Van Orden V. Perry
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Van Orden V. Perry
''Van Orden v. Perry'', 545 U.S. 677 (2005), was a United States Supreme Court case involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment. In a suit brought by Thomas Van Orden of Austin, the United States Court of Appeals for the Fifth Circuit ruled in November 2003 that the displays were constitutional, on the grounds that the monument conveyed both a religious and secular message. Van Orden appealed, and in October 2004 the high court agreed to hear the case at the same time as it heard ''McCreary County v. ACLU of Kentucky'', a similar case challenging a display of the Ten Commandments at two county courthouses in Kentucky. The appeal of the 5th Circuit's decision was argued by Erwin Chemerinsky, a constitutional law scholar and the Alston & Bird Professor of Law at Duke University School of Law, who represented Van Orden on a '' pro bono'' basis ...
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5th Cir
Fifth is the ordinal form of the number five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth disease, a contagious rash that spreads in school-aged children * Fifth force, a proposed force of nature in addition to the four known fundamental forces * Fifth (Stargate), a robotic character in the television series ''Stargate SG-1'' * Fifth (unit), a unit of volume used for distilled beverages in the U.S. * Fifth-generation programming language * The fifth in a series, or four after the first: see ordinal numbers * 1st Battalion, 5th Marines * The Fraction 1/5 * The royal fifth (Spanish and Portuguese), an old royal tax of 20% Music * A musical interval (music); specifically, a ** perfect fifth ** diminished fifth ** augmented fifth * Quintal harmony, in which chords concatenate fifth intervals (rather than the third intervals of tertian harmony) * Fifth (chord) ...
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Erwin Chemerinsky
Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he also served as the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017. A study of legal publications between 2016 and 2020 found Chemerinsky to be the most frequently cited American legal scholar. Chemerinsky was named a fellow of the American Academy of Arts and Sciences in 2016. The National Jurist magazine named him the most influential person in legal education in the United States in 2017. In 2021 Chemerinsky was named President-elect of the Association of American Law Schools. Early life and education Chemerinsky was born in 1953 in Chicago, Illinois. He grew up in a working-class Jewish family on Chicago's South Side and attended the University of Chicago Laboratory Schools for high school. He ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ...
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William Rehnquist
William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from 1986 until his death in 2005. Considered a staunch conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states. Under this view of federalism, the Court, for the first time since the 1930s (with the exception of ''National League of Cities v. Usery'', which was overruled in '' Garcia v. San Antonio Metropolitan Transit Authority''), struck down an act of Congress as exceeding its power under the Commerce Clause. Rehnquist grew up in Milwaukee, Wisconsin, and served in the U.S. Army Air Forces during the final years of World War II. After the war's end in 1945, he studied political science at Stanford University and Harvard University, then attended Stanford Law Sc ...
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Lemon Test
''Lemon v. Kurtzman'', 403 U.S. 602 (1971), was a case argued before the Supreme Court of the United States.. The court ruled in an 8–0 decision that Pennsylvania's Nonpublic Elementary and Secondary Education Act (represented through David Kurtzman) from 1968 was unconstitutional and in an 8–1 decision that Rhode Island's 1969 Salary Supplement Act was unconstitutional, violating the Establishment Clause of the First Amendment. The act allowed the Superintendent of Public Schools to reimburse private schools (mostly Catholic) for the salaries of teachers who taught in these private elementary schools from public textbooks and with public instructional materials. ''Lemon'' was a major precedent in federal and local courts until it was effectively overturned by ''Kennedy v. Bremerton School District'' in 2022. Lemon test The Court's decision in this case established the "''Lemon'' test" (named after the lead plaintiff Alton Lemon), which details legislation concerning religion. I ...
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Paul Clement
Paul Drew Clement (born June 24, 1966) is an American lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm, Clement & Murphy, in 2022 after leaving Kirkland & Ellis, following that firm’s decision to end its Second Amendment work. He is also a Distinguished Lecturer in Law at Georgetown University and an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005, for the post of Solicitor General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13. Clement resigned on May 14, 2008, effective June 2, 2008, and joined the Georgetown University Law Center as a visiting professor and senior fellow at the Supreme Court Institute. Early life and education Clement was born and raised in Cedarburg, Wisconsin. He was one of four children born to Jean and Jerry Clement. After gradu ...
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Solicitor General Of The United States
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 aga ...
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Amicus Curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Greg Abbott
Gregory Wayne Abbott (born November 13, 1957) is an American politician, attorney, and former jurist serving as the 48th governor of Texas since 2015. A member of the Republican Party (United States), Republican Party, he served as the 50th Texas Attorney General, attorney general of Texas from 2002 to 2015 and as a member of the Texas Supreme Court from 1996 to 2001. Abbott was the third Republican to serve as attorney general of Texas since the Reconstruction era, Reconstruction era. He was elected to that office with 57% of the vote in 2002 and reelected with 60% in 2006 and 64% in 2010, becoming the longest-serving Texas attorney general in state history, with 12 years of service. Before becoming attorney general, Abbott was a justice of the Supreme Court of Texas, Texas Supreme Court, a position to which he was appointed in 1995 by then-governor George W. Bush. Abbott won a full term in 1998 with 60% of the vote. As attorney general, he successfully advocated for the Texas ...
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Texas Attorney General
The Texas attorney general is the chief legal officer
of the of . The current officeholder, , has served in the position since January 5, 2015. Some of the office is housed at the William P. Clements State Office Building in
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Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ...
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Duke University School Of Law
Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit that began in 1868 as the Trinity College School of Law. In 1924, following the renaming of Trinity College to Duke University, the school was renamed Duke University School of Law. Duke Law is consistently ranked as one of the top law schools in the United States, and admits about 14.5 percent of applicants. The law school is one of the "T14" law schools that have consistently ranked within the top 14 law schools since '' U.S. News & World Report'' began publishing rankings. According to Law.com, 91.36 percent of its 2018 graduating class were employed within 10 months, with a median starting salary in the private sector of $205,000. Duke's 2019 class bar passage rate was "almost 98 percent" — the second-highest bar passage rate in th ...
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