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Book
vi, 24 leaves : illustrations ; 28 cm
Argument: Available empirical evidence suggests that limiting American Pipe's reach will result in substantial numbers of wasteful protective filings; sound principles of research design counsel against a "natural experiment" approach or a narrow focus on opt-outs in measuring the efficiency costs of a decision limiting American Pipe's reach; limiting American Pipe's reach would not yield any countervailing benefit.
Law Library (Crown)
Book
xii, 453 pages ; 26 cm
  • Homeland security : introduction and historical context
  • Presidential power and congressional authority
  • Habeas corpus and military tribunals
  • Habeas corpus & acess to civilian courts
  • Governmental privilege & immunity
  • Government takings, destruction of private property and emergency authority
  • Regulation of immigration, border security and the right to travel
  • Detention and rendition
  • Free speech and right of association
  • Search, surveillance & interrogation.
Law Library (Crown)
Book
xi, 36 pages ; 24 cm
Summary of argument: As this brief shows, the Framers recognized and intended that treaties could operate in areas that would otherwise be left to the states, and treaties have impacted domains of state authority in various ways throughout U.S. history. Although Carol Bond's case could be decided on relatively narrow grounds, Petitioner and her amici invite this Court to overrule more than two centuries' worth of precendent and dramatically curtail the U.S. government's ability to credibly commit to and enforce international treaties. Instead, this Court should adhere to longstanding precedent and avoid crafting any new constitutional rules that might have unforeseen and harmful effects on foreign matters and America's standing in the world.
Law Library (Crown)
Book
viii, 28, 65 pages ; 24 cm
Question presented: Whether or under what circumstances the Fourth Amendment permits police officers to conduct a warrantless search of the digital contents of an individual's cell phone seized from the person at the time of arrest.
Law Library (Crown)
Book
x, 33 pages ; 28 cm
Law Library (Crown)
Book
vii, 38 pages ; 24 cm
Question presented: Whether or under what circumstances the Fifth Amendment's self-incrimination clause protects a defendant's refusal to answer law enforcement questionings before he has been arrested or read his Miranda warnings.
Law Library (Crown)
Book
i, 20 pages ; 24 cm
  • Relevant docket entries
  • Transcript of guilt-innocence proceedings (pretrial hearing on motion in limine), March 11, 2009
  • Transcript of guilt-innocence proceedings (testimony of Sergeant Elliott), March 12, 2009.
Law Library (Crown)
Book
24 pages ; 24 cm
Question presented: Whether or under what circumstances the Fifth Amendment's self-incrimination clause protects a defendant's refusal to answer law enforcement questionings before he has been arrested or read his Miranda warnings.
Law Library (Crown)
Book
1 online resource (xi, 39 pages, 3 unnumbered pages, 142a pages).
The issue presented is whether the United States Supreme Court should grant certiorari to determine governmental authority, under equal protection and with respect to religious liberty, to promulgate laws prohibiting same sex marriage such as DOMA (the Defense of Marriage Act) and California's Proposition 8.
Law Library (Crown)
Book
viii, 25, 61 pages ; 24 cm
Question presented: Whether a police officer's mistake of law can provide the individualized suspicion that the Fourth Amendment requires to justify a traffic stop.
Law Library (Crown)
Book
vi, 25 pages ; 24 cm
Argument: I. A death sentence for felony murder without a finding of culpable mental state of at least reckless indifference to human life violates the Eighth Amendment's requirement of a retributive or deterrence-based justification for capital punishment; II. In determining the culpability required for death-eligibility under the Eighth Amendment, a distinction between defendants who "actually killed" and defendants who committed murder without killing would be instable and unjustifiable; III. This Court's requirement of reasonably justified selection for execution forbids capital sentencing without a factual finding differentiating the death-eligibile defendant on the basics of desert or deterrance from others convicted of murder.
Law Library (Crown)
Book
ii, 13 pages ; 24 cm
Law Library (Crown)
Book
ix, 39, 15 pages ; 28 cm
Questions presented: 1. Whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case. 2. Whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
Law Library (Crown)
Book
ix, 39, 15 pages ; 24 cm
Questions presented: 1. Whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case. 2. Whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
Law Library (Crown)
Book
ii, 9 pages ; 24 cm
"[The] Court should hold that it has jurisdiction to decide whether DOMA violates the Fifth Amendment"-- Page 9.
Law Library (Crown)
Book
viii, 28 pages ; 28 cm
Law Library (Crown)
Book
ix, 23, 48 pages ; 28 cm
Question presented: Does Section 3 of the Defense of Marriage Act, 1 U.S.C. section 7, which defines the term "marriage" for all purposes under federal law as "only a legal union between one man and one woman as husband and wife, " deprive same-sex couples who are lawfully married under the laws of their states (such as New York) of the equal protection of the laws, as guaranteed by the Fifth Amendment to the Constitution of the United States.
Law Library (Crown)