query: what is the most fundamental source of law in the united states

pos: Law of the United States Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States. The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they

pos: United States Constitution Court, say "what the law is". Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land. First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution. Until the twentieth century, the Supreme Court of the United States may have been the only high tribunal in the world to use a court for constitutional interpretation of fundamental law, others generally depending on their national legislature. The basic theory of American Judicial review is summarized

pos: Public law what are the basic human rights, which must be protected for every person, and what further civil and political rights citizens have, it sets the fundamental borders to what "any" government must and must not do. In most jurisdictions, constitutional law is enshrined in a written document, the Constitution, sometimes together with amendments or other constitutional laws. In some countries, however, such a supreme entrenched written document does not exist for historical and political reasons – the Constitution of the United Kingdom is an unwritten one. Administrative law refers to the body of law which regulates bureaucratic managerial procedures and

pos: United States constitutional law United States constitutional law United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution. United States constitutional law defines the scope and application of the terms of the Constitution. It covers areas of law such as the relationship between the federal government and state governments, the rights of individuals, and other fundamental aspects of the application of government authority in the United States. It is a field of law that is broad and complex. Some constitutional scholars maintain that the authors of the Constitution intended that it be vague and subject

pos: Constitution of Singapore source of legally binding constitutional law consists of the body of case law decided by the courts interpreting the Constitution, and laying down fundamental constitutional principles which are not expressly mentioned in the Constitution. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation, and judicial review of administrative acts. Regarding the former, Article 4 of the Constitution states: "This Constitution is the supreme law of the Republic of Singapore and any law enacted by the

pos: Capital punishment in Pakistan one that may be instructed by a court for crimes of suitable severity, as seen above this is a perfectly painted picture of what the Constitution does. Although murder is deemed as a big sin in most religion, it is also punishable by death in many countries including Pakistan. The crucial point to note is that one may take a life “by way of justice and law” in Islamic teachings and belief. Henceforth why most Islamic states will continue to allow capital punish clauses in their fundamental documents. As the death penalty can only be applied by the court as

pos: Judicial review in the United States judicial power in Article III state: The Supremacy Clause of Article VI states: The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States. Federal statutes are the law of the land only when they are "made in pursuance" of the Constitution. State constitutions and statutes are valid only if they are consistent with

pos: United States obscenity law United States obscenity law United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity revolves around what constitutes pornography and of censorship, but also raises issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate

pos: Implications of Puerto Rico's current political status its coverage is irrevocable. 'To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this Court, say "what the law is." '. Other fundamental rights such as the Eleventh Amendment and the Dormant Commerce Clause were expressly extended by the United States Court of Appeals for the First Circuit, and the First Amendment, Fourth Amendment, Fifth Amendment, the due process clause and the equal protection guarantee of the Fourteenth Amendment were expressly extended to Puerto Rico by the U.S. Supreme Court. In a brief concurrence in

pos: Ideological restrictions on naturalization in U.S. law the basic form of government of the United States, or who disbelieve in the principles of the Constitution." Even still, the ideological requirement is "nebulous"; it begs the questions of what the "basic form of government of the United States" is and what the key "principles of the Constitution" are to which the applicant must subscribe. In "Schneiderman v. United States", the case to develop the attachment requirement in the most detail, the court evaluated the circumstances of a young man whose naturalization was allegedly fraudulent for his failure to satisfy the attachment requirement. The man had been a member

pos: United States v. Wong Kim Ark apply to him. An act of Congress, they held, does not trump the Constitution; such a law "cannot control [the Constitution's] meaning, or impair its effect, but must be construed and executed in subordination to its provisions." The majority opinion referred to "Calvin's Case" (1608) as stating the fundamental common law principle that all people born within the King's "allegiance" were subjects, including children of "aliens in amity". Chief Justice Melville Fuller was joined by Associate Justice John Harlan in a dissent which, "for the most part, may be said to be predicated upon the recognition of the international law

neg: Law of the United States American lawyers draw a fundamental distinction between procedural law (which controls the procedure followed by courts and parties to legal cases) and substantive law (the actual substance, or principles of law, which is what most people think of as law). Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration, but torts (see below) cannot. The majority of the crimes committed in the United States

neg: Constitutional law statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, such as the United States, India, and Singapore, constitutional law is based on the text of a document ratified at the time the nation

neg: Grey market of society and are therefore against the very idea of intellectual property, which forms the basis of arguments against the grey market. Proponents of the corporate financial system, in agreement, assert that the enforcement of intellectual property can lead to a 'lessening of composing effort'. The grey market has been a constant source of litigation and appeals in the United States. The same fundamental question arises under patent law and copyright law, namely whether or not a good sold abroad lawfully is still protected by United States intellectual property law for the purposes of resale. When purchased domestically, a copyrighted

neg: Shield laws in the United States source later denied making the defamatory statements. The plaintiff filed a defamation lawsuit against the newspaper, the reporter and the alleged source of the defamatory statements. When the plaintiff sought to question the newspaper reporter about the article, the reporter and his newspaper refused, claiming protection under New Jersey's shield law. It was discovered, however, that the reporter had already given a statement under oath concerning the article—and, most important, the alleged source of the statement and exactly what that source said—to a local county prosecutor's office. The reporter also talked about his source and what the source said with

neg: Gun politics in the United States Break: Rights-based arguments involve the most fundamental question about gun control: to what degree the government has the authority to regulate guns. The primary author of the United States Bill of Rights, James Madison, considered them — including a right to keep and bear arms — to be "fundamental." In 1788, he wrote: "The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion." The view that gun ownership is a fundamental right was affirmed by

