79 results
Search Results
2. NATIONAL SECURITY -- TELEPHONY METADATA COLLECTION -- WHITE PAPER ARGUES METADATA COLLECTION IS LEGAL UNDER THE USA PATRIOT ACT.
- Subjects
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RIGHT of privacy , *MASS surveillance policy , *ACQUISITION of data , *METADATA , *GOVERNMENT policy , *LAW ,PATRIOT Act of 2001 - Abstract
The article focuses on legality of metadata collection in the U.S. under the U.S PATRIOT Act. Topics include the legal justification for the investigation of Americans' private telephone records, the data collection program implemented by the U.S. National Security Administration under U.S. President Barack Obama, and if such practices are a violation of privacy.
- Published
- 2014
3. STANDING OF PURCHASERS FROM NONCONSPIRATORS TO CHALLENGE PRICE-FIXING CONSPIRACY: Mid-West Paper Products Co. v. Continental Group, Inc.
- Subjects
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CONSPIRACY , *PRICE fixing -- Law & legislation - Abstract
Provides information on the U.S. court case Mid-West Paper Products Co. versus Continental Group Inc. which deals with the challenge posed by the standing of purchasers from non-conspirators on price-fixing conspiracy. Allegations against Mid-West Paper; Argument raised by the plaintiffs against the defendant's conspiracy; Conclusion that the court reached for the case.
- Published
- 1980
- Full Text
- View/download PDF
4. SOME 'PROBLEMS IN OVERDUE PAPER.
- Author
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Jones, Francis R.
- Subjects
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LAW , *NEGOTIABLE instruments , *COMMON law , *CUSTOMARY law , *COMMERCIAL law - Abstract
This article discusses various issues related to law and theories of overdue negotiable paper. There are three theories of overdue negotiable paper, no one of which has been consistently adopted by the common law. It is consequently difficult, if not impossible, to get either a correct perspective from which to view the cases or an absolute standard by which to measure their correctness. It appears to the article author to be impossible to follow the ordinary method and test the correctness of a case relating to overdue negotiable paper by the application. of the logical deduction and modification of the principles which, underlie the law of negotiable paper before maturity, because to do so would be to condemn almost every case to the limbo of legal error.
- Published
- 1897
- Full Text
- View/download PDF
5. ACCELERATION PROVISIONS IN TIME PAPER.
- Author
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Chafee Jr., Zechariah
- Subjects
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BANK loans , *COLLATERAL security , *PAYMENT , *NEGOTIABLE instruments , *CIVIL procedure , *EXTINGUISHMENT of debts - Abstract
Reveals why it has become usual for bank loans, even if secured by collateral, to contain numerous provisions for the acceleration of payment. Conversion of a negotiable instrument into a substitute for money; Origin of the rule requiring certainty in commercial paper; Failure of the courts and law textbooks to distinguish between the requisite of certainty of time and that which forbids the instrument to be conditional.
- Published
- 1919
- Full Text
- View/download PDF
6. RIGHTS IN OVERDUE PAPER.
- Author
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Chafee Jr., Zechariah
- Subjects
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NEGOTIABLE instruments , *ADVISORY opinions , *UNCERTAINTY , *DECISION making , *STATUTES , *PROMISSORY notes - Abstract
The article presents an endeavor to test a theory of negotiable instruments by its application to the abnormal conditions of overdue paper. Examination of the decisions and text-writers shows not only a wide difference of opinion as to which of these two innocent persons should prevail, but also great uncertainty as to the theoretical nature of an overdue negotiable instrument. An overdue note is consequently negotiable within the terms of a statute exempting debts secured by negotiable promissory notes from garnishment.
- Published
- 1918
- Full Text
- View/download PDF
7. ORGANIZATIONAL PAPERS AND THE PRIVILEGE AGAINST SELF-INCRIMINATION.
- Subjects
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PROPERTY rights , *LEGAL evidence , *LEGISLATIVE amendments - Abstract
Argues that individuals should be able to invoke fifth amendment protection for both personal and organizational documents. Rationales invoked by the U.S. Supreme Court to support its distinction between personal and organizational documents; Emphasis on property rights; Ways in which the act of producing documents may fall within the category of testimonial evidence.
- Published
- 1986
- Full Text
- View/download PDF
8. JOINT VENTURE CORPORATIONS: DRAFTING THE CORPORATE PAPERS.
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JOINT ventures , *CORPORATION law - Abstract
Focuses on the legality of the draft of corporate documents in corporate joint ventures. Categories of situations where a corporation lacks necessary skills and resources needed in corporate expansion; Forms of business associations; Conditions in which analogous difficulties can arise.
