DEPARTMENT OF AGRICULTURE AND THE CLASS-OF-ONE THEORY OF EQUAL PROTECTION I. INTRODUCTION In 2000‚ a short‚ per curiam Supreme Court decision accepted the “class-of-one” theory of equal protection‚1 permitting an individual in a non-suspect class to claim violations of the Fourteenth Amendment’s Equal Protection Clause.2 While the class-of-one theory articulated in Village of Willowbrook v. Olech‚3 with its focus on individual rights‚ is a logical offshoot of equal protection jurisprudence‚4 the precise form
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be conscience. Unlike Unconscionable means unfair or unjust. In any law of a contract it means that the contract or the terms and conditions are unjust that the court will be forced to decline it. The contract should be found both procedurally and substantively unconscionable for the court to prove it unconscionability. (D.R. Horton‚ Inc. v. Green‚ 120 Nev. 549‚ 553‚ 96 P.3d 1159‚ 1162) (2004). Unconscionability can be described
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process change a little to decapitation‚ execution‚ hanging‚ electrocution‚ execution by gas and the one use to date lethal injection. (1. History of death penalty) One of the cases that reach the Supreme Court and change the laws in the United States about the death penalty was the case of Furman v. Georgia in 1971. William Henry Furman claimed that his sentencing violated his rights guaranteed by the 14th amendment. (The 14th Amendment was passed after the American Civil War‚ and was designed to
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U On May 15‚ 2000‚ the United States Supreme Court held that a portion of the federal Violence Against Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison‚ who evaded charges under the act that would provide a victim‚ Christy Brzonkala‚ of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This
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Marbury v. Madison (1803‚ Marshall). The court established its role as the arbiter of the constitutionality of federal laws‚ the principle is known as judicial review Fletcher v. Peck (1810‚ Marshall). The decision stems from the Yazoo land cases‚ 1803‚ and upholds the sanctity of contracts. McCulloch v. Maryland (1819‚ Marshall). The Court ruled that states cannot tax the federal government‚ i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the
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Penney WedBetter Professor James Barney LSTD502 Criminal Law Case Brief: State v Stark October 19‚ 2014 Citation: State v. Stark‚ 832 P.2d 109 (Wash.App. 1992) Posture: Stark appealed upon conclusion of a criminal jury and bench trial to Washington Appellate court from in which he was found guilty of three counts of second-degree assault as a result of exposing three female partners to HIV virus on over 6 occasions where he used a condom some of the time and after vaginal intercourse ejaculated
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First Amendment: Lemon v. Kurtzman and the Freedom of Religion Freedom of Religion is perhaps one of the greatest freedoms that the United States of America provides. The Establishment Clause and the Free Exercise Clause of are the first lines of the First Amendment to the Constitution of the United States and comprise this Freedom of Religion. They read‚ “Congress shall make no law respecting the establishment of religion‚ or prohibiting
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That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative
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INDIAN COURT Introduction The courts have always tried to keep pace with development in technology both with regard to the process of the system of justice and the cases that pass through it. The harmonization of the law relating to information technology and evidence by the Indian legislature‚ together with the positive approach of the Indian courts in recognizing and appreciating electronic evidence‚ has equipped India to meet the new challenges of the digital era. The Indian courts have observed
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Gideon v. Wainwright – 372 U.S. 335 (1963) Keilah Herring Kaplan University PA 260: Criminal Law Professor Chiacchia March 6‚ 2012 Gideon v. Wainwright – 372 U.S. 335 (1963) Clarence Earl Gideon was charged with a felony under Florida State Law. He allegedly broke into a poolroom with the intent to commit a misdemeanor‚ thus making it a felony. Mr. Gideon was indigent and asked the court to appoint counsel for him. The court stated that because Gideon was not charged with a capital offense
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