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negative implications doctrine
a state may use its police power to pass legislation that incidently burden interstate commerce
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affection doctrine
U.S. Congress has the power to regulate any activity that has a substantial effect on interstate commerce
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Fed Courts (case or controversy req'ments)
- RAMPS
- ripeness, abstention & adequate state grounds, mootness, political questions, standing
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Fed court jurisdiction limits
law based jurisdiction: cases under U.S. const. or fed law
party based: U.S. govt, state v. state, state v. citizens of other state, diversity, foreign diplomats
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slander per se
- 1. statement about loathesome disease
- 2. trade or profession
- 3.unchastity of a woman
- 4.crime of moral turpitude
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areas of unprotected speech
- 1. clear & present danger
- 2. defamation (private person-of public concern + negligence of truth/falsity)(public figure-state req'ment + actual malice)
- 3. obscenity-Miller test (contemporary community standards, prurient interest, patently offensive, lacks value)
- 4. child porn-unprotected (may be regulated w/o satisfying Miller test)
- 5. fighting words-regulation must be viewpt neutral & not single out one view
- 6. fraudulent commercial speech
DO NOT apply strict scrutiny!
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Art IV. privileges & immunities
prevents economic discrimination by one state against the citizens or residents of another state, unless discrimination is closely related to a substantial govt interest
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special, limited purpose voting districts
traditional one-person, one-vote principle does not apply
--subjected to rational basis review
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hierarchy of laws
- 1. Constitution
- 2. Acts of Congress & Treaties (last in time prevails)
- 3. Executive Agreements-foreign policy
- 4. state law
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Grand juries
-5th amd right to grand jury is NOT incorporated into 14th amd
-no right to Miranda warnings or to have counsel present
-FRE do not apply (other than privileges)
-4th amd exclusionary rules does not apply
-5th amd privilege may be asserted
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11th amd
private individuals cannot sue states for $$$ damages in any court (sovereign immunity)
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