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Law School Outline - Constitutional Law - NYU School of Law - Pildus - 0 views

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mandamus judicial discretion

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicia
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
  • Nye Frank on 29 Jul 09
     
    1 C ONSTITUTIONAL L AW O UTLINE I. The Building Blocks Marbury v. Madison (1803) Marshall - political struggle between John Adams and Federalists and successor Thomas Jefferson and the Republicans - Commissions for justices signed by Adams but not yet delivered when he left office; Jefferson administration refused to honor appointments for which commissions had not actually been delivered - Marbury : would-be justice of the peace; brought suit directly in S.Ct. sought writ of mandamus compelling Madison to deliver their commissions - Madison : Secretary of State for Jefferson - Which branch shall have final say interpreting the Constitution? Q1: Does Marbury have a RIGHT to commission? Q2: Does he have a REMEDY? Q3: Is remedy a MANDAMUS? Q4: Can a mandamus be issued from THIS COURT? Marshall's Decision: a. Right to Commission: Yes, on facts and law he has a legal right b. Remedy: Yes, judicial remedy will not interfere improperly with executive's constitutional discretion (Marshall acknowledged that there are some Qs which legislature is better equipped to deal with but this is not one of them) c. Mandamus not allowed i. § 13 of Judiciary Act of 1789 allows Court to issue mandamus ii. Article III § 2(2) gives Court original jurisdiction in a few cases and appellate jurisdiction in the rest. Writ of mandamus not among the cases as to which original jurisdiction is conferred on S.Ct. Congressional statute at odds with Constitution d. Supremacy of Constitution: If S.Ct. identifies a conflict between const. provision and congressional statute, the Court has the authority (and the duty) to declare the statute unconstitutional and to refuse to enforce it. i. Constitution is paramount: The very purpose of written constitution is to establish fundamental and paramount law. An act which is repugnant to C cannot become law of the land. ii. Who interprets: "It is emphatically the province and duty of the judicial
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we asked for a safe way to report Building A Financial Abuse Case for the Criminal Just... - 0 views

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safe way for victims to report criminal

shared by Nye Frank on 29 Jul 09 - Cached
  • Identify other sources of information Health care professionals Paramedics and EMTs Family and friends Who did victim tell first Importance of asking about and documenting the victim's demeanor and reason for making contact Not for police action but for safety, health needs, seek help
  • Crawford v. Washington  Critical importance of witnesses to whom victim and suspect have spoken Identify non governmental witnesses to statements Document spontaneous statements and demeanor Calls for help and medical care
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
  • Nye Frank on 29 Jul 09
     
    Page 1 FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES Page 2 110 TH C ONGRESS " COMMITTEE PRINT ! No. 8 2nd Session FEDERAL RULES OF EVIDENCE DECEMBER 1, 2008 UN UM E PLURIBUS Printed for the use of THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES U . S . GOVERNMENT PRINTING OFFICE WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 Page 3 COMMITTEE ON THE JUDICIARY O NE H UNDRED T ENTH C ONGRESS JOHN CONYERS, J R ., Michigan, Chairman HOWARD L. BERMAN, California RICK BOUCHER, Virginia JERROLD NADLER, New York ROBERT C. ''BOBBY'' SCOTT, Virginia MELVIN L. WATT, North Carolina ZOE LOFGREN, California SHEILA JACKSON LEE, Texas MAXINE WATERS, California WILLIAM D. DELAHUNT, Massachusetts ROBERT WEXLER, Florida LINDA T. SANCHEZ, California STEVE COHEN, Tennessee HANK JOHNSON, Georgia BETTY SUTTON, Ohio LUIS V. GUTIERREZ, Illinois BRAD SHERMAN, California TAMMY BALDWIN, Wisconsin ANTHONY D. WEINER, New York ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota LAMAR SMITH, Texas F. JAMES SENSENBRENNER, J R ., Wisconsin HOWARD COBLE, North Carolina ELTON GALLEGLY, California BOB GOODLATTE, Virginia STEVE CHABOT, Ohio DANIEL E. LUNGREN, California CHRIS CANNON, Utah RIC KELLER, Florida DARRELL ISSA, California MIKE PENCE, Indiana J. RANDY FORBES, Virginia STEVE KING, Iowa TOM FEENEY, Florida TRENT FRANKS, Arizona LOUIE GOHMERT, Texas JIM JORDAN, Ohio P ERRY A PELBAUM , Staff Director and Chief Counsel S EAN M C L AUGHLIN , Minority Chief of Staff and General Counsel ( II ) Page 4 FOREWORD This document contains the Federal Rules of Evidence, as amended to December 1, 2008. The rules were enacted by Public Law 93-595 (approved January 2, 1975) and have be
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538 F2d 10 Torres v. Sachs S Velez | Open Jurist - 0 views

