Lawrence v. Texas
Brief

Citation. 539 US 558 (2003) Brief Fact Summary.  Police found two men engaged in sexual conduct, in their home, and they were arrested under a Texas statute that prohibited such conduct between two men.   Synopsis of Rule of Law. While homosexual conduct is not a fundamental right, intimate sexual relationships between consenting adults are protected by the Fourteenth Amendment.   ...

Bowers v. Hardwick
Brief

View this case and other resources at: Citation. 478 U.S. 186, 106 S. Ct. 2841, 92 L. Ed. 2d 140 (1986) Brief Fact Summary. Respondent was convicted under Georgia's anti-sodomy statute for engaging in a sex act with another male. Synopsis of Rule of Law. There is no fundamental constitutional right to engage in homosexual sodomy. ...

Table of Cases
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Table of Cases A; R. v. Aaron; People v. Abbott v. Queen Abdallah; State v. Acosta; People v. Addington v. Texas Adjutant; Commonwealth v. Aiken; People v. Allen v. Ulster County Court Almeida; Commonwealth v. Alsondo; United States v. Alston-Graves; United States v. Alvarez; United States v. Anderson; People v.,447 P.2d 942 (Cal. 1968) Anderson; State v.,79 S.W.3d 420 (Mo. 2002) Anderson; State v.,227 Conn. 518, 631 A.2d 1149 (1993) Apollo Energies; United States v. Apprendi v. New Jersey Arizona v. Clark Arteaga; People v. Arthur Andersen, LLP v. United States Arzon; Pe ...

The Sources and Limitations of the Criminal Law
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CHAPTER 1 The Sources and Limitations of the Criminal Law OVERVIEW Ever since Cain slew Abel (if not since Adam and Eve ate the apple), societies have had to deal with those whose acts seem “wrong.” A conclusion that an act is wrong may be simply innate.[1] Some wrongs, however, seem worse than others. Thus, breaking a promise or tripping someone seems wrong, but homicide, rape, maiming, and so on seem “really” wrong. If a general consensus arises that specific acts are really wrong, there will be laws against such acts. Some acts will be criminally punished, while others will be ha ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Stee ...

EQUAL PROTECTION
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Chapter 10 EQUAL PROTECTION The Equal Protection Clause is part of the Fourteenth Amendment. It provides that "no state shall make or enforce any law which shall ... deny to any person within its jurisdiction equal protection of the laws." Here are the key concepts concerning equal protection:     Classifications: The Clause imposes a general restraint on the governmental use of classifications, not just classifications based on race but also those based on sex, alienage, illegitimacy, wealth, or any other characteristic.     Federal government: The direct text of the Clause ap ...

DUE PROCESS OF LAW
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Chapter 9 DUE PROCESS OF LAW This Chapter examines principally the Due Process Clause of the Fourteenth Amendment, which imposes the obligation of due process on the states. As you read, keep in mind that there is also a Fifth Amendment Due Process Clause, which applies only to the federal government; in general, anything that the Fourteenth Amendment Due Process Clause would require the states to do, the Fifth Amendment Due Process Clause requires the federal government to do. Here are the key concepts in this Chapter:     Due Process Clause generally: The Fourteenth Amendment provi ...

CAPSULE SUMMARY
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Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. [2] 1. Mere-rationality standard: Of the three standards, the easiest one to satisfy is the "mere-rationality" standard. When the court applies this "mere-rationality" s ...

TABLE OF CASES
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Abood v. Detroit Bd. of Ed., 159 Adarand Constructors, Inc. v. Pena, 102, 220, 306 Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc., 162–163, 245, 322 Agostini v. Felton, 171 Alaska Hire case, 75 Alden v. Maine, 185 Alvarez, U.S. v., 151, 240 Ambach v. Norwick, 110, 308 Anderson v. Martin, 99 Ashcroft v. ACLU, 241, 318 Assoc. Press v. Walker, 149   Baker v. Carr, 187 Baldwin v. Montana Fish & Game Comm’n., 345 Ball v. James, 115, 309 Ballard, U.S. v., 175 Barnes v. Glen Theatre, Inc., 319 Bartnicki v. Vopper, 165 ...

EXAM TIPS
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EXAM TIPS Exam Tips on THE SUPREME COURT'S AUTHORITY If the facts describe a lawsuit that takes place in federal court (or a state-court lawsuit that is eventually heard by the U.S. Supreme Court) be alert to limits on the federal judicial power: * State-court decisions: If the facts involve a state-court suit that is heard by the Supreme Court on certiorari, be sure that the state-court decision was based on federal law. +   Independent & adequate state ground: Be alert to the possible existence of an independent and adequate state ground. That is, if the state court decided so ...

ANSWERS TO MULTIPLE-CHOICE QUESTIONS
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ANSWERS TO MULTIPLE-CHOICE QUESTIONS 1.   D   Under the Supremacy Clause an otherwise valid state statute may be superseded by federal legislation to the extent that the two are inconsistent. The contract to kill feral tuskers in the national park was authorized by federal statutes. Since the Property clause gives Congress the power to control federal property, the federal statutes are valid, and so the state law which prohibits their killing is superseded, at least as to killings within the national park. The power to protect the environment is held by both the federal and state gove ...

ANSWERS TO SHORT-ANSWER QUESTIONS
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ANSWERS TO SHORT-ANSWER QUESTIONS 1.  No, because the case does not involve a federal question. The federal judicial power extends, by Article III, Section 2, to cases arising under the U.S. Constitution and federal laws. That power does not extend to cases decided solely on state-law grounds. Here, although the Ames due process clause may have mirrored the language of the U.S. Constitution’s Due Process Clause, the state decision was solely based on the Ames courts’ interpretation of the Ames constitution. Since no federal issue was involved, the Supreme Court has no jurisdiction (whet ...

