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Kitzmiller V. Dover Area School District
''Kitzmiller v. Dover Area School District'', 400 F. Supp. 2d 707 (M.D. Pa. 2005) was the first direct challenge brought in the United States federal courts testing a public school district policy that required the teaching of intelligent design, ultimately found by the court to not be science. In October 2004, the Dover Area School District of York County, Pennsylvania, changed its biology teaching curriculum to require that intelligent design be presented as an alternative to evolution theory, and that ''Of Pandas and People'', a textbook advocating intelligent design, was to be used as a reference book.On October 18, 2004, the Board passed by a 6–3 vote a resolution that amended the biology curriculum as follows:Students will be made aware of gaps/problems in Darwin's theory and of other theories of evolution including, but not limited to, intelligent design. Note: Origins of Life is not taught.In addition, the Board resolution stated that this subject is to be covered in lec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Middle District Of Pennsylvania
The United States District Court for the Middle District of Pennsylvania (in case citations, M.D. Pa.) is a district level federal court with jurisdiction over approximately one half of Pennsylvania. The court was created in 1901 by subdividing the United States District Court for the Eastern District of Pennsylvania and the United States District Court for the Western District of Pennsylvania. The court is under the jurisdiction of 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). Because Harrisburg, the state capital, is located within the district's jurisdiction, most suits against the Commonwealth of Pennsylvania are filed in the Middle District. Similarly, because York County Prison served as the largest Immigration and Naturalization Service (INS) facility in the Northeast, the Middle District also adjudicated many immigration cases. T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is: The Establishment Clause acts as a double security, prohibiting both religious abuse of government and political control of religion. Under it the federal government of the United States as well as the governments of all U.S. states and U.S. territories are prohibited from establishing or sponsoring religion. The clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the Pennsylvania and New Jersey colonial constitutions. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation. In 1789, then-congressman James Madison prepared another draft which, following discussion and debate in the First Congress, would become ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bench Trial
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases. While a jury renders a verdict, a judge in a bench trial does the same by making a finding. United Kingdom England and Wales The majority of civil trials proceed without a jury and are heard by a judge sitting alone. Summary criminal trials may be heard by a single district judge (magistrates' court) or by a panel of at least two, but more usually three, magistrates. Section 47 Criminal Justice Act 2003 does allow a bench trial for indictable offences, but is rarely used, having been exercised only two times since its inception. Scotland Most civil trials in Scotland are conducted in a sheriff court by a sheriff sitting alone. In the Court of Session, a judge in either ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant share of serious criminal cases in many but not all common law judicial systems. The majority of common law jurisdictions in Asia (such as Singapore, India, Pakistan and Malaysia) have abolished jury trials on the grounds that juries are susceptible to bias. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. Only the United States makes routine use of jury trials in a wide variety of non-criminal cases. Other common law legal jurisdictions use jury trials only in a very select class of cases that make up a tiny share of the overall civil docket (like malicious prosecution and false imprisonment suits in England and Wales), but true civil jury trials are almost entirely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Seventh Amendment To The United States Constitution
The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. An early version of the Seventh Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments, in response to Anti-Federalist objections to the new Constitution. Congress proposed a revised version of the Seventh Amendment to the states on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. While the Seventh Amendment's provision for jury trials in civil cases has never been incorporated (applied to the states), almost every state has a provision for jury trials in civil cases in its constitution. The prohibition of overturning a jury's finding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunctive Relief
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foundation For Thought And Ethics
The Foundation for Thought and Ethics (FTE) was a Christian non-profit organization based in Richardson, Texas, which represented itself as a “ Christian think tank”. It published textbooks and articles promoting pseudoscientific creation science and intelligent design, abstinence, and Christian nationalism. In addition, the foundation's officers and editors became some of the leading proponents of intelligent design. The FTE developed close associations with the Discovery Institute, hub of the intelligent design movement and other religious Christian groups. The FTE operated from 1981 to 2016. Foundation for Thought and Ethics Books is now listed as an imprint of Discovery Institute Press. From the outset its aim was to develop a "scientific critique" of evolution, which was published as '' The Mystery of Life's Origin'' in 1984, to be followed by "a two-model high school biology textbook". The FTE is best known for publishing the textbook ''Of Pandas and People'' in 1989 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas More Law Center
The Thomas More Law Center is a Christian, conservative, nonprofit, public interest law firm based in Ann Arbor, Michigan, and active throughout the United States. According to its website, its goals are to "preserve America's Judeo-Christian heritage, defend the religious freedom of Christians, restore time-honored moral and family values, protect the sanctity of human life, and promote a strong national defense and a free and sovereign United States of America." The Thomas More Law Center is active in social issues such as opposing same-sex marriage, abortion, and provisions of the Patient Protection and Affordable Care Act and the HHS Mandate. The Law Center has been involved, often unsuccessfully, in high-profile cases including the litigation of the Dover, Pennsylvania intelligent design case, the defense of Lt. Col. Jeffrey Chessani against misconduct allegations stemming from the November 2005 Haditha incident, and the Law Center's federal lawsuit against the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pepper Hamilton LLP
Troutman Pepper Hamilton Sanders LLP, known as Troutman Pepper, is an American law firm with more than 1,200 attorneys located in 23 U.S. cities. In terms of revenue it placed 47th on The American Lawyer's 2022 AmLaw 100 rankings of U.S. law firms, with $1,029,503,000 in gross revenue in 2021. Background On July 1, 2020, Troutman Sanders merged with Pepper Hamilton to become Troutman Pepper. Stephen E. Lewis of Troutman Sanders was the firm's managing partner and became chair of Troutman Pepper after the merger. Troutman Sanders Troutman Sanders was founded in 1897 in Atlanta as the law practice of Walter T. Colquitt. Colquitt was well known in Atlanta near the end of the 19th century for his representation of the Georgia Railway and Electric Company, which would later become the Georgia Power Company. In 1930, Colquitt formed a partnership with two brothers, Henry and Robert Troutman, both lawyers with clients such as Gulf Refining Company, the Georgia Real Estate Commiss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Americans United For Separation Of Church And State
Americans United for Separation of Church and State (Americans United or AU for short) is a 501(c)(3) nonprofit organization that advocates for the disassociation of religion and religious organizations from government. The separation of church and state in the United States is often accepted to be provided in the Establishment Clause of the First Amendment to the United States Constitution, which states "Congress shall make no law respecting an establishment of religion..." AU has been labeled "liberal" by the Associated Press (AP). Organization Americans United describes itself as officially non-sectarian and non-partisan. According to ''The Praeger Handbook of Religion and Education in the United States'' "It includes members from a broad religious, and non-religious, spectrum, including Christians, Jews, Muslims, Buddhists, Hindus, and atheists." Its national headquarters are in Washington, D.C. Its former executive director, Barry W. Lynn, is an ordained minister in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
