Gundy V. United States
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Gundy V. United States
''Gundy v. United States'', No. 17-6086, 588 U.S. ___ (2019), was a United States Supreme Court case that held that , part of the Sex Offender Registration and Notification Act ("SORNA"), does not violate the nondelegation doctrine.. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of ORNA. Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an " intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch, but it did not. Background Herman Avery Gundy was on supervised release for a prior federal offense he had committed when he was convicted of sexual assault in Maryland (a state offense), on October 3, 2005. He was sentenced to 20 years imprisonment and 5 years proba ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New York (Manhattan) and Bronx; six are in Downstate: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age and influence, it is sometimes colloquially called the "Mother C ...
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Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. Baltimore is the largest city in the state, and the capital is Annapolis. Among its occasional nicknames are '' Old Line State'', the ''Free State'', and the '' Chesapeake Bay State''. It is named after Henrietta Maria, the French-born queen of England, Scotland, and Ireland, who was known then in England as Mary. Before its coastline was explored by Europeans in the 16th century, Maryland was inhabited by several groups of Native Americans – mostly by Algonquian peoples and, to a lesser degree, Iroquoian and Siouan. As one of the original Thirteen Colonies of England, Maryland was founded by George Calvert, 1st Baron Baltimore, a Catholic convert"George Calvert and Cecilius Calvert, Barons Baltimore" William Hand Browne, ...
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Pacific Legal Foundation
Pacific Legal Foundation (PLF) is a libertarian public interest law firm in the United States.Zumbrun, Ronald A. (2004). "Life, Liberty, and Property Rights," in ''Bringing Justice to the People: The Story of the Freedom-Based Public Interest Law Movement'' (Lee Edwards, ed.). Washington, DC: Heritage Books, , pp. 41–44 PLF was established for the purpose of defending and promoting individual and economic freedom in the courts. To that end, PLF attorneys provide pro bono legal representation to clients, file ''amicus curiae'' briefs, and participate in administrative proceedings with the goal of supporting property rights, equality before the law, freedom of speech and association, economic liberty, and separation of powers. They have represented clients in 14 cases before the United States Supreme Court, which are listed below. PLF is a non-profit organization under Section 501(c)(3) of the Internal Revenue Code. It does not charge for legal services, but instead is funded b ...
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Cato Institute
The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Industries is the second largest privately held company by revenue in the United States. Cato was established to have a focus on public advocacy, media exposure and societal influence. According to the ''2020 Global Go To Think Tank Index Report'' ( Think Tanks and Civil Societies Program, University of Pennsylvania), Cato is number 27 in the "Top Think Tanks Worldwide" and number 13 in the "Top Think Tanks in the United States". The Cato Institute is libertarian in its political philosophy, and advocates a limited role for government in domestic and foreign affairs as well as a strong protection of civil liberties. This includes support for lowering or abolishing most taxes, opposition to the Federal Reserve system and the Affordable Care ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20 ...
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Time Served
In criminal law, time served is an informal term that describes the duration of pretrial detention (remand), the time period between when a defendant is arrested and when they are convicted. Time served does not include time served on bail but only during incarceration and can range from days to, in rare cases, years. A sentence of time served may result from plea bargains in which in exchange for only receiving a sentence that involves no additional period of incarceration), a defendant accepts a guilty plea. Additional terms of sentence that may accompany a sentence of served also include a probation, a fine, or unpaid community service. Statistics released in 2020 by the Victorian Sentencing Advisory Council show that 67% of people sentenced to prison in Victoria, Australia in 2017–18 spent at least one day in remand, up from 47% in 2011–12. In the same year, of the cases that Victorian courts issued imprisonment orders to, 66% exceeded time served (meaning additio ...
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Susan L
Susan is a feminine given name, from Persian "Susan" (lily flower), from Egyptian '' sšn'' and Coptic ''shoshen'' meaning "lotus flower", from Hebrew ''Shoshana'' meaning "lily" (in modern Hebrew this also means "rose" and a flower in general), from Greek ''Sousanna'', from Latin ''Susanna'', from Old French ''Susanne''. Variations * Susana (given name), Susanna, Susannah * Suzana, Suzanna, Suzannah * Susann, Suzan, Suzann * Susanne (given name), Suzanne * Susanne (given name) * Suzan (given name) Suzan may refer to: *Suzan Najm Aldeen (born 1973), Syrian actress * Suzan Anbeh (born 1970), German actress * Suzan Rose Benedict (1873–1942), American academic *Suzan Brittan (born 1967), American actress and vocalist * Suzan Çevik (born 1977) ... * Suzanne (other), Suzanne * Suzette (given name) * Suzy (given name) * Zuzanna (given name) *Cezanne (Avant-garde) Nicknames Common nicknames for Susan include: * Sue (other), Sue, Susie (other), Susie, ...
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United States Federal Judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Courts of Appeals, the district judges of the U.S. District Courts, and the judges of the U.S. Court of International Trade. These judges are often called "Article Three judges". Unlike the president and vice president of the United States and U.S. senators and representatives, U.S. federal judges are not elected officials. They are nominated by the President and confirmed by the Senate, pursuant to the Appointments Clause of Article Two of the U.S. Constitution. The U.S. Constitution gives federal judges life tenure, and they hold their seats until they die, resign, or are removed from office by impeachment. Strictly speaking, the term "federal judge" does not include U.S. magistrate judges or the judges of lesser federal trib ...
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Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motio ...
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2d Cir
D, or d, is the fourth letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''dee'' (pronounced ), plural ''dees''. History The Semitic letter Dāleth may have developed from the logogram for a fish or a door. There are many different Egyptian hieroglyphs that might have inspired this. In Semitic, Ancient Greek and Latin, the letter represented ; in the Etruscan alphabet the letter was archaic, but still retained (see letter B). The equivalent Greek letter is Delta, Δ. Architecture The minuscule (lower-case) form of 'd' consists of a lower-story left bowl and a stem ascender. It most likely developed by gradual variations on the majuscule (capital) form 'D', and today now composed as a stem with a full lobe to the right. In handwriting, it was common to start the arc to the left of the vertical stroke, resulting in a serif at the top of the arc. This seri ...
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Ex Post Facto Law
An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto'' law commonly called an amnesty law may decriminalize certain acts. (Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered.) A pardon has a similar effect, in ...
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Indictment
An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of an indictable offence, an offence that requires an indictment. Australia Section 80 of the Constitution of Australia provides that "the trial on indictment of any offence against any law of the Commonwealth shall be by jury". The High Court of Australia has consistently used a narrow interpretation of this clause, allowing the Parliament of Australia to define which offences proceed on indictment rather than conferring a universal right to a jury trial. Section 4G of the ''Crimes Act 1914'' provides that "offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears". Canada A direct indictment is one in which the case is sent directl ...
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