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| English scientist; coined "eugenics"; studied twins |
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| head of eugenics record office; never examined Buck himself; was advocate of compulsory sterilization; wrote laws that advocated sterilization which many states copied. |
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| Case where woman sterilized as a child but lied to; couldn't have children when grew up so sue the judge; ultimately, judicial immunity was created |
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1. is function of judge normally performed
2. if the case parties dealt with a judge within their judicial capacity |
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| transformation of disputes |
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| all ways of dealing with conflict resolution |
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| Man fined for flag burning; said ut was within his freedom of speech; "freedom of speech did not end at the written word" |
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| O'brien burns his draft card in protest of the Vietnam War. He is charged with felony. O'brien argues it's protected under freedom of speech. Court ultimately rules that he is. |
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Test used to evaluate whether or not a person's freedom of speech is being violated. If law fails any one of them, lawis struck down:
a. ordinance has to further a significant government interst
b. gov. interest in the law must be unrelated to suppression of freedom of speech
c. law in question can't do anything but produce a neutral gov. interest |
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| A man that published bad comments about the government and was thrown in jail because of them; jury had no part in determining whether or not to convict; showed the need for judicial reform in the country |
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| placing dangerous criminals in profiles so that the general data decides whether or not someone should be convicted |
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| Court appointe during Regan administration that was rejected by Congress based off of his ideals; first Senator to be ostricized and rejected from nomination to the Court |
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| First California court justice to impose death penalty in his home state; advocated for religious values and the role of religion in law. |
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| Current chief justice for the US Court of Appeals for the 9'th Circuit. He justifies teh death penalty on the basis that those whom have shown utter contempt to other human beings deserve to be killed. |
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prongs:
1. Person must have been provoked
2. Reasonable person would have acted the same way if they too had been provoked |
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Rule used to satisfy the use of an insanity Defense. Must satisfy 1 of 2 prongs:
1. Person must not know what they were doing
2. Person might have known what they were doing, but ultimately, they didn't know what the consequences would be |
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| Argued against countermajoritarian principle of government; that the Court, in fact, has the utmost consideration of the wishes of the people. |
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| Expert witness in the brain-wash cases like Wollersheim. Professor at Berkley who really believed that |
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| Man was part of scientology and they cause dhim to commit mailfraud. Singer was, again, an exert witness |
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Determined what an expert witness was. 4 prongs:
-some form of qualified expert
-be of proper use in the case
-conform to generally accepted theory
- have a probative value that exceeds its judicial effect |
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| Man that was asked to join the Moonies, and he freely joined the cause. However, after a while, he sued them claiming that he had been brainwashed by them. Court ruled that it was more important to protect people from coercive experiences than freedom of religion. |
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| Big concept in Molko case; was questioned whether or not Molko and Leal had lost this through the coercive practices of the Moonies. |
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| Religious Freedom Restoration Act |
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| Act passed that made religion a suspect classification of the law. Also initiated the Sherbet test to see if one's right to religion was or was not invalidated. |
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| Expert witness in Wisconsin v Yoder. Argued that education beyond 8'th grade for Amish was detrimental to their beliefs |
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| In Louisiana, law was in effect saying that if evolution was taught in schools, creationsim ahd to be as well; gov. used strict scrutiny to shoot the law down. |
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| Damned the "separate but equal" doctrine which influenced Brown v Boe |
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| Footnote 4 of Carolene Products |
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| A footnote made it clear that the Court's purpose was to protect the rights of insular minorities |
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| Speach made by WEB Dubois begging UN intervention between B/W conflict. |
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| Case in which law equalizing teaching of creation science and evolution was struck down by Supreme Court in Lousisiana; made religion a suspect classification. |
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| Man went against Ex. Order 9066 and was arrested for it saying that he violated |
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| Advocate of aff. act; argued that the only way to get rid of racism was by using aff. action |
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| 9 Black guys accused of raping 2 White girls. Boys were named Scottsboro boys and were made celebrities as a result. In end, all but one were hung; ruling entitled all criminals to competent legal council and that jury members could nto be excluded because of race. |
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| Another advocate of affirmative action in law; said that aff. action will ultimately benefit all parties involved through future associations |
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| Argued that the president is actually very weak in his powers because he has to jump through so many hoops in order to rule on anything in Congress |
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| Woman was dismissed from the bank which she worked at because she eventually would not cooperate with her bosses' demands for sexual favors; case extended the idea of sexual harassment to include hostile work environment |
