Cato Supreme Court Review: 2002-2003Born in a high mountain holler, Emerald has inherited the Healer's abilities passed down through her mother's generations. She loves her home and is learning the Healer's ways when her father decides to uproot the family. Leaving their generations behind, they wander north to look for work. A journey through childhood that will touch your heart and cling to your spirit. |
Contents
| 7 | |
| 21 | |
Principle and Policy in Public University Admissions Grutter v Bollinger Gratz v Bollinger | 43 |
Nike v Kasky and the Definition of Commercial Speech | 63 |
Cross Burning Symbolic Speech and the First Amendment Virginia v Black | 81 |
A Missed Opportunity for the Supreme Court to Clarify Application of First Amendment Law to Publicly Funded Expressive Institutions | 105 |
Eldred v Ashcroft and the Logic of a Written Constitution | 131 |
The Conservative Split on Punitive Damages State Farm Mutual Automobile Insurance Co v Campbell | 159 |
Searching for Corruption in All the Wrong Places | 187 |
Much Ado about Nothing? | 223 |
IOLTA Brown v Legal Foundation of Washington and the Taking of Property without the Payment of Compensation | 245 |
October Term 2003 | 271 |
Contributors | 283 |
Common terms and phrases
American Library Association applied argued argument authority Beaumont Breyer Buckley California campaign finance candidate Cato Cato Institute Chief Justice CIPA citing client commercial speech compelling concurring Congress congressional constitutionality contributions Copyright Clause copyright terms corporate corruption cross burning CTEA decision discrimination dissenting doctrine Due Process Clause existing copyrights expression Farm Federal Election Commission filters Footnote Four Fourteenth Amendment funds Ginsburg Grutter Hibbs individual interest Internet access IOLTA accounts issue judicial Justice O'Connor justify Kasky Klan Law School lawyers legislative legislatures liberty limited ment Nike Nike's opinion plurality political principle prohibited promote the Progress protected public forum public libraries punitive damage awards punitive damages question racial reason regulation Rehnquist requires restrictions Roger Pilon rule S.Ct Scalia scrutiny Souter sovereign immunity state's statute substantive Texas Thomas tion U.S. Supreme Court unconstitutional United violated Virginia Washington written constitution
Popular passages
Page 28 - It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation.
Page 12 - Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void...
Page 26 - It is enough that there is an evil at hand for correction, and that it might be thought that the particular legislative measure was a rational way to correct it.
Page 30 - The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.
Page 12 - That the people have an original right to establish for their future government such principles as in their opinion shall most conduce to their own happiness is the basis on which the whole American fabric has been erected.
Page 30 - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment....
Page 28 - ... prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondinglymore searching judicial inquiry.