“What the Black Codes of Ohio and Illinois do reveal is the effort which was directed toward regulating every aspect of the free Negro’s life.” Source: The problem of slavery in the Old Northwest, 1787-1858
“Americans knew little of smoking it as an intoxicant, a custom widespread in the east that is, until the Sultan of Turkey, Abdul Hamid II gave a very special birthday gift to the American people.” “In 1876, a world’s exposition
“The probative value of the evidence in question may be substantial: the social media videos and posts arguably corroborate the existence of a conspiracy to distribute controlled substances; identify and expose the relationships amongst various members of the DTO; and
In Supreme Court of New Jersey. STATE of New Jersey, Plaintiff–Appellant, v. Michael CAHILL, Defendant–Respondent the discussed Prejudice stating the following: “Defendant retained an attorney, who promptly filed a motion to dismiss the motor vehicle charges on the ground that
Here, Family Court initiated the underlying contempt proceeding, applied for the subpoenas duces tecum, ruled upon petitioner’s respective motions to quash and dismiss, questioned the only witness to testify at the hearing, ruled upon counsel’s objections thereto, acted as
Holding Alabama Supreme Court Justice’s expressions of frustration with insurance companies did not establish disqualifying bias, although his pecuniary interest in a concurrent lawsuit did. The Court in Commonwealth Coatings Corp. v. Continental Casualty Co., 393 U.S. 145 (1968), stated
“Substantial interest is a term that applies in many contexts and often isn’t capable of a precise definition. It may be defined as a percentage of ownership, but may be more generally used to mean an interest that is not
In Tumey, which originated this line of cases, the personal interest was financial and immediate: The compensation of the adjudicating officer (a mayor) included the costs assessed against those defendants whom he found guilty. An equally direct financial gain from
Holding that “the remedy for allegations of jury partiality is a hearing in which the defendant has the opportunity to prove actual bias. In these cases, however, the Court regarded “actual bias” as including “not only prejudice in the
Peleg Emory Aldrich (July 24, 1813 – March 14, 1895) was a teacher, lawyer, politician and jurist who served as the twelfth mayor of Worcester, Massachusetts and as an Associate Justice of the Massachusetts Superior Court. His book on the
“This article explains the law of peace treaties in Islam. Its findings are that the Imam (Muslim head of state) can enter into a peace treaty if it is beneficial for the Muslims and its provisions are not against the
This blog is to inform Moors and non Moors who ignorantly subscribe, embraced or adopted the White Christian Sovereign Citizen interpretation of the legal term “Capitis Diminutio” in general, because it is definitely something American Moors or those known as “African Americans, Black Americans, Black Indians, Blacks (Eng.) or Negroes (Spanish)
“The New Jim Crow is a stunning account of the rebirth of a caste-like system in the United States, one that has resulted in millions of African Americans locked behind bars and then relegated to a permanent second-class status—denied
“Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible “debts,” prisoners were sold
Citing from David Treuer’s L. A. Times article: “The major difference between Indian and European populations was the fact that Indians were enslaved to work on gold mines and silver mines in alarming numbers beginning on Columbus’ second voyage whereas
“At the founding of the Mali Empire, the Manden Charter was born. Sometime in the 1200s, a great warrior named Sundiata Keita pronounced it. Though Disney takes credit for the moniker, Keita was the original “Lion King.” After calling for
The constitution of Medina and not the Magna Carta was the first ever constitution describing a pluralistic society. The Charter of Medina (Arabic: صحيفة المدينة, Ṣaḥīfat al-Madīnah; or: ميثاق المدينة, Mīthāq al-Madīnah), also known as the Constitution of Medina (دستور
In its decision in the case of U.S. v. Bhagat Singh Thind (1923), the Supreme Court deemed Asian Indians ineligible for citizenship because U.S. law allowed only free whites to become naturalized citizens. The court conceded that Indians were “Caucasians” and that
“Governor Spotswood also sensed the danger. The 1710 conspiracy demonstrated the ability of the enslaved to organize across ethnic lines–and at a time when their numbers were rapidly increasing–making them a “Most Dangerous” enemy. He chided slaveholders for their lax
