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Topic: Landmark case

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	Landmark decision - Wikipedia, the free encyclopedia
		A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue.
		Landmark decisions in Canada are have usually been made by the Supreme Court of Canada, although historically some have been made by the Judicial Committee of the Privy Council in London.
		Landmark decisions in the United Kingdom have usually been made by the Court of Appeal or the House of Lords, and the High Court of Justice of England and Wales.
	en.wikipedia.org /wiki/Landmark_case (3437 words)

	landmark cases
		It is less important to remember the specific facts of a landmark case (e.g., Johnnie Baxstrom was transferred from a New York prison to Dannemora State Hospital) and more important to be able to recognize a similar pattern of facts later in an actual case or a board exam.
		Most of the landmark cases are appeals court decisions, as opposed to trial court decisions; they address legal issues decided by lower courts and appealed to higher courts such as the United States Supreme Court, a United States Court of Appeals, or a state supreme court.
		Legal issues commonly raised in the landmark cases include denial of Fourteenth Amendment rights (due process and equal protection), cruel and unusual punishment in violation of the Eighth Amendment, and civil rights deprivations under 42 U.S.C. The most important part of the landmark case is the court's ruling or "holding".
	www.emory.edu /AAPL/newsletter/N223Landcases.htm (1540 words)

	WorldNetDaily: Supremes to reconsider landmark abortion case
		The U.S. Supreme Court is scheduled to reconsider next week its landmark 1973 Doe vs. Bolton abortion decision, in response to a lawsuit brought by the case's original plaintiff, who claims she was pressured by ACLU attorneys to opt for abortion and that the case was based on fraud.
		Cano, who at the time of the case was a pregnant, 22-year-old wife of an abusive husband and all three of her children in foster care, was just looking for a way to get her children back and leave her husband, she says.
		With her case scheduled to be considered by the high court next Wednesday, Cano says the justices have ignored vast advances in scientific and medical knowledge in the last three decades, and have "frozen abortion law based on obsolete 1973 assumptions and prevented the normal regulation of the practice of medicine."
	www.worldnetdaily.com /news/article.asp?ARTICLE_ID=52210 (1187 words)

	Landmark Dining, Inc., Case Study Packet 2005
		Additional case studies can be found in the Quality Reference Archive, and additional resources for members of the Board of Examiners can be found in the 2005 Virtual Examiner Handbook.
		The case study packet is a useful tool that includes information relating to scoring, Criteria responses, and examination processes, as well as illustrating the format for an application.
		Self-assessment and self-improvement uses of the case study packet are limitless, and outreach efforts of the Baldrige community are strengthened by use of the materials in this packet.
	www.quality.nist.gov /Landmark.htm (405 words)

	Amazon.fr : Landmark Supreme Court Cases: A Reference Guide: Livres en anglais: Donald E. Lively (Site not responding. Last check: 2007-11-03)
		Cases selected for this work are those in which the Supreme Court's decisions have had a profound impact on society and the future and a meaning that transcends the impact on the immediate parties.
		Each case features a fact box for quick reference succinctly identifying the issue, year of decision, outcome, vote, and author of the opinion.
		The narrative discussion of each case puts it in historical perspective, examines the background and constitutional issue involved, the case itself, why it is a landmark case, and its significance and impact.
	www.amazon.fr /Landmark-Supreme-Court-Cases-Reference/dp/0313306028 (477 words)

	Promise of landmark case remains unrealized
		Far too often, those who are unable to afford counsel are left to meet their lawyer for the first time on the eve of an important court proceeding, or even trial.
		A recent national study determined that inadequate legal representation was one of the main causes of wrongful convictions in death penalty cases.
		He is a member of the board of directors of the National Association of Criminal Defense Lawyers, a past president of the Alabama Criminal Defense Lawyers Association, and a member of the Alabama Sentencing Commission.
	www.patrickcrusade.org /landmark_case_unrealized.html (663 words)

