Whether a particular book would tend to excite such impulses and thoughts must be tested by the court's opinion as to its effect on a person with average sex instincts — what the French would call l'homme moyen sensuel — who plays, in this branch of legal inquiry, the same role of hypothetical reagent as does the "reasonable man" in the law of torts and "the man learned in the art" on questions of invention in patent law."

United States v. One Book Called" Ulysses", 5 F. Supp. 182 (S.D.N.Y. 1933) (John Woolsey)

"this concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution...It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties...which makes the defense of the Nation worthwhile.

United States v. Robel (1968)

The Constitution permits Congress to provide for the application of subsequently enacted state criminal laws in federal enclaves as a basis for federal prosecution

United States v. Sharpnack, 355 U.S. 286 (1958) Holding

"No prosecution is tried with flawless perfection; if every slip is to result in reversal we shall never succeed in enforcing the criminal law at all."

United States v. Sherman, 171 F. 2d 619 (2d Cir. 1948) (Learned Hand)

While we would not join in a strained construction of the Constitution to create captious...or trivial obstacles or delays to solution of this problem, we cannot sanction sending aliens to prison except upon compliance with constitutional procedures. We can afford no liberties with liberty itself."

United States v. Spector, 343 US 169 (Jackson, J., dissenting)

"While a warning that the indigent may have counsel appointed need not be given to the person who is known to have an attorney or is known to have ample funds to secure one, the expedient of giving a warning is too simple and the rights involved too important to engage in ex post facto inquiries into financial ability when there is any doubt at all on that score."

Miranda v. Arizona, 384 US 436 (1966)

Section 1979 of [of 42 U.S.C.] should be read against the background of tort liability that makes a man responsible for the natural consequences of his actions.

Monroe v. Pape, 365 US 167 (1961)

The Spirit of Laws Author

Montesquieu

A work that provided a theoretical challenge to the federative power description offered by Locke by treating the judiciary as a branch separate from the executive

Montesquieu, The Spirit of Laws

The Transformation of American Law Author

Morton Horwitz

"All property in this country is held under the implied obligation that the owner's use of it shall not be injurious to the community."

Mugler v. Kansas, 123 US 623 (1887) (John Harlan)

In a majority of states, if a state court concludes that the state has a significant interest in the dispute, it can apply the law of the state even if the claimant's firm is incorporated in another state (Please answer in Estonian)

Muidugi

The doctrine of corporation by estoppel prevents an entity that had prior dealings with a defective corporation from denying that corporation's existence in a later suit that is brought gains the entity (Please answer in Estonian)

Muidugi

When it comes to the choice of law in contracts cases, if the contract does not have a choice of law clause, under the First Restatement, a court will use the law of the place where the contract was made (Please answer in Estonian)

Muidugi

SCOTUS has original and discretionary jurisdiction over cases that involve ambassadors, public ministers, and consults (Please answer in German)

Naturlich

Search warrants are not required for automobile searches or searches incident to lawful arrest (Please answer in German)

Naturlich

The 13th Amendment applies to public and private action (Please answer in German)

Naturlich

When it comes to false imprisonment, proof of actual damages is not required to recover. (Please answer in German)

Naturlich

Bail is not excessive when the conditions of release for an accused exceed those that are reasonably calculated to fulfill a compelling interest (Please answer in German)

Naturlich Nicht

Congress cannot approve of interstate compacts before their formation (Please answer in German)

Naturlich Nicht

Congress has declared war more than ten times in the history of the country (Please answer in German)

Naturlich Nicht

Generally, courts can consider the reasonableness or sincerity of an individual's professed religious beliefs (Please answer in German)

Naturlich Nicht

Generally, hotel managers have the authority to permit officers to enter the room of a guest when the officer does not have a warrant to enter the room (Please answer in German)

Naturlich Nicht

SCOTUS does not have original and discretionary jurisdiction over cases that involve a dispute between the US and a state (Please answer in German)

Naturlich Nicht

To win on a claim for intentional infliction of emotional distress, a claimant must prove that physical suffering resulted from the emotional distress (Please answer in German)

Naturlich Nicht

Vehicle passengers have standing to raise 4th Amendment search and seizure clause claims regarding goods that are taken from the car even if they do not own the car or the goods (Please answer in German)

Naturlich Nicht

A Bivens action can be brought under the 5th Amendment (Please answer in Danish)

Naturligvis ikke

When it comes to false imprisonment claims, intent can be shown from motivation. (Please answer in Dutch)

Natuurlijk

A defendant does not have sufficient intent to ground an action in intentional tort if the defendant knows that the consequences are substantially certain to result from the action in question (Please answer in Dutch)

Natuurlijk Niet

Congress can abrogate 11th Amendment immunity with a statute that unambiguously eliminates immunity under a constitutional warrant that pre-dates the amendment (Please answer in Dutch)

Natuurlijk Niet

Do not think of Article VI as providing a rule on conflict of laws (Please answer in Dutch)

Natuurlijk Niet

Federal judges do not severe for good behavior (Please answer in Dutch)

Natuurlijk Niet

Generally, states can require abortion providers to have hospital admitting privileges even if the requirement does not benefit patients (Please answer in Dutch)

Natuurlijk Niet

If a scenario is in Youngstown 3, the challenged action is likely to be upheld (Please answer in Dutch)

Natuurlijk Niet

If a suspect's right to a speedy trial was violated, her or his lawyer cannot raise that claim by filing a motion to dismiss the charges (Please answer in Dutch)

Natuurlijk Niet

In proving intent for an intentional tort, a party must show that the tortfeasor had a wrongful motive or the intent to harm instead of just intent to bring about some mental or physical result to another person (Please answer in Dutch)

Natuurlijk Niet

Miranda applies during a Terry stop (Please answer in Dutch)

Natuurlijk Niet

Officers who request a warrant need not provide an oath or affirmation (Please answer in Dutch)

Natuurlijk Niet

SCOTUS decided Naim v Naim on the merits (Please answer in Serbo-Croatian)

Ne

"In the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defense and international affairs may lie in an enlightened citizenry -- in an informed and critical public opinion which alone can here protect the values of democratic government."

New York Times Co. v. United States, 403 U.S. 713, 728 (1971) (Stewart, J., concurring and White, J.,)

"Traditional democratic theory suggests that the court interpreting a statute must act as the faithful agent of the legislature's intent."

Nicholas Zeppos, Legislative History and the Interpretation of Statutes: Toward a Fact-Finding Model of Statutory Interpretation, 76 Va. L. Rev. 1295 (1990)

When it comes to the volitional act requirement for an assault tort, a seizure can satisfy the requirement. (Please answer in Spanish)

No

"The main qualifications which are necessary. The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client."

United States v. United Shoe Machinery Corporation, 89 F. Supp. 357 (D. Mass. 1950)

"We do not impute to Congress an intent to pass legislation that is inconsistent with the Constitution as construed by this Court."

United States v. X-Citement Video, Inc., 513 US 64 (1994) (William Rehnquist)

Permitting institutions of higher education to consider race or ethnic background as a "plus" in a particular applicant's file but rejecting admissions schemes that rely on racial quotas as violative of the 14th Amendment's Equal Protection Clause

University of California Regents v. Bakke, 438 US 265 (1978)

Point of order

Unless the Presiding Officer allows it, the Senate is not operating under a consent order, and the Senate is not operating under a statutory provision that bars debate on this item, this item is not debatable

U.S. Department of Justice

Using and Misusing Legislative History: A Reevaluation of the Status of Legislative History in Statutory Interpretation (1989) Author

"The common law of England is not to be taken in all respects to be that of America. Our ancestors brought with them its general principles, and claimed it as their birthright; but they brought with them and adopted only that portion which was applicable to their situation."

Van Ness v. Pacard, 27 US 137 (1829)

"Free competition is worth more to society than it costs."

Vegelahn v. Guntner, 167 Mass. 92 (1896)

A claimant cannot win on a false imprisonment claim if she or he was unconscious or asleep during the entire duration of the confinement and suffered no pecuniary injury from the confinement (Please answer in Italian)

Vero

A malicious prosecution claim can only be brought if the prior action in question was terminated on the merits for the plaintiff (Please answer in Italian)

Vero

After withdrawing, police can re-approach a suspect who invokes her or his 6th Amendment rights (Please answer in Italian)

Vero

An officer can frisk an individual during a Terry stop if she or he reasonably believes that her safety or the safety of others is in danger because of the potential presence of a weapon (Please answer in Italian)

Vero

Article III empowers Congress to create some federal courts that are inferior to SCOTUS (Please answer in Italian)

Vero

Congress cannot tax the exports of any state (Please answer in Italian)

Vero

Federal police can stop an individual at the US side of an international border and search her or his luggage without a warrant (Please answer in Italian)

Vero

The Speech and Debate clause does not protect conduct that occurred after leaving office (Please answer in Italian)

Vero

The Speech and Debate clause protects staffers (Please answer in Italian)

Vero

The parties to a trial can be exempt from witness sequestration (Please answer in Italian)

Vero

Clarence Thomas

Victims and Heroes in the Benevolent State, 19 Harv. J.L. & Pub. Pol'y 671 (1996) Author

An officer cannot enter a vehicle to check the vehicle ID number after conducting a traffic stop violation (Please answer in Hawaiian)

Wahahe'e

Colorado River abstention cannot apply in cases where there are both federal and state proceedings that involve the same parties and issues (Please answer in Hawaiian)

Wahahe'e

Content based regulations in public forums are not subject to strict scrutiny (Please answer in Hawaiian)

Wahahe'e

During an impeachment trial for a federal judge, the entire Senate, rather than a committee, must hear evidence on the matter (Please answer in Hawaiian)

Wahahe'e

Federal judges can give advisory opinions (Please answer in Hawaiian)

Wahahe'e

Generally courts cannot take judicial notice of foreign law (Please answer in Hawaiian)

Wahahe'e

Mathews v. Eldridge does not set out the test that is used to determine what procedures the government must provide to an individual when it attempts to deny an individual life, liberty, or property (Please answer in Hawaiian)

Wahahe'e

Officers cannot conduct Terry stops (ie. temporary detentions where the officer has reasonable suspicion that the individual is engaging in, or is about to engage in, criminal activity) (Please answer in Hawaiian)

Wahahe'e

Officers cannot conduct a warrantless search after receiving consent if the individual was not told that she or he has a right to refuse beforehand (Please answer in Hawaiian)

Wahahe'e

Other than injury, causation, and redressability, there is another element to standing analysis (Please answer in Hawaiian)

Wahahe'e

Proof of physical harm is required to recover for battery (Please answer in Hawaiian)

Wahahe'e

States violate the Due Process Clause when they increase the number and severity of criminal charges against an individual in response to that individual's failure to accept a plea bargain (Please answer in Hawaiian)

Wahahe'e

The 6th Amendment right to counsel does not apply to the guilty plea entering process (Please answer in Hawaiian)

Wahahe'e

When using the government interest test to decide the law to apply, a court should not inquire into the policies expressed in the laws at issue (Please answer in Hawaiian)

Wahahe'e

Younger abstention does not reach cases where action by a federal court would threaten a state interest in a smoothly functioning criminal or civil enforcement system (Please answer in Hawaiian)

Wahahe'e

"But, the Supreme Court, to our knowledge, has only under very special circumstances held that a court lacks the power to review a claim that an agency action violates a specific statute or the Constitution. Where, for example, the very act of judicial review risks an impermissible interference with the exercise of a power — say, the foreign affairs power — for which the Constitution makes the Executive Branch of government primarily responsible, the Court has found the agency action "committed to agency discretion."

Ward v. Skinner, 943 F. 2d 157 (1st Cir. 1991) (Stephen Breyer)

If letters and private documents can...be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring [a person's] right to be secure against such searches and seizures is of no value, and...might as well be stricken from the Constitution."

Weeks v. United States, 232 US 383 (1914) (William Day)

"Just what our forefathers did envision, or would have envisioned had they foreseen modern conditions, must be divined from materials almost as enigmatic as the dreams Joseph was called upon to interpret for Pharaoh. A century and a half of partisan debate and scholarly speculation yields no net result but only supplies more or less apt quotations from respected sources on each side of any question."

Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) (Jackson, J., concurring)

"Presidential powers are not fixed but fluctuate, depending upon their disjunction or conjunction with those of Congress....1. When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate. In these circumstances...may [she or] he be said...to personify the federal sovereignty."

Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) (Jackson, J., concurring)

A corporation's internal affairs are governed by the law of the state of incorporation (Please answer in Lithuanian)

Zinoma

"To approve legally what we disapprove morally, on the ground of practical convenience, is to yield to a short-sighted view of practicality...Nor are the needs of an effective penal code seen in the truest perspective by talk about a criminal prosecution's not being a game in which the Government loses because its officers have not played according to rule. Of course criminal prosecution is more than a game. But in any event it should not be deemed to be a dirty game in which "the dirty business" of criminals is outwitted by "the dirty business" of law officers. The contrast between morality professed by society and immorality practiced on its behalf makes for contempt of law. Respect for law cannot be turned off and on as though it were a hot-water faucet."

On Lee v. United States, 343 US 747 (Frankfurter, J., dissenting)

Sanford Levinson

Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It) (2006) Author

"A negotiable bill or note is a courier without luggage"

Overton v. Tyler, 3 Pa. 346 (1846)

"An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."

Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992)

Rejecting a 14th Amendment equal protection challenge to a Louisiana statute mandating separate but equal provision of private services

Plessy v. Ferguson, 163 U.S. 537 (1896) Holding

"But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful. The law regards man as man, and takes no account of his surroundings or of his color when his civil rights as guaranteed by the supreme law of the land are involved."

Plessy v. Ferguson, 163 US 537 (1896) (Harlan, J., dissenting)

"The destinies of the two races, in this country, are indissolubly linked together, and the interests of both require that the common government of all shall not permit the seeds of race hate to be planted under the sanction of law. What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens?"

Plessy v. Ferguson, 163 US 537 (1896) (Harlan, J., dissenting)

"The law spoke too softly to be heard amidst the din of arms"

Plutarch, Lives: Caius Marius

"Standards of prudent conduct are declared at times by courts, but they are taken over from the facts of life."

Pokora v. Wabash R. Co., 292 US 98 (1934) (Benjamin Cardozo)

"The Louisiana Constitution contains 443 sections, as against 56 sections in the United States Constitution, and is the longest and the most detailed of all state constitutions. The printed copy published by the State, unannotated, contains 600 pages, not counting an index of 140 pages. The evidence clearly demonstrates great abuses in the selection of sections of the constitutions to be interpreted. Some registrars have favorite sections which they apparently use regardless of an applicant's race. Some open a volume containing the United States and Louisiana Constitutions and, like soothsayers seeking divine help from the random flight of birds, require an applicant to interpret the section on the page where the book opens. The Segregation Committee distributed to registrars sets of twenty-four cards, each containing three sections of the Constitution with instructions that they be used in administering the interpretation test."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"Leaders still assumed political office as their right and instructed the people as their duty"

Robert Wiebe, Self-Rule: A Cultural History of American Democracy (1995)

The Critical Legal Studies Movement Author

Roberto Unger

"Marshall, at least in Marbury, explicitly endorses judicial review, but he is silent on the legitimacy of legislative review and the relation between the two, and it is likely that he did not see them in conflict. It is at least a possible reading of Marbury that Marshall decided that the courts must consult the Constitution when deciding what ordinary law is - that being the special province of the judiciary - just as the legislator must consult the Constitution when deciding what the ordinary law shall be - that, after all, being the province of the legislator."

Robin West, Tom Paine's Constitution, 89 Va. L. Rev. 1413 (2003)

"Even one day in prison would be a cruel and unusual punishment for the "crime" of having a common cold."

Robinson v. California, 370 US 660 (1962) (Potter Stewart)

"If the defendants were at fault in leaving an uncovered hole in the sidewalk of a public street, the intoxication of the plaintiff cannot excuse such gross negligence. A drunken man is as much entitled to a safe street, as a sober one, and much more in need of it."

Robinson v. Pioche, Bayerque & Co. 5 Cal. 460 (1855) (Solomon Heydenfeldt)

"(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health."

Roe v. Wade, 410 US 113 (1973)

"We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation."

Roe v. Wade, 410 US 113 (1973)

Invalidating a state constitutional amendment that prevented any of the state's branches or departments, agencies, political subdivisions, municipalities or school districts from adopting or enforcing any statute, regulation, ordinance or policy that allowed LGBTQ individuals from claiming any minority status, quota preference, or protected status as violative of the Fourteenth Amendment's Equal Protection Clause

Romer v. Evans, 517 U.S. 620 (1996) Holding

A Matter of Principle Author

Ronald Dworkin

Freedom's Law Author

Ronald Dworkin

Law's Empire Author

Ronald Dworkin

Taking Rights Seriously Author

Ronald Dworkin

A work that argues that judges are full-fledged coauthors of chain novels with the legislature being solely responsible for only the first chapter

Ronald Dworkin, Law as Interpretation, 60 Tex. L. Rev. (1982)

On What the Constitution Means Author

Sotirios Barber

Generally, oral proxies are valid for shareholder voting at corporate meetings (Please answer in Turkish)

Tabiki hayir

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a supplemental brief electronically

Henry Friendly

The Historic Basis of Diversity Jurisdiction, 41 Harv. L. Rev. 483 (1928) Author

Gerald Rosenberg

The Hollow Hope: Can Courts Bring about Social Change? (1991) Author

Niccolò Machiavelli

The Prince Author

Robert Bork

The Tempting of America

Fixed rate debt with maturities between 2-5 years as well as floating rate, zero coupon, and dual or multi-currency debt

These items can be released under a Rule 144A registered or medium-term note program

IRS Form 8832

This item allows a firm to elect to be treated as a C corporation or an S corporation

Correlation Coefficient

This item can range between -1 and +1

Anticipatory point of order

This item cannot be asserted on the Senate floor

Point of order

This item cannot be raised until a Senator is recognized

Powers that are residual

This item describes the Crown's prerogative power in England

Generally stock ownership must be limited to U.S. citizens or residents

This item is a condition that a firm must satisfy to be classified as an S-corporation

Have no more than 100 shareholders

This item is a condition that a firm must satisfy to be classified as an S-corporation

Reorganization Act of 1939

This item is a rule making statute

Causation

This item is an element in an intentional tort claim

Volitional Act

This item is an element in an intentional tort claim

Sole proprietorship

This item is an entity with a single owner that is generally ignored for federal income tax purposes even though it is a separate legal entity for state law purposes

Partners in a partnership

This item is subject to self-employment tax

Covariance

This item is symmetric

"I certify that the foregoing document has been furnished to (counsel name, service address, and mailing addresses) by method of service on ...(date of service)

This item is the Florida Service Certificate

All five Justices must be present

This item is the quorum requirement for en banc hearings before the Delaware Supreme Court

Owner of the sole proprietorship

This item is treated as the owner of the firm's assets and liabilities for tax purposes and will report the firm's income and expenses on her or his own federal income tax return

"Adjudication should and must be result-oriented."

Thomas Grey, Holmes and Legal Pragmatism, 41 Stan. L. Rev. 787 (1989)

Leviathan Author

Thomas Hobbes

"The States are not free, under the guise of protecting maternal health or potential life, to intimidate women into continuing pregnancies."

Thornburgh v. American College of Obstetricians and Gynecologists, 476 US 747 (1986)

Mistake is not a valid defense to a trespass claim (Please answer in Finnish)

Tietysti

Necessity and consent are valid defenses in a trespass action (Please answer in Finnish)

Tietysti

The Erie doctrine applies to choice of law rules (Please answer in Finnish)

Tietysti

"The censor's sword pierces deeply into the heart of free expression."

Times Film Corp. v. Chicago, 365 US 43 (1961) (Warren, C.J., dissenting)

Covariance

To calculate the correlation coefficient, start with this item

Standing Rule XXII

To end debate on a rules change resolution, this item requires an affirmative vote of 2/3rds of all members present and voting

Robin West

Tom Paine's Constitution, 89 Va. L. Rev. 1413 (2003) Author

"If liability for negligence exists, a thoughtless slip or blunder, the failure to detect a theft or forgery beneath the cover of deceptive entries, may expose accountants to a liability in an indeterminate amount for an indeterminate time to an indeterminate class. The hazards of a business conducted on these terms are so extreme as to enkindle doubt whether a flaw may not exist in the implication of a duty that exposes to these consequences."

Ultramares Corporation v. Touche 255 NY 170 (1931) (Benjamin Cardozo)

21%

Under 26 U.S.C. 243, if a corporate U.S. holder receives dividends but does not qualify for a 50% deduction, this item is the tax rate on the dividends

Deduct half of the dividends that it receives from other unrelated U.S. corporations

Under 26 U.S.C. 243, if a corporate U.S. holder receives dividends but hedged its stock investment, it may not be able to do this item

Deduct half of the dividends that it receives from other unrelated U.S. corporations

Under 26 U.S.C. 243, if a corporate U.S. holder receives dividends, it may be able to do this item

Dismiss the appeal

Under Hawaii Rule of Appellate Procedure Rule 3, if a party failed to follow the process prescribed in the Rule, the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court can do this

The presiding officer concludes that the defense is a sham

Under Senate Rule XVI, if germaneness is raised as a defense to a point of order that an amendment constitutes legislation on an appropriations bill, the question will not be submitted to the Senate if this item occurs

Language that is not legally binding

Under Senate Rule XVI, issues of germaneness on appropriations bills will not be submitted to the Senate when the amendment involves this item

Cloture is invoked on the underlying proposition

Under Senate Rule XX, once a point of order involving a constitutional question has been submitted to the entire Senate, it is debatable until this item occurs

One day notice in writing

Under Standing Rule V, before changes to the Standing Rules can be made, this item must be provided

Filing a notice that provides the new attorney's name, mailing address, telephone number, fax number, email address, and bar identification number

Under Texas Rule of Appellate Procedure 25, a litigant may designate a new lead counsel by doing this item

Each party's lead counsel on appeal; each unrepresented party; and each party's lead counsel in the trial court if an attorney represented the party in that venue even if appellate counsel for that party has not yet been designated, and the trial court lawyer has not yet filed a non-representation notice or withdrawn from the case

Under Texas Rule of Appellate Procedure 25, all notices, document copies, and communications filed in an appellate matter must be sent to these individuals

Invokes the appellate court's jurisdiction over all parties to the trial court's judgment or order appealed from

Under Texas Rule of Appellate Procedure 25, filing the notice does this

File a notice of appeal

Under Texas Rule of Appellate Procedure 25, if a litigant seeks to alter the trial court's judgment or another appealable order, she, he, or it must do this

Dismiss the appeal

Under Texas Rule of Appellate Procedure Rule 25, if a party failed to follow the process prescribed in the Rule, the Texas Court of Appeals or Texas Supreme Court can do this

Appellate Jurisdiction

Under Texas Rule of Appellate Procedure Rule 25, if a party failed to follow the process prescribed in the Rule, the Texas Court of Appeals or Texas Supreme Court still does not lose this

Ten days of service of the appellant's appeal notice or thirty days of the rendition of the disputed order

Under the Florida Rules of Appellate Procedure, an appellee should file a notice of cross-appeal within the earlier of either of these two items

Appellate court title

Under the Florida Rules of Appellate Procedure, any filed appendix cover sheet should contain this item

Index

Under the Florida Rules of Appellate Procedure, any filed appendix should contain this item

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for a new trial, this item is the case

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for certification, this item is the case

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for clarification, this item is the case

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for rehearing, this item is the case

File the applicable filing fee along with an appropriate notice no later than the latest of fifteen days after the appeal notice is served; the deadline for filing the appeal notice; or the thirty day deadline for filing a discretionary review, agency, or Corrections Department challenge petition

Under the Florida Rules of Appellate Procedure, if an attorney in a case currently in the Florida Supreme Court or one of the various Florida District Courts of Appeal needs switch sides from appellant to appellee or vice versa, she or he must do this item

Submit a motion stating the reasons for withdrawal and the client's address.

Under the Florida Rules of Appellate Procedure, if an attorney in a case currently in the Florida Supreme Court or one of the various Florida District Courts of Appeal needs to withdraw from a matter, as is the case in Texas, she or he must do this item

The service requirements of Florida Rule of Appellate Procedure 9.420

Under the Florida Rules of Appellate Procedure, if an individual registers with an authorized electronic filing system approved by the Florida Supreme Court and serves the document via email, she or he has satisfied this item

Transfer the case to the correct court

Under the Florida Rules of Appellate Procedure, if the appeal notice filed in the wrong court, the clerk will do this item

The date that the appealed judgment or order is entered

Under the Florida Rules of Appellate Procedure, the 30 day deadline for filing the appeal notice runs from this item

The decision is handed down

Under the Florida Rules of Appellate Procedure, the decision of an appellate court becomes binding on the parties to the litigation and the lower court once this item occurs

Filing the appeal notice

Under the Florida Rules of Appellate Procedure, the five day mail rule does not apply to this item

Within thirty days of the disputed judgment or order's entrance

Under the Florida Rules of Appellate Procedure, this is the time deadline for filing a notice of appeal

Appendix

Under the Florida Rules of Appellate Procedure, this item can be served with any brief

Appendix

Under the Florida Rules of Appellate Procedure, this item can be served with any motion

Appendix

Under the Florida Rules of Appellate Procedure, this item can be served with any petition

A case that involves a restraining order

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case that involves a termination of a parental rights

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

R. Volney Riser

Defying Disenfranchisement: Black Voting Rights activism in the Jim Crow South, 1890-1908 (2010) Author

Under the 5th Amendment, the government does not need to physically take property from an individual to fall within the ambit of the clause (Please answer in Hawaiian)

'Oia'i'o

Younger abstention can only apply if there are adequate chances to raise any constitutional issues in the state proceeding (Please answer in Hawaiian)

'Oia'i'o

Serena Mayeri

A New E.R.A. or a New Era? Amendment Advocacy and the Reconstitution of Feminism, 103 Nw. U. L. Rev. (2009) Author

A debated proposition is subject to a time agreement imposed by a unanimous consent order

A Senator may not offer a point of order until all time has been used or yielded back if this item is the case

Subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the realized amount and subtracting the adjusted basis

A U.S. Holder must do this item if contingent payment debt instrument rules do not apply at the time of the sale, exchange, or retirement of a debt instrument

Contingent payment debt instrument rules do apply and a loss in excess of the net interest income inclusions that the debt instrument produced is realized

A U.S. holder will recognize a capital loss if this item occurs

Contingent payment debt instrument rules do not apply at the time of the sale, exchange, or retirement of a debt instrument

A U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt if this item happens

Contingent payment debt instrument rules do apply, the instrument was held for more than one year, and a loss in excess of the net interest income inclusions that the debt instrument produced is realized

A U.S. holder will recognize a long term capital loss if this item occurs

Contingent payment debt instrument rules do apply and a loss is realized on the sale, exchange, or retirement of a debt instrument (accounting for the net interest income inclusions that the debt instrument produced)

A U.S. holder will recognize an ordinary loss if this item occurs

Contingent payment debt instrument rules do apply and a gain is realized on the sale, exchange, or retirement of a debt instrument

A U.S. holder will recognize ordinary income if this item occurs

More than 50% of the ownership changes hands and the IRS then grants permission for the change

A firm that elects to be treated as a C-corporation after formation and misses the S-corporation election deadline will be unable to change its tax status to that of a partnership or sole proprietorship for five years unless this item is the case

Even though only US citizens currently have a right to vote in federal elections, many states allowed non-citizens to vote in state elections before the 1860s (Please answer in Hawaiian)

'Oia'i'o

For 6th Amendment purposes, a critical stage is reached once an indictment is filed, a prosecutor files an information, or there is an appearance before a judge (Please answer in Hawaiian)

'Oia'i'o

Generally, states cannot criminally punish drivers who cover a portion of the generic state license plate because of political or religious qualms with the covered message (Please answer in Hawaiian)

'Oia'i'o

Goldberg v. Kelly can be read to require the provision of a hearing before welfare benefits are revoked (Please answer in Hawaiian)

'Oia'i'o

Guilty pleas automatically waive the 5thAmendment privilege against self-incrimination and the 6th Amendment right to a jury trial (Please answer in Hawaiian)

'Oia'i'o

In practice, Congress has used several different means to circumvent INS v. Chada (Please answer in Hawaiian)

'Oia'i'o

Most states have adopted the Uniform Certification of Questions of Law Act (Please answer in Hawaiian)

'Oia'i'o

Officers can request that individuals identify themselves during lawful Terry stops (Please answer in Hawaiian)

'Oia'i'o

POTUS is absolutely immune from civil actions seeking money damages arising from her or his conduct while in office (Please answer in Hawaiian)

'Oia'i'o

Police can arrest a suspected felon in public if they have probable cause but no arrest warrant (Please answer in Hawaiian)

'Oia'i'o

Laughlin McDonald

American Indians and the Fight for Equal Voting Rights (2010) Author

The Morality of Consent Author

Alexander Bickel

"The constitution has not conferred a right of suffrage upon anyone"

United States v. Cruikshank, 92 U.S. 542 (1875)

Issue price

When it comes to debt instruments issued for money, this item is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses

A Muted Fury Author

William G. Ross

Directors and officers of a corporation owe a duty of care to the firm (Please answer in Hawaiian)

'Oia'i'o

Mary Ann Glendon

A Nation Under Lawyers: How the Crisis in the Legal Profession is Transforming American Society (1994) Author

Felix Frankfurter

A Note on Advisory Opinions, 37 Harv. L. Rev. 1002 (1924) Author

John C. Yoo, The Continuation of Politics by Other Means: The Original Understanding of. War Powers, 84 CALIF. L. REV. 167 (1996) claim

A broad reading of Article II combined with a restrictive reading of Article I would expand the commander-in-chief power to include all military actions not unequivocally given to Congress

Louis Henkin, Constitutionalism, Democracy, and Foreign Affairs 26 (1990) claim

A narrow reading of the commander-in-chief clause indicates that POTUS has no policymaking authority and is relegated to the status of first general

Contingent payment debt instrument rules do not apply at the time of the sale, exchange, or retirement of a debt instrument and the debt is held for more than one year

A non-corporate U.S. holder recognizes long-term capital gain or loss at a preferential rate if this item occurs

Henry Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 Harv. L. Rev. (1953)

A work that argues that Congress may not make exceptions to SCOTUS' appellate jurisdiction that would interfere with the Court's essential/core functions or destroy the role of SCOTUS

Tribe, Jurisdictional Gerrymandering: zoning Disfavored Rights Out of Federal Courts, 16 Harv. C.R.-C.L. L. Rev. (1981)

A work that argues that the conclusion that Congress cannot single out certain constitutional issues from primary or exclusive adjudication in state courts follows from the conclusion that Congress could not single out particular classes of protected litigants from appealing matters to SCOTUS

Sanford Levinson, Responding to Imperfection:The Theory and Practice of Constitutional Amendments (1995)

A work that argues that there has been too much self-restraint in constitutional amendment practice in light of American democratic traditions

Persky, Comment, Ghosts That Slay: A Contemporary Look at State Advisory Opinions, 37 Conn. L. Rev. 1155 (2005)

A work that provides a comprehensive overview of state Supreme Court advisory opinions arguing that judicious use of advisory opinions improves efficiency and accountability

"We do not propose that when Dred Scott has been decided to be a slave by the court, we, as a mob, will decide him to be free. We do not propose that, when any other one, or one thousand, shall be decided by that court to be slaves, we will in any violent way disturb the rights of property thus settled, but we nevertheless do oppose that decision as a political rule, which shall be binding on the voter to vote for nobody who thinks it wrong, which shall be binding on the members of Congress or the President to favor no measure that does not actually concur with the principles of that decision. We do not propose to be bound by it as a political rule in that way, because we think it lays the foundation not merely of enlarging and spreading out what we consider an evil, but it lays the foundation for spreading that evil into the States themselves. We propose so resisting it as to have it reversed if we can, and a new judicial rule established upon this subject."

Abraham Lincoln, Speech During Senatorial Campaign (October 1858)

War, Foreign Affairs and Constitutional Power: The Origins (1976) Author

Abraham Sofaer

Rejecting a First Amendment challenge to the 1918 Sedition Act

Abrams v. United States, 250 U.S. 616 (1919) Holding

POTUS is entitled to disregard a severable unconstitutional condition on statutory spending authority

Acting Assistant Attorney General Timothy Flanigan, Issues Raised by Provisions Directing Issuance of Official or Diplomatic Passports, 16 Op. O.L.C. 18 (1990) Conclusion

A work that documents the modes of constitutional arguments that were made in Minor v. Happersett

Adam Winkler, A Revolution Too Soon: Women Suffragists and the Living Constitution, 1869-1875, 76 N.Y.U. L. Rev. (2001)

A work that documents instrumentalist and value constitutive justifications for free speech in the context of expressive voting

Adam Winkler, Note, Expressive Voting, 68 N.Y.U. L. Rev. (1993)

A case declining to find that Article I requires congressional representation for D.C. residents

Adams v. Clinton, 90 F. Supp. 2d 35 (D.D.C.)

"I fear to see the consequences of the Court's practice of substituting its own concepts of decency and fundamental justice for the language of the Bill of Rights as its point of departure in interpreting and enforcing that Bill of Rights."

Adamson v. California, 332 US 46 (1947) (Black, J., dissenting)

"The power to regulate interstate commerce is, as stated by Chief Justice Marshall, full and complete in Congress, and there is no limitation in the grant of the power which excludes private contracts of the nature in question from the jurisdiction of that body. Nor is any such limitation contained in that other clause of the Constitution which provides that no person shall be deprived of life, liberty or property without due process of law...the power of Congress to regulate interstate commerce comprises the right to enact a law prohibiting the citizen from entering into those private contracts which directly and substantially...regulate to a greater or less degree commerce among the States.

Addyston Pipe & Steel Co. v. United States, 175 US 211 (1899)

Richard Kay

Adherence to Original Intentions in Constitutional Adjudication: Three Objections and Responses, 82 Nw. L. Rev. 226 (1988). Author

The original cost of the debt plus any amounts previously included as interest income under the projected payment schedule minus the amount of any non-contingent payments and the projected amount of any contingent payments that were made on the instrument

Adjusted basis (contingent payment debt instrument rules do apply at the time of the sale, exchange, or retirement of a debt instrument)

The original debt cost plus any amount included in income as original issue discount and the market discount and minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest

Adjusted basis (contingent payment debt instrument rules do not apply at the time of the sale, exchange, or retirement of a debt instrument)

Invalidating a DC regulation setting minimum wages for female workers as violative of the Fourteenth Amendment's Due Process clause

Adkins v. Children's Hospital, 261 U.S. 525 (1923) Holding

"If the moral and physical fibre of its manhood and its womanhood is not a State concern, the question is, what is?"

