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Yick Wo v. Hopkins

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Yick Wo v. Hopkins , 118 U.S. 356 (1886), was a landmark decision of the United States Supreme Court in which the Court ruled that a prima facie race-neutral law administered in a prejudicial manner infringed upon the right to equal protection guaranteed by the Fourteenth Amendment to the U.S. Constitution .

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120-543: Yick Wo ( Chinese : 益和 ; Jyutping : jik1 wo4 ) was a laundry facility owned by Lee Yick, an immigrant from China who moved to San Francisco in 1861. Yick ran the laundry for 22 years and held a license from the Board of Fire Wardens and a certificate of inspection from the city health officer without issue. In 1880, the San Francisco Board of Supervisors passed an ordinance making it illegal to operate

240-469: A nucleus that has a vowel (which can be a monophthong , diphthong , or even a triphthong in certain varieties), preceded by an onset (a single consonant , or consonant + glide ; a zero onset is also possible), and followed (optionally) by a coda consonant; a syllable also carries a tone . There are some instances where a vowel is not used as a nucleus. An example of this is in Cantonese, where

360-457: A subject–verb–object word order , and like many other languages of East Asia, makes frequent use of the topic–comment construction to form sentences. Chinese also has an extensive system of classifiers and measure words , another trait shared with neighboring languages such as Japanese and Korean. Other notable grammatical features common to all the spoken varieties of Chinese include the use of serial verb construction , pronoun dropping , and

480-566: A Catholic family in Sacramento, California . His ancestry was mainly Irish, with some Scottish, German, and English ancestry as well. He was the son of Anthony J. Kennedy (1902–1963), an attorney with a reputation for influence in the California State Legislature , and Gladys ( née McLeod; 1904–1981), who participated in many local civic activities. As a boy, Kennedy came into contact with prominent politicians of

600-510: A Chinese character is the morpheme, as characters represent the smallest grammatical units with individual meanings in the Chinese language. Estimates of the total number of Chinese words and lexicalized phrases vary greatly. The Hanyu Da Zidian , a compendium of Chinese characters, includes 54,678 head entries for characters, including oracle bone versions. The Zhonghua Zihai (1994) contains 85,568 head entries for character definitions and

720-599: A Shanghai resident may speak both Standard Chinese and Shanghainese ; if they grew up elsewhere, they are also likely fluent in the dialect of their home region. In addition to Standard Chinese, a majority of Taiwanese people also speak Taiwanese Hokkien (also called 台語 ; 'Taiwanese' ), Hakka , or an Austronesian language . A speaker in Taiwan may mix pronunciations and vocabulary from Standard Chinese and other languages of Taiwan in everyday speech. In part due to traditional cultural ties with Guangdong , Cantonese

840-725: A U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit . In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr. , President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following

960-462: A central variety (i.e. prestige variety, such as Standard Mandarin), as the issue requires some careful handling when mutual intelligibility is inconsistent with language identity. The Chinese government's official Chinese designation for the major branches of Chinese is 方言 ; fāngyán ; 'regional speech', whereas the more closely related varieties within these are called 地点方言 ; 地點方言 ; dìdiǎn fāngyán ; 'local speech'. Because of

1080-615: A compromise between the pronunciations of different regions. The royal courts of the Ming and early Qing dynasties operated using a koiné language known as Guanhua , based on the Nanjing dialect of Mandarin. Standard Chinese is an official language of both the People's Republic of China and the Republic of China (Taiwan), one of the four official languages of Singapore , and one of

1200-714: A corresponding increase in the number of homophones . As an example, the small Langenscheidt Pocket Chinese Dictionary lists six words that are commonly pronounced as shí in Standard Chinese: In modern spoken Mandarin, however, tremendous ambiguity would result if all of these words could be used as-is. The 20th century Yuen Ren Chao poem Lion-Eating Poet in the Stone Den exploits this, consisting of 92 characters all pronounced shi . As such, most of these words have been replaced in speech, if not in writing, with less ambiguous disyllabic compounds. Only

1320-515: A firestorm of criticism from conservatives. Kennedy had stated at least as early as 1989 that, in order to uphold precedent, he might not vote to overturn Roe . According to Court insiders, Kennedy had reportedly considered overturning Roe , but in the end decided to uphold restrictions while affirming the Roe precedent. In later abortion decisions, it became apparent that Kennedy thought Casey had narrowed Roe and allowed more restrictions. Owing to

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1440-530: A government entity, in its role as an employer, had the discretion to impose speech restrictions so long as they had the potential to affect its operations. Kennedy emphasized this point by writing: "when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline". On June 28, 2012, Kennedy wrote

1560-561: A heightened subjecthood requirement for Chinese people: Chinese persons, born out of the United States, remaining subjects of the Emperor of China, and not having become citizens of the United States, are entitled to the protection of, and owe allegiance to the United States, so long as they are permitted by the United States to reside here; and are “subject to the jurisdiction thereof,” in the same sense as all other aliens residing in

1680-439: A just society. We can extend that slightly to say that Georgia's right to be wrong in matters not specifically controlled by the Constitution is a necessary component of its own political processes. Its citizens have the political liberty to direct the governmental process to make decisions that might be wrong in the ideal sense, subject to correction in the ordinary political process. Kennedy said about Griswold v. Connecticut ,

1800-588: A laundry in a wooden building without a permit from the Board. Under the new ordinance, Yick was granted a license in 1884 to operate his laundry facility in the wooden building where he was located. Yick’s application for renewal of his permit in June 1885 was denied, not allowing him to continue operating his laundry in a wooden building. When his original permit expired in October 1885 he was required by law to shut down. However, he refused to close down his business and

