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98-429: The Animal Enterprise Terrorism Act ( AETA ) of 2006 is a United States federal law ( Pub. L. 109–374 (text) (PDF) ; 18 U.S.C. § 43 ) that prohibits any person from engaging in certain conduct "for the purpose of damaging or interfering with the operations of an animal enterprise." The statute covers any act that either "damages or causes the loss of any real or personal property" or "places
196-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
294-469: A "course of conduct" as proof of purpose or possible conspiracy. The Animal Enterprise Terrorism Act was overwhelmingly embraced by the pharmaceutical industry. The National Association for Biomedical Research (NABR) lauded the passage of the bill stating: "Today, the AETA provides greater protection for the biomedical research community and their families against intimidation and harassment, and addresses for
392-563: A 30-year sentence for arson will be put off by a restraining order. It's not going to have any effect." Newsweek reported "The ALF Press Office's Vlasak says that the plan will be ineffective, in part because it circumscribes the actions of only five above-ground protesters. 'There [are] 150 more who remain' that can say and do what they want, Vlasak says." The controversy continued in July 2004 when Jamie Doward of The Observer wrote that Vlasak had told him during an interview: "I think violence
490-548: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
588-467: A Senate procedure that is used to expedite the passage of non-controversial bills without an actual vote. On November 13, 2006, the House passed the bill under suspension of the rules , a procedure generally used to quickly pass non-controversial bills. The lone dissenting statement was made by Representative Dennis Kucinich , who said that the bill was "written in such a way as to have a chilling effect on
686-509: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." Jerry Vlasak Jerry Vlasak (born c. 1958) is an American animal rights activist and former trauma surgeon . He is a press officer for the North American Animal Liberation Press Office ,
784-443: A country where 45 million people do without reliable access to ANY medical care, there is no reason to waste hundreds of millions of dollars testing drugs and procedures on non-human animals. In a world where 20,000 children are dying from lack of access to clean water each week world wide, there is no reason to waste hundreds of millions of dollars testing drugs and procedures on non-human animals. Vlasak has been active in opposing
882-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
980-420: A dog breeding organization, endorsed the bill, because it contains "explicit language" which protects the right of protesters to engage in "peaceful picketing or other peaceful demonstration." The American Civil Liberties Union (ACLU) did not oppose the bill, but expressed concerns that "minor changes [were] necessary to make the bill less likely to chill or threaten freedom of speech." The ACLU requested that
1078-581: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
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#17327916553511176-678: A former director of the Animal Defense League of Los Angeles, and a former advisor to SPEAK, the Voice for the Animals . Vlasak came to public attention in 2003, 2004, and again in 2008, when he made statements favorable to the use of violence against animal researchers. He and his ex-wife, former actress Pamelyn Ferdin , were banned from entering the United Kingdom in 2004, on the grounds that their presence, according to
1274-597: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
1372-409: A jury to infer a conspiracy. One defendant was convicted for providing "technical assistance" for the group's website because the website was then used by others to organize unlawful acts. At least one of the defendants was placed in an exceptionally restrictive Communication Management Unit , reserved for inmates the government considers terrorist threats. In 2009, four individuals were indicted under
1470-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
1568-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
1666-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
1764-451: A medical doctor who spends my entire life SAVING lives, is calling for or encouraging the assassination or killing of any being, human or non human." He continued: People have been killed over absolutely ridiculous things like oil, power and money. It would be "speciesist" of me to say that in a battle for the moral and ethical high ground ... that there will never be casualties. I'm not encouraging or calling for this, I am simply stating that
1862-478: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
1960-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
2058-497: A person in reasonable fear" of injury. The law amends the Animal Enterprise Protection Act of 1992 ( Pub. L. 102–346 ) and gives the U.S. Department of Justice greater authority to target animal rights activists . The AETA does so by broadening the definition of "animal enterprise" to include academic and commercial enterprises that use or sell animals or animal products. It also increases
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#17327916553512156-453: A physician who saves lives. I spend my entire day saving people's lives. All I am saying, in a historical context, violence has been used against us as animal rights campaigners and against the animals and is no different from us using violence on the other side." On Australian television a few months later he said: "Would I advocate taking five guilty vivisectors' lives to save hundreds of millions of innocent animal lives? Yes, I would." As
2254-519: A pragmatic standpoint. For instance, if vivisectors were routinely being killed, I think it would give other vivisectors pause in what they were doing in their work—and if these vivisectors were being targeted for assassination ... —and I wouldn't pick some guy way down the totem pole, but if there were prominent vivisectors being assassinated, I think that there would be a trickle-down effect and many, many people who are lower on that totem pole would say, "I'm not going to get into this business because it's
2352-624: A result of the Observer article, the British government announced in August 2004 that Vlasak and his wife were banned from the UK. Vlasak had been due to attend a conference organized by Stop Huntingdon Animal Cruelty (SHAC), an animal-rights campaign to close Huntingdon Life Sciences . The Home Secretary told the couple that their presence in the UK "would not be conducive to the public good." Vlasak
