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81 years ago today

On May 2, 1927, the US Supreme Court ruled in Buck v. Bell that a Virgnia statute allowing the compulsory sterilization of the so-called feeble minded did not violate the Fourteenth Amendment of the Constitution. The effect of Buck v. Bell was to legitimize eugenic sterilization laws in the United States as a whole, leading to the forcible sterilization of more than 50,000 people. Buck v. Bell was never overturned by the Supreme Court, but, in 1942 (in the aftermath of WWII), the Supreme Court ruled in Skinner v. Oklahoma that compulsory sterilization could not be sentenced as a punishment for a crime and the practice gradually fell out of use. You can read the whole sad story at http://en.wikipedia.org/wiki/Buck_v._Bell.

Next friend:definition of the day

Someone who appears in court in place of another who is not competent to do so, usually because they are a minor or are considered incompetent. Often the role is filled by a parent or other relative; it can be any legally-competent person whose interests do not run counter to those of the person on whose behalf they are acting . The “next friend” is not a party to the proceeding, nor are they a formally-appointed guardian. Instead, they are considered an agent of the court whose role is to protect the rights of the incompetent person. See also guardian ad litem.

LIIBULLETIN: US Supreme Court arguments this week

supreme-ct.jpegApril 22 Davis v. Federal Election Commission: Over the years, Congress and the judiciary have made significant changes to the campaign finance system in an attempt to make it more evenhanded and to root out corruption. The case at hand is another test of Congress’s latest attempt to create sustainable election financing laws through the so-called “Millionaire’s Amendment”.

Giles v. California: Defendants have a right to confront witnesses by subjecting them to cross-examination under the Sixth Amendment’s Confrontation Clause, but may waive this right by making a witness unavailable through wrongdoing. The Court’s decision in this case will determine the scope of a defendant’s right to cross-examine witnesses and how broadly courts may apply the forfeiture doctrine.

April 23 Meacham v. Knolls Atomic Power Laboratory: Since 1963, the Age Discrimination in Employment Act (“ADEA”) has provided both a means to ferret out insidious age discrimination and an effective defense for the business community to justify its actions through the “reasonable factors other than age”defense. In this case, the Court will determine whether the burden of proving the “reasonableness” of the challenged practice falls upon the employer or the employee — a decision worth almost $6 million dollars in this case.

Metlife V. Glenn: The Employee Retirement Income Security Act of 1974 (“ERISA”) provides a private cause of action for employees challenging wrongful denials of benefits under an employee benefits plan. In this case, the Court will determine whether and to what extent a plan administrator that both authorizes the payment of benefits and is responsible for the payment of those benefits has a conflict of interest that must be considered on judicial review.

Assault: definition of the day

Attempt to inflict physical harm on another individual, whether successful or not, of which the intended victim is aware. Assault can be both a criminal and civil wrong, redressed by either criminal punishment or damages.

Our favorite quotes: Robert Kennedy

It is from numberless diverse acts of courage and belief that human history is shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope.

Robert F. Kennedy, Speech, South Africa, 1966.

Financial fraud: definition of the day

Financial Institution Fraud (FIF) involves fraud or embezzlement occurring within or against financial institutions that are insured or regulated by the U.S. Government. Financial institutions are threatened by a wide array of frauds, including commercial loan fraud, check fraud, counterfeit negotiable instruments, mortgage fraud, check kiting, false applications, and a variety of traditional and non-traditional FIF scams.

Our favorite quotes: Frederick Douglass

Find out just what any people will quietly submit to and you have found the exact measure of injustice and wrong which will be imposed upon them, and these will continue until they are resisted with either words or blows, or with both.

Frederick Douglass, “West Indian Emancipation” (August 4, 1857)