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Minnesota V. Clover Leaf Creamery Co.
''Minnesota v. Clover Leaf Creamery Co.'', 449 U.S. 456 (1981), was a United States Supreme Court case which found no violation of the equal protection or commerce clauses in a Minnesota state statute banning retail sale of milk in plastic nonreturnable, nonrefillable containers, but permitting such sale in other nonreturnable, nonrefillable containers. Background Facts Minn. Stat. §116F.21 (1978) banned the retail sale of milk in plastic nonreturnable, nonrefillable containers, but permitted the sale of milk in other nonreturnable, nonrefillable containers, such as paperboard milk cartons. Respondent dairy contended that the statute violated the Equal Protection and Commerce Clauses. Procedural history After conducting extensive evidentiary hearings, the Minnesota court enjoined enforcement of the statute, finding that it violated the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution, due process provisions of the state constitutio ...
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United States Supreme Court
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 court cases, and over state court cases that involve a point of federal law. It also has 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, the ability to invalidate a statute for violating a provision of the 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 over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. 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 the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that as ...
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1981 In United States Case Law
Events January * January 1 ** Greece enters the European Economic Community, predecessor of the European Union. ** Palau becomes a self-governing territory. * January 10 – Salvadoran Civil War: The FMLN launches its first major offensive, gaining control of most of Morazán and Chalatenango departments. * January 15 – Pope John Paul II receives a delegation led by Polish Solidarity leader Lech Wałęsa at the Vatican. * January 20 – Iran releases the 52 Americans held for 444 days, minutes after Ronald Reagan is sworn in as the 40th President of the United States, ending the Iran hostage crisis. * January 21 – The first DeLorean automobile, a stainless steel sports car with gull-wing doors, rolls off the production line in Dunmurry, Northern Ireland. * January 24 – An earthquake of magnitude in Sichuan, China, kills 150 people. Japan suffers a less serious earthquake on the same day. * January 25 – In South Africa the largest part of the town Laingsb ...
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United States Supreme Court Cases Of The Burger Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – Ju ...
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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- 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 death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered 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 during ...
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Minnesota Supreme Court
The Minnesota Supreme Court is the highest court in the U.S. state of Minnesota. The court hears cases in the Supreme Court chamber in the Minnesota State Capitol or in the nearby Minnesota Judicial Center. History The court was first assembled as a three-judge panel in 1849 when Minnesota was still a territory. The first members were lawyers from outside the region, appointed by President Zachary Taylor. The court system was rearranged when Minnesota became a state in 1858. Appeals from Minnesota District Courts went directly to the Minnesota Supreme Court until the Minnesota Court of Appeals, an intermediate appellate court, was created in 1983 to handle most of those cases. The court now considers about 900 appeals per year and accepts review in about one in eight cases. Before the Court of Appeals was created, the Minnesota Supreme Court handled about 1,800 cases a year. Certain appeals can go directly to the Supreme Court, such as those involving taxes, first degre ...
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Lewis F
Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohead from ''My Iron Lung'' Places * Lewis (crater), a crater on the far side of the Moon * Isle of Lewis, the northern part of Lewis and Harris, Western Isles, Scotland United States * Lewis, Colorado * Lewis, Indiana * Lewis, Iowa * Lewis, Kansas * Lewis Wharf, Boston, Massachusetts * Lewis, Missouri * Lewis, Essex County, New York * Lewis, Lewis County, New York * Lewis, North Carolina * Lewis, Vermont * Lewis, Wisconsin Ships * USS ''Lewis'' (1861), a sailing ship * USS ''Lewis'' (DE-535), a destroyer escort in commission from 1944 to 1946 Science * Lewis structure, a diagram of a molecule that shows the bonding between the atoms * Lewis acids and bases * Lewis antigen system, a human blood group system * Lewis number, a ...
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Grandfathering
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied. Origin Southern United States The term originated in late nineteenth-century legislation and ...
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Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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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 an ...
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Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the List of U.S. states and territories by population, 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to intensive agriculture; deciduous forests in the southeast, now partially cleared, farmed, and settled; and the less populated Laurentian Mixed Forest Province, North Woods, used for mining, forestry, and recreation. Roughly a third of the state is Forest cover by state and territory in the United States, covered in forests, and it is known as the "Land of 10,000 Lakes" for having over 14,000 bodies of fresh water of at least ten acres. More than 60% of Minnesotans live in the Minneapolis–Saint Paul metropolitan area, known as the "Twin Cities", the state's main political, economic, and cultural hub. With a population of about 3.7 million, the Twin Cities is the List of metropolitan stati ...
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