neg: Marriage in the United States marriage: common-law marriage and obtaining a marriage license. Common-law marriage is no longer permitted in most states. Though federal law does not regulate state marriage law, it does provide for rights and responsibilities of married couples that differ from those of unmarried couples. Reports published by the General Accounting Office in 1997 and 2004 identified over 1000 such laws. The United States Supreme Court has in at least 15 cases since 1888 ruled that marriage is a fundamental right. These cases are: The age at which a person can marry varies by state. The marriage age is generally 18 years,

neg: Fundamental error fundamental error occurs where a defendant stands convicted of conduct that is not criminal. If a defendant is convicted and punished for act that law does not make criminal, it "inherently results in a complete miscarriage of justice" and presents "exceptional circumstances" which justify collateral relief. Fundamental error Fundamental error is a legal term provided by United State Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the

neg: The Lexington Principles on the Rights of Detainees nearly as extensive as those offered to U.S. citizens in the United States, but at a minimum they would ensure that the most fundamental due process rights are always afforded in all instances where a human being is detained by the U.S. government for any reason anywhere in the world. Physical liberty is a fundamental human right and may not be denied to any person without due process of law. The fundamental protections inherent in the right to due process of law are universal and apply in all situations where a person has been detained by a State or its

neg: Cooper v. Oklahoma to vindicate the State's interest in prompt and orderly disposition of criminal cases." The court found most states uses a burden of proof far lower, or imposed no burden of proof at all, once the competency question is raised. The American Academy for Psychiatry and the Law unofficially considers this decision a landmark case in competency to stand trial case law. The court stated that no one questions the fundamental right of competency to stand trial. As established in "Dusky v. United States", a defendant has a fundamental right not to be put to trial unless he has "sufficient present

neg: Fundamental error Fundamental error Fundamental error is a legal term provided by United State Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the U.S. Supreme Court. State courts within the United States may define fundamental error rules independently of the federal courts. State fundamental error rules may include errors which violate rights in additional to those rights guaranteed by the U.S. Constitution, but these rules may not infringe upon

neg: Liberalism in the United States Liberalism in the United States Liberalism in the United States is a broad political philosophy centered on what many see as the unalienable rights of the individual. The fundamental liberal ideals of freedom of speech, freedom of the press, freedom of religion for all belief systems, and the separation of church and state, right to due process, and equality under the law are widely accepted as a common foundation across the spectrum of liberal thought. Modern liberalism in the United States includes issues such as same-sex marriage, reproductive and other women's rights, voting rights for all adult citizens, civil rights,

neg: Scull v. Virginia ex rel. Committee on Law Reform & Racial Activities New Jersey", 306 U.S. 451 [1939], "Jordan v. De George", 341 U.S. 223 [1951], "Watkins v. United States", 354 U.S. 178 [1957], "Flaxer v. United States", 358 U.S. 147 [1958]) that "fundamental fairness" required that a reasonable certainty exist as to what crime an individual might be committing. Relying on "Winters v. New York", 333 U.S. 507 (1948), Black concluded that such certainty is "essential" when individuals are asked to give up their freedom of speech, freedom of the press, and freedom of association out of a fear of violating a vague law. But the "far too wavering, confused and

neg: United States corporate law and be sued. The federal government does not charter corporations (except National Banks, Federal Savings Banks, and Federal Credit Unions) although it does regulate them. Each of the 50 states plus DC has its own corporation law. Most large corporations have historically chosen to incorporate in Delaware, even though they operate nationally, and may have little or no business in Delaware itself. The extent to which corporations should have the same rights as real people is controversial, particularly when it comes to the fundamental rights found in the United States Bill of Rights. As a matter of law, a corporation

neg: Right to keep and bear arms in the United States Right to keep and bear arms in the United States The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares: In the United States, which has an English common law tradition, the concept of a right to keep and bear arms was recognized prior to the creation of a written national constitution. When colonists in the Thirteen Colonies rebelled against British control during the American Revolution they

neg: United States environmental law and Lewis & Clark Law School are regularly the most-cited such publications. International environmental lawyers often receive specialized training in the form of an LL.M. degree at US institutions, after having a first law degreeoften in another country from where they got their first law degree. United States environmental law United States environmental law concerns legal standards to protect human health and improve the natural environment of the United States. While subject to criticism at home and abroad on issues of protection, enforcement, and over-regulation, the country remains an important source of environmental legal expertise and experience. The United States

neg: Public interest law visibly and hotly debated within American society at that time. They defined themselves as public interest lawyers in order to distinguish themselves from the “corporate adjuncts” referred to by Brandeis. Summing up the movement's history in the United States, Stanford University Law Professor Deborah Rhode writes: "Public interest lawyers have saved lives, protected fundamental rights, established crucial principles, transformed institutions, and ensured essential benefits for those who need them most...In virtually every major American social reform movement of the last half century, public interest lawyers have played an important role." Public interest law is institutionalized in the United States(USA). Nongovernmental

neg: Open primaries in the United States Amendment from abridgment by Congress-are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States." This constitutionality raises a problem. The most popular alternative to the open primary is the closed primary. However, a mandatory closed primary can also be unconstitutional. In "Tashjian v. Republican Party of Connecticut", the United States Supreme Court determined that Connecticut's closed primary law was unconstitutional. The Connecticut closed primary law "[required] voters in any political party primary to be registered members of that party". The Republican Party of Connecticut, however, wanted to

