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166-569: The Violence Against Women Act of 1994 ( VAWA ) is a United States federal law (Title IV of the Violent Crime Control and Law Enforcement Act , H.R. 3355 ) signed by President Bill Clinton on September 13, 1994. The Act provided $ 1.6 billion toward investigation and the prosecution of violent crimes against women , imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose not to prosecute cases. The Act also established
332-401: 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
498-635: A 286–138 vote, the House passed the Senate's all-inclusive version of the bill. House Republicans had previously hoped to pass their own version of the measure—one that substantially weakened the bill's protections for certain categories. The stripped-down version, which allowed only limited protection for LGBT and Native Americans, was rejected 257 to 166. The renewed act expanded federal protections to gay, lesbian, and transgender individuals, Native Americans and immigrants. On March 7, 2013, President Barack Obama signed
664-542: 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
830-500: A bill reauthorizing VAWA in April 2019 that includes new provisions protecting transgender victims and banning individuals convicted of domestic abuse from purchasing firearms . In an attempt to reach a bipartisan agreement, Senators Joni Ernst (R-IA) and Dianne Feinstein (D-CA) led months of negotiation talks that came to a halt in November 2019. Senator Ernst said she planned to introduce
996-405: 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." Omaha, Nebraska Omaha ( / ˈ oʊ m ə h ɑː / OH -mə-hah ) is the most populous city in the U.S. state of Nebraska and the county seat of Douglas County . It is located in
1162-452: 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
1328-664: A court. The ACLU, in its July 27, 2005 'Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act of 2005, S. 1197' stated that "VAWA is one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has dramatically improved the law enforcement response to violence against women and has provided critical services necessary to support women in their struggle to overcome abusive situations". Some activists opposed
1494-566: 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
1660-585: 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
1826-510: A large Tier 1 network provider, was founded in Omaha in 1985 as Kiewit Diversified Group, a division of Kiewit Corporation , a Fortune 500 construction and mining company still headquartered in Omaha; Level 3 moved to Denver in 1998. World Com was founded by a merger with Omaha's MFS Communications, started as Metropolitan Fiber Systems in 1993. MFS, backed by Kiewit Corporation CEO Walter Scott Jr. and Warren Buffett , purchased UUNET , one of
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#17328483453761992-438: 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
2158-426: 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
2324-409: 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
2490-471: 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
2656-629: A new version of the bill, and hoped it would pass in the Senate . VAWA was reauthorized on March 15, 2022, by President Joe Biden . In 2024, the Supreme Court ruled 8–1 in United States v. Rahimi to uphold the law's domestic violence restraining order which restricts firearm possession for people convicted of domestic abuse. The World Conference on Human Rights , held in Vienna, Austria, in 1993, and
2822-724: A non-discrimination clause in VAWA. Protection of victims of human trafficking : Each year, 50,000 individuals are reportedly trafficked into the US, according to the Trafficking Victims Protection Act of 2000. Occasionally, victims of trafficking experience the same forms of abuse as those who have experienced violence from an intimate partner: physical and sexual violence , financial control, threats, intimidation, and restriction on freedom of movement. Protection for Immigrant Victims of IPV (intimate partner violence): Neither
2988-446: A non-exclusivity provision clarifying that the title should not be construed to prohibit male victims from receiving services under the Act. The 2013 reauthorization added a non-discrimination provision that prohibits organizations receiving funding under the Act from discriminating on the basis of sex, although the law allows an exception for "sex segregation or sex-specific programming" when it
3154-521: 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
3320-545: A population of 967,604. Furthermore, the greater Omaha–Council Bluffs–Fremont combined statistical area had 1,004,771 residents in 2020. Omaha's pioneer period began in 1854, when the city was founded by speculators from neighboring Council Bluffs, Iowa . The city was founded along the Missouri River, and a crossing called Lone Tree Ferry earned the city its nickname, the "Gateway to the West". Omaha introduced this new West to
3486-464: A portion of the 1978 Oliphant v. Suquamish ruling, such a provision could alter the constitutional balance between federal, state, and tribal power. Historically Congress has not allowed tribal governments to exercise criminal jurisdiction over non-tribal members. The two bills were pending reconciliation , and a final bill did not reach the President's desk before the end of the year, temporarily ending
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#17328483453763652-640: A sharply divided court struck down the VAWA provision allowing women the right to sue the accused in federal court. By a 5–4 majority, the Court overturned the provision as exceeding the federal government's powers under the Commerce Clause . VAWA was reauthorized by bipartisan majorities in Congress in 2000 and again in December 2005. The Act's 2012 renewal was opposed by conservative Republicans, who objected to extending
3818-625: 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
3984-466: 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
4150-405: A victim is the beneficiary of an order of protection, per VAWA it was generally enforceable nationwide under the terms of full faith and credit . Although the order may be granted only in a specific state, full faith and credit requires that it be enforced in other states as though the order was granted in their states. 18 U.S.C. § 2265 Part of the law's restraining orders included