1920-407: A law can be written in a neutral way but enforced discriminately. The state argued that the ordinance was strictly one out of concern for safety. Laundries of the day often needed very hot stoves to boil water for laundry, and laundry fires were not unknown and often resulted in the destruction of adjoining buildings as well. The argument on the side of the petitioner was about the administration of

2040-576: A millennium. The Four Commanderies of Han were established in northern Korea in the 1st century BCE but disintegrated in the following centuries. Chinese Buddhism spread over East Asia between the 2nd and 5th centuries CE, and with it the study of scriptures and literature in Literary Chinese. Later, strong central governments modeled on Chinese institutions were established in Korea, Japan, and Vietnam, with Literary Chinese serving as

2160-656: A privacy case about the use of contraceptives, "I really think I would like to draw the line and not talk about the Griswold case so far as its reasoning or its result." He also discussed "a zone of liberty, a zone of protection, a line that's drawn where the individual can tell the Government, 'Beyond this line you may not go. ' " His hearings before the Senate Judiciary Committee began on December 14, and lasted just three consecutive days. When

2280-426: A quote from Flores v. Pierce , a 9th Circuit decision he wrote applying Yick Wo to uphold a judgment against municipal officials who had a "history of racially motivated activity" against Hispanics: One of the first cases interpreting the equal protection clause stands for the rule, among others, that the effect of a law may be so harsh or adverse in its weight against a particular race that an intent to discriminate

2400-545: A restriction failed to meet the standards of strict scrutiny , with the law acting to "[seek] to control and suppress all false statements on this one subject in almost limitless times and settings". On June 19, 2017, Kennedy wrote the majority opinion in Packingham v. North Carolina ruling that a prohibition of sex offenders from social media is a violation of the First Amendment. Kennedy noted that, while

2520-542: A secure reconstruction of Proto-Sino-Tibetan, the higher-level structure of the family remains unclear. A top-level branching into Chinese and Tibeto-Burman languages is often assumed, but has not been convincingly demonstrated. The first written records appeared over 3,000 years ago during the Shang dynasty . As the language evolved over this period, the various local varieties became mutually unintelligible. In reaction, central governments have repeatedly sought to promulgate

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2640-508: A similar way to the use of Latin and Ancient Greek roots in European languages. Many new compounds, or new meanings for old phrases, were created in the late 19th and early 20th centuries to name Western concepts and artifacts. These coinages, written in shared Chinese characters, have then been borrowed freely between languages. They have even been accepted into Chinese, a language usually resistant to loanwords, because their foreign origin

2760-678: A single language. However, their lack of mutual intelligibility means they are sometimes considered to be separate languages in a family . Investigation of the historical relationships among the varieties of Chinese is ongoing. Currently, most classifications posit 7 to 13 main regional groups based on phonetic developments from Middle Chinese , of which the most spoken by far is Mandarin with 66%, or around 800 million speakers, followed by Min (75 million, e.g. Southern Min ), Wu (74 million, e.g. Shanghainese ), and Yue (68 million, e.g. Cantonese ). These branches are unintelligible to each other, and many of their subgroups are unintelligible with

2880-411: A strong proponent of interpreting the guarantees of liberty and equality in line with modern human rights law: "lawyers and judges have come to believe the basic principles of human rights are common to the peoples of world [ sic ]." In Hodgson v. Minnesota , 497 U.S. 417 (1990), Kennedy voted to uphold a restriction on abortion for minors that required both parents to be notified about

3000-631: A unified standard. The earliest examples of Old Chinese are divinatory inscriptions on oracle bones dated to c.  1250 BCE , during the Late Shang . The next attested stage came from inscriptions on bronze artifacts dating to the Western Zhou period (1046–771 BCE), the Classic of Poetry and portions of the Book of Documents and I Ching . Scholars have attempted to reconstruct

3120-575: A variety of Yue from a small coastal area around Taishan, Guangdong . In parts of South China, the dialect of a major city may be only marginally intelligible to its neighbors. For example, Wuzhou and Taishan are located approximately 260 km (160 mi) and 190 km (120 mi) away from Guangzhou respectively, but the Yue variety spoken in Wuzhou is more similar to the Guangzhou dialect than

3240-602: Is Taishanese. Wuzhou is located directly upstream from Guangzhou on the Pearl River , whereas Taishan is to Guangzhou's southwest, with the two cities separated by several river valleys. In parts of Fujian , the speech of some neighbouring counties or villages is mutually unintelligible. Local varieties of Chinese are conventionally classified into seven dialect groups, largely based on the different evolution of Middle Chinese voiced initials: Proportions of first-language speakers The classification of Li Rong , which

3360-709: Is a group of languages spoken natively by the ethnic Han Chinese majority and many minority ethnic groups in China , as well as by various communities of the Chinese diaspora . Approximately 1.35 billion people, or 17% of the global population, speak a variety of Chinese as their first language . Chinese languages form the Sinitic branch of the Sino-Tibetan language family. The spoken varieties of Chinese are usually considered by native speakers to be dialects of

3480-479: Is about purposeful discrimination: The holding of Yick Wo was that a law that's administered with an evil eye or an unequal hand violates [a person's] right to equal protection. Even after the Yick Wo decision Supreme Court case law continued to apply a Dred Scott -like standard excluding Chinese from the protections of the constitution in immigration cases. The Chinese Exclusion Act , passed in 1882, restricted

3600-760: Is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan , and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court 's 5–4 decisions. Born in Sacramento, California , Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School . Kennedy became

3720-490: Is called either 华语 ; 華語 ; Huáyǔ or 汉语 ; 漢語 ; Hànyǔ ). Standard Chinese is based on the Beijing dialect of Mandarin. The governments of both China and Taiwan intend for speakers of all Chinese speech varieties to use it as a common language of communication. Therefore, it is used in government agencies, in the media, and as a language of instruction in schools. Diglossia is common among Chinese speakers. For example,