neg: Unincorporated territories of the United States Unincorporated territories of the United States Under United States law, an unincorporated territory is an area controlled by the United States government which is not part of (i.e., "incorporated" in) the United States. In unincorporated territories, the U.S. Constitution applies only partially. In the absence of an organic law, a territory is classified as unorganized. In unincorporated territories, "fundamental rights apply as a matter of law, but other constitutional rights are not available". Selected constitutional provisions apply depending on congressional acts and judicial rulings according to U.S. constitutional practice, local tradition, and law. There are currently 13 unincorporated territories, comprising

neg: Antelope Hills expedition the most severe punishment (kill them and their families, destroy their homes and food supplies) and allow no interference from "any source". ("Any source" meant the United States, whose Army and Indian Agents might try to enforce federal treaties and federal law against trespassing on the Indian territories in Oklahoma). Scouts were sent to locate Comanche camps north of the Red River in the Comancheria. In April 1858 Ford established Camp Runnels near what used to be the town of Belknap. Ford and Placido were determined to follow the Comanche and Kiowa up to their strongholds amid the hills of

neg: Placido (Tonkawa leader) "kill their warriors, decimate their food supply, strike at their homes and families and generally destroy their ability to make war." In April 1858, Ford established Camp Runnells near what used to be the town of Belknap. Ford, still operating under Governor Runnell's explicits orders to "follow any and all trails of hostile and suspected hostile Indians, inflict the most severe and summary punishment," and to "allow no interference from any source." (That source was interpreted to mean the United States, whose Army and Indian agents might try to enforce federal treaties and federal statutory law against trespassing on the

neg: Sterilization law in the United States parents support their children. Sterilization law in the United States Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction. Buck v. Bell, , is a decision of the United States Supreme Court, written

neg: Sterilization law in the United States Sterilization law in the United States Sterilization law is the area of law, within reproductive rights, that gives a person the right to choose or refuse reproductive sterilization and governs when the government may limit this fundamental right. Sterilization law includes federal and state constitutional law, statutory law, administrative law, and common law. This article primarily focuses on laws concerning compulsory sterilization that have not been repealed or abrogated and are still good laws, in whole or in part, in each jurisdiction. Buck v. Bell, , is a decision of the United States Supreme Court, written by Justice Oliver Wendell

neg: Property law forbidding abortion, or restricting access to birth control. A woman's right to control her body during pregnancy or possible pregnancy – what work she does, what food or substances she ingests, other activities she engages in – have also frequently been subject to restrictions by many other parties; in response, a number of countries have passed laws banning pregnancy discrimination. English judges have recently made the point that such women lack the right to exclusive control over their own bodies, formerly considered a fundamental common-law right. In the United States, a "quasi-property" interest has been explicitly declared in the dead

neg: Espionage injury of the United States or to the advantage of any foreign nation". "Black's Law Dictionary" (1990) defines espionage as: "... gathering, transmitting, or losing ... information related to the national defense". Espionage is a violation of United States law, and Article 106a of the Uniform Code of Military Justice". The United States, like most nations, conducts espionage against other nations, under the control of the National Clandestine Service. Britain's espionage activities are controlled by the Secret Intelligence Service. A spy is a person employed to seek out top secret information from a source. Within the United States Intelligence Community,

neg: Asymptotic equipartition property Asymptotic equipartition property In information theory, the asymptotic equipartition property (AEP) is a general property of the output samples of a stochastic source. It is fundamental to the concept of "typical set" used in theories of compression. Roughly speaking, the theorem states that although there are many series of results that may be produced by a random process, the one actually produced is most probably from a loosely defined set of outcomes that all have approximately the same chance of being the one actually realized. (This is a consequence of the law of large numbers and ergodic theory.) Although there

neg: Campaign finance in the United States law in the United States changed drastically in the wake of two 2010 judicial opinions: the Supreme Court’s decision in "Citizens United v. FEC" and the D.C. Circuit Court of Appeals decision in "SpeechNow.org v. FEC". According to a 2011 Congressional Research Service report, these two decisions constitute “the most fundamental changes to campaign finance law in decades.” "Citizens United" struck down, on free speech grounds, the limits on the ability of organizations that accepted corporate or union money from running electioneering communications. The Court reasoned that the restrictions permitted by "Buckley" were justified based on avoiding corruption or the

neg: Negotiations between the Taliban and the United States Omar. It ruled Afghanistan from 1996 until 2001 when the US-led invasion of Afghanistan toppled the regime accused of aiding and providing refuge to Osama bin Laden The group believes in Islamic Law, the fundamental reservoir of which Islamic rulings are derived from, combined with their Pushtan social and cultural norms as the source of societal governance. Their rulings and teachings are seen by some as a strict interpretation of Islamic Law. The group's ideology has transformed over the past two decades to a closer form of political Islam to integrate into the Afghan society to exert some amount of

neg: International regime among countries, regimes provide an important source of formal international law. Regimes themselves can also be subjects of international law. Insofar as they shape the behavior of states, the most influential regimes can also be a source of customary international law. In this light, some liberal scholars see in regimes the early seeds of peaceful world governance, in the vein of philosopher Immanuel Kant's idea of perpetual peace through a federation of world's states. Critics of regimes deplore their influence as a source of additional conflict or inefficiency in world politics. The security regime organized around the United Nations Security

neg: Freedom of movement under United States law Freedom of movement under United States law Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." Since the circuit court ruling in "Corfield v. Coryell," 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In "Paul v. Virginia," 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from

neg: Constitution operated under the principle of parliamentary sovereignty under which the laws passed by United Kingdom Parliament could not be questioned by the courts. "Judicial philosophies of constitutional interpretation (note: generally specific to United States constitutional law)" Constitution A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. "constitute", what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a "written" constitution; if they are written down in

