| CASES & ROL | ORANGE | LECTURE NOTES (CLASS) | CHAPTER 1 JUSTICIABILITY DOCTRINE & LIMITS (A) AUTHORITY FOR JUDICIAL REVIEW 1) MARBURY V MADISON: i. ROL The Supreme Court of the United States has the authority to review laws and legislative acts to determine whether they comply with the United States Constitution. Class notes on Marbury: (1) Congress was looking at the constitution to augment the US supreme court through legislation (2)
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Procreate G. Abortion H. Sex I. Medical Decisions J. Control of Information III. Equal Protection A. Constitutional Sources B. Analysis C. Rational Basis D. Race and National Origin 1. Reason 2. Facial Discrimination 3. Facially Neutral Laws With a Discriminatory Impact or With Discriminatory Administration a. The Requirement for Proof of a Discriminatory Purpose b. Is Proof of Discriminatory Effect Also Required? c. How is Discriminatory Purpose Proven? 4. Racial Classifications
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State Action requirement The Constitution does not generally apply to private entities or actors; there must be a state law passed or action through officers or agents of the state‚ which is adverse to the rights of the citizen seeking our adjudication. The Civil Rights Cases. COMEDOWN: While the state action doctrine may have serious costs: absent statutory restrictions‚ private conduct can infringe or trample even the most basic of rights‚ this court likes the state action doctrine because
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Fabiana Byles The Great Railroad Strike of 1877 September 21‚ 2014 Scharfenberg The Strike of the Railroads The Great Railroad Strike of 1877 was a huge protest of railroad workers that spread across the United States. These strikes were started due to wage cuts in the Baltimore and Ohio (B&O) Railroad. This was a violent protest in the B&O station in West Virginia‚ Pittsburgh‚ Chicago‚ Maryland and Ohio. Labor was able to unionize by the workers working together in demonstrations but they
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INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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Constitutional Law II Professor Peter J. Smith Fall 2011 Outline Introduction Background 1. Originalism v. Non-Originalism a. Originalism i. Characteristics 1. Historical inquiry. 2. Original meaning of Constitution; intent of Framers; application by first Congress is authoritative. ii. Scalia is a big proponent. 3. Liberals‚ e.g.‚ Stevens‚ occasionally employ originalist methods. iii. Criticisms
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Law Enforcement Angela Primiano CRJ 201 Instructor: Donald Mason January 13‚ 2012 Every society has rules to go by and laws that must not be broken and along with that is the criminal justice that even gives the criminal rights. Criminals in the United States are to be given their rights and not to have harm to them in any way under the justice system as they may be freed from their prosecution and their case be acquitted if found in their favor if an act of unjust or immoral conduct
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Topic 1: Common Law & Environmental Harm: Nuisance 5 §1.01: Private Nuisance 5 [1] Definition of Private Nuisance 5 [2] General Rule 5 [3] Unreasonableness of Intentional Invasion 5 [4] Gravity of Harm Factors 5 [5] Utility of Conduct versus Gravity 6 [6] Important Historical Nuisance Cases 6 [7] Nonpoint Source Groundwater Pollution 7 [8] Coase Theorem 7 §1.02: Public Nuisance 7 [1] Definition and Overview of Public Nuisance 7 [2] Who Can
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I. Introduction to Property Law (1-12) Restatement View of Property 1. The legal relations between persons with respect to a thing. a. Thing may be an object with a physical existence or an intangible object. 2. Bundle of Sticks – each stick represents a right a. Posses‚ use‚ manage‚ consume‚ destroy‚ modify‚ alienate‚ etc Classical Perspectives 1. Occupation - one of the natural modes of acquisition a. Taking possession of property of no man with the intention of keeping it (sometimes
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Employment Law Outline General Theme for Regulating/Not Regulating: Structure of Legal Responses to Problem 1. Economic Rational a. Inefficient for government to intervene b. People best at knowing what they want (rational beings) 2. In balance of information between employer/employee (safety) 3. Power inbalances a. Employees may have no other options (captive) b. Employers have more power in general 4. People are irrational‚ don’t know what is best for them 5. Social cost to society from “rational”
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