Takahashi V. Fish And Game Commission
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Takahashi V. Fish And Game Commission
''Takahashi v. Fish and Game Comm'n'', 334 U.S. 410 (1948), was a test case brought by Japanese-American fishermen before United States Supreme Court, the United States Supreme Court to challenge California state legislation aimed at preventing them from returning to fishing occupations they worked in before their mass removal and Internment of Japanese Americans, internment during World War II. The issue at hand was a restrictive law in California requiring American citizenship to get a fishing license. A 1945 amendment to the state code barred "aliens ineligible to citizenship" from obtaining fishing licenses. The Court held that this was an unreasonable restriction and was discriminatory to residents of Japanese ancestry. Background Facts Torao Takahashi came from Japan to the United States and became a resident of Terminal Island in Los Angeles County, California in 1907. Prior to 1943 California issued commercial fishing licenses to all qualified persons without regard to ...
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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 a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, 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 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ...
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