“A watershed in the developing ideology was reached when in 1723 the General Assembly of Virginia passed an act ostensibly designed to promote better government and social control. One of its most significant articles state that “no free negro, mulatto,
“Colonial legislators across the slave societies of British America grappled with pressing questions related to racial heritage and political participation in the early eighteenth century. In 1721, in response to concerns about “Sham Free-holders” voting in violation of “the freedom
“This legislation and other sources reveal that not all the early Negro population in the Chesapeake were slaves, although the percentage of free Negroes was very small. The early treatment of the free Negro was in part an index of
“The doctrine of infra praesidia was denied, and it was asserted that the property was vested by capture as to the enemy; that though it may be trespass as to the neutral, the taking vests the right in the captor,
This paper produced by Marie A. Failinger provides excellent references and details. Inside the paper is found the following: Beyond these early explorers and the occasional free Muslim mentioned in early histories, recent historians of Muslim America suggest that the
“McInerney has been appointed the presiding judge over the 40 municipal courts in Burlington County. Chief Justice Stuart Rabner named McInerney, of Cinnaminson, New Jersey (Burlington County) (Pictured Above) Chief Justice Stuart Rabner named McInerney , of Cinnaminson, to the position to replace Bonnie L. Goldman, who
“In the meantime, Adams and Jefferson were attempting to conclude a treaty with Tripoli. The initiative, relative to this, had been taken by one Abdurrahman, a Tripolitan ambassador in London. To an acquaintance, he had expressed surprise that Adams had
“George Ashmun (December 25, 1804 – July 16, 1870) was a Whig member of the U.S. House of Representatives from Massachusetts. Ashmun was born in Blandford, Massachusetts to Eli P. Ashmun and Lucy Hooker. He graduated from Yale in
“WHEREAS, The Supreme Court of the United States has solemnly declared its opinion that the congressional enactment known as the civil rights law, of February 27, 1875, is not in accordance with the United States Constitution, and consequently inoperative as
“The brothers Christopher and Bartholomew Columbus had offered their westward services to Henry VII in 1491-92 in the hopes of receiving patronage, although there is no evidence that they received English royal favour before approaching the rulers of Castile. Perhaps it
“The Doctrine of Discovery is one of the earliest examples of classical international law—that is, the accepted legal norms and principles that control conduct between different states. The Doctrine was developed to regulate European countries’ actions and conflicts over exploration,
“The English possessions in America were not claimed by right of conquest, but by right of discovery. According to the principles of international law, as then understood by the civilized powers of Europe, the Indian tribes in the new world
“At a time when most Americans were uninformed, misinformed, or simply afraid of Islam, Thomas Jefferson imagined Muslims as future citizens of his new nation. His engagement with the faith began with the purchase of a Qur’an eleven years before
“It remains curious in this regard that little effort is made to examine the attempts medieval Latin-Speaking Christians made to assert their Visigothic roots vis-a-vis Christian communities embracing Arab culture and language. What continuities may be present here? The second
“For now though, what’s important to the story of English trade with Morocco is Sebastian’s inglorious and devastating defeat, and the fact that all 3 rulers, Sebastian, Al-Malik, and Abdallah Muhammed died on the one day of fighting.” Source: Thomas
Discussion on Moors can be found on pages 162, 234, 341 in The Law of Freedom and Bondage in the United States, inside we find: “Whatever foundations there may have been in natural reason for slavery, in the opinion of
Professor Kimani Paul-Emile, an associate professor of law at Fordham University and associate director of its law school’s Center on Race, Law & Justice, published a 72-page report titled “Blackness is a Disability”. Professor Emile bottom line is being black
“Black” Becomes a Synonym for “Slave” The Skin Color customs of modern American Blacks demonstrates that they have adopted their former master’s ideas as to the identity given to them after being stripped of their freedom. This also shows the
