Legal Services Corp. V. Velazquez
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Legal Services Corp. V. Velazquez
''Legal Services Corp. v. Velazquez'', 531 U.S. 533 (2001), is a decision of the Supreme Court of the United States concerning the constitutionality of funding restrictions imposed by the United States Congress. At issue were restrictions on the Legal Services Corporation (LSC), a private, nonprofit corporation established by Congress. The restrictions prohibited LSC attorneys from representing clients attempting to amend (or challenge) existing welfare law. The case was brought by Carmen Velazquez, whose LSC-funded attorneys sought to challenge existing welfare provisions since they believed that it was the only way to get Velazquez financial relief. The Court ruled that the restrictions violated the free speech guarantees of the First Amendment to the United States Constitution. Because LSC facilitated "private" speech, that of its grantees, the restrictions did not simply regulate government speech. Because the restrictions blocked attempts to change only a specific area of la ...
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Federal Supplement
The ''Federal Supplement'' ( is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts since 1932, and is part of the National Reporter System. Although the ''Federal Supplement'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the U.S. that legal professionals uniformly cite the ''Federal Supplement'' for included decisions. Approximately 40 new volumes are published per year. Distinctions Before 1932, federal district court cases were published in the ''Federal Reporter'', which now publishes only case law from the United States Courts of Appeals and the United States Court of Federal Claims; prior series had varying scopes that covered opinions of other federal courts as well. The ''United States Reports'' are the official law reports of the rulings, orders, case tables, and o ...
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Rosenberger V
Rosenberger is a Germanic-language family name derived from a toponym ''Rosenberg'' + the ending ''er'', with the principal meaning "one from Rose Mountain". However, as a toponym ''Rosenberg'' (''Rose Mountain''), may have originally meant "death mountain" or simply "red hill", from rot + berg. Today there are many people around the world whose central European ancestors adopted the surname, including many Germans. It is, additionally, used by many Ashkenazi Jews. People * Adolf Rosenberger (1900–1967), German businessman and race car driver * Carol Rosenberger (born 1933), classical pianist * Cliff Rosenberger (born 1981), member of the Ohio House of Representatives * Ian Rosenberger (born 1981), contestant on the American television series Survivor: Palau * Ferdinand Rosenberger (1845–1899), German historian of physics * Iris Rosenberger (born 1985), German-Turkish female swimmer * James Rosenberger (1887–1946), U.S. Olympic athlete, 1912 Summer Olympics * Jasmin Rose ...
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Majority Opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. At times, the justices voting for a majority decision (e.g., to affirm or reverse the lower court's decision) may have drastically different reasons for their votes, and cannot agree on the same set of reasons. In that situation, several concurring opinions may be written, none of which is the view of a majority of the members of the court. Therefore, the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. Normally, appellate courts (or panels) are staffed with an odd number of judges to avoid a tie. Sometimes, and in some jurisdictions, when judicial positions are vacant or a judge has recused themselves from the case, the court may be stuck with a tie, in which case the ...
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Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ...
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Anthony Kennedy Official
Anthony or Antony is a masculine given name, derived from the '' Antonii'', a ''gens'' ( Roman family name) to which Mark Antony (''Marcus Antonius'') belonged. According to Plutarch, the Antonii gens were Heracleidae, being descendants of Anton, a son of Heracles. Anthony is an English name that is in use in many countries. It has been among the top 100 most popular male baby names in the United States since the late 19th century and has been among the top 100 male baby names between 1998 and 2018 in many countries including Canada, Australia, England, Ireland and Scotland. Equivalents include ''Antonio'' in Italian, Spanish, Portuguese and Maltese; ''Αντώνιος'' in Greek; ''António'' or ''Antônio'' in Portuguese; ''Antoni'' in Catalan, Polish, and Slovene; '' Anton'' in Dutch, Galician, German, Icelandic, Romanian, Russian, and Scandinavian languages; ''Antoine'' in French; '' Antal'' in Hungarian; and ''Antun'' or '' Ante'' in Croatian. The usual abbreviated form is ...
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Oral Argument In The United States
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute. Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented. Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, wh ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Temporary Assistance For Needy Families
Temporary Assistance for Needy Families (TANF ) is a federal assistance program of the United States. It began on July 1, 1997, and succeeded the Aid to Families with Dependent Children (AFDC) program, providing cash assistance to indigent American families through the United States Department of Health and Human Services. TANF is often simply referred to as ''welfare''. The TANF program, emphasizing the welfare-to-work principle, is a grant given to each state to run its own welfare program and designed to be temporary in nature and has several limits and requirements. The TANF grant has a five-year lifetime limit and requires that all recipients of welfare aid must find work within two years of receiving aid, including single parents who are required to work at least 30 hours per week (35 for two-parent families). Failure to comply with work requirements could result in loss of benefits. TANF funds may be used for the following reasons: to provide assistance to needy famili ...
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Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be gr ...
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Rulemaking
In administrative law, rulemaking is the process that executive and independent agencies use to create, or ''promulgate'', regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through ''rulemaking''. By bringing detailed scientific and other types of expertise to bear on policy, the rulemaking process has been the means by which some of the most far-reaching government regulations of the 20th century have been created. For example, science-based regulations are critical to modern programs for environmental protection, food safety, and workplace safety. However, the growth in regulations has fueled criticism that the rulemaking process reduces the transparency and accountability of democratic government. Introduction Legislatures rely on rulemaking to add more detailed scientific, economic, or industry expertise to a policy—fleshing out the broader mandates of authorizing legislation. For ...
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Lobbying
In politics, lobbying, persuasion or interest representation is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agency, regulatory agencies. Lobbying, which usually involves direct, face-to-face contact, is done by many types of people, associations and organized groups, including individuals in the private sector, corporations, fellow legislators or government officials, or advocacy groups (interest groups). Lobbyists may be among a legislator's Electoral district, constituencies, meaning a Voting, voter or Voting bloc, bloc of voters within their electoral district; they may engage in lobbying as a business. Professional lobbyists are people whose business is trying to influence legislation, regulation, or other government decisions, actions, or policies on behalf of a group or individual who hires them. Individuals and nonprofit organizations can also lobby as an act of vo ...
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Class Action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged person brin ...
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