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In legal research, a primary authority is a term referring to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court. The search for applicable primary authority is the most ...
These two observations led Stevens to the conclusion that only a "tiny portion" of criminal sentences imposed under the mandatory Guidelines scheme would actually implicate the Blakely rule. In those cases, prosecutors, defense attorneys, and judges could cope.
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal appellate court over the following U.S. district courts: Middle District of Alabama; Northern District of Alabama; Southern District of Alabama; Middle District of Florida; Northern District of Florida; Southern District of Florida; Middle ...
Medellín v. Texas, 552 U.S. 491 (2008), was a decision of the United States Supreme Court that held even when a treaty constitutes an international commitment, it is not binding domestic law unless it has been implemented by an act of the U.S. Congress or contains language expressing that it is "self-executing" upon ratification. [1]
An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely legally advises on its opinion as to the constitutionality or interpretation of a law.
As a general matter, reviewers of the issues of decision uniformity and court diversity take the position that identical sets of facts in a tax case should result in identical court decisions. [17] Reviewers vary on how to achieve that, however. One approach to greater uniformity was taken in the 1943 tax case of Dobson v.
This case was the beginning of the plenary power legal doctrine that has been used in Indian case law to limit tribal sovereignty. Elk v. Wilkins , 112 U.S. 94 (1884) An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the United States Federal government.
United States v. Harriss: 347 U.S. 612 (1954) constitutionality of The Federal Regulation of Lobbying Act of 1946: Berman v. Parker: 348 U.S. 26 (1954) eminent domain, takings United States v. International Boxing Club of New York: Antitrust: 348 U.S. 236 (1955) boxing not exempt from antitrust regulation Tee-Hit-Ton Indians v. United States ...