“In State v. Weleck, 10 N.J. 355 (1952), the court said: the duties are prescribed by some special or private law, the duties are imposed by a general statute or arise out of the very nature of the office, the
At the pleading stage, however, the plaintiff need only set forth “a short and plain statement of the claim showing that the pleader is entitled to relief” as required by Federal Rule of Civil Procedure Rule 8(a)(2). Id. at 508,
Although there is some authority for the proposition that the Ninth Amendment is a source of fundamental rights, see Griswold v. Connecticut, 381 U.S. 479, 493, 85 S.Ct. 1678, 14 L.Ed.2d 510 (1965) (Goldberg, J., concurring) The Ninth Amendment provides: “The
Alexander Tsesis* Abstract: This Article discusses why the Thirteenth Amendment’s reach extends beyond the institution of slavery and has important implications for civil liberties. The Amendment—in providing a mechanism to protect fundamental rights articulated in the Declaration of Independence and Preamble
The requirements of a violation of an individual’s Thirteenth Amendment rights are clear. See United States v. Kozminski, 487 U.S. 931, 108 S. Ct. 2751, 101 L. Ed. 2d 788 (1988). In 1871, the Virginia Supreme Court ruled that
While disease or illness may warrant equitable tolling, the disease must be of such severity that it rendered the litigant unable to pursue his legal claims. See Fisher v. Johnson, 174 F.3d 710, 715 (1999) (referring to mental illness);
“Of critical significance is the fact that in holding § 20 constitutional the Court construed it to extend only to acts committed with the intent to deprive a person of a right made specific (1) by the express terms of
Stating that the plaintiffs could not rely on the Fourteenth Amendment’s privileges and immunities clause because it “has remained essentially moribund since Slaughter House” Presumably, these rights of national citizenship were protected against state infringement since the beginning of the
“To show a fundamental miscarriage of justice, a petitioner must demonstrate that he is actually innocent of the crime . . . by presenting new evidence of innocence.” Nor does he allege that lack of review by this court
“It comes down on its face to a very plain admonition: “Do not be technical, where technicality does not really hurt the party whose rights in the trial and in its outcome the technicality affects.” Kotteakos v. United States
Elaborates upon the intent “to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union,” and to establish equal treatment and freedom of movement for the free inhabitants of each state to pass
“Cities have been traditionally regarded as subordinate governmental instrumentalities created by the state to assist in the carrying out of state governmental functions. Reynolds v. Sims (1964), 377 U.S. 533, 575, 12 L.Ed. 2d 506, 84 S.Ct. 1362; State v.
“As an officer of the court, a member of the bar enjoys singular powers that others do not possess; by virtue of admission, members of the bar share a kind of monopoly granted only to lawyers. Admission creates a license
In Montrose Med. Group Participating Sav. Plan v. Bulger, 243 F.3d 773, 777 (3d Cir. 2001), the Third Circuit defined the requirements for arguing judicial estoppel: “Judicial estoppel may be imposed only if: (1) the party to be estopped is
Rather, the rule permits a reconsideration only when “dispositve factual matters or controlling decisisions of law” were presented to the court but were overlooked. See Resorts Int’l v. Great Bay Hotel and Casino, 830 F. Supp. 826, 831 (D.N.J.
(the public’s interest in vindicating important federal rights.)” Ryan v. Burlington County, N.J., 889 F.3d 1286, 1292 (3d Cir. 1989) Here, the present matter involves a public entity, public safety, and matters of public concern—all factors which support the
Finding that errors concerning alleged due process violations may amount to a miscarriage of justice and invalidate an appellate waiver. U.S. v. Khattak 273 F.3d 557 (3d Cir. 2001) As we explained in our decision in Cristin, 281 F.3d at
Moorish treaties use the phrase “Any Moors” in several provisions found in treaties with the British and the United States. The “Any Moors” phrases implies private rights of actions just as “Any Person” does within the private rights of actions
Although Abdul Rahman is a Moor, otherwise called Prince of Ibrahim, who has been forty years a slave in this country. He wrote two or three years since to the Emperor of Morocco, in Arabic, in consequence of which
In addressing the standard for a substantive due process claim, the Court noted that it was “behavior at the [extreme] end of the culpability spectrum that would most probably support a substantive due process claim.” Id. at 849, 118 S.Ct. 1708.
