A subjective test with which a court weighs competing interests, e.g. between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.
See, e.g. Wilkinson v. Austin, 545 U.S. 2009 (2005).
An objective rule that resolves a legal issue in a straightforward, predictable manner. A bright-line rule is easy to administer and produces certain, though, arguably, not always equitable results.
See, e.g. Montejo v. Louisiana, 129 S.Ct. 2079 (2009).
See year and a day.
See, e.g. Rogers v. Tennessee, 532 U.S. 451 (2001).
Year and a day rule
See attorney of record.
A clause frequently included in bilateral investment treaties ("BITs") which provides that a host state shall treat foreign and domestic enterprises equally.
Most favored nation
World Trade Organization: Trade without Discrimination
See hung jury.
See aid and abet.
See after-discovered evidence.
A national organization that engages in litigation, legislative lobbying, and educational outreach in order to preserve and further individual rights and liberties that are guaranteed by the Constitution and laws of the United States.