Laws and Court Cases

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Entries - Entry Category: Laws and Court Cases - Starting with M

Marisa N. Pavan, et al. v. Nathaniel Smith

aka: Pavan v. Smith
Pavan v. Smith (2017) was a U.S. Supreme Court decision that clarified the legal parenting rights for the non-biological partner in a same-sex marriage. Rather than hearing oral arguments on the matter, the Court summarily rejected the decision of the Arkansas State Supreme Court denying a wife of a mother the opportunity to be listed as a parent on the couple’s child’s birth certificate, a privilege that was presumptively granted to husbands under Arkansas law. In 2015 Obergefell v. Hodges decision, the U.S. Supreme Court ruled that state laws that barred same-sex marriage violated the Due Process and Equal Protections Clauses of the U.S. Constitution’s Fourteenth Amendment. Following that victory for marriage equality advocates, the Arkansas State Supreme Court acted …

McLean v. Arkansas Board of Education

The 1981–82 federal court case McLean v. Arkansas Board of Education constituted a challenge to the state’s Act 590, which mandated the equal treatment of creation science in classrooms where evolution was taught. On January 5, 1982, U.S. District Court Judge William R. Overton ruled Act 590 unconstitutional in light of the establishment clause of the First Amendment. His determination that creationism constituted a religious doctrine rather than a scientific theory had a profound impact on the nation, the ramifications of which are still being felt today. The draft of the model act which eventually became Act 590 originated in an Anderson, South Carolina, organization called Citizens for Fairness in Education. Its founder, Paul Ellwanger, working from a model prepared …

Mitchell v. Globe International Publishing

aka: People's Bank and Trust Company of Mountain Home v. Globe International Publishing
Mitchell v. Globe International Publishing, Inc. 978 F. 2nd 1065 was a legal case involving First Amendment freedom of the press, as well as privacy issues. It originated in a lawsuit filed by ninety-six-year-old Nellie Mitchell, a native of Mountain Home (Baxter County). Mitchell sued Globe International, the publisher of the tabloid paper the Sun, for false light invasion of privacy after the paper published a photograph of her to illustrate one of its articles. When the jury returned a verdict in favor of Mitchell and awarded her a total of $1.5 million in compensatory and punitive damages, Globe appealed to the U.S. Court of Appeals for the Eighth Circuit, which upheld the verdict. A final effort to appeal to …

Mitchell v. United States

Mitchell v. United States et al., 313 U.S. 80 (1941), came on appeal to the U.S. Supreme Court, challenging discriminatory treatment of railroad accommodations for African-American passengers on interstate train coaches passing through Arkansas, where a state law demanded segregation of races but equivalent facilities. The Supreme Court had held in earlier cases that it was adequate under the Fourteenth Amendment for separate privileges to be supplied to differing groups of people as long as they were treated similarly well. Originating in Arkansas in April 1937, the suit worked its way through the regulatory and legal system, finally ending up on the calendar of the Supreme Court in 1941. The circumstances surrounding the matter began after the only African American …

Moore v. Dempsey

The 1923 U.S. Supreme Court decision Moore v. Dempsey changed the nature of the due process clause of the Fourteenth Amendment. The ruling allowed for federal courts to hear and examine evidence in state criminal cases to ensure that defendants had received due process. The case that resulted in this decision was one of two lawsuits pursued by the National Association for the Advancement of Colored People (NAACP) in the aftermath of the 1919 Elaine Massacre. After short trials, dominated by citizen mobs, twelve African Americans—six who became known as the Moore defendants and six who became known as the Ware defendants—were found guilty of murder and sentenced to death. Ultimately, the six Ware defendants were freed by the Arkansas …

Morrilton School District No. 32 et al. v. United States of America

Morrilton School District No. 32 et al. v. United States of America was a school desegregation case that began in 1972. However, aspects of the lengthy litigation were still being contested into the mid-1980s. The case began in December 1972 when the U.S. Department of Justice filed suit against the State of Arkansas, the Arkansas Department of Education, the members of the state Board of Education, and the school districts of Conway County, as well as the local school board members and superintendents. The federal government charged that, in the process of consolidating the county’s school districts in response to a federal desegregation order, the school officials had in fact purposely created segregated school districts and, in doing so, had …

Morrison v. White

Morrison v. White was a case involving slavery in which, after numerous legal twists and turns, Jane/Alexina Morrison, who claimed to be a free white woman from Arkansas, was granted her freedom by a Louisiana district court jury in 1862. As did several other freedom suits of the time (such as Guy v. Daniel and Gary v. Stevenson), this one went well beyond the usual issue of ownership and addressed the fundamental question of who could, in fact, be enslaved—and, in particular, whether a white person could be a slave. Unlike the famous case of Dred Scott, a black man whose claim to freedom was based on his residence in a statutorily free area of the country, Jane/Alexina Morrison rested …