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• Constitution of the United States/Art. III/Sec. 2/Clause 1 Cases or Controversies
  ...therefore the extent of the judicial power as well as the capacity of the federal courts to receive jurisdiction. According to Chief Justice Marshall in ''[[ ..., 445 U.S. 388 (1980).</span></ref> Persons do not have standing to sue in federal court when they can only claim that they have an interest or have suffered
  935 KB (144,511 words) - 04:46, September 13, 2023
• Constitution of the United States/Art. III/Section 1 Vesting Clause
  ...]]'', 219 U.S. 346, 361 (1911)</span></ref> Judicial power thus confers on federal courts the power to decide cases and to render a judgment that conclusively ...il Amar, A Neo-Federalist View of Article III: Separating the Two Tiers of Federal Jurisdiction, 65 B.U. L. Rev. 205 (1985).</span></ref>
  384 KB (58,677 words) - 04:46, September 13, 2023
• Constitutional Law Chemerinsky/Outline I
  =THE FEDERAL JUDICIAL POWER= ...:_Federal_jurisdiction|Article III, Section 2]] '''limits '''the jx of the federal courts to:'<nowiki/>'''''
  373 KB (58,299 words) - 19:37, July 2, 2023
• 37 C.F.R.
  Title 37 - Code of Federal Regulations 1 Rules of practice in patent cases
  1.37 MB (199,489 words) - 14:37, November 18, 2011
• Constitution of the United States/Fourteenth Amend./Section 1 Rights
  ...citizenship was not to be shifted, canceled, or diluted at the will of the Federal Government, the States, or any other government unit."<ref><span id="ALDF_0 ...to the Court, these sponsors had sought to centralize "in the hands of the Federal Government large powers hitherto exercised by the States" by converting the
  1.11 MB (176,394 words) - 04:39, September 13, 2023
• Constitution of the United States/Sixth Amend.
  ...d States|alias =Sixth Amendment}}<font size="+3">Sixth Amendment Rights in Criminal Prosecutions</font> ...but ruling that the summary court-martial involved in the case was not a "criminal prosecution" within the meaning of the Amendment).</span></ref> Further, th
  423 KB (65,907 words) - 04:29, September 13, 2023
• Constitution of the United States/Fifth Amend.
  ...process generally protects certain fundamental constitutional rights from federal government interference in specific subject areas such as liberty of contra ...to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or
  492 KB (76,863 words) - 04:29, September 13, 2023
• Constitution of the United States/Art. II/Sec. 2/Clause 2 Advice and Consent
  ...Although sovereign nations are the primary subject of treaties, in modern practice, other entities, such as international organizations, occasionally have joi ...reaties" because "the Senate represented the States alone" rather than the federal government. ''Id.'' at 392-93.</span></ref> Others argued that both chamber
  423 KB (63,941 words) - 04:44, September 13, 2023
• Constitution of the United States/First Amend./Free Speech Clause
  ...62). Writing to Madison in 1788, Jefferson stated: "A declaration that the Federal Government will never restrain the presses from printing anything they plea ...t); ''[[Iancu v. Brunetti]]'', No. 18-302, slip op. at 11 (June 24, 2019) (federal law prohibiting the registration of immoral or scandalous trademarks); ''[[
  676 KB (103,970 words) - 16:04, November 7, 2023
• Constitution of the United States/Introduction
  As the keystone of the United States, the Constitution informs federal and state law; delineates the distinct roles of the Executive, Legislative, ...Amendments thereto; to Which Are Added Jefferson's Manual of Parliamentary Practice, the Standing Rules and Orders for Conducting Business in the House of Repr
  313 KB (45,628 words) - 04:28, September 13, 2023
• Constitution of the United States/Art. I/Sec. 8/Clause 18 Necessary and Proper Clause
  ....").</span></ref> Rather, so long as Congress's end is within the scope of federal power under the Constitution, the Necessary and Proper Clause authorizes Co ...15028|here]] and accompanying text (discussing alternative formulations of federal power considered at the Constitutional Convention).</span></ref>--they incl
  239 KB (36,333 words) - 04:37, September 13, 2023
• 35 U.S.C.
  33 of title 40, title III of the Federal Property and ...nd facilities of other departments, agencies, and instrumentalities of the Federal
  326 KB (50,322 words) - 13:20, December 7, 2011
• NYU Schulz Natural Resources Law
  '''''Federal Lands and Resources''''' ...Indian lands are excluded from laws, statistics and courses pertaining to federal public lands.
