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Morse V. Frederick
''Morse v. Frederick'', 551 U.S. 393 (2007), is a United States Supreme Court case where the Court held, 5–4, that the First Amendment does not prevent educators from suppressing student speech that is reasonably viewed as promoting illegal drug use at or across the street from a school-supervised event. In 2002, Juneau-Douglas High School principal Deborah Morse suspended student Joseph Frederick after he displayed a banner reading "BONG 4 JESUS" across the street from the school during the 2002 Winter Olympics torch relay. Frederick sued, claiming his constitutional rights to free speech were violated. His suit was dismissed by the federal district court, but on appeal, the Ninth Circuit reversed the ruling, concluding that Frederick's speech rights were violated. The case then went on to the Supreme Court. Chief Justice John Roberts, writing for the majority, concluded that the school officials did not violate the First Amendment. To do so, he made three legal determina ...
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United States District Court For The District Of Alaska
The United States District Court for the District of Alaska (in case citations, D. Alaska) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on July 7, 1958, pending Alaska statehood on January 3, 1959. The United States Attorney's Office for the District of Alaska represents the United States in civil and criminal litigation in the court. the United States Attorney is S. Lane Tucker. Organization of the court The United States District Court for the District of Alaska is the sole federal judicial district in Alaska. Court for the District is held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome. Anchorage Division comprises the following borough/census areas: Aleutians East, Aleutians West, Anchorage, Bethel, Bristol Bay, Dillingham, Kenai Peninsula, Kodiak Island, Lake and Peninsula, Matanuska-Susitna, and Vald ...
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9th Cir
9 (nine) is the natural number following and preceding . Evolution of the Arabic digit In the beginning, various Indians wrote a digit 9 similar in shape to the modern closing question mark without the bottom dot. The Kshatrapa, Andhra and Gupta started curving the bottom vertical line coming up with a -look-alike. The Nagari continued the bottom stroke to make a circle and enclose the 3-look-alike, in much the same way that the sign @ encircles a lowercase ''a''. As time went on, the enclosing circle became bigger and its line continued beyond the circle downwards, as the 3-look-alike became smaller. Soon, all that was left of the 3-look-alike was a squiggle. The Arabs simply connected that squiggle to the downward stroke at the middle and subsequent European change was purely cosmetic. While the shape of the glyph for the digit 9 has an ascender in most modern typefaces, in typefaces with text figures the character usually has a descender, as, for example, in . The mod ...
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Andrew Kleinfeld
Andrew Jay Kleinfeld (born June 12, 1945) is an American lawyer and jurist serving as a senior U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 2010. He served as an active judge on the Ninth Circuit from 1991 to 2010. Kleinfeld was previously a U.S. district judge on the U.S. District Court for the District of Alaska from 1986 to 1991. Early life, education, and legal career Kleinfeld graduated from Wesleyan University in 1966 with a Bachelor of Arts. He then attended Harvard Law School, graduating in 1969 with a Juris Doctor. After graduating from law school, Kleinfeld was a law clerk to justice Jay Rabinowitz of the Alaska Supreme Court from 1969 to 1971. He then entered private practice in Fairbanks, also serving for several years as a part-time U.S. magistrate judge for Alaska's U.S. District Court. Kleinfeld is married to Judith (Smilg) Kleinfeld, a professor at the University of Alaska Fairbanks. Federal judicial service Kleinfeld was nomi ...
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Qualified Immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is a form of sovereign immunity less strict than absolute immunity that is intended to protect officials who "make reasonable but mistaken judgments about open legal questions", extending to "all fficialsbut the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. The U.S. Supreme Court first introduced the qualified immunity doctrine in ''Pierson v. Ray'' (1967), a case litigated during the height of the civil rights movement. It is stated to have been originally introduced with the ...