- Published
- 1964
- Full Text
- View/download PDF
9. DONATIO MORTIS CAUSA OF NEGOTIABLE PAPER.
- Subjects
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GIFTS causa mortis , *GIFTS , *DEATH , *NEGOTIABLE instruments , *CHECKS , *PROMISSORY notes , *AMERICAN law - Abstract
Discusses the legal issue of donatio mortis causa of negotiable instruments in the United States. Distinction between the case of a bill of exchange and that of a check payable to bearer; Case of "Rolls v. Pearce"; Ruling in "Clemen v. Cheesman" that the gift of two checks of a third person, owned by the donor, is a valid donatio mortis causa; Ruling that promissory notes made or the bills of exchange drawn by the donor himself are not valid donatio mortis causa.
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- 1892
- Full Text
- View/download PDF
10. FRAUDULENT ALTERATION OF COMMERCIAL PAPER NEGLIGENTLY DRAWN.
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COMMERCIAL documents , *NEGOTIABLE instruments , *LEGAL instruments , *LAW & economics , *COMMERCIAL crimes , *FRAUD - Abstract
The article focuses on fraudulent alteration of commercial papers negligently drawn. The English decisions on the concerned subject establish two principles. First, as between drawer and acceptor, the former owes a duty so to draw as not to facilitate alteration, and he must answer to the latter for any loss resulting from failure to observe that duty. Secondly, as between the drawer or acceptor and subsequent parties there is no such duty, and, consequently, no liability for a failure to observe it.
- Published
- 1903
- Full Text
- View/download PDF
11. Papers of Adlai E. Stevenson: Washington to Springfield 1941-1948, The (Book)
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BOOKS , *LAW - Abstract
Presents information on books on law. 'The Papers of Adlai E. Stevenson: Washington to Springfield, 1941-1948,' volume 2, edited by Walter Johnson and Carol Evans; 'America's Public Lands: Politics, Economics & Administration,' edited by Harriet Nathan; 'How the Government Breaks the Law,' by Jethro K. Lieberman.
- Published
- 1973
12. ILLEGAL CONTRACTS -- PUBLIC POLICY -- AGREEMENT TO SUE IN CERTAIN COURTS ONLY.
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LEGAL judgments , *FOREIGN corporations , *CONTRACTS , *ACTIONS & defenses (Law) - Abstract
Reports on the ruling of a court in Massachusetts on a case regarding the validity of a contract between Nashua River Paper Co. and Hammermill Paper Co. which contains a stipulation that no action should be maintainable against the foreign corporation except in certain courts of the foreign state. Reason behind the ruling of the court; Other court cases with similar ruling.
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- 1916
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13. RECENT PUBLICATIONS.
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BOOKS - Abstract
Presents information on several books on law. 'The Paper Chase,' by John Jay Osborn Jr.; 'The Future of the Oceans,' by Wolfgang Friedmann; 'Cope and Rebels: A Study of Provocation,' by Paul Chevigny; 'The Invisible Resource: Use and Regulation of the Radio Spectrum,' by Harvey J. Levin.
- Published
- 1972
14. BOOKS RECEIVED.
- Subjects
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BOOKS , *AMERICAN law - Abstract
The article presents a list of book related to laws of the United States received by the journal. Some of the books included in the list are: "City and Regional Planning Papers," by Alfred Bettman; "Constitutional Law: Cases on," by Noel T. Dowling; "The Province and Function of Law," by Julius Stone; "Shares in Mutual Investment Funds," by Alec Brock Stevenson.
- Published
- 1946
15. Separation of Powers — Congressional Oversight — Presidential Subpoenas — Trump v. Mazars USA, LLP.
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LEGISLATIVE oversight , *ELECTION of legislators , *PRESIDENTIAL succession , *SUBPOENA - Abstract
The article focuses on Congressional Oversight and Presidential Subpoenas between Trump v. Mazars USA, LLP. Topics include examines that the Court held that congressional subpoenas of the President's private papers implicate special separation of powers concerns that must be weighed in evaluating the subpoenas' validity.
- Published
- 2020
16. THE INCENTIVE GAP: REASSESSING U.S. POLICIES TO SECURE NUCLEAR ARSENALS WORLDWIDE.
- Subjects
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LAW , *NUCLEAR weapons (International law) , *NUCLEAR warfare , *GOVERNMENT policy , *NUCLEAR weapons testing laws , *LEGISLATION , *POLICY sciences , *INTERNATIONAL relations - Abstract
The article focuses on reassessing the U.S. policies to secure nuclear arsenals worldwide. Accordingly, the paper considers the questions facing policymakers charged with designing a strategy to secure nuclear weapons and material worldwide from theft and use by terrorists. In tackling these questions, the paper proceeds in five parts such as the outlining of U.S. policy for preventing state behaviors that could facilitate nuclear terrorism, assessing the results of this policy, concluding that it has failed to produce adequate levels of fissile material security, exploring the reasons for this lack of progress, and the consideration of a range of potential options for creating stronger incentives for states to secure their nuclear stockpiles.