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rico act case nye

shared by Nye Frank on 27 Jul 09 - Cached
  • Nye Frank on 27 Jul 09
     
    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
  • Nye Frank on 27 Jul 09
     
    Section 402 allows a court, in its discretion, to award attorneys' fees to a prevailing party in suits to enforce the voting guarantees of the Fourteenth and Fifteenth amendments, and statutes enacted under those amendments. This section is similar to provisions in Titles II and VII of the Civil Rights Act of 1964, which prohibit discrimination in public accommodations and employment, and to Section 403 of this act (the coverage of which is described below). Such a provision is appropriate in voting rights cases because there, as in employment and public accommodations cases, and other civil rights cases, Congress depends heavily upon private citizens to enforce the fundamental rights involved. Fee awards are a necessary means of enabling private citizens to vindicate these Federal rights. It is intended that the standards for awarding fees under sections 402 and 403 be generally the same as under the fee provisions of the 1964 Civil Rights Act. A party seeking to enforce the rights protected by the Constitutional clause or statute under which fees are authorized by these sections, if successful, "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust." Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 402, 88 S.Ct. 964, 19 L.Ed.2d 1263 (1968). . . . In several hearings held over a period of years, the Committee has found that fee awards are essential if the Constitutional requirements and Federal statutes to which sections 402 and 403 apply are to be fully enforced. We find that the effects of such fee awards are ancilliary (sic) and incident to securing compliance with these laws, and that fee awards are an integral part of the remedies necessary to obtain such compliance. Fee awards are therefore provided in cases covered by sections 402 and 403 in accordance with Congress' powers under, inter alia, the Fourteenth Amendment, Section 5. As with cases brought under 20 U.S.C. § 1617, the Emergency School Ai
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27. H.R.448 : To protect seniors in the United States from elder abuse by establishing ... - 0 views

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h.r.448

shared by Nye Frank on 29 Jul 09 - Cached
  • Nye Frank on 29 Jul 09
     
    1. pecialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin/bdquery/?&Db=d111... - Cached - Similar - 2. View Bill | C-SPAN Congressional Chronicle, Created by Cable ... 26, 27, 28, 29, 30, 31 ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors ... DEBATE - The House proceeded with forty minutes of debate on H.R. 448 . ... www.c-spanarchives.org/congress/?q=node/77535&id... - Cached - Similar - 3. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs .... Latest Major Action: 1/27/2009 Placed on Senate Legislative Calendar under General Orders. ... www.thomas.gov/cgi-bin/bdquery/?&Db=d111... - Cached - Similar - 4. CD2 Trent Franks | Arizona Congress Watch H. R. 448, the Elder Abuse Victims Act, passed the House 397 - 25. The bill seeks to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors ... 27, 28, 29, 30, 31 ... www.azcongresswatch.com/?cat=18 - Cached - Similar - 5. [DOC] Intricate File Format: Microsoft Word - View as HTML The Elder Abuse Victims Act of 2009 (H.R.448), sponsored by Representative ... protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities .... The amendment was proposed on April 23, 2009, and considered by the Senate on April 27. ... www.ncea.aoa.gov/NCEAroot/Main_Site/.../May_Newsletter.doc - Simi
  • Nye Frank on 29 Jul 09
     