4316-400: 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
4482-427: 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
4648-441: 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
4814-555: Is 23.5 °F (−4.7 °C), with lows reaching 0 °F (−18 °C) on 11 days annually. The lowest temperature recorded in the city was −32 °F (−35.6 °C) on January 5, 1884, and the highest 114 °F (45.6 °C) on July 25, 1936 . Average yearly precipitation is 30.6 in (777 mm), falling mostly in the warmer months. Snow is the most common precipitation in winter, with average seasonal snowfall being 28.7 in (72.9 cm). Based on 30-year averages obtained from NOAA 's National Climatic Data Center for
4980-513: 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
5146-401: Is considered as being in the "Heartland" of the United States. Important environmental impacts on the natural habitat in the area include the spread of invasive plant species, restoring prairies and bur oak savanna habitats, and managing the whitetail deer population. Omaha is home to several hospitals, mostly along Dodge Street (US6). Being the county seat, it is also the location of
Violence Against Women Act - Misplaced Pages Continue
5312-603: Is deemed to be "necessary to the essential operations of a program." Jan Brown, the Founder and Executive Director of the Domestic Abuse Helpline for Men and Women contends that the Act may not be sufficient to ensure equal access to services. According to the Clery Act, colleges are required to federally report certain categories of crimes, including those covered under the Violence Against Women Act (VAWA). Among these crimes,
5478-462: 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,
5644-423: 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
5810-456: 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
5976-554: 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
6142-540: 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
6308-746: The Enola Gay and Bockscar used in the atomic bombing of Japan in World War II. The construction of Interstates 80 , 480 and 680 , along with the North Omaha Freeway , spurred development. There was also controversy, particularly in North Omaha, where new routes bisected several neighborhoods. Creighton University hosted the DePorres Club , an early civil rights group whose use of sit-in strategies for integration of public facilities predated
6474-577: The Attorney General or by the Secretary of Health and Human Services as appropriate". The reauthorization also "Amends the Omnibus Crime Control and Safe Streets Act of 1968" to "prohibit officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense." In 2011, the law expired. In 2012 the law
6640-481: The Burlington Railroad , bringing along Gatling guns and a cannon for defense. When the event ended, one man was dead and several were wounded. In 1891, a mob hanged Joe Coe , an African-American porter after he was accused of raping a white girl. There were also several other riots and civil unrest events in Omaha during this period. In 1898, Omaha's leaders, under the guidance of Gurdon Wattles , held
6806-610: 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
Violence Against Women Act - Misplaced Pages Continue
6972-611: The Declaration on the Elimination of Violence Against Women in the same year, concluded that civil society and governments have acknowledged that domestic violence is a public health policy and human rights concern. In the United States, according to the National Intimate Partner Sexual Violence Survey of 2010, 1 in 6 women suffered some kind of sexual violence induced by their intimate partner during
7138-625: The Douglas County Courthouse to get the prisoner, causing more than $ 1 million damage. They hanged and shot Will Brown, then burned his body. Troops were called in from Fort Omaha to quell the riot, prevent more crowds gathering in South Omaha, and to protect the black community in North Omaha. The culture of North Omaha thrived throughout the 1920s through 1950s, with several creative figures, including Tillie Olsen , Wallace Thurman , Lloyd Hunter , and Anna Mae Winburn emerging from
7304-448: 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
7470-476: 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
7636-477: 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
7802-575: The Midwestern United States along the Missouri River , about 10 mi (15 km) north of the mouth of the Platte River . The nation's 40th-most populous city , Omaha had a population of 486,051 as of the 2020 census . It is the anchor of the eight-county Omaha–Council Bluffs metropolitan area , which extends into Iowa and is the 58th-largest metro area in the United States, with
7968-462: The Office on Violence Against Women within the U.S. Department of Justice . The bill was introduced by Representative Jack Brooks ( D - TX ) in 1994 and gained support from a broad coalition of advocacy groups. The act passed through both houses of the U.S. Congress with bipartisan support in 1994; however, House Republicans attempted to cut the act's funding the following year. In the 2000 U.S. Supreme Court case United States v. Morrison ,
8134-464: The Omaha Claim Club was formed to provide vigilante justice for claim jumpers and others who infringed on the land of many of the city's founding fathers . Some of this land, which now wraps around Downtown Omaha, was later used to entice Nebraska Territorial legislators to an area called Scriptown . The Territorial capitol was in Omaha, but when Nebraska became a state in 1867, the capital
8300-663: The Trans-Mississippi and International Exposition , touted as a celebration of agricultural and industrial growth throughout the Midwest . The Indian Congress , which drew more than 500 American Indians from across the country, was held simultaneously. More than 2 million visitors attended these events at Kountze Park and the Omaha Driving Park in the Kountze Place neighborhood. With dramatically increasing population in