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3840-548: Is not only a permissible inference but also a necessary one. Yick Wo v. Hopkins, 118 U.S. 356 In the instant case, the disparate effect of the action on Mexican-Americans was so compelling that the effect may approach, if it does not reach, the demonstration of an intent to discriminate that was made in Yick Wo v. Hopkins . Chinese language Chinese ( simplified Chinese : 汉语 ; traditional Chinese : 漢語 ; pinyin : Hànyǔ ; lit. ' Han language' or 中文 ; Zhōngwén ; 'Chinese writing')

3960-603: Is often described as a 'monosyllabic' language. However, this is only partially correct. It is largely accurate when describing Old and Middle Chinese; in Classical Chinese, around 90% of words consist of a single character that corresponds one-to-one with a morpheme , the smallest unit of meaning in a language. In modern varieties, it usually remains the case that morphemes are monosyllabic—in contrast, English has many multi-syllable morphemes, both bound and free , such as 'seven', 'elephant', 'para-' and '-able'. Some of

4080-539: Is one that we as judges can enforce under the written Constitution. The Due Process Clause is not a guarantee of every right that should inhere in an ideal system. Many argue that a just society grants a right to engage in homosexual conduct. If that view is accepted, the Bowers decision in effect says the State of Georgia has the right to make a wrong decision—wrong in the sense that it violates some people's views of rights in

4200-445: Is only about an eighth as many as English. All varieties of spoken Chinese use tones to distinguish words. A few dialects of north China may have as few as three tones, while some dialects in south China have up to 6 or 12 tones, depending on how one counts. One exception from this is Shanghainese which has reduced the set of tones to a two-toned pitch accent system much like modern Japanese. A very common example used to illustrate

4320-668: Is specifically meant. However, when one of the above words forms part of a compound, the disambiguating syllable is generally dropped and the resulting word is still disyllabic. For example, 石 ; shí alone, and not 石头 ; 石頭 ; shítou , appears in compounds as meaning 'stone' such as 石膏 ; shígāo ; 'plaster', 石灰 ; shíhuī ; 'lime', 石窟 ; shíkū ; 'grotto', 石英 ; 'quartz', and 石油 ; shíyóu ; 'petroleum'. Although many single-syllable morphemes ( 字 ; zì ) can stand alone as individual words, they more often than not form multi-syllable compounds known as 词 ; 詞 ; cí , which more closely resembles

4440-489: Is the largest reference work based purely on character and its literary variants. The CC-CEDICT project (2010) contains 97,404 contemporary entries including idioms, technology terms, and names of political figures, businesses, and products. The 2009 version of the Webster's Digital Chinese Dictionary (WDCD), based on CC-CEDICT, contains over 84,000 entries. The most comprehensive pure linguistic Chinese-language dictionary,

4560-462: Is to be erected and used, and such scaffolding shall not be used for any other purpose than that designated in such permit. SEC. 3. Any person who shall violate any of the provisions of this order shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail, not more than six months, or by both such fine and imprisonment. The central issue of

4680-501: Is used as an everyday language in Hong Kong and Macau . The designation of various Chinese branches remains controversial. Some linguists and most ordinary Chinese people consider all the spoken varieties as one single language, as speakers share a common national identity and a common written form. Others instead argue that it is inappropriate to refer to major branches of Chinese such as Mandarin, Wu, and so on as "dialects" because

4800-500: Is used in education, media, formal speech, and everyday life—though Mandarin is increasingly taught in schools due to the mainland's growing influence. Historically, the Chinese language has spread to its neighbors through a variety of means. Northern Vietnam was incorporated into the Han dynasty (202 BCE – 220 CE) in 111 BCE, marking the beginning of a period of Chinese control that ran almost continuously for

4920-552: Is used in the Language Atlas of China (1987), distinguishes three further groups: Some varieties remain unclassified, including the Danzhou dialect on Hainan , Waxianghua spoken in western Hunan , and Shaozhou Tuhua spoken in northern Guangdong . Standard Chinese is the standard language of China (where it is called 普通话 ; pǔtōnghuà ) and Taiwan, and one of the four official languages of Singapore (where it

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5040-428: Is very complex, with a large number of consonants and vowels, but they are probably not all distinguished in any single dialect. Most linguists now believe it represents a diasystem encompassing 6th-century northern and southern standards for reading the classics. The complex relationship between spoken and written Chinese is an example of diglossia : as spoken, Chinese varieties have evolved at different rates, while

5160-753: The Qieyun rime dictionary (601 CE), and a late period in the 10th century, reflected by rhyme tables such as the Yunjing constructed by ancient Chinese philologists as a guide to the Qieyun system. These works define phonological categories but with little hint of what sounds they represent. Linguists have identified these sounds by comparing the categories with pronunciations in modern varieties of Chinese , borrowed Chinese words in Japanese, Vietnamese, and Korean, and transcription evidence. The resulting system

5280-651: The Federalist Society to target Kennedy with more conservative clerks, believing this would make Kennedy more conservative. Two of his former clerks, Neil Gorsuch and Brett Kavanaugh , eventually became Supreme Court justices. Conservative pundit George Will and Georgetown University Law Center professor Randy Barnett have described Kennedy's jurisprudence as " libertarian ", although other legal scholars have disagreed. Kennedy issued conservative rulings during most of his tenure, having voted with William Rehnquist as often as any other justice from 1992 to

5400-662: The Judicial Conference of the United States : the Advisory Panel on Financial Disclosure Reports and Judicial Activities (subsequently renamed the Advisory Committee on Codes of Conduct) from 1979 to 1987, and the Committee on Pacific Territories from 1979 to 1990, which he chaired from 1982 to 1990. On March 3, 1975, upon Reagan's recommendation, President Gerald Ford nominated Kennedy to

