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Dun Bradstreet Inc V Greenmoss Builders Inc 1985 Devine V Naacp Legal Defense And Education Fund Inc 1985
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Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1975 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Congressional Quarterly Weekly Report by :
Download or read book Congressional Quarterly Weekly Report written by and published by . This book was released on with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CQ Log for Editors written by and published by . This book was released on 1985-11 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Death of the Irreparable Injury Rule by : Douglas Laycock
Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by Oxford University Press, USA. This book was released on 1991 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story
Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Censored written by Paul B. Coleman and published by . This book was released on 2012 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The System of Freedom of Expression by : Thomas Irwin Emerson
Download or read book The System of Freedom of Expression written by Thomas Irwin Emerson and published by Random House Trade. This book was released on 1970 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Libel and Privacy by : Bruce W. Sanford
Download or read book Libel and Privacy written by Bruce W. Sanford and published by Aspen Publishers. This book was released on 1999-09-01 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libel and Privacy by Brace W. Sanford, one of the nation's leading First Amendment lawyers, provides media counsel with up-to-date information on handling libel cases and related issues. The handbook explains how the U.S. Supreme Court is now approaching constitutioual libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process -- In-depth treatment of public person -- Valuable settlement and pretrial tactics -- Winning trial tactics and cost minimization techniques -- Analysis of recent cases and new developments including those in the emerging cyber-like area -- Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won -- An illustration of the legal and factual criteria gaverning the measurement of damages in libel actions -- And more.
Book Synopsis Constitutional Ethos by : Alexander Tsesis
Download or read book Constitutional Ethos written by Alexander Tsesis and published by Oxford University Press. This book was released on 2017-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
Book Synopsis Of the Liberty of the Press by : David Hume
Download or read book Of the Liberty of the Press written by David Hume and published by Library of Alexandria. This book was released on 2020-09-28 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nothing is more apt to surprise a foreigner, than the extreme liberty which we enjoy in this country of communicating whatever we please to the public and of openly censuring every measure entered into by the king or his ministers. If the administration resolve upon war, it is affirmed, that, either wilfully or ignorantly, they mistake the interests of the nation; and that peace, in the present situation of affairs, is infinitely preferable. If the passion of the ministers lie towards peace, our political writers breathe nothing but war and devastation, and represent the specific conduct of the government as mean and pusillanimous. As this liberty is not indulged in any other government, either republican or monarchical; in Holland and Venice, more than in France or Spain; it may very naturally give occasion to the question, How it happens that Great Britain alone enjoys this peculiar privilege?
Book Synopsis Libel, Slander, and Related Problems by : Robert D. Sack
Download or read book Libel, Slander, and Related Problems written by Robert D. Sack and published by . This book was released on 1994 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 by : William M. Wiecek
Download or read book The Sources of Anti-Slavery Constitutionalism in America, 1760-1848 written by William M. Wiecek and published by Cornell University Press. This book was released on 2018-03-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "The Sources of Anti-Slavery Constitutionalism in America, 1760-1848".
Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis First Amendment Institutions by : Paul Horwitz
Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Book Synopsis Only Words by : Catharine A. MacKinnon
Download or read book Only Words written by Catharine A. MacKinnon and published by Harvard University Press. This book was released on 1993 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: MacKinnon contends that pornography, racial and sexual harassment, and racial hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such.
Book Synopsis Oberman V. Dun & Bradstreet, Inc by :
Download or read book Oberman V. Dun & Bradstreet, Inc written by and published by . This book was released on 1970 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Power, Publicity, and the Abuse of Libel Law by : Donald M. Gillmor
Download or read book Power, Publicity, and the Abuse of Libel Law written by Donald M. Gillmor and published by Oxford University Press, USA. This book was released on 1992 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: America prides itself on its freedom of expression, and it has a reputation for tightly restricted libel law. Indeed, a study of more than 600 media-related suits in the 1980s found that ninety percent were won by the media or thrown out of court before even going to trial. Even a case ending in summary judgment can cost the victorious defendant $25,000 or more, and the bill for a full trial can easily pass $100,000. The volume of libel suits has not diminished and many defendants settle out of court simply to avoid crippling costs. Clearly, writes Donald Gillmor, we are suffering a major crisis in libel law. In Power, Publicity, and the Abuse of Libel Law, Gillmor takes a revealing look at the state of libel law and offers a compelling agenda for change. He begins with a disturbing review of the abuses of libel in our times, examining both famous and little known cases. Wayne Newton, for example, won an initial $22.7 million jury award against NBC for an unflattering story--even though he went on to get a Nevada casino license, a $19 million loan, the Presidential Medal of Freedom, and was made grand marshal of an Independence Day parade in Washington, DC. "It was not clear," Gillmor writes, "for what NBC was being punished; the network obviously hadn't damaged Newton's reputation." Even tiny papers suffer crippling lawsuits. One 1,300-circulation publication was sued for $20 million; even though the case was dismissed, the defense cost $20,000. Such actions, Gillmor writes, dampen the fire of a free press. Lively journalism has always been an American tradition--if anything, the press was far more reckless in the days of the framers of the constitution; they often suffered its barbs even as they sought to protect it. Today it is almost impossible for the state to prosecute for seditious libel or criticism of government. But civil libel law, Gillmor shows, has taken its place in punishing verbal attacks on government officials, in spite of decisions intended to protect free speech and press (notably New York Times v. Sullivan). He proposes radical structural changes in the law to make it impossible for policymakers and celebrities to sue for libel. At the same time, he appeals to editors to ensure that those they wrong will have opportunities to respond in the media. As Justice Louis Brandeis wrote long ago, the remedy to wrongs in the press "is more speech, not enforced silence." "Libel laws have become complicated almost beyond human comprehension," Gillmor writes. "The result is a profusion of libel suits, in which the only clear winners generally are libel lawyers." This provocative and revealing book illuminates a path out of the confusion and toward a safer environment for our cherished birthright, freedom of speech and press.