8466-669: The Violence Against Women Reauthorization Act of 2013 . Protection for Native Americans: Prior to the 2013 passing of VAWA, Native American women who were the victims of non-Native American assault were not covered by the law. The Oliphant v. Suquamish Indian Tribe case from 1978 was overturned by provisions added to the new VAWA 2013, which also makes it possible for non-Native Americans to be prosecuted in tribal courts for domestic or dating violence perpetrated against Native Americans. Protection of same sex couples: LGBTQ people experience domestic abuse at
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#17328483453768632-533: 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,
8798-399: 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
8964-454: The 1860s and its graves were moved to Prospect Hill, where pioneers were later joined by soldiers from Fort Omaha , African Americans and early European immigrants . There are several other historical cemeteries in Omaha , historical Jewish synagogues and historical Christian churches dating from the pioneer era, as well. Two sculpture parks, Pioneer Courage and Spirit of Nebraska's Wilderness and The Transcontinental Railroad , celebrate
9130-518: The 1950s, development of highways and new housing led to the movement of the middle class to suburbs in West Omaha. Some of the movement was designated as white flight from racial unrest in the 1960s. Newer and poorer migrants lived in older housing close to downtown; those residents who were more established moved west into newer housing. Some suburbs are gated communities or have become edge cities . Recently, Omahans have made strides to revitalize
9296-479: The 1960s, three major race riots along North 24th Street destroyed the Near North Side's economic base, with recovery slow for decades. In 1969, Woodmen Tower was completed and became Omaha's tallest building and first major skyscraper at 478 ft (146 m), a sign of renewal. Since the 1970s, Omaha has continued expanding and growing, mostly to available land to the west. West Omaha has become home to
9462-806: The 19th century, first rampant in the city's Burnt District and later in the Sporting District . Controlled by Omaha's political boss Tom Dennison by 1890, criminal elements enjoyed support from Omaha's "perpetual" mayor, "Cowboy Jim" Dahlman, nicknamed for his eight terms as mayor. Calamities such as the Great Flood of 1881 did not slow down the city's violence. In 1882, the Camp Dump Strike pitted state militia against unionized strikers, drawing national attention to Omaha's labor troubles. The Governor of Nebraska had to call in U.S. Army troops from nearby Fort Omaha to protect strikebreakers for
9628-445: The 20th century, competition and fierce labor struggles led to major civil unrest. In 1900, Omaha was the center of a national uproar over the kidnapping of Edward Cudahy, Jr. , the son of a local meatpacking magnate. The city's labor and management clashed in bitter strikes, racial tension escalated as blacks were hired as strikebreakers, and ethnic strife broke out. A major riot by earlier immigrants in South Omaha destroyed
9794-541: The 20th century, the Omaha Stockyards , once the world's largest, and its meatpacking plants gained international prominence. Omaha is the home to the headquarters of four Fortune 500 companies: Berkshire Hathaway , Kiewit Corporation , Mutual of Omaha , and Union Pacific Corporation . Other companies headquartered in the city include First National Bank of Omaha , Gallup, Inc. , Green Plains , Intrado , Valmont Industries , Werner Enterprises , and three of
9960-633: The 42nd-largest city in the United States, and is the core city of its 60th-largest metropolitan area. There are no consolidated city-counties in the area; the City of Omaha studied the possibility extensively through 2003 and concluded, "The City of Omaha and Douglas County should merge into a municipal county, work to commence immediately, and that functional consolidations begin immediately in as many departments as possible, including but not limited to parks, fleet management, facilities management, local planning , purchasing and personnel." Geographically, Omaha
10126-440: The 50 U.S. states and in the territories. However, 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
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#173284834537610292-554: The Act's protections to same-sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas , but it was reauthorized in 2013 after a long legislative battle. As a result of the United States federal government shutdown of 2018–2019 , the Act expired on December 21, 2018. It was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. The U.S. House of Representatives passed
10458-403: The Act, saying that the increased penalties were rash, that the increased pretrial detention was "repugnant" to the U.S. Constitution, that the mandatory HIV testing of those only charged but not convicted was an infringement of a citizen's right to privacy , and that the edict for automatic payment of full restitution was non-judicious (see their paper: "Analysis of Major Civil Liberties Abuses in
10624-461: The Constitution. Indeed, states may grant their citizens broader rights than 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
10790-534: The Crime Bill Conference Report as Passed by the House and the Senate", dated September 29, 1994). In 2005, the ACLU had, however, enthusiastically supported reauthorization of VAWA on the condition that the "unconstitutional DNA provision" be removed. That provision would have allowed law enforcement to take DNA samples from arrestees or from those who had simply been stopped by police without the permission of
10956-464: The House by a vote of 263–158, this time including closing the boyfriend loophole . All Democrats voting were joined by 33 Republicans voted for passage. New York Representative Elise Stefanik said Democrats "...have refused to work with Republicans in a meaningful way," adding, "the House bill will do nothing but 'collect dust' in the GOP-controlled Senate. The bill has indeed been ignored by
11122-480: The House of Representatives where jurisdiction of tribal courts and inclusion of same-sex couples were expected to be at issue. Possible solutions advanced were permitting either removal or appeal to federal courts by non-tribal defendants. The Senate had tacked on the Trafficking Victims Protection Act which is another bone of contention due to a clause which requires provision of reproductive health services to victims of sex trafficking. On February 28, 2013, in
