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Local governments may act to protect sites with historical, cultural, or other significance by designating those places landmarks. In so doing, governments are able to preserve those properties for future generations, but landmark designations restrict the rights of property owners. The case of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), exemplifies this tension.
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In the case of Hammer v. Dagenhart, 247 U.S. 251 (1918), a cotton-mill owner who employed his two sons at the mill sued to challenge the law, arguing that Congress lacked power under the Commerce Clause to pass it.
David Lucas bought two beachfront lots on the South Carolina coast. Lucas planned to build houses on each parcel. But before Lucas could start work on the build, the State of South Carolina passed a regulation prohibiting permanent residential development on the land.
In the 1970s, President Jimmy Carter hoped to establish a treaty with the People’s Republic of China. To facilitate that, President Carter unilaterally rescinded a defense treaty between the United States and Taiwan. A group of senators, including Senator Barry Goldwater, were incensed by the president’s action and filed suit.
In 1993, Congress passed a federal gun-control measure known as the Brady Handgun Violence Prevention Act. The act required background checks for anyone who wanted to purchase a firearm.
Barbara Grutter was a successful business owner with excellent academic credentials. In 1997, Grutter applied to the University of Michigan Law School. Grutter was ultimately rejected from the program. Grutter, who was white, argued that the denial amounted to racial discrimination.
In 1994, Congress enacted the Violence Against Women Act. In the two years leading up to the act’s passage, Congress had numerous hearings and made extensive factual findings that gender-motivated violence substantially affected interstate commerce.
Congress passed the Religious Freedom Restoration Act (RFRA) to prohibit federal and state governments from passing laws that substantially burden a person’s free exercise of religion. The act was intended to affect any law that substantially burdened religious practice, including generally applicable laws not targeted at religious activity.
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The Fifth Amendment Takings Clause forbids the government from taking private property for public use without just compensation. For example, the government might exercise its eminent-domain authority to take a private landowner’s property for the purpose of building a public road. In that situation, the Fifth Amendment obligates the government to pay a fair price to the landowner.
Texas v. Johnson, 491 U.S. 397 (1989), was a landmark victory for free speech. Nevertheless, the issue remains hotly contested. As recently as 2006, Congress very nearly succeeded in amending the Constitution to ban flag burning.
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This is the latest in a series of Quimbee.com case brief videos. Have you signed up for your Quimbee membership? The American Bar Association offers three months of Quimbee study aids (a $72 value) for law student members. And if you go Premium, you’ll receive Quimbee Legal Ethics Outline (a
Perhaps no United States Supreme Court case has invaded popular culture so deeply as Miranda v. Arizona, 384 U.S. 436 (1966). These days, a perp doesn’t get led off screen without a recitation of those iconic words: “You have the right to remain silent.”
Paul Robert Cohen showed up in the Los Angeles County Courthouse wearing a jacket emblazoned with the words: “Fuck the Draft.” Women and children were present in the courthouse, and the words were clearly visible on Cohen’s jacket.
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This is the latest in a series of Quimbee.com case brief videos. Have you signed up for your Quimbee membership? The American Bar Association offers three months of Quimbee study aids (a $72 value) for law student members. And if you go Premium, you’ll receive Quimbee Legal Ethics Outline (a
This is the latest in a series of Quimbee.com case brief videos. Have you signed up for your Quimbee membership? The American Bar Association offers three months of Quimbee study aids (a $72 value) for law student members. And if you go Premium, you’ll receive Quimbee Legal Ethics Outline (a
The Gun-Free School Zones Act of 1990 made the knowing possession of a firearm in a school zone a crime under federal law.
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This is the latest in a series of Quimbee.com case brief videos. Have you signed up for your Quimbee membership? The American Bar Association offers three months of Quimbee study aids (a $72 value) for law student members. And if you go Premium, you’ll receive Quimbee Legal Ethics Outline (a
When Ed Plaut bought shares in a Kentucky horse farm in 1983, he couldn’t have known that he would wind up at the intersection of a power struggle between two branches of government. But that’s exactly what happened in the case of Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995).
Few institutions in government have enjoyed as much prestige and deference as the United States Supreme Court. Nevertheless, over the years, the Court has handed down a few decisions that can only be described as “self-inflicted wounds.” The 1896 case of Plessy v. Ferguson, 163 U.S. 537, can certainly be included among them.
Few Supreme Court cases in recent history have garnered as much attention—or generated as much controversy—as Citizens United v. Federal Election Commission.
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