5520-533: The Korean , Japanese and Vietnamese languages, and today comprise over half of their vocabularies. This massive influx led to changes in the phonological structure of the languages, contributing to the development of moraic structure in Japanese and the disruption of vowel harmony in Korean. Borrowed Chinese morphemes have been used extensively in all these languages to coin compound words for new concepts, in

5640-588: The London School of Economics , Kennedy graduated Phi Beta Kappa from Stanford in 1958 with a Bachelor of Arts degree in political science . Kennedy then attended Harvard Law School , graduating in 1961 with a Bachelor of Laws , cum laude . Kennedy was in private practice in San Francisco from 1961 to 1963. In 1963, following his father's death, he took over his father's Sacramento practice, which he operated until 1975. From 1965 to 1988, he

5760-710: The May Fourth Movement beginning in 1919. After the fall of the Northern Song dynasty and subsequent reign of the Jurchen Jin and Mongol Yuan dynasties in northern China, a common speech (now called Old Mandarin ) developed based on the dialects of the North China Plain around the capital. The 1324 Zhongyuan Yinyun was a dictionary that codified the rhyming conventions of new sanqu verse form in this language. Together with

5880-595: The National Language Unification Commission finally settled on the Beijing dialect in 1932. The People's Republic founded in 1949 retained this standard but renamed it 普通话 ; 普通話 ; pǔtōnghuà ; 'common speech'. The national language is now used in education, the media, and formal situations in both mainland China and Taiwan. In Hong Kong and Macau , Cantonese is the dominant spoken language due to cultural influence from Guangdong immigrants and colonial-era policies, and

6000-478: The oracle bone inscriptions created during the Shang dynasty c.  1250 BCE . The phonetic categories of Old Chinese can be reconstructed from the rhymes of ancient poetry. During the Northern and Southern period , Middle Chinese went through several sound changes and split into several varieties following prolonged geographic and political separation. The Qieyun , a rime dictionary , recorded

6120-596: The phonology of Old Chinese by comparing later varieties of Chinese with the rhyming practice of the Classic of Poetry and the phonetic elements found in the majority of Chinese characters. Although many of the finer details remain unclear, most scholars agree that Old Chinese differs from Middle Chinese in lacking retroflex and palatal obstruents but having initial consonant clusters of some sort, and in having voiceless nasals and liquids. Most recent reconstructions also describe an atonal language with consonant clusters at

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6240-470: The "bitter" quality of some movement conservatives' views on Kennedy stems from his eventual rethinking of positions on abortion, religion, and the death penalty (which Kennedy believes cannot be constitutionally applied to juveniles or intellectually disabled people). A short 2008 law review article by retired lawyer Douglas M. Parker in The Green Bag charged that much of the criticism of Kennedy

6360-674: The 12-volume Hanyu Da Cidian , records more than 23,000 head Chinese characters and gives over 370,000 definitions. The 1999 revised Cihai , a multi-volume encyclopedic dictionary reference work, gives 122,836 vocabulary entry definitions under 19,485 Chinese characters, including proper names, phrases, and common zoological, geographical, sociological, scientific, and technical terms. The 2016 edition of Xiandai Hanyu Cidian , an authoritative one-volume dictionary on modern standard Chinese language as used in mainland China, has 13,000 head characters and defines 70,000 words. Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936)

6480-423: The 1988 presidential election . On November 11, 1987, Reagan nominated Anthony Kennedy to fill Powell's seat. Kennedy was then subjected to an unprecedentedly thorough investigation of his background, which did not uncover any information that would hinder his nomination. In a Ninth Circuit dissent that Kennedy wrote before joining the Supreme Court, he criticized police for bribing a child into showing them where

6600-637: The American Administration wants to bring freedom to oppressed peoples? Is that not because there's some underlying common mutual interest, some underlying common shared idea, some underlying common shared aspiration, underlying unified concept of what human dignity means? I think that's what we're trying to tell the rest of the world, anyway." A 2008 profile of Kennedy in the Los Angeles Times focused on his internationalist perspective. According to David Savage, Kennedy had become

6720-581: The Court's altered composition under President Clinton, Kennedy was no longer the fifth vote to strike down abortion restrictions. Hence, O'Connor became the justice who defined the meaning of Casey in subsequent cases, while Kennedy was relegated to dissents in which he sought to explain what he thought Casey meant. For example, Kennedy dissented in the 2000 decision in Stenberg v. Carhart , which struck down laws criminalizing partial-birth abortion . After

6840-456: The First Amendment protects statements by public officials pursuant to their duties from employer discipline. Kennedy utilized past precedents in Pickering v. Board of Education to determine whether or not an employee spoke as a citizen on a matter of public concern or in the capacity of his office. Upon the identification that speech was said in an official capacity, Kennedy determined that

6960-565: The Latin-based Vietnamese alphabet . English words of Chinese origin include tea from Hokkien 茶 ( tê ), dim sum from Cantonese 點心 ( dim2 sam1 ), and kumquat from Cantonese 金橘 ( gam1 gwat1 ). The sinologist Jerry Norman has estimated that there are hundreds of mutually unintelligible varieties of Chinese. These varieties form a dialect continuum , in which differences in speech generally become more pronounced as distances increase, though

7080-460: The Senate voted on Kennedy's nomination, he received bipartisan support. Maureen Hoch of PBS wrote that he "virtually sailed through the confirmation process and was widely viewed by conservatives and liberals alike as balanced and fair". The U.S. Senate confirmed him on February 3, 1988, by a vote of 97 to 0; he is the most recent Supreme Court justice to be confirmed by a unanimous vote. Absent from

