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Employment Division Of Oregon V. Smith
''Employment Division, Department of Human Resources of Oregon v. Smith'', 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so. Facts Alfred Leo Smith and Galen Black were members of the Native American Church and counselors at a private drug rehabilitation clinic. They were fired because they had ingested peyote, a powerful entheogen, as part of religious ceremonies at the Native American Church. At the time, intentional possession of peyote was a crime under Oregon law without an affirmative defense for religious use. The counselors filed a claim for unemployment compensation with the Employment Division of the Oregon Department of Human Re ... [...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] |
Oregon Court Of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the US state of Oregon. Part of the Oregon Judicial Department, it has thirteen judges and is located in Salem. Except for death penalty cases, which are reserved to the Oregon Supreme Court, and tax court cases, it has jurisdiction to hear all civil and criminal appeals from Oregon circuit courts, and to review actions of most state administrative agencies. The 13 judges of the court are chosen by the people in statewide nonpartisan elections to six-year terms, and have as their administrative head a Chief Judge appointed from their number by the Chief Justice of the state Supreme Court. Appeals court decisions are subject to a petition by an aggrieved party for review by the Oregon Supreme Court. The petition must be made within 35 days of the decision, and the Supreme Court determines by vote of the Justices whether to review the case. The court holds session at the Oregon Supreme Court Building in S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Mexico
) , population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano) , seat = Santa Fe , LargestCity = Albuquerque , LargestMetro = Tiguex , OfficialLang = None , Languages = English, Spanish ( New Mexican), Navajo, Keres, Zuni , Governor = , Lieutenant Governor = , Legislature = New Mexico Legislature , Upperhouse = Senate , Lowerhouse = House of Representatives , Judiciary = New Mexico Supreme Court , Senators = * * , Representative = * * * , postal_code = NM , TradAbbreviation = N.M., N.Mex. , area_rank = 5th , area_total_sq_mi = 121,591 , area_total_km2 = 314,915 , area_land_sq_mi = 121,298 , area_land_km2 = 314,161 , area_water_sq_mi = 292 , area_water_km2 = 757 , area_water_percent = 0.24 , population_as_of = 2020 , population_rank = 36th , 2010Pop = 2,117,522 , population_density_rank = 45th , 2000DensityUS = 17.2 , 2000Density = 6.62 , MedianHouseholdIncome = $51,945 , IncomeRank = 45th , AdmittanceOrder = ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the eighth most extensive and 21st most populous U.S. state. The 2020 United States census enumerated the population of Colorado at 5,773,714, an increase of 14.80% since the 2010 United States census. The region has been inhabited by Native Americans and their ancestors for at least 13,500 years and possibly much longer. The eastern edge of the Rocky Mountains was a major migration route for early peoples who spread throughout the Americas. "''Colorado''" is the Spanish adjective meaning "ruddy", the color of the Fountain Formation outcroppings found up and down the Front Range of the Rocky Mountains. The Territory of Colorado was organized on February 28, 1861, and on August 1, 1876, U.S. President Ulyss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Four Corners region with Utah to the north, Colorado to the northeast, and New Mexico to the east; its other neighboring states are Nevada to the northwest, California to the west and the Mexican states of Sonora and Baja California to the south and southwest. Arizona is the 48th state and last of the contiguous states to be admitted to the Union, achieving statehood on February 14, 1912. Historically part of the territory of in New Spain, it became part of independent Mexico in 1821. After being defeated in the Mexican–American War, Mexico ceded much of this territory to the United States in 1848. The southernmost portion of the state was acquired in 1853 through the Gadsden Purchase. Southern Arizona is known for its desert cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Avoidance
Constitutional avoidance is a legal doctrine in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. When a federal court is faced with a choice of ruling on a statutory, regulatory, or constitutional basis, the Supreme Court of the United States has instructed the lower court to decide the federal constitutional issue only as a last resort: "The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of." '' Ashwander v. Tennessee Valley Authority'', 297 U.S. 288, 347 (1936) (Brandeis, J., concurring). The avoidance doctrine flows from the canon of judicial restraint and is intertwined with the debate over the proper scope of federal judicial review and the allocation of power among the three branches of the federal government an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Compelling Interest
Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and have varied over time. United States In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law. Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests. A compelling governmental interest may override fundamental constitutional rights, if it satisfies the strict scrutiny test. A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. When government action infringes an individual's fundamental rights, the govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amish
The Amish (; pdc, Amisch; german: link=no, Amische), formally the Old Order Amish, are a group of traditionalist Anabaptist Christian church fellowships with Swiss German and Alsatian origins. They are closely related to Mennonite churches, another Anabaptist denomination. The Amish are known for simple living, plain dress, Christian pacifism, and slowness to adopt many conveniences of modern technology, with a view neither to interrupt family time, nor replace face-to-face conversations whenever possible, and a view to maintain self-sufficiency. The Amish value rural life, manual labor, humility and '' Gelassenheit'' (submission to God's will). The history of the Amish church began with a schism in Switzerland within a group of Swiss and Alsatian Mennonite Anabaptists in 1693 led by Jakob Ammann. Those who followed Ammann became known as Amish. In the second half of the 19th century, the Amish divided into Old Order Amish and Amish Mennonites; the latter do not abstain fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Security (United States)
In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration (SSA). The original Social Security Act was enacted in 1935,Social Security Act of 1935 and the current version of the Act, as amended, 2 USC 7 encompasses several social welfare and social insurance programs. The average monthly Social Security benefit for August 2022 was $1,547. The total cost of the Social Security program for the year 2021 was $1.145 trillion or about 5 percent of U.S. GDP. Social Security is funded primarily through payroll taxes called Federal Insurance Contributions Act tax (FICA) or Self Employed Contributions Act Tax (SECA). Wage and salary earnings in covered employment, up to an amount specifically determined by law (see tax rate table below), are subject to the Social Security payroll tax. Wage and salary earnings above this amount are not taxed. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Selective Service
The Selective Service System (SSS) is an independent agency of the United States government that maintains information on U.S. citizens and other U.S. residents potentially subject to military conscription (i.e., the draft) and carries out contingency planning and preparations for two types of draft: a general draft based on registration lists of men aged 18–25, and a special-skills draft based on professional licensing lists of workers in specified health care occupations. In the event of either type of draft, the Selective Service System would send out induction notices, adjudicate claims for deferments or exemptions, and assign draftees classified as conscientious objectors to alternative service work. All male U.S. citizens and immigrant non-citizens who are between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthdays, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reynolds V
Reynolds may refer to: Places Australia *Hundred of Reynolds, a cadastral unit in South Australia *Hundred of Reynolds (Northern Territory), a cadastral unit in the Northern Territory of Australia United States * Reynolds, Mendocino County, California, a former settlement * Reynolds, Georgia, a town in Taylor County * Reynolds, Illinois, a village in Mercer and Rock Island counties * Reynolds, Indiana, a town in White County * Reynolds, Dallas County, Missouri, an unincorporated community * Reynolds, Reynolds County, Missouri, an unincorporated community * Reynolds, Nebraska, a village in Jefferson County * Reynolds, North Dakota, a city * Reynolds Township, Lee County, Illinois, a town * Reynolds Township, Michigan, a civil township of Montcalm County * Reynolds Township, Minnesota, a town in Todd County * Reynolds County, Missouri, a county in southeast Missouri Outer space * Reynolds (crater), impact crater on Mars Business * Reynolds Brothers, a New Jersey clothing stor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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