neg: Mixed waste (radioactive/hazardous) Mixed waste (radioactive/hazardous) According to the United States Environmental Protection Agency, mixed waste (MW) is a waste type defined as follows; "MW contains both hazardous waste (as defined by RCRA and its amendments) and radioactive waste (as defined by AEA and its amendments). It is jointly regulated by NRC or NRC's Agreement States and EPA or EPA's RCRA Authorized States. The fundamental and most comprehensive statutory definition is found in the Federal Facilities Compliance Act (FFCA) where Section 1004(41) was added to RCRA: "The term 'mixed waste' means waste that contains both hazardous waste and source, special nuclear, or byproduct

neg: Busking (U.S. case law) Busking (U.S. case law) In the United States there have been numerous legal cases about regulations and laws that have decided the rights of buskers to perform in public. Most of these laws and regulations have been found to be unconstitutional when challenged. In the US, free speech is considered a fundamental right of every individual, guaranteed by the First and Fourteenth constitutional amendments, and in the majority of legal cases it has been concluded that practicing artistic free speech is legal. Busking is legally considered to be artistic free speech and clearly not panhandling or begging. In the United

neg: Geographical indication is opposed by other governments including the United States who question the need to extend the stronger protection of Article 23 to other products. They are concerned that Article 23 protection is greater than required, in most cases, to deliver the consumer benefit that is the fundamental objective of GIs laws. One reason for the conflicts that occur between the European and United States governments is a difference in philosophy as to what constitutes a "genuine" product. In Europe, the reigning theory is that of "terroir," that there is a specific property of a geographical area, and that dictates a

neg: Assaulting, resisting, or impeding certain United States Government officers or employees Assaulting, resisting, or impeding certain United States Government officers or employees Assaulting, resisting, or impeding certain United States Government officers or employees is an offense under . Simple assault is a class A misdemeanor, but if physical contact occurs, the offense is a class D felony. If a deadly weapon is used or bodily injury is inflicted, it is a class C felony. Threatening the government officials of the United States, particularly law enforcement officers, can in some cases fall under this statute. It has been argued that the fundamental aim of this law was not to protect individual governmental

neg: Southern Negro Youth Congress withstand as well as the times that occurred post World War II. The United States was undergoing what later became known as the Cold War and this led to heightened racial tension and encouraged local and national law enforcement agencies to increase the surveillance of radical and subversive organization. According to the United States Attorney General, Tom Clark, the Southern Negro Youth Congress appeared as a subversive organization. The Southern Negro Youth Congress was based on two fundamental objectives which were to democratize the South and to provide equal opportunities to its residents and although the Southern Negro Youth Congress

neg: Classical Hindu law not Vedic scholars. Over time, merchant leaders, heads of caste, and community leaders became the true sources of ācāra and therefore, also became the primary source for rulings within the Hindu law tradition. Atmatusti is defined as being what is pleasing to oneself and is considered by some to be the fourth source of dharma. However, only the law codes of Manu and Yājñavalkya cite atmatusti as the fourth source of law. Most scholars do not recognize atmatusti as a source of dharma within Hindu Law because it does not have the same authority as sruti, smriti, and acara. Atmatusti

neg: Constitution most basic law of a territory from which all the other laws and rules are hierarchically derived; in some territories it is in fact called "Basic Law". The following are features of democratic constitutions that have been identified by political scientists to exist, in one form or another, in virtually all national constitutions. A fundamental classification is codification or lack of codification. A codified constitution is one that is contained in a single document, which is the single source of constitutional law in a state. An uncodified constitution is one that is not contained in a single document, consisting of

neg: UNESCO UNESCO The United Nations Educational, Scientific and Cultural Organization (UNESCO; ) is a specialized agency of the United Nations (UN) based in Paris. Its declared purpose is to contribute to peace and security by promoting international collaboration through educational, scientific, and cultural reforms in order to increase universal respect for justice, the rule of law, and human rights along with fundamental freedom proclaimed in the United Nations Charter. It is the successor of the League of Nations' International Committee on Intellectual Cooperation. UNESCO has 195 member states and ten associate members. Most of its field offices are "cluster" offices covering

neg: Universal Declaration of Human Rights and oppression, that human rights should be protected by the rule of law." While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason, the Universal Declaration of Human Rights is a fundamental constitutive document of the United Nations. In addition, many international lawyers believe that the Declaration forms part of customary international law and is a powerful tool in applying diplomatic and moral pressure to governments that violate any

neg: Al Odah v. United States of fact lacked even the most fundamental earmarks of objectively credible evidence." The Supreme Court heard oral arguments on the case on December 5, 2007. Demonstrators dressed in detainee-like orange jumpsuits and black hoods assembled outside the building. The day in court was widely reported in the United States and international media. The petitioners characterized the Guantanamo Bay detention camp as "an international symbol of the Executive branch's contempt for the rule of law and a deep stain on the reputation of the United States at home and abroad." The petitioners' brief argues that the men at Guantanamo are entitled

neg: Fundamental Laws of England prevail over any attempt at tyranny: it is "a political, not a legal fact" that fundamental principles of natural justice cannot be denied. This implies that in most scenarios principles of the Fundamental Laws can be upheld by statutory interpretation or as an alternative since 1998 by issuing a Declaration of incompatibility. Laws LJ in "Thoburn v Sunderland City Council" [2002] EWHC 195 (Admin) at [62] recognised what he called "constitutional statutes": In the present state of its maturity the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental: see