7200-492: The Supreme Court seat vacated by Lewis F. Powell Jr. , who had announced his retirement in late June. However, he was rejected 42–58 by the Senate on October 23. The president's next nominee, Douglas Ginsburg , withdrew his name from consideration on November 7 after admitting to marijuana use, and Senate Judiciary Committee member Patrick Leahy said that if Reagan's next nominee was unacceptable to Senate Democrats, they would refuse hearings for any candidate until after

7320-572: The US Supreme Court upheld the conviction of Gordon Hirabayashi , the Japanese American who tested the curfew law and refused to register for the forced internment of people of Japanese descent during World War II . In San Francisco there is a public school named Yick Wo Alternative Elementary School in honor of Yick Wo. During his confirmation hearing Anthony Kennedy 's written answers to Senator Joseph Biden included

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7440-587: The United States Constitution. Toobin sees this consideration of foreign law as the biggest factor behind Kennedy's occasional breaking with his most conservative colleagues. The use of foreign law in Supreme Court opinions dates back to at least 1829, though according to Toobin, its use in interpreting the Constitution on "basic questions of individual liberties" began only in the late 1990s. Defending his use of international law, in 2005 Kennedy told Toobin, "Why should world opinion care that

7560-476: The United States, and subject to the jurisdiction thereof , are citizens of the United States and of the State wherein they reside." The government argued that the jurisdiction requirement was not merely territorial, but required citizens be politically subject to the laws of the United States. Writing for the majority Justice Horace Gray relied heavily on the Yick Wo precedent to reaffirm the principle that 14th amendment guarantee of equal protection does not have

7680-480: The United States. Yick Wo is cited in Hirabayashi v. United States to recognize that: "Distinctions between citizens solely based because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. For that reason, legislative classification or discrimination based on race alone has often been held to be a denial of equal protection." However,

7800-456: The application of the prior law focused only on laundries in crowded areas of the city, while the new law was being enforced on isolated wooden buildings as well. The law also ignored other wooden buildings where fires were common—even cooking stoves posed the same risk as those used for laundries. The Court, in a unanimous opinion written by Justice Matthews , found that the Chinese laundry owners were protected from discriminatory state action by

7920-415: The basis of a rigid ideology. Vanity Fair quoted several former Supreme Court clerks as indicating that they believe Kennedy was often swayed by the opinions of his clerks, including his ruling on Planned Parenthood v. Casey . One clerk derisively stated that "the premise is that he can't think by himself, and that he can be manipulated by someone in his second year of law school". This notion also led

8040-419: The case was whether the enforcement of the new requirements for laundires operated in wooden buildings violated Yick Wo's protections found in the United States Constitution. The Equal Protection Clause can be found in the 14th amendment of the United States Constitution. It requires that "no state...deny to any person within its jurisdiction the equal protection of the laws." There is also the issue around whether

8160-655: The child's mother hid drugs. Considering such conduct offensive and destructive of the family, Kennedy wrote that "indifference to personal liberty is but the precursor of the state's hostility to it." Kennedy wrote an article the year before, however, about judicial restraint, and the following excerpt from it was read aloud by Jeffrey Levi, executive director of the National Gay & Lesbian Taskforce, at his confirmation hearing: One can conclude that certain essential, or fundamental, rights should exist in any just society. It does not follow that each of those essential rights

8280-491: The city could demonstrate that their political affiliations "had a reasonable and appreciable effect on its job performance". The Court held that Northlake neither attempted nor would it have been able to make such a demonstration. Therefore, Northlake's removal of O'Hare Truck Service from its employment list was unconstitutional. On May 30, 2006, Kennedy wrote the majority opinion in Garcetti v. Ceballos relating to whether

8400-537: The court and the last appointed by President Reagan; he remained the Senior Associate Justice until his retirement. Kennedy retired from the Supreme Court and made the transition to senior status effective July 31, 2018. He has the distinction of being the only Supreme Court Justice to have two former clerks of his be appointed to the Supreme Court, Neil Gorsuch and Brett Kavanaugh . According to legal reporter Jan Crawford , Kennedy attracted

8520-603: The day, such as California Governor and future Chief Justice of the United States Earl Warren . As a young man, Kennedy served as a page in the California State Senate . Kennedy attended C. K. McClatchy High School , where he was an honors student and graduated in 1954. Following in his mother's footsteps, Kennedy enrolled at Stanford University where he developed an interest in constitutional law. After spending his senior year at

8640-463: The death of Antonin Scalia in February 2016, Kennedy became the senior associate justice of the court; he remained the senior associate justice until his July 2018 retirement. Kennedy retired during the presidency of Donald Trump and was succeeded by his former law clerk, Brett Kavanaugh . Following O'Connor's death in 2023, Kennedy is the oldest living former Supreme Court justice. Kennedy authored

8760-399: The different spoken dialects varies, but in general, there has been a tendency to a reduction in sounds from Middle Chinese. The Mandarin dialects in particular have experienced a dramatic decrease in sounds and so have far more polysyllabic words than most other spoken varieties. The total number of syllables in some varieties is therefore only about a thousand, including tonal variation, which

8880-484: The difficulties involved in determining the difference between language and dialect, other terms have been proposed. These include topolect , lect , vernacular , regional , and variety . Syllables in the Chinese languages have some unique characteristics. They are tightly related to the morphology and also to the characters of the writing system, and phonologically they are structured according to fixed rules. The structure of each syllable consists of

9000-508: The end of the Rehnquist Court in 2005. In his first term on the Court, Kennedy voted with Rehnquist 92 percent of the time—more than any other justice. Before becoming the median justice on the court in 2006, Kennedy sided with conservatives during close rulings 75 percent of the time. However, Kennedy was also known for siding with the court's liberal justices on high-profile social issues like same-sex marriage and abortion. Kennedy

