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Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. [1] The original meaning of the phrase concerned cases in which the law ...
Nieves v. Bartlett, 587 U.S. 391 (2019), was a civil rights case in which the Supreme Court of the United States decided that probable cause should generally defeat a retaliatory arrest claim brought under the First Amendment, unless officers under the circumstances would typically exercise their discretion not to make an arrest.
Law, Power, and the Pursuit of Peace (1968) Is Law Dead? (ed., 1971) "Great Cases Make Bad Law: The War Powers Act." Texas Law Review 50 (1971): 833+ The Ideal in Law (1978) A Breakfast for Bonaparte US national security interests from the Heights of Abraham to the Nuclear age (1993), (Published as "Towards Managed Peace" under Yale University ...
Patterson v. Colorado, 205 U.S. 454 (1907), was a First Amendment case. Before 1919, the primary legal test used in the United States to determine if speech could be criminalized was the bad tendency test. [1] Rooted in English common law, the test permitted speech to be outlawed if it had a tendency to harm public welfare. [1]
Patterson v. New York, 432 U.S. 197 (1977), was a legal case heard by the Supreme Court of the United States that stated that the Due Process Clause Fourteenth Amendment did not prevent the burdening of a defendant to prove the affirmative defense of extreme emotional disturbance as defined by law in the state of New York.
WASHINGTON (Reuters) -The state of Oklahoma is violating federal law by unnecessarily committing people with mental illness and drug abuse disorders to psychiatric hospitals, the U.S. Justice ...
According to Today, Robert DeShaun Peace (who went by Rob Peace) was born in 1980 in East Orange, N. J., to parents Jackie and Skeet.They were separated, and Rob lived with his mother. Hobbs, who ...
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. [1] As in its prior decision in Harmelin v.