|
Castle Rock V. Gonzales
''Castle Rock v. Gonzales'', 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. § 1983 for refusing to enforce a restraining order, even though the refusal led to the murders of a woman's three children by her estranged husband. This decision affirmed the controversial principle that state and local government officials have no affirmative duty to protect the public from harm it did not create; a similar ruling was made in '' DeShaney v. Winnebago County'' which involves Child Protective Services (called the Department of Social Services in the case) failing to protect a child from a violent parent. The decision has since become infamous and condemned by several human rights groups and is frequently cited among the worst Supreme Court decisions in modern history. Background The Battered Womens Movement emerged in the 1970s against the backdrop of second wave fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
10th Cir
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural number, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Due Process
due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution. Courts have asserted that such protections stem from the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "liberty ... without due process of law." Substantive due process demarcates the line between acts that courts deem subject to government regulation or legislation and those they consider beyond the reach of governmental interference. Whether the Fifth or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent. In his concurrence in the 2022 landmark decision ''Dobbs v. Jackson Women's Health Organization'', Justice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privileges And Immunities Clause
The Privileges and Immunities Clause (United States Constitution, U.S. Constitution, Article Four of the United States Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a U.S. state, state of the United States from treating citizens of other states in a discriminatory manner. Additionally, a right of Freedom of movement under United States law, 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, vagabond (person), 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 ent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Of Nature
In ethics, political philosophy, social contract theory, religion, and international law, the term state of nature describes the hypothetical way of life that existed before humans organised themselves into societies or civilisations. Philosophers of the state of nature theory propose that there was a historical period before societies existed, and seek answers to the questions: "What was life like before civil society?", "How did government emerge from such a primitive start?", and "What are the hypothetical reasons for entering a state of society by establishing a nation-state?". In some versions of social contract theory, there are freedoms, but no rights in the state of nature; and, by way of the social contract, people create societal rights and obligations. In other versions of social contract theory, society imposes restrictions (law, custom, tradition, etc.) that limit the natural rights of a person. Societies existing before the political state are investigated and st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Contract Theory
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution. Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from ''The Social Contract'' (French: ''Du contrat social ou Principes du droit politique''), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of social con ... [...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 focus on public advocacy, media exposure, and societal influence. Cato advocates for a limited governmental role in domestic and foreign affairs and strong protection of civil liberties, including support for lowering or abolishing most taxes, opposition to the Federal Reserve system and the Affordable Care Act, the privatization of numerous government agencies and programs including Social Security and the United States Postal Service, demilitarization of the police, open borders and adhering to a non-interventionist foreign policy. According to the 2019 Global ''Go to Think Tank Index Report'' (revised June 2020, Thin ... [...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 theories of law, libertarian legal theorist. In particular, he has developed a libertarian version of the rights theory of his teacher Alan Gewirth. Education Roger Pilon has three philosophy degrees: a B.A. degree from Columbia University and an M.A. and Ph.D., both from the University of Chicago. He also earned a J.D. from 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, during which was investigated for possibly disclosing classified information to a foreign government, but not prosecuted. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
O'Bannon V
O'Bannon may refer to: Ships *USS O'Bannon (DD-177), USS ''O'Bannon'' (DD-177), U.S. Navy ''Wickes''-class destroyer (1919–1922) *USS O'Bannon (DD-450), USS ''O'Bannon'' (DD-450), U.S. Navy ''Fletcher''-class destroyer (1942–1970) *USS O'Bannon (DD-987), USS ''O'Bannon'' (DD-987), U.S. Navy ''Spruance''-class destroyer (1979–2005) Others *O'Bannon (surname), includes a list of people with the name *O'Bannon, Louisville, neighborhood in Kentucky, U.S. See also * * *Bannon (other) {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the court was established in 1876. It consists of a Chief Justice and six Associate Justices who are appointed by the Governor of Colorado from a list of candidates approved by a state judicial commission. Each justice faces a retention election two years after his or her appointment and every ten years thereafter, with mandatory retirement at age 72. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions, which request the Court to conduct an additional review of the case. These petitions follow a primary review that is conducted by either the Colorado Court of Appeals or the Colorado District Court. The Colorado Supreme Court is not required to hear these cases. Only a small fraction of certiorari petitions is granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third-List of United States Supreme Court justices by time in office, longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the Capital punishment in the United States, death penalty, government action, and intellectual property. Despite being a registered Republican Party (United States), Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy durin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Souter
David Hackett Souter ( ; September 17, 1939 – May 8, 2025) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1990 until his retirement in 2009. Appointed by President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter was a member of both the Rehnquist and Roberts courts. Raised in New England, Souter attended Harvard College; Magdalen College, Oxford; and Harvard Law School. After briefly working in private practice, he moved to public service. He served as a prosecutor in the office of the Attorney General of New Hampshire (1968–1976); as attorney general of New Hampshire (1976–1978); as an associate justice of the New Hampshire Superior Court (1978–1983); as an associate justice of the New Hampshire Supreme Court (1983–1990); and as a judge of the United States Court of Appeals for the First Circuit (1990). In mid-2009, after Barack Obama took office as U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
