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Log Cabin Republicans V. United States
''Log Cabin Republicans v. United States'', 658 F.3d 1162 (9th Cir. 2011) was a federal lawsuit challenging the constitutionality of 10 U.S.C. § 654, commonly known as don't ask, don't tell (DADT), which, prior to its repeal, excluded homosexuals from openly serving in the United States military. The Log Cabin Republicans (LCR), an organization composed of lesbian, gay, bisexual, and transgender (LGBT) Republicans, brought the suit on behalf of LCR members who serve or served in the military and were subject to DADT. LCR initially filed the suit, a facial challenge to the statute, in 2004. A bench trial began on , 2010, before Judge Virginia A. Phillips of the United States District Court for the Central District of California. The Justice Department had unsuccessfully sought to have the suit dismissed, arguing that as long as Congress had a rational basis for passing DADT in 1993, then it is constitutional. The Justice Department also asserted at trial that LCR did not have stan ...
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United States District Court For The Central District Of California
The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, making it the most populous federal judicial district. The district was created on September 18, 1966. Cases from the Central District are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the United States government under the Tucker Act, which are appealed to the Federal Circuit). Along with the Central District of Illinois, the court is the only district court referred to by the name "Central" – all other courts with similar geographical names instead use the term "Middle." History California was admitted to the union on September 9, 1850, and was divided into two federal trial court districts - Northern and Southern - by Act of Congress on September 28, 1850, 9 Stat. ...
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United States Department Of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn in on March 11, 2021. The modern incarnation of the Justice Department was formed in 1870 during the Ulysses S. Grant presidency. The department comprises federal law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Prisons. It also has eight major divisions of lawyers who rep ...
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United States Attorney
United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal criminal prosecutor in their judicial district and represents the U.S. federal government in civil litigation in federal and state court within their geographic jurisdiction. U.S. attorneys must be nominated by the President and confirmed by the Senate, after which they serve four-year terms. Currently, there are 93 U.S. attorneys in 94 district offices located throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. One U.S. attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where a single U.S. attorney serves both districts. Each U.S. attorney is the chief federal law enforcement officer within a specified jurisdiction, a ...
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White & Case
White & Case LLP is a global law firm based in New York City. Founded in 1901, the firm has 46 offices in 31 countries worldwide and has been ranked among the top ten firms worldwide by revenue. History The firm was launched on May 1, 1901 when two Wall Street lawyers, Justin DuPratt White, 31, and George B. Case, 28, each contributed $250 () to launch White & Case. White had attended Cornell University and was married to a banking heiress while Case attended Yale, playing baseball as a student athlete. The pair had a close relationship with Henry P. Davison, a noted banker who helped create the Federal Reserve. The firm's first clients included Bankers Trust Company. James Hurlock led the firm as chairman from 1980 to 2000. Under Hurlock, the firm tripled its roster of lawyers and expanded into multiple global markets. Duane Wall was named chairman in 2000. Although he refocused its business on New York's financial services industry, Wall also oversaw a merger with the Ger ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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Per Curiam Decision
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not necessarily, unanimously). In contrast to regular opinions, a ''per curiam'' does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting opinions are signed. It is not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions in which the opinion of the court is expressed, with an author listed. The term ''per curiam'' is Latin for "by the court". United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then ...
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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 States C ...
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San Francisco Chronicle
The ''San Francisco Chronicle'' is a newspaper serving primarily the San Francisco Bay Area of Northern California. It was founded in 1865 as ''The Daily Dramatic Chronicle'' by teenage brothers Charles de Young and M. H. de Young, Michael H. de Young. The paper is owned by the Hearst Corporation, which bought it from the de Young family in 2000. It is the only major daily paper covering the city and county of San Francisco. The paper benefited from the growth of San Francisco and had the largest newspaper circulation on the West Coast of the United States by 1880. Like other newspapers, it experienced a rapid fall in circulation in the early 21st century and was ranked 18th nationally by circulation in the first quarter of 2021. In 1994, the newspaper launched the SFGATE website, with a soft launch in March and official launch November 3, 1994, including both content from the newspaper and other sources. "The Gate" as it was known at launch was the first large market newspaper ...
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Intermediate Scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest by means that are substantially related to that interest. Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a ''legitimate'' government interest. This approach is most often employed in reviewing limits on commercial speech, content-neutral regulations of speech, and state actions discriminating on the basis of sex. Laws subject to ...
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Witt V
Witt or WITT may refer to: People * Lefty Guise (1908–1968), American baseball player born Witt Orison Guise * Witt (surname) ** Bobby Witt (other) ** George Witt (other) ** Robert Witt (other) Places * Witt, Illinois, United States * Witt, Kentucky * Sultan Iskandarmuda Airport (ICAO code WITT), in Banda Aceh, Indonesia Other uses * 2732 Witt, an asteroid * Museum Witt, the world's leading collection of moths in Munich, Germany * Western Institute of Technology at Taranaki, a polytechnic in New Zealand * WITT (FM), a radio station (91.9 FM) in Zionsville, Indiana, United States * ''Witt'' (poetry collection), a 1973 book by Patti Smith * Witt Weiden, a German mail order house See also * * Wit (other) Wit is a form of intelligent humour, the ability to say or write things that are clever and usually funny. Someone witty is a person who is skilled at making clever and funny remarks. Forms of wit include the quip, repartee, and wisecrack ...
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Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test"
Cornell University Law School. Accessed May 13, 2022.
The higher levels of scrutiny are intermediate scrutiny and . Heightened scrutiny is applied ...
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Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ...
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