Cato Supreme Court Review 2002-2003
Cato Institute, 2003 - 250 páginas
This book analyzes the most important and far-reaching cases of the 2002-2003 year from a classical Madisonian perspective. This edition will review, among other cases, affirmative action, sexual privacy, intellectual property, cross burning, commercial speech, and federalism.
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Principle and Policy in Public University Admissions Grutter v Bollinger Gratz v Bollinger
Nike v Kasky and the Definition of Commercial Speech
Cross Burning Symbolic Speech and the First Amendment Virginia v Black
A Missed Opportunity for the Supreme Court to Clarify Application of First Amendment Law to Publicly Funded Expressive Institutions
Eldred v Ashcroft and the Logic of a Written Constitution
The Conservative Split on Punitive Damages State Farm Mutual Automobile Insurance Co v Campbell
Searching for Corruption in All the Wrong Places
Much Ado about Nothing?
IOLTA Brown v Legal Foundation of Washington and the Taking of Property without the Payment of Compensation
October Term 2003
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action activity allow Amendment American appearance applied argued argument Association authority award California campaign candidate claim Clause client compelling concern concluded conduct Congress constitutional contributions corporate corruption create cross burning decide decision discrimination discussion dissenting doctrine Due Process effect Election equal evidence example exercise existing expression extension fact federal filtering funds held holding important individual institutions interest Internet involving IOLTA issue Judge judicial Justice justify lawyers Legal legislative less liberty libraries limited majority matter means ment Michigan Nike noted opinion particular political practice presented principle Progress prohibited promote protected punitive damages question reason regulation requires restrictions result rule School scrutiny sovereign immunity speech statements statute Stevens substantive Supreme Court term Thomas tion tort unconstitutional United University violated Virginia Washington written
Página 28 - It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation.
Página 12 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Página 26 - It is enough that there is an evil at hand for correction, and that it might be thought that the particular legislative measure was a rational way to correct it.
Página 30 - The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.
Página 12 - That the people have an original right to establish for their future government such principles as in their opinion shall most conduce to their own happiness is the basis on which the whole American fabric has been erected.
Página 30 - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment....
Página 28 - ... prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondinglymore searching judicial inquiry.