  129 KB (19,437 words) - 03:58, January 3, 2020
• Constitution of the United States/Art. II/Section 4 Impeachment
  ...Section 4 Impeachment]].</span></ref> This tool was inherited from English practice, in which Parliament impeached and convicted ministers and favorites of the ...., R46013, Impeachment and the Constitution 47-48 (2019).</span></ref> The practice of impeachment makes clear, however, that Members of Congress are not civil
  143 KB (21,049 words) - 04:44, September 13, 2023
• Section 1983 Litigation/Elements of Claim, Functional Role, Pleading, and Jurisdiction
  ...s of a § 1983 claim. The plaintiff must allege both (1) a deprivation of a federal right, and (2) that the person who deprived the plaintiff of that right act ...o establish municipal liability, she must show that the deprivation of her federal right was attributable to the enforcement of a municipal custom or policy.<
  64 KB (9,353 words) - 22:36, September 26, 2023
• Section 1983 Litigation/Abstention Doctrines
  ....S. 800, 817 (1976).</ref> Accordingly, “[a]bstention from the exercise of federal jurisdiction is the exception, not the rule,”<ref>''Colorado River'', 424 ...than the other abstention doctrines. The Tax Injunction Act normally bars federal § 1983 actions contesting state and local tax policies.<ref>28 U.S.C. § 1
  38 KB (5,644 words) - 22:34, September 26, 2023
• Manual of Legal Citation/Tables
  == T1. Federal Judicial and Legislative Materials == || Federal Reporter
  255 KB (36,483 words) - 03:50, June 1, 2020
• Constitution of the United States/Art. I/Sec. 8/Clause 3 Commerce
  ...n id="ALDF_00023947">E. Prentice &amp; J. Egan, The Commerce Clause of the Federal Constitution 14 (1898).</span></ref> As a consequence, the Supreme Court's ...[Brooks v. United States]]'', 267 U.S. 432, 436-37 (1925).}}In upholding a federal statute prohibiting shipping goods made with child labor in interstate comm
  286 KB (44,289 words) - 16:30, October 11, 2023
• Constitution of the United States/Art. I/Section 1 Legislative Vesting Clause
  ===Origin of Limits on Federal Power=== ...ture, by an overruling constitution, was an improvement in the science and practice of government reserved to the American states."<ref><span id="ALDF_00016444
  225 KB (33,885 words) - 04:30, September 13, 2023
• Constitution of the United States/First Amend./Free Exercise Clause
  ...e from the 1960s through the 1980s|First Amend.: Laws Neutral to Religious Practice from the 1960s through the 1980s]].</span></ref> ...Religious Practice|First Amend.: Laws that Discriminate Against Religious Practice]].</span></ref> As one opinion cautioned, "[i]f the purpose or effect of a
  99 KB (15,193 words) - 15:51, November 7, 2023
• Constitution of the United States/Art. I/Sec. 8/Clause 1 General Welfare
  ...tution provides Congress with broad authority to lay and collect taxes for federal debts, the common defense, and the general welfare.<ref><span id="ALDF_0002 ...ns, payment was not possible. . . . Beyond the repayment of war debts, the federal goals were quite modest. The operating budget was only about $450,000 . . .
  96 KB (14,774 words) - 04:34, September 13, 2023
• Civil Procedure Yeazell/Outline
  ### Article III: a limit on power of federal courts to hear certain kinds of cases ##### when authorized by a federal statute
  139 KB (21,256 words) - 01:27, March 26, 2022
• Constitution of the United States/Fourth Amend.
  ...fficers to rummage through homes in an unrestrained search for evidence of criminal activity").</span></ref> Although it does not appear to have been discussed ...e seizure of all of a person's papers rather than only those alleged to be criminal in nature "contrary to the genius of the law of England."<ref><span id="ALD
  370 KB (57,962 words) - 04:29, September 13, 2023
• Constitutional Law Paulsen/3rd ed. Outline
  3. Federal structure / Federalism • 3. Federal Structure o Separation of powers of Legis, Exec, and Judicial btw first 3 A
  228 KB (35,189 words) - 16:41, March 14, 2023
• Constitutional Liberties
  ...nvey a message. Yet if taken to the extreme, it would mean virtually every criminal law would have to meet strict scrutiny. Reasoning: Is the depravation of a federal right fairly attributable to the state?
