Judicial Activism”
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Books, Documents, Speeches & Films to Read Or
Books, Documents, Speeches & Films to Read or See Roger Ream, Fund for American Studies Email: [email protected], Website: www.tfas.org Video: http://www.youtube.com/watch?v=0FB0EhPM_M4 American documents & speeches: Declaration of Independence The Constitution Federalist Papers The Anti-Federalist Washington’s Farewell Address Jefferson 2nd Inaugural Address Gettysburg Address Give Me Liberty or Give Me Death speech of Patrick Henry Ronald Reagan’s Time for Choosing speech (1964) Barry Goldwater’s Acceptance Speech to the 1964 Republican Convention First Principles The Law, Frederic Bastiat A Conflict of Visions, Thomas Sowell Libertarianism: A Reader, David Boaz Libertarianism: A Primer, David Boaz Liberty & Tyranny, Mark Levin Anarchy, State and Utopia, Robert Nozick The Constitution of Liberty, F.A. Hayek Conscience of a Conservative, Barry Goldwater What It Means to Be a Libertarian, Charles Murray Capitalism and Freedom, Milton Friedman Free Market Economics Economics in One Lesson, Henry Hazlitt Eat the Rich, P.J. O’Rourke Common Sense Economics: What Everyone Should Know about Wealth & Prosperity: James Gwartney, Richard Stroup and Dwight Lee Free to Choose, Milton Friedman Inquiry into the Nature and Causes of the Wealth of Nations, Adam Smith Capitalism, Socialism & Democracy, Joseph Schumpeter Basic Economics: A Citizen’s Guide to the Economy, Thomas Sowell Human Action, Ludwig von Mises Principles of Economics, Carl Menger Myths of Rich and Poor, W. Michael Cox and Richard Alm The Economic Way of Thinking, 10th edition, Paul Heyne, Peter J. Boettke, David L. Prychitko Give Me a Break: How I Exposed Hucksters, Cheats and Scam Artists and Became the Scourge of the Liberal Media…, John Stossel Other books of importance: The Road to Serfdom, F.A. -
50 State Survey(Longdoc)
AGREEMENTS TO INDEMNIFY & GENERAL LIABILITY INSURANCE: A Fifty State Survey WEINBERG WHEELER H U D G I N S G U N N & D I A L TABLE OF CONTENTS Introduction 1 Alabama 4 Alaska 7 Arizona 12 Arkansas 15 California 19 Damages arising out of bodily injury or death to persons. 22 Damage to property. 22 Any other damage or expense arising under either (a) or (b). 22 Colorado 23 Connecticut 26 Delaware 29 Florida 32 Georgia 36 Hawaii 42 Idaho 45 Illinois 47 Indiana 52 Iowa 59 Kansas 65 Kentucky 68 Louisiana 69 Maine 72 Maryland 77 Massachusetts 81 Michigan 89 Minnesota 91 Mississippi 94 Missouri 97 Montana 100 Nebraska 104 Nevada 107 New Hampshire 109 New Jersey 111 New Mexico 115 New York 118 North Carolina 122 North Dakota 124 Ohio 126 Oklahoma 130 Oregon 132 Pennsylvania 139 Rhode Island 143 South Carolina 146 South Dakota 150 Tennessee 153 Texas 157 Utah 161 Vermont 165 Virginia 168 Washington 171 West Virginia 175 Wisconsin 177 Wyoming 180 INTRODUCTION Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – common law and contractual. While this survey is limited to contractual indemnity, it is important to note that many states have looked to the law relating to common law indemnity in developing that state’s jurisprudence respecting contractual indemnity. Common law indemnity is the shifting of responsibility for damage or injury from one tortfeasor to another -
Yale Law & Policy Review Inter Alia
Essay - Keith Whittington - 09 - Final - 2010.06.29 6/29/2010 4:09:42 PM YALE LAW & POLICY REVIEW INTER ALIA The State of the Union Is a Presidential Pep Rally Keith E. Whittington* Introduction Some people were not very happy with President Barack Obama’s criticism of the U.S. Supreme Court in his 2010 State of the Union Address. Famously, Justice Samuel Alito was among those who took exception to the substance of the President’s remarks.1 The disagreements over the substantive merits of the Citizens United case,2 campaign finance, and whether that particular Supreme Court decision would indeed “open the floodgates for special interests— including foreign corporations—to spend without limits in our elections” are, of course, interesting and important.3 But the mere fact that President Obama chose to criticize the Court, and did so in the State of the Union address, seemed remarkable to some. Chief Justice John Roberts questioned whether the “setting, the circumstances and the decorum” of the State of the Union address made it an appropriate venue for criticizing the work of the Court.4 He was not alone.5 Criticisms of the form of President Obama’s remarks have tended to focus on the idea that presidential condemnations of the Court were “demean[ing]” or “insult[ing]” to the institution or the Justices or particularly inappropriate to * William Nelson Cromwell Professor of Politics, Princeton University. I thank Doug Edlin, Bruce Peabody, and John Woolley for their help on this Essay. 1. Justice Alito, who was sitting in the audience in the chamber of the House of Representatives, was caught by television cameras mouthing “not true” in reaction to President Obama’s characterization of the Citizens United decision. -
AP Government: Due Process & Roe V. Wade
