Tag Archives: due process

On This Date in Legal History

Gerald Gault and a friend allegedly made an obscene phone call to a neighbor. On June 8, 1964, both boys were taken into custody. After a hearing Gerald was committed to the State Industrial School until he was 21. His … Continue reading

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On This Date in Legal History

In 1977 Miami Beach policemen were charged with conspiracy to commit burglary, possession of burglary tools and grand larceny. They were accused of breaking and entering a restaurant. They tried to prevent televised coverage of their trial, but the Court ruled … Continue reading

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On This Date in Legal History

Gerald Gault and a friend allegedly made an obscene phone call to a neighbor. On June 8, 1964, both boys were taken into custody. After a hearing Gerald was committed to the State Industrial School, as a juvenile delinquent, until … Continue reading

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On This Date in Legal History

In 1924 the superintendent at Virginia’s State Colony for Epileptics and Feeble Minded sought to forcibly sterilize Carrie Buck under the state’s eugenics sterilization law.  At the time she was 18 years old and described as feeble-minded. Her mother was also under … Continue reading

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On This Date in Legal History

On April 21, 1976, the United States Supreme Court heard oral arguments in the case of Meachum v. Fano. State prisoners, who were believed to be disruptive, sued to prevent their transfer to a less desirable facility. The issue on … Continue reading

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On This Date in Legal History

On this date in 1905 the United States Supreme Court decided the landmark case of Lochner v. New York. Joseph Lochner was the owner of a bakery in Utica, New York. He was arrested after permitting one of his bakers to … Continue reading

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On This Date in Legal History

The 5th Amendment states private property can’t “be taken for public use, without just compensation.”  In 1822 John Barron brought a lawsuit against the City of Baltimore claiming their actions caused him to lose the use of his wharf— violating … Continue reading

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On This Date in Legal History

On February 10, 1947, the United States Supreme Court decided Everson v. Board of Education of the Township of Ewing. A taxpayer, Everson, sued the government claiming it was unconstitutional to use tax money to reimburse bus fare of parochial … Continue reading

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On This Date in Legal History

On this date in 1965 the United States Supreme Court decided Estes v. Texas. Billy Estes was arrested for swindling. His criminal pre-trial hearing, and later his trial, drew much publicity so he asked the Court to ban the media … Continue reading

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In The News This Week

A criminal defendant sentenced to death in Virginia is automatically assigned to “death row” at Sussex 1 State Prison. The State forecloses alternative housing arrangments for those convicted of capital murder. On death row prisoners are assigned to single cells. … Continue reading

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The Right to Counsel at a Criminal Trial Didn’t Always Exist

On this day in 1963, the United States Supreme Court heard oral arguments regarding whether a criminal defendant has a constitutional right to counsel.  Clarence Earl Gideon was accused of breaking and entering into a poolroom to commit a misdemeanor. … Continue reading

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How Much Can Music Piracy Cost You?

A defendant illegally downloaded and distributed music even though his father, his college and recording companies, warned him against it. The recording companies sued him for violating their copyright on thirty songs.  At trial the jury was instructed that the … Continue reading

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Is Grading a Student On a Curve Unconstitutional?

Two first-year law students sued their school after being expelled.  They received failing grades in their contracts class, and as a consequence, didn’t maintain above the (required) 2.0 (or “C”) grade point average.  They alleged their contract grades were so … Continue reading

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Can a School System Constitutionally Require Children to be Immunized?

Plaintiffs sued various West Virginia state and county officials alleging their constitutional rights were violated. The defendants refused to enroll student, M.W., into their public school since she was not immunized for diphtheria, polio, rubeola, rubella, tetanus, and whooping cough. … Continue reading

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