Advocacy in Constitutional Choice: The Cramer Treason Case, 1942–1945

1986 ◽  
Vol 11 (3) ◽  
pp. 375-413
Author(s):  
J. Woodford Howard
Keyword(s):  
World War Ii ◽  
Supreme Court ◽  
War Powers ◽  
Total War ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
American Law ◽  
A Minor

How did advocacy at each level of the federal judiciary help shape the leading decision in American law of treason? This article, adapted from a forthcoming biography of Judge Harold R. Medina, is a case study based on Justice Department archives and the personal papers of Medina, Charles Fahy, and seven Supreme Court Justices. It analyzes the whole case, from the lawyers'standpoint, to illuminate the role of counsel in transforming a minor wartime incident into the first treason case decided on the merits by the Supreme Court and the tribunal's only decision during World War II to limit constitutional war powers. Accenting litigation strategy and the use of history in constitutional interpretation, it is a story also of the struggle by counsel on both sides of the case to uphold high professional standards amid the passions of total war.

scholarly journals The Contractual Principle of Good Faith and the Duty of Honesty in Bhasin v. Hrynew

2015 ◽  
Author(s):  
Shannon O'Byrne ◽  
Ronnie Cohen
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Good Faith ◽  
Contracting Out ◽  
Commercial Code ◽  
The Supreme Court ◽  
American Law ◽  
The Common

This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty — which Bhasin itself raises as a possibility — by assessing both Canadian and American law on point, including the Uniform Commercial Code. The article concludes that Bhasin’s largest and most lasting contribution is likely in how it expressly legitimates and defends the role of good faith in the common law of contract.

scholarly journals THE ROLE OF GUARDIAN FOR AN AGGRIEVED MINOR IN CRIMINAL PROCEEDINGS

Probacja ◽  
2021 ◽  
Vol 4 ◽  
pp. 13-30
Author(s):  
Izabela Urbaniak-Mastalerz
Keyword(s):  
Supreme Court ◽  
Court Decisions ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Starting Point ◽  
The Supreme Court ◽  
A Minor

The study presents the problem of the role of guardian for an aggrieved minor in criminal proceedings. The legal regulations and court decisions are indicated regarding the role of guardian for a minor. The author attempts to solve the problem of how the role of guardian for minors should be perceived, given the existing jurisprudence of the Supreme Court and common courts. The conclusions from the evaluation of the regulations and judgments, based on the available statistics, form the starting point for the assessment of the guardian’s capacities in legal proceedings.

scholarly journals The Meaning of 31 Words

2006 ◽  
Vol 12 ◽  
Author(s):  
Károly Pintér
Keyword(s):  
World War Ii ◽  
Public Attitudes ◽  
Public Life ◽  
Establishment Clause ◽  
World War ◽  
The Supreme Court ◽  
The One ◽  
Role Of Religion

In my essay, a case study of civil religion, I propose to examine both the history and evolution of the Pledge of Allegiance and the ultimate decision of the Supreme Court in terms of its constitutionality, as well as the remarkable dissents, using the famous notion of Robert N. Bellah. The Pledge case reveals the controversial legal as well as public attitudes towards the role of religion in American public life, especially the growing gulf between the predominantly separationist interpretation of the Establishment Clause by the Court since World War II, on the one hand, and the continuing strong role of religion in American public life, on the other.

Separation of Powers

2018 ◽  
pp. 77-81
Author(s):  
Eric M. Freedman
Keyword(s):  
Supreme Court ◽  
Separation Of Powers ◽  
Burden Of Proof ◽  
Checks And Balances ◽  
The United Kingdom ◽  
Government Power ◽  
The Supreme Court ◽  
American Law ◽  
Role Allocation

“Separation of powers” means: - “allocation of roles,” assigning government power to appropriate officials and - “checks and balances,” creating mutually-restraining branches. As the Supreme Court of the United Kingdom recognized in 2017 in the context of Brexit, British judges from the sixteenth century onwards enforced the concept of role allocation in many legal situations, including ones invalidating royal actions. The idea passed smoothly, almost silently, into American law. Specifically, the role of the Crown was such that, as a consequence of the legal principal “the King can do no wrong,” the sovereign could not cause a person to suffer a legal hardship unless it was one affirmatively permitted by law. This meant that in habeas cases, the burden of proof was on the jailer to demonstrate a right to detain the prisoner, not on the latter to demonstrate a right to freedom. Post-Independence courts acted accordingly.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

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