Adler v. Deegan 251 NY 467 (1929) (Cardozo, J., concurring)

"A "controversy" in this sense must be one that is appropriate for judicial determination. A justifiable controversy is thus distinguished from a difference or dispute of a hypothetical or abstract character; from one that is academic or moot. The controversy must be definite and concrete, touching the legal relations of parties having 241*241 adverse legal interests. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts."

Aetna Life Ins. Co. v. Haworth, 300 US 227 (1937)

Point of order

After cloture has been invoked, this item is not debatable

Brown v. Glines (1980) holding

Air Force regulations require members of that service to obtain approval from their commanders before circulating petitions on Air Force bases are not facially invalid under the First Amendment

The Bill of Rights Author (the book not the first ten amendments)

Akhil Amar

A work that identifies the anomalous international position of the United States vis-a-vis other African, Asian, and European nations in terms of felon disenfranchisement during incarceration and after release

Alec C. Edwald, Civil Death: The Ideological Paradox of Criminal Disenfranchisement Laws in the United States, 2002 Wis. L. Rev. 1045

The Least Dangerous Branch: The Supreme Court at the Bar of Politics Author

Alexander Bickel

The Supreme Court and the Idea of Progress (1978) Author

Alexander Bickel

A work that locates the right to vote in the First Amendment right of free speech

Alexander Bickel, The Supreme Court and the Idea of Progress (1978)

"It would amount to nothing more than the supreme command and direction of the military...while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all which, by the Constitution under consideration, would appertain to the legislature"

Alexander Hamilton, The Federalist No. 69

The Right to Vote: The Contested History of Democracy in the United States (2000) Author

Alexander Keyssar

A work that asserts that the franchise was extended more widely among white males in the United States during the early to mid 1860s than in any other country at the time. And, the rare retraction of the franchise among minority groups that received the right to vote in the early 1800s.

Alexander Keyssar, The Right to Vote: The Contested History of Democracy in the United States (2000)

Concluding that the refusal of Cuban interventors to refund a customer purchase of goods mistakenly paid to expropriated Cuban cigar businesses was not an act of state precluding an affirmative judgment against the Cuban government

Alfred Dunhill of London, Inc. v. Republic of Cuba, 425 US 682 (1976) Holding

A work that provides a discussion of Puerto Rican suffrage

Amber Cottle, Comment, Silent Citizens: United States Territorial Residents and the Right to Vote in Presidential Elections, 1995 U. Chi. Legal F. 315

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated"

Amend. IV (Search and Seizure Clause)

"The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. — The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

Amend. XII

"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation."

Amend. XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

Amend. XV § 1

"The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin."

Amend. XX § 1

"The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day."

Amend. XX § 2

"If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

Amend. XX § 3

"The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them."

Amend. XX § 4

"Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article."

Amend. XX § 5

"This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission."

Amend. XX § 6

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. The Congress shall have power to enforce this article by appropriate legislation.

Amend. XXIV

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Amend. XXV § 1 (Presidential Succession)

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amend. XXV § 4 (Presidential Succession)

"But the word "right" is one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion. Most rights are qualified."

American Bank & Trust Co. v. Federal Reserve Bank of Atlanta, 256 US 350 (1921) (Oliver Wendell Holmes Jr.)

"The priceless heritage of our society is the unrestricted constitutional right of each member to think as he will. Thought control is a copyright of totalitarianism, and we have no claim to it. It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error. We could justify any censorship only when the censors are better shielded against error than the censored."

American Communications Assn. v. Douds, 339 US 382 (1950)

"The task of this Court to maintain a balance between liberty and authority is never done, because new conditions today upset the equilibriums of yesterday. The seesaw between freedom and power makes up most of the history of governments, which, as Bryce points out, on a long view consists of repeating a painful cycle from anarchy to tyranny and back again. The Court's day-to-day task is to reject as false, claims in the name of civil liberty which, if granted, would paralyze or impair authority to defend existence of our society, and to reject as false, claims in the name of security which would undermine our freedoms and open the way to oppression. These are the competing considerations involved in judging any measures which government may take to suppress or disadvantage its opponents and critics."

American Communications Assn. v. Douds, 339 US 382 (1950) (Robert Jackson)

"Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 1791, decided in favor of a bank; another, in 1811, decided against it. One Congress, in 1815, decided against a bank; another, in 1816, decided in its favor. Prior to the present Congress, therefore, the precedents drawn from that source were equal. If we resort to the States, the expressions of legislative, judicial, and executive opinions against the bank have been probably to those in its favor as 4 to 1. There is nothing in precedent, therefore, which, if its authority were admitted, ought to weigh in favor of the act before me. If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve."

Andrew Jackson, Veto Message, July 10, 1832

Contract Law and Distributive Justice, 89 Yale L.J. 472 (1980) Author

Anthony T. Kronman

A Matter of Interpretation: Federal Courts and the Law Author

Antonin Scalia

"As a charter of freedom, the Act has a generality and adaptability comparable to that found to be desirable in constitutional provisions"

Appalachian Coals, Inc. v. United States, 288 US 344 (1933)

Other than the fact of a prior conviction, every fact necessary to authorize a defendant's punishment must be either admitted by the defendant or found by a jury on proof beyond a reasonable doubt.

Apprendi v. New Jersey, 530 U.S. 466 (2000) Holding

"America is of course sovereign; but her sovereignty is woven in an international web that makes her one of the family of nations. The ties with all the continents are close—commercially as well as culturally. Our concerns are planetary, beyond sunrises and sunsets. Citizenship implicates us in those problems and perplexities, as well as in domestic ones. We cannot exercise and enjoy citizenship in world perspective without the right to travel abroad; and I see no constitutional way to curb it unless, as I said, there is the power to detain."

Aptheker v. Secretary of State, 378 US 500 (1964) (Douglas, J., concurring)

"This freedom of movement is the very essence of our free society, setting us apart. Like the right of assembly and the right of association, it often makes all other rights meaningful— knowing, studying, arguing, exploring, conversing, observing and even thinking. Once the right to travel is curtailed, all other rights suffer, just as when curfew or home detention is placed on a person."

Aptheker v. Secretary of State, 378 US 500 (1964) (Douglas, J., concurring)

"The principle that the multitude ought to be supreme rather than the few best is one that is maintained, and though not free from difficulty, yet seems to contain an element of truth. For the many, of whom each individual is but an ordinary person, when they meet together may very likely be better than the few good, if not regarded individually but collectively."

Aristotle, The Politics

A work that documents the adoption of state constitutions in the Deep South with disenfranchising voter provisions passed from 1890-1908

Armand Derfner, Racial Discrimination and the Right to Vote, 26 Vand. L. Rev. (1973)

"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators."

Art. I, § 4, cl. 1 (Election Regulations Clause)

"The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day"

Art. I, § 4, cl. 2 (Meeting of Congress Clause)

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Art. I, § 5, cl. 1 (Qualifications and Quorum Clause)

Each House may ... punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Art. I, § 5, cl. 2 (Expulsion Clause)

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Art. I, § 5, cl. 3 (House Journal Clause)

"The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Art. III, § 1, cl. 1 (Judicial Vesting Clause)

"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour"

Art. III, § 1, cl. 2 (Good Behavior Clause)

"The Judges, both of the supreme and inferior Courts...shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office."

Art. III, § 1, cl. 3 (Judicial Compensation Clause)

The judicial Power shall extend to ...all Cases of admiralty and maritime Jurisdiction

Art. III, § 2, cl. 1 (Admiralty)

The judicial Power shall extend to ...all Cases affecting Ambassadors, other public Ministers and Consuls

Art. III, § 2, cl. 1 (Ambassadors)

The judicial Power shall extend to ...Controversies...between Citizens of the same State claiming Lands under Grants of different States....

Art. III, § 2, cl. 1 (Land Grant Jurisdiction Clause)

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Art. III, § 2, cl. 2 (Appellate Jurisdiction Clause)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

Art. III, § 2, cl. 2 (Original Jurisdiction Clause)

"The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted."

Art. III, § 3, cl. 2 (Punishment of Treason Clause)

"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."

Art. IV, § 1 (Full Faith and Credit Clause)

"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.".

Art. IV, § 2, cl. 3 (Fugitive Slave Clause)

"New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."

Art. IV, § 3, cl. 1 (Admissions Clause)

"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence."

Art. IV, § 4 (Guarantee Clause)

"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress."

Art. V (amendments)

"no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article"

Art. V (prohibition on amendment: migration or importation)

"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation."

Art. VI, cl. 1 (Debt Assumption Clause)

"no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Art. VI, cl. 1 (Religious Test Clause)

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Art. VI, cl. 2 (Supremacy Clause)

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution."

Art. VI, cl. 3 (Oaths Clause)

"The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."

Art. VII, cl. 1 (Ratification Clause)

"Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names."

Art. VII, cl. 2 (Ratification Clause)

The judicial Power shall extend to ...Controversies...between a State and Citizens of another State ...and between a State...and foreign States, Citizens or Subjects.

Article III §2 (Citizen-State Diversity Clause)

One appeal as a matter of right from final judgments and orders

Article V, §4(b)(1) of the Florida Constitution provides for this item

"The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are: 1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding 2. The Court will not "anticipate a question of constitutional law in advance of the necessity of deciding it 3. The Court will not "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied." 4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. 5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation 6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits 7. "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided."

Ashwander v. TVA, 297 US 288 (1936) (Louis Brandeis)

"Congress' power to abrogate a State's immunity means that in certain circumstances the usual constitutional balance between the States and the Federal Government does not obtain. "Congress may, in determining what is `appropriate legislation' for the purpose of enforcing the provisions of the Fourteenth Amendment, provide for private suits against States or state officials which are constitutionally impermissible in other contexts." In view of this fact, it is incumbent upon the federal courts to be certain of Congress' intent before finding that federal law overrides the guarantees of the Eleventh Amendment. The requirement that Congress unequivocally express this intention in the statutory language ensures such certainty."

Atascadero State Hospital v. Scanlon, 473 US 234 (1985) (Lewis Powell)

"Only when an award can fairly be categorized as "grossly excessive" in relation to these interests does it enter the zone of arbitrariness that violates the Due Process Clause of the Fourteenth Amendment. For that reason, the federal excessiveness inquiry appropriately begins with an identification of the state interests that a punitive award is designed to serve."

BMW of North America, Inc. v. Gore, 517 US 559 (1996) (John Paul Stevens)

"While it is the great purpose of law to ascertain the truth, there is the countervailing necessity of insuring the right of every person to freely and fully confer and confide in one having knowledge of the law, and skilled in its practice, in order that the former may have adequate advice and a proper defense."

Baird v. Koerner, 279 F. 2d 623 (9th Cir. 1960)

"When a man goes upon a railroad track he knows that he goes to a place where he will be killed if a train comes upon him before he is clear of the track. He knows that he must stop for the train, not the train stop for him. In such circumstances it seems to us that if a driver cannot be sure otherwise whether a train is dangerously near he must stop and get nut of his vehicle, although obviously he will not often be required to do more than to stop and look. It seems to us that if he relies upon not hearing the train or any signal and takes no further precaution he does so at his own risk."

Baltimore & Ohio R. Co. v. Goodman, 275 US 66 (1927) (Oliver Wendell Holmes Jr.)

Law and Literature Author

Ben Cardozo

"The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer."

Berger v. United States, 295 US 78 (1935) (George Sutherland)

"The prosecutor may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."

Berger v. United States, 295 US 78 (1935) (George Sutherland)

"The concept of the public welfare is broad and inclusive...The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled."

Berman v. Parker, 348 US 26 (1954) (William Douglas)

The Origins of American Politics (1970) Author

Bernard Bailyn

A work that describes a mixed government theory of British politics through which balance was maintained by mixing classes and societal institutions (kings, lords, commoners) to create counterpoisal pressures

Bernard Bailyn, The Origins of American Politics (1970)

The Principals of Representative Government (1997) Author

Bernard Manin

"The Federalists, however, all agreed that representatives should not be like their constituents. Whether the difference was expressed in terms of wisdom, virtue, talents, or sheer wealth and property, they all expected and wished the elected to stand higher than those who elected them."

Bernard Manin, The Principals of Representative Government (1997)

An officer can enter an individual's home to provide emergency aid when she or he has an objective basis to believe that immediate assistance is required (Please answer in French)

Bien sur

An officer seizes a premise if she or he seals it off in a manner that prevents its occupants from ingress or egress to obtain their personal property (Please answer in French)

Bien sur

An ordinary trespass is complete when it is committed (Please answer in French)

Bien sur

Congress can regulate corporate political speech through disclaimer and disclosure requirements that incidentally burden the ability of corporations to speak (Please answer in French)

Bien sur

Congress has broad power to enforce the Reconstruction amendments (Please answer in French)

Bien sur

Decisions in cases that become moot on appeal can be vacated (Please answer in French)

Bien sur

Defense of others is a defense in battery torts. (Please answer in French)

Bien sur

In political question doctrine cases, courts will consider whether there is a lack of judicially discoverable standards for resolving the case (Please answer in French)

Bien sur

The Double Jeopardy Clause attaches when the petit jury members swear oaths (Please answer in French)

Bien sur

The dual sovereign doctrine permits prosecution by both the US and a state for the same offense (Please answer in French)

Bien sur

The judicial power extends to cases that involve disputes between citizens of a state claiming land that different states granted (Please answer in French)

Bien sur

Unconstitutionally obtained evidence is admissible if the officer gathered it based on good faith reliance on an ordinance, statute, court opinion, invalid warrant, or defective warrant (Please answer in French)

Bien sur

Under the 4th Amendment, the presumption is that an individual has a reasonable expectation of privacy in her or his home (Please answer in French)

Bien sur

When it comes to false imprisonment claims, false imprisonment can result from obstruction of a person's freedom of movement. (Please answer in French)

Bien sur

A claim can be raised under the 14th Amendment's clauses if the state action requirement is not met (Please answer in French)

Bien sur que non

A submitted point of order cannot be tabled (Please answer in French)

Bien sur que non

Congress cannot reduce or expand SCOTUS' appellate jurisdiction (Please answer in French)

Bien sur que non

Congress has the power to apply the federal version of RFRA to the states (Please answer in French)

Bien sur que non

Defense of property is not a defense in battery torts. (Please answer in French)

Bien sur que non

In political question doctrine cases, courts will not consider whether it is possible to resolve the case without making a policy decision that is fit for another branch (Please answer in French)

Bien sur que non

In political question doctrine cases, courts will not consider whether there is a textually demonstrable constitutional commitment to a coordinate branch (Please answer in French)

Bien sur que non

Insults alone are sufficient to bring an action for intentional infliction of emotional distress (Please answer in French)

Bien sur que non

The 1st Amendment allows states to permit public figures to win on a defamation claim even if the public figure does not demonstrate that there was actual malice (Please answer in French)

Bien sur que non

The Double Jeopardy Clause attaches when an individual appears at an initial preliminary hearing (Please answer in French)

Bien sur que non

The intent element for battery is not the same as that for assault. (Please answer in French)

Bien sur que non

The judicial power does not extend to cases that involve disputes between a state or its citizens and a foreign country and its citizens (Please answer in French)

Bien sur que non

The judicial power does not extend to cases that involve maritime and admiralty law (Please answer in French)

Bien sur que non

When it comes to false imprisonment claims, false imprisonment can never result from serious threats of force against a person that are intended to prevent the person from leaving the confinement location. (Please answer in French)

Bien sur que non

When it comes to the intent requirement for an assault tort, the transferred intent doctrine does not apply. (Please answer in French)

Bien sur que non

"Now and then an extraordinary case may turn up, but constitutional law like other mortal contrivances has to take some chances, and in the great majority of instances no doubt justice will be done."

Blinn v. Nelson, 222 US 1 (1911) (Oliver Wendell Holmes Jr.)

"To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it...Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law."

Board of Regents of State Colleges v. Roth, 408 US 564 (1972) (Potter Stewart)

"The legality of an agreement or regulation cannot be determined by so simple a test, as whether it restrains competition. Every agreement concerning trade, every regulation of trade, restrains. To bind, to restrain, is of their very essence."

Board of Trade of Chicago v. United States, 246 US 231 (1918)

"There is a constitutional right not to be murdered by a state officer, for the state violates the Fourteenth Amendment when its officer, acting under color of state law, deprives a person of life without due process of law...But there is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order. Discrimination in providing protection against private violence could of course violate the equal protection clause of the Fourteenth Amendment. But that is not alleged here."

Bowers v. DeVito, 686 F. 2d 616 (7th Cir. 1982) (Richard Posner)

"The right of an individual to conduct intimate relationships in the intimacy of his or her own home seems to me to be the heart of the Constitution's protection of privacy."

Bowers v. Hardwick, 478 US 186 (1986) (Blackmun, J., dissenting)

"It may be that it is the obnoxious thing in its mildest and least repulsive form; but illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than in substance. It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any stealthy encroachments thereon."

Boyd v. United States, 116 US 616 (1886) (Joseph Bradley)

"The principles laid down in [Lord Camden's opinion in Entick v. Carrington [1765]] affect the very essence of constitutional liberty and security. They reach farther than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employés of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property, where that right has never been forfeited by his conviction of some public offence, — it is the invasion of this sacred right which underlies and constitutes the essence of Lord Camden's judgment. Breaking into a house and opening boxes and drawers are circumstances of aggravation; but any forcible and compulsory extortion of a man's own testimony or of his private papers to be used as evidence to convict him of crime or to forfeit his goods, is within the condemnation of that judgment. In this regard the Fourth and Fifth Amendments run almost into each other."

Boyd v. United States, 116 US 616 (1886) (Joseph Bradley)

State regulations restricting bar admission on the basis of sex do not violate the 14th Amendment's Privileges and Immunities Clause

Bradwell v. State of Illinois, 83 U.S. 130 (1873) Holding

Once the jurisdiction of the appellate court has been properly invoked by filing the original notice of appeal, the appellate court has the discretion to consider an untimely filed cross-appeal

Breakstone v. Baron's of Surfside, Inc., 528 So. 2d 437 (Fla. 3d DCA 1988).

"There is equal unanimity that opportunists, for private gain, cannot be permitted to arm themselves with an acceptable principle, such as that of a right to work, a privilege to engage in interstate commerce, or a free press, and proceed to use it as an iron standard to smooth their path by crushing the living rights of others to privacy and repose."

Breard v. Alexandria, 341 US 622 (1951) (Stanley Reed)

The imposition of a $1 poll tax levied generally on all inhabitants with exemptions for all persons under 21 or over 60 years of age and all females who do not register for voting does not violate the Equal Protection Clause, Privileges and Immunities Clause, or the Nineteenth Amendment

Breedlove v. Suttles, 302 U.S. 277 (1937) Holding

Manage covered employees' trading activities

Brokerage firms must have policies and procedures that do this item

Prohibit covered employees from purchasing or receiving securities before an IPO for subject companies and other companies in the industry

Brokerage firms must have policies and procedures that do this item

Prohibit covered employees from trading in a manner that is contrary to, or inconsistent with, the employees' or the firm's most recent published recommendations or ratings except in circumstances of extreme financial hardship

Brokerage firms must have policies and procedures that do this item

Prohibit immediate family members of covered employees from trading in a manner that is contrary to, or inconsistent with, the employees' or the firm's most recent published recommendations or ratings except in circumstances of extreme financial hardship

Brokerage firms must have policies and procedures that do this item

"There is no question that city property owners, including nonresident property owners, have an interest in the conduct of municipal affairs, including property taxes, zoning, public services such as sewage and garbage disposal, and other matters that may affect their property. The difficulty, however, with Chattanooga's charter provision is that it contains no limitation of the number of people who can "vote" on a piece of property or no limitation as to any minimum property value required for the exercise of the franchise. The record in this case shows that as many as 23 nonresidents have been registered to vote on a single piece of property in the city. By way of further example, 15 nonresidents are registered to vote as co-owners of one parcel of property which has an assessed value of $100...[T]he law currently would permit Muammar el-Qaddafi to buy a parcel of land in Chattanooga and deed it to thousands of Libyans who would then be able to control the outcome of Chattanooga's elections."

Brown v. Board of Com'rs of Chattanooga, Tenn., 722 F. Supp. 380 (E. D. Tenn. 1989)

Invalidating Section 5.1 of the Chattanooga Charter which permitted nonresident property qualification as the basis for voting in municipal elections

Brown v. Board of Com'rs of Chattanooga, Tenn., 722 F. Supp. 380 (E. D. Tenn. 1989) Holding

Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.

Brown v. Board of Education, 347 US 483 (1954) (Earl Warren)

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

Brown v. Board of Education, 347 US 483 (1954) (Earl Warren)

"The concept of military necessity is seductively broad, and has a dangerous plasticity. Because they invariably have the visage of overriding importance, there is always a temptation to invoke security "necessities" to justify an encroachment upon civil liberties. For that reason, the military security argument must be approached with a healthy skepticism"

Brown v. Glines (1980) (Brennan, J., dissenting)

Rejecting a 14th Amendment Equal Protection Clause challenge to a state legislative redistricting plan with a maximum population deviation of 89% on the grounds that the complaint only challenged the apportionment of one district rather than the state-wide apportionment scheme

Brown v. Thomson, 462 U.S. 835 (1983) (Justice Powell Opinion Conclusion)

"With purely moral obligations the law does not deal. For example, the priest and Levite who passed by on the other side were not...liable at law for the continued suffering of the man who fell among thieves, which they might and morally ought to have prevented or relieved. Suppose A, standing close by a railroad, sees a two-year-old babe on the track and a car approaching. He can easily rescue the child with entire safety to himself, and the instincts of humanity require him to do so. If he does not, he may, perhaps, justly be styled a ruthless savage and a moral monster; but he is not liable in damages for the child's injury, or indictable under the statute for its death."

Buch v. Amory Mfg. Co., 69 N.H. 257 (1898) (Alonzo Carpenter)

"Because he has characterized this as a voting rights rather than ballot access case, petitioner submits that the write-in prohibition deprives him of the opportunity to cast a meaningful ballot, conditions his electoral participation upon the waiver of his First Amendment right to remain free from espousing positions that he does not support, and discriminates against him based on the content of the message he seeks to convey through his vote. At bottom, he claims that he is entitled to cast and Hawaii required to count a "protest vote" for Donald Duck, and that any impediment to this asserted "right" is unconstitutional.

Burdick v. Takushi, 504 US 428 (1992)

"Election laws will invariably impose some burden upon individual voters. Each provision of a code, "whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process itself, inevitably affects—at least to some degree—the individual's right to vote and his right to associate with others for political ends." Consequently, to subject every voting regulation to strict scrutiny and to require that the regulation be narrowly tailored to advance a compelling state interest would tie the hands of States seeking to assure that elections are operated equitably and efficiently. Accordingly, the mere fact that a State's system "creates barriers . . . tending to limit the field of candidates from which voters might choose . . . does not of itself compel close scrutiny."

Burdick v. Takushi, 504 US 428 (1992)

Upholding Hawaii's ban on write-in voting as consistent with the First Amendment

Burdick v. Takushi, 504 US 428 (1992) Holding

"We start with the proposition that the Equal Protection Clause does not require the States to use total population figures derived from the federal census as the standard by which this substantial population equivalency is to be measured...Neither in Reynolds v. Sims nor in any other decision has this Court suggested that the States are required to include aliens, transients, short-term or temporary residents, or persons denied the vote for conviction of crime in the apportionment base by which their legislators are distributed and against which compliance with the Equal Protection Clause is to be measured."

Burns v. Richardson, 384 U.S. 73 (1966) (Justice Brennan)

"Probation is thus conferred as a privilege and cannot be demanded as a right. It is a matter of favor, not of contract. There is no requirement that it must be granted on a specified showing. The defendant stands convicted; he faces punishment and cannot insist on terms or strike a bargain. To accomplish the purpose of the statute, an exceptional degree of flexibility in administration is essential. It is necessary to individualize each case, to give that careful, humane and comprehensive consideration to the particular situation of each offender which would be possible only in the exercise of a broad discretion."

Burns v. United States, 287 US 216 (1932) (Charles Evans Hughes)

"The right to follow any of the common occupations of life is an inalienable right."

Butchers' Union Co. v. Crescent City Co., 111 US 746 (1884) (Bradley, J., concurring)

"The exclusion of aliens from basic governmental processes is not a deficiency in the democratic system but a necessary consequence of the community's process of political self-definition. Self-government, whether direct or through representatives, begins by defining the scope of the community of the governed and thus of the governors as well: Aliens are by definition those outside of this community."

Cabell v. Chavez-Salido, 454 U.S. 432 (1982)

"I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence, in order to convict the offender. All these, and similar laws, are manifestly unjust and oppressive."

Calder v. Bull, 3 US 386 (1798) (Samuel Chase)

"Fencing out from the franchise a sector of the population because of the way they may vote is constitutionally impermissible."

Carrington v. Rash, 380 U.S. 89 (1965)

"Sometimes it is said that the relation must be "direct" to bring that power into play. In many circumstances such a description will be sufficiently precise to meet the needs of the occasion. But a great principle of constitutional law is not susceptible of comprehensive statement in an adjective."

Carter v. Carter Coal Co., 298 US 238 (1936) (Benjamin Cardozo)

Concluding that plaintiffs had failed to present sufficient evidence justifying a preliminary injunction to stop a county commissioner elected with a majority that depended on absentee ballots casted by military members from taking office

Casarez v. Val Verde County, 957 F. Supp. 847 (W. D. Tex. 1997) Holding

"The king by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm...the King cannot create any offense by his prohibition or proclamation, which was not an offense before, for that was to change the law, and to make an offense which was not...Also,...the King hath no prerogative but that which the law of the land allows him."

Case of Proclamations [1611] (Sir Edward Coke CJ)

After the Rights Revolution Author

Cass Sunstein

One Case at a Time Author

Cass Sunstein

The Partial Constitution Author

Cass Sunstein

Concluding that a state's 11th Amendment immunity did not bar a bankruptcy trustee's suit, under the federal bankruptcy statute, to set aside a preferential transfer to a state agency.

Central Virginia Community College v. Katz (2006) Holding

6th Amendment rights are triggered when the police engage in "deliberate elicitation" (Please answer in Portuguese)

Certamente

A litigant can claim third party standing if the third party is not likely to assert her own rights or the third party will experience difficulty in asserting her rights and the first party suffered a direct injury or a special relationships exists between the third party and the first party (Please answer in Portuguese)

Certamente

A tort can be based on negligence. (Please answer in Portuguese)

Certamente

Congress cannot commandeer state executive officers and obligate them to enforce federal laws (Please answer in Portuguese)

Certamente

Economic regulations that are justified under the substantial effects prong of the commerce clause are more likely to be upheld than non-economic regulations (Please answer in Portuguese)

Certamente

Federal laws that discriminate on the basis of undocumented status are subject to rational basis review (Please answer in Portuguese)

Certamente

A work that argues that the conduct of foreign affairs is an aspect of the executive power entrusted to the President, subject only to narrowly defined exceptions

Charles Cooper, What the Constitution Means by Executive Power, 43 U. Miami L. Rev. (1988)

Constitutionalism: Ancient and Modern Author

Charles Howard McIlwain

A work that estimates that in the absence of felon disenfranchisement laws, 32% of the disenfranchised felons would have voted in presidential elections, 29% would have voted in senatorial elections during a presidential election year, and 17% would have voted in senatorial elections in non-presidential election years

Christopher Uggen and Jeff Manza, The Political Consequences of Felon Disfranchisement Laws in the United States, 67 Am. Soc. Rev. (2002)

"Today, it is the colored race which is denied, by corporations and individuals wielding public authority, rights fundamental in their freedom and citizenship. At some future time, it may be that some other race will fall under the ban of race discrimination. If the constitutional amendments be enforced, according to the intent with which, as I conceive, they were adopted, there cannot be, in this republic, any class of human beings in practical subjection to another class, with power in the latter to dole out to the former just such privileges as they may choose to grant. The supreme law of the land has decreed that no authority shall be exercised in this country upon the basis of discrimination, in respect of civil rights, against freemen and citizens because of their race, color, or previous condition of servitude."

Civil Rights Cases, 109 U.S. 3 (Harlan, J., dissenting)

A tort can never be based on strict liability. (Please answer in Portuguese)

Claro que nao

Article III does not provide SCOTUS with exclusive jurisdiction over cases between two or more states (Please answer in Portuguese)

Claro que nao

As a general rule, POTUS does not have an executive privilege of confidentiality with respect to diplomatic and national security matters (Please answer in Portuguese)

Claro que nao

Federal and state laws that discriminate on the basis of gender are not subject to intermediate scrutiny (Please answer in Portuguese)

Claro que nao

Generally, a non-custodial parent does not lack standing to bring an action on behalf of a minor child (Please answer in Portuguese)

Claro que nao

Generally, pharmacies do not have third party standing to assert the right of their customers to OCPs (Please answer in Portuguese)

Claro que nao

Most congressional acts that are passed under the commerce clause will not receive rational basis review if challenged (Please answer in Portuguese)

Claro que nao

Normally, state laws that discriminate on the basis of undocumented status are subject to rational basis review (Please answer in Portuguese)

Claro que nao

Officers are required to knock and announce their presence before conducting a search even if knocking would likely result in the destruction of evidence or endanger someone inside the home (Please answer in Portuguese)

Claro que nao

"If a State be a party, the jurisdiction of this Court is original, if the case arise under a constitution or a law, the jurisdiction is appellate. But a case to which a State as a party may arise under the constitution or a law of the United States. What rule is applicable to such a case? What, then, becomes the duty of the Court? Certainly, we think, so to construe the constitution as to give effect to both provisions, as far as it is possible to reconcile them, and not to permit their seeming repugnancy to destroy each other. We must endeavour so to construe them as to preserve the true intent and meaning of the instrument."

Cohens v. Virginia, 19 US 264 (1821) (John Marshall)

Concluding that mal-apportionment claims are non-justicable political questions under the Guarantee Clause

Colegrove v. Green, 328 U.S. 549 (1946) Holding

Concluding that disputes about ratification procedures and the time within which an amendment could be ratified are political questions assigned to the province of the legislative branch under Article V of the Constitution and, therefore, not subject to adjudication by the federal courts.

Coleman v. Miller (1939) Holding

"We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community. All property in this commonwealth, as well that in the interior as that bordering on tide waters, is derived directly or indirectly from the government, and held subject to those general regulations, which are necessary to the common good and general welfare. Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient."

Commonwealth v. Alger, 61 Mass. 53 (1851) (Lemuel Shaw)

"Whatever subjects of this power are in their nature national, or admit only of one uniform system, or plan of regulation, may justly be said to be of such a nature as to require exclusive legislation by Congress."

Cooley v. Board of Wardens of Port of Philadelphia ex rel. Soc. for Relief of Distressed Pilots, 53 U.S. 299 (1852)

"Article VI of the Constitution makes the Constitution the "supreme Law of the Land." In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as "the fundamental and paramount law of the nation," declared in the notable case of Marbury v. Madison, that "It is emphatically the province and duty of the judicial department to say what the law is." This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Cooper v. Aaron, 358 US 1 (1958)

Evaluating the appropriateness of other measures as proxies for cash flow in financial statement analysis

Correlation analysis can be used for this item

Identifying appropriate avenues for effective diversification of investment portfolios

Correlation analysis can be used for this item

Cov(Y, X)

Cov(X,Y) =

Dividing it by the product of the standard deviations of the two variables

Covariance is standardized by doing this item

Affirming a district court judgment striking down a state legislative plan that had a deviation of 9.9%

Cox v. Larios, 542 US 947 (2004) (Case Disposition)

Concluding that a state statute prohibiting the sale of nonintoxicating 3.2% beer to males under the age of 21 and to females under the age of 18. violated the 14th Amendment's Equal Protection Clause

Craig v. Boren, 429 US 190 (1976) (Justice Brennan Opinion Conclusion)

Rejecting a facial challenge to an Indiana statute requiring voters to show a picture ID

Crawford v. Marion County Election Board, 553 U.S. 181 (2008) Holding

"Where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered. In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action."

Cromwell v. County of Sac, 94 US 351 (1877)

"When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided."

Crowell v. Benson, 285 US 22 (1932) (Charles Evans Hughes)

Rejecting a 14th Amendment equal protection challenge to a state tax scheme that only supported schools that accepted students of one historically favored ethnicity

Cumming v. Richmond County Bd. of Ed., 175 US 528 (1899) Holding

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact or an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs. (Please answer in Serbo-Croatian)

Da

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. (Please answer in Serbo-Croatian)

Da

Mapp v. Ohio incorporates the search and seizure clause against the states (Please answer in Serbo-Croatian)

Da

New Jersey v. TLO applies a special and lenient standard to public school searches (Please answer in Serbo-Croatian)

Da

Pierce v. Society of Sisters/Meyers v.Nebraska stand for the principal that parents have a fundamental right to choose the manner in which the parent's child is educated (Please answer in Serbo-Croatian)

Da

"Perhaps it is because it is so difficult to reconcile the foregoing definition of Art. III judicial power with the broad range of vitally important day-to-day questions regularly decided by Congress or the Executive, without either challenge or interference by the Judiciary, that the decisions of the Court in this area have been rare, episodic, and afford little precedential value for subsequent cases."