11288-702: The Midwestern United States on the bank of the Missouri River in eastern Nebraska, much of Omaha is built in the Missouri River Valley . Other significant bodies of water in the Omaha-Council Bluffs metropolitan area include Lake Manawa, Papillion Creek , Carter Lake , Platte River and the Glenn Cunningham Lake . The city's land has been altered considerably with substantial land grading throughout Downtown Omaha and scattered across
11454-471: The Missouri River waterfront near downtown. The Bob Kerrey Pedestrian Bridge was opened to foot and bicycle traffic on September 28, 2008. Started in 2003, RiverFront Place Condos first phase was completed in 2006 and the second phase was opened in 2011. The development along Omaha's riverfront is attributed with prompting the City of Council Bluffs to move their own riverfront development time line forward. In
11620-508: The NRA." In a follow-up interview with CNN, Acevedo said his criticism of Senators Cruz, Cornyn and McConnell was not political, because "death is not political—you see, death is final." He challenged Senator Cruz to directly answer whether he supports closing the boyfriend loophole, and said that failing to address it would put the Senators "on the wrong side of history". Senator Cornyn said that Acevedo
11786-837: The Omaha language means "Upstream People" or "Against the Current". In 1804 the Lewis and Clark Expedition passed the riverbanks where the city of Omaha would be built. Between July 30 and August 3, 1804, members of the expedition, including Meriwether Lewis and William Clark , met with Oto and Missouria tribal leaders at the Council Bluff at a point about 20 mi (32 km) north of present-day Omaha. Immediately south of that area, Americans built several fur trading outposts in succeeding years, including Fort Lisa in 1812; Fort Atkinson in 1819; Cabanné's Trading Post , built in 1822, and Fontenelle's Post in 1823, in what became Bellevue . There
11952-486: The Republicans who slowed the passage of the reauthorization of the act as being "this sort of Neanderthal crowd". As a result of the United States federal government shutdown of 2018–2019 , the Violence Against Women Act expired on December 21, 2018. It was temporarily reauthorized by a short-term spending bill on January 25, 2019, but expired again on February 15, 2019. On April 4, 2019, the reauthorization act passed in
12118-426: The Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure (omitting provisions of the Senate bill that would protect gays, Native Americans living in reservations, and immigrants who are victims of domestic violence). Reconciliation of the two bills was stymied by procedural measures, leaving the re-authorization in question. The Senate's 2012 re-authorization of VAWA
12284-414: The Senate." On December 9, 2019, following the firearm murder of a Houston police officer on duty by a boyfriend who had been abusive towards his girlfriend, Houston Police Chief Art Acevedo criticized Senators Mitch McConnell (R-KY), Ted Cruz (R-TX) and John Cornyn (R-TX) for preventing a vote on the VAWA reauthorization. Acevedo said "I don't want to hear about how much they care about lives and
12450-459: 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
12616-406: The United States, a record that still stands as of 2013. The Jobbers Canyon Historic District , along the Missouri River, was felled for a new headquarters campus for ConAgra Foods, a company which threatened to relocate if Omaha did not allow them to raze the city's historic district. The Jobber's Canyon warehouses had before then been allowed to deteriorate and were the scene of several fires set by
12782-573: The VAWA include Victoria Law , Beth Richie , Gina Dent , Olúfẹ́mi O. Táíwò , and Angela Davis . Official federal government groups that have developed, being established by President Barack Obama , in relation to the Violence Against Women Act include the White House Council on Women and Girls and the White House Task Force to Protect Students from Sexual Assault . The ultimate aims of both groups are to help improve and/or protect
12948-511: The Violence Against Women Act was amended to include Native Hawaiian survivors of gender-based violence and Native Hawaiian organizations in grant funding. Many grant programs authorized in VAWA have been funded by the U.S. Congress. The following grant programs, which are administered primarily through the Office on Violence Against Women in the U.S. Department of Justice, have received appropriations from Congress: The American Civil Liberties Union (ACLU) had originally expressed concerns about
13114-462: The ability to enforce domestic violence protection orders which barred people subject to family violence protection orders from having firearms. VAWA allows for the possibility that certain individuals who might not otherwise be eligible for immigration benefits may petition for US permanent residency on the grounds of a close relationship with a US citizen or permanent resident who has been abusing them. The following persons are eligible to benefit from
13280-486: The area that became Omaha. Brown is generally credited as having the first vision for a city where Omaha now sits. The passage of the Kansas–Nebraska Act in 1854 was presaged by the staking out of claims around the area to become Omaha by residents from neighboring Council Bluffs. On July 4, 1854, the city was informally established at a picnic on Capital Hill, current site of Omaha Central High School . Soon after,
13446-522: The arrest did not deter and punish abusers. The results of three studies, conducted in Omaha , Charlotte , and Milwaukee , indicated that arrest alone did not deter abusers. The Violence Against Women Act was developed and passed as a result of extensive grassroots efforts in the late 1980s and early 1990s. Advocates for the battered women's movement included sexual assault advocates, individuals from victim services, law enforcement agencies, prosecutors' offices,
13612-406: 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
13778-451: The bill that did not contain provisions intended to protect gays, lesbians and transgender individuals, Native Americans and undocumented immigrants. VAWA was reauthorized by bipartisan majorities in Congress in 2000 as part of the Victims of Trafficking and Violence Protection Act of 2000 (H.R. 3244) , and again in December 2005, and signed by President George W. Bush . The Act's 2012 renewal
