United States V. Carolene Products Co.
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United States V. Carolene Products Co.
''United States v. Carolene Products Company'', 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional" under a deferential standard of review known as the "rational basis test". The case is most notable for Footnote Four, in which Stone wrote that the Court would exercise a stricter standard of review when a law appears on its face to violate a provision of the United States Constitution, restricts the political process in a way that could impede the repeal of an undesirable law, or discriminates against "discrete and insular" minorities. Footnote Four would influence later Supreme Court decisions, and the higher standard of review is now known as "strict scrutiny". Background The case dealt with a federal law that pro ...
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Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ...
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Harlan Stone
Harlan Fiske Stone (October 11, 1872 – April 22, 1946) was an American attorney and jurist who served as an associate justice of the U.S. Supreme Court from 1925 to 1941 and then as the 12th chief justice of the United States from 1941 until his death in 1946. He also served as the U.S. Attorney General from 1924 to 1925 under President Calvin Coolidge, with whom he had attended Amherst College as a young man. His most famous dictum was: "Courts are not the only agency of government that must be assumed to have capacity to govern." Raised in western Massachusetts, Stone practiced law in New York City after graduating from Columbia Law School. He became the Dean of Columbia Law School and a partner with Sullivan & Cromwell. During World War I, he served on the U.S. Department of War's Board of Inquiry, which evaluated the sincerity of conscientious objectors. In 1924, President Calvin Coolidge appointed Stone as the Attorney General. Stone sought to reform the U.S. De ...
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Fiske V
Fiske is a surname of Scandinavian origins. According to ''Burke's Peerage'', "The family of Fiske has long flourished in the counties of Norfolk (recorded as landowners in the Domesday Book) and Suffolk England.html"_;"title="n_England">n_England_and_derives_from_the_old_Old_Norse.html" ;"title="England">n_England.html" ;"title="England.html" ;"title="n England">n England">England.html" ;"title="n England">n England and derives from the old Old Norse">Norse name of Fiskr. Legend holds that they arrived with the invading forces of Olaf Tryggvason, King of Norway, at the Battle of Maldon on the River Blackwater, Essex, Blackwater River in Essex in 991 A.D. Daniel Fisk, of Laxfield is mentioned in a document issued by John, King of England, King John, confirming a grant of land in Digneveton (Dennington), made by the Duke of Lorraine to the men of Laxfield 1 May 1208."''Burke's Peerage & Gentry'''Fiske Harrison of Layer de la Haye'/ref> The name may refer to several people: In a ...
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Grosjean V
Grosjean () is a surname of French or Belgian origin from the adjective ''gros'' (large) and the forename ''Jean''. As ''gros-jean'', it is sometimes applied in French to a person who is perceived as stupid. People * Alice Lee Grosjean, confidante of 20th-century Louisiana politician Huey Long * André Grosjean, Swiss water polo player at the 1948 Olympics * Bruno Grosjean, a possible real name for purported Swiss Holocaust survivor Binjamin Wilkomirski * Catherine Grosjean (born 1947), French Olympic swimmer * Ernest Grosjean (1844–1936), French composer and organist * Fernand Grosjean (1924–2015), Swiss Olympic alpine skier *François Grosjean, French psycholinguist and researcher on bilingualism * Georges Grosjean, Belgian field hockey player at the 1928 Olympics *James Grosjean, American gambler and author * Jean Grosjean (1912–2006), French poet, writer and translator *Joris Grosjean (born 1993), French badminton player *Marion Jollès Grosjean (born 1981), French journal ...
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Near V
NEAR or Near may refer to: People * Thomas J. Near, US evolutionary ichthyologist * Near, a developer who created the higan emulator Science, mathematics, technology, biology, and medicine * National Emergency Alarm Repeater (NEAR), a former alarm device to warn civilians of a foreign nuclear attack on the United States * National Emergency Airway Registry (NEAR), a patient registry for intubations in the United States * Nicking enzyme amplification reaction (NEAR), a method of DNA amplification * NEAR Shoemaker, a spacecraft that studied the near-Earth asteroid Eros * Nearness or proximity space *"Near", a city browser by NearGlobal Television, film, music, and books * Near (Death Note), ''Nate River'', a character Other uses * Near v. Minnesota, a U.S. press freedom Supreme Court decision * New England Auto Racers Hall of Fame The New England Auto Racers Hall of Fame is a hall of fame for racing-related people in the New England region of the United States. NEAR was ...
