South Carolina V. Catawba Indian Tribe, Inc.
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South Carolina V. Catawba Indian Tribe, Inc.
''South Carolina v. Catawba Indian Tribe, Inc.'', 476 U.S. 498 (1986), is an important U.S. Supreme Court precedent for aboriginal title in the United States decided in the wake of ''County of Oneida v. Oneida Indian Nation of New York State'' (Oneida II) (1985). Distinguishing ''Oneida II'', the Court held that federal policy did not preclude the application of a state statute of limitations to the land claim of a tribe that had been terminated, such as the Catawba tribe. The Court remanded to the United States Court of Appeals for the Fourth Circuit to determine whether South Carolina's statute of limitations applied to the facts of the case. All together, the Fourth Circuit heard oral arguments in the case seven times, six of those times sitting ''en banc'', i.e. all the judges on the Circuit rather than a panel of three (although the Circuit wrote only five published opinions). The Fourth Circuit determined that the limitations statute only barred the claim against those ...
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4th Cir
Fourth or the fourth may refer to: * the ordinal form of the number 4 * ''Fourth'' (album), by Soft Machine, 1971 * Fourth (angle), an ancient astronomical subdivision * Fourth (music), a musical interval * ''The Fourth'' (1972 film), a Soviet drama See also * * * 1/4 (other) * 4 (other) * The fourth part of the world (other) * Forth (other) * Quarter (other) * Independence Day (United States) Independence Day (colloquially the Fourth of July) is a federal holiday in the United States commemorating the Declaration of Independence, which was ratified by the Second Continental Congress on July 4, 1776, establishing the United States ...
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Harry Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the " Minnesota Twins", but Blackmun drifted away from Burger during their tenure on th ...
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Justice Blackmun Official
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspectives, including the concepts of morality, moral correctness based on ethics, rationality, law, religion, Equity (law), equity and fairness. The state will sometimes endeavor to increase justice by operating courts and enforcing their rulings. Early theories of justice were set out by the Ancient Greek philosophers Plato in his work Republic (Plato), The Republic, and Aristotle in his Nicomachean Ethics. Advocates of divine command theory have said that justice issues from God. In the 1600s, philosophers such as John Locke said that justice derives from natural law. Social contract theory said that justice is derived from the mutual agreement of everyone. In the 1800s, utilitarian philosophers such as John Stuart Mill said that justice is base ...
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John Paul Stevens
John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldest justice in the history of the U.S. Supreme Court and the third- longest-serving justice. At the time of his death in 2019 at age 99, he was the longest-lived Supreme Court justice ever. His long tenure saw him write for the Court on most issues of American law, including civil liberties, the death penalty, government action, and intellectual property. In cases involving presidents of the United States, he wrote for the court that they were to be held accountable under American law. Despite being a registered Republican who throughout his life identified as a conservative, Stevens was considered to have been on the liberal side of the Court at the time of his retirement. Born in Chicago, Stevens served in the United States Navy during Wor ...
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John Paul Stevens, SCOTUS Photo Portrait
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ...
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United States Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represents the federal government of the United States before the Supreme Court of the United States. The solicitor general determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the Office of the Solicitor General also files ''amicus curiae'' briefs in cases in which the federal government has a significant interest. The Office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an ''amicus'' brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided again ...
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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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Summary Judgement
may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a shorter form * Summary or executive summary of a document, a short document or section that summarizes a longer document such as a report or proposal or a group of related reports * Introduction (writing) * Summary (law), which has several meanings in law * Automatic summarization, the use of a computer program to produce an abstract or abridgement * Synopsis (other) * Overview (other) Overview may refer to: * Overview article, an artícle that summarizes the current state of understanding on a topic * Overview map, generalised view of a geographic area See also * Summary (other) * Outline (list) * ''A Brief Overvie ...
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United States District Court For The Western District Of Pennsylvania
The United States District Court for the Western District of Pennsylvania (in case citations, W.D. Pa.) is a federal trial court that sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federal law. Appeals from this court are heard by the United States Court of Appeals for the Third Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). History The United States District Court for the District of Pennsylvania was one of the original 13 courts established by the Judiciary Act of 1789, , on September 24, 1789.Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 388.U.S. District Courts of Pennsylvani ...
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Joseph Putnam Willson
Joseph Putnam Willson (January 7, 1902 – August 3, 1998) was a United States district judge of the United States District Court for the Western District of Pennsylvania. Education and career Born in Bath, New York, Willson received a Bachelor of Science degree from the University of Pennsylvania in 1926 and a Bachelor of Laws from the Temple University Beasley School of Law in 1931. At received a football scholarship at Penn and played as a tackle for the Penn Quakers. He was elected captain of the 1925 Penn Quakers football team. Willson was in private practice in Smethport, Pennsylvania from 1931 to 1953. He served in the United States Naval Reserve during World War II, from 1942 to 1945. He was a member of the Pennsylvania Game Commission from 1948 to 1953, and was a Special Master for the Supreme Court of the United States from 1964 to 1972. Federal judicial service On June 8, 1953, Willson was nominated by President Dwight D. Eisenhower to a seat on the United States Dis ...
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Recusal
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide standards for recusal in a given proceeding or matter. Providing that the judge or presiding officer must be free from disabling conflicts of interest makes the fairness of the proceedings less likely to be questioned. Recusal in the United States In the United States, the term "recusal" is used most often with respect to court proceedings. Two sections of Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, captioned "Disqualification of justice, judge, or magistrate judge", provides that a federal judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned". The section ...
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