- Published
- 2008
17. A FEDERAL ADMINISTRATIVE APPROACH TO REDISTRICTING REFORM.
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LAW , *REFORMS , *LAW reform , *CONSTITUTIONAL courts , *LEGISLATORS , *LEGISLATION , *GOVERNMENT policy - Abstract
The article focuses on the federal administrative approach to redistricting reform in the U.S. Accordingly, the paper advocates the adoption of limited, selective federal oversight of congressional redistricting plans created by partisan legislatures, with an eye toward encouraging the use of independent redistricting commissions. Moreover, the paper also suggests the creation of a federal agency authorized to review partisan redistricting at the request of a substantial minority of a state's legislature, while providing a safe harbor for states that use independent agencies to redraw district lines.
- Published
- 2008
18. GOVERNMENT REGULATION.
- Subjects
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CLASSIFIED advertising , *PRINT advertising , *NEWSPAPER advertising - Abstract
The article reports that the U.S. Supreme Court, in Times-Picayune Publishing Co. versus United States, upheld a tying arrangement for newspaper advertising as not violative of the Sherman Act, while enunciating criteria which may make it easier to eliminate tying arrangements under the Clayton Act. The defendant, publisher of the only morning daily newspaper in New Orleans, the Times- Picayune, and one of the two evening papers, the States, adopted a unit system requiring that classified and national display advertisements be placed in both papers. The Supreme Court reversed the District Court's finding that the unit system was a tying arrangement violating Sections 1 and 2 of the Sherman Act.
- Published
- 1953
19. A Directory of Casebooks.
- Subjects
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LEGAL bibliography , *ADMINISTRATIVE law , *ADMIRALTY , *NEGOTIABLE instruments , *TRADE associations , *CIVIL procedure , *CODE pleading , *COMMERCIAL paper issues - Abstract
Presents a list of law casebooks. Legal accounting; Administrative law; Admiralty; Bills and notes; Business associations; Civil procedure; Code pleading; Commercial paper; Commercial law; Community property; Conflict of laws; Constitutional law; Contracts; Corporate finance; Criminal law; Domestic relations; Evidence; Equity; Federal anti-trust laws.
- Published
- 1953
20. THE LEGAL PROFESSION IN ITALY.
- Author
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Sereni, Angelo Piero
- Subjects
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PRACTICE of law , *LAWYERS , *LEGAL professions , *LAW , *CLIENTS - Abstract
The article discusses issues related to the practice of law in Italy. As in most civil law countries, lawyers in Italy are divided into two classes — avvocati and procuraiori. The procuratore subscribes all pleadings and other papers submitted to the court, is present at the taking of depositions, and must sign the briefs, with few exceptions all papers during litigation are served on him rather than on his client. The avvocato in general performs broader and more responsible functions: he advises the client, drafts all papers and briefs and argues the case.
- Published
- 1950
- Full Text
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21. LEGAL TENDER.
- Author
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Thayer, James B.
- Subjects
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MONEY , *LEGAL tender , *FINANCE , *BANK notes - Abstract
Examines the clauses of the Constitution relating to money. Description of the specifications of the power which is given to the Congress of the United States in the Constitution relating to money; Analysis of the clauses of the Constitution about the emission of bills and making paper a legal tender; Explanation of the power of Congress in making a paper currency.
- Published
- 1887
- Full Text
- View/download PDF
22. NOTES ON THE RHODE ISLAND ADMIRALTY.
- Subjects
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ADMIRALTY , *MARITIME law , *STATE courts , *COMMERCIAL law - Abstract
The article discusses the Rhode Island admiralty documents and papers. In 1703, Massachusetts, New Hampshire, and Rhode Island were constituted one district, and the Rhode Island court was held by a deputy appointed by the judge in Boston. The Vice Admiralty papers start in 1727, run with tantalizing gaps to 1772, and are most complete for 1740-52. After 1752, the papers are extremely fragmentary. With the Revolution and the establishment of a state court of admiralty, the records begin again, and for the period 1776-83 they are substantially complete. In a sense, therefore, the Rhode Island papers complement those of New York, since the latter, in the Vice Admiralty period, are most full for 1754-74, and in the state court run from 1784 to 1788.
- Published
- 1932
- Full Text
- View/download PDF
23. NOTES.
- Subjects
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COMMON law , *CIVIL law , *DOMESTIC relations , *CONSTITUTIONAL courts , *LIBEL & slander - Abstract
The article presents abstracts of various papers related to the civil and common law. One of the paper discussed is "Death by Wrongful Act in the Civil Law," issued by the Common Law Technique and Civil Law Authorities. In Panama R. R. Co. v. Rock, the U.S. Supreme Court, reversing the judgment of the Circuit Court of Appeals for the Fifth Circuit, holds that a husband cannot maintain an action for wrongfully causing the death of his wife in the Canal Zone. This proposition, sufficiently startling of itself in the year 1924, becomes more surprising when one turns to the opinion of the majority of the court and perceive its presuppositions. Another paper discussed is "Promise to Discharge Promisee's Debt to a Third Party: Effect of a Suretyship Relation Between Promisor and Promisee Upon Promisee's Rights."
