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File Its Certiorari Petition Until August 2020,1 and Therefore This Court Likely Would Not Determine Whether to Grant Or Deny That Petition Until at Least
No. 19A1035 IN THE Supreme Court of the United States _______________ UNITED STATES DEPARTMENT OF JUSTICE, Applicant, v. COMMITTEE ON THE JUDICIARY OF THE UNITED STATES HOUSE OF REPRESENTATIVES _______________ On Application for Stay of the Mandate of the United States Court of Appeals for the District of Columbia Circuit _______________ OPPOSITION TO APPLICATION FOR A STAY OF MANDATE _______________ Annie L. Owens Douglas N. Letter Joshua A. Geltzer Counsel of Record Mary B. McCord Todd B. Tatelman Daniel B. Rice Megan Barbero INSTITUTE FOR CONSTITUTIONAL Josephine Morse ADVOCACY AND PROTECTION Adam A. Grogg Georgetown University Law Center Jonathan B. Schwartz 600 New Jersey Avenue N.W. OFFICE OF GENERAL COUNSEL Washington, D.C. 20001 U.S. HOUSE OF REPRESENTATIVES (202) 662-9042 219 Cannon House Building [email protected] Washington, D.C. 20515 (202) 225-9700 [email protected] Counsel for Committee on the Judiciary of the United States House of Representatives TABLE OF CONTENTS STATEMENT ................................................................................................................. 3 ARGUMENT .................................................................................................................. 9 I. This Court Should Deny A Stay Of The Mandate Pending Certiorari ............. 9 A. DOJ Cannot Show A Reasonable Probability That This Court Will Grant Certiorari ..................................................................................... 10 B. DOJ Cannot Establish A Fair Prospect That -
The Threats of Partisanship to Minnesota's Judicial Elections George W
William Mitchell Law Review Volume 34 | Issue 2 Article 9 2008 The Threats of Partisanship to Minnesota's Judicial Elections George W. Soule Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Soule, George W. (2008) "The Threats of Partisanship to Minnesota's Judicial Elections," William Mitchell Law Review: Vol. 34: Iss. 2, Article 9. Available at: http://open.mitchellhamline.edu/wmlr/vol34/iss2/9 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Soule: The Threats of Partisanship to Minnesota's Judicial Elections 8. SOULE - ADC.DOC 2/3/2008 3:54:10 PM THE THREATS OF PARTISANSHIP TO MINNESOTA’S JUDICIAL ELECTIONS George W. Soule† I. INTRODUCTION......................................................................702 II. THE FOUNDATION OF MINNESOTA’S JUDICIAL SELECTION SYSTEM ...................................................................................702 III. THE MODERN JUDICIAL SELECTION SYSTEM..........................704 A. Growth of the Minnesota Judiciary ..................................... 704 B. Minnesota Commission on Judicial Selection ...................... 705 C. Judicial Elections............................................................... 707 D. The Model of Non-Partisanship -
Constitutional Courts Versus Supreme Courts
SYMPOSIUM Constitutional courts versus supreme courts Lech Garlicki* Downloaded from https://academic.oup.com/icon/article/5/1/44/722508 by guest on 30 September 2021 Constitutional courts exist in most of the civil law countries of Westem Europe, and in almost all the new democracies in Eastem Europe; even France has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction. While their emergence may be regarded as one of the most successful improvements on traditional European concepts of democracy and the rule of law, it has inevitably given rise to questions about the distribution of power at the supreme judicial level. As constitutional law has come to permeate the entire structure of the legal system, it has become impossible to maintain a fi rm delimitation between the functions of the constitutional court and those of ordinary courts. This article looks at various confl icts arising between the higher courts of Germany, Italy, Poland, and France, and concludes that, in both positive and negative lawmaking, certain tensions are bound to exist as a necessary component of centralized judicial review. 1 . The Kelsenian model: Parallel supreme jurisdictions 1.1 The model The centralized Kelsenian system of judicial review is built on two basic assu- mptions. It concentrates the power of constitutional review within a single judicial body, typically called a constitutional court, and it situates that court outside the traditional structure of the judicial branch. While this system emerged more than a century after the United States’ system of diffused review, it has developed — particularly in Europe — into a widely accepted version of constitutional protection and control. -