13944-502: The bill. Janice Shaw Crouse, a senior fellow at the Christian Concerned Women for America 's Beverly LaHaye Institute, called the Act a "boondoggle" which "ends up creating a climate of suspicion where all men are feared or viewed as violent and all women are viewed as victims". She described the Act in 2012 as creating a "climate of false accusations, rush to judgment and hidden agendas" and criticized it for failing to address
14110-491: The boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by 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
14276-405: 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
14442-672: The city's Greek Town in 1909, completely driving out the Greek population. The civil rights movement in Omaha has roots that extend back to 1912, when the first chapter of the National Association for the Advancement of Colored People west of the Mississippi River was founded in the city. The Omaha Easter Sunday Tornado of 1913 destroyed much of the city's African-American community, in addition to much of Midtown Omaha. It
14608-460: The city's development, were founded in South Omaha in 1883. Within 20 years, Omaha had four of the five major meatpacking companies in the United States. By the 1950s, half the city's workforce was employed in meatpacking and processing. Meatpacking, jobbing and railroads were responsible for most of the growth in the city from the late 19th century through the early decades of the 20th century. Immigrants soon created ethnic enclaves throughout
14774-601: The city's pioneering history. The economy of Omaha boomed and busted through its early years. In 1858, the Omaha Daily Republican was founded by the Omaha Printing Company (rebranded Aradius Group, 2016) , it was Nebraska's first regional newspaper–founded before Nebraska claimed statehood. Omaha was a stopping point for settlers and prospectors heading west, either overland or by the Missouri River. The steamboat Bertrand sank north of Omaha on its way to
14940-559: The city's sprawling park system on boulevards designed by renowned landscape architect Horace Cleveland . The Omaha Horse Railway first carried passengers throughout the city, as did the later Omaha Cable Tramway Company and several similar companies. In 1888, the Omaha and Council Bluffs Railway and Bridge Company built the Douglas Street Bridge , the first pedestrian and wagon bridge between Omaha and Council Bluffs. Gambling, drinking and prostitution were widespread in
15106-674: The city, including Irish in Sheelytown in South Omaha; Germans in the Near North Side , joined by the European Jews and black migrants from the South ; and Little Italy and Little Bohemia in South Omaha. Beginning in the late 19th century, Omaha's upper class lived in posh enclaves throughout the city, including the south and north Gold Coast neighborhoods, Bemis Park , Kountze Place , Field Club and throughout Midtown Omaha . They traveled
15272-621: The city. East Omaha sits on a flood plain west of the Missouri River. The area is the location of Carter Lake, an oxbow lake . The lake was once the site of East Omaha Island and Florence Lake, which dried up in the 1920s. The Omaha-Council Bluffs metropolitan area consists of eight counties; five in Nebraska and three in Iowa. The metropolitan area now includes Harrison , Pottawattamie , and Mills Counties in Iowa and Washington , Douglas, Sarpy , Cass , and Saunders Counties in Nebraska. This area
15438-508: The civil remedy provision of VAWA. The provisions providing program funding were unaffected. In 2005, the reauthorization of VAWA (as HR3402) defined what population benefited under the term of "Underserved Populations" described as "Populations underserved because of geographic location, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age) and any other population determined to be underserved by
15604-467: 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
15770-405: 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
15936-668: The county courthouse. Omaha is generally divided into six geographic areas: Downtown, Midtown, North Omaha, South Omaha, West Omaha, and East Omaha. West Omaha includes the Miracle Hills, Boys Town , Regency, and Gateway areas. The city has a wide range of historical and new neighborhoods and suburbs that reflect its socioeconomic diversity. Early neighborhood development happened in ethnic enclaves, including Little Italy , Little Bohemia , Little Mexico and Greek Town . According to U.S. Census data, five European ethnic enclaves existed in Omaha in 1880, expanding to nine in 1900. Around
16102-455: The course of their lives. However, as late as 1970–1990, domestic violence was regarded as a private matter and sometimes was ignored by the police. According to Zorza in Criminal Law of Misdemeanor Domestic Violence, 1970–1990, "throughout the 1970s and early 1980s, officers believed and were taught that domestic violence was a private matter, ill suited to public intervention." Unfortunately,
16268-456: 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
16434-400: The courts, and the private bar. They urged Congress to adopt significant legislation to address domestic and sexual violence. The Violence Against Women Act established new offenses and penalties for the violation of a protection order or stalking in which an abuser crossed a state line to injure or harass another, or forced a victim to cross a state line under duress and then physically harmed
16600-445: The coverage of the Act after 18 years, as the 112th Congress adjourned. When a bill reauthorizing the act was introduced in 2012, it was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered foreigners residing in the country illegally to claim temporary visas , also known as U visas . The U visa is restricted to 10,000 applicants annually whereas
16766-542: 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
16932-729: The downtown and Midtown areas with the redevelopment of the Old Market, Turner Park, Gifford Park, and the designation of the Omaha Rail and Commerce Historic District . Omaha, due to its latitude of 41.26˚ N and location far from moderating bodies of water or mountain ranges, displays a hot-summer humid continental climate ( Köppen : Dfa ). July averages 76.7 °F (24.8 °C), with average relative humidity around 70% which then leads to relatively frequent thunderstorms. Temperatures reach 90 °F (32 °C) on 29 days and 100 °F (38 °C) on 1.7 days annually. The January daily average
