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Lochner
''Lochner v. New York'', 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court holding that a New York State statute that prescribed maximum working hours for bakers violated the bakers' right to freedom of contract under the Fourteenth Amendment to the U.S. Constitution. The decision has since been effectively overturned. The case began in 1899 when Joseph Lochner, a German immigrant who owned a bakery in Utica, New York, was charged with violating New York's Bakeshop Act of 1895. The Bakeshop Act had made it a crime for New York bakeries to employ bakers for more than 10 hours per day or 60 hours per week. He was convicted and ultimately appealed to the U.S. Supreme Court. A five-justice majority of the Supreme Court held that the law violated the Due Process Clause, stating that the law constituted an "unreasonable, unnecessary and arbitrary interference with the right and liberty of the individual to contract". Four dissenting justices rejected that view, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner Era
The ''Lochner'' era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from '' Lochner v. New York'' (1905) but may be said to begin with '' Allgeyer v. Louisiana'' (1897) and to end with the overturning of a ''Lochner''-era decision in '' West Coast Hotel Co. v. Parrish'' (1937). The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes invalidated state and federal legislation that inhibited business or otherwise limited the free market, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinionsparticularly those on civil liberties and American constitutional democracyand deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only eight months younger when he retired on April 12, 2010. He previously served the Union as a brevet colonel in the American Civil War (in which he was wounded three times), as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law ... [...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] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Landmark Court Decisions In The United States
The following landmark court decisions in the United States contains landmark court decisions which changed the interpretation of existing law in the United States. Such a decision may settle the law in more than one way: * establishing a significant new legal principle or concept; * overturning prior precedent based on its negative effects or flaws in its reasoning; * distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * establishing a test or a measurable standard that can be applied by courts in future decisions. In the United States, landmark court decisions come most frequently from the Supreme Court. United States courts of appeals may also make such decisions, particularly if the Supreme Court chooses not to review the case. Although many cases from state supreme courts are significant in developing the law of that state, only a few are so revolutionary that they announce ... [...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] |
Brief (law)
A brief (Old French from Latin ''brevis'', "short") is a written law, legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth of Nations, Commonwealth countries, e.g., Law of Australia, Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial. :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit (legal), Merit briefs (or briefs on the merits) are briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rufus W
Rufus is a masculine given name, a surname, an Ancient Roman cognomen and a nickname (from Latin ''rufus'', "red"). Notable people with the name include: Given name Politicians * Marcus Caelius Rufus, (28 May 82 BC – after 48 BC), orator and politician in the late Roman Republic * Rufus Ada George (born 1940), Nigerian politician * Rufus Aladesanmi III (born 1945), Yoruban king * Rufus Applegarth (1844–1921), American lawyer and politician * Rufus A. Ayers (1849–1926), American lawyer, businessman, and politician * Rufus Barringer (1821–1895), American lawyer, politician, and military general * Rufus Blodgett (1834–1910), American politician and railroad superintendent * Rufus Bousquet (born 1958), Saint Lucian politician * Rufus E. Brown (1854–1920), Vermont attorney, farmer, and politician * Rufus Bullock (1834–1907), American politician * Rufus Carter (1866–1932), Canadian farmer and political figure * Rufus Cheney Jr., member of the Wisconsin S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oneida County, New York
Oneida County ( ) is a county in the state of New York, United States. As of February 26, 2024, the population was 226,654. The county seat is Utica. The name is in honor of the Oneida, one of the Five Nations of the Iroquois League or '' Haudenosaunee'', which had long occupied this territory at the time of European encounter and colonization. The federally recognized Oneida Indian Nation has had a reservation in the region since the late 18th century, after the American Revolutionary War. The county is part of the Mohawk Valley region of the state. Oneida County is part of the Utica–Rome, NY Metropolitan Statistical Area. History When England established colonial counties in the Province of New York in 1683, the territory of present Oneida County was included in a very large, mostly undeveloped Albany County. This county included the northern part of present-day New York State as well as all of the present state of Vermont and, in theory, extended westward to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louisiana
Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25th in population, with roughly 4.6 million residents. Reflecting its French heritage, Louisiana is the only U.S. state with political subdivisions termed parishes, which are equivalent to counties, making it one of only two U.S. states not subdivided into counties (the other being Alaska and its boroughs). Baton Rouge is the state's capital, and New Orleans, a French Louisiana region, is its most populous city with a population of about 363,000 people. Louisiana has a coastline with the Gulf of Mexico to the south; a large part of its eastern boundary is demarcated by the Mississippi River. Much of Louisiana's lands were formed from sediment washed down the Mississippi River, leaving enormous deltas and vast areas of coastal marsh a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