- Published
- 1925
24. CONCERNING SEARCHES AND SEIZURES.
- Author
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Fraenkel, Osmond K.
- Subjects
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CONSTITUTIONAL amendments , *SEARCHES & seizures (Law) , *CIVIL rights , *LAW enforcement , *CONSTITUTIONAL amendments (United States) - Abstract
The article presents information on various amendments to the Constitution of the U.S., and different laws related to searches and seizures of property and papers. The Fourth Amendment to the Constitution of the U.S. discusses about the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures and issue of warrants. Constitutional provisions more or less similar to this one exist in all the states, except in New York where such a limitation appears in the Civil Rights Law. It is well known that the adoption in 1791 of the first ten amendments resulted from the agitation for a Bill of Rights which attended the ratification of the Constitution.
- Published
- 1921
- Full Text
- View/download PDF
25. NOTES.
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LEGISLATIVE bills , *CORPORATE debt , *JUSTICE administration , *ACCOUNTS payable , *PARENT companies , *LEGAL liability ,ABSTRACTS - Abstract
The article presents information on abstracts of various papers related to the legislation. One of the papers discussed is "Injuries by Trespassing Animals." In the simple conception of liability that refers everything to the human will, one is held legally upon a legal transaction, in which he willed liability, or because of a wrongful act, in which he willed something culpable. But liability at one's peril for situations dangerous to the general security, without regard to culpability, was an obvious fact in the administration of justice. Another paper discussed is "Effect of Ownership of All the Stock of One Corporation by a Second Corporation: Liability of a Parent Corporation for the Debts of a Subsidiary Corporations, Subsidiary Corporations As Agents."
- Published
- 1919
26. RECENT CASES.
- Subjects
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LEGAL judgments , *ACTIONS & defenses (Law) , *APPELLATE procedure , *BIDDERS , *CERTIORARI , *U.S. states - Abstract
The article presents various U.S. court cases and their judgments. In the court case People cx rel. Argus Co. v. Hugo, I68 N. Y.Supp. 25, a statute provided that the state printing board should award the state printing contract to the lowest responsible bidder. The board awarded the contract to the second lowest bidder, and the lowest bidder seeks to have the proceedings reviewed on certiorari. In the court case Carr v. Maine Cent. R.R., 192 AtI. 532 (N.H.), defendant informed plaintiff that if he would execute the necessary papers it would procure such consent. Papers were executed and delivered to the defendant, but it failed to act further during the period for securing the rebate. The court held the decision that the plaintiff is entitled to damages caused by defendant's failure to secure consent to the rebate.
- Published
- 1918
27. NOTES.
- Subjects
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INTERNATIONAL law , *JUDGMENT (Psychology) , *INTERNATIONAL relations , *LAND use , *HUMAN rights , *LIBEL & slander , *PROPERTY rights - Abstract
The article presents abstracts of various papers related to international law. One of the papers discussed is "Defenses to Action on Foreign Judgment." By the civil law a foreign judgment, in the absence of treaty or statutory provision, is reviewable on the merits. When approved it is declared executory and enforced directly. At common law the rule is otherwise. A foreign judgment is conclusive on the merits, because it creates an obligation which is recognized like any other foreign-acquired right. Other papers discussed are "The Effect of Changing the Use of Land Taken by Eminent Domain," "Revision of Alimony Decrees," "Actual Competition As an Essential Element in Unfair Trade Cases" and "Effect on Incomplete Release of Appointment of Debtor As Executor."
- Published
- 1913
28. NOTES.
- Author
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J. L. T.
- Subjects
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ADMINISTRATIVE law , *LEGISLATIVE amendments , *TRANSPORTATION , *LEGISLATIVE bills , *MILITARY law , *CIVIL rights - Abstract
The article presents abstracts of various papers related to legislation of the U.S. One of the papers discussed is "The Constitutionality of the Pipe-Line Amendment." By an amendment to the Interstate Commerce Act adopted in 1906 all persons engaged in the transportation of oil by interstate pipelines are placed on the footing of common carriers. A recent decision of the Commerce Court holding this amendment invalid because it applies to pipelines, which have never professed to carry for the public, presents a constitutional question of considerable importance. Another paper discussed is "Martial Law." Military jurisdiction is of three kinds. The universal demand for security to person and property, which has everywhere, expressed itself in the form of constitutional guarantees against interference with individual rights.
