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A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion. The "void for vagueness" legal doctrine does not apply to private law (that is, laws that govern rights and obligations as between private parties), only to laws that govern rights and obligations vis-a-vis the government.
On one set of theories of vagueness, it is indeterminate how many heaps or hairs are required. Perhaps our language simply does not specify a sharp boundary. In the small-improvement argument, the incomparability as vagueness view might say that it is indeterminate whether banking is better or worse than philosophy, or precisely equally good.
Open texture is a term in the philosophy of Friedrich Waismann, first introduced in his paper Verifiability to refer to the universal possibility of vagueness in empirical statements. He had coined the phrase “Die Porosität der Begriffe” ('the porosity of concepts') for this purpose and credits William Kneale for suggesting the English ...
The Ninth Circuit, in Lawson v.Kolender, 658 F.2d 1362 (1981), had additionally held that Penal Code §647(e) violated the Fourth Amendment’s prohibition of unreasonable searches and seizures because it "subverts the probable cause requirement" by authorizing arrest for conduct that is no more than suspicious.
Download as PDF; Printable version ... Pages in category "Void for vagueness case law" The following 32 pages are in this category, out of 32 total. ... Virginia ex ...
Created Date: 8/30/2012 4:52:52 PM
[44] [57] However, the understanding built by the surrounding case law has been largely dismissive of vagueness challenges. For instance, in Hamling v. United States (1974), the Supreme Court would uphold section 1461 by adopting a saving construction that conformed the section with the Miller test .
A teen with a rare eye disease wants to travel the world while she still has her eyesight. The girl has been told she's going blind, so she aims to see Disney World, Dubai and more.