    1. pecialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin/bdquery/?&Db=d111... - Cached - Similar - 2. View Bill | C-SPAN Congressional Chronicle, Created by Cable ... 26, 27, 28, 29, 30, 31 ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors ... DEBATE - The House proceeded with forty minutes of debate on H.R. 448 . ... www.c-spanarchives.org/congress/?q=node/77535&id... - Cached - Similar - 3. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs .... Latest Major Action: 1/27/2009 Placed on Senate Legislative Calendar under General Orders. ... www.thomas.gov/cgi-bin/bdquery/?&Db=d111... - Cached - Similar - 4. CD2 Trent Franks | Arizona Congress Watch H. R. 448, the Elder Abuse Victims Act, passed the House 397 - 25. The bill seeks to protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors ... 27, 28, 29, 30, 31 ... www.azcongresswatch.com/?cat=18 - Cached - Similar - 5. [DOC] Intricate File Format: Microsoft Word - View as HTML The Elder Abuse Victims Act of 2009 (H.R.448), sponsored by Representative ... protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities .... The amendment was proposed on April 23, 2009, and considered by the Senate on April 27. ... www.ncea.aoa.gov/NCEAroot/Main_Site/.../May_Newsletter.doc - S
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27. H.R.448 : To protect seniors in the United States from elder abuse by establishing ... - 0 views

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h.r.448 protect elders consgress legislation

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  • Nye Frank on 29 Jul 09
     
    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
  • Nye Frank on 29 Jul 09
     
    le Advanced Search Preferences Web Hide optionsShow options... Results 1 - 10 of about 161 for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. (0.55 seconds) Search Results Results include your SearchWiki notes for 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and a. Share these notes Copy and paste this link into an email or IM: See a preview of the shared page 1. STOP ELDER ABUSE - SUPPORT VICTIMS ACT- HR 448 - The Petition Site To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.thepetitionsite.com/.../support-the-elder-abuse-victims-act---hr-448 - Cached - Similar - 2. Stop Elder Abuse - PASS Elder Abuse Victims Act HR 448 - The ... To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid .... 2:27 pm PDT, Jun 26, Susanne Prahl, Wisconsin Elder Abuse must be addressed! ... www.thepetitionsite.com/.../stop-elder-abuse---pass-elder-abuse-victims-act-hr-448 - Cached - Similar - 3. H.R.448: Elder Abuse Victims Act of 2009 - U.S.... OpenCongress To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... www.opencongress.org/bill/111-h448/show - Cached - Similar - 4. Search Results - THOMAS (Library of Congress) H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid ... Latest Major Action: 4/27/2009 Referred to House subcommittee. ... thomas.loc.gov/cgi-bin
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Search Results - THOMAS (Library of Congress) - 0 views

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probation legislative elder law in hearings legislation research congress

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  • 27. H.R.448 : To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/9/2009)      Cosponsors (5) Committees: House Judiciary; Senate Judiciary Latest Major Action: 2/12/2009 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • Nye Frank on 29 Jul 09
     
    The Library of Congress > THOMAS Home > Bills, Resolutions > Search Results THIS SEARCH THIS DOCUMENT GO TO Next Hit Forward New Bills Search Prev Hit Back HomePage Hit List Best Sections Help Contents Display Limited To: DATES FROM 01/01/2007-01/01/2010 31 Bills from the 111th Congress ranked by relevance on "probation " . 31 bills containing your phrase (or variants of its words) in the same order . Listing of 31 bills containing your phrase (or variants of its words) in the same order . 1 . CAN DO Act of 2009 (Introduced in House) [H.R.1303.IH] 2 . Ex-Offenders Voting Rights Act of 2009 (Introduced in House) [H.R.59.IH] 3 . MEGA (Introduced in House) [H.R.330.IH] 4 . Whereas there are approximately three million Americans employed within the justice system; (Engrossed as Agreed to or Passed by House) [H.RES.45.EH] 5 . SERV Act (Introduced in Senate) [S.902.IS] 6 . SERV Act (Introduced in House) [H.R.2138.IH] 7 . Whereas there are approximately three million Americans employed within the justice system; (Introduced in House) [H.RES.45.IH] 8 . Safeguarding America's Seniors and Veterans Act of 2009 (Introduced in House) [H.R.746.IH] 9 . Managing Arson Through Criminal History (MATCH) Act of 2009 (Introduced in House) [H.R.1727.IH] 10 . Calling on the Government of Vietnam to release from prison, end the detention without trial, and cease the harassment and house arrest of the people who signed the Manifesto on Freedom... (Introduced in House) [H.RES.334.IH] 11 . Expressing the sense of the House of Representatives that the President of the United States should not issue pardons to senior members of his administration during the final 90 days... (Introduced in House) [H.RES.9.IH] 12 . National Criminal Justice Commission Act of 2009 (Introduced in Senate
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Dormant Commerce Clause - Wikipedia, the free encyclopedia - 0 views