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| Four UT students challenged teh legitamacy of the admission standards; prevailed; first legitimate challenge to af. act. since Bakke case |
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| Bakke rejected from UC Davis med school saying the admission policies of the school were racist; Court ruled that they, in fact, could not have race quotas |
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| Undergraduate students challenged UMich admission grounds. Court ruled that the system was too mechanistic |
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| Man challenged his denial from UMich law school; Court ruled that race could be a factor but not deciding factor |
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| Woman that argued that religious groups should not be exempt from civil rights laws because if they ended up so, then they would continue to discriminate against woman constantly, especially in the Muslim religion. |
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| Pedreia v. Kentucky Baptist Homes for Children |
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| A Baptist home will only employ people that are of Baptist religion. Should this be allowed; claims were ultimately dismissed |
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-Argued that dominance model existed in law in terms of gender discrimination
-That on its face, the law is neutral. However, assuming that women are neutral is discrimination because it leaves out pregnancy as a possible womenly happening. |
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| Court ruling in which g/l marriage was alloted in MA, saying that the marriage was protected under 1'st Ammendment |
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| Pluralist model-m/w should be treated the same except when pregnancy is a factor |
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| Argued m/w should be treated the same |
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| Hawaii Court case which granted that prohibiting same-sex marriage was sex discrimination in the state. They still sent the opinion back down to District Court though to see if in making the law, the state could justify it via strict scrutiny. In this process, DOMA passed and thus allowed the Court to remain lay in terms of their response |
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| Act passed in the 90's saying that a marriage in state "x" did not necessarily have to be honored in state "y" |
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| Case in which Defendant claimes due process rights violated because she had her welfare taken form her. Court ruled that if welfare is to taken, the Defendant is entitled to a formal hearing to determine necessary action. |
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| Roulette v City of Seattle |
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| Defendants brought suit saying that their freedom of speech and due process was violated by being told they could not sleep on private property. Court ruled that they were not violating either because the Defendants could have gone elsewhere to perform their conduct |
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| "no sit, no lie" policies |
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| Prohibit homeless from sleeping/residing in certain areas because businesses are affected if homeless are allowed to stay |
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| San Antonio School District v Rodriguez |
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| Man in school district claimed equal protection was being violated because of how education funds were generated from differences in property taxes; gov. ruled that the unequal education was ok because education was not a fundamental right to be given to people. |
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| right to travel/ Shapiro v Thomson |
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| Woman claimes her right to travel and equal protection clause were both violated because she was restricted from mving from CT to MA because her welfare would've been taken for a year after her move. Court ruled that this does violate 14'th ammendment. |
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| Kirpan/People v. Singh Seik |
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Man is arrested for wearing kirpan, (a religious object to seiks.)
-Claims his freedom of religion was violated
-Court ruled that he could believe whatever he wanted, but that if he broke a law he would be subject to US penalties |
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Rule used to initiate whether somebody can claim insanity or not. 1 of 2 prongs must be satisfied
1. Person did not know the consequences of their actions
2. Person was aware, but they thought what they were doing was beneficial |
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| Provides all countries with "right to culture," but this is ambiguous. |
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TG shoots Pedia because Pedia cusses at him. TG argues that the cuss was mega offensive. Court creates the cultural Defense as a result, which states that both of the following must be applicable:
1. Person was provoked
2. A reasonable person would have reacte din the same way as the Defendant
Court ruled against TG because of prong 2 |
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| Bulun Bulun and Milpurruru v. R&T Textiles Pty Ltd |
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| BB paints a picture of Ginalbingu culture. Item is plagarized and unlawfully distributed. In suit, BB and M argued that they shoudl receive compensation so as to help as a fiduciary to the culture. The Court ruled that this was not possible because the Defendants had done everything they could to clean up their mess. |
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| Genetic mouse created for cancer research. Court of US patented the creation process of the mouse and the mouse itself. Canada only did the process. |
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| Controversial company trying to create medicines based off of Shaman drugs. |
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| Judge in civil courts responsible for gathering all evidence and referring cases with likely convictions to courts. |
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| civil v criminal law systems |
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| 7 year old girl raped and strangled to death while a frind of the accomplice was watching. Nevada, as a result, passed Good Sumaritain laws mandating that bystanders have to help someone in a conflict. However, the laws are set up to protect the bystanders from liability if something goes wrong. |
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| Holocaust denier overseas whose works ultimately made it ilegal in France to deny the Holocaust at all. |
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| "law of the peoples." Laws that neighboring countries are expected to follow as act of respect between the two different nations |
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| Your property is like your castle. You can defend it however you want |
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