Compagnie Francaise De Navigation A Vapeur V. Louisiana Board Of Health
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Compagnie Francaise De Navigation A Vapeur V. Louisiana Board Of Health
''Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health'', 186 U.S. 380 (1902), was a United States Supreme Court case which held constitutional state laws requiring the involuntary quarantine of individuals to prevent the spread of disease. Louisiana's quarantine laws, Justice Edward White said, were a reasonable exercise of the state's police power that conflicted with neither the Dormant Commerce Clause nor the Due Process Clause of the Fourteenth Amendment. In dissent, Justice Henry Billings Brown, joined by John Marshall Harlan, agreed that while quarantine laws were constitutional, Louisiana's went beyond the scope of the state's authority over interstate commerce, even violating several treaties between the United States and other nations. The case had arisen in 1898, when the S.S. ''Britannia'' sailed from Palermo to Marseille, then across the Atlantic for New Orleans. Before docking there, it had stopped at a state-run quarantine station further d ...
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ...
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John Marshall Harlan
John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the ''Civil Rights Cases'', ''Plessy v. Ferguson'', and '' Giles v. Harris''. Many of Harlan's views expressed in his notable dissents would become the official view of the Supreme Court starting from the 1950s Warren Court and onward. His grandson John Marshall Harlan II was also a Supreme Court justice. Born into a prominent, slave-holding family near Danville, Kentucky, Harlan experienced a quick rise to political prominence. When the American Civil War broke out, Harlan strongly supported the Union and recruited the 10th Kentucky Infantry. Despite his opposition to the Emancipation Proclamation, he served in the war until 1863, when he won election as Attorney Genera ...
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Gibbons V
Gibbons may refer to: * The plural of gibbon, an ape in the family Hylobatidae * Gibbons (surname) * Gibbons, Alberta * Gibbons (automobile), a British light car of the 1920s * Gibbons P.C., a leading American law firm headquartered in New Jersey * Gibbons, a character from Tom Goes to the Mayor See also * Orlando Gibbons (1583–1625), an English composer * Gibbons v. Ogden, an 1824 United States Supreme Court case * Stanley Gibbons, a company specialising in postage stamps * Cardinal Gibbons High School (Florida), a private high school in Fort Lauderdale, Florida * Gibbon (other) Gibbons are apes in the family Hylobatidae. Gibbon may also refer to: Places *Gibbon, Minnesota, USA *Gibbon, Nebraska, USA *Gibbon, Oregon, USA *Gibbon Bay, South Orkney Islands, Antarctica * Ray Gibbon Drive, St Albert, Canada Other uses * G ... * Justice Gibbons (other) {{disambig ...
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Dictum
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of '' stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''di ...
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Pensacola, Florida
Pensacola () is the westernmost city in the Florida Panhandle, and the county seat and only incorporated city of Escambia County, Florida, United States. As of the 2020 United States census, the population was 54,312. Pensacola is the principal city of the Pensacola Metropolitan Area, which had an estimated 502,629 residents . Pensacola is the site of the first Spanish settlement within the borders of the continental United States in 1559, predating the establishment of St. Augustine by 6 years, although the settlement was abandoned due to a hurricane and not re-established until 1698. Pensacola is a seaport on Pensacola Bay, which is protected by the barrier island of Santa Rosa and connects to the Gulf of Mexico. A large United States Naval Air Station, the first in the United States, is located southwest of Pensacola near Warrington; it is the base of the Blue Angels flight demonstration team and the National Naval Aviation Museum. The main campus of the University of West F ...
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Courts Of Louisiana
Courts of Louisiana include: ;State courts of Louisiana *Louisiana Supreme Court **Louisiana Circuit Courts of Appeal (5 circuits) *** Louisiana District Courts (42 districts) ; ;Federal courts located in Louisiana *United States Court of Appeals for the Fifth Circuit (headquartered in New Orleans, Louisiana; having jurisdiction over the United States District Courts of Louisiana, Mississippi, and Texas) *United States District Court for the Eastern District of Louisiana *United States District Court for the Middle District of Louisiana *United States District Court for the Western District of Louisiana ;Former federal courts of Louisiana *United States District Court for the District of Orleans ( territorial court of the Territory of Orleans, extinct, abolished when Louisiana became a state on April 30, 1812) *United States District Court for the District of Louisiana (extinct, subdivided) ;Mayors Courts There are 250 towns and villages in Louisiana with a mayor/magistrate c ...
