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O'Brien Test
''United States v. O'Brien'', 391 U.S. 367 (1968), was a List of landmark court decisions in the United States, landmark decision of the United States Supreme Court, ruling that a criminal prohibition against Draft-card burning, burning a draft card did not violate the First Amendment to the United States Constitution, First Amendment's guarantee of free speech. Though the court recognized that O'Brien's conduct was expressive as a Opposition to United States involvement in the Vietnam War, protest against the Vietnam War, it considered the law justified by a significant government interest unrelated to the suppression of speech and was tailored towards that end. ''O'Brien'' upheld the government's power to prosecute what was becoming a pervasive method of anti-war protest. Its more significant legacy, however, was its application of a new constitutional standard. The test articulated in ''O'Brien'' has been subsequently used by the court to analyze whether laws that have the effe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Matthew McEntee
Edward Matthew McEntee (October 21, 1906 – February 14, 1981) was a United States circuit judge of the United States Court of Appeals for the First Circuit. Education and career Born in Providence, Rhode Island, McEntee received an Artium Baccalaureus degree from the College of the Holy Cross in 1928. He received a Bachelor of Laws from Boston University School of Law in 1933. He was in private practice of law in Providence from 1933 to 1952. He was a Member of the Rhode Island House of Representatives from 1935 to 1939. He was an Assistant United States Attorney of the District of Rhode Island from 1940 to 1951. He was the United States Attorney for the District of Rhode Island from 1952 to 1953. Federal judicial service McEntee was nominated by President Lyndon B. Johnson on August 3, 1965, to a seat on the United States Court of Appeals for the First Circuit vacated by Judge Peter Woodbury. He was confirmed by the United States Senate on August 31, 1965, and received ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailey Aldrich
Bailey Aldrich (April 23, 1907 – September 25, 2002) was a United States circuit judge of the United States Court of Appeals for the First Circuit and previously was a United States District Judge of the United States District Court for the District of Massachusetts. Education and career A native of Boston, Massachusetts, Aldrich graduated from Harvard University with an Artium Baccalaureus degree in 1928 and Harvard Law School with a Bachelor of Laws in 1932. He was elected a Fellow of the American Academy of Arts and Sciences in 1954. Aldrich was in private practice in Boston from 1932 to 1954. Federal judicial service Aldrich was nominated by President Dwight D. Eisenhower on April 1, 1954, to the United States District Court for the District of Massachusetts, to a new seat authorized by 68 Stat. 8. He was confirmed by the United States Senate on April 23, 1954, and received his commission on April 27, 1954. His service terminated on September 14, 1959, due to his elevati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of The United States
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021. History Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all sui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Se
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney. This status is sometimes known as ''in propria persona'' (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person". Prevalence According to the National Center for State Courts in the United States, as of 2006 ''pro se'' litigants had become more common in both state courts and federal courts. Estimates of the ''pro se'' rate of family law overall averaged 67% in California, 73% in Florida's large counties, and 70% in some Wisconsin counties. In San Diego, for example, the number of divorce filings involving at least one ''pro se'' litigant rose from 46% in 1992 to 77% in 2000, in Florida from 66% ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Bureau Of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes. Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and NCA; the New Zealand GCSB and the Russian FSB. Unlike the Central Intelligence Agency (CIA), which has no law enforcement authority and is focused on intelligence collection abroad, the FBI is primarily a domestic agency, maintaining 56 field offices in major cities throug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Boston, Massachusetts
South Boston is a densely populated neighborhood of Boston, Massachusetts, located south and east of the Fort Point Channel and abutting Dorchester Bay. South Boston, colloquially known as Southie, has undergone several demographic transformations since being annexed to the city of Boston in 1804. The neighborhood, once primarily farmland, is popularly known by its twentieth century identity as a working class Irish Catholic community. Throughout the twenty-first century, the neighborhood has become increasingly popular with millennial professionals. South Boston contains Dorchester Heights, where George Washington forced British troops to evacuate during the American Revolutionary War. South Boston has undergone gentrification, and consequently, its real estate market has seen property values join the highest in the city. South Boston has also left its mark on history with Boston busing desegregation. South Boston is also home to the St. Patrick's Day Parade, a celebration of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Draft Card
Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day under various names. The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1–8 years on active duty and then transfer to the reserve force. Conscription is controversial for a range of reasons, including conscientious objection to military engagements on religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; sexism, in that historically men have been subject to the draft in the most cases; and ideological objection, for example, to a perceived vio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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