- Published
- 1913
29. REGISTERING DISAGREEMENT: REGISTRATION IN MODERN AMERICAN TRADEMARK LAW.
- Author
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Tushnet, Rebecca
- Subjects
- *
TRADEMARK application & registration -- Law & legislation , *TRADEMARK laws , *LEGAL rights , *FEDERAL courts , *LAW & economics , *ACTIONS & defenses (Law) - Abstract
Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or similar) marks is broken. Courts too readily find too many acts to be infringing even when they’re harmless or actually useful to consumers. Trademark practitioners, meanwhile, while often quite approving of broad interpretations of trademark law, widely recognize that our trademark registration system has significant practical problems. What we haven’t done is try to unite concerns over the expansion of trademark rights with concerns over the registration system and explain their relationship to each other. Registration offers some of the most challenging puzzles in trademark law. Consider: If the mark REDSKINS for a football team is disparaging and its trademark registration therefore invalid, can trademark law nonetheless protect the team against unauthorized uses of the term? This question became more than theoretical when a district court recently upheld the invalidation of the REDSKINS registrations, a ruling now on appeal and likely headed to the Supreme Court. Or suppose the PTO determines that, in the abstract, an applied-for trademark is likely to cause confusion with another previously registered mark. I f the applicant decides to use the mark anyway, without a registration, should the PTO’s determination bind a federal court asked to determine whether the new mark, as actually used, causes confusion with that previously registered mark? The Supreme Court just decided this issue in a way that generated large-scale uncertainty about the new relationship between registration and infringement liability. These questions, and a number of others, highlight the need for renewed attention to trademark registration as such. Registration provides opportunities to limit trademark’s current structurelessness. Specifically, registration works best in a system that doesn’t aim to search out and extirpate every possible instance of confusion, instead recognizing multiple reasons that we might avoid fact-intensive confusion inquiries and either ban or allow certain market behaviors. Moreover, maintaining the registration system requires the investment of substantial government and private resources, which is currently almost irrelevant at the enforcement stage. Applicants and the PTO spend much time and effort crafting the equivalent of an exquisitely detailed origami crane; rather than considering the details, courts then ask the equivalent of “is this paper folded? and move on. Not only is this a waste of resources, but it also leads courts to misunderstand the proper scope of a registration. There are a number of changes, ranging from small tweaks to sweeping statutory reforms and the rejection of the Supreme Court’s ahistorical conclusion that registration is a matter of factual accident rather than an important distinction between types of marks, that could improve the law to the benefit of trademark owners and nonowners alike. [ABSTRACT FROM AUTHOR]
- Published
- 2017
30. OLD-SCHOOL/NEW-SCHOOL SPEECH REGULATION.
- Author
-
Balkin, Jack M.
- Subjects
- *
FREEDOM of speech , *GOVERNMENT regulation -- Social aspects , *NEW York Times Co. v. Sullivan , *DAMAGES (Law) , *FREEDOM of expression -- Social aspects ,NEW York Times Co. v. United States - Abstract
The article discusses various freedom of speech regulations in America as of June 2014, focusing on the U.S. Supreme Court's rulings in the legal cases New York Times Co. v. Sullivan and New York Times Co. v. United States (Pentagon Papers) which deal with the First Amendment to the nation's Constitution and civil damages for alleged defamation. Prior restraints, democratic legitimacy, and freedom of expression rights in America are mentioned. U.S. government practices are also examined.
- Published
- 2014
31. APPOINTING STATE ATTORNEYS GENERAL: EVALUATING THE UNBUNDLED STATE EXECUTIVE.
- Subjects
- *
UNITARY executive theory (Consititutional law) , *EXECUTIVE power , *CLAUSES (Law) , *STATE government personnel , *U.S. states ,UNITED States attorneys general - Abstract
The article discusses state executive offices and appointments for state attorneys general in the U.S. as of January 2014, focusing on a push for the establishment of additional state unitary executive systems in which a single official presides over the entire executive branch. Executive nominations, legislative confirmations, and executive removal power are mentioned, along with the U.S. Constitution's Vesting Clause and the arguments set forth in the "Federalist Papers."
- Published
- 2014
32. H. L. A. HART'S LOST ESSAY: DISCRETION AND THE LEGAL PROCESS SCHOOL.
- Author
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Shaw, Geoffrey C.