9120-576: The end of the syllable, developing into tone distinctions in Middle Chinese. Several derivational affixes have also been identified, but the language lacks inflection , and indicated grammatical relationships using word order and grammatical particles . Middle Chinese was the language used during Northern and Southern dynasties and the Sui , Tang , and Song dynasties (6th–10th centuries CE). It can be divided into an early period, reflected by

9240-528: The entry of Chinese immigrant laborers and subsequent legislation prevented Chinese who left the United States from re-entering. The Chinese Exclusion Case upheld the revocation of previously issued certificates of return. The Court in Fong Yue wrote that Yick Wo was a case about "the power of a State over aliens continuing to reside within its jurisdiction". The Fong Yue Ting decision did not go as far as overturning Yick Wo , but Yick Wo did not limit

9360-515: The equal protection clause even if they were not American citizens: These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality. The Court struck down the ordinance. While the ordinance was not discriminatory against a racial or ethnic group in its text, the discriminatory enforcement and intent to close down Chinese-owned laundries infringed upon their "fundamental rights to life liberty and

9480-490: The exercise of abortion rights. The decision did not expressly overrule Stenberg , although many commentators saw it as having that effect. O'Hare Truck Service, Inc. was a towing company employed under contract by the City of Northlake in northern Illinois . Northlake removed O'Hare from its list on towing companies because the company's owner did not support Northlake's mayoral candidate in his reelection campaign: instead,

9600-404: The federal power to deport or remove that were at issue in the later Chinese Exclusion Case and Fong Yue . In Wong Kim Ark v. United States the Court recognized that the 14th amendment right to jus soli citizenship applied for Chinese born in the United States based on Yick Wo . The federal government's argument was about the text of the 14th amendment: "All persons born or naturalized in

9720-413: The first one, 十 , normally appears in monosyllabic form in spoken Mandarin; the rest are normally used in the polysyllabic forms of respectively. In each, the homophone was disambiguated by the addition of another morpheme, typically either a near-synonym or some sort of generic word (e.g. 'head', 'thing'), the purpose of which is to indicate which of the possible meanings of the other, homophonic syllable

9840-491: The form of a word), to indicate a word's function within a sentence. In other words, Chinese has very few grammatical inflections —it possesses no tenses , no voices , no grammatical number , and only a few articles . They make heavy use of grammatical particles to indicate aspect and mood . In Mandarin, this involves the use of particles such as 了 ; le ; ' PFV ', 还 ; 還 ; hái ; 'still', and 已经 ; 已經 ; yǐjīng ; 'already'. Chinese has

9960-618: The government of the People's Republic of China, with Singapore officially adopting them in 1976. Traditional characters are used in Taiwan, Hong Kong, Macau, and among Chinese-speaking communities overseas . Linguists classify all varieties of Chinese as part of the Sino-Tibetan language family , together with Burmese , Tibetan and many other languages spoken in the Himalayas and the Southeast Asian Massif . Although

10080-400: The ire of conservatives when he did not vote with his more conservative colleagues. In 2005, Tom DeLay criticized Kennedy for his reliance on international law and for conducting his own Internet research, calling him a judicial activist . According to legal analyst Jeffrey Toobin, some conservatives viewed Kennedy's pro-gay-rights and pro-choice rulings as betrayals. According to Crawford,

10200-574: The judicial appointments made by President George W. Bush, Kennedy again became the needed fifth vote to strike down abortion restrictions. Since Kennedy's conception of abortion rights was narrower than O'Connor's, the court became slightly more supportive of abortion restrictions after 2006. Kennedy wrote the majority opinion in Gonzales v. Carhart , 550 U.S. 124 (2007), which held that a federal law criminalizing partial-birth abortion did not violate Casey because it did not impose an "undue burden" upon

10320-586: The language of administration and scholarship, a position it would retain until the late 19th century in Korea and (to a lesser extent) Japan, and the early 20th century in Vietnam. Scholars from different lands could communicate, albeit only in writing, using Literary Chinese. Although they used Chinese solely for written communication, each country had its own tradition of reading texts aloud using what are known as Sino-Xenic pronunciations . Chinese words with these pronunciations were also extensively imported into

10440-528: The late 19th century. Today Japanese is written with a composite script using both Chinese characters called kanji , and kana. Korean is written exclusively with hangul in North Korea, although knowledge of the supplementary Chinese characters called hanja is still required, and hanja are increasingly rarely used in South Korea. As a result of its historical colonization by France, Vietnamese now uses

10560-399: The majority in all but five. Of those 23 decisions, 16 were strictly along ideological lines, and Kennedy joined the conservative wing of the court 11 times; the liberals, five. In the 2010–2011 term, 16 cases were decided by a 5–4 vote; Kennedy joined the majority in 14 of the decisions. Following the death of Antonin Scalia in February 2016, Kennedy became the Senior Associate Justice of

10680-488: The majority opinion in several important cases—including Boumediene v. Bush , Citizens United v. FEC , and four major gay rights cases: Romer v. Evans , Lawrence v. Texas , United States v. Windsor , and Obergefell v. Hodges . He also co-authored the controlling opinion in Planned Parenthood v. Casey along with Justices Sandra Day O’Connor and David Souter . Kennedy was born and raised in

10800-455: The more conservative modern varieties, usually found in the south, have largely monosyllabic words , especially with basic vocabulary. However, most nouns, adjectives, and verbs in modern Mandarin are disyllabic. A significant cause of this is phonetic erosion : sound changes over time have steadily reduced the number of possible syllables in the language's inventory. In modern Mandarin, there are only around 1,200 possible syllables, including