neg: Copyright law of the United States Copyright law protects the "expression" of an idea, but copyright does not protect the "idea" itself. This distinction is called the idea–expression dichotomy. The distinction between "idea" and "expression" is fundamental to copyright law. From the Copyright Act of 1976 (): For example, a paper describing a political theory is copyrightable. The paper is the "expression" of the author's ideas about the political theory. But the theory itself is just an "idea", and is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright. Although fundamental, the idea–expression

neg: Defamation public concern that do not contain a provably false factual connotation. Subsequent state and federal cases have addressed defamation law and the Internet. Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries. A comprehensive discussion of what is and is not libel or slander under United States law is difficult, as the definition differs between different states and is further affected by federal law. Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. Although laws vary by state, in the United States

neg: History of corporate law in the United States left to the certificate of incorporation to stipulate “whether the private property of the stockholders... shall be subject to the payment of corporate debts, and if so, to what extent.” In California, limited liability was recognised as late as 1931. History of corporate law in the United States The history of corporate law in the United States concerns the development of the corporation, primarily as a business organization, under the different United States corporate law, including federal regulation. Prior to the late 19th century, most companies were incorporated by a special bill adopted by legislature. By the end of the

neg: Cadastre Cadastre A cadastre (also spelled cadaster) is a comprehensive land recording of the real estate or real property's metes-and-bounds of a country. In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. The cadastre is a fundamental source of data in disputes and lawsuits between landowners. In the United States, Cadastral Survey within the Bureau of Land Management (BLM) maintains records of all public lands. Such surveys often require detailed investigation of the history of land use, legal accounts, and other

neg: Common law terse statements of general principle, and the fine boundaries and definitions exist only in the interstitial common law. To find out what the precise law is that applies to a particular set of facts, one has to locate precedential decisions on the topic, and reason from those decisions by analogy. In (common law jurisdictions (in the sense opposed to "civil law"), legislatures operate under the assumption that statutes will be interpreted against the backdrop of the pre-existing common law. As the United States Supreme Court explained in "United States v Texas", 507 U.S. 529 (1993): For example, in most U.S.

neg: Lawrance Bohm and television broadcasts. Bohm is also a regular lecturer at legal conferences and is an adjunct professor of law at Tulane University Law School. Bohm is married to Elisa (Williams) and has three children. Bohm resides in Sacramento, California. Lawrance Bohm Lawrance A. Bohm (born July 4, 1972) is an American lawyer who is most noted for winning what is believed to be the two largest single-plaintiff employment verdicts in United States history: $185,872,719.52 in "Juarez v. AutoZone Stores, Inc." (2014, United States District Court, Southern District of California) and $167,730,488.00 in "Chopourian v. Catholic Healthcare West" (2012, United States

neg: Emergence definite position, momentum, and so forth, is actually an emergent phenomenon, with the true state of matter being described instead by a wavefunction which need not have a single position or momentum. Most of the laws of physics themselves as we experience them today appear to have emerged during the course of time making emergence the most fundamental principle in the universe and raising the question of what might be the most fundamental law of physics from which all others emerged. Chemistry can in turn be viewed as an emergent property of the laws of physics. Biology (including biological evolution)

neg: Freedom of religion the United Nations General Assembly passed the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. This declaration recognizes freedom of religion as a fundamental human right in accordance with several other instruments of international law. However, the most substantial binding legal instruments that guarantee the right to freedom of religion that was passed by the international community is the Convention on the Rights of the Child which states in its Article 14: ""States Parties shall respect the right of the child to freedom of thought, conscience and religion. States Parties shall

neg: Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel case then returned to the German Administrative Court ("Verwaltungsgericht"). Given the conflict it potentially faced, it then requested a ruling from the German Constitutional Court. The German Constitutional Court ("Bundesverfassungsgericht") held that so long as fundamental rights protection was evident, it would not scrutinise EU action in detail. The case is important because it addresses what appears to be one of the most difficult challenges facing the acceptance of the supremacy of European law within the German legal order, that is, the possibility of conflict between a European law obligation and a fundamental right protected by the German Constitution. As

neg: Government procurement in the United States available such as the armored vehicle or weapons appropriation. An Antideficiency Act violation can also occur when a contract uses funds in a period that falls outside of the time period the funds are authorized for use under what is known as the Bona Fide Needs rule (31 USC 1502), which provides: "The balance of a fixed-term appropriation is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period." The Bona Fide Need Rule is a fundamental principle of appropriations law addressing the availability as to time of

neg: Black supremacy Black supremacy Black supremacy or black supremacism is a racial supremacist belief which maintains that black people are superior to people of other races. The term has been used by the Southern Poverty Law Center (SPLC), an American legal advocacy organization, to describe several fringe religious groups in the United States. Several fringe groups have been described as either holding or promoting black supremacist beliefs. A source described by historian David Mark Chalmers as being "the most extensive source on right-wing extremism" is the Southern Poverty Law Center (SPLC), an American nonprofit organization that monitors all kinds of hate groups

neg: Drug Enforcement Administration spent yearly, focusing largely on criminal law and demand reduction campaigns, which has resulted in the imprisonments of thousands of U.S. citizens. Demand for recreational drugs is somewhat static as the market for most illegal drugs has been saturated, forcing the cartels to expand their market to Europe and other areas than the United States. United States federal law registers cannabis as a Schedule I drug. Some groups advocate legalization of certain controlled substances under the premise that doing so may reduce the volume of illicit trafficking and associated crime as well as yield a valuable tax source, although some

neg: Human rights in the United Kingdom registration of political parties, while electoral boundaries are determined by four Boundary Committees established under the Parliamentary Constituencies Act 1986. Electoral campaigns and electoral publicity, including expenditure rules per candidate, are regulated by the Political Parties, Elections and Referendums Act 2000. Fundamental rights form an integral part of European Union law. As such, the principle of primacy of European Union law requires that any action taken by its member states must comply with the requirements of EU law as to the protection of fundamental rights. In addition, the Charter of Fundamental Rights of the European Union, which has legal effect