Dames & Moore v. Regan, 453 U.S. 654 (1981)

A work that documents the connection between the temperance and women's suffrage movements

Daniel Okrent, Last Call: The Rise and Fall of Prohibition (2010)

The charter at issue was covered by Article I Section 10's contract clause and was therefore immune from state interference

Dartmouth College v. Woodward 17 U.S 518 (1819) Holding

A work that examines durational residency requirements in detail

David Cocanower and David Rich, Residency Requirements for Voting, 12 Ariz. L. Rev. (1970)

Democratic Authority: A Philosophical Framework Author

David Estlund

A work that offers an epistemic account of democracy as a system that is more likely to reach correct outcomes than its counterparts

David Estlund, Democratic Authority: A Philosophical Framework

Ratifying the Republic Author

David J. Siemers

This work argues that Justice Holmes' perceptions of electoral majorities as "unanswerable military victors" was influenced by his experience in the Civil War

David Luban, Justice Holmes and the Metaphysics of Judicial Restraint, 44 Duke L.J. 449 (1994)

A work that focuses on the psychology of political engagement

David Ortiz, The Engaged and the Inert: Theorizing Political Personality Under the First Amendment, 81 Va. L. Rev. 1 (1995)

A work that examines write-in voting regulations in different states and conditions that candidates must satisfy to have votes cast for them counted. This work also notes that most courts that have considered the question have found that the right to vote includes a right to cast a write in ballot

David Perney, Note, The Dimensions of the Right to Vote: The Write-In Vote, Donald Duck, and Voting Booth Speech Written-Off, 58 Mo. L. Rev. (1993)

A work that criticizes the Court's textual and historical reasoning in Richardson v. Ramirez

David Shapiro, Mr. Justice Rehnquist: A Preliminary View, 90 Harv. L. Rev. (1976)

"A party by going into a National court does not lose any right or appropriate remedy of which he might have availed himself in the State courts of the same locality. The wise policy of the Constitution gives him a choice of tribunals."

Davis v. Gray, 83 US 203 (1873) (Noah Swayne)

The Boswell Amendment violates the Fifteenth Amendment

Davis v. Schnell, 81 F. Supp. 872 (S.D. Ala. 1949) Holding

Bernard Bailyn

Debates on the Constitution Author

Rejecting a 1st Amendment challenge to the 1917 Espionage Act and upholding Eugene Debs' conviction.

Debs v. United States, 249 U.S. 211 (1919) Holding

Frank Cross

Decision Making in the U.S. Court of Appeals (2007) Author

For reasons . . . too obvious to call for enlarged discussion, the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it. Certainly, it is not reasonably possible for an outside nonexpert body to review the substance of such a judgment and to decide whether the agency should have been able to make the necessary affirmative prediction with confidence. Nor can such a body determine what constitutes an acceptable margin of error in assessing the potential risk. The Court accordingly has acknowledged that with respect to employees in sensitive positions "there is a reasonable basis for the view that an agency head who must bear the responsibility for the protection of classified information committed to his custody should have the final say in deciding whether to repose his trust in an employee who has access to such information."

Department of Navy v. Egan, 484 US 518 (1988) (Harry Blackmun)

Concluding that the Merit Systems Protection Board had authority under 5 U. S. C. § 7513 to review the substance of an underlying decision to deny or revoke a security clearance in the course of reviewing an adverse action

Department of Navy v. Egan, 484 US 518 (1988) Holding

Florida appellate courts generally do not issue advisory opinions

Department v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011) Holding

A director's conflicting interest transaction is protected from judicial scrutiny if notice is provided to all shareholders and a majority approve the action (Please answer in Romanian)

Desigur

A director's conflicting interest transaction will not violate the duty of loyalty if the director demonstrates that the transaction was fair to the firm (Please answer in Romanian)

Desigur

A plaintiff can never seek punitive damages if she or he proves that the defendant acted maliciously. (Please answer in Romanian)

Desigur Ca Ne

A majority shareholder need not exercise a duty of fair dealing when purchasing minority shareholder interests (Please answer in Romanian)

Desigur ca ne

If a board of directors refuses to issue dividends in bad faith a shareholder can never compel distribution (Please answer in Romanian)

Desigur ca ne

The corporate opportunity doctrine does not prohibit directors or officers from appropriating firm business to themselves (Please answer in Romanian)

Desigur ca ne

"The history of the cases does not show the development of a logical rule but rather a series of changes and abandonments. Upon the argument in each situation that the courts draw a Maginot Line to withstand an onslaught of false claims, the cases have assumed a variety of postures...Legal history shows that artificial islands of exceptions, created from the fear that the legal process will not work, usually do not withstand the waves of reality and, in time, descend into oblivion.

Dillon v. Legg, 68 Cal. 2d 728 (1968) (Mathew Tobriner)

"In this connection, defendants appear particularly troubled by the notion that, among the write-in votes, there may be votes for fictitious personages, notably the cartoon character Donald Duck. Of course, plaintiffs seek to have reported votes not for Donald Duck, but for serious minor party candidates. Nonetheless, we believe that such a vote might, under appropriate circumstances, be meant as serious satirical criticism of the powers that be...[W]e incline to the view that a vote for a fictitious character would be entitled to constitutional protection."

Dixon v. Md. State Administrative Election Laws, 878 F. 2d 776 (4th Cir. 1989)

Disclosure of referendum petitions does not as a general matter violate the First Amendment

Doe v. Reed, 561 U.S. 186 (2010) Holding

Invalidating 1965 amendment to the Maine Constitution that prohibited persons under guardianship for reasons of mental illness from registering and voting as violative of the ADA

Doe v. Rowe, 156 F. Supp. 2d 35 (D. Me. 2001) Holding

Happy Slaves (1989) Author

Don Herzog

A work that explores the historical distinction between voting as the genuine collective choice between competing candidates in competitive contests, and voting as a ritual of acclamation or a public act that recognizes and reconstitutes the superior status of the candidate

Don Herzog, Happy Slaves (1989)

A work that identifies the first instance of felon disenfranchisement in the 1776 Virginia constitution

Douglas Tims, Note, The Disenfranchisement of Ex-Felons: A Cruelly Excessive Punishment, 7 Southwestern U.L. Rev. 124 (1975)

"Civil liberties had their origin and must find their ultimate guaranty in the faith of the people. If that faith should be lost, five or nine men in Washington could not long supply its want."

Douglas v. City of Jeannette, 319 US 157 (1943) (Jackson, J., concurring)

African-Americans cannot invoke the jurisdiction of Article III courts because they could never become US citizens; Congress lacks the power to ban slavery in the federal territories; the 5th Amendment's Due Process Clause prohibits the federal government from freeing slaves brought into the federal territories

Dred Scott v. Sandford, 60 U.S. 393 (1857) Holding

"As long as [the Constitution] continues to exist in its present form, it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers."

Dred Scott v. Sandford, 60 US 393 (1857) (Roger Taney)

Speech to the Electors at Bristol Author

Edmund Burke

The Higher Law Background of American Constitutional Law Author

Edward Corwin

The President: Office and Powers 1787-1984 (1984) Author

Edward Corwin

A work that examines the original understanding of the national security provisions of the constitution

Edward Corwin, The President: Office and Powers 1787-1984

"Where an otherwise acceptable construction of a statute would raise serious constitutional problems, the Court will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of Congress."

Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council, 485 U.S. 568 (1988) (Byron White )

"Where an otherwise acceptable construction of a statute would raise serious constitutional problems, the Court will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of Congress."

Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council, 485 US 568 (1988) (Byron White)

In diversity cases, the choice of law rules of the state in which the federal court sits are not used to determine which state's substantive law governs (Please answer in Finnish)

Eipa Tietenkaan

"The marital relationship. Yet the marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child."

Eisenstadt v. Baird, 405 US 438 (1972) (William Brennan)

"I believe the manufacturer's negligence should no longer be singled out as the basis of a plaintiff's right to recover in cases like the present one. In my opinion it should now be recognized that a manufacturer incurs an absolute liability when an article that he has placed on the market, knowing that it is to be used without inspection, proves to have a defect that causes injury to human beings...Even if there is no negligence...public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market. It is evident that the manufacturer can anticipate some hazards and guard against the recurrence of others, as the public cannot. Those who suffer injury from defective products are unprepared to meet its consequences. The cost of an injury and the loss of time or health may be an overwhelming misfortune to the person injured, and a needless one, for the risk of injury can be insured by the manufacturer and distributed among the public as a cost of doing business. It is to the public interest to discourage the marketing of products having defects that are a menace to the public. If such products nevertheless find their way into the market it is to the public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the manufacture of the product, is responsible for its reaching the market. However intermittently such injuries may occur and however haphazardly they may strike, the risk of their occurrence is a constant risk and a general one. Against such a risk there should be general and constant protection and the manufacturer is best situated to afford such protection."

Escola v. Coca Cola Bottling Co., 24 Cal. 2d 453 (1944) (Traynor, J., concurring)

"The appellate jurisdiction of this court is not derived from acts of Congress. It is, strictly speaking, conferred 513*513 by the Constitution. But it is conferred with such exceptions and under such regulations as Congress shall make. ... The exception to appellate jurisdiction in the case before us, however, is not an inference from the affirmation of other 514*514 appellate jurisdiction. It is made in terms. The provision of the act of 1867, affirming the appellate jurisdiction of this court in cases of habeas corpus is expressly repealed. It is hardly possible to imagine a plainer instance of positive exception. ... It is quite clear, therefore, that this court cannot proceed to pronounce judgment in this case, for it has no longer jurisdiction of the appeal; and judicial duty is not less fitly performed by declining ungranted jurisdiction than in exercising firmly that which the Constitution and the laws confer. Counsel seem to have supposed, if effect be given to the repealing act in question, that the whole appellate power of the court, in cases of habeas corpus, is denied. But this is an error. The act of 1868 does not except from that jurisdiction any cases but appeals from Circuit Courts under the act of 1867. It does not affect the jurisdiction which was previously exercised.

Ex Parte McCardle, 74 U.S. 506 (1869) (Salmon Chase)

"Another guarantee of freedom was broken when Milligan was denied a trial by jury. The great minds of the country have differed on the correct interpretation to be given to various provisions of the Federal Constitution; and judicial decision has been often invoked to settle their true meaning; but until recently no one ever doubted that the right of trial by jury was fortified in the organic law against the power of attack. It is now assailed; but if ideas can be expressed in words, and language has any meaning, this right — one of the most valuable in a free country — is preserved to every one accused of crime who is not attached to the army, or navy, or militia in actual service."

Ex parte Milligan, 71 US 2 (1886) (David Davis)

A state's 11th amendment immunity does not bar claims against state officers for injunctive relief

Ex parte Young (1908) Holding

A work that examines the original understanding of the national security provisions of the constitution

Exchange, War Powers, 69 U. Chi. L. Rev. 1543 (2002)

David Kyvig

Explicit and Authentic Acts Amending the US Constitution 1776-1995 (1996) Author

A false imprisonment claim cannot be brought if the plaintiff was confined for a brief period of time (ex. 2 days) (Please answer in Italian)

Falso

A storekeeper does not the privilege of detaining a shoplifting suspect who the storekeeper reasonably believes may have shoplifted (Please answer in Italian)

Falso

Article IV does not give Congress general control over federal property including D.C. (Please answer in Italian)

Falso

Congress cannot confer standing on an individual or party via statute (Please answer in Italian)

Falso

Evidence can be admitted under the good faith exception to the exclusionary rule if the underlying warrant was deficient or if the affidavit was insufficient (Please answer in Italian)

Falso

Federal police cannot use fixed checkpoints to check the immigration status of drivers (Please answer in Italian)

Falso

Generally, Congress cannot attach conditions to state and local government receipt of federal funds on a voluntary basis (Please answer in Italian)

Falso

In a federal trial, the parties' representatives cannot be exempt from witness sequestration (Please answer in Italian)

Falso

Officers need to obtain a search warrant before extracting and analyzing a DNA sample that was obtained from a suspect during the booking process (Please answer in Italian)

Falso

Search warrants do not need to be based on probable cause (Please answer in Italian)

Falso

State taxpayers do not lacking standing to challenge state tax laws under federal constitutional provisions by virtue of the fact that they are taxpayers standing alone (Please answer in Italian)

Falso

The Constitution does not create SCOTUS (Please answer in Italian)

Falso

The Speech and Debate clause protects conduct that occurred prior to taking office (Please answer in Italian)

Falso

The death penalty can be imposed for raping an adult woman (Please answer in Italian)

Falso

The judges of both federal and state courts are not bound by the constitution (Please answer in Italian)

Falso

There is no safe harbor for state legislative district maps that contain districts that are roughly equal but do not adhere to strict population equality (Please answer in Italian)

Falso

"The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers; and how are the encroachments of the stronger to be prevented, or the wrongs of the weaker to be redressed, without an appeal to the people themselves, who, as the grantors of the commissions, can alone declare its true meaning, and enforce its observance? There is certainly great force in this reasoning, and it must be allowed to prove that a constitutional road to the decision of the people ought to be marked out and kept open, for certain great and extraordinary occasions. But there appear to be insuperable objections against the proposed recurrence to the people, as a provision in all cases for keeping the several departments of power within their constitutional limits."

Federalist 49 (James Madison)

"The interpretation of the laws is the proper and peculiar province of the courts."

Federalist 78 (Alexander Hamilton)

"Unless we are to embrace fatalism, legislation to a considerable extent must necessarily be based on probabilities, on hopes and fears, and not on demonstration. To meet the intricate, stubborn, and subtle problems of modern industrialism, the legislature must be given ample scope for putting its prophecies to the test of proof. But to submit legislative proposals to judicial judgment, instead of the deliberate decision of the legislature, is to submit legislative doubts instead of legislative convicitions."

Felix Frankfurter, A Note on Advisory Opinions, 37 Harv. L. Rev. 1002 (1924)

"The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions. The legislature may, by general law, authorize a military court-martial to be conducted by military judges of the Florida National Guard, with direct appeal of a decision to the District Court of Appeal, First District."

Fla. Const. art. V § 1 (Courts)

"The chief justice of the supreme court shall be chosen by a majority of the members of the court; shall be the chief administrative officer of the judicial system; and shall have the power to assign justices or judges, including consenting retired justices or judges, to temporary duty in any court for which the judge is qualified and to delegate to a chief judge of a judicial circuit the power to assign judges for duty in that circuit."

Fla. Const. art. V § 2(b) (Administration; practice procedure)

A chief judge for each district court of appeal shall be chosen by a majority of the judges thereof or, if there is no majority, by the chief justice. The chief judge shall be responsible for the administrative supervision of the court.

Fla. Const. art. V § 2(c) (Administration; practice procedure)

A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. The chief judge shall be responsible for the administrative supervision of the circuit courts and county courts in his circuit.

Fla. Const. art. V § 2(d) (Administration; practice procedure)

The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointment or election. Five justices shall constitute a quorum. The concurrence of four justices shall be necessary to a decision. When recusals for cause would prohibit the court from convening because of the requirements of this section, judges assigned to temporary duty may be substituted for justices.

Fla. Const. art. V § 3(a) (Supreme Court; organization)

"May review any decision of a district court of appeal that expressly declares valid a state statute, or that expressly construes a provision of the state or federal constitution, or that expressly affects a class of constitutional or state officers, or that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law."

Fla. Const. art. V § 3(b) (Jurisdiction)

"Shall hear appeals from final judgments of trial courts imposing the death penalty and from decisions of district courts of appeal declaring invalid a state statute or a provision of the state constitution."

Fla. Const. art. V § 3(b) (Jurisdiction)

"When provided by general law, shall hear appeals from final judgments entered in proceedings for the validation of bonds or certificates of indebtedness and shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service."

Fla. Const. art. V § 3(b) (Jurisdiction)

Amendment of a section or revision of one or more articles, or the whole, of this constitution may be proposed by joint resolution agreed to by three-fifths of the membership of each house of the legislature. The full text of the joint resolution and the vote of each member voting shall be entered on the journal of each house.

Fla. Const. art. XI § 1 (Amendment proposal by legislature)

The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian of state records a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen.

Fla. Const. art. XI § 3 (Initiatives)

"That property interest is not a monolithic, abstract concept hovering in the legal stratosphere. It is a bundle of rights in personalty, the metes and bounds of which are determined by the decisional and statutory law of the State of New York. The validity of the property interest in these possessions which respondents previously acquired from some other private person depends on New York law, and the manner in which that same property interest in these same possessions may be lost or transferred to still another private person likewise depends on New York law."

Flagg Bros., Inc. v. Brooks, 436 US 149 (1978) (William Rehnquist)

Partnership

For this item, the profit and loss is computed and allocated among the members every year and passed through to the members, who will then include their share of the profits or loss on their federal income tax return

A work that provides a discussion of Puerto Rican suffrage

Foreign in A Domestic Sense: Puerto Rico, American Expansion, and the Constitution

"In striking down capital punishment, this Court does not malign our system of government...Only in a free society could right triumph in difficult times, and could civilization record its magnificent advancement. In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute. We achieve "a major milestone in the long road up from barbarism" and join the approximately 70 other jurisdictions in the world which celebrate their regard for civilization and humanity by shunning capital punishment."

Furman v. Georgia, 408 US 238 (1972) (Marshall, J., concurring)

"The penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity."

Furman v. Georgia, 408 US 238 (1972) (Stewart, J., concurring)

"These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual."

Furman v. Georgia, 408 US 238 (1972) (Stewart, J., concurring)

A work that provides an extensive treatment of the history of Section 2 of the 14th Amendment

Gabriel Jack Chin, Reconstruction, Felon Disenfranchisement, and the Right to Vote: Did the Fifteenth Amendment Repeal Section 2 of the Fourteenth Amendment? 92 Geo. L.J. 259 (2004)

"In Reynolds, 377 U.S. at 560-61, 84 S.Ct. at 1381, the Supreme Court applied to the apportionment of state legislative seats the standard enunciated in Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964), that "the fundamental principle of representative government is one of equal representation for equal numbers of people, without regard to race, sex, economic status, or place of residence within a state." This standard derives from the constitutional requirement that members of the House of Representatives are elected "by the people," Reynolds, 377 U.S. at 560, 84 S.Ct. at 1381, from districts "founded on the aggregate number of inhabitants of each state" (James Madison, The Federalist, No. 54 at 369 (J. Cooke ed. 1961)); U.S. Const. art. I, § 2. The framers were aware that this apportionment and representation base would include categories of persons who were ineligible to vote — women, children, bound servants, convicts, the insane, and, at a later time, aliens. Fair v. Klutznick, 486 F.Supp. 564, 576 (D.D.C.1980). Nevertheless, they declared that government should represent all the people. In applying this principle, the Reynolds Court recognized that the people, including those who are ineligible to vote, form the basis for representative government. Thus population is an appropriate basis for state legislative apportionment."

Garza v. County of Los Angeles, 918 F. 2d 763 (9th Cir. 1990) (Mary Schroeder)

A work that examines felon disenfranchisement

Geneva Brown, White Man's Justice, Black Man's Grief: Voting Disenfranchisement and the Failure of the Social Contract, 10 Berkeley J. Afr. Am. L. & Pol'y (2008)

Strict scrutiny is "strict in theory but fatal in fact"

Gerald Gunther, The Supreme Court, 1971 Term - Foreward: In Search of Evolving Doctrine on a Changing Court: A Model for a Newer Equal Protection, 86 Harv. :. Rev. (1972)

A work that examines jurisdictions that allow resident aliens to vote in local elections

Gerald Neuman, We Are the People: Alien Suffrage in German and American Perspective, 13 Mich. J. Int'l L. (1992)

A work that examines jurisdictions that allow resident aliens to vote in local elections

Gerald Rosberg, Aliens and Equal Protection: Why Not the Right to Vote?, 75 Mich. L. Rev. (1977)

"The First Amendment requires that we protect some falsehood in order to protect speech that matters."

Gertz v. Robert Welch, Inc., 418 US 323 (1974) (Lewis Powell)

"Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas."

Gertz v. Robert Welch, Inc., 418 US 323 (1974) (Lewis Powell)

Invalidating a New York statute regulating navigation as violative of the Dormant Commerce Clause

Gibbons v. Ogden, 22 U.S. 1 (1824) Holding

"Commerce, undoubtedly, is traffic, but it is something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse."

Gibbons v. Ogden, 22 US 1 (1824)

"If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several States, is vested in Congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States. The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are, in this, as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied, to secure them from its abuse. They are the restraints on which the people must often rely solely, in all representative governments."

Gibbons v. Ogden, 22 US 1 (1824)

"It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution."

Gibbons v. Ogden, 22 US 1 (1824)

"The commerce of the United States with foreign nations, is that of the whole United States. Every district has a right to participate in it. The deep streams which penetrate our country in every direction, pass through the interior of almost every State in the Union, and furnish the means of exercising this right. If Congress has the power to regulate it, that power must be exercised whenever the subject exists. If it exists within the States,...then the power of Congress may be exercised within a State."

Gibbons v. Ogden, 22 US 1 (1824)

"As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said."

Gibbons v. Ogden, 22 US 1 (1824) (John Marshall)

"It has been said, that these powers ought to be construed strictly. But why ought they to be so construed? Is there one sentence in the constitution which gives countenance to this rule?"

Gibbons v. Ogden, 22 US 1 (1824) (John Marshall)

"Powerful and ingenious minds, taking, as postulates, that the powers expressly granted to the government of the Union, are to be contracted by construction, into the narrowest possible compass,...may, by a course of well digested, but refined and metaphysical reasoning, founded on these premises, explain away the constitution of our country, and leave it, a magnificent structure, indeed, to look at, but totally unfit for use. They may so entangle and perplex the understanding, as to obscure principles, which were before thought quite plain, and induce doubts where, if the mind were to pursue its own course, none would be perceived."

Gibbons v. Ogden, 22 US 1 (1824) (John Marshall)

"What do gentlemen mean, by a strict construction?...If they contend for that narrow construction which...would cripple the government, and render it unequal to the object for which it is declared to be instituted, and to which the powers given, as fairly understood, render it competent; then we cannot perceive the propriety of this strict construction, nor adopt it as the rule by which the constitution is to be expounded."

Gibbons v. Ogden, 22 US 1 (1824) (John Marshall)

"It is ancient learning that one who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all."

Glanzer v. Shepard, 233 NY 236 (1922) (Benjamin Cardozo)

"The fact that a restraint operates upon a profession as distinguished from a business is, of course, relevant in determining whether that particular restraint violates the Sherman Act. It would be unrealistic to view the practice of professions as interchangeable with other business activities, and automatically to apply to the professions antitrust concepts which originated in other areas. The public service aspect, and other features of the professions, may require that a particular practice, which could properly be viewed as a violation of the Sherman Act in another context, be treated differently."

Goldfarb v. Virginia State Bar, 421 US 773 (1975)

"But the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil. Their significance is vital not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth."

Gompers v. United States, 233 US 604 (1914) (Oliver Wendell Holmes Jr.)

The Radicalism of the American Revolution (1992) Author

Gordon Wood

"Defendants say in their brief: The duty owing from defendants to plaintiffs in the abstract will vary, under White, relative to the juxtaposition of the real world environmental encasement of the two sides. The concept of causation would seem less plastic. Briefs should be written in the English language!"

Gottreich v. San Francisco Inv. Co., 552 F. 2d 866 (9th Cir. 1977) (Ben Duniway)

"it can scarcely be deemed unreasonable for a state to decide that perpetrators of serious crimes shall not take part in electing the legislators who make the laws, the executives who enforce these, the prosecutors who must try them for further violations, or the judges who are to consider their cases. This is especially so when account is taken of the heavy incidence of recidivism and the prevalence of organized crime...a contention that the equal protection clause requires New York to allow convicted mafiosi to vote for district attorneys or judges would not only be without merit but as obviously so as anything can be."

Green v. Board of Elections, 380 F.2d 445 (2d Cir. 1967)

"But this is a case for applying the canon of construction of the wag who said, when the legislative history is doubtful, go to the statute."

Greenwood v. United States, 350 US 366 (1956) (Felix Franfurter)

"The First Amendment does not evaporate with the mere intonation of interests such as national defense, military necessity, or domestic security...In all cases where such interests have been advanced, the inquiry has been whether the exercise of First Amendment rights necessarily must be circumscribed in order to secure those interests."

Greer v. Spock, 424 US 828 (1976) (Brennan, J., dissenting)

"This Court inescapably has the duty, as the ultimate arbiter of the meaning of our Constitution, to say whether, when individuals condemned to death stand before our Bar, "moral concepts" require us to hold that the law has progressed to the point where we should declare that the punishment of death, like punishments on the rack, the screw, and the wheel, is no longer morally tolerable in our civilized society."

Gregg v. Georgia, 428 US 153 (1976) (Brennan, J., dissenting)

"It does indeed go without saying that an official, who is in fact guilty of using his powers to vent his spleen upon others, or for any other personal motive not connected with the public good, should not escape liability for the injuries he may so cause; and, if it were possible in practice to confine such complaints to the guilty, it would be monstrous to deny recovery. The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties...As is so often the case, the answer must be found in a balance between the evils inevitable in either alternative. In this instance it has been thought in the end better to leave unredressed the wrongs done by dishonest officers than to subject those who try to do their duty to the constant dread of retaliation."

Gregoire v. Biddle, 177 F. 2d 579 (2d Cir. 1949)

"To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and to give it no effect whatsoever."

Griswold v. Connecticut, 381 US 479 (1965) (Goldberg, J., concurring)

"Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a "governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms." Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The very idea is repulsive to the notions of privacy surrounding the marriage relationship."

Griswold v. Connecticut, 381 US 479 (1965) (William Douglas)

"Judicial self-restraint...will be achieved...only by continual insistence upon respect for the teachings of history, solid recognition of the basic values that underlie our society, and wise appreciation of the great roles that the doctrines of federalism and separation of powers have played in establishing and preserving American freedoms."

Griswold v. Connecticut, 381 US 479 (Harlan, J., concurring)

"We have difficulty in finding words to more clearly demonstrate the conviction we entertain that this standard has the characteristics which the Government attributes to it than does the mere statement of the text. It is true it contains no express words of an exclusion from the standard which it establishes of any person on account of race, color, or previous condition of servitude prohibited by the Fifteenth Amendment, but the standard itself inherently brings that result into existence since it is based purely upon a period of time before the enactment of the Fifteenth Amendment and makes that period the controlling and dominant test of the right of suffrage. In other words, we seek in vain for any ground which would sustain any other interpretation but that the provision, recurring to the conditions existing before the Fifteenth Amendment was adopted and the continuance of which the Fifteenth Amendment prohibited, proposed by in substance and effect lifting those conditions over to a period of time after the Amendment to make them the basis of the right to suffrage conferred in direct and positive disregard of the Fifteenth Amendment. And the same result, we are of opinion, is demonstrated by considering whether it is possible to discover any basis of reason for the standard thus fixed other than the purpose above stated. We say this because we are unable to discover how, unless the prohibitions of the Fifteenth Amendment were considered, the slightest reason was afforded for basing the classification upon a period of time prior to the Fifteenth Amendment. Certainly it cannot be said that there was any peculiar necromancy in the time named which engendered attributes affecting the qualification to vote which would not exist at another and different period unless the Fifteenth Amendment was in view."

Guinn v. United States, 238 US 347 (Edward white)

"An interest to be considered [in deciding a forum non conveniens issue] and the one likely to be most pressed, is the private interest of the litigant. Important considerations are the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive. There may also be questions as to the enforcibility of a judgment if one is obtained. The court will weigh relative advantages and obstacles to fair trial. It is often said that the plaintiff may not, by choice of an inconvenient forum, "vex," "harass," or "oppress" the defendant by inflicting upon him expense or trouble not necessary to his own right to pursue his remedy. But unless the balance is strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed."

Gulf Oil Corp. v. Gilbert, 330 US 501 (1947)

"Jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation. In cases which touch the affairs of many persons, there is reason for holding the trial in their view and reach rather than in remote parts of the country where they can learn of it by report only. There is a local interest in having localized controversies decided at home."

Gulf Oil Corp. v. Gilbert, 330 US 501 (1947)

A work that provides a subtle reading of the variety of democratic values that can be reflected in Baker v. Carr and its progeny.

Guy Uriel Charles, Constitutional Pluralism and Democratic Pluralism:Reflections on the Interpretive Approach of Baker v. Carr, 80 N.C.L. Rev. 1103 (2002)

"Our system, fostered by the Commerce Clause, is that every farmer and every craftsman shall be encouraged to produce by the Nation, that no home embargoes will withhold his exports, and no foreign state will by customs duties or regulations exclude them. Likewise, every consumer may look to the free competition from every producing area in the Nation to protect him from exploitation by any. Such was the vision of the Founders; such has been the doctrine of this Court which has given it reality."

HP Hood & Sons, Inc. v. Du Mond, 336 US 525 (1949)

"The material success that has come to inhabitants of the states which make up this federal free trade unit has been the most impressive in the history of commerce, but the established interdependence of the states only emphasizes the necessity of protecting interstate movement of goods against local burdens and repressions."

HP Hood & Sons, Inc. v. Du Mond, 336 US 525 (1949)

"This principle that our economic unit is the Nation, which alone has the gamut of powers necessary to control of the economy...has as its corollary that the states are not separable economic units."

HP Hood & Sons, Inc. v. Du Mond, 336 US 525 (1949)

"I do not suppose that civilization will come to an end whichever way this case is decided."

Haddock v. Haddock, 201 US 562 (1906) (Holmes, J., dissenting)

"Fiction always is a poor ground for changing substantial rights."

Haddock v. Haddock, 201 US 562 (Holmes, J., dissenting)

A breaching party is liable for all losses that the contracting parties should have foreseen, but is not liable for any losses that the breaching party could not have foreseen on the information available to him

Hadley & Anor v Baxendale & Ors [1854] Holding

"If it be the part of wisdom to avoid unnecessary decision of constitutional questions, it would seem to be equally so to avoid the unnecessary creation of novel constitutional doctrine, inadequately supported by the record, in order to attain an end easily and certainly reached by following the beaten paths of constitutional decision."

Hague v. Committee for Industrial Organization, 307 US 496 (1939) (Harlan Stone)

"The history of passport controls since the earliest days of the Republic shows congressional recognition of Executive authority to withhold passports on the basis of substantial reasons of national security and foreign policy. Prior to 1856, when there was no statute on the subject, the common perception was that the issuance of a passport was committed to the sole discretion of the Executive and that the Executive would exercise this power in the interests of the national security and foreign policy of the United States. This derived from the generally accepted view that foreign policy was the province and responsibility of the Executive. From the outset, Congress endorsed not only the underlying premise of Executive authority in the areas of foreign policy and national security, but also its specific application to the subject of passports. Early Congresses enacted statutes expressly recognizing the Executive authority with respect to passports."

Haig v. Agee, 453 US 280 (1981) (Warren Burger)

"Humility in this context means an alert self-scrutiny so as to avoid infusing into the vagueness of a Constitutional command one's merely private notions."

Haley v. Ohio, 332 US 596 (1948) (Felix Frankfurter)

The President's control over communications containing state secrets is absolute

Halkin v. Helms, 598 F.2d 1 (D.C. Cir. 1978)

"To justify a temporary injunction it is not necessary that the plaintiff's right to a final decision, after a trial, be absolutely certain, wholly without doubt; if the other elements are present (i. e., the balance of hardships tips decidedly toward plaintiff), it will ordinarily be enough that the plaintiff has raised questions going to the merits so serious, substantial, difficult and doubtful, as to make them a fair ground for litigation and thus for more deliberate investigation."

Hamilton Watch Co. v. Benrus Watch Co., 206 F. 2d 738 (2d Cir. 1953) (Jerome Frank)

The Eleventh Amendment bars private suits against the states even where federal jurisdiction is based on a federal question rather than diversity

Hans v. Louisiana (1890) Holding

"Discrimination! Why, that is precisely what we propose; that, exactly, is what this Convention was elected for—to discriminate to the very extremity of permissible action under the limitations of the Federal Constitution, with a view to the elimination of every [undesirable] voter who can be gotten rid of, legally, without materially impairing the numerical strength of the electorate" that supports this assembly

Harman v. Forssenius, 380 U.S. 528 (1965)

Invalidating a Virginia poll tax statute with an escape clause that allowed prospective voters to apply for a certificate establishing a place of residence in Virginia as violative of the 24th Amendment

Harman v. Forssenius, 380 U.S. 528 (1965) Holding

The National Security Constitution: Sharing Power after the Iran-Contra Affair Author

Harold Koh

A State's conditioning of the right to vote on the payment of a fee or tax violates the fundamental rights prong of he Equal Protection Clause of the Fourteenth Amendment.

Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966) Holding

"This principle we take to be this ; that so numerous and complex are the laws by which the rights and duties of citizens 'are governed, so important is it that they should be permitted to avail themselves of the superior skill and learning of those who are sanctioned by the law as its ministers and expounders, both in ascertaining their rights in the country, and maintaining them most safely in courts, without publishing those facts, which they have a right to keep secret, but which must be disclosed to a legal adviser and advocate, to enable him successfully to perform the duties of his office, that the law has considered it the wisest policy to encourage and sanction this confidence, by requiring that on such facts the mouth of the attorney shall be for ever sealed."

Hatton v. Robinson, 31 Mass. 416 (1834)

"The executive power of the State shall be vested in a governor. The governor shall be elected by the qualified voters of this State at a general election. The person receiving the highest number of votes shall be the governor. In case of a tie vote, the selection of the governor shall be determined as provided by law. The term of office of the governor shall begin at noon on the first Monday in December next following the governor's election and end at noon on the first Monday in December, four years thereafter. No person shall be elected to the office of governor for more than two consecutive full terms. No person shall be eligible for the office of governor unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for five years immediately preceding the person's election. The governor shall not hold any other office or employment of profit under the State or the United States during the governor's term of office."

Haw. Const. art. V § 1 (Establishment of the executive)

"There shall be a lieutenant governor who shall have the same qualifications as the governor. The lieutenant governor shall be elected at the same time, for the same term and in the same manner as the governor; provided that the votes cast in the general election for the nominee for governor shall be deemed cast for the nominee for lieutenant governor of the same political party. No person shall be elected to the office of lieutenant governor for more than two consecutive full terms. The lieutenant governor shall perform such duties as may be provided by law."

Haw. Const. art. V § 2 (Lieutenant Governor)

"When the office of governor is vacant, the lieutenant governor shall become governor. In the event of the absence of the governor from the State, or the governor's inability to exercise and discharge the powers and duties of the governor's office, such powers and duties shall devolve upon the lieutenant governor during such absence or disability. When the office of lieutenant governor is vacant, or in the event of the absence of the lieutenant governor from the State, or the lieutenant governor's inability to exercise and discharge the powers and duties of the lieutenant governor's office, such powers and duties shall devolve upon such officers in such order of succession as may be provided by law. In the event of the impeachment of the governor or of the lieutenant governor, the governor or the lieutenant governor shall not exercise the powers of the applicable office until acquitted."

Haw. Const. art. V § 3 (Succession to governorship; absence or disability of the governor)

The judicial power of the State shall be vested in one supreme court, one intermediate appellate court, circuit courts, district courts and in such other courts as the legislature may from time to time establish. The several courts shall have original and appellate jurisdiction as provided by law and shall establish time limits for disposition of cases in accordance with their rules.