10920-425: The mutual unintelligibility between them is too great. However, calling major Chinese branches "languages" would also be wrong under the same criterion, since a branch such as Wu, itself contains many mutually unintelligible varieties, and could not be properly called a single language. There are also viewpoints pointing out that linguists often ignore mutual intelligibility when varieties share intelligibility with

11040-583: The nasal sonorant consonants /m/ and /ŋ/ can stand alone as their own syllable. In Mandarin much more than in other spoken varieties, most syllables tend to be open syllables, meaning they have no coda (assuming that a final glide is not analyzed as a coda), but syllables that do have codas are restricted to nasals /m/ , /n/ , /ŋ/ , the retroflex approximant /ɻ/ , and voiceless stops /p/ , /t/ , /k/ , or /ʔ/ . Some varieties allow most of these codas, whereas others, such as Standard Chinese, are limited to only /n/ , /ŋ/ , and /ɻ/ . The number of sounds in

11160-463: The new ordinance. The counsel strove to show that while, Chinese applicants were denied permits to continue running their laundries in wooden buildings, non-Chinese individuals were nearly all granted permits under the same ordinance. The petitioner pointed out that prior to the new ordinance, the inspection and approval of laundries in wooden buildings had been left up to fire wardens. Wo's laundry had never failed an inspection for fire safety. Moreover,

11280-538: The other varieties within the same branch (e.g. Southern Min). There are, however, transitional areas where varieties from different branches share enough features for some limited intelligibility, including New Xiang with Southwestern Mandarin , Xuanzhou Wu Chinese with Lower Yangtze Mandarin , Jin with Central Plains Mandarin and certain divergent dialects of Hakka with Gan . All varieties of Chinese are tonal at least to some degree, and are largely analytic . The earliest attested written Chinese consists of

11400-430: The owner supported an opposition candidate. The Supreme Court held, in a majority 7–2 opinion written by Kennedy ( O'Hare Truck Service, Inc. v. City of Northlake ), that independent contractors such as O'Hare are entitled to the same First Amendment protections as those afforded to government employees. Accordingly, Northlake could not base the towing company's employment on its political affiliations or beliefs unless

11520-612: The plurality opinion in United States v. Alvarez declaring the Stolen Valor Act unconstitutional. In doing so, Kennedy determined the Act supported a content-based restriction on speech - that being a nondefamatory falsehood of having received a military decoration or medal - and that the government failed to provide a direct causal link between the restriction and a potential injury. Additionally, Kennedy wrote that such

11640-592: The procedure. Kennedy co-authored the plurality opinion in Planned Parenthood v. Casey (1992), which reaffirmed in principle (though without many details) the Roe v. Wade decision recognizing the right to abortion under the Due Process Clause of the Fourteenth Amendment . The plurality opinion, signed jointly by three justices appointed by Ronald Reagan and George H. W. Bush , ignited

11760-408: The pursuit of happiness" by destroying "their harmless and useful occupation, on which they depend for a livelihood." The Court said the deprivation of property was arbitrary and unconstitutional because the 14th amendments guarantee of equal protection applies to "all persons within the territorial jurisdiction", including non-citizens. As Justice Anthony Kennedy has explained, the holding of Yick Wo

11880-404: The rate of change varies immensely. Generally, mountainous South China exhibits more linguistic diversity than the North China Plain . Until the late 20th century, Chinese emigrants to Southeast Asia and North America came from southeast coastal areas, where Min, Hakka, and Yue dialects were spoken. Specifically, most Chinese immigrants to North America until the mid-20th century spoke Taishanese ,

12000-552: The related subject dropping . Although the grammars of the spoken varieties share many traits, they do possess differences. The entire Chinese character corpus since antiquity comprises well over 50,000 characters, of which only roughly 10,000 are in use and only about 3,000 are frequently used in Chinese media and newspapers. However, Chinese characters should not be confused with Chinese words. Because most Chinese words are made up of two or more characters, there are many more Chinese words than characters. A more accurate equivalent for

12120-509: The relationship was first proposed in the early 19th century and is now broadly accepted, reconstruction of Sino-Tibetan is much less developed than that of families such as Indo-European or Austroasiatic . Difficulties have included the great diversity of the languages, the lack of inflection in many of them, and the effects of language contact. In addition, many of the smaller languages are spoken in mountainous areas that are difficult to reach and are often also sensitive border zones. Without

12240-440: The restriction was tailored to suit a government interest in preventing child sex abuse , the law did not pass strict scrutiny nor was it narrowly tailored for that purpose. The barring of a substantial amount of online expression was therefore unrelated to its stated goal and acted "to foreclose access to social media altogether [and] to prevent the user from engaging in the legitimate exercise of First Amendment rights". With

12360-477: The same be located in a building constructed either of brick or stone. SEC. 2. It shall be unlawful for any person to erect, build, or maintain, or cause to be erected, built, or maintained, over or upon the roof of any building now erected or which may hereafter be erected within the limits of said city and county, any scaffolding without first obtaining the written permission of the board of supervisors, which permit shall state fully for what purpose said scaffolding

12480-462: The scenes, he relished his role as the deciding vote, to the point that some of them expressed a belief that he would pretend to waver on votes when he had, in fact, already made up his mind. On the Roberts Court, Kennedy often decided the outcome of cases. In the 2008–2009 term, he was in the majority 92 percent of the time. In the 23 decisions in which the justices split 5–4, Kennedy was in

12600-535: The seat on the United States Court of Appeals for the Ninth Circuit that had been vacated by Charles Merton Merrill . Kennedy was unanimously confirmed by the U.S. Senate on March 20 and received his commission on March 24, 1975. Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other In July 1987, President Ronald Reagan nominated Robert Bork to