	White & Case LLP - Publications - Landmark Case Allows NY Court to Assert Jurisdiction to Modify Foreign Custody Order
		When Josefina filed custody and family offense petitions, the case was assigned to the newly formed Integrated Domestic Violence Court in Bronx County.
		During briefing, the White and Case team emphasized Hector’s long history of abuse against Josefina and the children, and how the Dominican court failed to take that into account.
		More importantly, they argued that Josefina’s decision to flee the Dominican could not be considered unjustifiable conduct under the UCCJEA because she did it to protect herself and the children.
	www.whitecase.com /publications/detail.aspx?publication=168 (588 words)

	The Landmark Amway Case - Jeffrey Babener MLM Attorney
		This was a landmark ruling in establishing the distinction between "speculative or fraudulent schemes" and legitimate direct sales activities.
		In The Matter of Amway, 1979, the agency attempted to make the case that Amway was a pyramid scheme and, therefore, a deceptive trade practice under FTC consumer laws.
		Amway prevailed, and in the landmark 1979 ruling its marketing method was ruled to be a legitimate business opportunity.
	www.mlmlegal.com /landmark.html (959 words)

	The Supreme Court Overturns Sodomy Laws in Landmark Case
		In the other criminal case resulting in a legal challenge, a Minnesota bartender was arrested for engaging in oral sex with a woman in the bar after closing time.
		In addition to the cases in Texas, Minnesota, Maryland and Puerto Rico, challenges are pending in state courts in Arkansas and Louisiana.
		Two state court challenges to the law, including the case involving the Dallas police force, were dismissed in 1994 by the Texas Supreme Court, which ruled that the legitimacy of a criminal statute in Texas cannot be contested through a lawsuit, that the challenge must arise from a criminal case.
	www.soulforce.org /article/652 (2958 words)

	Tobacco Litigation
		The case is before U.S. District Judge Gladys Kessler of the U.S. District Court for the District of Columbia.
		Order #230 (dated October 1, 2002), set a new schedule for the completion of discovery and other pretrial matters, and advised that trial was set to commence in September 2004.
		The proposed written testimony of adverse witnesses called by the United States is not posted on this website, pursuant to procedural changes ordered by the Court, in Order #471A, dated October 1, 2004 and Order #680, dated October 7, 2004.
	www.usdoj.gov /civil/cases/tobacco2 (1650 words)

	americas.org - Dilemma for Tony Blair in Landmark U.S. Case (Site not responding. Last check: 2007-11-03)
		The landmark case, which is likely to be heard in the first half of next year, also presents the Blair government with a serious dilemma.
		Two of the detainees whose case will be heard are British citizens, and the government will be under pressure to make an argument before the supreme court, making clear its position on the Bush policy of detentions without trial.
		Lawyers for the inmates argued that this case was not relevant to the war on terrorism because the undeclared conflict respects no borders, has no foreseeable end and could result in detainees being held without trial indefinitely.
	www.americas.org /item_610 (833 words)

	BW Online \| November 2, 2000 \| A Landmark Case for Mandatory Arbitration
		Depending on what the justices decide, the case could either boost or stifle the growing practice of requiring nonunion employees to forgo litigation and take complaints to binding arbitration -- including matters involving job discrimination outlawed by state or federal statutes.
		Although that case revolved around an employment dispute, it didn't settle the issue of whether the FAA governs employment contracts.
		For one, if workplace arbitration is discouraged, a wave of new discrimination cases could flood the courts as employees turn to the justice system to settle their disagreements, says Christine L. Wilson, a lawyer who wrote another friend-of-the-court brief supporting Circuit City for the Society for Human Resource Management, a human resources professional organization.
	www.businessweek.com /careers/content/nov2000/ca2000112_381.htm (1394 words)

	UH -Top Education Stories - Little-known case was landmark for Hispanics
		Because of the precedent set in the case, Hispanics today are treated as a distinct group for the purposes of education, political redistricting and the divvying up of public contracts.
		But in making their case to higher courts, Mexican-American attorneys argued that in almost every way, Mexican-Americans in Texas were just as excluded and mistreated as fls in the old South.
		HERNANDEZ V. • What: A landmark case that determined Mexican-Americans were a discrete group for the purposes of applying the equal protection clause of the 14th Amendment
	www.uh.edu /ednews/2004/hc/200411/20041118hernandez.html (685 words)

