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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.
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 ...
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.
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
The courts have generally determined that laws which are too vague for the average citizen to understand deprive citizens of their rights to due process. If an average person cannot determine who is regulated, what conduct is prohibited, or what punishment may be imposed by a law, courts may find that law to be void for vagueness. See Coates v.
Here's how the seat design on school buses helps protect passengers — and what improvements could be made.
In addition to the federal law about half of the states enacted laws similar to the federal Comstock Act. [ 107 ] : 9 In a 1919 issue of the Journal of Criminal Law & Criminology , Kansas judge J. C. Ruppenthal, after reviewing the various State laws called them "haphazard and capricious" and lacking "any clear, broad, well-defined principle or ...
The Supreme Court is about to hear arguments over President Joe Biden’s student debt relief plan, which impacts millions of borrowers who could see their loans wiped away or reduced. The debt ...