2011 term United States Supreme Court opinions of Elena Kagan
   HOME

TheInfoList



Click Here for Items Related To - 2011 term United States Supreme Court opinions of Elena Kagan
OR:
2011 term United States Supreme Court opinions of Elena Kagan on:   [Wikipedia]   [Google]   [Amazon]

{{SCOTUS-justice-listframe , firstname=Elena , lastname=Kagan , image=File:Kagan 10-1-2010.jpg , term=2011 , tenurecount=second , startdate=October 3, 2011 , enddate=September 30, 2012 , majority=7 , concurrence=1 , concurrencedissent=1 , dissent=1 , other=0 , benchcount=10 , relatingtoorders=0 , inchambers=0 , unanimous=5 , mostjoinedby=Ginsburg (8) , leastjoinedby=Roberts, Thomas, Alito (6) , url-courtopinions=https://www.supremecourt.gov/opinions/slipopinion/11 , url-relatingtoorders=https://www.supremecourt.gov/opinions/relatingtoorders/11 , url-inchambers=https://www.supremecourt.gov/opinions/in-chambers/11 , accessdate=October 23, 2012 , opinionstemplate=Elena Kagan opinions , courttemplate=SCOTUSterm2010-2015 , entries= {{SCOTUS-justice-listentry , #=01 , case=Judulang v. Holder , type=majority , volume=565 , page=42 , year=2011 , wikisource=Judulang v. Holder/Opinion of the Court , issues=
deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
{{* discretionary relief {{* comparable-grounds rule {{* Administrative Procedure Act , joined=Unanimous , summary=The Court ruled that the
Board of Immigration Appeals The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and cert ...
' "comparable-grounds rule" was arbitrary and capricious under the Administrative Procedure Act. The rule was used by the agency to determine the eligibility for discretionary relief of a long-term resident alien facing deportation for a past criminal conviction. The comparable-grounds rule asked whether the statutory deportation ground corresponded, in type ''and'' breadth, to a statutory exclusion ground under which a long-term resident alien who left the U.S. could be barred from re-entry. "But so what if it does?", the Court asked. "Each of these statutory grounds contains a slew of offenses. Whether each contains the same slew has nothing to do with whether a deportable alien whose prior conviction falls within both grounds merits the ability to seek a waiver." Comparing the comparable-grounds rule to decisionmaking by coin toss, the Court wrote that the rule was "unmoored from the purposes and concerns of the immigration laws. It allows an irrelevant comparison between statutory provisions to govern a matter of the utmost importance—whether lawful resident aliens with longstanding ties to this country may stay here." The rule was made further arbitrary by the fact that an official's choice of which of overlapping statutory deportation grounds covered a particular prior crime would itself determine the outcome of the comparison. {{SCOTUS-justice-listentry , #=02 , case=National Meat Assn. v. Harris , type=majority , volume=565 , page=452 , year=2012 , wikisource= , issues=
Federal Meat Inspection Act The Federal Meat Inspection Act of 1906 (FMIA) is an American law that makes it illegal to adulterate or misbrand meat and meat products being sold as food, and ensures that meat and meat products are slaughtered and processed under strictly r ...
{{* regulation of slaughterhouses {{* disposition of nonambulatory livestock {{*
federal preemption In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This ...
, joined=Unanimous , summary= {{SCOTUS-justice-listentry , #=03 , case=Messerschmidt v. Millender , type=concurrencedissent , volume=565 , page=535 , year=2012 , wikisource= , issues= Fourth Amendment {{* law enforcement reliance on overbroad
search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...
{{*
qualified immunity In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statu ...
, joined= , otheropinion1author=Roberts , , otheropinion1type=majority , , otheropinion1link=2011 term United States Supreme Court opinions of John Roberts#Messerschmidt v. Millender , otheropinion2author=Breyer , , otheropinion2type=concurrence , , otheropinion2link=2011 term United States Supreme Court opinions of Stephen Breyer#Messerschmidt v. Millender , otheropinion3author=Sotomayor , , otheropinion3type=dissent , , otheropinion3link=2011 term United States Supreme Court opinions of Sonia Sotomayor#Messerschmidt v. Millender , summary= {{SCOTUS-justice-listentry , #=04 , case=Kurns v. Railroad Friction Products Corp. , type=concurrence , volume=565 , page=625 , year=2012 , wikisource= , issues= Locomotive Inspection Act {{* injury from asbestos exposure {{* state law claims for defective design and failure to warn {{*