	BBC NEWS \| Health \| Life of sick baby 'intolerable'
		A baby at the centre of a landmark case over whether life support can be withdrawn has an "intolerable life", the High Court has heard.
		An injunction reporting any details of the case has been lifted after an application by the BBC, but none of the parties involved can be identified.
		Last week, Mr Justice Holman who is hearing the case, said it could be a landmark one as it was the first time a court had been asked to make a life or death ruling on a child who has near or full cognitive function.
	news.bbc.co.uk /1/hi/health/4770154.stm (737 words)

	Harvard Case Study
		The case study is copyrighted by the President and Fellows of Harvard College and is not currently available for purchase.
		Harvard Business School prepares cases to serve as a basis for classroom discussion rather than to illustrate effective or ineffective handling of an administrative setting.
		These cases do not in any way constitute an endorsement or statement of official position, positive or negative, regarding their subject matter.
	www.landmarkeducation.com /display_content.jsp?top=21&mid=80&bottom=116&subsection=164 (124 words)

	Not your everyday landmark case \| Tech News on ZDNet
		"This is likely to be the landmark case in unilateral effects," he told a packed house in the San Francisco federal court.
		But Wall is right on when he calls this a "landmark case." First, it's very rare for companies to challenge government antitrust suits and rarer still for it to happen in information technology.
		In the Oracle case, the government's position is stronger, first because the target of the bid, PeopleSoft, wants to get off the hook and is cooperating with the Justice Department.
	news.zdnet.com /2100-9595_22-5230129.html (1299 words)

	Supreme Court case has landmark potential - News - church-state relations Christian Century - Find Articles
		A CASE THAT the Supreme Court accepted this month has the potential to create another legal landmark at a critical time for church-state relations, according to a group of First Amendment experts.
		The high court heard oral arguments December 2 on the appeal involving state funding for a student, Joshua Davey, who had planned to study theology, and court-watchers were left guessing on which way a likely 5-4 decision might fall.
		Davey case "has the potential to he very significant," said Ira Lupu and Robert Tuttle, George Washington University Law School professors who authored the report and serve as the Roundtable's resident legal scholars.
	www.findarticles.com /p/articles/mi_m1058/is_26_120/ai_112131078 (761 words)

	THE BECRAFT LANDMARK CASE (Site not responding. Last check: 2007-11-03)
		In presenting the case for the IRS, the government, represented by assistant US attorney Curtis Collier assisted by special agent Michael Geasley of the IRS, declared that Long had grossed income in excess of $49,000.00 for each year, and that he willfully failed to file income tax returns.
		Long then filed a motion to dismiss the case against him, partly on the grounds that the counts against him failed to charge an offense and that he was not within the purview of the Internal Revenue Code.
		This is a very important brief, because it counters the attempt often made by the prosecution in tax cases to prevent the defendant from defending himself, by ruling certain evidence inadmissible.
	www.wealth4freedom.com /truth/search/landmark.htm (4313 words)

	Top court to hear landmark P2P case Tuesday \| CNET News.com (Site not responding. Last check: 2007-11-03)
		Tuesday's file-swapping case is the first time in 20 years that the Supreme Court has revisited that landmark ruling in a substantial way.
		The record companies and Hollywood studios that have brought the case don't exactly disagree--but they say it's artists' ability to earn a living by their work, and therefore artistic innovation itself, that's at stake.
		"This is the most important copyright case to come in front of the Supreme Court, from the perspective of its effect on the economy, since the Sony (VCR) case," said Annette Hurst, a San Francisco copyright attorney with Howard Rice Nemerovski Canady Falk & Rabkin.
	news.com.com /Top+court+...+P2P+case+Tuesday/2100-1027_3-5638040.html (586 words)

