|
Privileges Or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868. Text of the clause The clause states: Drafting and adoption The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges ''and'' Immunities Clause in Article Four of the United States Constitution, which provided that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States". On February 3, 1866, the Joint Committee on Reconstruction (also known as the "Joint Committee of Fifteen") voted in favor of a draft constitutional amendment proposed by Bingham. The draft constitutional amendment provided: This language closely tracked the ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privileges And Immunities Clause
The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause. Text Prior to ratification of Constitution The clause is similar to a provision in the Articles of Confederation: "The free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States." James Madison discussed that provision of the Articles of Confederation in Federalist No. 42. Madison wrote, "Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State." Madison ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Illinois College Of Law
The University of Illinois College of Law (Illinois Law or UIUC Law) is the law school of the University of Illinois Urbana-Champaign, a public university in Champaign, Illinois. It was established in 1897 and offers the J.D., LL.M., and J.S.D. degrees. History The College of Law was founded in 1897 and is a charter member of the Association of American Law Schools. The law honor society known as the Order of the Coif was founded at the University of Illinois College of Law in 1902. University of Illinois College of Law is on the south end of the main University of Illinois campus in Champaign, near Memorial Stadium (Champaign) and the State Farm Center. The University of Illinois College of Law has the 14th largest law library in the United States of America, and the college has several notable alumni in law firms, politics, the judiciary, and academia, including: Albert E. Jenner Jr., name partner at the law firm Jenner & Block, Annette Lu, Vice President of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Pilon
Roger Pilon (born November 28, 1942) is Vice President for Legal Affairs for the Cato Institute, and an American libertarian legal theorist. In particular, he has developed a libertarian version of the rights theory of his teacher, noted philosopher Alan Gewirth. Education Roger Pilon has three philosophy degrees: a bachelor's degree from Columbia University and a masters and doctorate, both from the University of Chicago. He also earned a law degree at the George Washington University. General background Pilon is the publisher of the Cato Supreme Court Review. His writing has appeared in such newspapers as the ''New York Times'', the ''Washington Post'', the ''Wall Street Journal'', and the ''Los Angeles Times''. He also frequently appears on television shows and testifies before Congress. In addition, Pilon held five senior posts in the administration of Ronald Reagan. He is married to Juliana Geran Pilon.David Johnston"Ex-U.S. Worker Angry at Justice Dept. 'Misconduct' Report ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Van Alstyne
William Warner Van Alstyne (February 8, 1934 – January 29, 2019) was an American attorney, law professor, and constitutional law scholar. Prior to retiring in 2012, he held the named position of Lee Professor of Law at William and Mary Law School. He was the Perkins Professor of Law at Duke Law School for more than 30 years. Among many others, he taught at Chicago Law School, Stanford Law School, University of California, Berkeley Law School, University of California, Los Angeles Law School, and Michigan Law School. Early life and education Van Alstyne was born in Chico, California to Richard and Margaret (Ware) Van Alstyne. His father was a college professor and historian and his mother was a writer of children's literature. Van Alstyne received his Bachelor of Arts in philosophy ''magna cum laude'' from the University of Southern California. He received his Juris Doctor from Stanford Law School. Following his admission to the California Bar and brief service as deputy attor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oyama V
Oyama, Ōyama or Ohyama may refer to: * Oyama, Tochigi ( ja, 小山市, link=no), a city in Japan * Ōyama, Ōita ( ja, 大山町, link=no), a town in Japan * Oyama, Shizuoka ( ja, 小山町, link=no), a town in Japan * Mount Ōyama (Kanagawa) ( ja, 大山, link=no), a mountain in Japan * Oyama (Japanese theatre) ( ja, 女形, link=no), also known as ''onnagata'' ( ja, 女形/女方, link=no), a male actor who plays female parts in Kabuki * Oyama, British Columbia, a town in Lake Country, British Columbia, Canada People with the surname * Anza Ohyama (born 1976), Japanese singer and actress *Heiichiro Ohyama, Japanese conductor and violinist *Kana Oyama (born 1984) ( ja, 大山 加奈, link=no), Japanese volleyball player *Ōyama Iwao ( ja, 大山 巌, link=no), Japanese field marshal * Oyama Susumu (born 1952), Japanese sumo wrestler *Mas Oyama ( ja, 大山 倍達, link=no), karate master *, Japanese speed skater *, Japanese karateka *Shungo Oyama ( ja, 大山 峻護, link=no), J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation (Bill Of Rights)
In United States constitutional law, incorporation is the doctrine by which portions of the United States Bill of Rights, Bill of Rights have been made applicable to the U.S. state, states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the Federal government of the United States, federal government and that the Bill of Rights did not place limitations on the authority of the State governments of the United States, state and Local government in the United States, local governments. However, the post–American Civil War, Civil War era, beginning in 1865 with the Thirteenth Amendment to the United States Constitution, Thirteenth Amendment, which declared the abolition of Slavery in the United States, slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local go ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Freeman Miller
Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an associate justice of the U.S. Supreme Court from 1862 until his death in 1890. Early life, education, and medical career Born in Richmond, Kentucky, Miller was the son of yeoman farmer Frederick Miller and his wife Patsy. He earned a medical degree in 1838 from Transylvania University in Lexington, Kentucky. While practicing medicine for a decade in Barbourville, Kentucky, he studied the law on his own and was admitted to the bar in 1847. Favoring the abolition of slavery, which was prevalent in Kentucky, he supported the Whigs in Kentucky. Career In 1850, Miller moved to Keokuk, Iowa, which was a state more amenable to his views on slavery, and he immediately freed his few slaves who had come with his family from Kentucky. Active in Iowa politics, he supported Abraham Lincoln in the 1860 election. Lincoln nominated Miller to the Supreme Court on July 16, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