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dormant commerce clause states

shared by Nye Frank on 23 Apr 09 - Cached
  • Nye Frank on 23 Apr 09
     
    Dormant Commerce Clause From Wikipedia, the free encyclopedia Jump to: navigation, search The "Dormant" Commerce Clause, also known as the "Negative" Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause of the United States Constitution. The Commerce Clause expressly grants Congress the power to enact legislation that affects interstate commerce. The idea behind the Dormant Commerce Clause is that this grant of power implies a negative converse - a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal statute. The premise of the doctrine is that the U.S. Constitution reserves for the United States Congress at least some degree of exclusive power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, § 8). Therefore, individual states are limited in their ability to legislate on such matters. The Dormant Commerce Clause does not expressly exist in the text of the United States Constitution. It is, rather, a doctrine deduced by the U.S. Supreme Court and lower courts from the actual Commerce Clause of the Constitution. Justice O'Connor has written that: The central rationale for the rule against discrimination is to prohibit state or municipal laws whose object is local economic protectionism, laws that would excite those jealousies and retaliatory measures the Constitution was designed to prevent. See The Federalist No. 22, pp. 143-145 (C. Rossiter ed. 1961) (A. Hamilton); Madison, Vices of the Political System of the United States, in 2 Writings of James Madison 362-363 (G. Hunt ed. 1901). http://en.wikipedia.org/wiki/Dormant_Commerce_Clause
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Search Results - THOMAS (Library of Congress) - 0 views

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goverment reform congress

shared by Nye Frank on 29 Jul 09 - No Cached
  • 4. H.R.282 : To prevent Members of Congress from receiving any automatic pay adjustment in 2010.Sponsor: Rep Sestak, Joe [PA-7] (introduced 1/7/2009)      Cosponsors (None) Committees: House Administration; House Oversight and Government Reform Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Nye Frank on 29 Jul 09
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Metropolitan Police Department main page - 0 views

www.dcwatch.com/...default.htm

Police oversight misconduct investigate police resources sheriff

shared by Nye Frank on 08 Mar 09 - Cached
  • Nye Frank on 08 Mar 09
     
    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
  • Nye Frank on 08 Mar 09
     
    Metropolitan Police Department Main Page Home Bibliography Calendar Columns Dorothy Brizill Bonnie Cain Jim Dougherty Gary Imhoff Phil Mendelson Mark David Richards Sandra Seegars DCPSWatch DCWatch Archives Council Period 12 Council Period 13 Council Period 14 Election 1998 Election 2000 Election 2002 Elections Election 2004 Election 2006 Government and People ANC's Anacostia Waterfront Corporation Auditor Boards and Com BusRegRefCom Campaign Finance Chief Financial Officer Chief Management Officer City Council Congress Control Board Corporation Counsel Courts DC2000 DC Agenda Elections and Ethics Fire Department FOI Officers Inspector General Health Housing and Community Dev. Human Services Legislation Mayor's Office Mental Health Motor Vehicles Neighborhood Action National Capital Revitalization Corp. Planning and Econ. Dev. Planning, Office of Police Department Property Management Public Advocate Public Libraries Public Schools Public Service Commission Public Works Regional Mobility Panel Sports and Entertainment Com. Taxi Commission Telephone Directory University of DC Water and Sewer Administration Youth Rehabilitation Services Zoning Commission Issues in DC Politics Budget issues DC Flag DC General, PBC Gun issues Health issues Housing initiatives Mayor's mansion Public Benefit Corporation Regional Mobility Reservation 13 Tax Rev Comm Term limits repeal Voting rights, statehood Williams's Fundraising Scandals Links Organizations Appleseed Center Cardozo Shaw Neigh.Assoc. Committee of 100 Fed of Citizens Assocs League of Women Voters Parents United Shaw Coalition Photos Search What Is DCWatch? themail archives Materials from the Metropolitan Police Department: Citizen Complaint Report Form, PD-99 Materials on the Metropolitan Police Department. Neighborhood Safety Zone Initiative Mayor Adrian Fenty, MPD Chief Cathy
  • Nye Frank on 08 Mar 09
     