Social Studies Virtual Learning AP Government: Due Process & Roe v. Wade April 13, 2020 AP Government Lesson: April 13, 2020 Objective: LOR 3.B Explain the extent which states are limited by the due process clause from infringing upon individual rights. Warm Up: Write down your answer the following question. There are no right or wrongs here, but this is the focus of the lesson today! What is the right to privacy? What are 3 aspects of everyday life that it includes? Lesson: Roe v. Wade As this is a required case for the test, there are some ideas that are important to remember. Please write these down in your own words so you know what they are. Term Definition Due process The 14th Amendment clause guaranteeing that no state clause shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted the due process clause to provide for “selective incorporation” of amendments into the states, meaning that neither the states nor the federal government may abridge individual rights protected by the Constitution. Term Definition “Penumbra Derived from the Latin for “partial shadow.” The Supreme of privacy” Court has ruled that several amendments in the Bill of Rights cast a “penumbra” of the right to privacy, although the right to privacy itself is never explicitly named. For example, the Court has interpreted that the 4th Amendment right of the people to be secure in their houses from unreasonable searches and seizures implies a right to privacy in the home. Right to The right to be “left alone,” or to be free of government privacy scrutiny into one’s private beliefs and behavior. -
Originalism and Constitutional Construction
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Originalism and Constitutional Construction Lawrence B. Solum Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1301 http://ssrn.com/abstract=2307178 82 Fordham L. Rev. 453-537 (2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Legal History Commons, and the Legal Theory Commons ORIGINALISM AND CONSTITUTIONAL CONSTRUCTION Lawrence B. Solum* Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities. This Article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: because construction is the determination of legal effect, construction always occurs when the constitutional text is applied to a particular legal case or official decision. Although some constitutional theorists may prefer to use different terminology to mark the distinction between interpretation and construction, every constitutional theorist should embrace the distinction itself, and hence should agree that construction in the stipulated sense is ubiquitous. -
Reviewing Randy Barnett, Restoring the Lost Constitution: the Presumption of Liberty (2004
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2007 Restoring the Right Constitution? (reviewing Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2004)) Eduardo Peñalver Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Eduardo Peñalver, "Restoring the Right Constitution? (reviewing Randy Barnett, Restoring the Lost Constitution: The Presumption of Liberty (2004))," 116 Yale Law Journal 732 (2007). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. EDUARDO M. PENALVER Restoring the Right Constitution? Restoringthe Lost Constitution: The Presumption of Liberty BY RANDY E. BARNETT NEW JERSEY: PRINCETON UNIVERSITY PRESS, 2004. PP. 384. $49.95 A U T H 0 R. Associate Professor, Cornell Law School. Thanks to Greg Alexander, Rick Garnett, Abner Greene, Sonia Katyal, Trevor Morrison, and Steve Shiffrin for helpful comments and suggestions. 732 Imaged with the Permission of Yale Law Journal REVIEW CONTENTS INTRODUCTION 734 I. NATURAL LAW OR NATURAL RIGHTS? TWO TRADITIONS 737 II. BARNETT'S NONORIGINALIST ORIGINALISM 749 A. Barnett's Argument 749 B. Writtenness and Constraint 752 C. Constraint and Lock-In 756 1. Constraint 757 2. Lock-In 758 D. The Nature of Natural Rights 761 III. REVIVING A PROGRESSIVE NATURALISM? 763 CONCLUSION 766 733 Imaged with the Permission of Yale Law Journal THE YALE LAW JOURNAL 116:73 2 2007 INTRODUCTION The past few decades have witnessed a dramatic renewal of interest in the natural law tradition within philosophical circles after years of relative neglect.' This natural law renaissance, however, has yet to bear much fruit within American constitutional discourse, especially among commentators on the left. -
Arizona Courts
If you have issues viewing or accessing this file, please contact us at NCJRS.gov. THE FUTURE OF '-. ARIZONA COURTS Report of ,..................................................... : .... THE COMMISSION ON THE COURTS : .... ; '. · \ REPORT OF THE COMMISSION ON THE COURTS 1989 120983 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or pOlicies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by A r j z on a Snp..r.e.rne-c.uur.:./-'-___ to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis sion of the copyright owner. Arizona Supreme Court COMMISSION ON THE COURTS 1314 North 3rd Street, Suite 330, Phoenix, Arizona 85004, (602) 255-2136 The Honorable Frank: X. Gordon, Jr. Chief Justice Arizona Supreme Court 201 West Wing, State Capitol Phoenix,Arizona85007 Dear Chief Justice Gordon: I am privileged to present to you the report of the Arizona Supreme Court's Commission on the Courts. This report reflects the action-oriented vision shared by the Executive Committee and the various Task Forces for shaping the direction of Arizona's courts into the next decade and beyond. We believe the evaluations and suggestions of the report reflect the need for a balance between continuity and adaptability in the judiciary; between the need for stability and a realistic appraisal of the changes necessary as we face a new century. -
Windsor: Lochnerizing on Marriage?
