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Flawed Precedent
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Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters
Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Book Synopsis Settled Versus Right by : Randy J. Kozel
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves
Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
Book Synopsis Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States by : United States. Congress. Senate. Committee on the Judiciary
Download or read book Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1989 with total page 1558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book SCOTUS 2018 written by David Klein and published by Springer. This book was released on 2019-03-20 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This inaugural volume in Palgrave’s new SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending in 2018, covering issues such as gay rights, religious liberty, public sector unions, coerced speech, digital privacy, voting rights, and the Trump travel ban. Bringing together notable scholars of the Court in one volume, the chapters in Scotus 2018 present the details of each ruling in its specific case, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2018 offers a big-picture look at Justice Neil Gorsuch’s first full term in office, the legal and political legacy of former Justice Anthony Kennedy, and the controversial nomination and confirmation of Justice Brett Kavanaugh.
Book Synopsis The Antitrust Paradigm by : Jonathan B. Baker
Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Book Synopsis The Evil Supreme Court by : Walter Picca
Download or read book The Evil Supreme Court written by Walter Picca and published by iUniverse. This book was released on 2005-08 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS 1. The dissenting opinion 2. Ten major strikes 3. Read all about it! 4. Timeline 5. Seven types of US obstruction of justice 6. Breaking news 7. Judge-would you look at fifty flaws in the Andersen ruling. 8. Let's review the evidence again. 9. There are at least four corrupt persuaders 10. Conclusion 11. My last Judgment 12. Parents should decide
Book Synopsis The Stacked Deck and the Myth of Sovereignty by : Louis A Coutts
Download or read book The Stacked Deck and the Myth of Sovereignty written by Louis A Coutts and published by Balboa Press. This book was released on 2023-05-31 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: How could the simple planting of a flag by a sailor mysteriously transfer total control over the destinies of the original inhabitants of Australia to a distant king of whom they had never heard? The sad answer to this question involves a series of illegal and corrupt decisions by the highest courts in England and Australia over more than 200 years. These decisions have served to deny the sovereignty of First Nations people. But these same decisions do not withstand rigorous legal scrutiny. From the mis-application of the doctrine of Terra Nullius to the dependence on flawed and discredited precedent in calling on the doctrine of Act of State, the illegality of the dispossession of Australia’s indigenous people is laid bare. This legal deconstruction of the major cases reveals the extreme fragility of the arguments denying Indigenous sovereignty. In fact, it shows that the very arguments used to deny this sovereignty, actually demand its recognition. The Australian High Court has tied itself in knots to avoid facing the reality of Indigenous sovereignty. These knots are a legal fiction whose undoing illustrates the advantages of joint sovereignty as a just way forward for all Australian people.
Book Synopsis Financial Modeling and Valuation by : Paul Pignataro
Download or read book Financial Modeling and Valuation written by Paul Pignataro and published by John Wiley & Sons. This book was released on 2022-03-29 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully revised new edition of the best-selling guide to using financial models to determine if a stock is over or undervalued Written by the founder and CEO of the world-renowned New York School of Finance, Financial Modeling and Valuation provides clear and systematic guidance on accurately evaluating the soundness of a stock investment. This invaluable handbook equips investors with the tools necessary for understanding the underlying fundamentals of a rational investment and for making smarter investment decisions in any market environment. Built around an in-depth case study of global retail leader Amazon, this fully updated Second Edition shows you how to analyze the financial standing of a company using the methods of Wall Street professionals. Step-by-step, you will learn to build the core three statements—income statement, cash flow statement, and balance sheet—as well as the three major supporting schedules required for complete company valuation and analysis. All line items are explained in clear language and include real-world tips and techniques for using them as tools for valuing and managing a business. This must-have guide: Features new and in-depth case studies based on Amazon that simulate real-world modelling and valuation Explains valuation techniques such as illustrative comparable company analysis, precedent transactions analysis, and discounted cash flow analysis Covers all essential applications of a model, including pricing a stock, raising debt, and raising equity Includes an introductory section describing the recent and dramatic shift of the entire retail industry Provides end-of-chapter questions, downloadable practice models, additional case studies, and common interview questions via a companion website Financial Modeling and Valuation: A Practical Guide to Investment Banking and Private Equity, Second Edition is essential reading for finance professionals, venture capitalists, individual investors, and students in investment banking and related degree programs in finance.