neg: Harlan Institute Harlan Institute The Harlan Institute is a 501(c)(3) nonprofit organization whose mission is "to bring a stylized law school experience into the high school classroom to ensure that our next generation of leaders has a proper understanding of our most fundamental laws." The primary focus of the Harlan Institute is on the study of the Supreme Court of the United States and on constitutional law. The Institute's primary means of supplying legal education to a high school audience is through FantasySCOTUS, a program devoted to giving high schoolers a free way to predict "real cases that the students will read

neg: Executive compensation in the United States compensation and opined that deferred compensation, supplemental executive plans and executive payouts when a company undergoes a change in control, were "three areas that cry out for reform by regulators." She quoted the president of Equilar compensation analysis firm: "The disclosure of the myriad executive compensation plans - pension, supplemental executive retirement plans, deferred compensation, split dollar life insurance—is not adequate in answering a fundamental question: What is the projected value of these plans to the executive upon his retirement?" Some examples of remuneration that some were surprised to learn a corporation was not required by law to report on

neg: United Nations Guiding Principles on Business and Human Rights widely agreed upon by states, but lack clarity in what they require in practice. Conversely, others have conveyed that a binding instrument in conjunction with other initiatives, such as the UNGPs, would further developing international law in this area as it would complement existing instruments. This perspective depicts a proposed treaty to be just one aspect within a developing comprehensive system aimed at regulating business and human rights. Another fundamental issue which has been raised is how such a treaty would be enforced, seeing as inadequate enforcement is highlighted as the main shortcoming of the UNGPs. Ruggie, in his contemplation

neg: Birthright citizenship in the United States although by that time nearly two-thirds of American Indians were already citizens. Birthright citizenship, as with much United States law, has its roots in English common law. "Calvin's Case", 77 Eng. Rep. 377 (1608), was particularly important as it established that, under English common law, "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection." This same principle was accepted by the United States as being "ancient and fundamental," i.e., well-established common law, as stated by the

neg: The Lexington Principles on the Rights of Detainees liberty is a fundamental human right and may not be denied to any person without due process of law.". The Transnational Incorporation Doctrine, first developed for the Lexington Principles, asserts that there are some principles of international law that are so fundamental to accepted global standards of justice that they should be implied as part the right to due process of law under the Fifth Amendment to the U.S. Constitution. This is a new progressive theory that has yet to be adopted by the United States Supreme Court. The theory was constructed by the professors drafting the Lexington Principles as

neg: United States tort law San Francisco, who made the decision during a major fire to burn down several private residences to establish a fire break. Amongst unintentional torts one finds negligence as being the most common source of common law. Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) It is a form of extracontractual liability that is based upon a failure to comply with the duty of care of

neg: CAN-SPAM Act of 2003 of the law. CAUCE (Coalition Against Unsolicited Commercial Email) stated: This legislation fails the most fundamental test of any anti-spam law, in that it neglects to actually tell any marketers not to spam. Instead, it gives each marketer in the United States one free shot at each consumer's e-mail inbox, and will force companies to continue to deploy costly and disruptive anti-spam technologies to block advertising messages from reaching their employees on company time and using company resources. It also fails to learn from the experiences of the states and other countries that have tried "opt-out" legal frameworks, where marketers

neg: Open-source hardware and textile (Kit Zéro Kilomètres). Rather than creating a new license, some open-source hardware projects simply use existing, free and open-source software licenses. These licenses may not accord well with patent law. Later, several new licenses have been proposed, designed to address issues specific to hardware designs. In these licenses, many of the fundamental principles expressed in open-source software (OSS) licenses have been "ported" to their counterpart hardware projects. New hardware licenses are often explained as the "hardware equivalent" of a well-known OSS license, such as the GPL, LGPL, or BSD license. Despite superficial similarities to software licenses, most hardware

neg: In re Summers became one of the most respected legal educators in the United States. He was highly influential in the field of labor law, and was considered the nation's leading expert on union democracy. "What Louis Brandeis was to the field of privacy law, Clyde Summers is to the field of union democracy," wrote Widener University School of Law professor Michael J. Goldberg in the summer of 2010. "Summers, like Brandeis, provided the theoretical foundation for an important new field of law." In re Summers In re Summers, 325 U.S. 561 (1945), is a 5-to-4 ruling by the United States Supreme Court

neg: Constitutional law the Supreme Court of India. Human rights or civil liberties form a crucial part of a country's constitution and uphold the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. These are intended to ensure basic political,

neg: Perjury to the defendant’s knowledge about the person she intends to deceive. Perjury law’s evolution in the United States has experienced the most debate with regards to the materiality requirement. Fundamentally, statements that are literally true cannot provide the basis for a perjury charge (as they do not meet the falsehood requirement) just as answers to truly ambiguous statements cannot constitute perjury. However, such fundamental truths of perjury law become muddled when discerning the materiality of a given statement and the way in which it was material to the given case. In "United States v. Brown", the court defined material statements

neg: Cyberbullying is a help resource containing a list of current and pending cyberstalking-related United States federal and state laws. It also lists those states that do not yet have laws, and related laws from other countries. The Global Cyber Law Database (GCLD) aims to become the most comprehensive and authoritative source of cyber laws for all countries. Some states such as Florida, California, and Missouri have developed state laws against Cyberbullying. California has the Safe Place to Learn Act and also has a law that states "the use of an electronic device to cause someone to fear for their life" can