- Subjects
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JUDICIAL discretion , *DECISION making in law , *RULE of law , *VISITING professors , *HISTORY of the philosophy of law , *TWENTIETH century , *HISTORY , *POLITICAL attitudes - Abstract
This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart's paper -- Discretion -- in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart's work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart's work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart's year as a visiting professor. Hart's Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. [ABSTRACT FROM AUTHOR]
- Published
- 2013
33. Clean Water Act -- Auer Deference -- Decker v. Northwest Environmental Defense Center.
- Subjects
- *
JUDICIAL deference , *WATER laws , *CITIZEN suits (Civil procedure) , *ACTIONS & defenses (Law) ,DECKER v. Northwest Environmental Defense Center (Supreme Court case) ,AUER v. Robbins (Supreme Court case) ,STATE statutes (United States) - Abstract
The article discusses the U.S. Supreme Court's (USSC's) ruling in the 2013 case Decker v. Northwest Environmental Defense Center (NEDC) which deals with the U.S. Clean Water Act (CWA) and judicial deference for an American government agency's interpretation of its own regulations in the aftermath of the USSC's judgment in the case Auer v. Robbins. According to the article, the NEDC filed a lawsuit under the CWA's citizen-suit provision against various logging and paper-product companies.
- Published
- 2013
34. IMMIGRATION LAW -- STATUTORY INTERPRETATION -- SEVENTH CIRCUIT DEFERS TO AGENCY INTERPRETATION OF EVIDENTIARY STANDARDS. -- Ali v. Mukasey, 521 F.3d 737 (7th Cir. 2008).
- Subjects
- *
LEGAL judgments , *IMMIGRATION law , *ACTIONS & defenses (Law) - Abstract
The article discusses the court case, Ibrahim Ali versus Michael B. Mukasey, in which the Seventh Circuit gave in to a statutory interpretation put forth by the Board of Immigration Appeals in the U.S. The court held that an immigration court could consider additional evidence beyond the charging papers and judgment of conviction. This decision countermanded conflicting Seventh Circuit precedents, elucidating that administrative discretion belongs to the agency rather than to the court.
- Published
- 2009
35. DEFENDING FEDERALISM: REALIZING PUBLIUS'S VISION.
- Subjects
- *
FEDERAL government , *FEDERAL legislation , *CONSTITUTIONS , *DESPOTISM ,UNITED States politics & government - Abstract
The article focuses on the vision of Publius, a collective pseudonym for the authors of the publication "Federalist Papers" namely Alexander Hamilton, James Madison, and John Jay. It discusses the way Publius defends a Constitution that focuses on the creation of power that the U.S. government lacked during the Articles of Confederation period, but taking into considerations the tyranny that it may bring. It is noted that a system containing "auxiliary precautions" against tyrannical usurpations is created. The vertical competition model and the guard dog model proposed by Publius are presented, as well as the features and implications of such models.
- Published
- 2008
36. NEVER AGAIN SHOULD A PEOPLE STARVE IN A WORLD OF PLENTY.
- Subjects
- *
JUSTICE , *EQUALITY , *ETHICS , *STATUES , *LEGAL professions , *LAWYERS , *FAIRNESS , *CONDUCT of life - Abstract
The article explores the two important concepts such as morality and justice inspired by the statue in Cambridge Common in the U.S. In its vivid depiction of a wealthy individual who finds himself in a position to help a poor individual, the statue raises fundamental questions of morality and obligation toward others. In its reminder of the impoverishment of some groups relative to other groups in society, the statue also draws on deep conceptions of justice and inequality between classes. Moreover, the paper investigates how morality and justice affect the choice of legal professions, arguing that legal career choices should involve good faith efforts to serve both of these noble goals.
- Published
- 2008
37. THE EXTRATERRITORIAL CONSTITUTION AND THE INTERPRETIVE RELEVANCE OF INTERNATIONAL LAW.
- Subjects
- *
LAW , *CONSTITUTIONS , *INTERNATIONAL law , *CONSTITUTIONAL law , *POLITICAL science , *CONSTITUTIONAL conventions , *HUMANITARIAN law , *NATURAL law - Abstract
The article discusses the extraterritorial constitution and the interpretive relevance of international law in the U.S. Accordingly, the paper proceeds in three parts. The first part discusses the state of the law following United States versus Verdugo-Urquidez and the contemporary significance of the question of extraterritorial application of the Constitution. The second part situates the impracticable and anomalous standard in historical context, drawing on the nineteenth-century use of international law to identify powers inherent in sovereignty. The third part argues that in the context of the war on terrorism, it is sensible to look to international humanitarian law to guide the inquiry into when certain rights apply extraterritorially.
- Published
- 2008
38. TOWARD A TWENTY-FIRST-CENTURY JACOBSON V. MASSACHUSETTS.
- Subjects
- *
LAW , *VACCINES , *PREVENTIVE medicine , *IMMUNIZATION , *VACCINATION , *LEGISLATION , *GOVERNMENT policy , *HEALTH , *VACCINATION policies - Abstract
The article focuses on the issues of vaccine law in the U.S. Accordingly, the paper suggests that vaccine law should be distinguished between two kinds of necessity such as the medical necessity and practical necessity. Those vaccines classified as medically necessary would be those that are the only known viable defenses against diseases taking hold in a community. However, practically necessary vaccines are those to which there are alternatives, but which alternatives are, in practice, not used by a significant number of people.