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Nixon V
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was the 36th vice president from 1953 to 1961 under President Dwight D. Eisenhower. His five years in the White House saw reduction of U.S. involvement in the Vietnam War, détente with the Soviet Union and China, the first manned Moon landings, and the establishment of the Environmental Protection Agency and Occupational Safety and Health Administration. Nixon's second term ended early, when he became the only president to resign from office, as a result of the Watergate scandal. Nixon was born into a poor family of Quakers in a small town in Southern California. He graduated from Duke Law School in 1937, practiced law in California, then moved with his wife Pat to Washington in 1942 to work for the federal government. After active duty in ...
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Lovell V
Lovell may refer to: Places United States * Lovell, Maine, a town * Lovell, Ohio, an unincorporated community * Lovell, Oklahoma, a census-designated place * Lovell, Wyoming, a town * Chattanooga Metropolitan Airport (Lovell Field), Chattanooga, Tennessee Elsewhere * Minster Lovell, Oxfordshire, UK * Lovell (crater), a small crater on the far side of the moon Other uses * Lovell (surname) * Lovell Cook (born 1990), American professional basketball player * Lovell Pinkney (born 1972), American football player * Lovell Rousseau (1818 – 1869), a Union Army general during the American Civil War * Lovell Telescope The Lovell Telescope is a radio telescope at Jodrell Bank Observatory, near Goostrey, Cheshire in the north-west of England. When construction was finished in 1957, the telescope was the largest steerable dish radio telescope in the world at 76 ... at Jodrell Bank, UK See also * Lowell (other) * Lovells (other) {{disambiguation, geo ...
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Stromberg V
Stromberg, Strömberg, Strømberg, Stroemberg, or ''variant'' may refer to: Places Germany * Stromberg, Oelde, a town in Oelde * Stromberg (landscape), a region in Baden-Württemberg ** Stromberg-Heuchelberg Nature Park * Stromberg (Siebengebirge), a mountain peak now better known as Petersberg * Stromberg (Verbandsgemeinde), a collective municipality in the district of Bad Kreuznach in Rheinland-Pfalz ** Stromberg (Hunsrück), a town and the seat of the collective municipality People * Stromberg (surname), people with the surname of any spelling variant Corporate * Stromberg, a carburetor brand name used by Zenith Carburetters and by Bendix Corporation * Strömberg (company), a Finnish manufacturer of electronic products * Stromberg Guitars, an American company producing guitars, mainly for jazz musicians, between 1906 and 1955 * Stromberg-Carlson, an American manufacturer of telephone equipment, radios and television * Stromberg-Voisinet, manufacturer of musical instrumen ...
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John Hart Ely
John Hart Ely ( ; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the University of Miami Law School from 1996 until his death. From 1982 until 1987, he was the 10th Dean of Stanford Law School. As a third-year student at Yale Law School, Ely became a member of the legal team of Abe Fortas, contributing to the landmark ruling in ''Gideon v. Wainwright'' that required states to provide legal representation to those who could not afford their own. He continued his legal career as the youngest staff member of the much-scrutinized Warren Commission tasked with investigating the assassination of John F. Kennedy. After clerking for Justice Earl Warren, he would go on to study abroad and returned to take a modest position as a public defender before beginning his distinguished career in academia as a professor at Ya ...
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Constitutional Law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries History of the United States Constitution, such as the United States and Provinces of Canada, Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a ''jus commune'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include custom (law), customary law, Convention (norm), conventions, statutory law, precedent, judge-made law, or international law, international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these princi ...
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Louis Lusky
Louis Lusky (May 15, 1915 – January 4, 2001) was an American legal scholar. Considered a pioneer in the field of civil rights law, he was the Betts Professor of Law at Columbia Law School, where he taught from 1963 to 1986. A native of Louisville, Kentucky, Lusky graduated from Louisville Male High School in 1931. He later attended the University of Louisville and Columbia Law School and graduated as the highest-ranking member of the Columbia Law School Class of 1937. Lusky began his legal career as the clerk for United States Supreme Court Justice Harlan Fiske Stone. During that time he helped draft the famous "Footnote 4" of ''United States v. Carolene Products Co.'' (1938). The footnote asserts that the Supreme Court might adopt a higher level of judicial scrutiny in matters concerning noneconomic regulation, which has been applied in cases involving the protection of the integrity of the political process, particularly those involving religious, national, or racial minorities ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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