Court Cases LEGL 2700 Hackleman
Terms in this set (20)
Marbury v. Madison
Judicial review was established in this 1803 Supreme Court case under Chief Justice John Marshall.
Tinker v. Des Moines
Students have the right to symbolic speech at school as long as it is not disruptive. Students do not shed their constitutional rights at the schoolhouse gates.
Wichard v. Filburn
Through the Commerce Clause, Congress may regulate anything that has a substantial effect on the economy, even if it is indirect.
Roe v. Wade
The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.
Spokeo v. Robins
case on standing ; this was the case with the spokeo inc saying robins had a family etc. and it wasn't true. Robins alleged that the fictitious details violated the Fair Credit Reporting Act and made him appear over qualified for job positions and as such was hindering his job search. Supreme Ct ruled that Robin did not have injury in fact, thus his case could not proceed.(someone else can add to this)
National Federation of Independent Business v. Sebelius
upheld the individual mandate through the government's ability to tax, but not the medicaid expansion because it forced coercion
Mayer v. Belichick
Mayer, a jets season ticket holder, filed a complaint that the patriots were videoing jets coaching signals, court ruled that mayer did not have legally cognizable right or interest for the case and defendants (the patriots) motion to dismiss was granted (standing to sue issue). The court was worried that ruling in his favor would lead to a slippery slope of similar lawsuits.
Batson v. Kentucky
(1986) cannot strike someone from a jury based on race
JEB v. Alabama
Supreme court case that ruled premptory challenges can not be used for gender
Gibbons v. Ogden
Regulating interstate commerce is a power reserved to the federal government
Chaplinksy v. State of New Hampshire (1942)
courts articulated the "fighting words doctrine" = the limitation of the 1st amendment's freedom of speech
Brandonburg v. Ohio (1969)
KKK Fighting words case. Two pronged test to evaluate speech acts (1) "directed at inciting or producing imminent lawless action" (2) "likely to incite or produce such action"
Snyder v. Phelps (2011)
Speech on a public sidewalk, about a public issue, is protected, even if the speech is found to be "outrageous" and causes emotional distress. (this was the case with picketing at a funeral)
District of Colombia v. Heller
Supreme Court held that the 2nd Amendment protects an individual's right to possess a firearm for traditionally lawful purposes such as self-defense in the home
Chamber of Commerce vs. Whiting
ruled that the federal immigration law does not preempt the arizona state law for hiring immigrants illegally
Brown v. Entertainment Merchants Association
California Law banning violent videos games unconstitutional
Kelo vs. City of New London (2005)
Eminent domain case: Local governments may force the sale of private property and make way for private economic development when officials decide it would benefit the public. Taking private property for the purpose of economic development satisfies the public use requirement of the 5th Amendment.
Walmart Stores, Inc v. Dukes
Class action lawsuit filed on behalf of female employees at Walmart suing for gender discrimination with pay and promotions. Class certification denied - insufficient commonality
Burwell v. Hobby Lobby
exemptions for 'closely held' religious beliefs of corporations regarding denial of health coverage for contraception
Miller v. California
A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.