    Department of Justice guidelines state that "A law enforcement agency clears a crime by exceptional means when elements beyond its control prevent the placing of formal charges against the offender
Nye Frank

Statutory Protection of Older Persons - Accidents and Injuries - 0 views

injury.findlaw.com/...utory-protection-of-elder.html

elder statutory laws

shared by Nye Frank on 29 Jul 09 - Cached
  • In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime.
  • All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
  • Nye Frank on 29 Jul 09
     
    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
Nye Frank

Enforcing the ADA, Status Report from the Department of Justice, October - December, 2007 - 0 views

www.ada.gov/octdec07.htm

shared by Nye Frank on 07 Apr 09 - Cached
  • Miller v. Johnson -- The Department intervened in the U.S. District Court for the Eastern District of Virginia to defend the constitutionality of an inmate’s private title II lawsuit for damages against Virginia prison officials. The inmate alleges that he is an individual with a disability because of various health conditions and that he required reasonable modifications in prison rules, policies, and practices. Virginia asserted that Congress lacked authority under the ADA to remove the State’s immunity because the ADA’s protections go further than the equal protection rights guaranteed by the U.S. Constitution. The Department argued that Congress had the authority to remove State immunity because the ADA is appropriate legislation under the Constitution to remedy the history of pervasive discrimination against people with disabilities, including in prison administration.
    • Nye Frank
      Nye Frank on 07 Apr 09
       
      no immunity
  • Nye Frank on 07 Apr 09
     
    Therefore, even under Bell Atlantic, the Supreme Court does not require "heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face." 127 S.Ct at 1974. We further note, unlike the requirement articulated in Bell Atlantic that under Fed. R. Civ. P. 8(a)(2), a complaint must contain allegations sufficient to show a "plausible" entitlement to relief, there is nothing in the OOC Procedural Rules requiring that an administrative complaint filed with the OOC show an entitlement to relief, Thus, § 5.01 (c)(1) of the Procedural Rules requires only that an administrative complaint include: "(iv) a description of the conduct being challenged…; (v) a brief description of why the complainant believes the challenged conduct is a violation of the Act and the section(s) of the Act involved; (vi) a statement of the relief or remedy sought…."
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Search Results: elder crime victim in court - 0 views

search.naco.org/search

elder crime victim counties

shared by Nye Frank on 24 Jul 09 - Cached
  • Nye Frank on 24 Jul 09
     
    Sort by date / Sort by relevance NACo | Research News ... Adult Protective Services that combats elder abuse by ... prevention program that incorporated victim restitution, offender ... the overall human cost of crime as well ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=13470 - 32k - Cached [PDF] Schwarzenegger, Acting Secretary Schwarzenegger, Acting Secretary ... ... It incorporates the Elder Justice Act, a bipartisan bill that has been pending in Congress for years and would provide grants for elder abuse prevention. ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=20210 - Text Version [ More results from www.naco.org/CountyNewsTemplate.cfm ] NACo | Legislative Bulletin -- June ... Elder nutrition programs would receive a total of $722 million ... the newly constituted Senate Subcommittee on Crime, Corrections and Victim's Rights ... www.naco.org/.../ContentManagement/ContentDisplay.cfm&ContentID=20773 - 62k - Cached In order to show you the most relevant results, we have omitted some entries very similar to the 3 already displayed. If you like, you can repeat the search with the omitted results included.
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Performance Measurement for Justice Information System Projects - 0 views

