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The issue for the Supreme Court in Dolan v. City of Tigard was whether the conditions the city placed on Dolan’s permit constituted an uncompensated taking of property in violation of the Fifth and Fourteenth Amendments.
Bakke was a landmark case that effectively ended the use of racial quota systems for affirmative-action purposes. However, some 25 years later, the Court upheld a law-school admissions policy that considered race as merely one factor among many.
In the case of Loving v. Virginia, 388 U.S. 1 (1967), the United States Supreme Court considered whether state laws prohibiting marriages on the basis of race violated the Fourteenth Amendment.
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 To facilitate that, President Carter unilaterally rescinded a defense treaty between the United States and Taiwan.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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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 $29 value)
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 $29 value)
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 $29 value)
Before the Bar is the blog of the ABA Law Student Division. It brings together a diversity of opinions, experiences, and voices from those associated with the law anywhere in the world and is targeted to law students, current, past and future.
Unless stated, the opinions shared by our writers do not reflect the official position of the American Bar Association.
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