17098-592: 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
17264-412: 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
17430-571: The factors identified by the Centers for Disease Control and Prevention as leading to violent, abusive behavior. Conservative activist Phyllis Schlafly denounced VAWA as a tool to "fill feminist coffers" and argued that the Act promoted "divorce, breakup of marriage and hatred of men ". In 2000, the Supreme Court of the United States held part of VAWA unconstitutional on federalism grounds in United States v. Morrison . That decision invalidated only
17596-581: 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
17762-450: 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
17928-439: 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
18094-584: The first ski lift in the U.S.; the Top 40 radio format as first used in the U.S. at Omaha's KOWH Radio ; and the TV dinner . Various Native American tribes had lived in the land that became Omaha since the 17th century, including the Omaha and Ponca , Dhegihan-Siouan language people who had originated in the lower Ohio River valley and migrated west by the early 17th century; Pawnee , Otoe , Missouri , and Ioway . The word Omaha (actually Umoⁿhoⁿ or Umaⁿhaⁿ ) in
18260-725: The goldfields in 1865. Its massive collection of artifacts is on display at the nearby Desoto National Wildlife Refuge . The jobbing and wholesaling district brought new jobs, followed by the railroads and the stockyards. Groundbreaking for the First transcontinental railroad in 1863, provided an essential developmental boom for the city. In 1862, the U.S. Congress allowed the Union Pacific Railroad to begin building westward railways; in January 1866 it commenced construction out of Omaha. The Union Stockyards , another important part of
18426-408: The homeless population that had come to live in the abandoned buildings. At the time, there were no plans in place for revitalizing the buildings. In the 1980s and 1990s, Omaha also saw major company headquarters leave the city, including Enron , founded in the city in 1930 and taken to Houston in 1987 by the now-notorious Kenneth Lay . First Data Corporation, a large credit-card processor, also
18592-429: The immigration provisions of VAWA: Although the title of the Act and the titles of its sections refer to victims of domestic violence as women, the operative text is gender-neutral, providing coverage for male victims as well. Individual organizations have not been successful in using VAWA to provide equal coverage for men. The law has twice been amended in attempts to address this situation. The 2005 reauthorization added
18758-409: 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
18924-617: The lands that now make up the state. The treaty and cession involving the Omaha area occurred in 1854 when the Omaha Tribe ceded most of east-central Nebraska. Logan Fontenelle , an interpreter for the Omaha and signatory to the 1854 treaty, played an essential role in those proceedings. Before it was legal to claim land in Indian Country , William D. Brown operated the Lone Tree Ferry that brought settlers from Council Bluffs, Iowa to
19090-411: The largest Internet backbones in the world, for $ 2 billion in 1996. The now-infamous Bernie Ebbers purchased the much larger MFS for $ 14.3 billion in 1997 under his World Com . He moved headquarters of the merged company from Omaha to Mississippi. Around the start of the 21st century, several downtown skyscrapers and cultural institutions were built. The First National Bank Tower on Dodge Street
19256-468: The late 1960s, the city rivaled, but never surpassed, the United States insurance centers of Hartford, Connecticut , New York City and Boston . After surpassing Chicago in meat processing by the late 1950s, Omaha suffered the loss of 10,000 jobs as both the railroad and meatpacking industries restructured. The city struggled for decades to shift its economy as workers suffered. Poverty became more entrenched among families who remained in North Omaha. In
19422-638: The late 1970s. In the 1980s, Omaha's fruit warehouses were converted into a shopping area called the Old Market . The demolition of Jobber's Canyon in 1989 led to the creation of the ConAgra Foods campus. Several nearby buildings, including the Nash Block , have been converted into condominiums. The stockyards were taken down; the only surviving building is the Livestock Exchange Building , which
19588-433: 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
19754-428: 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
19920-417: The majority of the city's population. North and South Omaha's populations continue to be centers of new immigrants, with economic and racial diversity. In 1975 a major tornado , along with a major blizzard , caused more than $ 100 million in damages in 1975 dollars. Downtown Omaha has since been rejuvenated in numerous ways, starting with the development of Gene Leahy Mall and W. Dale Clark Library in
20086-1132: 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
20252-457: 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
20418-528: 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
20584-437: The most frequently reported on campuses are stalking, followed by domestic violence, and dating violence. The prison abolition movement has been critical of VAWA for its focus on policing, surveillance, and incarceration, particularly mandatory incarceration requirements, and the disproportionate number of people of color who have been arrested and incarcerated using VAWA provisions. Notable people who have criticized aspects of
20750-664: 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
20916-559: The nation's ten largest architecture and engineering firms ( DLR Group , HDR, Inc. , and Leo A Daly ). Notable cultural institutions include the Henry Doorly Zoo and Aquarium , Old Market , Durham Museum , Lauritzen Gardens , and annual College World Series . Modern Omaha inventions include the Reuben sandwich ; cake mix, developed by Duncan Hines ; center-pivot irrigation ; Raisin Bran ;