  268 KB (42,125 words) - 13:54, June 30, 2023
• Evidence Allen/Outline
  * ESSF/104a (preponderance of evidence) < Criminal Conviction (beyond a reasonable doubt) **** o Prior criminal conviction? [609] For felony, 403 test for non-crim D, reverse 403 for crim
  189 KB (28,332 words) - 01:27, March 26, 2022
• Constitution of the United States/Art. II/Section 3 Duties
  After examining the historical practice related to recognition and other functional considerations, the Supreme Cou ...l government; (4) power that stems implicitly from the duty to enforce the criminal statutes of the United States; and (5) power to carry out the so-called "mi
  167 KB (25,521 words) - 04:44, September 13, 2023
• Health Law Furrow/Outline
  **o State and Federal public health systems that track infectious diseases, require certain food ...ice of health plan is implicated by subsidies and exchanges created by the Federal Law and coverages mandated by the law
  180 KB (28,200 words) - 01:36, March 26, 2022
• Environmental Law
  ####* (i) “federal programs that set prices, performance standards, entry requirements, schedu *# In practice, standards are not frequently updated due to bureaucratic inertia.
  210 KB (31,927 words) - 19:57, January 22, 2020
• Constitution of the United States/Art. I/Sec. 8/Clause 4 Uniform Laws
  ...''[[Takahashi v. Fish &amp; Game Comm.]]'', 334 U.S. 410, 419 (1948) ("The Federal Government has broad constitutional powers in determining what aliens shall ...regulate the status of aliens derives from various sources, including the Federal Government's power '[t]o establish [a] uniform Rule of Naturalization' . .
  180 KB (27,179 words) - 04:35, September 13, 2023
• Constitution of the United States/Art. I/Sec. 9/Clause 3 Nullification
  ...'[[Nixon]]'', 433 U.S. at 468-76 (citing ''[[Cummings]]'' in case applying federal Bill of Attainder Clause).</span></ref> ...ed that it was appropriate for the Framers also to ban the practice in the federal constitution, "add[ing] this constitutional bulwark in favor of personal se
  83 KB (13,244 words) - 04:37, September 13, 2023
• Section 1983 Litigation/Constitutional Rights Enforceable Under § 1983
  ...nder § 1983 is analyzed ''infra'' [[Section 1983 Litigation/Enforcement of Federal Statutes Under § 1983]]. The other essential element of the § 1983 claim, Plaintiffs may enforce a wide range of federal constitutional rights under § 1983 against defendants who acted under colo
  205 KB (30,427 words) - 13:52, October 8, 2023
• Section 1983 Litigation/Personal Liability: Qualified Immunity
  ...2d Cir. 2013) (to determine whether defendant violated clearly established federal law, issue “is not how courts or lawyers might have understood the state ...is often pertinent in determining whether she violated clearly established federal law.<ref>''See, e.g''., Amore v. Novarro, 624 F.3d 522, 535 (2d Cir. 2010)
  74 KB (10,916 words) - 22:38, September 26, 2023
• MPEP 500
  to registration practice before the Patent and Trademark Office should check the rules of practice, the Official
  322 KB (50,806 words) - 22:41, May 31, 2020
• Constitution of the United States/Art. II/Sec. 2/Clause 1 Military, Administrative, and Clemency
  ...lliot, The Debates in the Several State Conventions on the Adoption of the Federal Constitution 107 (2d ed.1836).</span></ref> and because the lesson of Engli ...this point the insurrectionists announced their purpose to enter upon the practice of privateering.""Other calls were made for volunteers to serve three years
  174 KB (27,204 words) - 04:44, September 13, 2023
• Constitution of the United States/Art. III/Sec. 2/Clause 2 Supreme Court Jurisdiction
  ..." this provision allows the Court to review both decisions of the inferior federal courts and final judgments of state courts, if authorized by Congress.<ref> ...r than reaching the high court on appeal from a state court or an inferior federal court.
  53 KB (8,017 words) - 04:47, September 13, 2023
• Constitution of the United States/First Amend.
  ...egulating Prisons and the Military|First Amend.: Laws Neutral to Religious Practice Regulating Prisons and the Military]] (Free Exercise Clause).</span></ref> ...eference, but one of deep religious conviction"). In a case interpreting a federal conscientious objector statute, the Supreme Court said that "the central co
  127 KB (19,290 words) - 16:15, November 7, 2023
• Constitution of the United States/First Amend./Establishment Clause
  ...Belief]].</span></ref> Perhaps most obviously, this provision prevents the federal government from establishing an official national religion akin to the Chur ...form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any relig
  157 KB (24,096 words) - 15:44, November 7, 2023
• Criminal Procedure
  ## '''''Separation of Powers''''' – if the legislature did make it a criminal act to commit this offense (ex. Smokey the Bear Hype) – is it the role of ...only to the routine sanction. The judge may not consider the D’s possible criminal involvement in the sentencing determination.