Case Western Reserve Law Review Volume 64 Issue 3 Article 10 2014 Windsor: Lochnerizing on Marriage? Sherif Girgis Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Sherif Girgis, Windsor: Lochnerizing on Marriage?, 64 Case W. Rsrv. L. Rev. 971 (2014) Available at: https://scholarlycommons.law.case.edu/caselrev/vol64/iss3/10 This Symposium is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Law Review·Volume 64·Issue 3·2014 Windsor: Lochnerizing on Marriage? Sherif Girgis† Abstract This Article defends three insights from Justice Alito’s Windsor dissent. First, federalism alone could not justify judicially gutting DOMA. As I show, the best contrary argument just equivocates. Second, the usual equal protection analysis is inapt for such a case. I will show that DOMA was unlike the policies struck down in canonical sex-discrimination cases, interracial marriage bans, and other policies that involve suspect classifications. Its basic criterion was a couple’s sexual composition. And this feature—unlike an individual’s sex or a couple’s racial composition—is linked to a social goal, where neither link nor goal is just invented or invidious. Third, and relatedly, to strike down DOMA on equal protection grounds, the Court had to assume the truth of a “consent-based” view of the nature of marriage and the social value of recognizing it, or the falsity of a “conjugal” view of the same value and policy judgments. -
Legal Naturalism Is a Disjunctivism Roderick T. Long Legal Positivists
Legal Naturalism Is a Disjunctivism Roderick T. Long Auburn University aaeblog.com | [email protected] Abstract: Legal naturalism is the doctrine that a rule’s status as law depends on its moral content; or, in its strongest form, that “an unjust law is not a law.” By drawing an analogy between legal naturalism and perceptual disjunctivism, I argue that this doctrine is more defensible than is generally thought, and in particular that it entails no conflict with ordinary usage. Legal positivists hold that a rule’s status as law never depends on its moral content. In Austin’s famous formulation: “The existence of law is one thing; its merit or demerit is another. Whether a law be is one enquiry; whether it ought to be, or whether it agree with a given or assumed test, is another and different inquiry.”1 There seems to be no generally accepted term for the opposed view, that a rule’s status as law does (sometimes or always) depend on its moral content. Legal moralism would be the natural choice, but that name is already taken to mean the view that the law should impose social standards of morality on private conduct. Legal normativisim, another natural choice, is, somewhat perversely, already in use to denote a species of legal positivism.2 The position in question is sometimes referred to as “the natural law view,” but this is not really accurate; although the view has been held by many natural law theorists, it has not been held by all of them, and is not strictly implied by the natural law position. -
SUPREME COURT of ARIZONA En Banc ) Arizona Supreme Court ) No
SUPREME COURT OF ARIZONA En Banc ) Arizona Supreme Court ) No. WC-11-0001-IR IN RE GENERAL ADJUDICATION ) OF ALL RIGHTS TO USE WATER IN ) Maricopa County Superior THE GILA RIVER SYSTEM AND SOURCE ) Court Case Nos.: W-1, W-2, ) W-3 and W-4 ) (Consolidated) (Gila) IN RE GENERAL ADJUDICATION ) [Contested Case OF ALL RIGHTS TO USE WATER IN ) No. W1-104] THE LITTLE COLORADO RIVER SYSTEM ) AND SOURCE ) Apache County Superior ) Court Case No. 6417 (LCR) ) [Contested Case ) No. 6417-100] ) ) ) O P I N I O N __________________________________) Review from the Superior Court in Apache County and Maricopa County The Honorable Eddward P. Ballinger, Jr., Judge AFFIRMED ________________________________________________________________ THOMAS C. HORNE, ARIZONA ATTORNEY GENERAL Phoenix By Thomas C. Horne, Attorney General Theresa M. Craig, Assistant Attorney General Attorneys for the State of Arizona THE SPARKS LAW FIRM PC Scottsdale By Joe P. Sparks Laurel A. Herrmann Attorneys for the San Carlos Apache Tribe and Tonto Apache Tribe SALMON LEWIS & WELDON PLC Phoenix By M. Byron Lewis John B. Weldon, Jr. Mark A. McGinnis Attorneys for Salt River Project Agricultural Improvement and Power District and Salt River Valley Water Users’ Association SALMON LEWIS & WELDON PLC Phoenix By Paul R. Orme Attorney for Central Arizona Irrigation and Drainage District and Maricopa-Stanfield Irrigation & Drainage District SNELL & WILMER LLP Phoenix By L. William Staudenmaier, III Andrew M. Jacobs Attorneys for Arizona Public Service Company, Freeport- McMoran Corporation, Roosevelt Water Conservation District POLSINELLI SHUGHART PC Phoenix By Lucas J. Narducci Margaret LaBianca Attorneys for BHP Copper Inc. ENGELMAN BERGER PC Phoenix By William H. -