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Restraining Order
A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. The court will order the adverse party to refrain from certain actions or require compliance with certain provisions. Failure to comply is a violation of the order which can result in the arrest and prosecution of the offender. Violations in some jurisdictions may also constitute criminal or civil contempt of court. Restraining order provisions All protective order statutes permit the court to instruct an alleged abuser to stay a certain distance away from someone, such as their home, workplace or school ("stay away" provisions), and not to contact the ...
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Cordon Sanitaire (medicine)
A ''cordon sanitaire'' (, French for "sanitary cordon") is the restriction of movement of people into or out of a defined geographic area, such as a community, region, or country. The term originally denoted a barrier used to stop the spread of infectious diseases. The term is also often used metaphorically, in English, to refer to attempts to prevent the spread of an ideology deemed unwanted or dangerous, such as the containment policy adopted by George F. Kennan against the Soviet Union (see cordon sanitaire (politics)). Origin The term ''cordon sanitaire'' dates to 1821, when the Duke de Richelieu deployed French troops to the border between France and Spain, to prevent yellow fever from spreading into France. Definition A ''cordon sanitaire'' is generally created around an area experiencing an epidemic or an outbreak of infectious disease, or along the border between two nations. Once the cordon is established, people from the affected area are no longer allowed to leave ...
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List Of Parishes In Louisiana
The U.S. state of Louisiana is divided into 64 parishes ( French: ''paroisses'', Spanish: ''parroquias'') in the same manner that Alaska is divided into boroughs, and the remaining 48 other states are divided into counties. Louisiana's usage of the term "parish" for a geographic region or local government dates back to the Spanish colonial and French colonial periods. Thirty-eight parishes are governed by a council called a Police Jury. The remaining 26 have various other forms of government, including: council-president, council-manager, parish commission, and consolidated parish/city. History Louisiana was formed from French and Spanish colonies, which were both officially Roman Catholic. Local colonial government was based upon parishes, as the local ecclesiastical division. Following the Louisiana Purchase in 1803, the territorial legislative council divided the Territory of Orleans (the predecessor of Louisiana state) into 12 counties. The borders of these counties we ...
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Italian American
Italian Americans ( it, italoamericani or ''italo-americani'', ) are Americans who have full or partial Italian ancestry. The largest concentrations of Italian Americans are in the urban Northeast and industrial Midwestern metropolitan areas, with significant communities also residing in many other major US metropolitan areas. Between 1820 and 2004 approximately 5.5 million Italians migrated from Italy to the United States, in several distinct waves, with the greatest number arriving in the 20th century from Southern Italy. Initially, many Italian immigrants (usually single men), so-called “birds of passage”, sent remittance back to their families in Italy and, eventually, returned to Italy; however, many other immigrants eventually stayed in the United States, creating the large Italian-American communities that exist today. In 1870, prior to the large wave of Italian immigrants to the United States, there were fewer than 25,000 Italian immigrants in America, many of t ...
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Mississippi River
The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it flows generally south for to the Mississippi River Delta in the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains all or parts of 32 U.S. states and two Canadian provinces between the Rocky and Appalachian mountains. The main stem is entirely within the United States; the total drainage basin is , of which only about one percent is in Canada. The Mississippi ranks as the thirteenth-largest river by discharge in the world. The river either borders or passes through the states of Minnesota, Wisconsin, Iowa, Illinois, Missouri, Kentucky, Tennessee, Arkansas, Mississippi, and Louisiana. Native Americans have lived along the Mississippi River and its tributaries for thousands of years. Most were hunter-ga ...
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New Orleans
New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nueva Orleans) is a Consolidated city-county, consolidated city-parish located along the Mississippi River in the southeastern region of the U.S. state of Louisiana. With a population of 383,997 according to the 2020 U.S. census, it is the List of municipalities in Louisiana, most populous city in Louisiana and the twelfth-most populous city in the southeastern United States. Serving as a List of ports in the United States, major port, New Orleans is considered an economic and commercial hub for the broader Gulf Coast of the United States, Gulf Coast region of the United States. New Orleans is world-renowned for its Music of New Orleans, distinctive music, Louisiana Creole cuisine, Creole cuisine, New Orleans English, uniq ...
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