neg: Hammond arson case Steven Hammond to a year and a day's imprisonment, which both men served. In what was described by one source as a "rare" action, the government (represented by the United States Attorney's Office for the District of Oregon, led by U.S. Attorney Amanda Marshall) successfully appealed the sentence to the United States Court of Appeals for the Ninth Circuit. It upheld the mandatory-minimum law, writing that "given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense." The appeals court vacated the original sentence and remanded the defendants for re-sentencing. The Hammonds filed petitions for "certiorari"

neg: State law (United States) determining what the law is can be a more difficult process. One has to trace back to the earliest relevant Act of Parliament, and then identify all later Acts which amended the earlier Act, or which directly overrode it. For example, when the UK decided to create a Supreme Court of the United Kingdom, lawmakers had to identify every single Act referring to the House of Lords that was still good law, and then amend all of those laws to refer to the Supreme Court. In most U.S. states, certain areas of the law, especially the law of contracts and

neg: United States Constitution "institutions must advance also". Some commentators depict the multi-ethnic, multi-sectarian United States as held together by a political orthodoxy, in contrast with a nation state of people having more "natural" ties. The United States Constitution has been a notable model for governance around the world. Its international influence is found in similarities of phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers and recognition of individual rights. The American experience of fundamental law with amendments and judicial review has motivated constitutionalists at times when they were considering the

neg: South African insurance law that the principles of English insurance law are still being adhered to." The following legislation is of especial importance to South African insurance law: Classification is often merely a matter of convenience, but there may be compelling reasons for it; it may even reflect a difference in underlying legal principles. Various criteria may be applied in classifying contracts of insurance. The most important are It is possible, and often desirable, for one and the same insurance contract to combine different classes of insurance. The most fundamental distinction between various insurance contracts is that between indemnity insurance and what is usually

neg: Philosophy, theology, and fundamental theory of canon law the "munus docendi" (the "missions" of governance, of worship/sanctification, and of teaching) which in turn derive from the kingly, the priestly and the prophetic roles or functions of Christ. The fundamental theory of canon law is a discipline covering the basis of canon law in the very nature of the church. Fundamental theory is a newer discipline that takes as is object "the existence and nature of what is juridical in the Church of Jesus Christ." The discipline seeks to provide a theoretical basis for the coexistence and complementarity of canon law and the Catholic Church, and it seeks to

neg: Plain Writing Act of 2010 Plain Writing Act of 2010 Signed into law on October 13, 2010 by President Obama, the Plain Writing Act of 2010 (; ) is a United States federal law that requires that federal executive agencies: Before: The amount of expenses reimbursed to a claimant under this subpart shall be reduced by any amount that the claimant receives from a collateral source. In cases in which a claimant receives reimbursement under this subpart for expenses that also will or may be reimbursed from another source, the claimant shall subrogate the United States to the claim for payment from the collateral source

neg: Fundamental rights historical foundations of those rights and by determining whether their protection is part of a longstanding tradition. Individual states may guarantee other rights as fundamental. That is, States may add to fundamental rights but can never diminish or infringe upon fundamental rights by legislative processes. Any such attempt, if challenged, may involve a "strict scrutiny" review in court. In Canada, the Charter of Rights and Freedoms outlines four Fundamental Freedoms. These are freedom of: Europe has no identical doctrine (It would be incompatible with the more restrained role of judicial review in European law.) However, EU law recognizes many of

neg: American exceptionalism has explored the question of birthright citizenship, the provision of the Fourteenth Amendment (1868) that makes every baby born in the United States a full citizen. He argues that: Yale Law School Dean Harold Hongju Koh has identified what he says is "the most important respect in which the United States has been genuinely exceptional, about international affairs, international law, and promotion of human rights: namely, in its outstanding global leadership and activism." He argues: To this day, the United States remains the only superpower capable, and at times willing, to commit real resources and make real sacrifices to build,

neg: Fundamental Law of Education the law, the purpose of education is . Article 1 states that the law The current Fundamental law was enacted on December 22, 2006, replacing the previous 11-article Act of March 31, 1947 (the 'old fundamental law of Education'). The old law was created under the auspices of SCAP, enacted by the 90th session of the Imperial Japanese Diet, which would be the last Imperial Diet conducted under the Imperial Japanese Constitution. It is often said that the old Fundamental Law of Education was written in the spirit of the new Japanese Constitution, representing a radical means of education reform,

neg: Security analysis definition of what is and what is not a security comes directly from the language of a United States Supreme Court decision in the case of SEC v. W. J. Howey Co.. Security analysis is typically divided into fundamental analysis, which relies upon the examination of fundamental business factors such as financial statements, and technical analysis, which focuses upon price trends and momentum. Quantitative analysis may use indicators from both areas. Security Analysis (Book) was written in 1934 and more than 1 million copies have been sold since. Security analysis Security analysis is the analysis of tradeable financial instruments called

neg: Atomic Energy Act of 1954 Atomic Energy Act of 1954 The Atomic Energy Act of 1954, 42 U.S.C. §§ 2011-2021, 2022-2286i, 2296a-2297h-13, is a United States federal law that is, according to the Nuclear Regulatory Commission, "the fundamental U.S. law on both the civilian and the military uses of nuclear materials." It covers the laws for the development, regulation, and disposal of nuclear materials and facilities in the United States. It was an amendment to the Atomic Energy Act of 1946 and substantially refined certain aspects of the law, including increased support for the possibility of a civilian nuclear industry. Notably it made it possible