  194 KB (30,392 words) - 13:55, June 3, 2023
• Constitution of the United States/Eighth Amend.
  ...against excessive fines guards against abuses of government's punitive or criminal-law-enforcement authority.").</span></ref> As discussed in more detail in t ...rest of the Bill of Rights) was understood originally to apply only to the federal government, the Supreme Court has held its prohibitions were incorporated i
  180 KB (27,855 words) - 04:30, September 13, 2023
• Constitution of the United States/Art. I/Sec. 10/Clause 1 Proscribed Powers
  ...ice Charles Evans Hughes declared, "When its action does not conflict with federal legislation, the sovereign authority of the State over the conduct of its c ...ld valid.<ref><span id="ALDF_00002031">''[[Farmers &amp; Merchants Bank v. Federal Reserve Bank]]'', 262 U.S. 649, 659 (1923).</span></ref>
  117 KB (18,249 words) - 04:38, September 13, 2023
• Section 1983 Litigation/Municipal Liability
  ...e under § 1983.”<ref>''Monell'', 436 U.S. at 694. The municipal “policy or practice” requisite is often very difficult to satisfy. ''See, e.g.,'' Wimberly v. ...in the circuits is that a municipality can waive ''Monell''’s “policy and practice” requirements. Kinnison v. City of San Antonio, 480 Fed. App’x 271, 275
  72 KB (10,825 words) - 22:38, September 26, 2023
• Administrative Law
  | book_one = Administrative Procedure and Practice Funk, Shapiro, and Weaver ...a single party. Examples of independent agencies are the SEC, FTC, and the Federal Reserve System (US central bank).
  160 KB (24,888 words) - 15:17, June 27, 2023
• Constitutional Law Stone/Outline II
  *##### Look to federal judiciary for remedy + to protect groups because those elected by the polit ...e Tendency Test): This case reflects the then-prevailing view of the lower federal courts that speech could constitutionally be punished as an attempt to caus
  347 KB (56,021 words) - 13:44, June 9, 2023
• Professional Responsibility
  #### Guarantee of effective assistance of counsel in criminal cases ####### '''To establish a defense''' to a criminal charge or a civil claim against the lawyer based upon conduct in which the
  80 KB (11,645 words) - 16:18, June 20, 2015
• Administrative Law Funk/Outline
  | text = Administrative Procedure and Practice ...s that regulate private conduct. These agencies exist at state, local, and federal levels. </div>
  199 KB (29,965 words) - 11:01, March 16, 2023
• Constitution of the United States/Seventh Amend.
  The Seventh Amendment guarantees a jury trial in civil cases at law in federal court and limits the circumstances under which courts may overturn a jury's The Seventh Amendment guarantees a jury trial in civil cases at law in federal court.<ref><span id="ALDF_00024351">[[{{ROOTPAGENAME}}/Seventh Amend.|Seven
  53 KB (8,525 words) - 04:29, September 13, 2023
• Legislation and Regulation
  * Also no requirement that a bill be referred to subcommittee – but the practice is still customary * Direct Democracy: Only in the state legislation, but issues come before federal courts for interpretation.
  115 KB (17,754 words) - 04:23, December 31, 2019
• Constitution of the United States/Art. I/Sec. 2/Clause 5 Impeachment
  ...peachment in America, 1635-1805, at 15-95 (1984); Michael J. Gerhardt, The Federal Impeachment Process: A Constitutional and Historical Analysis 1-24 (2000); ...1805, at 96-106 (1984).</span></ref>--often deemed beyond the reach of the criminal courts.<ref><span id="ALDF_00013707">Constitutional Grounds, ''supra'' note
  38 KB (5,424 words) - 04:31, September 13, 2023
• Constitution of the United States
  ...se 6 of the U.S. Constitution confers upon the Senate the power to try all federal impeachments.<ref>https://constitution.congress.gov/constitution/article-1/ ..., Clause 1 states that House and Senate members are protected from civil & criminal liabilities in the course of their Congressional debates ("they shall not b
  39 KB (5,350 words) - 23:46, April 23, 2024