Term
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Definition
1) Injury in fact (concrete and particularized, actual and imminent))
2) Causation
3) Redressability |
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Term
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Definition
| Whether plaintiff's grievance comes from zone of interest protected by constitution or statute |
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Term
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Definition
1) Constitution has assigned decision-making to another branch, OR
2) Matter inherently one that judiciary cannot decide |
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Term
| Interstate commerce clause |
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Definition
1) Channels
2) Instrumentalities
3) Activities that substantially affect interstate commerce |
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Term
| Dormant commerce elements |
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Definition
1) Discriminate out-of-state
2) Unduly burden ISC
3) Regulate extra-territorial activity |
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Term
| Test for state taxation of ISC |
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Definition
Complete Auto test:
1) Substantial nexus (between taxed activity and state)
2) Fair apportionment (rationality)
3) Nondiscrimination
4) Fair relationship to services provided |
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Term
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Definition
| Least restrictive means to achieving a compelling governmental interest |
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Term
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Definition
| Law is rationally related to legitimate state interest |
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Term
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Definition
| Pre-viability, does law place substantial burden on right to abortion? Post viability, regulation/prohibition okay as long as exceptions for health. |
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Term
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Definition
| Law must be substantially related to important state interest |
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Term
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Definition
Penn Central:
1) Economic impact on owner
2) Interference with reasonable investor-backed expect.
3) Character of regulation including benefits, burdens |
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Term
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Definition
Nollan test:
1) Essential nexus between state interest and conditions
2) Rough proportionality between burden and impact |
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Term
| Establishment clause test |
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Definition
Lemon test:
1) Secular purpose?
2) Advances or inhibits a religion
3) Results in excessive government entanglement with religion |
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Term
| Test for expressive conduct: |
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Definition
O'Brien:
1) Within government's power
2) No greater than necessary
3) Important governmental interest
4) Unrelated to suppression of ideas
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Term
| Test for public forum or limited public forums |
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Definition
1) Content neutral
2) Narrowly tailored to serve significant govt purpose
3) Leave open alternative channels of communication |
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Term
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Definition
Miller test: Average person applying contmporary community standards finds that:
1) Appeals to prurient interests
2) Depicts sexual conduct in patently offensive way
3) Has no literary, scientific political, etc, value |
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Term
| Test for commercial speech |
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Definition
Central Hudson:
1) Not unlawful, false, misleading
2) Substantial governmental interest
3) Directly advance that interest
4) Narrowly tailored |
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Term
| Speech regulation - public forum & non-public forum |
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Definition
| Public forum - (i) reasonable restrictions on the time, place, or manner of protected speech (ii) content-neutral (iii) narrowly tailored to serve a significant government interest, and (iv) leave open ample alternative channels for communication. Nonpublic forum - (i) viewpoint-neutral and (ii) reasonably related to a legitimate governmental interest. |
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Term
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Definition
| About fundamental fairness. Right to be notified and right to be heard. |
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Term
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Definition
| Idea that laws should be reasonable and not arbitrary. If fundamental right infringed - least restrict means to achieve compelling interest. If not fundamental, rational basis. |
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Term
| Exceptions to prior restraints |
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Definition
1) Particular harm to be avoided
2) Procedural safeguards are provided |
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Term
| Test for taxation of commerce by states |
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Definition
1) Nexus between taxed activity and state
2) Fair apportionment between interstate and local
3) No advantage to locals
4) Related to serviced provided by state |
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Term
| Test for non-public forum |
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Definition
1) Viewpoint neutral
2) Reasonably related to legitimate governmental interest |
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Term
| Test for speech inciting violence |
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Definition
1) Speech directed to inciting lawless action
2) Likely to produce such action |
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Term
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Definition
1) Annoying/offensive words not enough
2) Genuine likelihood of imminent violence by hostile audience |
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Term
| Deprivation of public employment for association if |
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Definition
1) Active member of subversive association
2) Knows of illegal activities
3) Specific intent to further activities |
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