21082-693: The national movement. Following the development of the Glenn L. Martin Company bomber manufacturing plant in Bellevue at the beginning of World War II, the relocation of the Strategic Air Command to the Omaha suburb in 1948 provided a major economic boost to the area. From the 1950s through the 1960s, more than 40 insurance companies were headquartered in Omaha, including Woodmen of the World and Mutual of Omaha . By
21248-646: The next. Even in areas governed by federal law, state law 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
21414-467: The number of U Visas nor the government's interest in studying crime in immigrant communities increased as a result of VAWA 2013. Based on data provided by Migration Policy Institute , 18.9 million (12%) of all women in the United States are immigrants. The number of immigrants who have been victims of IPV is unknown because national studies haven't been conducted to look at this issue in immigrant communities. A total of 138 House Republicans voted against
21580-430: The number of applicants far exceeds these 10,000 for each fiscal year. In order to be considered for the U visa, one of the requirements for immigrant women is that they need to cooperate in the detention of the abuser. Studies show that 30 to 50% of immigrant women are suffering from physical violence and 62% experience physical or psychological abuse in contrast to only 21% of citizens in the United States. In April 2012,
21746-416: 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
21912-582: 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
22078-567: 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
22244-532: 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,
22410-584: The redevelopment of the Gene Leahy Mall , a large park near Omaha's Riverfront, and the Omaha Streetcar , a nearly $ 500 million system of public transit. According to the United States Census Bureau , the city has a total area of 130.58 sq mi (338.20 km ), of which 127.09 sq mi (329.16 km ) is land and 3.49 sq mi (9.04 km ) is water. Situated in
22576-580: 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
22742-468: 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
22908-453: 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
23074-422: 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
23240-593: 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
23406-455: The same 25%–33% rate as other members of the community. VAWA 2013 develops programs and laws to protect the rights of LGBTQ people who have been the victims of IPV ( intimate partner violence ). LGBTQ victims are expressly included in two important VAWA grant programs by the act. It is now against the law for LGBTQ people to be dismissed from shelters or other VAWA-funded services because of their sexual orientation or gender identity, according to
23572-718: The sanctity of lives yet, we all know in law enforcement that one of the biggest reasons that the Senate and Mitch McConnell and John Cornyn and Ted Cruz and others are not getting into a room and having a conference committee with the House and getting the Violence Against Women's Act (passed) is because the NRA doesn't like the fact that we want to take firearms out of the hands of boyfriends that abuse their girlfriends. And who killed our sergeant? A boyfriend abusing his girlfriend. So you're either here for women and children and our daughters and our sisters and our aunts, or you're here for
23738-467: The start of the 20th century. the City of Omaha annexed several surrounding communities, including Florence , Dundee and Benson . At the same time, the city annexed all of South Omaha, including the Dahlman and Burlington Road neighborhoods . From its first annexation in 1857 (of East Omaha) to its controversial annexation of Elkhorn in 2007, Omaha has continually had an eye towards growth. Starting in
23904-448: 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,
24070-548: The summers of 2008, 2012, 2016, and 2021 the United States Olympic Team swimming trials were held in Omaha, at the Qwest/Century Link Center. These events were highlights in the city's sports community , as well as a showcase for redevelopment in the downtown area. In the 2020s, a number of large projects have been either completed or planned in an attempt to revitalize downtown Omaha. These include
24236-406: The version of the act that became law. However, several, including Steve King (R-Iowa), Bill Johnson (R-Ohio), Tim Walberg (R-Michigan), Vicky Hartzler (R-Missouri), Keith Rothfus (R-Pennsylvania), and Tim Murphy (R-Pennsylvania), claimed to have voted in favor of the act. Some have called this claim disingenuous because the group only voted in favor of a GOP proposed alternative version of
24402-422: The vibrant Near North Side. Musicians created their own world in Omaha, and also joined national bands and groups that toured and appeared in the city. After the tumultuous Great Depression of the 1930s, Omaha rebounded with the development of Offutt Air Force Base just south of the city. The Glenn L. Martin Company operated a factory there in the 1940s that produced 521 B-29 Superfortresses , including
24568-408: The victim in the course of a violent crime. One of the greatest successes of VAWA is its emphasis on a coordinated community response to domestic violence, sex dating violence, sexual assault, and stalking; courts, law enforcement, prosecutors, victim services, and the private bar currently work together in a coordinated effort that did not exist before at the state and local levels. VAWA also supports
24734-409: The well-being and safety of women and girls in the United States. United States federal law The law of 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
24900-440: The work of community-based organizations which are engaged in work to end domestic violence, dating violence, sexual assault, and stalking, particularly those groups that provide culturally and linguistically specific services. Additionally, VAWA provides specific support for work with tribes and tribal organizations to end domestic violence, dating violence, sexual assault, and stalking against Native American women. In December 2022,