Donald Dicklich St
County Auditor-Treasurer - 100 North 5th Avenue West, Room 214 - Duluth, MN 55802-1293 Phone: (218) 726-2380 Phone – Virginia: (218) 749-7104 Fax: (218) 725-5060 Donald Dicklich St. Louis County Auditor-Treasurer NOTICE OF 2018 STATE GENERAL ELECTION ST. LOUIS COUNTY, MINNESOTA Date: October 3, 2018 To: All Interested Parties From: Phil Chapman, Clerk of County Board Notice is hereby given to the voters of St. Louis County, Minnesota, that a State General election will be held on Tuesday, November 6, 2018, in all election precincts within all cities, towns and unorganized areas of St. Louis County. Polling place hours will be from 7:00 a.m. to 8:00 p.m., with the exception of townships having a population of less than five hundred residents that have adopted a resolution establishing a later poll opening, but in all cases no later than 10:00 a.m. (M.S. 204C.05). The following Federal, State, County, and Judicial offices will appear on the ballot: FEDERAL OFFICES United States Senator (term expiring January 3, 2025) United States Senator (term expiring January 3, 2021) United States Representative, District 8 STATE OFFICES State Representative Districts 3A, 3B, 6A, 6B, 7A, 7B, 11A (offices will appear on ballots only in their respective districts). Governor and Lieutenant Governor Secretary of State State Auditor Attorney General An Equal Opportunity Employer COUNTY OFFICES County Commissioner Districts 1, 4, and 6 (offices will appear on ballots only in their respective districts). County Auditor-Treasurer County Sheriff County Attorney North Soil and Water Conservation District Supervisors for Districts 1 and 3 (offices will appear on ballots only in their respective districts). -
State General Election Ballot Carver County, Minnesota November 6
SAMPLE BALLOT 11 Official Ballot State General Election Ballot Carver County, Minnesota Judge _____ November 6, 2018 Judge _____ Instructions to Voters: 21 To vote, completely fill in the oval(s) next to your choice(s) like this ( ) Federal Offices State Offices City Offices State Auditor U.S. Senator Vote for One Mayor For term expiring January 3, 2025 City of Cologne Vote for One Pam Myhra Vote for One Republican Jim Newberger January 3, 2025 Julie Blaha Republican Democratic-Farmer-Labor Matt Lein Amy Klobuchar January 3, 2025 Michael Ford Democratic-Farmer-Labor Legal Marijuana Now Dennis Schuller January 3, 2025 Chris Dock Legal Marijuana Now Libertarian Party Paula M Overby January 3, 2025 Minnesota Green Party write-in, if any Council Member at Large 40 City of Cologne write-in, if any Four Year Term 41 Attorney General Vote for Up to Two write-in, if any Vote for One 42 Doug Wardlow U.S. Senator Republican Jeri Bowers Special Election for term expiring Keith Ellison Carol Szaroletta January 3, 2021 Democratic-Farmer-Labor Vote for One Noah M. Johnson Grassroots - Legalize Cannabis Nathan Kells Karin Housley January 3, 2021 Republican Kyle Evenski Tina Smith January 3, 2021 Democratic-Farmer-Labor January 3, 2021 47 Sarah Wellington Legal Marijuana Now write-in, if any Jerry Trooien January 3, 2021 Unaffiliated County Offices write-in, if any County Sheriff Vote for One Jason Kamerud write-in, if any Jessica Heger write-in, if any U.S. Representative District 6 Vote for One Special Election for Council Member 54 Tom Emmer at Large -
The Common Law Jurisdiction of the United States Courts
YALE LAW JOURNAL VOL. XVII NOVEMBER, 1907 No. i THE COMMON LAW JURISDICTION OF THE UNITED STATES COURTS To me it seems clear, beyond question, that neither in the Constitution, nor in the statutes enacted by Congress, nor in the judgments of the Supreme Court of the United States can there be found any substantial support for the proposition that, since the adoption of the Constitution, the principles of the Common Law have been wholly abrogated touching such matters as are by that instrument placed within the exclusive control of the National Goverment. (Judge Shiras in Murray v. Chicago & N. W. Rly. Co., 62 Fed. 24.) To whatever has required for its upbuilding the prolonged activity of countless men, in one generation after another, whether expressed in unconfined exertion of physical labor which produces for our astonishment a pyramid, a cathedral, or in endless mental effort which evolves for our wonder a science, an art, a system of law, men have always paid respect. As conferred upon a system of law, that respect has always, in English-speaking countries, been acorded to the Common Law. Law exists for justice, and Webster said: "The Common Law is a fcuntain of justice, perennial and per- petual." Rightly did he as a representative American pay this tribute, for to the founders ot this government there never had been another system of law. They were, in large measure, descendants of those Englishmen who, centuries back, had ceaselessly petitioned for YALE LAW JOURNAL recognition of their rights of person and property; had finally obtained them, and from that foundation had ever thereafter through their courts received justice as their due. -