2450-649: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
2548-529: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
2646-602: A very dangerous business ... And I don't think you'd have to kill—assassinate—too many vivisectors before you would see a marked decrease in the amount of vivisection going on. And I think for 5 lives, 10 lives, 15 human lives, we could save a million, 2 million, 10 million non-human animals. And I—you know—people get all excited about, "Oh what's going to happen when the ALF accidentally kills somebody in an arson?" Well, you know I mean, I think we need to get used to this idea. It's going to happen, okay? It's going to happen. Following
2744-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
2842-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
2940-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
3038-526: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
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3136-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
3234-602: Is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated
3332-416: Is part of the struggle against oppression. If something bad happens to these people [animal researchers], it will discourage others. It is inevitable that violence will be used in the struggle and that it will be effective." Vlasak responded in a press release that the allegations were part of a smear campaign against him. He wrote: "I was outraged by Jamie Doward's article in the Observer stating that I,
3430-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
3528-460: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
3626-571: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
3724-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
3822-620: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
3920-452: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
4018-486: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
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4116-651: The Home Secretary , "would not be conducive to the public good." Raised in Austin, Texas , Vlasak graduated with an MD from the University of Texas Medical School at Houston in 1984. He is board certified in General Surgery and is licensed as a medical doctor in California and Texas . He was an animal researcher himself, but has since become adamantly opposed to vivisection . According to
4214-484: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
4312-558: The Los Angeles Times , he conducted research on dogs' arteries in a laboratory at the Harbor-UCLA Medical Center , during or after which the dogs were killed. Inspired by his now (2019) ex-wife, former actress Pamelyn Ferdin , who was a president of Stop Huntingdon Animal Cruelty in the U.S., Vlasak became vegan and began being active in promoting animal rights in 1993. He became a spokesperson for
4410-592: The Physicians Committee for Responsible Medicine , although he is no longer a member, and was a board member of the Sea Shepherd Conservation Society . His principal role in the animal liberation movement is as a liaison between the movement and the public, publicizing the movement's "underground" activities in his role as a press officer. He acknowledges his medical background provides a "certain amount of credibility" to
4508-539: The United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of the United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by
4606-411: The executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However,
4704-538: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
4802-451: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
4900-688: The seal hunt in Canada , which occurs every year, mostly in March and April. He was punched in the face by sealers during the 2005 hunt on Prince Edward Island , which he attended on behalf of the Sea Shepherd Conversation Society. No charges were brought in connection with the attack. Vlasak was Sea Shepherd's treasurer for many years. During the same hunt, he was one of 11 activists convicted of violating Canada's Department of Fisheries and Oceans regulations, because they watched
4998-538: The Animal Enterprise Terrorism Act for alleged harassment, intimidation, and violent acts at the homes of professors conducting research involving animal testing. While the charges were eventually dismissed, the defendants were placed under house arrest for almost a year. The FBI alleges that these individuals were part of groups engaged in trespassing, attempted forcible entry of a private residence, and distribution of leaflets that resulted in
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#17327916553515096-440: The August 2, 2008, firebombing of a house belonging to University of California Santa Cruz animal researchers, Vlasak was quoted as saying "This guy knows what he is doing. He knows that every day that he goes into the laboratory and hurts animals that it is unreasonable not to expect consequences." In response to a restraining order obtained by UCLA in 2006, Vlasak was quoted as saying "It's laughable that someone willing to face
5194-466: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
5292-559: The animal rights movement is and has been the most peaceful and restrained movement the world has ever known considering the amount of terror, abuse and murder done to innocent animals for greed and profit. If by chance violence is used by those who fight for non human sentient beings, or even if there are casualties, it must be looked at in perspective and in a historical context. He told the BBC's Today program: "I am personally not advocating, condoning or recommending that anybody be killed. I am
5390-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
5488-510: The bill be amended to define what was meant by "real or personal property," to narrow the definition of "animal enterprise," and to substantially reduce penalties for conspiracy convictions under the statute. The particular changes proposed by the ACLU are not present in the final version of the AETA. In 2013, animal rights activists filed a lawsuit to challenge the AETA for criminalizing what they called protected First Amendment speech. Their lawsuit
5586-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
5684-473: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
5782-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
5880-460: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
5978-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