25066-471: The world in 1898, when it played host to the World's Fair, dubbed the Trans-Mississippi Exposition . During the 19th century, Omaha's central location in the United States spurred the city to become an important national transportation hub . Throughout the rest of the 19th century, the transportation and jobbing sectors were important in the city, along with its railroads and breweries . In
25232-812: Was "mistaken" in invoking the VAWA. On March 15, 2022, President Joe Biden signed the reauthorization of VAWA into law as part of the Consolidated Appropriations Act of 2022 ( H.R. 2471 ); it is called the Violence Against Women Act Reauthorization Act of 2022. The reauthorization act does not include provisions to close the boyfriend loophole. However, it did include funding the Ensuring Forensic Health Care for all Act (EFCA) to fund support for generalist forensic nurse training. The Violence Against Women laws provided programs and services, including: When
25398-663: Was completed in 2002 and is the tallest building in Omaha and the state , surpassing the Woodmen Tower as the tallest in both at 634 ft (193 m). The creation of the city's new North Downtown included the construction of the CenturyLink Center and the Slowdown / Film Streams development at North 14th and Webster Streets. Construction of the new TD Ameritrade Park , also in the North Downtown area, began in 2009 and
25564-605: Was completed in 2011. TD Ameritrade Park is now the home of the College World Series , an event tourists flock to each year. The Union Pacific Center and the Holland Performing Arts Center opened in 2004 and 2005, respectively. Important retail and office developments occurred in West Omaha, such as the Village Pointe shopping center and several business parks. The site of the former Ak-Sar-Ben arena
25730-573: Was converted to multi-use and listed on the National Register of Historic Places. A historic preservation movement in Omaha has led to a number of historic structures and districts being designated Omaha Landmarks or listed on the National Register of Historic Places . Much of the push toward preservation came after Omaha gained the notorious designation of having, in 1989, demolished the largest-ever National Register historic district in
25896-454: Was during that same year that future United States President Gerald R. Ford was born in Omaha. Today, there is a museum dedicated to his birthplace. Six years later, in 1919, the city was caught up in the Red Summer riots when thousands of whites marched from South Omaha to the courthouse to lynch a black worker, Willy Brown, a suspect in an alleged rape of a white woman. The mob burned
26062-462: Was fierce competition among fur traders until John Jacob Astor created the monopoly of the American Fur Company . The Mormons built a town called Cutler's Park in the area in 1846. While it was temporary, the settlement provided the basis for further development. Through 26 separate treaties with the United States federal government, Native American tribes in Nebraska gradually ceded
26228-626: Was formerly referred to only as the Omaha Metropolitan Statistical Area and consisted of only five counties: Pottawattamie in Iowa, and Washington, Douglas, Cass, and Sarpy in Nebraska. The Omaha-Council Bluffs combined statistical area comprises the Omaha-Council Bluffs metropolitan statistical area and the Fremont Micropolitan statistical area ; the CSA has a population of 858,720 (2005 Census Bureau estimate). Omaha ranks as
26394-632: Was founded in Omaha in 1969; as of 2009, its headquarters are in Atlanta. Inacom , founded in Omaha in 1991, was a technology company that customized computer systems for large businesses, and was on the Fortune 500 list from 1997 until 2000, when it filed for bankruptcy. Northwestern Bell , the Bell System affiliate for Northwestern states, had its headquarters in Omaha from its founding in 1896 until it moved to Denver in 1991 as US West . Level 3 Communications ,
26560-485: Was not brought up for a vote in the House. In 2013, the question of jurisdiction over offenses in Native American country continued to be at issue over the question of whether defendants who are not tribal members would be treated fairly by tribal courts or afforded constitutional guarantees. On February 12, 2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78–22. The measure went to
26726-422: Was opposed by conservative Republicans, who objected to extending the Act's protections to same-sex couples and to provisions allowing battered undocumented immigrants to claim temporary visas . Ultimately, VAWA was again reauthorized in 2013, after a long legislative battle throughout 2012–2013. On September 12, 2013, at an event marking the 19th anniversary of the bill, Vice President Joe Biden criticized
26892-635: Was redeveloped into a mixed-use development Aksarben Village . In January 2009, Blue Cross Blue Shield of Nebraska announced plans to build a 10 story, $ 98 million headquarters in the Aksarben Village which it completed in Spring 2011. Another major mixed-use development to come to Omaha was Midtown Crossing at Turner Park . Developed by Mutual of Omaha , the development includes several condominium towers and retail businesses built around Omaha's Turner Park. There have also been several developments along
27058-794: Was relocated to Lincoln , 53 mi (85 km) southwest of Omaha. The U.S. Supreme Court later ruled against numerous landowners whose violent actions were condemned in Baker v. Morton . Many of Omaha's founding figures stayed at the Douglas House or the Cozzens House Hotel . Dodge Street was important early in the city's early commercial history; North 24th Street and South 24th Street also developed independently as business districts. Early pioneers were buried in Prospect Hill Cemetery and Cedar Hill Cemetery. Cedar Hill closed in
27224-496: 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
27390-450: Was up for reauthorization in Congress. Different versions of the legislation were passed along party lines in the Senate and House, with the Republican-sponsored House version favoring the reduction of services to undocumented immigrants and LGBT individuals. Another area of contention was the provision of the law giving Native American tribal authorities jurisdiction over sex crimes involving non-Native Americans on tribal lands. By repealing
27556-449: 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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