74.125.155.132/search

doj performance measures

shared by Nye Frank on 02 Aug 09 - Cached
  • Congress enacted the GPRA in 1993 to make the managers of federal agencies accountable for the results of agency and program activities. The Act requires the establishment of measurable agency and program goals through the development of long-term strategic plans and annual per- formance plans and requires each agency to issue an Annual Performance Report detailing actual results compared to performance goals. To meet the requirements of GPRA, BJA must annually provide performance measures capturing the value of its funding programs to OMB.
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In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the Federa... - 0 views

searchjustice.usdoj.gov/search

tort cal. 14th pro bono crime victims

shared by Nye Frank on 15 Apr 09 - Cached
  • Nye Frank on 15 Apr 09
     
    Intense feelings of anger, fear, isolation, low self-esteem, helplessness, and depression are common reactions to victimization
  • ...8 more comments...
  • Nye Frank on 15 Apr 09
     
    violence victims that are set forth in its Domestic Abuse Code. VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #22 Victims of crime should have rights at administrative proceedings, including the right to have a person of their choice accompany them to the proceedings, the right to input regarding the sanction, and the right to notification of the sanction. Agencies and institutions that seek to hold their employees or students accountable for their alleged criminal or negligent behavior often do so through administrative proceedings, including disciplinary hearings on college campuses in sexual assault cases and other crimes that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is accused of misconduct, which sometimes also constitutes a criminal act. These hearings are held to determine whether an employee or student should be dismissed or sanctioned. Victims often complain about their lack of rights and protections at these hearings. For example, at disciplinary hearings on college campuses and in schools, as well as administrative proceedings when criminal justice personnel are accused of conduct violations, victims are frequently not allowed such fundamental rights as the right to be accompanied by a person of their choice and the right to submit a victim impact statement before the offender is sanctioned.Agencies and institutions should review their disciplinary codes and ensure that From tribal police intervention to tribal court proceedings, the victims of violent crime in Indian country must have rights available to them. They must be informed of their rights, encouraged to exercise their rights, and be protected from further harm. This is the basic responsibility of a tribal criminal justice system. Joseph Myers, Executive Director, National Indian Justice Center In Hess v. Port Auth. Trans-Hudson Corp., 115 S.Ct. 394 (1994), a suit under the
  • Nye Frank on 15 Apr 09
     
    * Substantial numbers of victims in states with both strong and weak protection were not notified of other important rights and services, including the right to be heard at bond hearings, the right to be informed about protection against harassment and intimidation, and the right to discuss the case with the prosecutor.44
  • Nye Frank on 15 Apr 09
     
    While the majority of states mandate advance notice to crime victims of criminal proceedings and pretrial release, many have not implemented mechanisms to make such notice a reality.
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #6 Victims and witnesses of crime should have the right to reasonable protection, including protection from intimidation. The safety of victims and witnesses should be considered in determining whether offenders should be released from custody prior to completing their full sentence. The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of public and law enforcement attention. Justice officials report an increase in the harassment and intimidation of witnesses, making it increasingly difficult to obtain convictions because crime victims and witnesses are afraid to testify.63 Legislatures have attempted to address this problem by mandating "no contact" orders as a condition of pretrial or posttrial release. In addition, victims' bills of rights generally require victims to be notified at the outset of the judicial process about legal action they can take to protect themselves from harassment and intimidation.
  • Nye Frank on 15 Apr 09
     
    Congress made restitution mandatory in federal criminal cases involving violent crimes with the enactment of the Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act.73
  • Nye Frank on 15 Apr 09
     
    All crime victims should have the right to a full range of services and support to help them recover physically, psychologically, and in practical ways from the effects of crime, whether or not they report the crime or become involved in related criminal prosecutions or juvenile adjudications. In the aftermath of victimization, victims may have many different needs.Victims who report crime need information, assistance and protection when they choose to participate in the criminal and juvenile justice process. Not only should victims have the right to be heard or consulted in decisions that affect them, but they should receive protection if they are witnesses and transportation to and from legal proceedings.
  • Nye Frank on 15 Apr 09
     
    Victims should have standing to enforce their rights, and sanctions should be applied to criminal and juvenile justice professionals who deny victims their fundamental rights
  • Nye Frank on 15 Apr 09
     
