Subduing the Mormons in Utah Territory: Foundation for the Insular Cases

2020 ◽  
Vol 32 (1) ◽  
pp. 52-77
Author(s):  
TIMOTHY LINDBERG
Keyword(s):  
Nineteenth Century ◽  
Supreme Court ◽  
Federal Government ◽  
Religious Practices ◽  
Latter Day Saints ◽  
Policy History ◽  
The Supreme Court ◽  
The Us ◽  
Us Government ◽  
Utah Territory

Abstract:The conflict between the US government and the Mormons in Utah Territory during the second half of the nineteenth century reflected shifts in the American territorial system. Through a repudiation of religious practices and dismantling of the Latter-Day Saints’ Church as an institution, the federal government demonstrated a willingness and ability to interfere with and regulate traditional local issues such as marriage and religion. This provided a foundation for the changes to the territorial system outlined by the Supreme Court in the Insular Cases. Scholars have overlooked the continuities between earlier territorial policy and the post-Insular Cases colonial system. Linking the struggle over authority in Utah Territory with the outcome of the Insular Cases as a component of territorial policy history fills this gap and helps to illuminate the policy connections between continental expansion and overseas expansion.

The Death of William Jones: Indian, Anthropologist, Murder Victim

2018 ◽  
Author(s):  
Kiara M. Vigil
Keyword(s):  
United States ◽  
Supreme Court ◽  
Gilded Age ◽  
The United States ◽  
The Philippines ◽  
Criminal Case ◽  
American Anthropologist ◽  
The Supreme Court ◽  
The Us ◽  
Us Government

On March 21, 1910, the Supreme Court of the Philippines issued a ruling in The United States v. The Ilongots Palidat et al., a criminal case prosecuted by the US government against three indigenous men from the island of Luzon. The three men were found guilty of murdering William Jones, an American anthropologist working in the so-called headhunting country of the northernmost Philippines during the previous year. This chapter illuminates the identity of an indigenous intellectual as it intersected with imperial discourses, first in the United States and later in the Philippines. Through an examination of Jones's death, it considers how Gilded Age ideas of race and civilization functioned as a discourse to frame Jones in one way and his Ilongot assailants in another, ultimately producing the tragic misunderstanding between them.

Insult of Public Officials

2021 ◽  
pp. 388-409
Author(s):  
Christoph Bezemek
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
The United States ◽  
Public Officials ◽  
European Court ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
Structural Differences

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.

The Administration and the Judge: Pragmatism in Belgian Case Law (1890–1910)

2021 ◽  
pp. 73-112
Author(s):  
Yseult Marique
Keyword(s):  
Nineteenth Century ◽  
Supreme Court ◽  
Case Law ◽  
Social Forces ◽  
Local Institutions ◽  
Formal Approach ◽  
Administrative Action ◽  
The Social ◽  
The Supreme Court ◽  
Technological Context

Analysing the administrative case law of the Belgian Supreme Court between 1890 and 1910, this chapter shows that the Supreme Court applied the main features of a positivist legal thought (based on the assumption of clarity, coherence, and completeness of the formal law) to administrative action and its legality. It equipped the central and local institutions of the State with functioning powers, allowing an operational state to develop despite social unrest. As the social and technological context changed at the end of the nineteenth century, the statute book became more confused, however. This gave the Supreme Court ample room to interpret the law creatively and pragmatically. The ‘administrative miracle’ in Belgium is that the Supreme Court did not shackle social forces and unbridle the administration so much that the very course it wanted to avert actually happened. This may be down to the creative judicial genius that the Belgian judiciary developed a formal approach whilst deciding pragmatically on the substance of cases.

The Age of Segregation, 1900–1950

2020 ◽  
pp. 117-152
Author(s):  
Donald G. Nieman
Keyword(s):  
World War Ii ◽  
Civil Rights ◽  
Supreme Court ◽  
Federal Government ◽  
Communist Party ◽  
Jim Crow ◽  
World War ◽  
Civil Rights Organizations ◽  
The Supreme Court ◽  
The New Deal

This chapter argues that segregation generated organized opposition from African Americans and a small group of whites that challenged the system. Segregation was rigid, capricious, and designed to demonstrate white power. While it kept most blacks in menial positions, a small black middle class emerged that produced leaders who attacked Jim Crow. The organization leading the charge was the NAACP, which developed publicity, lobbying, and litigation campaigns. The effort gained steam in the 1930s, as a cadre of black lawyers challenged segregated education, the CIO and the Communist party championed civil rights, and the New Deal gave blacks a voice in federal policy. It further accelerated during World War II as the federal government challenged workplace discrimination, membership in civil rights organizations swelled, black veterans demanded their rights, and the Supreme Court became more aggressive on civil rights.

scholarly journals The Value of Information in the Court: Get it Right, Keep it Tight