12720-517: The six official languages of the United Nations . Standard Chinese is based on the Beijing dialect of Mandarin and was first officially adopted in the 1930s. The language is written primarily using a logography of Chinese characters , largely shared by readers who may otherwise speak mutually unintelligible varieties. Since the 1950s, the use of simplified characters has been promoted by

12840-561: The slightly later Menggu Ziyun , this dictionary describes a language with many of the features characteristic of modern Mandarin dialects. Up to the early 20th century, most Chinese people only spoke their local variety. Thus, as a practical measure, officials of the Ming and Qing dynasties carried out the administration of the empire using a common language based on Mandarin varieties , known as 官话 ; 官話 ; Guānhuà ; 'language of officials'. For most of this period, this language

12960-623: The tonal distinctions, compared with about 5,000 in Vietnamese (still a largely monosyllabic language), and over 8,000 in English. Most modern varieties tend to form new words through polysyllabic compounds . In some cases, monosyllabic words have become disyllabic formed from different characters without the use of compounding, as in 窟窿 ; kūlong from 孔 ; kǒng ; this is especially common in Jin varieties. This phonological collapse has led to

13080-547: The traditional Western notion of a word. A Chinese cí can consist of more than one character–morpheme, usually two, but there can be three or more. Examples of Chinese words of more than two syllables include 汉堡包 ; 漢堡包 ; hànbǎobāo ; 'hamburger', 守门员 ; 守門員 ; shǒuményuán ; 'goalkeeper', and 电子邮件 ; 電子郵件 ; diànzǐyóujiàn ; 'e-mail'. All varieties of modern Chinese are analytic languages : they depend on syntax (word order and sentence structure), rather than inflectional morphology (changes in

13200-512: The use of tones in Chinese is the application of the four tones of Standard Chinese, along with the neutral tone, to the syllable ma . The tones are exemplified by the following five Chinese words: In contrast, Standard Cantonese has six tones. Historically, finals that end in a stop consonant were considered to be " checked tones " and thus counted separately for a total of nine tones. However, they are considered to be duplicates in modern linguistics and are no longer counted as such: Chinese

13320-462: The vote were three Democrats: Paul Simon and Al Gore were campaigning and Joe Biden was ill. Attorney General Edwin Meese presented Kennedy's commission to the court in a swearing-in ceremony on February 18, 1988. Although appointed by a Republican president, Kennedy was not easily pigeonholed ideologically; he had a reputation for looking at cases individually instead of deciding them on

13440-452: The words in newspapers, and 60% of the words in science magazines. Vietnam, Korea, and Japan each developed writing systems for their own languages, initially based on Chinese characters , but later replaced with the hangul alphabet for Korean and supplemented with kana syllabaries for Japanese, while Vietnamese continued to be written with the complex chữ Nôm script. However, these were limited to popular literature until

13560-517: The written language used throughout China changed comparatively little, crystallizing into a prestige form known as Classical or Literary Chinese . Literature written distinctly in the Classical form began to emerge during the Spring and Autumn period . Its use in writing remained nearly universal until the late 19th century, culminating with the widespread adoption of written vernacular Chinese with

13680-453: Was a koiné based on dialects spoken in the Nanjing area, though not identical to any single dialect. By the middle of the 19th century, the Beijing dialect had become dominant and was essential for any business with the imperial court. In the 1930s, a standard national language ( 国语 ; 國語 ; Guóyǔ ), was adopted. After much dispute between proponents of northern and southern dialects and an abortive attempt at an artificial pronunciation,

13800-737: Was a professor of constitutional law at McGeorge School of Law , at the University of the Pacific . During Kennedy's time as a California law professor and attorney, he helped California Governor Ronald Reagan draft a state tax proposal. Kennedy served in the California Army National Guard from 1961 to 1962 and became a private first class . He was on the board of the Federal Judicial Center from 1987 to 1988. He also served on two committees of

13920-408: Was based upon " pop psychology " rather than careful analysis of his opinions. Kennedy himself responds to concerns about judicial activism this way: "An activist court is a court that makes a decision you don't like." According to The New Yorker staff writer Jeffrey Toobin , starting in 2003, Kennedy became a leading proponent of the use of foreign and international law as an aid to interpreting

14040-529: Was convicted for violating the ordinance . He was fined ten dollars ($ 316.00 in 2023) and imprisoned for refusing to pay the fine. After he was imprisoned, on August 24, 1885, he petitioned the California Supreme Court for a writ of habeas corpus . Of 320 laundries operated in wooden buildings, in San Francisco at the time, over 200 were owned by Chinese. When the 200 Chinese owned laundry owners tried to renew their permits, only one permit

14160-422: Was granted. Whereas, the non-Chinese applicants with the exception of one, all were granted. Order No. 156, passed May 26, 1880 SEC. 1. It shall be unlawful, from and after the passage of this order, for any person or persons to establish, maintain, or carry on a laundry within the corporate limits of the city and county of San Francisco without having first obtained the consent of the board of supervisors, except

14280-485: Was hidden by their written form. Often different compounds for the same concept were in circulation for some time before a winner emerged, and sometimes the final choice differed between countries. The proportion of vocabulary of Chinese origin thus tends to be greater in technical, abstract, or formal language. For example, in Japan, Sino-Japanese words account for about 35% of the words in entertainment magazines, over half

14400-454: Was known as a swing vote on the court, and this reputation became more pronounced after the 2005 retirement of Justice Sandra Day O'Connor (who had previously been known as the court's primary swing vote). Kennedy, who was slightly more conservative than former Justice O'Connor was on issues of race, religion, and abortion, intensely disliked being labeled a "swing vote" in public. However, interviews with former clerks indicate that, behind

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