Haw. Const. art. VI § 1 (Judicial power)

The supreme court shall consist of a chief justice and four associate justices. The chief justice may assign a judge or judges of the intermediate appellate court or a circuit court to serve temporarily on the supreme court, a judge of the circuit court to serve temporarily on the intermediate appellate court and a judge of the district court to serve temporarily on the circuit court. As provided by law, at the request of the chief justice, retired justices of the supreme court also may serve temporarily on the supreme court, and retired judges of the intermediate appellate court, the circuit courts, the district courts and the district family courts may serve temporarily on the intermediate appellate court, on any circuit court, on any district court and on any district family court, respectively. In case of a vacancy in the office of chief justice, or if the chief justice is ill, absent or otherwise unable to serve, an associate justice designated in accordance with the rules of the supreme court shall serve temporarily in place of the chief justice.

Haw. Const. art. VI § 2 (Supreme Court; Intermediate Appellate Court; Circuit Courts)

The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts, by appointing a person from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the judicial selection commission. If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. If the senate fails to reject any appointment within thirty days thereof, it shall be deemed to have given its consent to such appointment. If the senate shall reject any appointment, the governor shall make another appointment from the list within ten days thereof. The same appointment and consent procedure shall be followed until a valid appointment has been made, or failing this, the commission shall make the appointment from the list, without senate consent. The chief justice, with the consent of the senate, shall fill a vacancy in the district courts by appointing a person from a list of not less than six nominees for the vacancy presented by the judicial selection commission. If the chief justice fails to make the appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate. The senate shall hold a public hearing and vote on each appointment within thirty days of any appointment. If the senate fails to do so, the nomination shall be returned to the commission and the commission shall make the appointment from the list without senate consent. The chief justice shall appoint per diem district court judges as provided by law. The judicial selection commission shall disclose to the public the list of nominees for each vacancy concurrently with the presentation of each list to the governor or the chief justice, as applicable.

Haw. Const. art. VI § 3 (Appointment of justices and judges)

Justices and judges shall be residents and citizens of the State and of the United States, and licensed to practice law by the supreme court. A justice of the supreme court, a judge of the intermediate appellate court and a judge of the circuit court shall have been so licensed for a period of not less than ten years preceding nomination. A judge of the district court shall have been so licensed for a period of not less than five years preceding nomination. No justice or judge shall, during the term of office, engage in the practice of law, or run for or hold any other office or position of profit under the United States, the State or its political subdivisions.

Haw. Const. art. VI § 3 (Appointment of justices and judges; Qualifications for appointment)

The term of office of justices and judges of the supreme court, intermediate appellate court and circuit courts shall be ten years. Judges of district courts shall hold office for the periods as provided by law. At least six months prior to the expiration of a justice's or judge's term of office, every justice and judge shall petition the judicial selection commission to be retained in office or shall inform the commission of an intention to retire. If the judicial selection commission determines that the justice or judge should be retained in office, the commission shall renew the term of office of the justice or judge for the period provided by this section or by law. Justices and judges shall be retired upon attaining the age of seventy years. They shall be included in any retirement law of the State.

Haw. Const. art. VI § 3 (Tenure; Retirement)

There shall be a judicial selection commission that shall consist of nine members. The governor shall appoint two members to the commission. No more than one of the two members shall be a licensed attorney. The president of the senate and the speaker of the house of representatives shall each respectively appoint two members to the commission. The chief justice of the supreme court shall appoint one member to the commission. Members in good standing of the bar of the State shall elect two of their number to the commission in an election conducted by the supreme court or its delegate. No more than four members of the commission shall be licensed attorneys. At all times, at least one member of the commission shall be a resident of a county other than the City and County of Honolulu. The commission shall be selected and shall operate in a wholly nonpartisan manner. After the initial formation of the commission, elections and appointments to the commission shall be for staggered terms of six years each. Notwithstanding the foregoing, no member of the commission shall serve for more than six years on the commission. Each member of the judicial selection commission shall be a resident of the State and a citizen of the United States. No member shall run for or hold any other elected office under the United States, the State or its political subdivisions. No member shall take an active part in political management or in political campaigns. No member shall be eligible for appointment to the judicial office of the State so long as the person is a member of the judicial commission and for a period of three years thereafter. No act of the judicial selection commission shall be valid except by concurrence of the majority of its voting members. The judicial selection commission shall select one of its members to serve as chairperson. The commission shall adopt rules which shall have the force and effect of law. The deliberations of the commission shall be confidential. The legislature shall provide for the staff and operating expenses of the judicial selection commission in a separate budget. No member of the judicial selection commission shall receive any compensation for commission services, but shall be allowed necessary expenses for travel, board and lodging incurred in the performance of commission duties. The judicial selection commission shall be attached to the judiciary branch of the state government for purposes of administration.

Haw. Const. art. VI § 4 (Judicial Selection Commission)

The supreme court shall have the power to reprimand, discipline, suspend with or without salary, retire or remove from office any justice or judge for misconduct or disability, as provided by rules adopted by the supreme court. The supreme court shall create a commission on judicial discipline which shall have authority to investigate and conduct hearings concerning allegations of misconduct or disability and to make recommendations to the supreme court concerning reprimand, discipline, suspension, retirement or removal of any justice or judge.

Haw. Const. art. VI § 5 (Retirement; Removal; Discipline)

"The chief justice of the supreme court shall be the administrative head of the courts. The chief justice may assign judges from one circuit court to another for temporary service. With the approval of the supreme court, the chief justice shall appoint an administrative director to serve at the chief justice's pleasure."

Haw. Const. art. VI § 6 (Administration)

"The supreme court shall have power to promulgate rules and regulations in all civil and criminal cases for all courts relating to process, practice, procedure and appeals, which shall have the force and effect of law."

Haw. Const. art. VI § 7 (Rules)

"The power of taxation shall never be surrendered, suspended or contracted away."

Haw. Const. art. VII § 1 (Inalienable Taxing Power)

"The line must still be drawn between one welfare and another...The discretion belongs to Congress...Nor is the concept of the general welfare static. Needs that were narrow or parochial a century ago may be interwoven in our day with the well-being of the Nation. What is critical or urgent changes with the times."

Helvering v. Davis, 301 US 619 (1937) (Benjamin Cardozo)

"It is quite true...that as the articulation of a statute increases, the room for interpretation must contract; but the meaning of a sentence may be more than that of the separate words, as a melody is more than the notes, and no degree of particularity can ever obviate recourse to the setting in which all appear, and which all collectively create."

Helvering v. Gregory, 69 F. 2d 809 (2d Cir. 1934)

A work that examines the original understanding of the national security provisions of the constitution

Henry Monaghan, Presidential War-Making, 50 B.U. L. Rev. (1970)

"If the practice of attaching invalid conditions to legislative enactments were permissible, it is evident that the constitutional system of the separability of the branches of government would be placed in gravest jeopardy."

Herbert Brownell, Pardoning Power of the President, 41 Op. Att'y Gen. 230 (1955)

The Federal Courts and the Federal System Author

Herbert Wechsler and Henry Hart

"Toward Neutral Principles of Constitutional Law," 73 Harv. L. Rev. 1 (1959) Author

Herbert Weschler

Upholding various Alabama municipal regulations permitting residents of cities with independent school systems to vote in county school board elections because the city residents had a "substantial interest" in the operation of the county school system

Hogencamp v. Lee County Board of Education, 722 F.2d 720 (11th Cir. 1984); Phillips v. Andress, 634 F.2d 947 (5th Cir. 1981); Creel v. Freeman, 531 F.2d 286 (5th Cir. 1976) Holding

Rejecting 14th Amendment Equal Protection claims raised by residents seeking to vote in a municipality's elections where the residents lived inside a police jurisdiction that included the relevant municipality but outside the municipal boundaries of the city question

Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60 (1978) Holding

"A thing may be within the letter of the statute and yet not within the statute, because [it is] not within its spirit nor within the intention of its makers."

Holy Trinity Church v. United States, 143 U.S. 457 (1892) (David Brewer)

"All rights tend to declare themselves absolute to their logical extreme. Yet all in fact are limited by the neighborhood of principles of policy which are other than those on which the particular right is founded, and which become strong enough to hold their own when a certain point is reached...The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete case falls on the nearer or farther side."

Hudson County Water Co. v. McCarter, 209 US 349 (1908) (Oliver Wendell Holmes Jr.)

The Rights of War and Peace (1625) Author

Hugo Grotius

Invalidating Section 182 of the Alabama Constitution (which disenfranchised individuals convicted of any crime involving moral turpitude) because the provision was enacted with a racially discriminatory purpose

Hunter v. Underwood, 471 U.S. 222 (1985) Holding

"The Constitution of the United States was ordained, it is true, by descendants of Englishmen, who inherited the traditions of English law and history; but it was made for an undefined and expanding future, and for a people gathered and to be gathered from many nations and of many tongues...There is nothing in Magna Charta, rightly construed as a broad charter of public right and law, which ought to exclude the best ideas of all systems and of every age; and as it was the characteristic principle of the common law to draw its inspiration from every fountain of justice, we are not to assume that the sources of its supply have been exhausted. On the contrary, we should expect that the new and various experiences of our own situation and system will mould and shape it into new and not less useful forms."

Hurtado v. California, 110 US 516 (1884)

"This flexibility and capacity for growth and adaptation is the peculiar boast and excellence of the common law."

Hurtado v. California, 110 US 516 (1884)

"It is not every act, legislative in form, that is law. Law is something more than mere will exerted as an act of power...The enforcement of these limitations by judicial process...protect[s] the rights of individuals and minorities against the violence of public agents transcending the limits of lawful authority, even when acting in the name and wielding the force of the government.."

Hurtado v. California, 110 US 516 (1884) (Stanley Matthews)

"It is one of the misfortunes of the law that ideas become encysted in phrases and thereafter for a long time cease to provoke further analysis."

Hyde v. United States, 225 US 347 (1912) (Holmes, J., dissenting)

"Landowners are not bound to regulate their conduct in contemplation of the presence of trespassers intruding upon private structures. Landowners are bound to regulate their conduct in contemplation of the presence of travelers upon the adjacent public ways...Rules appropriate to spheres which are conceived of as separate and distinct cannot, both, be enforced when the spheres become concentric. There must then be readjustment or collision. In one sense, and that a highly technical and artificial one, the diver at the end of the springboard is an intruder on the adjoining lands. In another sense, and one that realists will accept more readily, he is still on public waters in the exercise of public rights. The law must say whether it will subject him to the rule of the one field or of the other, of this sphere or of that. We think that considerations of analogy, of convenience, of policy, and of justice, exclude him from the field of the defendant's immunity and exemption, and place him in the field of liability and duty."

Hynes v. New York Cent. RR 231 NY 229 (1921) (Benjamin Cardozo)

"The rights of bathers do not depend upon these nice distinctions...Jumping from a boat or a barrel, the boy would have been a bather in the river. Jumping from the end of a springboard, he was no longer, it is said, a bather, but a trespasser on a right of way. Rights and duties in systems of living law are not built upon such quicksands."

Hynes v. New York Cent. RR 231 NY 229 (1921) (Benjamin Cardozo)

Invalidating a legislative veto in the Immigration and Nationality Act

INS v. Chadha, 462 U.S. 919 (1983) Holding

"The fact that a given law or procedure is efficient, convenient, and useful in facilitating functions of government, standing alone, will not save it if it is contrary to the Constitution."

INS v. Chadha, 462 US 919 (1983) (Warren Burger)

A U.S. holder will not include her, his, or its market discount in income over the term of the debt

If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

Any positive difference between the remaining principal amount and the U.S. holder's purchase price is a market discount

If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals

If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

A U.S. holder will include her, his, or its market discount in income over the term of the debt

If a U.S. holder acquires original issue discount debt that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income

If a U.S. holder acquires original issue discount debt that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

Any positive difference between the remaining principal amount and the U.S. holder's purchase price is a market discount and the debt's remaining principal amount is the debt's revised issue price

If a U.S. holder acquires original issue discount debt that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals

If a U.S. holder acquires original issue discount debt that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, this item occurs

Qualifying dividends

If a U.S. individual holds a security for at least 61 days out of a 121 day period that begins 60 days before the ex-dividend date and receives dividends, those payments are this item

C-corporation

If a firm that has opted for S-corporation tax status loses that status, it will be treated as this item for tax purposes

5 years

If a firm that has opted for S-corporation tax status loses that status, it will not be able to reacquire that status for this item

Pay U.S. federal income tax on gain realized on the sale or disposition of common stock

If a non-U.S. holder is an individual present in the country for 183 days or more in the taxable year of a stock sale and recognizes a capital gain on the sale or disposition of common stock, she, he, or it may have to do this item

Pay U.S. federal income tax on gain realized on the sale or disposition of common stock

If a non-U.S. holder recognizes a capital gain on the sale or disposition of common stock and the gain is effectively connected with a U.S. trade or business or a tax treaty applies, she, he, or it may have to do this item

Pay U.S. federal income tax on gain realized on the sale or disposition of common stock

If a non-U.S. holder recognizes a capital gain on the sale or disposition of common stock but half or more of the issuer's assets are U.S. real property-related assets and the non-U.S. holder owns more than 5% of the shares of the issuer at any time during a five year period, she, he, or it may have to do this item

Partnership

If a private equity firm that is a limited liability corporation elects to be treated as this item, its earnings are taxed at one level and there are no restrictions on owner residency or number

Pay taxes on the gross amount

If dividends are paid out of an issuer's current and accumulated earnings and profits to a U.S. holder, the holder must do this item

Pay taxes on the gross amount (a preferential rate is applied)

If qualifying dividends are paid out an issuer's current and accumulated earnings and profits to a U.S. holder, the holder must do this item

Certain interlocutory orders

If this item is involved in a case before the Florida District Court of Appeal, the Court has discretion to hear to matter

Certified County Court orders and judgments

If this item is involved in a case before the Florida District Court of Appeal, the Court has discretion to hear to matter

Final orders from County Courts declaring a state statute or state constitutional provision unconstitutional

If this item is involved in a case before the Florida District Court of Appeal, the Court has discretion to hear to matter

Administrative action appeals that are provided by general law

If this item is involved in a case before the Florida District Court of Appeal, the Court must hear the matter

Trial court final orders that are not directly reviewable by the State Supreme Court or a Circuit Court

If this item is involved in a case before the Florida District Court of Appeal, the Court must hear the matter

A case involving a decision in direct conflict with another District Courts of Appeal opinion or a Florida Supreme Court opinion

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

A case where one of the District Courts of Appeal has sustained a State statute from constitutional challenge

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

A case where the lower court answered a certified question

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

A case where the lower court interpreted a provision of the Florida or U.S. Constitution

If this item is involved in a case before the Florida Supreme Court, the Court has discretion to hear the matter

A "final order" imposing capital punishment

If this item is involved in a case before the Florida Supreme Court, the Court must hear the matter

An appeal from final orders entered in proceedings for bond validation or an indebtedness certificate

If this item is involved in a case before the Florida Supreme Court, the Court must hear the matter

An appeal of statewide agency actions relating to electric, gas, or telephone service utility rates that are provided by general law

If this item is involved in a case before the Florida Supreme Court, the Court must hear the matter

Investors generally cannot obtain a physical certificate in bearer form

If this item is satisfied, bearer debt that is in bearer form may also be treated as registered form debt under the Hiring Incentives to Restore Employment Act

The bearer debt is cleared and settled using a book entry system

If this item is satisfied, bearer debt that is in bearer form may also be treated as registered form debt under the Hiring Incentives to Restore Employment Act

The bearer debt is held by a depository on behalf of the holders

If this item is satisfied, bearer debt that is in bearer form may also be treated as registered form debt under the Hiring Incentives to Restore Employment Act

The bearer debt takes the form a single document representing the total debt issued

If this item is satisfied, bearer debt that is in bearer form may also be treated as registered form debt under the Hiring Incentives to Restore Employment Act

The debt is held in a dematerialized book entry system

If this item is satisfied, bearer debt that is in bearer form may also be treated as registered form debt under the Hiring Incentives to Restore Employment Act

A case rejecting claims by citizens living in Puerto Rico that the failure to provide the Commonwealth with presidential electoral votes violates the constitution

Igartua De La Rosa v. United States, 229 F.3d 80 (1st Cir. 2000)

A case rejecting claims by citizens living in Puerto Rico that the failure to provide the Commonwealth with presidential electoral votes violates the constitution

Igartua De La Rosa v. United States, 417 F.3d 145 (1st Cir. 2005)

Enter orders on procedural matters in the case

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, after the appellate record has been filed, a participating attorney can petition the State Supreme Court to do this item

Correct clerical errors in judgments, decrees, or other parts of the record, sua sponte, or on a party's motion

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter orders on procedural matters in the case

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Concurrent jurisdiction

In Florida District Court of Appeal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court retains this item

Consider motions to correct a sentence

In Florida District Court of Appeal criminal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Consider motions to modify a sentence

In Florida District Court of Appeal criminal cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter and enforce orders awarding funds necessary to protect the welfare and rights of any party pending appeal so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter and enforce orders awarding separate maintenance so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Enter and enforce orders awarding temporary attorneys' fees and costs reasonably necessary to prosecute or defend an appeal so long as the receipt, payment, or transfer of funds or property under an order in a domestic appeal does not prejudice another party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

Impose, modify, or dissolve payment receipt conditions to protect a party's rights

In Florida District Court of Appeal domestic relations cases that have been appealed to the Florida Supreme Court, before the appellate record has been filed, the lower court can do this item

A statute is amended or repealed

In Florida, a case can become moot if this item occurs

Circumstances change

In Florida, a controversy may not be sufficiently concrete if this item occurs

The judgment is voluntarily paid

In Florida, a controversy may not be sufficiently concrete if this item occurs

The statute cannot be applied retroactively

In Florida, this is the default rule if a statute attempts to divest an appellate court of jurisdiction over a matter after the court has acquired appellate jurisdiction

Appeal notice

In cases before the Virginia Court of Appeals that involve mandatory appeals, this item should be provided to the Court

Filing fee

In cases before the Virginia Court of Appeals that involve mandatory appeals, this item should be provided to the Court

Appeal bond

In cases before the Virginia Court of Appeals that involve mandatory appeals, this item should be provided to the lower court

File one appeal notice and record

In cases before the Virginia Court of Appeals, counsel can do this to appeal two or more cases that were tried together in the lower court

Mark the filing date as the date the judgment or order was rendered

In cases before the Virginia Court of Appeals, if the appeal notice is filed before the disputed judgment or order is entered, the clerk will do this item

Bar ID Number

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Counsel name

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Email address

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Law firm name

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Mail address

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Party names

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Service certificate

In cases before the Virginia Court of Appeals, the appeal notice should include this item

Telephone number

In cases before the Virginia Court of Appeals, the appeal notice should include this item

File a statement of facts

In cases before the Virginia Court of Appeals, the appeal notice should state if counsel intends to do this item

Cases that are on rehearing and certain matters prescribed by statute

In cases before the Virginia Court of Appeals, this category of cases receives priority in docketing

Criminal appeals

In cases before the Virginia Court of Appeals, this category of cases receives priority in docketing

Original jurisdiction cases

In cases before the Virginia Court of Appeals, this category of cases receives priority in docketing

Severed appeal notice

In cases before the Virginia Court of Appeals, this item should be provided to the opposing counsel at the start of the appeal

Bien sur que non

In general, it is relatively easy for a firm to change its tax status from that of a C-corporation to a partnership (Please answer in French)

Certamente

In general, it is relatively easy for a firm to change its tax status from that of a partnership to a C-corporation (Please answer in Portuguese)

Original issue discount

In private equity law this item is the difference a debt instrument's stated redemption price at maturity and the debt instrument's issue price

Reduce the original issue discount includible in income every year by the amount of the premium that is allocated to that year

In private equity law, if a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, the issuer must do this item

The issuer has acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity

In private equity law, if a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, this item has occurred

The gain is subject to U.S. federal income tax

In private equity law, if a gain is recognized on the sale, exchange, or retirement of debt for a non-U.S. debt holder and the gain is effectively connected with a U.S. trade or business, this item occurs

The gain is subject to U.S. federal income tax

In private equity law, if a gain is recognized on the sale, exchange, or retirement of debt for a non-U.S. debt holder and the non-U.S. holder is an individual present in the U.S. for 183 days or more in the taxable year of the sale, exchange, or retirement, this item occurs

The gain is not subject to U.S. federal income tax

In private equity law, if a gain is recognized on the sale, exchange, or retirement of debt for a non-U.S. debt holder, this item occurs

File a claim with the IRS and submit IRS Forms W-8BEN, W-8BEN-E, or W-8ECI to the person through which the non-U.S. holders holds the security.

In private equity law, if a non-U.S. holder cannot claim the portfolio interest exemption for purchases of debt securities sold by U.S. holders but can claim a reduced rate under an income tax treaty, the holder must do this item

The issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E

In private equity law, if a non-U.S. holder cannot claim the portfolio interest exemption for purchases of debt securities sold by U.S. holders but can claim a reduced rate under an income tax treaty, the issuer must do this item

The non-U.S. holder must pay federal income tax on a net income basis on income, interest, and capital gains that are effectively connected with the conduct of that U.S. trade or business

In private equity law, if a non-U.S. holder cannot claim the portfolio interest exemption for purchases of debt securities sold by U.S. holders but can show that the interest is effectively connected with the non-U.S. holder's U.S. trade or business, the holder must do this item

She, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI

In private equity law, if a non-U.S. holder cannot claim the portfolio interest exemption for purchases of debt securities sold by U.S. holders, the holder must do this item

Backup withholding requirements

In private equity law, if a non-U.S. holder provides the issuer with documentation confirming its non-U.S. status, payments of principal, interest, or the original issue discount on a debt instrument are not subject to this item

The sum can be credited against the general 30% withholding tax

In private equity law, if an amount is withheld under the Foreign Account Tax Compliance Act, this item occurs

Report the proceeds payment

In private equity law, if an issuer receives income from the sale of a debt instrument outside the U.S. and the issuer conducts the sale through a foreign office with a U.S. broker, the issuer must do this item

Report the proceeds payment

In private equity law, if an issuer receives income from the sale of a debt instrument outside the U.S. and the issuer derives 50% or more of its gross income in specified periods from the conduct of trade or business in the U.S., the issuer must do this item

Report the proceeds payment

In private equity law, if an issuer receives income from the sale of a debt instrument outside the U.S. and the issuer is a controlled foreign corporation, the issuer must do this item

Report the proceeds payment

In private equity law, if an issuer receives income from the sale of a debt instrument outside the U.S. and the issuer is a foreign partnership that at any time during the taxable year either was engaged in a U.S. trade or business, the issuer must do this item

Report the proceeds payment

In private equity law, if an issuer receives income from the sale of a debt instrument outside the U.S. and the issuer is a foreign partnership that was staffed by one or more partners who were U.S. persons who in the aggregate hold more than 50% of the partnership's income or capital interests, the issuer must do this item

The issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E

In private equity law, if dividends are paid out of an issuer's current and accumulated earnings and profits to a non-U.S. holder, the issuer must do this item

The holder can elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income

In private equity law, if the issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market at a premium, she, he, or it can do this item

The holder can include the premium in the bond's basis which may result in the recognition of a deductible capital loss once the debt matures

In private equity law, if the issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market at a premium, she, he, or it can do this item

The issuer has purchased the debt at a premium

In private equity law, if the issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, this item has occurred

C-corporation

In private equity law, the default presumption is that a firm that is organized as a corporation under the laws of any State is this item

Most non-U.S. holders

In private equity law, the portfolio interest exemption for purchases of debt securities sold by U.S. holders can usually be claimed by this item

A person that actually or constructively owns ten percent or more of the total combined voting power of all stock classes with voting rights

In private equity law, the portfolio interest exemption for purchases of debt securities sold by U.S. holders cannot be claimed by this item

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to dividends paid by a U.S. issuer if the dividend is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) a foreign financial institution that has been deemed compliant

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to dividends paid by a U.S. issuer if the dividend is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) an exempt beneficial owner or a non-financial foreign entity that is not exempt from the item's requirements and does not meet the item's reporting requirements

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to dividends paid by a U.S. issuer if the dividend is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) is not an excepted foreign financial institution

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to interest paid by a U.S. issuer if the interest is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) a foreign financial institution that has been deemed compliant

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to interest paid by a U.S. issuer if the interest is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) an exempt beneficial owner or a non-financial foreign entity that is not exempt from the item's requirements and does not meet the item's reporting requirements

Foreign Account Tax Compliance Act

In private equity law, this item applies a 30% withholding tax to interest paid by a U.S. issuer if the interest is paid to a foreign financial institution that (1) does not meet this item's information reporting requirements and (2) is not an excepted foreign financial institution

IRS Form 1099

In private equity law, when it comes to U.S. debt holders, this item must be filed for payments of principal, interest, the original issue discount, and sale proceeds unless the U.S. holder establishes that it is a corporation or another exempt recipient

Increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income

In private equity law, when it comes to U.S. debt offerings, if a U.S. holder holds payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, the holder may have to perform this item

She, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity

In private equity law, when it comes to U.S. debt offerings, if a U.S. holder holds payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, the holder may have to perform this item

The interest is taxable to a U.S. holder as ordinary interest income at the time the interest is accrued if the holder is on an accrual accounting method

In private equity law, when it comes to U.S. debt offerings, if interest payments that are qualified stated interest and the entity is a U.S. holder in possession of payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount , this item occurs

The interest is taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method

In private equity law, when it comes to U.S. debt offerings, if interest payments that are qualified stated interest and the entity is a U.S. holder in possession of payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, this item occurs

Interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is accrued if the holder is using a accrual method

In private equity law, when it comes to U.S. debt offerings, if the debt qualifies as a variable rate debt instrument and pays interest at a single qualified floating rate or objective rate at least once every year, this item occurs

Interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method

In private equity law, when it comes to U.S. debt offerings, if the debt qualifies as a variable rate debt instrument and pays interest at a single qualified floating rate or objective rate at least once every year, this item occurs

Interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is accrued if the holder is using a accrual method

In private equity law, when it comes to U.S. debt offerings, if the debt returns a fixed rate or a floating rate and was issued without an original issue discount, this item occurs

Interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method

In private equity law, when it comes to U.S. debt offerings, if the debt returns a fixed rate or a floating rate and was issued without an original issue discount, this item occurs

Commercial paper rate notes

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

Debt that varies with the London Inter Bank Offering Rate

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

Federal fund rate notes

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

Treasury rate notes

In private equity law, when it comes to U.S. debt offerings, this item is treated as a variable rate debt instrument

Request that the amount be refunded

In private equity law,, if a non-U.S. holder wants to claim an exemption from the 30% withholding tax under the Foreign Account Tax Compliance Act but some income is withheld as backup withholding, the non-U.S. holder can do this item

The amount can be credited against a holder's U.S. federal income tax liability

In private equity law,, if a non-U.S. holder wants to claim an exemption from the 30% withholding tax under the Foreign Account Tax Compliance Act but some income is withheld as backup withholding, the non-U.S. holder can do this item

Certify that it is not subject to backup withholding

In private equity law,, if a non-U.S. holder wants to claim an exemption from the 30% withholding tax under the Foreign Account Tax Compliance Act, it must perform this item

Provide an accurate taxpayer ID number on IRS Form W-9

In private equity law,, if a non-U.S. holder wants to claim an exemption from the 30% withholding tax under the Foreign Account Tax Compliance Act, it must perform this item

Request that the amount be refunded

In private equity law,, if dividends are paid out of an issuer's current and accumulated earnings and profits to a non-U.S. holder and the holder withholds an amount in excess of the amount required by an applicable treaty, the holder can do this item

Pay taxes on a net income basis on income attributable to that permanent establishment

In private equity law,, if dividends are paid out of an issuer's current and accumulated earnings and profits to a non-U.S. holder but the non-U.S. holder is carrying on a U.S. business or trade through a permanent establishment, the non-U.S. holder may have to do this item

Pay federal income tax on a net income basis on income, dividends, and capital gains that, again, are effectively connected with the conduct of the U.S. trade or business

In private equity law,, if dividends are paid out of an issuer's current and accumulated earnings and profits to a non-U.S. holder but the non-U.S. holder is carrying on a U.S. business or trade, the payments are effectively connected with the conduct of the U.S trade or business, and the non-U.S. holder has completed IRS form W-8ECI, the non-U.S. holder must do this item

They are not subject to the general federal withholding dividend tax

In private equity law,, if dividends are paid out of an issuer's current and accumulated earnings and profits to a non-U.S. holder but the non-U.S. holder is carrying on a U.S. business or trade, the payments are effectively connected with the conduct of the U.S trade or business, and the non-U.S. holder has completed IRS form W-8ECI, this item describes the tax status of the dividends

"Constitutional provisions do not change, but their operation extends to new matters as the modes of business and the habits of life of the people vary with each succeeding generation."

In re Debs, 158 US 564 (1895) (David Brewer)

"In all candor, the Court fails to perceive any reason for suspending the power of courts to get evidence and rule on questions of privilege in criminal matters simply because it is the President of the United States who holds the evidence."

In re Subpoena to Nixon, 360 F. Supp. 1 (D.D.C. 1973) (John Sirica)

Abuse of discretion

In the Delaware Supreme Court, if a judgment relief determination is challenged on review, this item is the standard of review

Was the finding supported by evidence

In the Delaware Supreme Court, if a jury made the disputed factual determination and that determination is challenged on review, this item is the standard of review

Abuse of discretion

In the Delaware Supreme Court, if a new trial motion determination is challenged on review, this item is the standard of review

Abuse of discretion

In the Delaware Supreme Court, if a remittitur motion determination is challenged on review, this item is the standard of review

Abuse of discretion

In the Delaware Supreme Court, if a summary judgment motion that was certified for interlocutory appeal is challenged on review, this item is the standard of review

Abuse of discretion

In the Delaware Supreme Court, if an additur motion determination is challenged on review, this item is the standard of review

De novo

In the Delaware Supreme Court, if the challenged lower court action concerns a motion for judgment on the pleadings, this is the standard of review

Was there sufficient support for the findings in the record and were the facts were found through an orderly and logical deductive process

In the Delaware Supreme Court, if the lower court made the disputed factual determination and that determination is challenged on review, this item is the standard of review

Was there sufficient support for the findings in the record and were the facts were found through an orderly and logical deductive process

In the Delaware Supreme Court, if the lower court made the disputed factual determination based on inferences or deductions and that determination is challenged on review, this item is the standard of review

Point of order

In the Senate, this item cannot be made after a vote has begun

Point of order

In the Senate, this item cannot be made during a quorum call

The mean observation of Variable X

In the sample covariance equation, X0 is this item

The ith observation of Variable X

In the sample covariance equation, XI is this item

The mean observation of Variable Y

In the sample covariance equation, Y0 is this item

The ith observation of Variable Y

In the sample covariance equation, YI is this item

Sample Correlation Coefficient

In the sample covariance equation, covariance divided by the product of the standard deviations of the two variables is this item

Sample Size

In the sample covariance equation, n is this item

Qualified stated interest

Interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate

Cass Sunstein

Interpreting Statutes in the Regulatory State, 101 Harv. L. Rev. 405 (1989)

"A judgment may be a merger or bar, or it may be an estoppel. For the first, the cause of action must be the same; for the second, they may be as different as possible. On the other hand, the merger or bar extends, not only to all matters pleaded, but to all that might have been, while the estoppel extends only to facts decided and necessary to the decision. All this is very old law."

Irving Nat. Bank v. Law, 10 F. 2d 721 (2d Cir. 1926)

The Shaping of Southern Politics: Suffrage Restrictions and the Establishment of the One-Party South 1880-1910 (1974) Author

J. Morgan Kousser

A work that documents the adoption of state constitutions in the Deep South with disenfranchising voter provisions passed from 1890-1908

J. Morgan Kousser, The Shaping of Southern Politics: Suffrage Restrictions and the Establishment of the One-Party south 1880-1910 (1974)

Political Representation in England and the Origins of the American Republic (1966) Author

J.R. Pole

"When Madison discussed the problem of interests in the tenth number of the Federalist he was occupied immediately with the problem of so dividing the government as to resist the formation of political parties. No doubt influenced by his great Irish fellow Whig, Burke, Madison anticipated the division of the country into conflicting and competing economic interests, and maintained that the chief cause of conflict would be between those with and those without property. The political organization of these interests he called factions, a disparaging name for parties - but he hoped that parties would merely come and go as their temporary objects dictated. By an irony which he himself cannot have either anticipated or enjoyed, Madison himself soon became one of the leading agents in the process by which interested were consolidated into parties."

J.R., Political Representation in England and the Origins of the American Republic (1966)

Original Meanings Author

Jack Rakove

"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it."

Jacobellis v. Ohio, 378 US 184 (1964) (Stewart, J., concurring)

The Bill of Rights Primary Drafter in the 1st Congress

James Madison

The Federalist Papers Author

James Madison, Alexander Hamilton, and John Jay

"Ambition must be made to counteract ambition...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. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."

James Madison, The Federalist No. 51

A work that examines jurisdictions that allow resident aliens to vote in local elections

Jamin Raskin, Legal Aliens, Local Citizens: The Historical, Constitutional, and Theoretical Meanings of Alien Suffrage, 141 U. Pa. L. Rev. (1993)

A work that examines the original understanding of the national security provisions of the constitution

Jane Stromseth, Understanding Constitutional War Powers Today: Why Methodology Matters, 106 Yale L.J. (1996)

A work that documents the adoption of voter registration systems in the United States to bar immigrants and ethnic minorities from the polls

Jason P.W. Halperin, A Winner at the Polls: A Proposal for Mandatory Voter Registration, 3 N.Y.U. J. Legis. & Pub. Pol'y (1999/2000)

"When American city dwellers, both rich and poor, seek "shelter" today, they seek a well known package of goods and services — a package which includes not merely walls and ceilings, but also adequate heat, light and ventilation, serviceable plumbing facilities, secure windows and doors, proper sanitation, and proper maintenance."

