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Overbreadth Case Law
In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment. Description When federal or state laws are challenged in the United States court system for their constitutionality, they may be either challenged based on a facial challenge, challenging the whole of the law or provision and all applications of it, or may be through an as-applied challenge for a specific case or set of circumstances. Outside of First Amendment cases, most constitutional challenges are based on as-applied challenges, the facial challenge being "the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid", as stated in ''United States v. Salerno''. However, for laws involving the First Amendment, the Courts will consider a law invalidated as though through a facial challenge "if a substantial number of its applications are unconstitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void For Vagueness
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity to be chilled within the range of the vagueness (either because the statute is a penal statute with criminal or quasi-criminal civil penalties, or because the interest invaded by the vague law is a strict scrutiny constitutional right). There are several reasons a statute may be considered vague; in general, a statute might be void for vagueness when an average citizen cannot generally determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed. For example, criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. A statute is also void for vagueness if a legislature's delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Broadrick V
Broadrick is a surname. Notable people with the surname include: * Annette Broadrick (born 1938), American novel writer * Justin Broadrick (born 1969), English musician, singer and songwriter ** Justin Broadrick discography Other uses * '' Broadrick v. Oklahoma'', US Supreme Court decision * Broadrick Secondary School Broadrick Secondary School (BSS) is a co-educational government secondary school located along Old Airport Road, Singapore. The school is located beside Dakota MRT station. History Broadrick Secondary School was first established in 1968 at Dunman ..., Singapore See also * Brodrick * Broderick (other) {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association, in conjunction with the ''Columbia Law Review'', the ''University of Pennsylvania Law Review'', and the '' Yale Law Journal'', publi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewis Sargentich
Lewis Daniel "Lew" Sargentich (b. 1944), frequently referred to simply as "Sarge", has been a professor at Harvard Law School since 1973 where he teaches courses tort law and jurisprudence. Sargentich is well known for his record as a student at Harvard Law School, where he both named and first analyzed the First Amendment "overbreadth doctrine" in a student note. He graduated '' summa cum laude''. He co-authored the popular tort law casebookbr>''Tort and Accident Law: Cases and Materials''with Gregory Keating and Robert Keeton. Biography Early life He grew up in Alhambra, California, and is the son of Peggy and Daniel Sargentich, a first-generation American.http://nl.newsbank.com/nl-search/we/Archives?p_product=MC&s_site=montereyherald&p_multi=MC&p_theme=realcities&p_action=search&p_maxdocs=200&p_topdoc=1&p_text_direct-0=114819706EBF77E0&p_field_direct-0=document_id&p_perpage=10&p_sort=YMD_date:D&s_trackval=GooglePM His brother, Thomas O. Sargentich, was a professor at Amer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thurgood Marshall
Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in ''Brown v. Board of Education'', which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative. Born in Baltimore, Maryland, Marshall attended Lincoln University and the Howard Universi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commercial Speech
In law, commercial speech is speech or writing on behalf of a business with the intent of earning revenue or a profit. It is economic in nature and usually attempts to persuade consumers to purchase the business's product or service. The Supreme Court of the United States defines commercial speech as speech that "proposes a commercial transaction". In the United States In the United States, commercial speech is "entitled to substantial First Amendment protection, albeit less than political, ideological, or artistic speech". In the 1980 case '' Central Hudson Gas & Electric Corp. v. Public Service Commission'', the U.S. Supreme Court developed a four-part test to determine whether commercial speech regulation violates the First Amendment: # Whether the commercial speech concerns a lawful activity and is not misleading # Whether the government interest asserted to justify the regulation is "substantial" # Whether the regulation "directly advances" that government interest # Whethe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoffman Estates V
Hoffman is a surname of German and Jewish origin. The original meaning in medieval times was "steward", i.e. one who manages the property of another. In English and other European languages, including Yiddish and Dutch, the name can also be spelled Hoffmann, Hofmann, Hofman, Huffman, Hofmans. People with the surname A * Aaron Hoffman (1880–1944), American writer, director and comedian * Abbie Hoffman (1936–1989), American social activist of prominence in the 1960s and 1970s * Abraham Hoffman (1938–2015), Israeli basketball player * Al Hoffman (1902–1960), Russian-born American songwriter * Alan Hoffman (born 1982), American entrepreneur * Albert Hofmann (1906–2008), Swiss chemist and discoverer of LSD * Alex Hoffman-Ellis (born 1989), American football player * Alice Hoffman (born 1952), American author * Anthony Hoffman (1739–1790), New York politician * Arthur Sullivant Hoffman (1876–1966), American magazine editor * August Wilhelm von Hofmann (1818-1892) G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Board Of Trustees Of State University Of New York V
Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a type of fiberboard * Particle board, also known as ''chipboard'' ** Oriented strand board * Printed circuit board, in computing and electronics ** Motherboard, the main printed circuit board of a computer * A reusable writing surface ** Chalkboard ** Whiteboard Recreation * Board game ** Chessboard ** Checkerboard * Board (bridge), a device used in playing duplicate bridge * Board, colloquial term for the rebound statistic in basketball * Board track racing, a type of motorsport popular in the United States during the 1910s and 1920s * Boards, the wall around a bandy field or ice hockey rink * Boardsports * Diving board (other) Companies * Board International, a Swiss software vendor known for its business intelligence softw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Facial Challenge
In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge, which alleges that a particular application of a statute is unconstitutional. If a facial challenge is successful, a court will declare the statute in question facially invalid, which has the effect of striking it down entirely. This contrasts with a successful as-applied challenge, which will result in a court narrowing the circumstances in which the statute may constitutionally be applied without striking it down. In some cases—e.g., ''Gonzales v. Carhart'' or ''Crawford v. Marion County Election Board'', a facial challenge has been rejected with either the court or concurring Justices intimating that the upheld statute might be vulnerable to an as-applied challenge. In First Amendment cases, another type of facial challenge is enunciated in the overbreadth d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