- Published
- 2008
39. HARMONIZING COPYRIGHT'S INTERNATIONALIZATION WITH DOMESTIC CONSTITUTIONAL CONSTRAINTS.
- Subjects
- *
COPYRIGHT , *GLOBALIZATION , *INTELLECTUAL property , *INTANGIBLE property , *LEGISLATION , *LEGISLATIVE power , *GOVERNMENT policy , *COMMERCIAL law - Abstract
The article discusses the internationalization of copyright in the U.S. Accordingly, the paper proceeds in three parts. The first part is the discussion of the details of the internationalization of copyright which provides examples of domestic legislation passed in response to international obligations and standards, and canvasses cases that have taken stock of this new globalized copyright. The second part turns to the handful of scholars who have responded to the new international side of copyright. The third part introduces a new method of judicial review that seeks to bridge the gaps and to respond to what may be the greatest danger of not substantively reviewing domestic law purporting to comply with international obligations.
- Published
- 2008
40. THE MINISTERIAL EXCEPTION TO TITLE VII: THE CASE FOR A DEFERENTIAL PRIMARY DUTIES TEST.
- Subjects
- *
LAW , *RELIGION & law , *LABOR laws , *RELIGION & justice , *JUDICIAL review , *CONSTITUTIONAL law , *DELEGATION of powers , *RULE of law - Abstract
The article discusses the ministerial exemption for religious employers in the U.S. Accordingly, the paper proceeds in five parts. The first part describes the history of the ministerial exception. The second part provides details of the constitutional bases for the exception under both Religion Clauses, and argues that the expressive association right further justifies the ministerial exception even though the case law has not yet recognized this rationale. The third part evaluates the primary duties test used to trigger the ministerial exception. The fourth part encourages adoption of a deferential primary duties test to cure these constitutional defects. The last part responds to potential criticisms of a deferential primary duties test.
- Published
- 2008
41. THE RIGHTS OF CRIMINAL DEFENDANTS AND THE SUBPOENA DUCES TECUM: THE AFTERMATH OF FISHER V. UNITED STATES.
- Subjects
- *
SUBPOENA , *CIVIL rights , *LEGAL judgments - Abstract
Analyzes the application of the U.S. Supreme Court ruling on the case Fisher v. United States for cases concerning the use of subpoena duces tecum and the rights of criminal defendants in the U.S. Background on the ruling of the U.S. Supreme Court; Discussion on the concept of implicit authentication; Examination of the first amendment protection for personal paper.
- Published
- 1982
- Full Text
- View/download PDF
42. THE FORMS AND LIMITS OF ADJUDICATION.
- Author
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Fuller, Lon L.
- Subjects
- *
ADMINISTRATIVE procedure , *JURISPRUDENCE , *COURTS - Abstract
The initial version of The Forms and Limits of Adjudication was circulated to the members of the Legal Philosophy Discussion Group at Harvard Law School in 1957. A revised and expanded version was prepared in 1959 for use in Mr. Fuller's course in Jurisprudence and for discussion at the Round Table on Jurisprudence at the 1959 meeting of the Association of American Law Schools. Further refinements resulted in a third version for classroom use in 1961 ; I have followed that version here. The editing has consisted principally of minor grammatical corrections and changes of punctuation; the addition of several paragraphs in Part VI, section 2 (see note 22) ; and the identification, where possible, of important references and sources, which are inserted in brackets. I am deeply grateful to Mrs. Marjorie Fuller, who made it possible for me to examine the library and private papers of her late husband. The complete essay has never before been published, but portions of it were included in two articles by Mr. Fuller: Adjudication and the Rule of Law, 54 PROC. AM. Soc'Y INT'L L. I (1960) and Collective Bargaining and the Arbitrator, 1963 Wis. L. REv. 3. Mr. Fuller also granted permission for the printing of a substantial part of the essay in AMERICAN COURT SYSTEMS: READINGS IN JUDICIAL PROCESS AND BEHAVIOR (S. Goldman & A. Sarat eds. i978). That Mr. Fuller never published the entire essay is due, I believe, to a plan he formulated in 1958 or 1959 to expand it into a book of the same title. By 1960 the projected volume had become The Principles of Social Order, an essay in eunomics--that is, in Mr... [ABSTRACT FROM AUTHOR]
- Published
- 1978
- Full Text
- View/download PDF
43. CONSTITUTIONAL LAW.
- Subjects
- *
CONSTITUTIONAL law , *SUBSIDIES laws , *AMERICAN business enterprises - Abstract
Focuses on the Constitutional Law in the United States. State Subsidies Favoring Local Business; Term of the U.S. Supreme Court on Death Penalty; Fifth Amendment Protection of Private Papers.