neg: Human rights in the United Kingdom be granted by the government or the law, but as a fundamental part of what it means to be a person. John Locke (1632–1704), one of the most influential of Enlightenment thinkers, argued that property - which to him included life, liberty and possessions - was an unalienable human right, that is, one which cannot be taken away. He articulated that every person is created equal and free but, in return for the advantages of living in an organised society, a person may need to give up some of this freedom. The Bill of Rights 1689, enacted in the Kingdom

neg: Connally v. General Construction Co. the sections provided for violation of the 5th amendment rights of the employers, by not specifically defining what was and wasn't punishable; this ruling is particularly famous for furthering the scope of the vagueness doctrine. Connally v. General Construction Co. Connally v. General Construction Co., 269 U.S. 385 (1926), was a United States Supreme Court case in which the Court expanded and established key constructs of the Fifth Amendment's due process doctrine. It defined necessary requirements that are fundamental to any law, which, when lacking, are to be deemed void. The case was a dispute regarding Oklahoma state statutes, which,

neg: Domestic violence in the United States and Rebecca] from domestic violence was discriminatory and constituted a violation of their right to life." Since 2011, thirty-two local governments in the United States have passed resolutions declaring freedom from domestic violence to be a fundamental human right, rooted in the recognition of governmental responsibility to ensure this right. The following City, County, and Municipal Governments have passed resolutions recognizing that freedom from domestic violence is a fundamental human right: Although the resolutions are not identical, most declare that freedom from domestic violence is a fundamental human right, and further resolve that the state and local governments should secure

neg: B. Roy Frieden and the level of Fisher information that existed at the source has value "J", the EPI principle states that "I" − "J" = extremum. In most situations, the extremum is a minimum, meaning that there is a tendency for any observation to faithfully match up with its source. Frieden has used Fisher information and the EPI principle to derive most existing fundamental laws of physics, and some new and existing laws of biology, cancer growth, chemistry, and economics. Frieden argues that Fisher information, especially its loss "I" − "J" during observation, and EPI make up a general method for deriving

neg: United States trademark law United States trademark law A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks

neg: Freedom of religion in Syria to the Islamists. On March 13, 1973, the new Constitution (which is no longer applicable, having been amended in 2012) went into effect. Paragraph 2 of Article 3 declares that Islamic jurisprudence is "a" source of law, but not "the" absolute source. Bernard Botiveau notes that from a Ba'athist perspective "Islam was one of the fundamental components of Arabness, but required to be located at the religious, and not the political end." Sunni Shaykh Muhammad al-Habash interprets the provision to mean that it "refers to the situation where there is another source of law. Islam is a main source, but

neg: Proprietary software in February 1983 IBM adopted an "object-code-only" model for a growing list of their software and stopped shipping source code. In 1983, binary software became also copyrightable in the United States by the Apple vs. Franklin law decision, before which only source code was copyrightable. Additionally, the growing availability of millions of computers based on the same microprocessor architecture created for the first time an unfragmented and big enough market for binary distributed software. Most software is covered by copyright which, along with contract law, patents, and trade secrets, provides legal basis for its owner to establish exclusive rights. A

neg: Appeal and the United States Courts of Appeals were established to review decisions from district courts. Some states, such as Minnesota, still do not formally recognize a right to criminal appeals. Although some courts permit appeals at preliminary stages of litigation, most litigants appeal final orders and judgments from lower courts. A fundamental premise of many legal systems is that appellate courts review questions of law "de novo", but appellate courts do not conduct independent fact-finding. Instead, appellate courts will generally defer to the record established by the trial court, unless some error occurred during the fact-finding process. Many jurisdictions provide

neg: United States defamation law a comprehensive discussion of what is and is not libel or slander is difficult, because the definition differs between different states. Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question. Most defendants in defamation lawsuits are newspapers or publishers, which are involved in about twice as many lawsuits as are television stations. Most plaintiffs are corporations, businesspeople,

neg: Publishers Weekly list of bestselling novels in the United States in the 1890s Publishers Weekly list of bestselling novels in the United States in the 1890s This is a list of bestselling novels in the United States from 1895–1899, as determined by "Publishers Weekly". The list features the most popular novels of each year from 1895 through 1899. The lists which "Publishers Weekly" have compiled only date back to 1895. For 1895–1912, the lists were compiled from the New York "Bookman", which is the only comprehensive source. Eight of the ten are by non-American authors. Without the international copyright law which came into force in 1891, these volumes could have been printed and

neg: Heart Sutra its constituents are real. The text has been translated into English dozens of times from Chinese, Sanskrit and Tibetan as well as other source languages. In the sutra, Avalokiteśvara addresses Śariputra, explaining the fundamental emptiness (śūnyatā) of all phenomena, known through and as the five aggregates of human existence (skandhas): form (rūpa), feeling (vedanā), volitions (saṅkhāra), perceptions (saṃjñā), and consciousness (vijñāna). Avalokiteśvara famously states, "Form is empty (śūnyatā). Emptiness is form", and declares the other skandhas to be equally empty—that is, dependently originated. Avalokiteśvara then goes through some of the most fundamental Buddhist teachings such as the Four Noble Truths,

neg: Proportionality (law) harm are available. In United States Law, the United States Supreme Court proposed the Proportionality Doctrine in three cases during the 1980s, namely "Enmund v. Florida" (1982), "Solem v. Helm" (1983) and "Tison v. Arizona" (1987), to clarify this key principle of proportionality within the Cruel and Unusual Punishment Clause of the Eighth Amendment. The fundamental principle behind proportionality is that the punishment should fit the crime. In 1983, the U.S. Supreme Court ruled that courts must do three things to decide whether a sentence is proportional to a specific crime: Proportionality is also present in other areas of municipal