Miller V. Albright
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Miller V. Albright
''Miller v. Albright'', 523 U.S. 420 (1998), was a United States Supreme Court case in which the Court upheld the validity of laws relating to U.S. citizenship at birth for children born outside the United States, out of wedlock, to an American parent. The Court declined to overturn a more restrictive citizenship requirement applying to an illegitimate foreign-born child of an American father, as opposed to a child born to an American mother under similar circumstances. Details Lorelyn Miller was born in the Philippines to an American father and a Philippine mother (who were not married). She later applied for a U.S. passport, but was turned down on the grounds that she was not a U.S. citizen. Miller challenged the law under which she had been denied citizenship, claiming that the law was unconstitutionally discriminatory because it imposed stricter requirements for a foreign-born illegitimate child of an American father than would have applied if her American parent had been her ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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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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Birthright Citizenship In The United States
Birthright citizenship in the United States is United States citizenship acquired by a person automatically, by operation of law. This takes place in two situations: by virtue of the person's birth within United States territory or because one or both of their parents is (or was) a US citizen. Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization. Birthright citizenship is guaranteed to most people born on U.S. territory by the first part of the Citizenship Clause introduced by the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states: :"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside". The Amendment overrode the Supreme Court decision in ''Dred Scott v. Sandford'' (1857) that denied US citizenship to African Americans, whether born in the United States or not, and whether ...
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Illegitimacy
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as ''bastardy'', has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter bear the same implications. The importance of legitimacy has decreased substantially in Western countries since the sexual revolution of the 1960s and 1970s and the declining influence of conservative Christian churches in family and social life. Births outside marriage now represent a large majority in many countries of Western Europe and the Americas, as well as in many former European colonies. In many Western-influenced cultures, stigma based on parents' marital status, and use of the word ''bastard'', are now widely consider ...
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Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republika sang Filipinas * ibg, Republika nat Filipinas * ilo, Republika ti Filipinas * ivv, Republika nu Filipinas * pam, Republika ning Filipinas * krj, Republika kang Pilipinas * mdh, Republika nu Pilipinas * mrw, Republika a Pilipinas * pag, Republika na Filipinas * xsb, Republika nin Pilipinas * sgd, Republika nan Pilipinas * tgl, Republika ng Pilipinas * tsg, Republika sin Pilipinas * war, Republika han Pilipinas * yka, Republika si Pilipinas In the recognized optional languages of the Philippines: * es, República de las Filipinas * ar, جمهورية الفلبين, Jumhūriyyat al-Filibbīn is an archipelagic country in Southeast Asia. It is situated in the western Pacific Ocean and consists of around 7,641 islands t ...
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Nguyen V
Nguyễn () is the most common Vietnamese surname. Outside of Vietnam, the surname is commonly rendered without diacritics as Nguyen. Nguyên (元)is a different word and surname. By some estimates 39 percent of Vietnamese people bear this surname.Lê Trung Hoa, ''Họ và tên người Việt Nam'', NXB Khoa học - Xã hội, 2005 Origin and usage "Nguyễn" is the spelling of the Sino-Vietnamese pronunciation of the Han character 阮 (, ). The same Han character is often romanized as ''Ruǎn'' in Mandarin, ''Yuen'' in Cantonese, ''Gnieuh'' or ''Nyoe¹'' in Wu Chinese, or ''Nguang'' in Fuzhou dialect, Hokchew. . Hanja reading ( Korean language, Korean) is 완 (''Wan'') or 원 (''Won'') and in Hiragana, it is げん (''Gen''), old reading as け゚ん (Ngen). The first recorded mention of a person surnamed Nguyen is a 317 CE description of a journey to Giao Châu undertaken by Eastern Jin dynasty (, ) officer and his family. Many events in Vietnamese history have contribu ...
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Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rat ...
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Virginia Journal Of International Law
The ''Virginia Journal of International Law'' is a law review that was established in 1960 at the University of Virginia School of Law. It is among the world's most influential international law journals. Pieces published in the ''Journal'' have been cited by the Supreme Court of the United States, multiple U.S. Circuit Courts of Appeals, and the International Court of Justice.''See, e.g.'', Oil Platforms (Iran v. U.S.), 2003 I.C.J. 161 (Nov. 6); Arrest Warrant of 11 April 2000, 2002 I.C.J. 3 (Feb. 14); Sovereignty over Pulau Ligitan and Pulau Spiadan, 2001 I.C.J. 575 (Oct. 23); Application of Convention on the Prevention and Punishment of the Crime of Genocide, 1996 I.C.J. 595 (July 11). Scope The scope of the journal covers issues such as international commercial and trade law, international litigation and arbitration, international organizations, international humanitarian and human rights law, and comparative law. It contains a mix of full-length articles, comments, essays, ...
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HeinOnline
HeinOnline (HOL) is a commercial internet database service launched in 2000 by William S. Hein & Co., Inc. (WSH Co), a Buffalo, New York publisher specializing in legal materials. The company began in Buffalo, New York, in 1961 and is currently based in nearby Getzville, NY. In 2013 WSH Co. was the 33rd largest private company in western New York, with revenues of around $33 million and more than seventy employees. HeinOnline is a source for traditional legal materials (reported cases, statutes, government regulations, academic law reviews, commercially produced law journals and magazines, and classic treatises), historical, governmental, and political documents, legislative debates, legislative and executive branch reports, world constitutions, international treaties, and reports and other documents of international organizations. The database includes more than 192 million pages of materials “in an online, fully searchable, image-based format". New product award In 2001, Hein ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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United States Supreme Court Cases Of The Rehnquist Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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