- Published
- 1976
44. RECENT CASES.
- Subjects
- *
ACTIONS & defenses (Law) , *CIVIL penalties , *CHURCH property , *INTERSTATE commerce - Abstract
Presents several cases in the U.S. United States v. St. Regis Paper Co. on civil penalties for violation of Federal Trade Commission order; Serbian Eastern Orthodox Diocese for the U.S. and Canada v. Ocokoljick on chruch property disputes; Garden State Dairies Inc. v. Sills on commerce clause.
- Published
- 1967
45. PERPETUITIES REFORM BY LEGISLATION: ENGLAND.
- Author
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Leach, W. Barton
- Subjects
- *
LAW reform , *PERPETUITIES , *LEGISLATION , *CY-pres doctrine - Abstract
Presents a Command Paper, the Fourth Report of the Law Reform Committee, recommending substantial legislative changes in the Rule Against Perpetuities. Period of the rule; Basis for the validity of a limitation under the rule against perpetuities; Rejection of the power of courts to remodel limitations which infringe the rule.
- Published
- 1957
- Full Text
- View/download PDF
46. THOMAS REED POWELL.
- Author
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Freund, Paul A.
- Subjects
- *
LAW teachers , *LEGAL education , *LEGAL professions ,BIOGRAPHIES - Abstract
The article presents a memoir of U.S. legal scholar Thomas Reed Powell. The article author states that although Powell founded no school and espoused no doctrinal creed, his teaching and writing were distinctive, unmistakable, and inimitable. His published papers, numbering close to two hundred essays, are marked by that relentless analysis of judicial rhetoric, that irreverent uncloaking of disreputable logic, that playfulness in the service of intellectual morality, which made him a fearsome delight to students and friends. If one were to revert after all to the language of science and identify a phenomenon with his name, it would have to be called the Powell Effect.
- Published
- 1956
47. LEGAL RESTRICTION OF COMPETITION IN THE REGULATED INDUSTRIES: AN ABDICATION OF JUDICIAL RESPONSIBILITY.
- Author
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Schwartz, Louis B.
- Subjects
- *
ECONOMIC policy , *COST effectiveness , *COMMERCIAL law , *ECONOMIC competition , *TRADE regulation - Abstract
The article informs that the American political tradition and the antitrust laws make competitive free enterprise both a norm in practice and an ideal of national policy. Those who favor this policy do so on various grounds. They believe that rivalry among competing sellers will lead to improvement of product and reduced prices. The downward pressure on selling prices will also compel a striving for increased efficiency and reduced costs. It is the purpose of this paper to review the work of these administrative agencies and the courts in formulating national economic policy in this area. The central and recurrent problem will be the relative weight to be accorded to the policy of maintaining competition in an industry which by hypothesis is to be governed by competition only to a limited extent.
- Published
- 1954
- Full Text
- View/download PDF
48. THE DRAFTING OF PARTNERSHIP AGREEMENTS.
- Author
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Worcester, Dean K.
- Subjects
- *
AMERICAN law , *PARTNERSHIP agreements , *PARTNERSHIP interest , *PARTNERSHIP allocations , *BUSINESS partnerships - Abstract
The article focuses on issues related to the drafting of partnership agreements in the U.S. This paper will deal chiefly with the major features of this form and its adaptation to various business situations. The partners may agree on anything they wish. The chief task of the draftsman is to ascertain what they do wish, to think out in advance the typical problems that are likely to arise, to discuss these with his clients, to work out decisions as to how they are to be treated, and to set the results down in clear language.
- Published
- 1950
- Full Text
- View/download PDF
49. SOVEREIGN IMMUNITY AND SOVIET STATE TRADING.
- Author
-
Fensterwald Jr., Bernard
- Subjects
- *
JURISDICTION , *COURTS , *ACTIONS & defenses (Law) , *ORGANIZATION , *PRIVILEGES & immunities (Law) - Abstract
The article informs that a well recognized general proposition that upon request sovereign States are granted immunity from the jurisdiction of foreign courts. Under this doctrine States claim, and expect to receive, immunity regardless of the nature of the dispute in which an attempt is made to name them party defendant. This paper will consider the applicability of this doctrine to state trading organizations and state commercial activities, with particular reference to the Soviet Union. Immunity from jurisdiction means that, upon a proper motion, a court of one sovereign State will declare itself incompetent to pass upon the merits of certain causes of action brought against a foreign sovereign, its representatives, or its property
- Published
- 1950
- Full Text
- View/download PDF
50. I. LEADING LEGAL ARTICLES.
- Subjects
- *
AMERICAN law , *ACTIONS & defenses (Law) , *BANKING industry , *BANK deposits , *ESTATES (Law) , *REAL property - Abstract
Reports on the publication of leading legal articles. Case involving the nature of a bank's interest in paper deposited for discount or collection; Case involving the preference given to the legal estate over the equitable.
- Published
- 1908
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