The Republicans in Arizona think that the immigration law protects citizens and abides by the Fourteenth Amendment of the Constitution. But theJFourteenth Amendment to the Constitution is not only confined to the protection of citizens. It says: "Nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law." These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or nationality; and the equal protection of the law is a pledge of the protection of equal laws. Applying this reasoning to the Fifth and Sixth Amendments, it must be concluded that all persons within the territory o...
..."Other Supreme Court cases on First Amendment rights repeatedly refer t...
... aiding a suicide does not violate the Due Process Clause of the Fourteenth Amendment. Chief Lawyer f...
Crim.R. 11 plea agreement; defendant had 3 felony cases pending, and the court held one change of plea hearing to dispose of the 3 cases; neither Crim.R. 11 nor due process requires a court to hold separate plea hearings to resolve multiple plea agreements pending for a single defendant; no prejudice found where trial court failed to ask defendant whether she understood that the case could immediately proceed to sentencing upon the courts acceptance of the plea.
Recent cases decided by the US Tax Court have established its jurisdiction over Collection Due Process (CDP) cases that involve taxpayers/debtors filing bankruptcy. In Prevo v Comm'r, the IRS issued to the taxpayer a Notice of Intent to Levy, as required by IRC section 6330(a)(l), for an outstanding tax liability owed on a number of years. In Catherine Beverly v Comm'r, the IRS issued the taxpayer a Notice of Intent to Levy for unpaid taxes. The key issues with respect to these cases are whether the taxpayer is entitled to both a CDP hearing and a bankruptcy hearing simultaneously, and, if so, whether bankruptcy proceedings are coordinated with CDP hearings as they are with other tax-related proceedings. Under the the Prevo and subsequent Beverly decisions, it appears that a taxpayer is...
... of one of the more politically divisive cases of the nineteenth century. Under common law, free ..., Chief Justice Taney, writing for the Court, ruled that this rule did not apply to freed slave...
The US Supreme Court has been reluctant to allow due process challenges to punitive damage awards. Cases the court has heard on the subject have included Pacific Mutual Life Insurance Co v. Haslip, TXO Production Corp v. Alliance Resources Corp and, most recently, Honda Motor Co v. Oberg. In Oberg, the court cited procedural reasons to reverse such a challenge, acknowledging that excessive verdicts were a possibility but refusing to set standards on excessiveness. Since the court is unwilling to set a standard, state legislatures may be the best hope for punitive damages reform.
During dramatic Supreme Court oral arguments Tuesday, two veteran appellate litigators - who combined have argued more than 115 cases before the Court - tackled principles of campaign contributions, due process and the appearance of bias in state courts helmed by elected judges. Theodore Olson, a former U.S. solicitor general and now a partner in Gibson Dunn's Washington office, tried to persuade the justices that an elected West Virginia state judge who refused to sit out a case involving his chief campaign financer violated not only the Due Process Clause, but also age-old principles of fairness.
More importantly, the 14th defined citizenship by birth, "equal protection of the laws" "and that no state could "deprive any person life, liberty or property, without due process of law." The Supreme Court solidly backed these amendments in the 1870s Slaughterhouse Cases that ruled that laws apply equally to all and that the law could show no favoritism. Also, the proposed initiative would "limit welfare payments for the (American citizen) children of undocumented immigrants, as well as require that any application for public benefits submitted by illegal immigrants be handed over to federal authorities." No federal law requires such information of any other parent thus as most benefits are federally financed, this proposal is illegal. It is also illegal because it targets a "class" of...
In answer to your July 3,2008, article, "ACS responds to critics, Part 1," here is a critic's response to ACS. I am sure Sharman Stein from ACS is a fine person doing her public relations job and being paid to defend ACS, but let's look at the facts. She begins by comparing ACS reasons to police reasons to intervene. I want to point out that in the same way as there is police brutality, there is ACS brutality, and ACS brutality is much, much worse. She says, "We take steps to help a parent fix the problem." Ask parents and they will tell you that this is not accurate, but rather a public relations spin or a cruel joke. After the tragic death of Nizxmary Brown, the "removals" almost doubled. How can ACS explain that all of a sudden parents started abusing their children at a double rate?...
...[on] the unconditional support of the Family Court judges who are appointed by the mayor and who work...There is no jury trial or due process in Family Court, and a generous estimate is that pparents win about two cases out of every 1,000 in a Family Court 1028 hearing....
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