Intellectual Property's Leviathan
KAPCZYNSKI_BOOKPROOF (DO NOT DELETE) 12/3/2014 2:10 PM INTELLECTUAL PROPERTY’S LEVIATHAN AMY KAPCZYNSKI* Neoliberalism is a complex, multifaceted concept. As such, it offers many possible points of entry into my primary field of study, that of intellectual property (IP) law. We might begin by investigating tensions between IP law and a purely economic conception of neoliberalism, for example.1 Or we might consider whether or how IP law might be “insulated from democratic governance” while also being rapidly assembled.2 In these few pages, I want to focus instead on a different line of inquiry, one that reveals the powerful grip that one particular neoliberal conception has on our contemporary imaginary: the neoliberal conception of the state. Today, both those who defend robust private IP law and their most prominent critics, I will show, typically describe Copyright © 2014 by Amy Kapczynski. This article is also available at http://lcp.law.duke.edu/. * Associate Professor of Law, Yale Law School. Many thanks to Talha Syed, David Grewal, and Jed Purdy for helpful conversation and comments. This paper is licensed under a Creative Commons Attribution-Non-Commercial 4.0 International license and should be reproduced as “first published in 77 LAW & CONTEMP. PROBS 131 (Fall 2014).” 1. Neoliberalism is commonly understood in economic terms. See, e.g., David Singh Grewal & Jedediah Purdy, Introduction: Law and Neoliberalism, 77 LAW & CONTEMP. PROBS., no. 4, 2014 at 1. David Harvey has argued, however, that neoliberalism as “a political project to re-establish the conditions for capital accumulation and to restore the power of economic elites” tends to prevail over the “economic utopian” conception of neoliberalism. -
A Tale of Two Textualists: a Critical Comparison of Justices Black and Scalia Michael J
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 1994 A Tale of Two Textualists: A Critical Comparison of Justices Black and Scalia Michael J. Gerhardt Repository Citation Gerhardt, Michael J., "A Tale of Two Textualists: A Critical Comparison of Justices Black and Scalia" (1994). Faculty Publications. 990. https://scholarship.law.wm.edu/facpubs/990 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs ARTICLES A TALE OF TWO TEXTUALISTS: A CRITICAL COMPARISON OF JUSTICES BLACK AND SCALIA MICHAEL J. GERHARDT* The idea that Justices Hugo Black and Antonin Scalia have anything in common jurisprudentially is counterintuitive. Justice Black is associated with the progressive social and economic legislation symbolized by the New Deal and with judicial activism in protecting the poor and disen franchised.1 He is beloved by many liberals as a champion of individual rights, especially freedom of speech and of the press. In contrast, Justice Scalia is revered by conservatives as a true believer-combating the rising tide of liberalism, big government, and judicial activism-set on restoring traditional notions of federalism and judicial restraint.2 Any effort to liken these two Justices makes both liberals and conservatives recoil. * Professor of Law, Marshall-Wythe School of Law, The College of William and Mary. B.A. Yale University; M.Sc. London School of Economics; J.D. University of Chicago. I am grateful for the encouragement and helpful comments on earlier drafts I received from Marc Arkin, Erwin Chemerinsky, George Cochran, Neal Devins, Jill Fisch, Tracy Higgins, Michael Herz, Sandy Levinson, Chip Lupu, Tracey Maclin, John McGinnis, Peter Shane, Bill Treanor, Steve Wermiel, and Ron Wright.