Javins v. First National Realty Corporation, 428 F. 2d 1071 (D.C. Cir. 1970) (J. Skelly Wright)

A party attacking a director or officer's action must rebut the presumption provided by the business judgment rule (Please answer in Swedish)

Javisst

An action for malicious prosecution can be brought only if the defendant instituted the action with an improper purpose (Please answer in Swedish)

Javisst

Congress has plenary power over foreign commerce (Please answer in Swedish)

Javisst

Formally, the parties to a civil legal proceeding cannot collude to get standing or waive the standing requirement (Please answer in Swedish)

Javisst

Generally, the Dormant Commerce Clause restricts states from imposing burdens on interstate commerce or discriminating against interstate commerce (Please answer in Swedish)

Javisst

Movement triggered by a seizure can not satisfy the intentional tort volitional act requirement. (Please answer in Swedish)

Javisst

Police on the street can go arrest an individual for an offense in that individual's house if they have an arrest warrant and reason to believe that the suspect is in the house (Please answer in Swedish)

Javisst

States can impose indirect and nondiscriminatory taxes on federal employees in a state so long as the tax does not treat the federal employees differently than other taxpayers (Please answer in Swedish)

Javisst

The 1st Amendment does not protect press members from complying with generally applicable laws that further compelling state interests (Please answer in Swedish)

Javisst

The 24th Amendment and Voting Rights Act outlaw poll taxes (Please answer in Swedish)

Javisst

The commerce clause extends to the instrumentalities of interstate commerce (Please answer in Swedish)

Javisst

To win on a false imprisonment claim, the confined person must be conscious of the confinement or be harmed by the confinement (Please answer in Swedish)

Javisst

United States v. O'Brien applies to regulations that cover expressive conduct (Please answer in Swedish)

Javisst

Victims can be exempt from witness sequestration (Please answer in Swedish)

Javisst

When it comes to assault torts, defense of property is a defense. (Please answer in Swedish)

Javisst

"As I read the cases, there has been a steady effort in law toward establishing a greater appreciation of human life and a higher responsibility on the part of people toward other people. This advance has not been continuous or regular, but important decisions have been rendered which hold the development on its course, and although from time to time a decision seems to retard this progress, in the main the responsibility toward increased care has gained considerably. Particularly is this true where children may be the potential victims of negligence and want of care....The spontaneity of children in responding to invitation to play, without calculating the risk, is as well known as the sequence of the seasons or the regularity with which night follows day. It is not an imponderable, or a matter of speculation. It is simply fact."

Jennings v. Glen Alden Coal Co., 369 Pa. 532 (1952) (Musmanno, J., dissenting)

A defendant can be liable for a physical invasion of a landowner's real property even if the defendant has not actually entered the property (Please answer in Czech)

Jiste

A trespass action can be brought if the tortfeasor's license to remain on the property expires and she or he remains (Please answer in Czech)

Jiste

The transferred intent doctrine applies to an action for trespass (Please answer in Czech)

Jiste

The Province of Jurisprudence Determined Author

John Austin

"Does it not often happen that a man of ordinary capacity very well understands a text or a law that he reads, till he consults an expositor, or goes to counsel; who, by the time he has explained them, makes the words signify either nothing at all, or what he pleases?"

John Locke, An Essay Concerning Human Understanding (1689)

A work that argues that the blurring of judicial and legislative functions in premodern England explains the embrace of judicial policymaking

John Manning, Textualism and the Equity of the Statute, 101 Colum. L. Rev. (2001)

A work that argues that the distinction between interpretation and construction is conceptually and historically unfounded

John McGinnis and Michael Rappaport, Original Methods Originalism: A New Theory of Interpretation and the Case Against Construction, 103 Nw. U. L. Rev. (2009)

Six Amendments: How and Why We Should Change the Constitution Author

John Paul Stevens

"On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered an ample field to the ambition and enterprise of all; and the character and religion of its inhabitants afforded an apology for considering them as a people over whom the superior genius of Europe might claim an ascendency...But, as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves. This principle was, that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession."

Johnson v. M'Intosh, 21 U.S. 543 (1823)

"The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before."

Johnson v. United States, 163 F. 30 (1st Cir. 1908) (Oliver Wendell Holmes Jr.)

Debates in the Several State Conventions on the Adoption of the Federal Constitution (1888) Author

Jonathan Elliot

"At the very least, the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy whatever a white man can buy, the right to live wherever a white man can live. If Congress cannot say that being a free man means at least this much, then the Thirteenth Amendment made a promise the Nation cannot keep."

Jones v. Alfred H. Mayer Co., 392 US 409 (1968)

"When racial discrimination herds men into ghettos and makes their ability to buy property turn on the color of their skin, then it too is a relic of slavery."

Jones v. Alfred H. Mayer Co., 392 US 409 (1968)

A work that argues that democracy is best understood as a system in which organized political parties compete to control state power, and in which voters are largely confined to the role of casting retrospective judgment on the performance of the party that controls the government

Joseph Schumpeter, Capitalism, Socialism, and Democracy (1950)

"All legislative language is ambiguous and usually susceptible of several reasonable readings."

Joseph Witherspoon, administrative Discretion to Determine Statutory Meaning: The High Road, 35 Tex. L. Rev. (1956)

Robert Katzmann

Judging Statutes Author

Frank Easterbrook

Judicial Discretion in Statutory Interpretation, 57 Okla. L. Rev. 1 (2004) Author

David Shapiro

Jurisdiction and Discretion, 60 N.Y.U. L. Rev. 543 (1985) Author

Ronald Dworkin

Justice of Hedgehogs (2011) Author

Henry Abraham

Justices and Presidents:A Political History of Appointments to the Supreme Court (1992) Author

"The Constitution as an Institution," Columbia Law Review (1934) Author

Karl Llewellyn

A Realistic Jurisprudence—The Next Step" 30 Colum. L. Rev. 431 (1930) Author

Karl Llewellyn

Constitutional Construction Author

Keith E. Whittington

Constitutional Interpretation Author

Keith E. Whittington

In some states, a litigant seeking to pierce the corporate veil must show that the firm lacked an existence separate from that of its members and that failure to pierce would be unjust (Please answer in Turkish)

Kesinlik le

When a court pierces the veil, all shareholders, members, or partners of the firm are personally liable in the action (Please answer in Turkish)

Kesinlik le

"The remedies of injured consumers ought not to be made to depend upon the intricacies of the law of sales. The obligation of the manufacturer should not be based alone upon privity of contract. It should rest, as was once said, upon "the demands of social justice."

Ketterer v. Armour & Co. 200 F. 322 (S.D.N.Y. 1912) (Walter Noyes)

Concluding that a state 1967 congressional redistricting statute with a 2.84% deviation below and 3.13% deviation above population equality violated Art. I, § 2.

Kirkpatrick v. Preisler, 394 U.S. 526 (1969) (Justice Brennan Opinion Conclusion)

"It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can."

Korematsu v. United States, 323 US 214 (1944)

"Once a judicial opinion rationalizes such an order to show that it conforms to the Constitution, or rather rationalizes the Constitution to show that the Constitution sanctions such an order, the Court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting American citizens. The principle then lies about like a loaded weapon ready for the hand of any authority that can bring forward a plausible claim of an urgent need."

Korematsu v. United States, 323 US 214 (1944) (Jackson, J., dissenting)

Invalidating a New York statute that limited the right to vote in certain school district elections to residents who were otherwise eligible to vote in state and federal elections may vote in the school district election only if they owned (or lease) taxable real property within the district, or were parents (or had custody of) children enrolled in the local public schools as violative of the 14th Amendment's Equal Protection Clause

Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969) Holding

"Consideration is as much a form as a seal."

Krell v. Codman, 28 N.E. 578 (1891)

A work that argues that john Marshall's underlying rationale for judicial review assumed the existence of an understandable and legally applicable text

Lackland Bloom Jr., Methods of Interpretation: How the Supreme Court Reads the Constitution (2009)

A case declining to require the Commerce Secretary and Census Director to enforce the representation reducing provisions of section 2 of the 14th Amendment

Lampkin v. Connor, 360 F. 2d 505 (D.C. Cir. 1966)

"The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance."

Landis v. North American Co., 299 US 248 (1936)

Invalidating an Oklahoma election statute that employed a grandfather clause that accepted registered voters from April 30, 1916 to May 11, 1916 as a way to circumvent the holding in Guinn v. United States as violative of the 15th Amendment

Lane v. Wilson, 307 U.S. 268 (1939) Holding

"The Amendment nullifies sophisticated as well as simple-minded modes of discrimination. It hits onerous procedural requirements which effectively handicap exercise of the franchise by the colored race although the abstract right to vote may remain unrestricted as to race. When in Guinn v. United States, the Oklahoma "grandfather clause" was found violative of the Fifteenth Amendment, Oklahoma was confronted with the serious task of devising a new registration system consonant with her own political ideas but also consistent with the Federal Constitution. We are compelled to conclude, however reluctantly, that the legislation of 1916 partakes too much of the infirmity of the "grandfather clause" to be able to survive."

Lane v. Wilson, 307 US 268 (1939) (Felix Frankfurter)

"This case is very different from Giles v. Harris — the difference having been explicitly foreshadowed by Giles v. Harris itself. In that case this Court declared "we are not prepared to say that an action at law could not be maintained on the facts alleged in the bill." That is precisely the basis of the present action, brought under...Whosoever "under color of any statute" subjects another to such discrimination thereby deprives him of what the Fifteenth Amendment secures and, under § [1983] becomes "liable to the party injured in an action at law." The theory of the plaintiff's action is that the defendants, acting under color of [the Oklahoma statute], did discriminate against him because that Section inherently operates discriminatorily. If this claim is sustained his right to sue under [§ 1983] follows. The basis of this action is inequality of treatment though under color of law, not denial of the right to vote.

Lane v. Wilson, 307 US 268 (1939) (Felix Frankfurter)

"We believe that the opportunity thus given negro voters to free themselves from the effects of discrimination to which they should never have been subjected was too cabined and confined. The restrictions imposed must be judged with reference to those for whom they were designed. It must be remembered that we are dealing with a body of citizens lacking the habits and traditions of political independence and otherwise living in circumstances which do not encourage initiative and enterprise."

Lane v. Wilson, 307 US 268 (1939) (Felix Frankfurter)

The People Themselves Author

Larry Kramer

"Americans in the past always came to the same conclusion: that it was their right, and their responsibility, as republican citizens to say finally what the Constitution means. Are we still prepared to insist on our prerogative to control the meaning of our Constitution."

Larry Kramer, The People Themselves: Popular Constitutionalism and Judicial Review (2004)

American Constitutional Law Author

Larry Tribe

On Reading the Constitution Author

Larry Tribe

The Invisible Constitution Author

Larry Tribe

Uncertain Justice: The Roberts Court and the Constitution Author

Larry Tribe

A State may use a literacy test as a qualification for voters provided it is applied equally to all and is not intended to discriminate

Lassiter v. Northampton County Board of Elections, 360 U.S. 45 (1959) Holding

A work that provides a discussion of Native American voting rights

Laughlin McDonald, American Indians and the Fight for Equal Voting Rights (2010)

Jerome Frank

Law and the Modern Mind Author

A History of American Law Author

Lawrence Friedman

American Law in the 20th Century Author

Lawrence Friedman

Law in Action: A Socio-Legal Reader Author

Lawrence Friedman

"Many sages...have spoken on [statutory construction], and I do not know that it has gotten us very much further."

Learned Hand, Proceedings in Commemoration of Fifty Years of Federal Judicial Service, 246 F.2d (1959)

Patrick Schiltz

Legal Ethics in Decline: The Elite Law Firm, the Elite Law School, and the Moral Formation of the Novice Attorney, 82 MInn. L. Rev. 705 (1998) Author

Frank Easterbrook

Legal Interpretation and the Power of the Judiciary, 7 Harv. J. L. Pub. Pol'y 87 (1984) Author

No Constitutional Right to be Ladies (1998) Author

Linda Kerber

A work that documents cohesive voting among women in early 19th century New Jersey and legislative withdrawal of the franchise on the basis of sex shortly thereafter

Linda Kerber, No Constitutional Right to be Ladies (1998)

"The purpose of a contract is to place the risks of performance upon the promisor, and the relation of the parties, terms of the contract, and circumstances surrounding its formation must be examined to determine whether it can be fairly inferred that the risk of the event that has supervened to cause the alleged frustration was not reasonably foreseeable. If it was foreseeable there should have been provision for it in the contract, and the absence of such a provision gives rise to the inference that the risk was assumed."

Lloyd v. Murphy, 25 Cal. 2d 48 (1944) (Roger Traynor)

"General propositions do not decide concrete cases. The decision will depend on a judgment or intuition more subtle than any articulate major premise."

Lochner v. New York, 198 US 45 (1905) (Holmes, J., dissenting)

"The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics"

Lochner v. New York, 198 US 45 (1905) (Holmes, J., dissenting)

New York State's regulation of the working hours of bakers was not a justifiable restriction on the right of freedom of contract under the Fourteenth Amendment's Due Process Clause

Lochner v. New York, 198 US 45 (1905) Holding

"It may be added, that the term "probable cause," according to its usual acceptation, means less than evidence which would justify condemnation...It imports a seizure made under circumstances which warrant suspicion."

Locke v. United States, 11 US 339 (1813) (John Marshall)

Rejecting a dormant commerce clause challenge to a state statute that required trains making interstate trips that run through the state to separate passengers on the basis of race and incur the expense of separate but equal facilities while in the state

Louisville, New Orleans & Texas Railway Co. v. Mississippi, 133 US 587 (1890) Holding

"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."

Loving v. Virginia, 388 US 1 (1967) (Earl Warren)

"The dichotomy between personal liberties and property rights is a false one. Property does not have rights. People have rights. The right to enjoy property without unlawful deprivation, no less than the right to speak or the right to travel, is in truth a "personal" right, whether the "property" in question be a welfare check, a home, or a savings account. In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other."

Lynch v. Household Finance Corp., 405 US 538 (1972) (Potter Stewart)

"The maker of this car supplied it for the use of purchasers from the dealer just as plainly as the contractor in Devlin v. Smith supplied the scaffold for use by the servants of the owner. The dealer was indeed the one person of whom it might be said with some approach to certainty that by him the car would not be used. Yet the defendant would have us say that he was the one person whom it was under a legal duty to protect. The law does not lead us to so inconsequent a conclusion. Precedents drawn from the days of travel by stage coach do not fit the conditions of travel to-day. The principle that the danger must be imminent does not change, but the things subject to the principle do change. They are whatever the needs of life in a developing civilization require them to be."

MacPherson v. Buick Motor Co.,217 N.Y. 382 (1916) (Benjamin Cardozo)

"We have put aside the notion that the duty to safeguard life and limb, when the consequences of negligence may be foreseen, grows out of contract and nothing else. We have put the source of the obligation where it ought to be. We have put its source in the law."

MacPherson v. Buick Motor Co.,217 N.Y. 382 (1916) (Benjamin Cardozo)

Rejecting a 14th Amendment Equal Protection Clause challenge to a Virginia state redistricting plan where the maximum percentage deviation from the ideal was 16.4%.

Mahan v. Howell, 410 U.S. 315 (1973) (Justice Rehnquist Opinion Conclusion)

"This Court first recognized that the Equal Protection Clause requires both houses of a bicameral state legislature to be apportioned substantially on a population basis in Reynolds v. Sims..In so doing, it suggested that in the implementation of the basic constitutional principle -- equality of population among the districts -- more flexibility was constitutionally permissible with respect to state legislative reapportionment than in congressional redistricting...Consideration was given to the fact that, almost invariably, there is a significantly larger number of seats in state legislative bodies to be distributed within a State than congressional seats, and that, therefore, it may be feasible for a State to use political subdivision lines to a greater extent in establishing state legislative districts than congressional districts while still affording adequate state-wide representation."

Mahan v. Howell, 410 U.S. 315 (1973) (Justice Rehnquist)

"The history of American freedom is, in no small measure, the history of procedure."

Malinski v. New York, 324 US 401 (1945) (Frankfurter, J., concurring)

"The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right."

Marbury v. Madison, 5 US 137 (1803) (John Marshall)

"The intimate political relation subsisting between the President of the United States and the heads of departments, necessarily renders any legal investigation of the acts of one of those high officers peculiarly irksome, as well as delicate; and excites some hesitation with respect to the propriety of entering into such investigation."

Marbury v. Madison, 5 US 137 (1803) (John Marshall)

"The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court."

Marbury v. Madison, 5 US 137 (1803) (John Marshall)

A work that provides a detailed history of the litigation in Gomillion v. Lightfoot

Margaret edds, Free At Last: What Really Happened When Civil Rights Came to Southern Politics (1987)

A work that explores the historical distinction between voting as the genuine collective choice between competing candidates in competitive contests, and voting as a ritual of acclamation or a public act that recognizes and reconstitutes the superior status of the candidate

Mark Kishlansky, Parliamentary Selection: Social and Political Choice in Early Modern England (1986)

"Ownership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it....Thus, the owners of privately held bridges, ferries, turnpikes and railroads may not operate them as freely as a farmer does his farm. Since these facilities are built and operated primarily to benefit the public and since their operation is essentially a public function, it is subject to state regulation."

Marsh v. Alabama, 326 US 501 (1946) (Hugo Black)

"A contract between nonmarital partners is unenforceable only to the extent that it explicitly rests upon the immoral and illicit consideration of meretricious sexual services."

Marvin v. Marvin, 557 P. 2d 106 (1976) (Mathew Tobriner)

"Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions."

Mass. Const. Art. LXXXV

"No judicial tribunal has authority to say that some of [t he Bill of Rights] may be abridged by the States while others may not be abridged.

Maxwell v. Dow, 176 US 581 (1900) (Harlan, J., dissenting)

"Constitutional law [professors] agree that feminists ultimately succeeded in achieving many, if not most, of their goals through litigation and legislation, despite the ERA's defeat."

Mayeri, A New E.R.A. or a New Era? Amendment Advocacy and the Reconstitution of Feminism, 103 Nw. U. L. Rev. (2009)

"It is tempting to pretend that minorities on death row share a fate in no way connected to our own, that our treatment of them sounds no echoes beyond the chambers in which they die. Such an illusion is ultimately corrosive, for the reverberations of injustice are not so easily confined...the way in which we choose those who will die reveals the depth of moral commitment among the living."

McCleskey v. Kemp, 481 US 279 (Brennan, J., dissenting)

Although the Constitution does not specifically give Congress the power to establish a bank, it delegates the ability to tax and spend. Since a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue, the establishment of a bank is a necessary and proper exercise of Congress' taxing and spending powers. More than that, because federal laws have supremacy over state laws, the States have no power to interfere with the bank's operation by taxing it.

McCulloch v. Maryland, 17 U.S. 316 (1819) Holding

"Such is the character of human language, that no word conveys to the mind, in all situations, one single definite idea; and nothing is more common than to use words in a figurative sense. Almost all compositions contain words, which, taken in a their rigorous sense, would convey a meaning different from that which is obviously intended. It is essential to just construction, that many words which import something excessive, should be understood in a more mitigated sense — in that sense which common usage justifies. The word "necessary" is of this description. It has not a fixed character, peculiar to itself. It admits of all degrees of comparison; and is often connected with other words, which increase or diminish the impression the mind receives of the urgency it imports."

McCulloch v. Maryland, 17 US 316 (1819) (John Marshall)

"To identify before the fact those characteristics of criminal homicides and their perpetrators which call for the death penalty, and to express these characteristics in language which can be fairly understood and applied by the sentencing authority, appear to be tasks which are beyond present human ability...In light of history, experience, and the present limitations of human knowledge, we find it quite impossible to say that committing to the untrammeled discretion of the jury the power to pronounce life or death in capital cases is offensive to anything in the Constitution...The infinite variety of cases and facets to each case would make general standards either meaningless "boiler-plate" or a statement of the obvious that no jury would need."

McGautha v. California, 402 US 183 (1971)

Invalidating an Ohio prohibition of the distribution of anonymous campaign literature as violative of the First Amendment's Free Speech Clause

McIntyre v. Ohio Elections Commission, 514 U.S. 334 (1995) Holding

Invalidating Article 12 Section 241 of the Mississippi Constitution (which disenfranchised misdemeanants) as violative of the Fourteenth Amendment's equal protection clause

McLaughlin v. City of Canton, Miss., 947 F. Supp. 954 (S.D. Miss. 1995) Holding

"The history of liberty has largely been the history of observance of procedural safeguards."

McNabb v. United States, 318 US 332 (1943) (Felix Frankfurter)

POTUS' authority over diplomatic information is absolute

Memorandum for Arthur B. Culvahouse, Jr., Counsel to the President, from Douglas W. Kimiec, Assistant Attorney general, Office of Legal Counsel, Re: Constitutional Concerns Implicated by Demand for Presidential Evidence in a Criminal Prosecution (Oct. 17, 1988)

POTUS' authority over diplomatic information is absolute

Memorandum for C. Boyden Gray, Counsel to the President, from J. Michael Luttig, Principal Deputy Assistant attorney General, Office of Legal Counsel, Re: Congressional Access to Presidential Communications (Dec. 21, 1989)

Statutes that do not expressly apply to the President must be construed as not applying to the President, where applying the statute to the President would pose a significant question regarding the President's constitutional powers

Memorandum for Jack Quinn, Counsel to the President, from Walter Dellinger, Assistant Attorney General, re: Application of 28 U.S.C. § 458 to Presidential Appointments of Federal Judges (Dec. 18, 1995)

Concluding that a section of an authorization act that provided that no funds made available to the State Department and related agencies could be obligated if a certain designated agency heads refused to comply with a document disclosure request 35 days after the request was entered was unconstitutional

Memorandum for the Honorable Leonard Garment, Counsel to the President, from Leon Ulman, Acting assistant Attorney General, Office of Legal Counsel, re: Constitutionality of Section 13 of the State/USIA authorization (July 16, 1973)

POTUS is entitled to disregard a severable unconstitutional condition on statutory spending authority

Memorandum for the Honorable Robert J. Lipshutz, Counsel to the President from John M. Harmon, Assistant Attorney General, Office of Legal Counsel, Re: Myers Amendment (Aug. 30, 1977) Conclusion

Henry Manne

Mergers and the Market for Corporate Control, 73 J. Pol. Econ. 110 (1965) Author

From Jim Crow to Civil Rights Author

Michael J. Klarman

A work that argues that the 20th century development of African-American political participation would not have been different if Giles v. Harris was decided the other way

Michael Klarman, The Plessy Era, 1998 S. Ct. Rev. 303

A work that argues that Colegrove v. Green should have been decided under the Guaranty Clause

Michael McConnell, The Redistrict Cases: Original Mistakes and Current Consequences, 24 Harv. J.L. & Pub. Pol'y 103 (2000)

Struggle for Mastery: Disfranchisement in the South 1888-1908 (2001) Author

Michael Perman

Constitutional Diplomacy (1990) Author

Micheal Glennon

"The idea that the First Amendment permits government to ban publications that are "offensive" to some people puts an ominous gloss on freedom of the press. That test would make it possible to ban any paper or any journal or magazine in some benighted place. The First Amendment was designed "to invite dispute," to induce "a condition of unrest," to "create dissatisfaction with conditions as they are," and even to stir "people to anger." The idea that the First Amendment permits punishment for ideas that are "offensive" to the particular judge or jury sitting in judgment is astounding. No greater leveler of speech or literature has ever been designed. To give the power to the censor, as we do today, is to make a sharp and radical break with the traditions of a free society."

Miller v. California, 413 US 15 (1973) (Douglas, J., dissenting)

"The principles announced today deal with the protection which must be given to the privilege against self-incrimination when the individual is first subjected to police interrogation while in custody at the station or otherwise deprived of his freedom of action in any significant way. It is at this point that our adversary system of criminal proceedings commences, distinguishing itself at the outset from the inquisitorial system recognized in some countries."

Miranda v. Arizona, 384 US 436 (1966)

"To summarize, we hold that when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires."

Miranda v. Arizona, 384 US 436 (1966)

"With regard to that we may add that when we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to prove that they created a nation. The case before us must be considered in the light of our whole experience and not merely in that of what was said a hundred years ago."

Missouri v. Holland, 252 US 416 (1920)

"Great constitutional provisions must be administered with caution. Some play must be allowed for the joints of the machine, and it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts."

Missouri, K. & TR Co. v. May, 194 US 267 (1904) (Oliver Wendell Holmes Jr.)

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 will use the law of the jurisdiction that has the most significant relationship to the contract (Please answer in Estonian)

Muidugi

Most states do not have reciprocal agreements that allow for enforcement of tax laws in sister states (Please answer in Estonian)

Muidugi Mitte

Rule 10b(5) claims cannot be brought if the disputed action occurred via telephone or mail (Please answer in Estonian)

Muidugi Mitte

The business judgment rule will shield an LLC manager from liability for negligently failing to perform ministerial functions (Please answer in Estonian)

Muidugi Mitte

When it comes to the choice of law in contracts cases that involve performance, if the contract does not have a choice of law clause, under the First Restatement, a court will not use the law of the jurisdiction where performance was due (Please answer in Estonian)

Muidugi Mitte

A Florida appellate court can decline to hear a petition for an extraordinary writ if the issue it raises may be reviewed by a final or non-final appeal

Mullin v. State Department Of Admin., 354 So. 2d 1216 (Fla. 1st DCA 1978) Holding

"One who takes part in such a sport accepts the dangers that inhere in it so far as they are obvious and necessary, just as a fencer accepts the risk of a thrust by his antagonist or a spectator at a ball game the chance of contact with the ball...The antics of the clown are not the paces of the cloistered cleric. The rough and boisterous joke, the horseplay of the crowd, evokes its own guffaws, but they are not the pleasures of tranquillity. The plaintiff was not seeking a retreat for meditation. Visitors were tumbling about the belt to the merriment of onlookers when he made his choice to join them. He took the chance of a like fate, with whatever damage to his body might ensue from such a fall. The timorous may stay at home."

Murphy v. Steeplechase Amusement Co., 250 N.Y. 479 (1929) (Benjamin Cardoz)

A defendant will have sufficient intent to ground an action in intentional tort when the defendant knows that the consequences are substantially certain to result from her or his actions. (Please answer in German)

Naturlich

A defendant's unilateral cessation of wrongful activity will not render a plaintiff's case moot if there is a reasonable expectation that the conduct will continue (Please answer in German)

Naturlich

Congress can approve of interstate compacts after their formation (Please answer in German)

Naturlich

Congress has the power to declare war (Please answer in German)

Naturlich

Despite the eggshell rule, when it comes to intentional infliction of emotional distress claims, a defendant is generally more likely to be found liable if she or he knew of the claimant's particular susceptibility to emotional distress before engaging in the disputed action (Please answer in German)

Naturlich

Evidence that is obtained after a home search where the officers did not knock and announce their presence is admissible under the exclusionary rule (Please answer in German)

Naturlich

Generally, conduct that occurs in public or is persistent in nature is more likely to be actionable in a suit for intentional infliction of emotional distress than conduct that is not (Please answer in German)

Naturlich

Generally, government officials can have standing to challenge the constitutionality of a law if refusal to enforce the law would result in removal from office or would violate the official's oath to uphold the constitution (Please answer in German)

Naturlich

In some states, common carriers and innkeepers are held to a higher standard of care when it comes to intentional infliction of emotional distress claims (Please answer in German)

Naturlich

Juries can have anywhere from 6 to 12 members (Please answer in German)

Naturlich

Motor vehicles can be searched by an officer without a warrant (and not incident to arrest) either based on consent to the search or if probable cause exists that the vehicle contains an item subject to seizure (Please answer in German)

Naturlich

Other than the fact of a prior conviction, any fact that increases the penalty from a crime beyond the statutory minimum must be submitted to a jury (Please answer in German)

Naturlich

SCOTUS has original and discretionary jurisdiction over cases that involve a state against an undocumented individual or citizen of another state (Please answer in German)

Naturlich

The 14th Amendment's privileges and immunities clause protects the right of ingress and regress to the capitol (Please answer in German)

Naturlich

The Double Jeopardy Clause does not prohibit a second trial if a defective indictment in the first trial resulted in a mistrial (Please answer in German)

Naturlich

The Double Jeopardy Clause does not prohibit a second trial if there was a hung jury in the first trial (Please answer in German)

Naturlich

The judicial power extends to cases arising under a federal statute, treaty, or the constitution (Please answer in German)

Naturlich

The transferred intent doctrine applies to false imprisonment claims. (Please answer in German)

Naturlich

Vehicle passengers have standing to raise 4th Amendment search and seizure clause claims challenging the constitutionality of the vehicle stop even if they do not own the car (Please answer in German)

Naturlich

Wealth, age, and disability are not suspect classes (Please answer in German)

Naturlich

When it comes to the apprehension requirement for an assault tort, a defendant may be liable if she or places a plaintiff in reasonable apprehension of an imminent harmful or offensive contact. (Please answer in German)

Naturlich

When it comes to the volitional act requirement in battery torts, a defendant's reflex activity is not actionable. (Please answer in German)

Naturlich

A claim is ripe for adjudication if it rests on contingent events that may not occur or may not occur as anticipated (Please answer in German)

Naturlich Nicht

An individual can never be liable for false imprisonment when her or his acts were done for the purpose of imposing confinement upon the plaintiff and she or he acted with knowledge that such confinement would, to a substantial certainty, result from her or his actions. (Please answer in German)

Naturlich Nicht

If an individual violates a plea agreement, the Double Jeopardy Clause prohibits a second trial on the dropped charges in the agreement (Please answer in German)

Naturlich Nicht

Illegitimacy is not a suspect classification (Please answer in German)

Naturlich Nicht

Sentencing judges can draw negative inferences from a defendant's refusal to testify (Please answer in German)

Naturlich Nicht

States must obtain the consent of Congress before entering into any interstate compact (Please answer in German)

Naturlich Nicht

The dormant commerce clause does not permit state laws that discriminate in favor of in-state entities if the state is a market participant in the situation (ex. lower in-state tuition for state residents) (Please answer in German)

Naturlich Nicht

The majority of states do not require the submission of a written form for an individual to waive the right to a jury trial (Please answer in German)

Naturlich Nicht

The range of a search cannot be constrained by the warrant that authorizes it (Please answer in German)

Naturlich Nicht

The text of Article I Section 8 explicitly mentions an air force (Please answer in German)

Naturlich Nicht

The transferred intent doctrine can never apply to an intentional tort when the plaintiff is not the defendant's intended victim. (Please answer in German)

Naturlich Nicht

There is not an exception to the mootness doctrine for cases that are capable of repetition yet evade review (Please answer in German)

Naturlich Nicht

When it comes to false imprisonment, a storekeeper can never have the privilege to detain a shoplifting suspect who the storekeeper reasonable believes may have shoplifted. (Please answer in German)

Naturlich Nicht

When it comes to the apprehension requirement for an assault tort, a defendant can never be liable if the plaintiff had subjective awareness of an imminent harmful or offensive contact caused by the defendant. (Please answer in German)

Naturlich Nicht

When it comes to the volitional act requirement in battery torts, a legally incompetent individual can never have the capacity to perform a volitional act. (Please answer in German)

Naturlich Nicht

The causation element for an intentional tort does not require that a defendant's conduct, or some chain of events the defendant initiates, must have subjected a plaintiff to fear or harm defined as a tort. (Please answer in Danish)

Naturligvis Ikke

When it comes to battery torts, a defendant need not act with the intent to cause the contact or apprehension of such contact. (Please answer in Danish)

Naturligvis Ikke

When it comes to false imprisonment claims, a person is not confined if she or he is in any physical location or situation in which, for a given duration, a defendant, directly or indirectly, intentionally prevents the person from going somewhere else. (Please answer in Danish)

Naturligvis Ikke

When it comes to false imprisonment claims, confinement can exist if the plaintiff has, and is aware of, a reasonable means of escape. (Please answer in Danish)

Naturligvis Ikke

When it comes to the causation element in battery torts, a defendant's conduct need not indirectly or directly cause the offensive contact with the plaintiff. (Please answer in Danish)

Naturligvis Ikke

A volitional act is not required to establish liability for an intentional tort (Please answer in Danish)

Naturligvis ikke

An continuing trespass does not occur when chattels are placed on a individual's realty and remain on the land for an extended period (Please answer in Danish)

Naturligvis ikke

Evidence that would be inadmissible under the exclusionary rule cannot be admitted in civil or parole proceedings (Please answer in Danish)

Naturligvis ikke

Generally, an individual does have a reasonable expectation of privacy in the content of her or his garbage that is placed on a curb outside her or his dwelling (Please answer in Danish)

Naturligvis ikke

Generally, an individual does not have a reasonable expectation of privacy in her or his active commercial business realty (Please answer in Danish)

Naturligvis ikke

Generally, the Due Process Clauses do not require the prosecution to surrender evidence favorable to the accused where evidence is material to either guilt or punishment (Please answer in Danish)

Naturligvis ikke

Implied preemption cannot occur when a state law intrudes into an area that congress intended to occupy exclusively (Please answer in Danish)

Naturligvis ikke

Like the 21st Amendment, the 4th Amendment targets private conduct (Please answer in Danish)

Naturligvis ikke

Neither the 5th or 14th Amendment Due Process Clause is violated when officers engage in 36 hours of continuous questioning of a suspect to obtain a confession (Please answer in Danish)

Naturligvis ikke

POTUS cannot issue a pardon to someone before a conviction has been secured (Please answer in Danish)

Naturligvis ikke

SCOTUS can review cases from state courts of last resort even when there is an adequate and independent state ground to support the decision (Please answer in Danish)

Naturligvis ikke

The 5th Amendment's Due Process Clause does not have an equal protection component (Please answer in Danish)

Naturligvis ikke

The adequate and independent state grounds doctrine applies in cases where a state law incorporates federal law by reference or cases where important federal interests are at stake (Please answer in Danish)

Naturligvis ikke

The necessary and proper clause standing alone is sufficient to justify the constitutionality of any given statute (Please answer in Danish)

Naturligvis ikke

The transferred intent doctrine applies to intentional infliction of emotional distress claims (Please answer in Danish)

Naturligvis ikke

Congress can abrogate 11th Amendment immunity with a statute that unambiguously eliminates immunity under a constitutional warrant that post-dates the amendment (Please answer in Dutch)

Natuurlijk

Congress cannot lower the salary of any federal judge after she is placed on the bench (Please answer in Dutch)

Natuurlijk

Consent is a defense in battery torts. (Please answer in Dutch)

Natuurlijk

Generally, an individual does not have a reasonable expectation of privacy in information that is voluntarily and knowingly exposed to the public (Please answer in Dutch)

Natuurlijk

Generally, the 4th Amendment does not apply to searches in open fields (Please answer in Dutch)

Natuurlijk

Miller v. California applies to obscenity claims (Please answer in Dutch)

Natuurlijk

Officers usually complete an affidavit when requesting a warrant (Please answer in Dutch)

Natuurlijk

Police can secure a statement from an individual after the right to counsel has been invoked if there is a break in custody or the suspect reinitiates contact with the police (Please answer in Dutch)

Natuurlijk

Sovereign immunity under the 11th Amendment extends to state agencies (Please answer in Dutch)

Natuurlijk

The 3rd Amendment has not been incorporated against the states (Please answer in Dutch)

Natuurlijk

The First Amendment right of the press to access criminal trials is qualified and not absolute (Please answer in Dutch)

Natuurlijk

The denial of a motion to sequester a jury does not raise a claim under the Due Process Clauses unless a movant establishes proof of having suffered actual prejudice and the movant proves that adverse publicity actually tainted a juror (Please answer in Dutch)

Natuurlijk

The intent element for an intentional tort requires that a finding that the defendant intended to bring about the tortious result. (Please answer in Dutch)

Natuurlijk

The plain error doctrine allows a party to raise an issue on appeal for the first time (Please answer in Dutch)

Natuurlijk

The transferred intent doctrine applies to battery (Please answer in Dutch)

Natuurlijk

The transferred intent doctrine applies to individuals who act with intent to harm a first party but instead injure a second party (Please answer in Dutch)

Natuurlijk

To invoke Miranda, an individual must clearly and unequivocally invoke the right to silence or counsel (Please answer in Dutch)

Natuurlijk

Unfortunately, the 14th Amendment does not require states to provide funding for abortions (Please answer in Dutch)

Natuurlijk

Warrants must be supported by probable cause (Please answer in Dutch)

Natuurlijk

When it comes to the causation requirement for an assault tort, a defendant's conduct or some chain of events the defendant initiates, must place the plaintiff in apprehension of, or must subject the plaintiff to, an improper contact. (Please answer in Dutch)

Natuurlijk

When it comes to the damages requirement for an assault tort, proof of actual damages is not required to recover. (Please answer in Dutch)

Natuurlijk

When it comes to the intent element in battery torts, the transferred intent doctrine applies. (Please answer in Dutch)

Natuurlijk

A claim for abuse of process can be brought if the disputed action was justified to prosecute an underlying legal action (Please answer in Dutch)

Natuurlijk Niet

An individual can never be liable for false imprisonment if she or he acts intending to confine the other or a third person within boundaries fixed by the actor, her or is acts directly or indirectly result in confinement, and the other party is conscious of the confinement or harmed by the confinement. (Please answer in Dutch)

Natuurlijk Niet

Diversity jurisdiction cases do not have a minimum amount in controversy requirement (Please answer in Dutch)

Natuurlijk Niet

Generally, an aerial surveillance of curtilage is not permissible under the 4th Amendment (Please answer in Dutch)

Natuurlijk Niet

Generally, state laws that prohibit venue changes for misdemeanors are permissible even if there are no other available remedies to protect the suspect's right to a fair trial (Please answer in Dutch)

Natuurlijk Niet

Officers cannot conduct a warrantless search if the target of the search consents (Please answer in Dutch)

Natuurlijk Niet

On its face, the 11th Amendment does not prevents litigants from filing an action for damages against any state (Please answer in Dutch)

Natuurlijk Niet

The Double Jeopardy Clause allows a second trial if a prior conviction was reversed because of the presence of insufficient evidence (Please answer in Dutch)

Natuurlijk Niet

The excessive fines clause in the 8th Amendment has not been incorporated against the states (Please answer in Dutch)

Natuurlijk Niet

The intent element for an intentional tort requires that the tortfeasor posses a wrongful motive or intent to harm. (Please answer in Dutch)

Natuurlijk Niet

The maxim: leges posteriores priores contrarias abrogant does not apply to treaties that have been superseded by statute (Please answer in Dutch)

Natuurlijk Niet

When it comes to false imprisonment claims, intent can never be shown from knowledge. (Please answer in Dutch)

Natuurlijk Niet

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. But, a person can be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs. (Please answer in Serbo-Croatian)

Ne

A person can never be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. More than that, a person can never be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs. (Please answer in Serbo-Croatian)

Ne

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact or an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs and regardless of whether she or he causes apprehension of an immediate harmful or offensive contact. (Please answer in Serbo-Croatian)

Ne

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. But, a person can never be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs (Please answer in Serbo-Croatian)

Ne

A person may be liable for assault if she or he acts intending to cause a harmful or offensive contact with the other person without making such contact. But, a person can never be liable for assault if she or he causes an imminent apprehension of a harmful or offensive contact regardless of whether or not such contact actually occurs or causes apprehension of an immediate harmful or offensive contact (Please answer in Serbo-Croatian)

Ne

A breach of a legal duty to take care of another which then results in loss or damage to the claimant.