federal preemption In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This ...
, joined= , otheropinion1author=Thomas , , otheropinion1type=majority , , otheropinion1link=2011 term United States Supreme Court opinions of Clarence Thomas#Kurns v. Railroad Friction Products Corp. , otheropinion2author=Sotomayor , , otheropinion2type=concurrencedissent , , otheropinion2link=2011 term United States Supreme Court opinions of Sonia Sotomayor#Kurns v. Railroad Friction Products Corp. , summary= {{SCOTUS-justice-listentry , #=05 , case=Martel v. Claire , type=majority , volume=565 , page=648 , year=2012 , wikisource= , issues=
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
{{* motion to substitute counsel in
capital case Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
{{* , joined=Unanimous , summary= {{SCOTUS-justice-listentry , #=06 , case=Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S , type=majority , volume=566 , page=399 , year=2012 , wikisource= , issues=
pharmaceutical patent A chemical patent, pharmaceutical patent or drug patent is a patent for an invention in the chemical industry, chemical or pharmaceuticals industry. Strictly speaking, in most jurisdictions, there are essentially no differences between the legal ...
s {{*
counterclaim In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against th ...
by generic drug companies to force correction of patent-holder use code , joined=Unanimous , otheropinion1author=Sotomayor , , otheropinion1type=concurrence , , otheropinion1link=2011 term United States Supreme Court opinions of Sonia Sotomayor#Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S , summary= {{SCOTUS-justice-listentry , #=07 , case=Holder v. Martinez Gutierrez , type=majority , volume=566 , page=583 , year=2012 , wikisource= , issues=cancellation of removal of alien {{* imputation to child of parent's continuous residence or lawful permanent residence status , joined=Unanimous , summary= {{SCOTUS-justice-listentry , #=08 , case=Williams v. Illinois , type=dissent , volume=567 , page=50 , year=2012 , wikisource= , issues= Sixth Amendment {{*
Confrontation Clause The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that ''"in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him."'' The right only applies to cri ...
{{*
expert testimony An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
, joined=Scalia, Ginsburg, Sotomayor , otheropinion1author=Alito , , otheropinion1type=plurality , , otheropinion1link=2011 term United States Supreme Court opinions of Samuel Alito#Williams v. Illinois , otheropinion2author=Thomas , , otheropinion2type=concurrence , , otheropinion2link=2011 term United States Supreme Court opinions of Clarence Thomas#Williams v. Illinois , otheropinion3author=Breyer , , otheropinion3type=concurrence , , otheropinion3link=2011 term United States Supreme Court opinions of Stephen Breyer#Williams v. Illinois , summary= {{SCOTUS-justice-listentry , #=09 , case=Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak , type=majority , volume=567 , page=209 , year=2012 , wikisource= , issues= Indian Reorganization Act {{* government acquisition of property to provide to Native Americans {{*
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
{{* Quiet Title Act {{* prudential standing , joined=Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito , otheropinion1author=Sotomayor , , otheropinion1type=dissent , , otheropinion1link=2011 term United States Supreme Court opinions of Sonia Sotomayor#Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak , summary= {{SCOTUS-justice-listentry , #=10 , case=Miller v. Alabama , type=majority , volume=567 , page=460 , year=2012 , wikisource= , issues= Eighth Amendment {{* Cruel and Unusual Punishment {{* sentencing of juveniles to
life without parole Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
, joined=Kennedy, Ginsburg, Breyer, Sotomayor , otheropinion1author=Breyer , , otheropinion1type=concurrence , , otheropinion1link=2011 term United States Supreme Court opinions of Stephen Breyer#Miller v. Alabama , otheropinion2author=Roberts , , otheropinion2type=dissent , , otheropinion2link=2011 term United States Supreme Court opinions of John Roberts#Miller v. Alabama , otheropinion3author=Thomas , , otheropinion3type=dissent , , otheropinion3link=2011 term United States Supreme Court opinions of Clarence Thomas#Miller v. Alabama , otheropinion4author=Alito , , otheropinion4type=dissent , , otheropinion4link=2011 term United States Supreme Court opinions of Samuel Alito#Miller v. Alabama , summary=