    VICTIMS' RIGHTS RECOMMENDATION FROM THE FIELD #19 States and the federal government should create compliance enforcement programs, sometimes referred to as victim ombudsman programs, to help facilitate the implementation of victims' rights. 29 Chapter 1: Victims' Rights State victims' rights compliance enforcement programs oversee justice officials' and agencies' compliance with crime victims' statutory and constitutional rights and investigate crime victim complaints relevant to those rights being violated.93 A few states have created such programs within an existing agency or have established a new, statelevel oversight authority. In initiating such a program, officials should consider the importance of meaningful remedies and sanctions for noncompliance with victims' rights laws; and ensure that victims, victim service providers, advocacy groups, and victim-sensitive justice professionals are involved in the program planning process. In addition, justice agencies should consider increasing crime or court surcharges to support a compliance enforcement functions, and should evaluate overall compliance enforcement system. Innovative approaches to victims' rights oversight have been implemented in several states: * The Minnesota Office of the Crime Victims Ombudsman (OCVO) protects the rights of victims by investigating statutory violations of victims' rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged violations, recommend corrective action, and make its findings public to both the legislature and the press. * The South Carolina Office of the Crime Victims' Ombudsman is empowered to act as a referral entity for victims in need of services, a liaison between victims and the criminal and juvenile justice systems in the course of their interaction, and a resolver of complaints made by victims against elements of those systems and against victim assistance programs. In
  • Nye Frank on 15 Apr 09
     
    The Supreme Court in Owen undertook a textual analysis. By the Court's methodology, broad statutory language -- coupled with silence on the subject of privileges, immunities, and defenses -- means that municipalities are liable in federal court for civil rights violations. Owen, 100 S.Ct. at 1407. Its [the statute's] language is absolute and unqualified; no mention is made of any privileges, immunities, or defenses that may be asserted. Rather, the Act [§ 1983] imposes liability upon "every person" who, under color of state law or custom, "subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities of the Constitution and laws." And Monell [supra] held that these words were intended to encompass municipal corporations as well as natural "persons."
  • Nye Frank on 15 Apr 09
     
    Seminole notwithstanding, these cases do not support the conclusion that a city is immune from suit under federal statutes. To the contrary, the Court has clearly established that municipalities can be amenable to civil rights suits in federal court. Owen, 100 S.Ct. at 1407; Monell, 98 S.Ct. at 2035- 2036; Mt. Healthy, 97 S.Ct. at 572. See also Howlett v. Rose, 110 S.Ct. 2430, 2444 (1990) (holding that "Federal law makes governmental defendants that are not arms of the State, such as municipalities, liable for their constitutional violations," but acknowledging that the state and its arms are immune from the reach of § 1983).
Nye Frank

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

title two constitutional rights

shared by Nye Frank on 07 Apr 09 - No Cached
  • Nye Frank on 07 Apr 09
     
    This duty to accommodate is perfectly consistent with the well-established due process principle that, "within the limits of practicability, a State must afford to all individuals a meaningful opportunity to be heard" in its courts. Boddie, 401 U. S., at 379 (internal quotation marks and citation omitted).20 Our cases have recognized a number of affirmative obligations that flow from this principle: the duty to waive filing fees in certain family-law and criminal cases,21 the duty to provide transcripts to criminal defendants seeking review of their convictions,22 and the duty to provide counsel to certain criminal defendants.23 Each of these cases makes clear that ordinary considerations of cost and convenience alone cannot justify a State's failure to provide individuals with a meaningful right of access to the courts. Judged against this backdrop, Title II's affirmative obligation to accommodate persons with disabilities in the administration of justice cannot be said to be "so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior." Boerne, 521 U. S., at 532; Kimel, 528 U. S., at 86.24 It is, rather, a reasonable prophylactic measure, reasonably targeted to a legitimate end. For these reasons, we conclude that Title II, as it applies to the class of cases implicating the fundamental right of access to the courts, constitutes a valid exercise of Congress' §5 authority to enforce the guarantees of the Fourteenth Amendment. The judgment of the Court of Appeals is therefore affirmed.
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