Negligence

"All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness."

Nev. Const. art. I § 1 (Inalienable rights)

"The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives and to petition the Legislature for redress of Grievances."

Nev. Const. art. I § 10 (Right to assemble and petition.)

"Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes."

Nev. Const. art. I § 11(1) (Right to keep and bear arms.)

"The military shall be subordinate to the civil power; No standing army shall be maintained by this State in time of peace, and in time of War, no appropriation for a standing army shall be for a longer time than two years."

Nev. Const. art. I § 11(2) (Civil power supreme.)

"No soldier shall, in time of Peace be quartered in any house without the consent of the owner, nor in time of War, except in the manner to be prescribed by law."

Nev. Const. art. I § 12 (Quartering soldiers in private homes.)

"All political power is inherent in the people[.] Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair[,] subvert, or resist the Supreme Authority of the government of the United States. The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority."

Nev. Const. art. I § 2 (Purpose of government)

"The right of trial by Jury shall be secured to all and remain inviolate forever; but a Jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law; and in civil cases, if three fourths of the Jurors agree upon a verdict it shall stand and have the same force and effect as a verdict by the whole Jury, Provided, the Legislature by a law passed by a two thirds vote of all the members elected to each branch thereof may require a unanimous verdict notwithstanding this Provision."

Nev. Const. art. I § 3 (Trial by jury; waiver in civil cases)

The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State, and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief, but the liberty of consciene [conscience] hereby secured, shall not be so construed, as to excuse acts of licentiousness or justify practices inconsistent with the peace, or safety of this State.

Nev. Const. art. I § 4 (Liberty of conscience)

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 its suspension.

Nev. Const. art. I § 5 (Suspension of habeas corpus)

Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

Nev. Const. art. I § 6 (Excessive bails and fines; cruel and unusual punishments; detention of witnesses)

All persons shall be bailable by sufficient sureties; unless for Capital Offenses or murders punishable by life imprisonment without possibility of parole when the proof is evident or the presumption great.

Nev. Const. art. I § 7 (Bail; exception for capital offenses and certain murders)

No person shall be tried for a capital or other infamous crime (except in cases of impeachment, and in cases of the militia when in actual service and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislature) except on presentment or indictment of the grand jury, or upon information duly filed by a district attorney, or Attorney General of the State, and in any trial, in any court whatever, the party accused shall be allowed to appear and defend in person, and with counsel, as in civil actions. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled, in any criminal case, to be a witness against himself.

Nev. Const. art. I § 8(1) (Rights of accused in criminal prosecutions; jeopardy)

No person shall be deprived of life, liberty, or property, without due process of law.

Nev. Const. art. I § 8(2) (Due process of law)

Private property shall not be taken for public use without just compensation having been first made, or secured, except in cases of war, riot, fire, or great public peril, in which case compensation shall be afterward made.

Nev. Const. art. I § 8(3) (Eminent domain.)

Every citizen may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that right; and 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 libels, the truth may be given in evidence to the Jury; and if it shall appear to the Jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated.

Nev. Const. art. I § 9 (Liberty of speech and the press.)

Congress may subject a state to suits for money damages by state employees in the event of the state's failure to comply with the family-care provision of the Family and Medical Leave Act.

Nevada Department of Human Resources v. Hibbs (2003) Holding

"A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among those who have power over it."

New Jersey v. New York, 283 US 336 (1931) (Oliver Wendell Holmes Jr.)

"A rule compelling the critic of official conduct to guarantee the truth of all his factual assertions—and to do so on pain of libel judgments virtually unlimited in amount— leads to a comparable "self-censorship."..Under such a rule, would-be critics of official conduct may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true, because of doubt whether it can be proved in court or fear of the expense of having to do so...The rule thus dampens the vigor and limits the variety of public debate.

New York Times Co. v. Sullivan, 376 US 254 (1964) (William Brennan)

"The constitutional guarantees require, we think, a federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with "actual malice"—that is, with knowledge that it was false or with reckless disregard of whether it was false or not."

New York Times Co. v. Sullivan, 376 US 254 (1964) (William Brennan)

"In the governmental structure created by our Constitution, the Executive is endowed with enormous power in the two related areas of national defense and international relations. This power, largely unchecked by the Legislative and Judicial branches, has been pressed to the very hilt"

New York Times Co. v. United States (1971) (Stewart, J., concurring and White, J.,)

"It is elementary that the successful conduct of international diplomacy and the maintenance of an effective national defense require both confidentiality and secrecy. Other nations can hardly deal with this Nation in an atmosphere of mutual trust unless they can be assured that their confidences will be kept. And within our own executive departments, the development of considered and intelligent international policies would be impossible if those charged with their formulation could not communicate with each other freely, frankly, and in confidence."

New York Times Co. v. United States, 403 US 713 (1971) (Stewart, J., concurring)

A work that documents congressional deliberation and protest over the insertion of the word 'male' into the constitution for the first time

Nina Morais, Note, Sex Discrimination and the Fourteenth Amendment: Lost History, 97 Yale L.J. (1988)

Concluding that the President was immune from suit under D.C.Code § 12-301(8) (1973) because Congress had failed to create a cause of action expressly against the President

Nixon v. Fitzgerald, 457 U.S. 731 (1982)

"The objection that the subject matter of the suit is political is little more than a play upon words. Of course the petition concerns political action but it alleges and seeks to recover for private damage. That private damage may be caused by such political action and may be recovered for in a suit at law hardly has been doubted for over two hundred years."

Nixon v. Herndon, 273 US 536 (1927) (Oliver Wendell Holmes Jr.)

The First Amendment permits states to limit individual contributions to state political candidates with contribution limits that are inflation pegged to the limits approved in Buckley v. Valeo (1976).

Nixon v. Shrink Missouri Government PAC, 528 U.S. 377 (2000) Holding

When it comes to battery torts, a person can never be liable for battery if she or he does not intend to cause a harmful or offensive contact with the plaintiff but does cause apprehension of harmful or offensive contact which results in harmful or offensive contact with the plaintiff. (Please answer in Spanish)

No

When it comes to false imprisonment claims, false imprisonment can never result from the imposition of physical barriers. (Please answer in Spanish)

No

"Our principal task, in this diversity of citizenship case, is to determine what the New York courts would think the California courts would think on an issue about which neither has thought."

Nolan v. Transocean Air Lines, 276 F. 2d 280 (2d Cir. 1960) (Henry Friendly)

A work that identifies German law requirements that prison authorities encourage and assist prisoners in voting

Nora Demleitner, Continuing Payment on One's Debt to Society: The German Model of Felon Disenfranchisement as an Alternative, 84 Minn. L. Rev. (2000)

"Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment. These immediate interests exercise a kind of hydraulic pressure which makes what previously was clear seem doubtful, and before which even well settled principles of law will bend."

Northern Securities Co. v. United States, 193 US 197 (1904) (Holmes, J., dissenting)

"It is one of the great merits and advantages of the common law, that, instead of a series of detailed practical rules, established by positive provisions, and adapted to the precise circumstances of particular cases, which would become obsolete and fail, when the practice and corase of business, to which they apply, should cease or change, the common law consists of a few broad and comprehensive principles, founded on reason, natural justice, and enlightened public policy, modified and adapted to the circumstances of all the particular cases which fall within it."

Norway Plains Co. v. Boston & Maine RR, 67 Mass. 263 (1854)

A work that suggests that there are two arguments that support felon disenfranchisement which are based on violation of the social contract or exclusion of the morally incompetent from governing society

Note, The Disenfranchisement of Ex-Felons: Citizenship, Criminality, and the Purity of the Ballot Box, 102 Harv. L. Rev. (1989)

"Prisoners are persons whom most of us would rather not think about...It is thus easy to think of prisoners as members of a separate netherworld...Nothing can change the fact, however, that the society that these prisoners inhabit is our own...When prisoners emerge from the shadows to press a constitutional claim...hey speak the language of the charter upon which all of us rely to hold official power accountable."

O'Lone v. Estate of Shabazz, 482 US 342 (1987) (Brennan, J., dissenting)

16

Of the 20 Standing Rules that were first adopted in 1789, how many have been carried over to the present day?

Ethics

Of the 43 Standing Rules, 10 cover this item

"Long settled and established practice is a consideration of great weight in a proper interpretation of constitutional provisions of this character."

Okanogan Indians v. United States 279 US 655 (1929)

"Liberty is too priceless to be forfeited through the zeal of an administrative agent."

Oklahoma Press Publishing Co. v. Walling, 327 US 186 (1946) (Murphy, J., dissenting)

The Common Law Author

Oliver Wendell Holmes Jr.

The Path of the Law, 10 Harv. L. Rev. 457 (1897) Author

Oliver Wendell Holmes Jr.

"Certitude is not the test of certainty. We have been cock-sure of many things that were not so."

Oliver Wendell Holmes Jr., Natural Law, 32 Harv. L. Rev. (1918)

"But when our neighbors do wrong, we sometimes feel the fitness of making them smart for it, whether they have repented or not."

Oliver Wendell Holmes Jr., The Common Law (1881)

"Certainty generally is illusion, and repose is not the destiny of man."

Oliver Wendell Holmes Jr., The Path of the Law, 10 Harv. L. Rev. 457 (1897)

A judge must never "forget that what seem to him to be first principles [are] believed by half his fellow men to be wrong."

Oliver Wendell Holmes, Law and the Court (1913)

"Deep seated preferences [can] not be argued about."

Oliver Wendell Holmes, Natural Law, 32 Harv. L. Rev. 40 (1918)

"The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men."

Olmstead v. United States, 277 US 438 (1928) (Brandeis, J., dissenting)

Stephen Breyer

On the Uses of Legislative History in Interpreting Statutes, 65 S. Cal. L. Rev. 845 (1992) Author

"Judges are not given the task of running the Army. The responsibility for setting up channels through which such grievances can be considered and fairly settled rests upon the Congress and upon the President of the United States and his subordinates. The military constitutes a specialized community governed by a separate discipline from that of the civilian. Orderly government requires that the judiciary be as scrupulous not to interfere with legitimate Army matters as the Army must be scrupulous not to intervene in judicial matters."

Orloff v. Willoughby, 345 US 83 (1953) (Robert Jackson)

"Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law."

Osborn v. Bank of United States, 22 US 738 (1824) (John Marshall)

"Many things that are defamatory may be said with impunity through the medium of speech. Not so, however, when speech is caught upon the wing and transmuted into print. What gives the sting to the writing is its permanence of form. The spoken word dissolves, but the written one abides and "perpetuates the scandal."

Ostrowe v. Lee 256 NY 36 (1931) (Benjamin Cardozo)

Louis Brandeis

Other People's Money (1914) Author

"The reason for inserting that clause in the constitution was, that all persons who have real claims under a treaty should have their causes decided by the national tribunals. It was to avoid the apprehension as well as the danger of state prejudices. . . . Each treaty stipulates something respecting the citizens of the two nations, and gives them rights. Whenever a right grows out of, or is protected by, a treaty, it is sanctioned against all the laws and judicial decisions of the States; and whoever may have this right, it is to be protected. But if the person's title is not affected by the treaty, if he claims nothing under a treaty, his title cannot be protected by the treaty."

Owings v. Norwood's Lessee, 9 US 344 (1809) (John Marshall)

A transfer of a civil action initiated by a defendant in a federal case under the federal venue transfer statute does not alter the choice of law rule that was or would have been adopted by the transferor court regardless of who initiates the transfer (Please answer in Polish)

Ozcywiscie

Under the Full Faith and Credit Clause, a judgment is extrinsically fraudulent if it was procured with outright fraudulent tactics (Please answer in Polish)

Ozcywiscie

A judgment obtained by fraud is entitled to full faith and credit (Please answer in Polish)

Ozcywiscie, ze nie

Under the Full Faith and Credit Clause, a judgment is not intrinsically fraudulent if a party used fraudulent documents or committed perjury (Please answer in Polish)

Ozcywiscie, ze nie

Dames & Moore v. Regan, 453 U.S. 654 (1981) Holding

POTUS was authorized to nullify the attachments at issue and order the transfer of Iranian assets by the provision of the IEEPA and, on the basis of the inferences to be drawn from the character of the IEEPA and Hostage Act, POTUS was authorized to suspend claims with an EO

An appellate court can dismiss a petition for an extraordinary writ if the issue presented by the petition is currently before it in a pending appeal

Palm Beach County Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000), vacated on other grounds, 531 U.S. 70. Holding

"Due care is a duty imposed on each one of us to protect society from unnecessary danger, not to protect A, B or C alone."

Palsgraf v. Long Island R.R., 248 N.Y. 339 (1928) (Andrews, J., dissenting)

"What we do mean by the word "proximate" is, that because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics."

Palsgraf v. Long Island R.R., 248 N.Y. 339 (1928) (Andrews, J., dissenting)

"One who jostles one's neighbor in a crowd does not invade the rights of others standing at the outer fringe when the unintended contact casts a bomb upon the ground. The wrongdoer as to them is the man who carries the bomb, not the one who explodes it without suspicion of the danger. Life will have to be made over, and human nature transformed, before prevision so extravagant can be accepted as the norm of conduct, the customary standard to which behavior must conform."

Palsgraf v. Long Island R.R., 248 N.Y. 339 (1928) (Benjamin Cardozo)

"The orbit of the danger as disclosed to the eye of reasonable vigilance would be the orbit of the duty."

Palsgraf v. Long Island R.R., 248 N.Y. 339 (1928) (Benjamin Cardozo)

"The risk reasonably to be perceived defines the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension."

Palsgraf v. Long Island R.R., 248 N.Y. 339 (1928) (Benjamin Cardozo)

A work that criticizes SCOTUS decisions that shift the inquiry in vote dilution cases from whether particular restrictive practices can be justified to one that assumes that some level of vote dilution or denial is inherent in the political system

Pam Karlan, New Beginnings and Dead Ends in the Law of Democracy, 68 Ohio St. L.J. (2007)

A work that provides a discussion of Native American voting rights

Pamela Karlan, Lightning in the Hand: Indians and Voting Rights, 120 Yale L.J. 1420 (2011)

A work that argues that Colegrove v. Green should have been decided under the Guaranty Clause

Pamela Karlan, Politics By Other Means, 85 Va. L. Rev. 1697 (1999)

POTUS has the power to grant condition pardons and can grant pardons before the procurement of a conviction

Pardons, 1 Op. Att'y Gen. 341 (1820) Conclusion

"The Fourth Amendment protects the individual's privacy in a variety of settings. In none is the zone of privacy more clearly defined than when bounded by the unambiguous physical dimensions of an individual's home—a zone that finds its roots in clear and specific constitutional terms: "The right of the people to be secure in their . . . houses . . . shall not be violated."

Payton v. New York, 445 US 573 (1980) (John Paul Stevens)

"Certainly, then, a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman."

People v. Liberta, 64 NY 2d 152 (1984) (Sol Wachtler)

A work that provides a discussion of D.C. enfranchisement

Peter Raven-Hansen, Congressional Representation for the District of Columbia: A Constitutional Analysis, 12 Harv. J. Legis. (1975)

"Most of the law [in foreign affairs cases] consists not of judicial precedents but of historical ones; legitimacy is found in repetition, innovation, and acceptance."

Peter Spiro, war Powers and the Sirens of formalism, 68 N.Y.U. L. Rev. (1993)

A work that examines the original understanding of the national security provisions of the constitution

Philip Bobbitt, War Powers: An Essay on John Hart Ely's War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath, 92 Mich. L. Rev. 1364 (1994)

"Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits...If a legitimate local purpose is found, then the question becomes one of degree. And the extent of the burden that will be tolerated will of course depend on the nature of the local interest involved, and on whether it could be promoted as well with a lesser impact on interstate activities."

Pike v. Bruce Church, Inc., 397 US 137 (1970)

"Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman's right to terminate her pregnancy in its early stages, that definition of liberty is still questioned."

Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992)

"It will, indeed, probably, be found, when we look to the character of the Constitution itself, the objects which it seeks to attain, the powers which it confers, the duties which it enjoins, and the rights which it secures, as well as the known historical fact that many of its provisions were matters of compromise of opposing interests and opinions; that no uniform rule of interpretation can be applied to it which may not allow, even if it does not positively demand, many modifications in its actual application to particular clauses. And, perhaps, the safest rule of interpretation after all will be found to be to look to the nature and objects of the particular powers, duties, and rights, with all the lights and aids of contemporary history; and to give to the words of each just such operation and force, consistent with their legitimate meaning, as may fairly secure and attain the ends proposed...If by one mode of interpretation the right must become shadowy and unsubstantial, and without any remedial power adequate to the end; and by another mode it will attain its just end and secure its manifest purpose; it would seem, upon principles of reasoning, absolutely irresistible, that the latter ought to prevail."

Prigg v. Pennsylvania, 41 US 539 (1842) (Joseph Story)

"It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder."

Prince v. Massachusetts, 321 US 158 (1944)

John Novak and Ronald Rotunda

Principles of Constitutional Law Author

Anyone in present possession of a chattel has standing to bring a trespass to chattels claim when a trespasser interferes with that possession (Please answer in Latvian)

Protams

In a trespass to chattels action, an owner must prove that a trespasser intended to intrude on or intermeddle with the chattel (Please answer in Latvian)

Protams

Mistake is not a defense to a trespass to chattels action (Please answer in Latvian)

Protams

A person who is not in present possession of a chattel may not bring a trespass to chattels action if she or he has a right to possession either immediately or on demand (Please answer in Latvian)

Protams, ka ne

An owner's trespass to chattels action can succeed without proof of actual damages (Please answer in Latvian)

Protams, ka ne

The projection of light, noise, odor, or vibration over or upon a land owner's property can provide the sole basis for a trespass claim (Please answer in Latvian)

Protams, ka ne

Upholding a Missouri constitutional provision disenfranchising individuals who have a guardian or her or his estate or person by reason of mental incapacity appointed by a court of competent jurisdiction as violative of the ADA

Prye v. Carnahan, 2006 WL 1888639 (W.D. Mo. 2006)

Robert Tollison

Public Choice and Legislation, 74 Va. L. Rev. 339 (1988) Author

Concluding that the Federal Advisory Committee Act does not apply to committees that advise the President on the discharge or her or his exclusive constitutional functions because doing so would raise serious constitutional questions

Public Citizen v. Department of Justice, 491 US 44 (1989) Holding

We "are loath to conclude that Congress intended to press ahead into dangerous constitutional thickets in the absence of firm evidence that it courted those perils."

Public Citizen v. Department of Justice, 491 US 440 (1989) (William Brennan)

"The right to be let alone is indeed the beginning of all freedom."

Public Util. Comm'n of DC v. Pollak, 343 US 451 (1952) (Douglas, J., dissenting)

"A State indisputably has a compelling interest in preserving the integrity of its election process." Confidence in the integrity of our electoral processes is essential to the functioning of our participatory democracy. Voter fraud drives honest citizens out of the democratic process and breeds distrust of our government. Voters who fear their legitimate votes will be outweighed by fraudulent ones will feel disenfranchised. "[T]he right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise." Countering the State's compelling interest in preventing voter fraud is the plaintiffs' strong interest in exercising the "fundamental political right" to vote. Although the likely effects of Proposition 200 are much debated, the possibility that qualified voters might be turned away from the polls would caution any district judge to give careful consideration to the plaintiffs' challenges."

Purcell v. Gonzalez, 549 US 1 (2006)

Concluding that the 9th Circuit applied the wrong legal standard in reversing the district court's denial of a preliminary injunction against an Arizona proposition requiring voters to present proof of citizenship when they register to vote and to present identification when they vote on election day

Purcell v. Gonzalez, 549 US 1 (2006) Holding

A work that provides an extensive history of the litigation in Giles v. Harris

R. Volney Riser, Defying Disenfranchisement: Black Voting Rights activism in the Jim Crow South, 1890-1908 (2010)

"This power to regulate is not a power to destroy, and limitation is not the equivalent of confiscation. Under pretence of regulating fares and freights, the State cannot...do that which in law amounts to a taking of private property for public use without just compensation, or without due process of law."

Railroad Commission Cases, 116 US 307 (1886) (Morrison Waite)

"Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed to promote justice by preventing surprises through the revival of 349*349 claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared."

Railroad Telegraphers v. Railway Express Agency, Inc., 321 US 342 (1944)

"Invocation of the equal protection clause, on the other hand, does not disable any governmental body from dealing with the subject at hand. It merely means that the prohibition or regulation must have a broader impact. I regard it as a salutary doctrine that cities, states and the Federal Government must exercise their powers so as not to discriminate between their inhabitants except upon some reasonable differentiation fairly related to the object of regulation. This equality is not merely abstract justice. The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus to escape the political retribution that might be visited upon them if larger numbers were affected. Courts can take no better measure to assure that laws will be just than to require that laws be equal in operation."

Railway Express Agency, Inc. v. New York, 336 US 106 (1949) (Jackson, J., concurring)

A Consent Theory of Contract, 86 Colum. L. Rev. 269 (1986) Author

Randy Barnett

Restoring the Lost Constitution Author

Randy Barnett

"It is idle to posit an unabridgeable First Amendment right to broadcast comparable to the right of every individual to speak, write, or publish."

Red Lion Broadcasting Co. v. FCC, 395 US 367 (1969)

"The people as a whole retain their interest in free speech by radio and their collective right to have the medium function consistently with the ends and purposes of the First Amendment. It is the right of the viewers and listeners, not the right of the broadcasters, which is paramount...It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail, rather than to countenance monopolization of that market, whether it be by the Government itself or a private licensee.

Red Lion Broadcasting Co. v. FCC, 395 US 367 (1969)

"A system of procedure is perverted from its proper function when it multiplies impediments to justice without the warrant of clear necessity."

Reed v. Allen, 286 US 191 (1932) (Cardozo, J., dissenting)

"The earliest exemplifications, too well known for repeating the history here, arose in the Court's refusal to render advisory opinions and in applications of the related jurisdictional policy drawn from the case and controversy limitation. U.S. Const., Art. III. The same policy has been reflected continuously not only in decisions but also in rules of court and in statutes made applicable to jurisdictional matters, including the necessity for reasonable clarity and definiteness, as well as for timeliness, in raising and presenting constitutional questions. The policy, however, has not been limited to jurisdictional determinations. For, in addition, "the Court [has] developed, for its own governance in the cases confessedly 569*569 within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision."[31] Thus, as those rules were listed in support of the statement quoted, constitutional issues affecting legislation will not be determined in friendly, nonadversary proceedings; in advance of the necessity of deciding them; in broader terms than are required by the precise facts to which the ruling is to be applied; if the record presents some other ground upon which the case may be disposed of; at the instance of one who fails to show that he is injured by the statute's operation, or who has availed himself of its benefits; or if a construction of the statute is fairly possible by which the question may be avoided."

Rescue Army v. Municipal Court of Los Angeles, 331 US 549 (1947) (Wiley Rutledge)

New York Times Co. v. United States (1971) holding

Respondent did not meet the heavy burden of showing justification for the enforcement of a prior restraint against the petitioner

A work that speaks to the issue of whether the 19th Amendment should be seen as a discrete legal change that addresses voting alone or reflects a broader constitutional commit to gender equality

Reva Siegel, She The People: The Nineteenth Amendment, Sex Equality, Federalism, and the Family, 115 Harv. L. Rev. (2002)

"Since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized."

Reynolds v. Sims, 377 U.S. 533 (1964)

Gentleman Revolutionary: Gouverneur Morris, the Rake Who Wrote the Constitution Author

Richard Brookhiser

"Some theorists imagine that democracy involves a collective will already in existence, lying in wait for democratic institutions to discover. Before institutions are formed, however, no such collective will exists. Political institutions and decision procedures must create the conditions out of which, for the first time, a political community can forge for itself a collective will. Those institutions and procedures specify whose views will be counted in determining the collective will and define the means by which the collective will can be recognized. No uniquely rational institutional architecture exists for construing that will. Each bundle of institutions and practices represents a distinct social constitution of the collective will."

Richard Pildes and Elizabeth Anderson, Slinging Arrows at Democracy: Social Choice Theory, Value Pluralism, and Democratic Politics, 90 Colum. L. Rev. 2121 (1990)

A work that speaks to the anomalous exclusion of Giles v. Harris from the canon

Richard Pildes, Democracy, Anti-Democracy, and the Canon, 17 Const. Comm. (2000)

A work that traces similarities between early 20th century claims justifying disenfranchisement of African-Americans in the South and parallel claims justifying disenfranchisement of Puerto Ricans

Richard Pildes, Democracy, Anti-Democracy, and the Canon, 17 Const. Comm. (2000)

Cardozo Author

Richard Posner

Economic Analysis of Law Author

Richard Posner

How Judges Think Author

Richard Posner

Law and Literature Author

Richard Posner

The Economic Structure of Tort Law Author

Richard Posner

The Essential Holmes Author

Richard Posner

The Federal Courts Author

Richard Posner

The Problematics of Moral and Legal Theory Author

Richard Posner

Section 2 of the 14th Amendment allows states to constitutionally disenfranchise convicted felons

Richardson v. Ramirez, 418 U.S. 24 (1974) Holding

A work that argues that pauper exclusions were integral to a new way of conceiving membership in 19th century republican political communities

Robert J. Steinfeld, Property and Suffrage in the Early American Republic, 41 Stan. L. Rev. 335 (1989)

A work that provides a detailed history of the litigation in Gomillion v. Lightfoot

Robert Norell, Reaping the Whirlwind: Change and Conflict in Macon County, Alabama 1941-1972 (1983)

Self-Rule: A Cultural History of American Democracy (1995) Author

Robert Wiebe

"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or...in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."

Roe v. Wade, 410 US 113 ( 1973)

An Introduction to the Philosophy of Law Author

Roscoe Pound

"Any test that turns on what is offensive to the community's standards is too loose, too capricious, too destructive of freedom of expression to be squared with the First Amendment. Under that test, juries can censor, suppress, and punish what they don't like, provided the matter relates to "sexual impurity" or has a tendency "to excite lustful thoughts." This is community censorship in one of its worst forms. It creates a regime where in the battle between the literati and the Philistines, the Philistines are certain to win."

Roth v. United States, 354 US 476 (1957) (Douglas, J., dissenting)

"All ideas having even the slightest redeeming social importance—unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion—have the full protection of the guaranties,...But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance....We hold that obscenity is not within the area of constitutionally protected speech or press."

Roth v. United States, 354 US 476 (1957) (William Brennan)

"Sex and obscenity are not synonymous."

Roth v. United States, 354 US 476 (1957) (William Brennan)

"Whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest."

Roth v. United States, 354 US 476 (1957) (William Brennan)

A defendant cannot be liable for trespass if she or he causes a third party's entry onto a property (Please answer in Czech)

Rozhodne ne

To win on a trespass claim, a claimant must show that the tortfeasor knew that the land belonged to a given party (Please answer in Czech)

Rozhodne ne

To win on a trespass claim, a claimant need not show that the tortfeasor's entry on the land was intentional (Please answer in Czech)

Rozhodne ne

"The Rules of the Senate shall continue from one Congress to the next Congress unless they are challenged as provided in these rules."

Rule V, para. 2

"It may be assumed that parents have a First Amendment right to send their children to educational institutions that promote the belief that racial segregation is desirable, and that the children have an equal right to attend such institutions. But it does not follow that the practice of excluding racial minorities from such institutions is also protected by the same principle."

Runyon v. McCrary, 427 US 160 (1976)

Refusing to give the Refugee Act of 1980 extraterritorial application because doing so could conflict with the President's constitutionally committed authority.

Sale v. Haitian Centers Council, Inc., 509 US 155 (1993) Dicta

Concluding that neither §243(h) of the INA nor Article 33 of the UN Convention Relating to the Status of Refugees limited the President's power to order the Coast Guard to repatriate undocumented individuals intercepted on the high seas.

Sale v. Haitian Centers Council, Inc., 509 US 155 (1993) Holding

A work that provides a survey of constitutional provisions and statutes that restrict the franchise on the basis of mental incapacity or insanity

Sally B. Hurme and Paul Appelbaum, Defining and Assessing Capacity to Vote: The Effect of Mental Impairment on the Rights of Voters, 38 McGeorge L. Rev. (2007)

Cov(X, Y)/SX x SY

Sample Correlation Coefficient =

r

Sample Correlation Coefficient =

(SX2)0.5

Sample Standard Deviation =

SX

Sample Standard Deviation =

SX2

Sample Variance =

∑(XI - X0)2/(n - 1)

Sample Variance =

"It would be doubly difficult to find a private damage action within the Neutrality Act, since this would have the practical effect of eliminating prosecutorial discretion in an area where the normal desirability of such discretion is vastly augmented by the broad leeway traditionally accorded the Executive in matters of foreign affairs."

Sanchez-Espinoza v. Reagan, 770 F. 2d 202 (D.C. Cir. 1985) (Antonin Scalia)

Constitutional Faith Author

Sanford Levinson

"There are as many plausible readings of the United States Constitution as there are versions of Hamlet."

Sanford Levinson, Law as Literature, 60 Tex. L. Rev. (1982)

A work that provides a discussion of voting in Puerto Rico and the Insular Cases

Sanford Levinson, Why the Canon Should Be Expanded to Include the Insular Cases and the Saga of American Expansionism, 17 Const. Comm. (2000)

"The defendant Corporations are persons within the intent of the clause in section 1 of the Fourteenth Amendment to the Constitution of the United States, which forbids a state to deny to any person within its jurisdiction the equal protection of the laws."

Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886) Syllabus

"The burden of proof that is on the plaintiff in this case does not require him to establish beyond all doubt, or beyond a reasonable doubt, that the insured died from accidental injury within the policy. He must prove that by a preponderance of the evidence. It has been held not enough that mathematically the chances somewhat favor a proposition to be proved; for example, the fact that colored automobiles made in the current year outnumber black ones would not warrant a finding that an undescribed automobile of the current year is colored and not black, nor would the fact that only a minority of men die of cancer warrant a finding that a particular man did not die of cancer...The weight or ponderance of evidence is its power to convince the tribunal which has the determination of the fact, of the actual truth of the proposition to be proved. After the evidence has been weighed, that proposition is proved by a preponderance of the evidence if it is made to appear more likely or probable in the sense that actual belief in its truth, derived from the evidence, exists in the mind or minds of the tribunal notwithstanding any doubts that may still linger there."

Sargent v. Massachusetts Accident Co., 307 Mass. 246 (1940) (Henry Lummus)

The Other Founders Author

Saul Cornell

"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight and that no Court could regard them as protected by any constitutional right. It seems to be admitted that if an actual obstruction of the recruiting service were proved, liability for words that produced that effect might be enforced."

Schenck v. United States, 249 US 47 (1919) (Oliver Wendell Holmes Jr.)

Defendant's criticism of the draft was not protected by the First Amendment, because it was intended to result in a crime and created a clear and present danger to the enlistment and recruiting service of the U.S. armed forces during a state of war.

Schenck v. United States, 249 US 47 (1919) Holding

"Every human being of adult years and sound mind has a right to determine what shall be done with his own body."

Schloendorff v. Society of New York Hospitals 211 NY 125 (1914) (Benjamin Cardozo)

"The constitutional fathers, fresh from a revolution, did not forge a political strait-jacket for the generations to come."

Schneiderman v. United States, 320 US 118 (1943) (Frank Murphy)

"Moreover, it is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that, in signing a bill, the President endorses the whole Congressional Record."

Schwegmann Bros. v. Calvert Corp., 341 US 384 (1951) (Jackson, J., concurring)

A court applies the forum state's choice of law rules to determine which state's substantive law to apply to a case (Please answer in Norwegian)

Selvfolgelig

A magistrate who participates in an investigation cannot issue a warrant that runs to an individual in that same investigation (Please answer in Norwegian)

Selvfolgelig

A person may be liable for battery if she or he acts intending to cause either a harmful or offensive contact or immediate apprehension of harmful or offensive contact with the person of another and actually causes the contact. (Please answer in Danish)

Selvfolgelig

A state can waive its 11th Amendment immunity (Please answer in Norwegian)

Selvfolgelig

Abuse of process can occur with property execution, subpoenas, property attachments, and fund garnishment (Please answer in Danish)

Selvfolgelig

Actual damages are not required to prevail on an action for most intentional torts (Please answer in Norwegian)

Selvfolgelig

All people have the capacity to commit an intentional tort. (Please answer in Norwegian)

Selvfolgelig

An arrest can only be made if the officer has probable cause (Please answer in Norwegian)

Selvfolgelig

An individual is not in custody under Miranda unless a reasonable person would believe that her or his freedom of action was restricted (Please answer in Danish)

Selvfolgelig

Article I Section 8 gives Congress the power to establish a uniform rule of naturalization (Please answer in Danish)

Selvfolgelig

Articles I, II, and III all have vesting clauses (Please answer in Danish)

Selvfolgelig

Congress can create any inferior court it deems necessary under Article III (Please answer in Danish)

Selvfolgelig

Congress can create inferior courts with specialized and limited subject matter jurisdiction (ex. tax courts) (Please answer in Danish)

Selvfolgelig

Congress cannot alter the original jurisdiction of SCOTUS with a statute (Please answer in Danish)

Selvfolgelig

Congress must provide an intelligible rule to the executive when it delegates its authority to her/him or an agency (Please answer in Norwegian)

Selvfolgelig

Evidence that would be inadmissible under the exclusionary rule can be admitted if police could have discovered the evidence through another untainted independent source (Please answer in Danish)

Selvfolgelig

Federal circuit courts can certify a case for mandatory review by SCOTUS (Please answer in Norwegian)

Selvfolgelig

Generally, an individual does not have a reasonable expectation of privacy in abandoned property (Please answer in Danish)

Selvfolgelig

Generally, an individual does not have a reasonable expectation of privacy in information that is provided to another individual in a conversation (Please answer in Danish)

Selvfolgelig

Generally, police cannot use a thermal imaging device on a home from outside the dwelling without first obtaining a search warrant (Please answer in Norwegian)

Selvfolgelig

If the forum state's choice of law rules would result in applying the substantive law of another state, but the other state's choice of law rules would have resulted in applying another state's law, the forum court could apply the law that would have applied in the other state (Please answer in Norwegian)

Selvfolgelig

In political question doctrine cases, courts will consider whether a decision would embarrass the government by providing multiple answers to the same question (Please answer in Danish)

Selvfolgelig

In political question doctrine cases, courts will consider whether the decision would respect the coordinate branches (Please answer in Danish)

Selvfolgelig

In some cases, SCOTUS must hear direct appeals from three judge district court panels (Please answer in Norwegian)

Selvfolgelig

Movement triggered by a non-controlled action can not satisfy the intentional tort volitional act requirement. (Please answer in Danish)

Selvfolgelig

Obscenity, fighting words, and true threats are not protected under the First Amendment (Please answer in Danish)

Selvfolgelig

POTUS cannot make recess appointments during three-day pro forma recess sessions (Please answer in Norwegian)

Selvfolgelig

Police cannot use dogs to sniff the exterior of a home or the curtilage of a home without a search warrant (Please answer in Norwegian)

Selvfolgelig

Pullman abstention applies in cases where a state court's resolution of unsettled state law may eliminate the need to resolve a federal issue (Please answer in Norwegian)

Selvfolgelig

Statements secured in violation of the 6th Amendment or Miranda can be used for impeachment purposes (Please answer in Norwegian)

Selvfolgelig

The 14th Amendment protects a right to travel (Please answer in Norwegian)

Selvfolgelig

The 6th Amendment applies once a "critical stage" in the proceedings has been reached (Please answer in Norwegian)

Selvfolgelig

The Double Jeopardy Clause attaches once evidence is introduced at the guilt-determination trial (Please answer in Danish)

Selvfolgelig

The Double Jeopardy Clause attaches when a trial judge unconditionally accepts the individual's plea and enters a conviction (Please answer in Danish)

Selvfolgelig

The Full Faith and Credit clause does not protect a decision if the court that entered the judgment lacked subject matter jurisdiction (Please answer in Danish)

Selvfolgelig

The existence of inherent rather than actual prejudice can support a motion for venue transfer (Please answer in Norwegian)

Selvfolgelig

The intent element of the battery cause of action requires that an individual act with intent to cause the contact in question or act with intent to cause an apprehension of impending harmful/offensive contact (Please answer in Norwegian)

Selvfolgelig

The right to a speedy trial attaches when either the suspect is arrested or the suspect is formally charged with a crime (Please answer in Danish)

Selvfolgelig

Under Brady v. Maryland, evidence that the government does not surrender is material only if it creates a reasonable probability that the result of the proceeding would have been different (Please answer in Danish)

Selvfolgelig

Under the 5th Amendment, the government can satisfy the public use requirement if the property was taken to further a legitimate public purpose (Please answer in Norwegian)

Selvfolgelig

Unless a criminal defendant can show bad faith on the part of police, failure to preserve useful evidence does not constitute a denial of due process (Please answer in Danish)

Selvfolgelig

When an individual who has pled guilty and started a sentence violates a plea agreement, that individual can be prosecuted again from the original charge and a greater offense (Please answer in Norwegian)

Selvfolgelig

When it comes to battery torts, a defendant's contact with a plaintiff is offensive if it would offend a reasonable person's sense of dignity. (Please answer in Norwegian)

Selvfolgelig

When it comes to battery torts, a plaintiff's person is protected from a defendant's intentional and impermissible contact upon any part of the body, anything attached to the body, and anything reasonably connected to the body. The result is that A may be liable to B for battery if A slaps a lunch tray out of B's hands without touching B's body. (Please answer in Danish)

Selvfolgelig

When it comes to false imprisonment claims, a plaintiff need not suffer any harm other than the confinement to bring an action. (Please answer in Norwegian)

Selvfolgelig

When it comes to false imprisonment claims, to be actionable, a claimant must be aware of the confinement or suffer harm. (Please answer in Norwegian)

Selvfolgelig

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

Selvfolgelig

A state court need not apply federal common law to a matter involving federal issues even if the federal common law is on point (Please answer in Norwegian)

Selvfolgelig Ikke

A suspect cannot demonstrate that the existence of actual prejudice supports a transfer of venue if voir dire responses demonstrate juror partiality or hostility (Please answer in Norwegian)

Selvfolgelig Ikke

Affidavits can only be based on information provided by informants (Please answer in Norwegian)

Selvfolgelig Ikke

Congress cannot provide for expedited appellate review to SCOTUS (Please answer in Norwegian)

Selvfolgelig Ikke

Formally, Congress or a committee in Congress can exercise a legislative veto (Please answer in Norwegian)

Selvfolgelig Ikke

If a promise by, or inducement from, the prosecution is used as consideration for a guilty plea, the plea will be voluntary even if the prosecutor does not go through with her or his promise (Please answer in Norwegian)

Selvfolgelig Ikke

In cases that involve pullman abstention, the doctrine applies even if the state law question is not dispositive (Please answer in Norwegian)

Selvfolgelig Ikke

Kelo v. City of New London does not support a broad reading of the phrase public use in the Takings clause (Please answer in Norwegian)

Selvfolgelig Ikke

Like the governors of some states, POTUS has line item veto authority (Please answer in Norwegian)

Selvfolgelig Ikke

Police can place a GPS on a car and follow the car for more than 30 days without a search warrant (Please answer in Norwegian)

Selvfolgelig Ikke

Police cannot use dogs to sniff the exterior of closed luggage or a car without a search warrant (Please answer in Norwegian)

Selvfolgelig Ikke

Renovi does not apply when a court applies another state's choice of law rules to apply the substantive law the other state would have applied to the case (Please answer in Norwegian)

Selvfolgelig Ikke

States can require patients seeking abortions to get the consent of a spouse before having the procedure (Please answer in Norwegian)

Selvfolgelig Ikke

The 11th Amendment prevents a federal court from issuing an injunction against state officials who are violating federal law (Please answer in Norwegian)

Selvfolgelig Ikke

The intent element of battery is not satisfied if the individual acted with desire to cause a harmful or offensive touch (Please answer in Norwegian)

Selvfolgelig Ikke

The rule of four is mandated by statute (Please answer in Norwegian)

Selvfolgelig Ikke

The volitional act element for an intentional tort does not require that a defendant move her or his body. (Please answer in Norwegian)

Selvfolgelig Ikke

When it comes to assault torts, defense of others is not a defense. (Please answer in Norwegian)

Selvfolgelig Ikke

When it comes to the offensive contact element in battery torts, accidental contacts are actionable. (Please answer in Norwegian)

Selvfolgelig Ikke

Lawrence Solum

Semantic Originalism Author

Congress may not abrogate state sovereign immunity, at least when it acts pursuant to its enumerated powers in Article I of the Constitution

Seminole Tribe of Florida v. Florida (1996) Holding

"Procedural fairness and regularity are of the indispensable essence of liberty. Severe substantive laws can be endured if they are fairly and impartially applied. Indeed, if put to the choice, one might well prefer to live under Soviet substantive law applied in good faith by our common-law procedures than under our substantive law enforced by Soviet procedural practices."

Shaughnessy v. United States ex rel. Mezei, 345 US 206 (Jackson, J., dissenting)

Concluding that appellants stated a claim under the Equal Protection Clause by alleging that a reapportionment scheme was so irrational on its face that it could be understood only as an effort to segregate voters into separate districts on the basis of race, and that the separation lacks sufficient justification.

Shaw v. Reno, 509 US 630 (1993) Holding

"A state properly has an interest in excluding from the franchise persons who have manifested a fundamental antipathy to the criminal laws of the state or of the nation by violating those laws sufficiently important to be classed as felonies...[S]uch persons have breached the social contract and, like insane persons, have raised questions about their ability to vote responsibly."

Shepherd v. Trevino, 575 F.2d 1110 (5th Cir. 1978)

"The court here points out three classes of parties to a bill in equity. They are: 1. Formal parties. 2. Persons having an interest in the controversy, and who ought to be made parties, in order that the court may act on that rule which requires it to decide on, and finally determine the entire controversy, and do complete justice, by adjusting all the rights involved in it. These persons are commonly termed necessary parties; but if their interests are separable from those of the parties before the court, so that the court can proceed to a decree, and do complete and final justice, without affecting other persons not before the court, the latter are not indispensable parties. 3. Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience."

Shields v. Barrow, 58 US 130 (1855)

"The right of the Indians to the occupancy of the lands pledged to them, may be one of occupancy only, but it is "as sacred as that of the United States to the fee."...Spoliation is not management."

Shoshone Tribe v. United States, 299 US 476 (1937)

"The proposition could not be presented more nakedly. It is that although of course its seizure was an outrage which the Government now regrets, it may study the papers before it returns them, copy them, and then may use the knowledge that it has gained...In our opinion such is not the law. It reduces the Fourth Amendment to a form of words.

Silverthorne Lumber Co. v. United States, 251 US 385 (1920) (Oliver Wendell Holmes Jr.)

"Parliament can legislate to ban smoking on the streets of Paris."

Sir Ivor Jennings

"Parliament could legislate to have all...babies put to death."

Sir Leslie Stephens

An association cannot claim standing based on the position of a member even if the member would individually have standing, or the claim made or remedy requested would require the member's participation (Please answer in Swedish)

Sjalvklart Inte

Any witness who is essential to proving the prosecution's case cannot be exempt from witness sequestration (Please answer in Swedish)

Sjalvklart Inte

Federal Rule of Evidence 615 does not allow a party to request witness sequestration (Please answer in Swedish)

Sjalvklart Inte

If an individual burns down a house by initially and only burning a flag the state can charge that person with arson and flag burning (Please answer in Swedish)

Sjalvklart Inte

In executing their duty to become informed, directors may not rely on information, opinions, reports, or statements of corporate officers (Please answer in Swedish)

Sjalvklart Inte

In general, taxpayers do not lack standing to bring a suit by virtue of the fact that they are taxpayers alone (Please answer in Swedish)

Sjalvklart Inte

LLC managers do not have a duty of fair dealing and good faith (Please answer in Swedish)

Sjalvklart Inte

Like expenditures in support of a candidate, contributions to a single candidate cannot be capped (Please answer in Swedish)

Sjalvklart Inte

Movement triggered by a reflex action can satisfy the intentional tort volitional act requirement. (Please answer in Swedish)

Sjalvklart Inte

Police cannot arrest an individual for a minor offense in public if they have probable cause but no arrest warrant (Please answer in Swedish)

Sjalvklart Inte

The commerce clause does not extend to the channels of interstate commerce (Please answer in Swedish)

Sjalvklart Inte

The federal government is not immune from direct taxation by a state (Please answer in Swedish)

Sjalvklart Inte

The text of the 14th Amendment does not assume that states can deny the right to vote to some individuals (Please answer in Swedish)

Sjalvklart Inte

When it comes to assault torts, consent is not a defense. (Please answer in Swedish)

Sjalvklart Inte

When it comes to false imprisonment claims, a claimant can never be able to recover if she or he is unconscious during the entire confinement. (Please answer in Swedish)

Sjalvklart Inte

When it comes to the offensive contact element in battery torts, the question is not what an ordinary person, who is not unduly sensitive about personal dignity, would consider offensive. (Please answer in Swedish)

Sjalvklart Inte

"On the most casual examination of the language of these amendments, no one can fail to be impressed with the one pervading purpose found in them all, lying at the foundation of each, and without which none of them would have been even suggested: we mean the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly-made freeman and citizen from the oppressions of those who had formerly exercised unlimited dominion over him."

Slaughter-House Cases, 83 US 36 (1873)

Karl Llewellyn

Some Realism about Realism - Responding to Dean Pound, 44 Harv. L. Rev. 1222 (1931) Author

Felix Frankfurter

Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527 (1947) Author

Felix Frankfurter

Some Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527 (1947). Author

Rejecting a Fourteenth and Seventeenth Amendment challenge to a Georgia statute that provided that county unit votes would determine the outcome of a primary election because the case was non-justicable

South v. Peters, 339 US 276 (1950) Holding

"The common law is not a brooding omnipresence in the sky but the articulate voice of some sovereign or quasi-sovereign that can be identified."

Southern Pacific Co. v. Jensen, 244 US 205 ( 1917) (Holmes, J., dissenting)

"A right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment in the first suit remains unmodified."

Southern Pacific R. Co. v. United States, 168 US 1 (1897)

"The abhorrence of society to the use of involuntary confessions does not turn alone on their inherent untrust-worthiness. It also turns on the deep-rooted feeling that the police must obey the law while enforcing the law; that in the end life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves."

Spano v. New York, 360 US 315 (1959)

A work that argues that the burdens of a voter ID requirements may fall disproportionately on racial minorities

Spencer Overton, Voter Identification, 105 Mich. L. Rev. (2007)

"The rule in Shelley's case, the Don Quixote of the law, which, like the last knight-errant of chivalry, has long survived every cause that gave it birth and now wanders aimlessly through the reports, still vigorous, but equally useless and dangerous."

Stamper v. Stamper 121 NC 251 (1897) (Robert Douglas)

[The Sherman Act was designed to prohibit] all contracts or acts which were unreasonably restrictive of competitive conditions, either from the nature or character of the contract or act or where the surrounding circumstances were such as to justify the conclusion that they had not been entered into or performed with the legitimate purpose of reasonably forwarding personal interest and developing trade, but on the contrary were of such a character as to give rise to the inference or presumption that they had been entered into or done with the intent to do wrong to the general public and to limit the right of individuals."

Standard Oil Co. of NJ v. United Sates, 221 US 1 (1911)

"The question relates to matters of public policy...and Congress alone can deal with the subject; [a] court would encroach upon the authority of Congress if, under the guise of construction, it should assume to determine a matter of public policy. [The opponents of a statute] must go to Congress and obtain an amendment of the the [statute] if they thin [it wrong]...[The Supreme Court] cannot and will not judicially legislate, since its function is to declare the law, while it belongs to the legislative department to make the law."

Standard Oil Co. of NJ v. United Sates, 221 US 1 (Harlan, J., concurring)

A work that argues that voter confidence in elections is not affected by whether the voter lives in a jurisdiction with a voter ID requirement

Stephen Ansolbehere and Nate Persily, Vote Fraud in the Eye of the Beholder: The Role of Public Opinion in the Challenge to Voter Identification Requirements, 121 Harv. L. Rev. (2008)

Making Our Democracy Work Author

Stephen Breyer

A work that documents the lack of electoral control over judges in almost every constitutional democracy other than the United States

Steven Croley, The Majoritarian Difficulty: Elective Judiciaries and the Rule of Law, 62 U. Chi. L. Rev. 689 (1995)

"Intent is...essential to...an attempt [to monopolize]. Where acts are not sufficient in themselves to produce a result which the law seeks to prevent — for instance, the monopoly — but require further acts in addition to the mere forces of nature to bring that result to pass, an intent to bring it to pass is necessary in order to produce a dangerous probability that it will happen....But when that intent and the consequent dangerous probability exist [the Sherman Act] like many others and like the common law in some cases, directs itself against that dangerous probability as well as against the completed result.

Swift & Co. v. United States, 196 US 375

"In the ordinary use of language it will hardly be contended that the decisions of Courts constitute laws. They are, at most, only evidence of what the laws are; and are not of themselves laws."

Swift v. Tyson, 41 US 1 (1842) (Joseph Story)

A work that examines the original understanding of the national security provisions of the constitution

Symposium, Foreign Affairs and the Constitution: The Roles of Congress, the President, and the Courts, 43 U. Miami L. Rev. (1988)

A tort is a wrongful act, not involving a breach of contract, for which an injured party may bring a civil lawsuit (Please answer in Spanish)

Sí

When it comes to battery torts, a person may be liable for battery if the person intends to cause a harmful or offensive contact with a plaintiff which results in harmful or offensive contact with the plaintiff.(Please answer in Spanish)

Sí

When it comes to damages in battery torts, proof of physical harm is not required to recover for battery. (Please answer in Spanish)

Sí

When it comes to false imprisonment claims, an escape route is not reasonable if the confined person would have to endanger her or his person through escape efforts. (Please answer in Spanish)

Sí

When it comes to the volitional act requirement for an assault tort, a defendant must voluntarily move her or his body. (Please answer in Spanish)

Sí

A promoter does not have a duty of care to her or his prospective corporation and shareholders (Please answer in Turkish)

Tabiki hayir

International judgments are protected under the Full Faith and Credit Clause (Please answer in Turkish)

Tabiki hayir

Richard Epstein

Takings: Private Property and the Power of Eminent Domain Author

"Legislators are immune from deterrents to the uninhibited discharge of their legislative duty, not for their private indulgence but for the public good. One must not expect uncommon courage even in legislators. The privilege would be of little value if they could be subjected to the cost and inconvenience and distractions of a trial upon a conclusion of the pleader, or to the hazard of a judgment against them based upon a jury's speculation as to motives."

Tenney v. Brandhove, 341 US 367 (1951) (Felix Frankfurter)

"The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."

Terminiello v. Chicago, 337 US 1 (1949) (Jackson, J., dissenting)

The appeal perfection process for civil cases

Texas Rule of Appellate Procedure 25 governs this item

John Manning

Textualism and Legislative Intent, 91 Va. L. Rev. 419 (2005) Author

John Manning

Textualism and the Equity of the Statute, 101 Colum. L. Rev. (2001) Author

John Manning

The Absurdity Doctrine, 116 Harv. L. Rev. 2387 (2003) Author

James Bryce

The American Commonwealth Author

Robert Bork

The Antitrust Paradox Author

Learned Hand

The Bill of Rights Author

Jonathan Macey and Geoffrey Miller

The Canons of Statutory Construction and Judicial Preferences, 45 Vand. L. Rev. 647 (1992) Authors

Stephen Bainbridge

The Case for Limited Shareholder Voting Rights, 53 UCLA L. Rev. 601 (2006) Author

Richard Epstein

The Classical Liberal Constitution Author

Stephen Carter

The Confirmation Mess (1993) Author

David Currie

The Constitution in Congress Author

David Currie

The Constitution in the Supreme Court (1990) Author

The federal government lacks the ability to charter and incorporate a national bank of its own

The Constitutionality of the Bank Bill 18 Op. O.L.C. - (1791) Conclusion

Henry N. Butler

The Contractual Theory of the Corporation, 11 Geo. Mason U. L. Rev. 99 (1989) Author

Gordon Wood

The Creation of the American Republic Author

John C. Yoo, The Continuation of Politics by Other Means: The Original Understanding of. War Powers, 84 CALIF. L. REV. 167 (1996) claim

The Declare War clause should only be read to give Congress the right to recognize an existing state of war

Michael D. Ramsey, Textualism and War Powers, 69 U. CHI. L. REV. 1543, 1596-97 (2002) claim

The Declare War clause was drafted to give Congress general control over initiating war

Max Radin

The Doctrine of the Separation of Powers in Seventeenth Century Controversies, 86 U. Pa. L. Rev. (1938) Author

Frank Easterbrook and Daniel Fischel

The Economic Structure of Corporate Law Author

"Were the law to be recast, it would...be a pertinent inquiry whether the conclusiveness...of facts decided in the first, might not properly be limited to future controversies which could be thought reasonably in prospect when the first suit was tried...Logical relevance is of infinite possibility; there is no conceivable limit which can be put to it. Defeat in one suit might entail results beyond all calculation by either party; a trivial controversy might bring utter disaster in its train."

The Evergreens v. Nunan, 141 F. 2d 927 (2d Cir. 1944)

Frank Cross

The Failed Promise of Originalism Author

William Prosser

The Fall of the Citadel, 50 Minn. L. Rev. (1966) Author

United States v. Cruikshank, 92 U.S. 542 (1875) Holding

The First Amendment right to assembly and the Second Amendment apply only to the federal government, not the states or private actors

Limit the number of copies of a filing that must be served

The Florida Supreme Court and District Courts of Appeal retain the discretion to do this item

Consolidate appeals

The Florida Supreme Court and Florida District Courts of Appeal can do this item sua sponte

Minor v. Happersett, 88 U.S. 162 (1875) Holding

The Fourteenth Amendment's privileges and immunities clause does not guarantee women the right to vote.

Roberta Romano

The Genius of American Corporate Law Author

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a motion for reconsideration electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a motion for stay electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a motion to dismiss electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a petition for a writ of mandamus electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a petition for a writ of prohibition electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a reply brief electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file a request for attorneys' fees and expenses electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file an amicus brief electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file an answering brief electronically

Provide proof of service with the appellate court within seven days after delivering the document to opposing counsel

The Hawaii Rules of Appellate Procedure require that you do this item if you file an appeal notice electronically

Serve the document on the parties to the action

The Hawaii Rules of Appellate Procedure require that you do this item if you file an appeal notice electronically

Mail or deliver the items to the relevant court clerk stapled or bound

The Hawaii Rules of Appellate Procedure require that you do this item if you file an opening brief electronically

Appealed order or judgment

The Hawaii Rules of Appellate Procedure require that you include this item in an electronically filed appeal notice

8.5 x 11-inch paper with a portrait orientation

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

A list of all the judges who have participated in the matter

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Appellate court title

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Bar ID Number

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Case name

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Case number

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Document name

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Document title with two lines of text or a notation at the bottom of the page

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Double or one-half spaced text with the exception of "headings, quotations, citations, indexes, footnotes, and appendices."

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Email address

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Font that is the equivalent of standard 12-point pica and that yields no more than 14 characters to the inch

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Footnotes and quotations in the same font and size as the text

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Mail address

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Proof of service in the form of either the recipient's acknowledgement of receipt or a statement attesting to service on, or attached to, the filing

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Signature in black type or print

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Telephone number

The Hawaii Rules of Appellate Procedure require that you include this item in any document filed on a litigant's behalf

Civil appeal docketing statement

The Hawaii Rules of Appellate Procedure require that you include this item in any notice of appeal or notice of cross appeal filed in a civil case

Consolidate appeals

The Hawaii Supreme Court and Hawaii Intermediate Court of Appeals can do this item on the motion of a party or after party stipulation

Consolidate appeals

The Hawaii Supreme Court and Hawaii Intermediate Court of Appeals can do this item sua sponte

Frederick Pollick and Frederic William Maitland

The History of English Law Author

A work that features panels on The Federalist's philosophical foundations; its vision of representative democracy, liberty, and constitutional structure; and its relevance to current debates regarding federalism, term limits, and judicial overreaching

The Legacy of the Federalist Papers, 16 Harv. J.L. & Pub. Pol'y 1 (1993)

The original constitution reflected a particularly elite conception of democratic politics

The Radicalism of the American Revolution (1992) Claim

Samuel Warren and Louis Brandeis

The Right to Privacy, 4 Harv. L. Rev. 193 (1890) Author

Antonin Scalia

The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175 (1989) Author

POTUS need not provide documents revealing confidential communications between the US government and France to the Senate because the requested documents were covered by executive privilege

The Senate Request for Diplomatic Correspondence 20 Op. O.L.C. - (1794) Conclusion

Nicholas Quinn Rosenkranz

The Subjects of the Constitution, 62 Stan. L. Rev. 1209 (2010) Author

Robert Jackson

The Supreme Court in the American System of Government Author

"In most cases reasonable prudence is in fact common prudence; but strictly it is never its measure; a whole calling may have unduly lagged in the adoption of new and available devices. It never may set its own tests, however persuasive be its usages. Courts must in the end say what is required; there are precautions so imperative that even their universal disregard will not excuse their omission."

The TJ Hooper, 60 F. 2d 737 (2d Cir. 1932) (Learned Hand)

Serve the document on all parties to the trial court's final judgment

The Texas Rules of Appellate Procedure require that you do this item when filing the notice of appeal

Appealed order

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Appellate court title

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Court to which the appeal is taken (unless the appeal is to either the First or Fourteenth Court of Appeals in which case the notice must state that the appeal is to either of those courts)

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Party names

The Texas Rules of Appellate Procedure require that you include this item in any notice of appeal

Adam Smith

The Theory of Moral Sentiments Author

Steven G. Calabresi and Christopher S. Yoo

The Unitary Executive: Presidential Power from Washington to Bush Authors

Adam Smith

The Wealth of Nations Author

The difference between the amount realized on the sale of the stock and the holder's basis in the shares

The amount of the gain or loss recognized on the sale or disposition of common stock is equal to this item

Karl Llewellyn

The common Law Tradition: Deciding Appeals (1960) Author

Cov(X, X)

The covariance of X with itself

Var(X)

The covariance of X with itself is equal to this item

Variance of X

The covariance of X with itself is equal to this item

C-corporations

The default rule is that publicly traded partnerships are treated as this item for federal income tax purposes

Jules Lobel Covert War and Congressional Authority: Hidden War and Forgotten Power , 134 U. Pa. L. Rev. 1035 (1986) claim

The marque and reprisal clause grants Congress sole authority to authorize private individuals to use force against another country or its citizens, whether in peacetime or during declared war

Hamdan v. Rumsfeld, 548 U.S. 557 (2006) Holding

The military commission at issue lacked the power to proceed because its structure and procedures violated both the UCMJ and the four Geneva Conventions signed in 1949 and were not expressly authorized by any congressional Act.

Alexander Hamilton, Pacificus No. 1 claim

The omission of the words herein granted from the text of Article II could be construed to allow POTUS to perform any action that is executive in nature so long as the action was not expressly granted to Congress elsewhere

John C. Yoo, The Continuation of Politics by Other Means: The Original Understanding of. War Powers, 84 CALIF. L. REV. 167 (1996) claim

The term marque and reprisal should be thought of as an anachronism referring to long abandoned state sponsored battles with pirates

Standing Rules

There are 43 of this item

Point of order

This item cannot be raised while another Senator is in control of the floor

Interlocutory appeals in criminal cases

This item describes cases where the Delaware Supreme Court does not have appellate or original jurisdiction

Cases involving final judgments and orders entered by the Superior and Chancery Courts

This item describes cases where the Delaware Supreme Court has appellate jurisdiction

Criminal cases in the Superior Court where the defendant was sentenced to death, imprisonment for a term longer than a month, or fined an amount over $100

This item describes cases where the Delaware Supreme Court has discretionary appellate jurisdiction

Criminal appeals involving capital punishment or cases where two members of the Court support a change

This item describes cases where the Delaware Supreme Court must hold an en banc hearing

Powers derived from the common law

This item describes the Crown's prerogative power in England

Powers that can be exercised without an act of parliament

This item describes the Crown's prerogative power in England

Powers which are inherent in, and peculiar to, the Crown

This item describes the Crown's prerogative power in England

The majority of powers are exercised by the executive government in the name of the Crown

This item describes the Crown's prerogative power in England

The matter will be reheard before the entire Court

This item describes the general practice of the Delaware Supreme Court if a panel cannot reach a unanimous decision

Income is taxed twice - first, at the level where the income is earned and second, once the earnings have been distributed to shareholders

This item describes the income tax treatment of C-corporations

Presiding officer advisory opinions made in response to a parliamentary inquiry from the floor

This item does not constitute a Senate procedural precedent

S-corporations

This item does not pay an entity level tax

Writ ne exeat regno

This item forbids a person from leaving the realm

Negative Correlation Coefficient

This item implies that the two variables generally move in the opposite direction

Positive Correlation Coefficient

This item implies that the two variables generally move in the same direction

Restricted stock

This item is a common form of compensation for start up employees

Restricted stock units

This item is a common form of compensation for start up employees

Include income from debt securities no later than the time those amounts are reflected on the holder's financial statements under §451(b) of the Internal Revenue Code

This item is a condition that a U.S. holder that uses an accrual as opposed to a cash accounting method must satisfy to be a beneficial owner of U.S. debt securities

Have one class of stock

This item is a condition that a firm must satisfy to be classified as an S-corporation

Scatter Plot

This item is a graph that illustrates the relationship between observations of two data series in two dimensions

The ability to have multiple classes of stock

This item is a reason that a start-up may prefer to organize as a C-corporation

The ability to structure equity ownership

This item is a reason that a start-up may prefer to organize as a C-corporation

Regulation S

This item is a regulation that an offeror must comply with if it wants to sell debt securities outside of the United States during its release of debt securities

If a U.S. issuer releases debt in bearer form after March 2012, interest payments made by the U.S issuer are not deductible and interest payments made to non-U.S. holders by a U.S. issuer of bearer debt are subject to a 30% U.S. withholding tax

This item is a rule that stems from the Hiring Incentives to Restore Employment Act

U.S. issuers are effectively prohibited from issuing debt that is in bearer form after March 2012

This item is a rule that stems from the Hiring Incentives to Restore Employment Act

Precedents interpreting the Standing Rules

This item is a source of Senate Procedure

An offering that falls within a SEC exemption

This item is a way a domestic issuer can release a debt offering in the United States

Unregistered Rule 144A offering

This item is a way a domestic issuer can release a debt offering in the United States

Only three Justices need be present

This item is the quorum requirement for panel hearings before the Delaware Supreme Court

Congressional Budget Impoundment and Control Act of 1974

This item limited debate on congressional budget resolutions to 50 hours

Senate Rule XVI

This item mandates that all questions of germaneness on appropriations bills be submitted to the Senate without debate

Sole proprietor

This item may be forced to pay a self-employment tax on any net earnings

File a self registration statement with the SEC

This item may be required for a Rule 144A registered or medium-term note program filing

Prepare a base offering memo for unregistered issues

This item may be required for a Rule 144A registered or medium-term note program filing

Partnership with interests that are traded on an established securities market or readily tradeable secondary market

This item may describe a partnership's federal income tax status

Publicly traded partnership

This item may describe a partnership's federal income tax status

Covariance

This item measures how a random variable varies with another random variable

Correlation Coefficient

This item measures the direction and extent of the linear relationship between two variables

TEFRA D rules

This item provides a loophole to the general rules in the Hiring Incentives to Restore Employment Act that cover offshore debt offerings that implicate bearer debt

A trust if a U.S. court can exercise primary supervision over the trust's administration and one or more U.S. persons are authorized to control all the trust's substantial decisions

This type of U.S. holder may be able to qualify as a beneficial owner of U.S. debt securities

An estate whose income is subject to U.S. federal income tax

This type of U.S. holder may be able to qualify as a beneficial owner of U.S. debt securities

U.S. citizen or resident

This type of U.S. holder may be able to qualify as a beneficial owner of U.S. debt securities

U.S. corporation

This type of U.S. holder may be able to qualify as a beneficial owner of U.S. debt securities

Summa Theologiae Author

Thomas Aquinas

"You seem to think it devolved on the judges to decide on the validity of the sedition law. But nothing in the constitution has given them a right to decide for the executive, more than to the Executive to decide for them. Both magistracies are equally independant in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the constitution. That instrument meant that it's co-ordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch."