	State: Landmark case gets a marker in history
		But he won a new trial, and then acquittal, as the result of a landmark ruling from the U.S. Supreme Court.
		The case resulted in the creation of public defender systems across the nation.
		A customer told police he saw Gideon, then 50, steal change and cases of beer, wine and soda from the bar before making his getaway in a taxi.
	www.sptimes.com /2003/08/06/State/Landmark_case_gets_a_.shtml (401 words)

	Court takes up racial preferences in landmark case \| csmonitor.com (Site not responding. Last check: 2007-11-03)
		The concept of diversity is at the center of both the law-school and undergraduate cases.
		In Grutter's case against the law school, her lawyers say the minority admissions plan goes far beyond the individualized "plus factor" outlined by Powell.
		Law-school data comparing applicants based on their LSAT test scores and college grades in 1995 show a sizable and consistent disparity between acceptance rates for minority applicants on one hand (that is, fl, Hispanic, and native American) and white and Asian-American applicants on the other hand.
	www.csmonitor.com /2003/0331/p04s01-usju.html (1098 words)

	EFF: Breaking News
		A federal court issued a decision [PDF 3.0M] in the case finding that the statute authorizing NSLs is unconstitutional and barring the DOJ from issuing further NSLs.
		When Gilmore's case was dismissed by US District Judge Susan Illston in 2002, the government refused to show the challenged regulations to the district court -- or admit that the regulations even existed.
		EFF represents one of the prevailing defendants in that case.
	www.eff.org /news/archives/2004_09.php (3896 words)

	Landmark Genocide Case Opens at World Court
		The U.N.'s highest court has begun hearing a landmark case in which Bosnia-Herzegovina accuses Serbia and Montenegro of state-level genocide during the Bosnian conflict of the 1990s.
		Bosnia filed the case with the International Court of Justice in The Hague in 1993.
		Bosnian representative Sakib Softic said, in his opening statement, that the case is not aimed at Bosnian Serbs, but at the Belgrade authorities who, he said, took Bosnia's non-Serbs "on a path to Hell." His team is expected to focus on the 1995 Srebrenica massacre of 8,000 Muslims by Serb forces.
	www.voanews.com /english/2006-02-27-voa38.cfm (407 words)

	The Landmark Case
		Roe vs. Wade is a landmark case that is held up (as example) and up-held.
		It's a landmark case and lot's of decisions have been made due to it and based on it.
		Carrie Hutchens is a former law enforcement officer and a freelance writer who is active in fighting against the death culture movement and the injustices within the judicial and law enforcement systems.
	www.dakotavoice.com /200604/Opinion/Guest/20060424_CH.html (475 words)

	Trying a 'landmark case' \| Perspectives \| CNET News.com (Site not responding. Last check: 2007-11-03)
		By contrast, European regulators have been concerned about whether a proposed transaction would give the merged firm(s) a dominant market position in terms of "coordinated effects." That is, after the merger, two firms would have a combined share of 80-90 percent or more of the relevant market and could collude on pricing.
		Oracle represents a "landmark case," because so much of it pivots around the unique cultures of the two companies involved.
		Probably the only recent precedent is a 2001 case in which SunGard, a disaster recovery company, got a Justice Department lawsuit overturned that sought to block its $825 million acquisition of a rival unit of Comdisco.
	news.com.com /Trying+a+'landmark+case'/2010-1014_3-5229895.html?&... (1300 words)

	EFF: The Betamax Case (Site not responding. Last check: 2007-11-03)
		Universal Studios, or the Betamax case, is a landmark copyright case decided by the U.S. Supreme Court in 1984 that has sheltered a wide array of technology innovators from lawsuits at the hands of the entertainment industries.
		In fact, it is thanks to the Betamax ruling that the makers of not just VCRs, but also every other technology capable of being used for infringement (e.g., photocopiers, personal computers, Cisco routers, CD burners, and Apple's iPod) can continue to sell their wares without fear of lawsuits from copyright owners.
		In the Betamax case, the Supreme Court ruled that a company was not liable for creating a technology that some customers may use for copyright infringing purposes, so long as the technology is capable of substantial non-infringing uses.
	www.eff.org /legal/cases/betamax (1022 words)

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