Case # 17871 1729. Monmouth County. Robert Hunter (late Governor of New Jersey) v. Johannes Smock (Surety for Obadiah Bowne, deceased, late Executor of Captain John Bowne) Rejoinder in Debt on Bond (from 1719) On a £10,000 surety bond for
The words “equal justice under law” paraphrase an earlier expression coined in 1891 by the Supreme Court. Cabraser, Elizabeth. “The Essentials of Democratic Mass Litigation”, Columbia Journal of Law & Social Problems, Vol. 45, p. 499 (Summer 2012). Peccarelli, Anthony.
Mandamus is an extraordinary remedy. See Kerr v. U.S. Dist. Court, 426 U.S. 394, 402 (1976). Within the discretion of the issuing court, the writs traditionally may be “used . . . only ‘to confine an inferior court to a lawful exercise
“When there is a conflict between the oral opinion of the trial judge and the order entered, the oral opinion is controlling. State v. Pohlabel, 40 N.J. Super. 416, 423 (App. Div. 1956); see also State v. Warmbrun, 277
“Before the Declaration of Independence, “subject” and “denizen” 2 were the terms most frequently used in’the United States in connections where “citizen” would now be the proper word. This was the natural usage in what then were British colonies, endowed
“Plaintiffs moved to dismiss the indictment on the grounds that, inter alia, the prosecution violated the nurse plaintiffs’ Thirteenth Amendment rights and Vinluan’s First Amendment rights. ( Id. ¶ 94.) Their motion was denied by the state trial court judge
Holding that state law governs substantive issues and federal law governs procedural issues Erie R. Co. v. Tompkins 304 U.S. 64 (1938) “The Due Process Clause, however, ‘does not transform every tort committed by a state actor into a constitutional
Citing 8 Moore’s Federal Practice 3.05 at p. 3-7 (in effect in 1975), the district court observed that “[a]lthough a private citizen is not barred by the Rules from instituting a complaint before a magistrate; he may not do so
Before anyone can look into the various meanings of Al-Hudaybiah treaty, or any Muslim treaty hoping perhaps to ascertain the meaning of certain approaches or tactics used to arrive at agreements, or to enforce agreements, etc. one must understand some
“The following is a useful article written by a brother some time ago. It is especially relevant now due to the ongoing peace process in order to legitimize the illegal Israeli state. In 1979, the Egyptian regime signed a peace treaty with
UNITED STATES – APRIL 8: Rep. Grace Meng, D-NY, participates in the House Democratic women news conference to mark “Equal Pay Day” on Tuesday, April 8, 2014. The lei was made out of Pay Day candy bars strung together. (Photo
“Webster’s New International Dictionary of the English Language, published in 1923, states, under “Family of Nations”: “—f. of nations. Internat. Law, an aggregate of states, which, as a result of their antecedents, have inherited a common civilization, and are at
The sovereign power being in the people, it can be exercised only through an agency of the people. Cooley’s Constitutional Limitations, 8th Ed., Vol. 1, p. 87. The constitutional convention is an agency of the people to formulate or amend and revise
Fouad Ammoun was a Minister for Foreign Affairs in Lebanon. Born 1900, educated University of St. Joseph, Beirut, where he graduated. He was born the son of Maronite Christians and completed his law studies in Beirut, Lyon, and Monrovia. After working as a
“The Court then considered the extent of the consular jurisdiction of the United States in Morocco and held that the United States was entitled to exercise such jurisdiction in the French Zone in all disputes, civil or criminal, between United
The author treats on his subject under two headings that of private international law (Part I) and that of English law (Part II.) This division lends itself admirably to a comparative study of the laws of the various countries upon
The U.S. Government sent its first official communication to the Sultan of Morocco in December 1780. It read: “We the Congress of the 13 United States of North America, have been informed of your Majesty’s favorable regard to the interests
“Courts have long recognized that attorneys, because of their profession, owe some duty to the court and to the public to serve without compensation when called on. [T]he obligation of the legal profession to serve indigents on court order is
In United States v. Twigg, 588 F.2d 373, 379 (3d Cir. 1978), we held that due process and “fundamental fairness will not permit any defendant to be convicted of a crime in which police conduct was `outrageous.’” Holding that due
In Board of Chosen Freeholders the Court found that: “Defendant was acting as a judicial officer and was bound to an even higher standard of ethical conduct than other public officials. He had a duty to enforce court orders.