WHICH COURT IS BINDING?1 Binding Vs
WHICH COURT IS BINDING?1 Binding vs. Persuasive Cases © 2017 The Writing Center at GULC. All rights reserved. You have found the perfect case: the facts are similar to yours and the law is on point. But does the court before which you are practicing (or, in law school, the jurisdiction to which you have been assigned) have to follow the case? Stare decisis is the common law principle that requires courts to follow precedents set by other courts. Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to figure out which decisions bind a given court. This handout is designed to help you determine which decisions are mandatory and which are persuasive on the court before which you are practicing. Binding versus Persuasive Authority: What’s the Difference? • Binding authority, also referred to as mandatory authority, refers to cases, statutes, or regulations that a court must follow because they bind the court. • Persuasive authority refers to cases, statutes, or regulations that the court may follow but does not have to follow. To get started, ask yourself two questions: 1) Are the legal issues in your case governed by state or federal law? and 2) Which court are you in? Once you know the answers to these questions, you are well on your way to determining whether a decision is mandatory or persuasive. Step 1: Are the Legal Issues in Your Case Governed by Federal or State Law? First, a lawyer needs to know the facts and issues of the case. -
The Minnesota Judicial Selection Process: Rejecting Judicial Elec
William Mitchell Law Review Volume 19 | Issue 3 Article 9 1993 The innesotM a Judicial Selection Process: Rejecting Judicial Elections in Favor of a Merit Plan Laura Benson Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Benson, Laura (1993) "The inneM sota Judicial Selection Process: Rejecting Judicial Elections in Favor of a Merit Plan," William Mitchell Law Review: Vol. 19: Iss. 3, Article 9. Available at: http://open.mitchellhamline.edu/wmlr/vol19/iss3/9 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Benson: The Minnesota Judicial Selection Process: Rejecting Judicial Elec THE MINNESOTA JUDICIAL SELECTION PROCESS: REJECTING JUDICIAL ELECTIONS IN FAVOR OF A MERIT PLAN LAURA BENSON I. INTRODUCTION ............................................ 765 II. BACKGROUND .......................................... .766 A. Federal Selection ofJudges ............................. 766 B. State Selection ofJudges ............................... 767 C. Minnesota's Judicial Electoral Process ................... 768 1. Gustafson v. Holm ............................. 770 2. Peterson v. Stafford ............................. 771 III. A NALYSIS .............................................. 774 A. Current -
Application for the Position Member
Application for the position Member Part I: Position Sought Agency Name: Campaign Finance and Public Disclosure Board Position: Member Part II: Applicant Information Name: George William Soule Phone: (612) 251-5518 County: Hennepin Mn House District: 61B US House District: 5 Recommended by the Appointing Authority: True Part III: Appending Documentation Cover Letter and Resume Type File Type Cover Letter application/pdf Resume application/pdf Additional Documents (.doc, .docx, .pdf, .txt) Type File Name No additional documents found. Veteran: No Answer Part V: Signature Signature: George W. Soule Date: 2/15/2021 2:08:59 PM Page 1 of 1 February 2021 GEORGE W. SOULE Office Address: Home Address: Soule & Stull LLC 4241 E. Lake Harriet Pkwy. Eight West 43rd Street, Suite 200 Minneapolis, Minnesota 55409 Minneapolis, Minnesota 55409 Work: (612) 353-6491 Cell: (612) 251-5518 E-mail: [email protected] LEGAL EXPERIENCE SOULE & STULL LLC, Minneapolis, Minnesota Founding Partner, Civil Trial Lawyer, 2014- BOWMAN AND BROOKE LLP, Minneapolis, Minnesota Founding Partner, Civil Trial Lawyer, 1985-2014 Managing Partner (Minneapolis office), 1996-1998, 2002-2004, 2007-10 TRIBAL COURT JUDGE White Earth Court of Appeals, 2012 - Prairie Island Indian Community Court of Appeals, 2016 - Fond du Lac Band Court of Appeals, 2017- Lower Sioux Indian Community, 2017 - GRAY, PLANT, MOOTY, MOOTY & BENNETT, Minneapolis, Minnesota Associate, Litigation Department, 1979-1985 Admitted to practice before Minnesota courts, 1979, Wisconsin courts, 1985, United States -
Assessing the Changing Nature of Authority in the Web Age: the Citation Practices of Minnesota Supreme Court