Thomas Jefferson, Letter to Abigail Adams, Sept. 11, 1804

"Few decisions are more personal and intimate, more properly private, or more basic to individual dignity and autonomy, than a woman's decision...whether to end her pregnancy. A woman's right to make that choice freely is fundamental."

Thornburgh v. American College of Obstetricians and Gynecologists, 476 US 747 (1986)

"Our cases long have recognized that the Constitution embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government."

Thornburgh v. American College of Obstetricians and Gynecologists, 476 US 747 (1986) (Harry Blackmun)

"The power of the licensor against which John Milton directed his assault by his "Appeal for the Liberty of Unlicensed Printing" is pernicious not merely by reason of the censure of particular comments but by reasons of the threat to censure comments on matters of public concern. It is not merely the sporadic abuse of power by the censor but the pervasive threat inherent in its very existence that constitutes the danger to freedom of discussion."

Thornhill v. Alabama, 310 US 88 (1940)

Jonathan Macey and Geoffrey Miller

Toward an Interest-Group Theory of American Corporate Law, 65 Tex. L. Rev. 469 (1987) Author

"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used."

Towne v. Eisner, 245 US 418 (1918) (Oliver Wendell Holmes Jr.)

Felix Cohen

Transcendental Nonsense and the Functional Approach, 35 Colum. L. Rev. 809 (1935)

"The exact scope of the constitutional phrase "cruel and unusual" has not been detailed by this Court...The basic concept underlying the Eighth Amendment is nothing less than the dignity of man. While the State has the power to punish, the Amendment stands to assure that this power be exercised within the limits of civilized standards...The court [has] recognized...that the words of the Amendment are not precise, and that their scope is not static. The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.".

Trop v. Dulles, 356 US 86 (1958) (Earl Warren)

"By calling a business "property" you make it seem like land, and lead up to the conclusion that a statute cannot substantially cut down the advantages of ownership existing before the statute was passed. An established business no doubt may have pecuniary value and commonly is protected by law against various unjustified injuries. But you cannot give it definiteness of contour by calling it a thing. It is a course of conduct and like other conduct is subject to substantial modification according to time and circumstances both in itself and in regard to what shall justify doing it a harm."

Truax v. Corrigan, 257 US 312 (1921) (Holmes, J., dissenting)

"Our Constitution was not written in the sands to be washed away by each wave of new judges blown in by each successive political wind."

Turner v. United States, 396 US 398 (Black, J., dissenting)

"it is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law. If this is so, it is not because those rights are enumerated in the first eight Amendments, but because they are of such a nature that they are included in the conception of due process of law."

Twining v. New Jersey, 211 US 78 (1908)

"I think...that the notion that a business is clothed with a public interest and has been devoted to the public use is little more than a fiction intended to beautify what is disagreeable to the sufferers. The truth seems to me to be that, subject to compensation when compensation is due, the legislature may forbid or restrict any business when it has a sufficient force of public opinion behind it."

Tyson & Brother v. Banton, 273 US 418 (1927) (Holmes, J., dissenting)

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America

US Constitution Preamble

"The three departments of the government being in certain respects checks upon each other, and our being judges of a court in the last resort, are considerations which afford strong arguments against the propriety of our extrajudically deciding the questions alluded to, especially as the power given by the Constitution to the President, of calling on the heads of the departments for opinions, seems to have been purposely as well as expressly united to the executive departments. We exceedingly regret every event that may cause embarrassment to your administration, but we derive consolation from the reflection that your judgment will discern what is right."

US Supreme Court, Response to 1793 Letter from Thomas Jefferson Seeking an Advisory Opinion on Legality of US Neutrality

"Men may believe what they cannot prove. They may not be put to the proof of their religious doctrines or beliefs. Religious experiences which are as real as life to some may be incomprehensible to others."

US v. Ballard 332 US 78 (1944) (William Douglas)

"I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute."

US v. Public Utilities Comm'n., 345 US 295 (1953) (Jackson, J., concurring)

"If it is interstate commerce that feels the pinch, it does not matter how local the operation which applies the squeeze."

US v. Women's Sportswear Assn., 336 US 460 (1949)

Constitutional question

Under Senate Rule XX, if a point of order involves this matter, it must be submitted to the entire Senate

Decline to rule on a point of order and submit the matter to the entire Senate for determination

Under Senate Rule XX, the Presiding Officer may elect to do this item

Aligned interests

Under Texas Rule of Appellate Procedure 25, more than one party may file a joint notice of appeal if this item is present

A final order has not been rendered until the motion has been disposed

Under the Florida Rules of Appellate Procedure, if a party files a timely post-judgment motion for a verdict challenge, this item is the case

Appendix

Under the Florida Rules of Appellate Procedure, this item can be served with any reply

Appendix

Under the Florida Rules of Appellate Procedure, this item can be served with any response

Service certificate

Under the Florida Rules of Appellate Procedure, this item is sufficient to demonstrate proof of service

Petitions for extraordinary writs

Under the Florida Rules of Appellate Procedure, this item must be served through email, in person delivery, or fax in paper format.

The filing is filed electronically and notice is received from the Judiciary Electronic Filing and Service System or the Judiciary Information Management System

Under the Hawaii Rules of Appellate Procedure, a document is served once this item occurs

File a certificate with the court clerk within ten days of filing the appeal notice and serve the certificate on each party

Under the Hawaii Rules of Appellate Procedure, after an appeal notice has been filed, if a party does not need a record prepared for the appeal, she, he, or it must do this item

The record or partial record is filed or, when the appellate court clerk notifies the parties that the record is available in the Judiciary Information Management System

Under the Hawaii Rules of Appellate Procedure, an appeal is docketed once this item occurs

A case seeking a petition for an extraordinary writ

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case that involves a driver's license revocation

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case that involves a legal question reserved for the Hawaii Supreme Court

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case that involves an appeal in a juvenile criminal case

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case that is a post-conviction proceeding

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

A case where the appellant is incarcerated and seeking release

Under the Hawaii Rules of Appellate Procedure, an attorney need not serve a civil appeal docketing statement after filing a notice of appeal or notice of cross appeal in a civil case if the underlying matter involves this item

Server certification

Under the Hawaii Rules of Appellate Procedure, attesting statements must be accompanied by this item

The date and manner of service

Under the Hawaii Rules of Appellate Procedure, attesting statements must be accompanied by this item

The names of the person(s) served

Under the Hawaii Rules of Appellate Procedure, attesting statements must be accompanied by this item

The item will treated as if it complies with the filing, mailing, certified mailing, notice and service requirements of the Hawaii Rules of Appellate Procedure

Under the Hawaii Rules of Appellate Procedure, if a document is filed in accordance with the Hawaii Electronic Filing and Service Rules, this item occurs

Dismiss the appeal

Under the Hawaii Rules of Appellate Procedure, if a party fails to file and serve a civil appeal docketing statement with an appeal notice or cross appeal notice, the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court can do this

Appeals any disposition of the post-judgment motion in addition to any other disputed order or judgment contained in the notice

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion but a notice of appeal is filed concurrently, the appellate court will treat the appeal notice as if it does this item

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for a new trial, this item occurs

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for additional factual findings, this item occurs

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for factual finding amendments, this item occurs

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for fees or costs, this item occurs

The filing deadline for the appeal notice will be extended by thirty days until the item is disposed of

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion for rehearing, this item occurs

90 days

Under the Hawaii Rules of Appellate Procedure, if a party files a timely post-judgment motion, this item is the time deadline for court action on the motion

File a time extension motion for an additional thirty days either before or after the initial deadline expires

Under the Hawaii Rules of Appellate Procedure, if a party needs to request an extension to file an appeal notice, she, he, or it may do this item

File and serve a corrected acknowledgement of service within five days from the date of receiving the relevant document

Under the Hawaii Rules of Appellate Procedure, if the date on the proof of service does not correspond with the date the party actually received the document, the attorney must do this item

The date the motion is denied

Under the Hawaii Rules of Appellate Procedure, in criminal cases where a judgment arrest or new trial motion is filed and denied, the deadline for filing the appeal notice runs from this item

Notify the relevant appellate court within 10 days of the change

Under the Hawaii Rules of Appellate Procedure, in the event that an attorney litigating before the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court changes her or his business address, she or he must do this item

Notify the relevant appellate court within 10 days of the change

Under the Hawaii Rules of Appellate Procedure, in the event that an attorney litigating before the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court changes her or his email address, she or he must do this item

Notify the relevant appellate court within 10 days of the change

Under the Hawaii Rules of Appellate Procedure, in the event that an attorney litigating before the Hawaii Intermediate Court of Appeals or Hawaii Supreme Court changes her or his telephone number, she or he must do this item

Request additional copies of filed documents

Under the Hawaii Rules of Appellate Procedure, the appellate court retains the authority to do this item

The date the notice of appeal was filed with the appellate court

Under the Hawaii Rules of Appellate Procedure, this item is the receipt date for a notice of appeal

File a joint notice of appeal and proceed as a single appellant on appeal

Under the Hawaii Rules of Appellate Procedure, two or more parties appealing from the same judgment or order can do this item

Cloture has been invoked

Under the Standing Rules, appeals of a presiding officer ruling on a point of order are debatable unless this item is the case

The underlying question is not debatable

Under the Standing Rules, appeals of a presiding officer ruling on a point of order are debatable unless this item is the case

Natuurlijk Niet

Under the Standing Rules, if a question of order is raised during a debate of an appeal of a presiding officer ruling on a point of order and the presiding officer decides the matter without debate, the matter cannot be appealed to the entire Senate for decision (Please answer in Dutch)

Presiding officer

Under the Standing Rules, if a question of order is raised during a debate of an appeal of a presiding officer ruling on a point of order, this item decides the matter without debate

Presiding officer advisory opinions made in response to a parliamentary inquiry from the floor

Under the Standing Rules, no appeal can be taken from this item

Presiding officer response to a parliamentary inquiry

Under the Standing Rules, this item is cannot formally be appealed

Service certificate

Under the Texas Rules of Appellate Procedure, this item is sufficient to demonstrate proof of service

Sole proprietorship

Under the federal income tax code, limited liability corporations are treated as this item if they are a single member entity unless the limited liability corporation elects to be treated as a C corporation or an S corporation

"There is to be no traffic in the privilege of invoking the public justice of the state. One may press a charge or withhold it as one will. One may not make action or inaction dependent on a price. The state has, indeed, no interest to be promoted by the prosecution of the innocent...The state has an interest, however, in preserving to complainants the freedom of choice, the incentives to sincerity, which are the safeguards and the assurance of the prosecution of the guilty...Innocence will strangely multiply when the accuser is the paid defender. In such matters, the law looks beyond the specific instance, where the evil may be small or nothing. It throttles a corrupting tendency."

Union Exchange National Bank v. Joseph 231 NY 250 (1921) (Benjamin Cardozo)

"Many people believe that possession of unchallenged economic power deadens initiative, discourages thrift and depresses energy; that immunity from competition is a narcotic, and rivalry is a stimulant, to industrial progress; that the spur of constant stress is necessary to counteract an inevitable disposition to let well enough alone...[Congress] did not condone "good trusts" and condemn "bad" ones; it forbad all.

United States v. Aluminum Co. of America, 148 F. 2d 416 (2d Cir. 1945)

[Ninety percent] is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four percent would be enough; and certainly thirty-three per cent is not."

United States v. Aluminum Co. of America, 148 F. 2d 416 (2d Cir. 1945)

"To disarm the court it must appear that there is no reasonable expectation that the wrong will be repeated."

United States v. Aluminum Co. of America, 148 F. 2d 416 (2d Cir. 1945) (Learned Hand)

"Whatever the consequences we must accept the plain meaning of plain words."

United States v. Brown, 206 US 240 (1907) (Oliver Wendell Holmes Jr.)

"There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth....It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation. Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious..., or racial minorities...whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."

United States v. Carolene Products Co., 304 U.S. 144 (1938)

Dismissing indictments arising out of the Colfax Massacre, in which a Caucasian mob murdered a group of African-American voters in Louisiana

United States v. Cruikshank, 92 U.S. 542 (1876) Result

"It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution."

United States v. Curtiss-Wright Export Corp., 299 US 304 (1936) (George Sutherland)

"The advocacy of violence may, or may not, fail; but in neither case can there be any "right" to use it. Revolutions are often "right," but a "right of revolution" is a contradiction in terms, for a society which acknowledged it, could not stop at tolerating conspiracies to overthrow it, but must include their execution. The question before us, and the only one, is how long a government, having discovered such a conspiracy, must wait. When does the conspiracy become a "present danger"?"

United States v. Dennis, 183 F. 2d 201 (2d Cir. 1950)

"Where the intent is plain, nothing is left to construction. Where the mind labours to discover the design of the legislature, it seizes every thing from which aid can be derived."

United States v. Fisher, 6 US 358 (1805) (John Marshall)

"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 use of monopoly power, however lawfully acquired, to foreclose competition, to gain a competitive advantage, or to destroy a competitor, is unlawful."

United States v. Griffith, 334 US 100 (1948)

Concluding that the Feres immunity doctrine bars an action under the Federal Tort Claims Act on behalf of a service member killed during the course of an activity incident to service, where the complaint alleges negligence on the part of civilian employees of the Federal Government

United States v. Johnson, 481 US 681 (1987) Holding

"A conspiracy is a partnership in criminal purposes."

United States v. Kissel, 218 US 601 (1910) (Oliver Wendell Holmes Jr.)

"It is perfectly proper for judges to disagree about what the Constitution requires. But it is disgraceful for an interpretation of the Constitution to be premised upon unfounded assumptions about how people live."

United States v. Kras, 409 US 434 (1973) (Marshall, J., dissenting)

"The Court today holds that Congress may say that some of the poor are too poor even to go bankrupt. I cannot agree."

United States v. Kras, 409 US 434 (1973) (Stewart, J., dissenting)

"When public excitement runs high as to alien ideologies, is the time when we must be particularly alert not to impair the ancient landmarks set up in the Bill of Rights."

United States v. Lattimore, 112 F. Supp. 507 (D.D.C. 1953) (Luther Youngdahl)

"The power to admit new States resides in Congress. The President, on the other hand, is the constitutional representative of the United States in its dealings with foreign nations. From the former springs the power to establish state boundaries; from the latter comes the power to determine how far this country will claim territorial rights in the marginal sea as against other nations. Any such determination is, of course, binding on the States."

United States v. Louisiana, 363 US 1 (1960) (John Harlan II)

Concluding that Congress may not use its appropriation power to impose a bill of attainder

United States v. Lovett, 328 US 303 (1946) Holding

"At times in our system the way in which courts perform their function becomes as important as what they do in the result. In some respects matters of procedure constitute the very essence of ordered liberty under the Constitution."

United States v. Mine Workers, 330 US 258 (1947) (Wiley Rutledge)

"Neither the doctrine of separation of powers, nor the need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified Presidential privilege of immunity from judicial process under all circumstances. The President's need for complete candor and objectivity from advisers calls for great deference from the courts. However, when the privilege depends solely on the broad, undifferentiated claim of public interest in the confidentiality of such conversations, a confrontation with other values arises."

United States v. Nixon, 418 US 683 (1974) (Warren Burger)

"Nowhere in the Constitution...is there any explicit reference to a privilege of confidentiality, yet to the extent this interest relates to the effective discharge of a President's powers, it is constitutionally based.

United States v. Nixon, 418 US 683 (1974) (Warren Burger)

"We conclude that when the ground for asserting [executive] privilege as to subpoenaed materials sought for use in a criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of criminal justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial."

United States v. Nixon, 418 US 683 (1974) (Warren Burger)

"A man can still control a small part of his environment, his house; he can retreat thence from outsiders, secure in the knowledge that they cannot get at him without disobeying the Constitution. That is still a sizable hunk of liberty — worth protecting from encroachment. A sane, decent, civilized society must provide some such oasis, some shelter from public scrutiny, some insulated enclosure, some enclave, some inviolate place which is a man's castle."

United States v. On Lee, 193 F. 2d 306 (2d Cir. 1951) (Frank, J., dissenting)

"I am quite aware that owing to some of its scenes "Ulysses" is a rather strong draught to ask some sensitive, though normal, persons to take. But my considered opinion, after long reflection, is that, whilst in many places the effect of "Ulysses" on the reader undoubtedly is somewhat emetic, nowhere does it tend to be an aphrodisiac. "Ulysses" may, therefore, be admitted into the United States."

United States v. One Book Called" Ulysses", 5 F. Supp. 182 (S.D.N.Y. 1933) (John Woolsey)

"We believe that the proper test of whether a given book is obscene is its dominant effect. In applying this test, relevancy of the objectionable parts to the theme, the established reputation of the work in the estimation of approved critics, if the book is modern, and the verdict of the past, if it is ancient, are persuasive pieces of evidence."

United States v. One Book Entitled Ulysses, 72 F. 2d 705 (2d Cir. 1934) (Augustus Hand)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people."

United States v. Rabinowitz, 339 US 56 (1950) (Frankfurter, J., dissenting)

Striking down sections of the 1 870 Enforcement Act as violative of Congress' enforcement power under the reconstruction amendments

United States v. Reese, 92 U.S. 214 (1876) Result

"Each of these incidents could conceivably be an isolated event, indicating personal dereliction by one registrar, regrettable, but basically trivial in the general administration of the interpretation test. However, the great number of these and other examples, illustrative of a conscious decision, show conclusively that the discriminatory acts were not isolated or accidental or peculiar to the individual registrar but were part of a pervasive pattern and practice of disfranchisement by discriminatory use of the interpretation test."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"In another instance the registrar rejected the following interpretation of the Search and Seizure provision of the Fourth Amendment: "[N]obody can just go into a person's house and take their belongings without a warrant from the law, and it had to specify in this warrant what they were to search and seize." Another rejected interpretation of the same Amendment by a Negro applicant was: "To search you would have to get an authorized authority to read a warrant." The Louisiana Constitution Article I, § 5 provides: "The people have the right peaceably to assemble." A registrar rejected the following interpretation: "That one may assemble or belong to any group, club, or organization he chooses as long as it is within the law."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"It is evident from the record that frequently the choice of difficult sections has made it impossible for many Negro applicants to pass. White applicants were more often given easy sections, many of which could be answered by short, stock phrases such as "freedom of speech", "freedom of religion", "States' rights", and so on. Negro applicants, on the other hand, were given parts of the Louisiana Constitution such as Article VII, § 41; Article X, § 1, § 16; Article XIV, § 23, § 24.2."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"Registrars were easily satisfied with answers from white voters. In one instance "FRDUM FOOF SPETGH" was an acceptable response to the request to interpret Article 1, § 3 of the Louisiana Constitution. On the other hand, the record shows that Negroes whose application forms and answers indicate that they are highly qualified by literacy standards and have a high degree of intelligence have been turned down although they had given a reasonable interpretation of fairly technical clauses of the constitution. For example the Louisiana Constitution, Article X, § 16 provides: "Rolling stock operated in this State, the owners of which have no domicile therein, shall be assessed by the Louisiana Tax Commission, and shall be taxed for State purposes only, at a rate not to exceed forty mills on the dollar assessed value." The rejected interpretation was: "My understanding is that it means if the owner of which does not have residence within the State, his rolling stock shall be taxed not to exceed forty mills on the dollar."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"The State does not deny that unlimited discretion is vested in the registrars by the laws of Louisiana, but argues that officials must act reasonably and that their decisions are subject to review by district courts. Louisiana, however, provides no effective method whereby arbitrary and capricious action by registrars of voters may be prevented or redressed. Unreviewable discretion was built into the test."

United States v. State of Louisiana, 225 F. Supp. 353 (E.D. La. 1963) (John Minor Wisdom)

"There is need to keep in mind steadily the limits of inquiry proper to the case before us. We are not framing a decree. We are asking ourselves whether anything has happened that will justify us now in changing a decree. The injunction, whether right or wrong, is not subject to impeachment in its application to the conditions that existed at its making. We are not at liberty to reverse under the guise of readjusting...The inquiry for us is whether the changes are so important that dangers, once substantial, have become attenuated to a shadow....Nothing less than a clear showing of grievous wrong evoked by new and unforeseen conditions should lead us to change what was decreed after years of litigation with the consent of all concerned."

United States v. Swift & Co., 286 US 106 (1932) (Benjamin Cardozo)

Concluding that Title VII of the 1964 Civil Rights Act does not prohibit private sector employers from voluntarily adopting race based remedial programs

United Steelworkers of America v. Weber, 443 US 193 (1979) Holding

Police cannot use a strategy purposely designed to avoid Miranda, secure a confession, and then comply with Miranda, get a waiver, and secure a second confession (Please answer in Italian)

Vero

Police cannot use fixed checkpoints to indiscriminately search drivers for drugs (Please answer in Italian)

Vero

The 10th Amendment reserves to the States the power to create state courts (Please answer in Italian)

Vero

The transferred intent doctrine provides that when the defendant acts with intent to harm a first party but instead injures a second party, the defendant becomes liable to the second party. (Please answer in Italian)

Vero

Unfortunately, under the 5th Amendment's equal protection component, the federal government does not receive any more latitude than states when its remedial programs are challenged (Please answer in Italian)

Vero

When it comes to the apprehension requirement for an assault tort, a person may escape liability if she or he threatens harmful or offensive contact at some future time because the apprehension does not relate to imminent contact. (Please answer in Italian)

Vero

When it comes to the shopkeeper exception in false imprisonment claims, a storekeeper can only confine a patron for a reasonable amount of time and in a reasonable manner to investigate suspicions.(Please answer in Italian)

Vero

"A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. This goal is a permissible one within Berman v Parker...The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people."

Village of Belle Terre v. Boraas, 416 US 1 (1974) (William Douglas)

War Powers of the President and Congress: Who Holds the Arrows and Olive Branch? (1981) Author

W. Taylor Reveley

A work that speaks to the issue of whether the 19th Amendment should be seen as a discrete legal change that addresses voting alone or reflects a broader constitutional commit to gender equality

W. William Hodes, Women and the Constitution: Some Legal History and a New Approach to the Nineteenth Amendment, 25 Rutgers L. Rev. (1970)

"Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognizes them as normal. It places their effects within the range of the natural and probable. The wrong that imperils life is a wrong to the imperilled victim; it is a wrong also to his rescuer. The state that leaves an opening in a bridge is liable to the child that falls into the stream, but liable also to the parent who plunges to its aid. The railroad company whose train approaches without signal is a wrongdoer toward the traveler surprised between the rails, but a wrongdoer also to the bystander who drags him from the path. The rule is the same in other jurisdictions. The risk of rescue, if only it be not wanton, is born of the occasion. The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had."

Wagner v. International Railway Co 232 NY 176 (1921) (Benjamin Cardozo)

An officer can stop a car even if she or he does not believe that the driver or an occupant is engaged in criminal activity (Please answer in Hawaiian)

Wahahe'e

"One wonders whether the majority still believes that race discrimination — or, more accurately, race discrimination against nonwhites — is a problem in our society, or even remembers that it ever was."

Wards Cove Packing Co. v. Atonio, 490 US 642 (1989) (Blackmun, J., dissenting)

Rejecting a First Amendment facial challenge to a state referendum requiring candidates to be identified on the primary ballot by their self-designated party preference; allowing voters to vote for any candidate in the primary stage; and permitting only the two top vote getters for each office, regardless of party preference, to advance to the general election

Wash. State Grange v. Wash. State Rep. Party, 552 US 442 (2008) Holding

Concluding that a 14th Amendment equal protection challenge to a facially neutral provision can only succeed if the provision has a disparate impact and was enacted with a discriminatory purpose

Washington v. Davis, 426 U.S. 229 (1976) Holding

"Of course, no confession that has been obtained by any form of physical violence to the person is reliable and hence no conviction should rest upon one obtained in that manner. Such treatment not only breaks the will to conceal or lie, but may even break the will to stand by the truth. Nor is it questioned that the same result can sometimes be achieved by threats, promises, or inducements, which torture the mind but put no scar on the body."

Watts v. Indiana, 338 US 49 (1949) (Jackson, J., concurring)

"One serious situation seems to me to stand out in these [confession] cases. The suspect neither had nor was advised of his right to get counsel. This presents a real dilemma in a free society. To subject one without counsel to questioning which may and is intended to convict him, is a real peril to individual freedom. To bring in a lawyer means a real peril to solution of the crime, because, under our adversary system, he deems that his sole duty is to protect his client—guilty or innocent—and that in such a capacity he owes no duty whatever to help society solve its crime problem. Under this conception of criminal procedure, any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances."

Watts v. Indiana, 338 US 49 (1949) (Jackson, J., concurring)

"Thus, "not with a bang, but a whimper," the plurality discards a landmark case of the last generation, and casts into darkness the hopes and visions of every woman in this country who had come to believe that the Constitution guaranteed her the right to exercise some control over her unique ability to bear children. The plurality does so either oblivious or insensitive to the fact that millions of women, and their families, have ordered their lives around the right to reproductive choice, and that this right has become vital to the full participation of women in the economic and political walks of American life."

Webster v. Reproductive Health Services, 492 US 490 (1989)

"Time works changes, brings into existence new conditions and purposes. Therefore a principle to be vital must be capable of wider application than the mischief which gave it birth. This is peculiarly true of constitutions. They are not ephemeral enactments, designed to meet passing occasions. They are, to use the words of Chief Justice Marshall, "designed to approach immortality as nearly as human institutions can approach it." The future is their care and provision for events of good and bad tendencies of which no prophecy can be made. In the application of a constitution, therefore, our contemplation cannot be only of what has been but of what may be."

Weems v. United States, 217 US 349 (1910) (Joseph McKenna)

"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

West Virginia Bd. of Ed. v. Barnette, 319 US 624 (1943)

"Our constant preoccupation with the constitutionality of legislation rather than with its wisdom tends to preoccupation of the American mind with a false value. The tendency of focussing attention on constitutionality is to make constitutionality synonymous with wisdom, to regard a law as all right if it is constitutional. Such an attitude is a great enemy of liberalism. Particularly in legislation affecting freedom of thought and freedom of speech much which should offend a free-spirited society is constitutional. Reliance for the most precious interests of civilization, therefore, must be found outside of their vindication in courts of law. Only a persistent positive translation of the faith of a free society into the convictions and habits and actions of a community is the ultimate reliance against unabated temptations to fetter the human spirit."

West Virginia Bd. of Ed. v. Barnette, 319 US 624 (1943) (Frankfurter, J., dissenting)

Issue price

When it comes to debt instruments issued for money, this item is the first price at which a substantial amount of the debt instruments are sold to parties that are not brokers

Issue price

When it comes to debt instruments issued for money, this item is the first price at which a substantial amount of the debt instruments are sold to parties that are not persons acting in the capacity of placement agents

Issue price

When it comes to debt instruments issued for money, this item is the first price at which a substantial amount of the debt instruments are sold to parties that are not persons acting in the capacity of underwriters

No

When it comes to sample covariance, correlation can never reflect chance relationships in a data set. (Please answer in Spanish)

Pay U.S. federal income tax on gain realized on the sale or disposition of common stock

When it comes to taxes on capital gains, non-U.S. holders generally do not have to do this item

There is no relationship between the variables

When the covariance between two variables is 0, this item is the case

There is an inverse relationship between the variables

When the covariance between two variables is negative, this item is the case

There is a positive relationship between the variables

When the covariance between two variables is positive, this item is the case

The Statute

Where a statute seeks to regulate a matter previously falling under the prerogative but does not expressly abolish the prerogative, this item prevails

"Legislatures are not grammar schools; and, in this country at least, it is hardly reasonable to expect legislative acts to be drawn with strict grammatical or logical accuracy."

Whipple v. Judge of Saginaw Circuit, 26 Mich. 342 (1873) (Isaac Christiancy)

"A cent or a peppercorn, in legal estimation, would constitute consideration."

Whitney v. Stearns, 16 Me. 394 (1839) (Whitney v. Stearns)

J. Harvie Wilkinson III

Why Conservative Jurisprudence is Compassionate, 89 Va. L. Rev. 753 (2003) Author

"It is hardly lack of due process for the Government to regulate that which it subsidizes."

Wickard v. Filburn, 317 US 111 (1942) (Robert Jackson)

"It is of the essence of regulation that it lays a restraining hand on the self-interest of the regulated and that advantages from the regulation commonly fall to others. The conflicts of economic interest between the regulated and those who advantage by it are wisely left under our system to resolution by the Congress under its more flexible and responsible legislative process. Such conflicts rarely lend themselves to judicial determination. And with the wisdom, workability, or fairness, of the plan of regulation we have nothing to do."

Wickard v. Filburn, 317 US 111 (1942) (Robert Jackson)

The prerogative is "that special pre-eminence which the King hath over and above all other persons, and out of the ordinary course of the common law, in right of his regal dignity. It signifies in its etimology [from prae to rogo] something that is required or demanded before, or in preference to, all others"

William Blackstone

The Meaning of Separation of Powers (1965) Author

William Gwynn

A work that argues that the theory of separation of powers assigned different powers to different institutions and persons in government in order to forestall tyranny, to promote the government legitimacy, and to make government more efficient

William Gwynn, The Meaning of Separation of Powers (1965)

"This proviso can not be sustained on the theory that it is a proper condition attached to an appropriation. Congress holds the purse strings, and it may grant or withhold appropriations as it chooses, and when making an appropriation may direct the purposes to which the appropriation shall be devoted and impose conditions in respect to its use, provided always that the conditions do not require operation of the Government in a way forbidden by the constitution."

William Mitchell, Constitutionality of Proposed Legislation Affecting Tax refunds, 30 Op. Att'y Gen. 56 (1933)

Dynamic Statutory Interpretation Author

William N. Eskridge, Jr.

Grand Inquests Author

William Rehnquist

The Supreme Court Author

William Rehnquist

A work that examines the original understanding of the national security provisions of the constitution

William Treanor, Fame, the Founding, and the Power to Declare War, 82 Cornell L. Rev. 695 (1997)

The Attorney General is not required to provide legal counsel to individuals in disputes with the federal government

William Wirt, 1 Op. A.G. 14 (1/23/1818)

A government document that discusses the scope and proper exercise of the pardon power

William Wirt, 1 Op. A.G. 482 (1821)

"Republican orthodoxy" requires government officials to pay scrupulous attention to the legal limits of their authority

William Wirt, 1 Op. A.G. 492 (1821)

A government document that discusses the scope and proper exercise of the pardon power

William Wirt, 5 Op. A.G. 729 (1821)

Rejecting a 14th Amendment equal protection challenge to a state election scheme requiring the imposition of a literacy test and poll tax charge for voters

Williams v. Mississippi, 170 U.S. 213 (1898) Holding

Invalidating an Ohio election law requiring any new political party seeking a ballot position in a presidential election to obtain petitions signed by qualified electors totaling 15% of the number of ballots cast in the last gubernatorial election and file these petitions early in February of the election year as violative of the Fourteenth Amendment's Equal Protection Clause

Williams v. Rhodes, 393 U.S. 23 (1968) Holding

Upholding the grant of an injunction that forbade registrars in Westchester County from applying a more stringent substantive standard to the registration applications of students who lived in the dormitories of the State University campus at Purchase

Williams v. Salerno, 792 F. 2d 323 (2d Cir. 1986) Holding

"Imprisonment to protect society from predicted but unconsummated offenses is so unprecedented in this country and so fraught with danger of excesses and injustice that I am loath to resort to it, even as a discretionary judicial technique to supplement conviction of such offenses as those of which defendants stand convicted."

Williamson v. United States, 184 F. 2d 280 (2d Cir. 1950) (Robert Jackson)

"Unless a venireman states unambiguously that he would automatically vote against the imposition of capital punishment no matter what the trial might reveal, it simply cannot be assumed that that is his position."

Witherspoon v. Illinois, 391 US 510 (1968) (Potter Stewart)

"If the position implies that prisoners in state institutions are wholly without the protections of the Constitution and the Due Process Clause, it is plainly untenable. Lawful imprisonment necessarily makes unavailable many rights and privileges of the ordinary citizen, a "retraction justified by the considerations underlying our penal system." But though his rights may be diminished by the needs and exigencies of the institutional environment, a prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain drawn between the Constitution and the prisons of this country."

Wolff v. McDonnell, 418 US 539 (1974) (Byron White)

"The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed...If that is so, there is a contract."

Wood v. Lucy, Lady Duff-Gordon, 118 N.E. 214 (1917) (Benjamin Cardozo)

Constitutional Government in the United States Author

Woodrow Wilson

"The penalty of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term difference from one of only a year or two."

Woodson v. North Carolina, 428 US 280 (1976)

"When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter."

Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) (Jackson, J., concurring)

Conversion is the appropriate cause of action when a tortfeasor has caused sufficient damage to require payment for the full value of the chattel (Please answer in Lithuanian)

Zinoma

Trespass to chattels and conversion are distinguished by analyzing the type and extent of interference with the chattels (Please answer in Lithuanian)

Zinoma

An action for conversion can be brought if the defendant does not interfere with a plaintiff's right of ownership (Please answer in Lithuanian)

Zinoma ne

Generally, a court can enforce the penal laws of another jurisdiction (Please answer in Lithuanian)

Zinoma ne

The transferred intent doctrine does not apply to a trespass to chattels claim (Please answer in Lithuanian)

Zinoma ne

"We are a religious people whose institutions presuppose a Supreme Being. We guarantee the freedom to worship as one chooses. We make room for as wide a variety of beliefs and creeds as the spiritual needs of man deem necessary. We sponsor an attitude on the part of government that shows no partiality to any one group and that lets each flourish according to the zeal of its adherents and the appeal of its dogma. When the state encourages religious instruction or cooperates with religious authorities by adjusting the schedule of public events to sectarian needs, it follows the best of our traditions."

Zorach v. Clauson, 343 US 306 (1952) (William Douglas)

United States v. Robel (1968) holding