In 1993, the Supreme Court struck down the heightened pleading requirement for civil rights cases. See Leatherman v. Tarrant County Narcotics Intelligence Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993) (“We think that it
The NJLAD makes it unlawful “[f]or an employer, because of race . . . to discriminate against such individual in compensation or in terms, conditions or privileges of employment.” N.J.S.A. 10:5-12(a). When analyzing claims of discrimination under the NJLAD based on
Judges have an “inherent authority” to impose sanctions for blatant violations of our court rules apart from any specific provisions setting forth those sanctions. Mandel v. UBS/PaineWebber, Inc., 373 N.J.Super. 55, 82, 860 A.2d 945, 961 (App. Div.
“To alter, amend, or add to any treaty, by inserting any clause, whether small or great, important or trivial, would be on [the] part [of courts] an usurpation of power, and not an exercise of judicial functions.” Id. at 135,
Concluding as “firmly grounded in New York law,” the conclusion from Gentile, Walker, and Myers that “where prosecutors, pursuant to policy or custom, conceal exculpatory evidence and commit other wrongs in order to secure a conviction, liability rests
Carfagno made manifest, by word and deed, that racial bias motivated his selection of the assault victims in this case. See Adams v. Commonwealth, 33 Va. App. 463, 471, 534 S.E.2d 347, 351 (2000). Carfagno used the term
Group libel is defined as the depiction of the “depravity, criminality, unchastity, or lack of virtue” of any social group, including a race, which holds the group up to public contempt. All racial and ethnic insults imply debasement
The “fighting words” doctrine encompasses direct, scurrilous verbal abuse of an individual or small group likely to incite an immediate breach of the peace. “Fighting words” are “`personally abusive epithets’ and not merely [words that are deemed] a
We have previously stated that “fraud upon the court includes . . . fraud by an officer of the court, including an attorney.” In re Genesys Data Techs., Inc., 204 F.3d 124, 130 (4th Cir. 2000). This would, at
Passaic County Legal Aid Society is a prepaid legal services corporation funded in part under the National Legal Services Corporation Act, 42 U.S.C. §§ 2996a-k. Its special mission is to provide legal representation to needy people and to make
“‘[W]here the subject concerns the enforcement of the … rules which by law it is the duty of this court to formulate and put in force’, mandamus should issue to prevent such action thereunder so palpably improper as to place
Civil Rights Conspiracies: Section 1985(3) after Carpenters v. Scott. “In contrast, state action is not required for a section 1985(3) action based upon a conspiracy to interfere with one’s thirteenth amendment right to be free from the badges of slavery.” The Griffin
The doctrine of abuse of process engages the inherent power of the court to prevent the misuse of its procedure in a way that would be manifestly unfair to a party to the litigation before it or would in some
Due Process Clause of the Fourteenth Amendment, such as the “right to be heard in an impartial forum,” Great W. Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159, 161 (3d Cir. 2010), and the “right of access
As to what would constitute fundamental injustice, it may be useful to consider a case such as State v. Cerbo, 78 N.J. 595 , 397 A.2d 671 (1979). In that case the Court dealt with a violation of statutory
Finding “extraordinary circumstances in a legal system that was openly hostile to the [plaintiffs], courts that were practically closed to their claims, a City that blamed them…and actually suppressed the facts, an era of Klan domination of the courts