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Anticanon
An anticanon is a legal text that is now viewed as wrongly reasoned or decided. The term "anticanon" stands in distinction to the Canon (basic principle), canon, which contains basic principles or rulings that almost all people support. In the United States The anticanon in U.S. constitutional law is a small set of U.S. Supreme Court judgements that have subsequently become widely considered to have been grievously mistaken for their poor legal reasoning and negative consequences. Anticanon judgments usually uphold government policies that promote discrimination and oppression. Many have never been formally overturned, though the Supreme Court has usually limited their later effects, rhetorically repudiated them, and refused to cite them in subsequent cases. These cases are: ''Dred Scott v. Sandford'' (1857): held that the Constitution of the United States, U.S. Constitution did not extend Citizenship of the United States, American citizenship to people of African Americans, black ...
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Plessy V
''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal". The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era (1865–1877). The underlying case began in 1892 when Homer Plessy, a mixed-race man, deliberately boarded a "whites-only" train car in New Orleans. By boarding the whites-only car, Plessy violated Louisiana's Separate Car Act of 1890, which required "equal, but separate" railroad accommodations for white and non-white passengers. Plessy was charged under the Act, and at his trial his lawyers argued that judge John Howard Ferguson should dismiss the charges on the grounds that the Act was unconstitutional. Ferguson den ...
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Lochner V
''Lochner v. New York'', 198 U.S. 45 (1905), was a landmark decision of the U.S. Supreme Court in which the Court ruled that a New York state law setting 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 been effectively overturned. The underlying 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 ...
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Canon (basic Principle)
The term canon derives from the Greek (), meaning "rule", and thence via Latin and Old French into English. The concept in English usage is very broad: in a general sense it refers to being one (adjectival) or a group (noun) of official, authentic or approved rules or laws, particularly ecclesiastical; or group of official, authentic, or approved literary or artistic works, such as the literature of a particular author, of a particular genre, or a particular group of religious scriptural texts; or similarly, one or a body of rules, principles, or standards accepted as axiomatic and universally binding in a religion, or a field of study or art. Examples This principle of grouping has led to more specific uses of the word in different contexts, such as the Biblical canon (which a particular religious community regards as authoritative) and thence to literary canons (of a particular "body of literature in a particular language, or from a particular culture, period, genre"). W.C Sa ...
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Copyright Status Of Work By The U
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated territories of the United States, unincorporated territory of the United States. It is located in the northeast Caribbean Sea, approximately southeast of Miami, Florida, between the Dominican Republic and the United States Virgin Islands, U.S. Virgin Islands, and includes the eponymous main island and several smaller islands, such as Isla de Mona, Mona, Culebra, Puerto Rico, Culebra, and Vieques, Puerto Rico, Vieques. It has roughly 3.2 million residents, and its Capital city, capital and Municipalities of Puerto Rico, most populous city is San Juan, Puerto Rico, San Juan. Spanish language, Spanish and English language, English are the official languages of the executive branch of government, though Spanish predominates. Puerto Rico ...
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Unincorporated Territories
Territories of the United States are sub-national administrative divisions overseen by the federal government of the United States. The various American territories differ from the U.S. states and tribal reservations as they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. American territories are under American sovereignty and, consequently, may be treated as part of the United States ''proper'' in some ways and not others (i.e., territories belong to, but are not considered to be a part of, the United States). Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United St ...
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Insular Cases
The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. When the war ended in 1898, the United States had to answer the question of whether or not people in newly acquired territories were citizens, a question the country had never faced before. The preliminary answer came from a series of Supreme Court rulings, now known as the Insular Cases, which responded to the question of how American constitutional rights apply to those in United States territories. The Supreme Court held that full constitutional protection of rights does not automatically (or ''ex proprio vigore''—i.e., of its own force) extend to all places under American control. This meant that inhabitants of unincorporated territories such as Puerto Rico—"even if they are ...
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Washington (state)
Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington Territory, which was ceded by the British Empire in 1846, by the Oregon Treaty in the settlement of the Oregon boundary dispute. The state is bordered on the west by the Pacific Ocean, Oregon to the south, Idaho to the east, and the Canadian province of British Columbia to the north. It was admitted to the Union as the 42nd state in 1889. Olympia is the state capital; the state's largest city is Seattle. Washington is often referred to as Washington state to distinguish it from the nation's capital, Washington, D.C. Washington is the 18th-largest state, with an area of , and the 13th-most populous state, with more than 7.7 million people. The majority of Washington's residents live in the Seattle metropolitan area, the center of trans ...
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West Coast Hotel Co
West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance languages (''ouest'' in French, ''oest'' in Catalan, ''ovest'' in Italian, ''oeste'' in Spanish and Portuguese). As in other languages, the word formation stems from the fact that west is the direction of the setting sun in the evening: 'west' derives from the Indo-European root ''*wes'' reduced from ''*wes-pero'' 'evening, night', cognate with Ancient Greek ἕσπερος hesperos 'evening; evening star; western' and Latin vesper 'evening; west'. Examples of the same formation in other languages include Latin occidens 'west' from occidō 'to go down, to set' and Hebrew מַעֲרָב maarav 'west' from עֶרֶב erev 'evening'. Navigation To go west using a compass for navigation (in a place where magnetic north is the same dire ...
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The Switch In Time That Saved Nine
"The switch in time that saved nine" is the phrase, originally a quip by humorist Cal Tinney, about what was perceived in 1937 as the sudden jurisprudential shift by Associate Justice Owen Roberts of the U.S. Supreme Court in the 1937 case ''West Coast Hotel Co. v. Parrish''. Conventional historical accounts portrayed the Court's majority opinion as a strategic political move to protect the Court's integrity and independence from President Franklin Roosevelt's court-reform bill (also known as the "court-packing plan"), but later historical evidence gives weight to Roberts' decision being made much earlier, before the bill's introduction. The term itself is a reference to the aphorism "a stitch in time saves nine", meaning that preventive maintenance before something breaks is less work than fixing that thing after it breaks. Conventional account Through the 1935–36 terms, Roberts had been the deciding vote in several 5–4 decisions invalidating New Deal legislation, casti ...
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Franklin D
Franklin may refer to: People * Franklin (given name) * Franklin (surname) * Franklin (class), a member of a historical English social class Places Australia * Franklin, Tasmania, a township * Division of Franklin, federal electoral division in Tasmania * Division of Franklin (state), state electoral division in Tasmania * Franklin, Australian Capital Territory, a suburb in the Canberra district of Gungahlin * Franklin River, river of Tasmania * Franklin Sound, waterway of Tasmania Canada * District of Franklin, a former district of the Northwest Territories * Franklin, Quebec, a municipality in the Montérégie region * Rural Municipality of Franklin, Manitoba * Franklin, Manitoba, an unincorporated community in the Rural Municipality of Rosedale, Manitoba * Franklin Glacier Complex, a volcano in southwestern British Columbia * Franklin Range, a mountain range on Vancouver Island, British Columbia * Franklin River (Vancouver Island), British Columbia * Franklin Strai ...
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