Judicial Review
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CHAPTER 1 Judicial Review INTRODUCTION AND OVERVIEW In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is an amazingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of ca ...

Table of Cases
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Table of Cases Abbott Laboratories v. Gardner,387 U.S. 136 (1967) Adamson v. California,332 U.S. 46 (1947) Aetna Life Ins. Co. v. Haworth,300 U.S. 227 (1937) Air Courier Conference of America v. American Postal Workers Union,498 U.S. 517 (1991) Alabama v. Pugh,438 U.S. 781 (1978) Alden v. Maine,527 U.S. 706 (1999) Allen v. McCurry,449 U.S. 90 (1980) Allen v. Wright,468 U.S. 737 (1984) Altria Group, Inc. v. Good,555 U.S. 70 (2008) Alvarez v. Smith,130 S. Ct. 576 (2009) Amerada Hess Corporation v. Director, Division of Taxation,490 U.S. 66 (1989) American Insurance Association v. Gar ...

Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications
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CHAPTER 6 Equal Protection: Ordinary, “Suspect,” and “Quasi-Suspect” Classifications §6.1 INTRODUCTION AND OVERVIEW The Constitution prohibits the state and federal governments from denying people the equal protection of the laws. Section 1 of the Fourteenth Amendment provides: “No State shall ... deny to any person within its jurisdiction the equal protection of the laws.” Though nothing in the Constitution's text imposes a similar restriction on the federal government, the Court has construed the Fifth Amendment Due Process Clause as “contain[ing] an equal protection compon ...

Substantive Due Process
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CHAPTER 2 Substantive Due Process §2.1 INTRODUCTION AND OVERVIEW The Origins of the Due Process Clause There are two Due Process Clauses, one in the Fifth Amendment and one in the Fourteenth Amendment. The former operates as a limit on the power of the national government, while the latter operates against the power of the states. Both clauses guarantee within their respective spheres that no person shall be deprived “of life, liberty, or property, without due process of law.” Since both clauses operate in essentially the same fashion, albeit against different governmental bodies, we ...

Table of Cases
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Table of Cases Abington School Dist. v. Schemp, 374 U.S. 203 (1963) Abood v. Detroit Board of Educ., 431 U.S. 209 (1977) Abrams v. Johnson, 521 U.S. 74 (1997) Abrams v. United States, 250 U.S. 616 (1919) Adamson v. California, 332 U.S. 46 (1947) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) Adickes v. Kress & Co., 398 U.S. 144 (1970) Adkins v. Children's Hosp., 261 U.S. 525 (1923) Agins v. City of Tiburon, 477 U.S. 255 (1980) Agostini v. Felton, 521 U.S. 203 (1997) Aguilar v. Felton, 473 U.S. 402 (1985) Allegheny Pittsburgh Coal Co. v. Webster County, 488 U.S. 336 (19 ...

CAPSULE SUMMARY
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CAPSULE SUMMARY Chapter 1 INTRODUCTION I. THREE STANDARDS OF REVIEW A. Three standards:  There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard. 1. Mere-rationality:  Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere- ...

Constitutional Law Questions & Answers
Exam Prep

Questions 1-7 deal with the following situation: Congress, alarmed by several incidents in which individuals attempting to purchase items over the Internet were the victims of identity theft when their credit card information was hacked into, enacts the "Internet Commerce Promotion and Protection Act" (ICPPA). The statute reads as follows: Section: 1 : Findings: The Congress hereby finds that commerce on the Internet presents a new opportunity for economic growth, but that this growth can be realized only if potential customers can reasonably believe that Internet transactions are technolo ...

Case Overviews
Outline

Railway Express Agency v. New York (S.Ct. 1949) Facts: New York City prohibited advertising on business delivery vehicles unless the advertisement was for the owner's business. P sold space on its trucks for advertising that was unconnected with its own business. ...

Case Overviews
Outline

Lochner v. New York (S.Ct. 1905) Facts: A New York law prohibited the employment of bakery employees for more than 10 hours a day or 60 hours a week. ...

CONTRACTS INVOLVING MORE THAN TWO PARTIES
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Chapter 11 CONTRACTS INVOLVING MORE THAN TWO PARTIES ChapterScope This chapter considers contracts in which more than two parties are involved. The discussion focuses on multiple parties in two different kinds of contracts: (1) contracts in which a party seeks to assign his rights to a third person, or to delegate his duties to a third person; and (2) contracts in which a person who is not an actual party is a beneficiary of the contract. Key concepts: Assignment: An assignment is a present transfer of a party's already-existing rights under a contract. Assignable rights ...

Case Overview
Outline

Embry v. Hargadine-McKittrick Dry Goods Co. (1907) Facts: Embry, a fired employee, claimed that McKittrick had promised to renew his contract. McKittrick denied that he ever made such a promise. The judge told the jury that unless both parties subjectively intended to form an employment contract, no contract exists, even if McKittrick did promise to renew the contract. ...

Case Overviews
Outline

Hamer v. Sidway (1891) Facts: A young man's uncle promised to pay him $5,000 if he abstained from drinking, smoking, swearing and gambling until the age of 21. The uncle's executor refused to honor the promise, claiming that no consideration was given to the uncle in exchange for his promise. ...