880 resultados para Supreme Court Confirmation


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Gaines’ legal team, led by Houston, had faith in the justice system of the United States and anticipated getting a fair trial at the federal level. So far, all decisions had occurred in Missouri, a state with a segregated system.The fact that Gaines v Canada had reached the Supreme Court was promising indeed. It was rare that any case involving African-Americans would be considered by the highest court in the land. President Franklin D. Roosevelt had been appointing Justices that were more willing to consider cases concerned with civil rights. On November 9, 1938, the Supreme Court of the United States heard arguments in the Gaines v Canada case. The defense was unmoved by the rude treatment and made their presentation with professionalism and aplomb. Houston’s argument remained steadfast; not only was the state of Missouri’s statute concerning out-of-state tuition for blacks in violation of the 14th Amendment, but the very idea of segregation itself violated the Constitution. William Hogsett, the attorney for the University of Missouri, countered that the school was merely following state laws. The MU legal team was flustered as questions from the bench forced them to correct overstatements regarding Missouri’s “generosity to Negro students”. With crossed fingers and high hopes, the Gaines legal team rested their case and awaited the verdict. Meanwhile, Lloyd Gaines was still in Michigan. Lloyd held a W.P.A. job as a Civil Service Clerk and was in constant contact with his family and attorneys. His mood in his correspondence was hopeful and positive.

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However, there was an obstacle on the court, namely James Clark McReynolds, an avowed racist. In fact, during the hearing, McReynolds turned his chair around and faced the wall when Houston presented his argument.

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Following the decision, northern newspapers hailed it as “the Supreme Court speaking out in defense of the quality of human rights.” The Kansas City Call, one of the leading black newspapers in Missouri, declared, “If keeping the races separate is so important to Missourians that coeducation is unthinkable then let them count the cost!” The NAACP’s long-term plan for casting financial burden upon the Jim Crow states was now a reality.

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On September 28th, 2006, the Missouri State Supreme Court conferred a posthumous law license for Mr. Gaines.

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Contains "court minutes" of the New York Supreme Court and Circuit Court, in short entries by an unknown judge, identifying cases, attorneys, plaintiffs and defendants, and the actions taken.

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[Introduction]. The purpose of this paper is twofold. First, it examines selectively the provisions of the draft Constitution pertaining to the Court of Justice and assesses the ways in which the draft Constitution is likely to affect the jurisdiction and the function of the Court. Secondly, it discusses the challenges faced by the Court in relation to the protection of human rights by reference to the recent judgment in Schmidberger.1 Both aspects of the discussion serve to underlie that the Court is assuming the function of the Supreme Court of the Union whose jurisdiction is fundamentally constitutional in character. It has a central role to play not only in relation to matters of economic integration but also in deciding issues of political governance, defining democracy at European and national level, and contributing through the process of judicial harmonisation to the emergence of a European demos. This constitutional jurisdiction of the ECJ is not new but has acquired more importance in recent years and is set to be enhanced under the provisions of the new Constitution. The paper is divided as follows: The first section provides an overview of the way the new Constitution affects the ECJ. The subsequent sections examine respectively Article 28(1) of the draft Constitution, the appointment and tenure of the judiciary, locus standi for private individuals, sanctions against Member States, jurisdiction under the CFSP and the Chapter on freedom, security and justice, preliminary references, other provisions o f the Constitution pertaining to the Court, the principle of subsidiarity, and the judgment in Schmidberger. The final section contains some concluding remarks.

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Act of February 13, 1925: An act to amend the Judicial code, and to further define the jurisdiction of the Circuit courts of appeals and of the Supreme court, and for other purposes; Act of January 31, 1928: An act in reference to writs of error; Act of April 26, 1928: An act to amend section 2 of an act entitled "An act in reference to writs of error" (12 pages at end) Eighty pages: "Amendments effective Sept. 1, 1932" inserted. (c.1).

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Earlier reports in: Reports of cases determined in the Supreme Court of Tasmania / Herbert Nicholls and W. J. T. Stops.

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Mode of access: Internet.

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Reporters: v. 1-10, C. H. Gildersleeve; v. 11-13, A. J. Abbott; v. 14-16, P. A. F. Walter.