2012 ◽  
Vol 102 (1) ◽  
pp. 202-237 ◽  
Author(s):  
Matias Iaryczower ◽  
Matthew Shum
Keyword(s):  
Decision Making ◽  
Supreme Court ◽  
Private Information ◽  
Value Of Information ◽  
Institutional Design ◽  
Specific Information ◽  
Quarter Century ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court

We estimate an equilibrium model of decision making in the US Supreme Court that takes into account both private information and ideological differences between justices. We measure the value of information in the court by the probability that a justice votes differently from how she would have voted without case-specific information. Our results suggest a sizable value of information: in 44 percent of cases, justices' initial leanings are changed by their personal assessments of the case. Our results also confirm the increased politicization of the Supreme Court in the last quarter century. Counterfactual simulations provide implications for institutional design. (JEL D72, D82, D83, K10)

The Fourth Amendment's Exclusionary Rule: Blurring the Line Between Rule and Exception

2012 ◽  
Vol 9 (2) ◽  
Author(s):  
Liz Heffernan
Keyword(s):  
United States ◽  
Supreme Court ◽  
Common Law ◽  
The United States ◽  
Deterrent Effect ◽  
Criminal Proceedings ◽  
Exclusionary Rule ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court

The admissibility of unlawfully obtained evidence in criminal proceedings has generated controversy throughout the common law world. In the United States, there has been renewed debate in recent years over the propriety of the judicially-created exclusionary rule as a remedy for violations of the Fourth Amendment guarantee against unreasonable searches and seizures. When defining the scope and purpose of the rule, the US Supreme Court has placed ever increasing emphasis on the likely deterrent effect which suppressing evidence will exert on law enforcement. This article explores the consequent restriction of the exclusionary rule evinced in the contemporary case law including United States v Herring in which the Supreme Court expanded the scope of the so-called "good faith" exception. In conclusion it offers reflection from the perspective of another common law country, Ireland, where the exclusion of unconstitutionally obtained evidence has been the subject of debate.

American Libraries and the US Federal Government: an overview of partnerships for enhanced resource access

2015 ◽  
Vol 29 (8) ◽  
pp. 2-6
Author(s):  
Bethany Latham
Keyword(s):  
Federal Government ◽  
Design Methodology ◽  
Government Agencies ◽  
Government Information ◽  
Digital Collections ◽  
Content Type ◽  
The Us ◽  
Us Government ◽  
Us Federal Government ◽  
Partnership Program

Purpose – This paper aims to explore the US Government Publishing Office’s (GPO) partnership program: what it is, how the GPO defines partnership, the types of institutions that are participating and the resources these institutions are making available through partnership. Design/methodology/approach – This paper reviews the available literature and information from the US GPO on its partnership program, examines the institutions contributing to the program and what those contributions entail, surveys the resources made available through these partnerships and examines how this affects access to government information. Findings – Partnership with the US GPO provides benefits to libraries, museums, government agencies and other entities, increasing discoverability and enhancing access to digital collections of government information and other resources. Originality/value – This paper examines the parameters of the US GPO’s partnership program, why libraries and other institutions might wish to partner with the GPO and the effect these partnerships have had on enhancing access to government information resources, an area that has not been extensively covered in library literature.

Canada asylum pressures may bring political friction

2018 ◽  
Keyword(s):  
United States ◽  
Federal Government ◽  
Asylum Seekers ◽  
The United States ◽  
Asylum Policy ◽  
Content Type ◽  
The Us ◽  
Us Government ◽  
Federal Politics

Subject Asylum-seekers and Canada. Significance After an uptick in asylum claims in recent months, including via the United States, asylum policy is likely to feature more heavily in Canadian state and federal politics. Impacts New migrant flows to Canada will likely be triggered as the US government reduces its grants of Temporary Protected Status. Quebec’s government will face off against the Ottawa federal government over responsibility for new migrant arrivals. Ottawa and Washington will likely eventually update the Safe Third Country Agreement, but this could require bargaining. Canada may invest more in border policing and associated technologies.

Concern will grow over extrajudicial killings in India

2020 ◽  
Keyword(s):  
Supreme Court ◽  
Federal Government ◽  
Uttar Pradesh ◽  
Police Violence ◽  
Content Type ◽  
Chief Minister ◽  
The Supreme Court ◽  
Extrajudicial Killings

Significance Meanwhile, extrajudicial killings frequently take place in staged police confrontations with suspected criminals. There has rarely been much effort by the judiciary to clamp down on unlawful police violence. Impacts Yogi Adityanath, chief minister of Uttar Pradesh state, may be a future prime ministerial candidate. Pressure will grow on parliament to pass anti-lynching legislation. The Supreme Court is unlikely to push back much on decisions made by the federal government.

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