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Drug Abuse
Substance abuse, also known as drug abuse, is the use of a drug in amounts or by methods which are harmful to the individual or others. It is a form of substance-related disorder. Differing definitions of drug abuse are used in public health, medical and criminal justice contexts. In some cases, criminal or anti-social behaviour occurs when the person is under the influence of a drug, and long-term personality changes in individuals may also occur. In addition to possible physical, social, and psychological harm, the use of some drugs may also lead to criminal penalties, although these vary widely depending on the local jurisdiction.. Drugs most often associated with this term include: alcohol, amphetamines, barbiturates, benzodiazepines, cannabis, cocaine, hallucinogens (although there is no known ''psychedelic'', one of the three categories of hallucinogens, that has been found to have any addictive potential), methaqualone, and opioids. The exact cause of substan ...
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School Speech
The issue of school speech or curricular speech as it relates to the First Amendment to the United States Constitution has been the center of controversy and litigation since the mid-20th century. The First Amendment's guarantee of freedom of speech applies to students in the public schools. In the landmark decision ''Tinker v. Des Moines Independent Community School District'', the U.S. Supreme Court formally recognized that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". The core principles of ''Tinker'' remain unaltered, but are clarified by several important decisions, including ''Bethel School District v. Fraser, Hazelwood School District v. Kuhlmeier'', ''Morse v. Frederick,'' and ''Mahanoy Area School District v. B.L.'' Despite respect for the legitimate educational interests of school officials, the Supreme Court has not abandoned Tinker; it continues to recognize the basis precept of ''Tinker'' that viewpoint- ...
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Tinker V
Tinker or tinkerer is an archaic term for an itinerant tinsmith who mends household utensils. Description ''Tinker'' for metal-worker is attested from the thirteenth century as ''tyckner'' or ''tinkler''. Some travelling groups and Romani people specialised in the trade, and the name was particularly associated with indigenous Irish Travellers and Scottish Highland Travellers – the name of whose language ''Beurla Reagaird'' means "speech of the metalworkers".Kirk, J. & Ó Baoill, D. ''Travellers and their Language'' (2002) Queen's University Belfast However, this use is considered offensive. The term "tinker", in British English, may refer to a mischievous child. Some modern-day nomads with an English, an Irish or a Scottish influence call themselves "techno-tinkers" or " technogypsies" in a revival of sorts of the romantic view of the tinker's lifestyle. "Tinker's dam" or "damn" and "tinker's curse" Both phrases tinker's damn and tinker's curse can be applied to s ...
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Bethel School District No
Bethel ( he, בֵּית אֵל, translit=Bēṯ 'Ēl, "House of El" or "House of God",Bleeker and Widegren, 1988, p. 257. also transliterated ''Beth El'', ''Beth-El'', ''Beit El''; el, Βαιθήλ; la, Bethel) was an ancient Israelite sanctuary frequently mentioned in the Hebrew Bible. Bethel is first referred to in the bible as being near where Abram pitched his tent. Later, Bethel is mentioned as the location where Jacob dreams of a ladder leading to heaven, and which he therefore named Bethel, "House of God". The name is further used for a border city located between the territory of the Israelite tribe of Benjamin and that of the tribe of Ephraim, which first belonged to the Benjaminites and was later conquered by the Ephraimites. In the 4th century CE, Eusebius of Caesarea and Jerome described Bethel as a small village that lay 12 Roman miles north of Jerusalem, to the right or east of the road leading to Neapolis.Robinson and Smith, 1856, pp. 449–450. Most scholar ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may ac ...
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Attorney's Fee
Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney (lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when lawyers charge a flat-fee rather than billing by the hour, they work less hard on behalf of clients and clients get worse outcomes. Attorney fees are separate from fines, compensatory and punitive damages, and (except in Nevada) from court costs in a legal case. Under the " American rule", attorney fees are usually not paid by the losing party to the winning party in a case, except pursuant to specific statutory or contractual rights. Overview The phrase is a legal term of art in American jurisprudence (in which lawyers are collectively referred to as "attorneys", a wording practice not found in most other legal systems). Attorney's fees (or attorneys' fees, depending upon number of attorneys involved, or simplified to attorney fees) ...
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Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ...
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Compensatory Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the ...
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