Assessing the Changing Nature of Authority in the Web Age: The Citation Practices of Minnesota Supreme Court Rebecca Sherman Submitted to Professor Penny A. Hazelton to fulfill course requirements for Current Issues in Law Librarianship, LIS 595, and to fulfill the graduation requirement of the Culminating Experience Project for MLIS University of Washington Information School Seattle, Washington May 13, 2013 I. INTRODUCTION It has been twenty years since researches gave up the right to patent the World Wide Web and made the source code publicly available.1 Since entering the public domain, the web has revolutionized the way people get information. Although electronic databases such as Westlaw and Lexis have been around since the 70s, they have been transformed to keep pace with developments on the web. Google searching has become so popular that electronic databases are now being redesigned to emulate Google.2 Consider the Google-like search boxes in WestlawNext and Lexis Advance. As a result of the web and increasingly sophisticated databases, attorneys today no longer need to sift through heaps of books at the library. They have virtual access to information anytime and anywhere. Law is a profession that is highly dependent on information. The medium through which information is conveyed undoubtedly has effects on the way the law is understood. Where legal information once existed in a self-contained domain, today it can be found online amidst a universe of information.3 This change of access has raised some concerns. Professor Ellie -
Supreme Court/Docketpdf/19/19
No. 19-292 IN THE Supreme Court of the United States ___________ ROXANNE TORRES, Petitioner, v. JANICE MADRID, ET AL., Respondents. ___________ On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit ___________ BRIEF OF CONSTITUTIONAL ACCOUNTABILITY CENTER AS AMICUS CURIAE IN SUPPORT OF PETITIONER ___________ ELIZABETH B. WYDRA BRIANNE J. GOROD* DAVID H. GANS BRIAN R. FRAZELLE CLARE E. RIVA** CONSTITUTIONAL ACCOUNTABILITY CENTER 1200 18th Street NW Suite 501 Washington, D.C. 20036 (202) 296-6889 [email protected] Counsel for Amicus Curiae February 6, 2020 * Counsel of Record ** Not admitted in D.C.; supervised by principals of the firm TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................. ii INTEREST OF AMICUS CURIAE ...................... 1 INTRODUCTION AND SUMMARY OF ARGUMENT ................................................ 1 ARGUMENT ......................................................... 5 I. The Common Law’s Expansive Definition of “Arrest” Should Inform the Meaning of “Seizure” Under the Fourth Amendment ... 5 II. In Founding-Era Common Law, An Arrest Included Any Use of Physical Force to Subdue or Detain, Whether or Not the Subject Was Ultimately Captured .............. 15 III. Applying the Common Law Rule Will Also Vindicate the Framers’ Understanding that Civil Damages Actions Would Be a Key Deterrent Against Unreasonable Intrusions on Persons and Property .......... 21 CONCLUSION ..................................................... 25 (i) ii TABLE OF AUTHORITIES Page(s) Cases Barrett v. Copeland, 18 Vt. 67 (1844) ...................................... 23 Boyd v. United States, 116 U.S. 616 (1886) ................................ 8, 22 Burlingham v. Wylee, 2 Root 152 (Conn. Super. Ct. 1794) ....... 23 California v. Hodari D., 499 U.S. 621 (1991) ................................ passim Carpenter v. United States, 138 S. Ct. -
The Minimalist Architecture of the Minnesota Supreme Court1
William Mitchell Law Review Volume 37 | Issue 2 Article 10 2011 Rocks rather than Cathedrals: The inimM alist Architecture of the Minnesota Supreme Court Carol Weissenborn Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Weissenborn, Carol (2011) "Rocks rather than Cathedrals: The inimM alist Architecture of the Minnesota Supreme Court," William Mitchell Law Review: Vol. 37: Iss. 2, Article 10. Available at: http://open.mitchellhamline.edu/wmlr/vol37/iss2/10 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Weissenborn: Rocks rather than Cathedrals: The Minimalist Architecture of the ROCKS RATHER THAN CATHEDRALS: THE MINIMALIST ARCHITECTURE OF THE MINNESOTA SUPREME COURT1 Carol Weissenborn† I. INTRODUCTION ...................................................................... 883 II. BACKGROUND ........................................................................ 884 A. A Voting Bloc .................................................................... 884 B. A Distinct Philosophy ........................................................ 886 III. STATE V. PECK: WORDS AS ROCKS ........................................... 891 IV. BRAYTON V. PAWLENTY: REORDERING THE ROCKS .................. 896