Book Synopsis The Technical Interview Guide to Investment Banking by : Paul Pignataro
Download or read book The Technical Interview Guide to Investment Banking written by Paul Pignataro and published by John Wiley & Sons. This book was released on 2017-01-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Win the recruiting race with the ultimate analyst's guide to the interview The Complete, Technical Interview Guide to Investment Banking is the aspiring investment banker's guide to acing the interview and beginning your journey to the top. By merging a 'study guide' to the field with a forecast of the interview, this book helps you prepare for both content and structure; you'll brush up on important topics while getting a preview of the questions your interviewers are likely to ask. Covering financial statements, valuation, mergers and acquisitions, and leveraged buyouts, the discussion provides the answers to common technical questions while refreshing your understanding of the core technical analyses behind core models and analyses. Each chapter includes a list of the questions you will almost certainly be asked—along with the answers that interviewers want to hear—from the basic Q&A to the advanced technical analyses and case studies. This guide will reinforce your knowledge and give you the confidence to handle anything they can throw at you. You will receive an expert synopsis of the major points you need to know, to ensure your understanding and ability to handle the multitude of questions in each area. Double-check your conceptual grasp of core finance topics Plan your responses to common technical and analysis questions Understand how to analyze and solve technical analyses and cases Gain insight into what interviewers want to hear from potential hires Become the candidate they can't turn away You've positioned yourself as a competitive candidate, and the right job right now can chart your entire career's trajectory. Now you just have to win the recruiting race. The Complete, Technical Interview Guide to Investment Banking is the ultimate preparation guide to getting the job you want.
Book Synopsis Reservations in India by : Mulchand Savajibhai Rana
Download or read book Reservations in India written by Mulchand Savajibhai Rana and published by Concept Publishing Company. This book was released on 2008 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Water Tossing Boulders by : Adrienne Berard
Download or read book Water Tossing Boulders written by Adrienne Berard and published by Beacon Press. This book was released on 2016-10-18 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation before Brown v. Board of Education struck down America’s “separate but equal” doctrine, one Chinese family and an eccentric Mississippi lawyer fought for desegregation in one of the greatest legal battles never told On September 15, 1924, Martha Lum and her older sister Berda were barred from attending middle school in Rosedale, Mississippi. The girls were Chinese American and considered by the school to be “colored”; the school was for whites. This event would lead to the first US Supreme Court case to challenge the constitutionality of racial segregation in Southern public schools, an astonishing thirty years before the landmark Brown v. Board of Education decision. Unearthing one of the greatest stories never told, journalist Adrienne Berard recounts how three unlikely heroes sought to shape a new South. A poor immigrant from southern China, Jeu Gong Lum came to America with the hope of a better future for his family. Unassuming yet boldly determined, his daughter Martha would inhabit that future and become the face of the fight to integrate schools. Earl Brewer, their lawyer and staunch ally, was once a millionaire and governor of Mississippi. When he took the family’s case, Brewer was both bankrupt and a political pariah—a man with nothing left to lose. By confronting the “separate but equal” doctrine, the Lum family fought for the right to educate Chinese Americans in the white schools of the Jim Crow South. Using their groundbreaking lawsuit as a compass, Berard depicts the complicated condition of racial otherness in rural Southern society. In a sweeping narrative that is both epic and intimate, Water Tossing Boulders evokes a time and place previously defined by black and white, a time and place that, until now, has never been viewed through the eyes of a forgotten third race. In vivid prose, the Mississippi Delta, an empire of cotton and a bastion of slavery, is reimagined to reveal the experiences of a lost immigrant community. Through extensive research in historical documents and family correspondence, Berard illuminates a vital, forgotten chapter of America’s past and uncovers the powerful journey of an oppressed people in their struggle for equality.
Book Synopsis Courts and the Culture Wars by : Bradley C. S. Watson
Download or read book Courts and the Culture Wars written by Bradley C. S. Watson and published by Lexington Books. This book was released on 2002 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brings together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in moral, religious, and cultural realms - including school prayer, abortion, homosexual rights, expressive speech - and the threat the judiciary poses to the very legitimacy of the American republic regime.
Download or read book The Grasping Hand written by Ilya Somin and published by University of Chicago Press. This book was released on 2015-05-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
Book Synopsis Reassessing the Nuremberg Military Tribunals by : Kim Christian Priemel
Download or read book Reassessing the Nuremberg Military Tribunals written by Kim Christian Priemel and published by Berghahn Books. This book was released on 2012 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades the history of the US Military Tribunals at Nuremberg (NMT) has been eclipsed by the first Nuremberg trial-the International Military Tribunal or IMT. The dominant interpretation-neatly summarized in the ubiquitous formula of "Subsequent Trials"-ignores the unique historical and legal character of the NMT trials, which differed significantly from that of their predecessor. The NMT trials marked a decisive shift both in terms of analysis of the Third Reich and conceptualization of international criminal law. This volume is the first comprehensive examination of the NMT and brings together diverse perspectives from the fields of law, history, and political science, exploring the genesis, impact, and legacy of the twelve Military Tribunals held at Nuremberg between 1946 and 1949. Kim C. Priemel is Assistant Professor of History at Humboldt University Berlin, Germany. Alexa Stiller is Research Associate at the Department of Modern History and Contemporary History, University of Berne, Switzerland.