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#17327916553516076-424: The decision, and subsequently served his sentence. Vlasak has been criticized for legitimizing the use of violence against animal researchers. He told a discussion group at an animal rights conference in 2003: I think there is a use for violence in our movement. And I think it can be an effective strategy. Not only is it morally acceptable, I think that there are places where it could be used quite effectively from
6174-613: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
6272-481: The exercise of the constitutional rights of protest." Neither Rep. Kucinich nor any other members of the House of Representatives called for a recorded vote; the bill passed with a voice vote. The bill was signed by President George W. Bush on November 27, 2006. Earlier versions of the bill were known as S. 1926 and H.R. 4239. The bill is described by the author as being intended to "provide the Department of Justice
6370-489: The existing penalties, includes penalties based on the amount of economic damage caused, and allows animal enterprises to seek restitution. The law was originally introduced in the 109th Congress by Thomas Petri (R-WI) and Senators Dianne Feinstein (D-CA) and Jim Inhofe (R-OK). The final version of the bill, S. 3880., was passed in the United States Senate on September 29, 2006, by unanimous consent ,
6468-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
6566-607: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
6664-444: The federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to the next. Even in areas governed by federal law, state law
6762-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
6860-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
6958-489: The firebombing of two residences. In July 2014, two men were indicted for "animal enterprise terrorism" after releasing 2,000 foxes and mink from fur farms. Their lawyer announced plans to challenge the constitutionality of the law. In July 2019, Charlotte Laws confessed in an article that she may have violated the Animal Enterprise Terrorism Act when she helped rescue pigeons out from under Torrance Police and animal control. United States federal law The law of
7056-644: The first time in federal law, campaigns of secondary and tertiary targeting that cause economic damage to research enterprises." Animal rights and civil liberties groups, however, largely opposed the passage of the legislation. Camille Hankins, a representative of Win Animal Rights, asserted that the legislation infringed upon the First Amendment rights of free speech and assembly: "It's overly broad, overly vague and restricts freedom of speech and freedom of assembly." She added: "I think this legislation
7154-520: The hunt without a permit. He was sentenced to 22 days in prison, which he voluntarily re-entered Canada to serve in a Prince Edward Island jail in 2006 in protest of that year's seal hunt. Vlasak was convicted in Los Angeles in 2006 of "targeted protesting" for demonstrating against euthanasia at animal shelters outside the home of a Department of Animal Services employee. He was sentenced to 30 days' electronic monitoring. He appealed and then lost
7252-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
7350-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
7448-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
7546-1139: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
7644-462: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
7742-542: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
7840-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
7938-599: The movement and has used it to advocate against the use of animals in scientific experimentation. In 2005, Dr. Vlasak spoke at length to the Committee on Environment and Public Works 's investigation into Eco-terrorism . In his summation, Dr. Vlasak said: Here in the U.S., there are thousands of physicians like myself who realize there is no need to kill animals in order to help humans, the vast majority of whom get sick and die because of preventable lifestyle variables such as diet, smoking, drugs and environmental toxins. In
8036-566: The necessary authority to apprehend, prosecute, and convict individuals committing animal enterprise terror." The law contains a savings clause that indicates it should not be construed to "prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution ." However, by its own terms, the statute criminalizes acts such as "intimidation." Furthermore, prosecutions under AETA require using evidence of otherwise lawful free speech in order to demonstrate
8134-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
8232-591: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
8330-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
8428-544: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
8526-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
8624-473: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
8722-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
8820-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
8918-609: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
9016-464: The scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than
9114-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
9212-505: Was bought and paid for, by the pharmaceutical industry primarily." However, Jerry Vlasak , spokesman for the North American Animal Liberation Press Office, suggested the bill would have little impact on the movement because underground activists "don't really care about those laws" and law enforcement agencies had already "gone after" effective above-ground activists. The American Kennel Club ,
9310-445: Was dismissed by a federal judge who determined that the plaintiffs had no standing. The bill was passed in response to the then-ongoing prosecution of members of Stop Huntingdon Animal Cruelty (SHAC), an activist group that worked to close animal testing laboratories. Six members of the group were charged and put on trial for a "multi-faceted" and decentralized grassroots activist campaign against Huntingdon Life Sciences . While there
9408-522: Was no proof that the actual defendants committed or had any knowledge of the overwhelming majority of the illegal acts at issue, they were convicted under the AETA's conspiracy provisions. On appeal, the Third Circuit upheld the convictions because the defendants’ membership in the group, participation in political protests, as well as unrelated speeches, interviews, publications, and internet postings constituted "sufficient circumstantial evidence" for
9506-616: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
9604-516: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
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