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Popular Annotations

Marbury v. Madison, 5 U.S. 137 (1803)

Chief Justice Marshall's reasoning was brilliantly strategic: by ruling that the Court lacked jurisdiction under the original Judiciary Act, he avoided a confrontation with President Jefferson while establishing the much more significant power of judicial review.

ConLawStudent2/22/202689
Brown v. Board of Education, 347 U.S. 483 (1954)

The Court's reliance on social science evidence (the Kenneth Clark doll studies) was controversial. Some scholars argue the decision would have been stronger if based purely on the text of the 14th Amendment rather than psychological studies.

Prof. Sarah Mitchell3/8/202672
Miranda v. Arizona, 384 U.S. 436 (1966)

The 'Miranda warnings' requirement only applies to custodial interrogations. A voluntary statement made before arrest, even without warnings, is generally admissible.

Attorney James Park2/18/202662
Federal Rules of Civil Procedure - Rule 12(b)(6)

After Ashcroft v. Iqbal (2009), the plausibility standard applies to ALL civil actions. Conclusory statements alone are insufficient; the complaint must contain factual content allowing the court to draw a reasonable inference of liability.

PracticeProTip2/25/202655
New York Times v. Sullivan, 376 U.S. 254 (1964)

The 'actual malice' standard requires proving the defendant KNEW the statement was false OR acted with reckless disregard for truth. This is a subjective test focused on the defendant's state of mind, not on negligence.

FirstAmendmentFan3/4/202653
42 U.S.C. Section 1983 - Civil Rights

This statute is the primary vehicle for individuals to sue state actors for constitutional violations. It does not create substantive rights but provides a remedy for rights established elsewhere.

Prof. Sarah Mitchell2/15/202647

Top Plain-English Contributions

42 U.S.C. Section 1983 - Civil Rights

If a government employee (like a police officer, public school official, or other state/local government worker) violates your constitutional rights while acting in their official role, you can sue them in federal court for damages. This law does not apply to federal employees or private individuals -- only state and local government actors.

By Prof. Sarah Mitchell2/15/202683

5 U.S.C. Section 553 - APA Rulemaking

When a federal agency wants to create a new rule (regulation), it usually must follow a three-step process: (1) Publish a proposed rule in the Federal Register so the public knows about it, (2) Give the public a chance to submit comments, and (3) Publish the final rule with responses to significant comments. There are exceptions for emergencies and certain types of rules.

By LegalEagle20252/25/202667

18 U.S.C. Section 1341 - Mail Fraud

It is a federal crime to use the postal service (or any private mail carrier) as part of a scheme to cheat someone out of money or property. The key elements are: (1) you had a plan to defraud, and (2) you used the mail to carry it out. This is one of the most commonly charged federal crimes because almost any fraud scheme involves some use of mail.

By Attorney James Park2/20/202656

26 U.S.C. Section 61 - Gross Income Definition

Under federal tax law, 'gross income' means ALL income from whatever source -- not just your paycheck. This includes wages, business income, investment gains, rents, royalties, alimony (for pre-2019 agreements), gambling winnings, and even found treasure or illegal income. If you received an economic benefit, it is probably taxable unless a specific exception applies.

By TaxLawGuru3/3/202651

18 U.S.C. Section 922(g) - Prohibited Persons / Firearms

Certain people are prohibited from possessing firearms under federal law. This includes convicted felons, fugitives, drug users, people committed to mental institutions, undocumented immigrants, dishonorably discharged military members, people who have renounced U.S. citizenship, people subject to certain restraining orders, and people convicted of domestic violence misdemeanors.

By CrimDefenseAtty3/1/202644