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Download or read book OGDEN v. SAUNDERS, 25 U.S. 213 (1827) written by and published by . This book was released on 1827 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: File No. 1036
Author : Philip B. Kurland
Publisher :
ISBN 13 :
Total Pages : 794 pages
Book Rating : 4.:/5 (618 download)
Download or read book Ogden V. Saunders (1827), Brown V. Maryland (1827), American Insurance Co. V. Canter (1828) ... written by Philip B. Kurland and published by . This book was released on 1978 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 794 pages
Book Rating : 4.:/5 (543 download)
Download or read book Ogden V. Saunders (1827) written by United States. Supreme Court and published by . This book was released on 1978 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James W. Ely, Jr.
Publisher : University Press of Kansas
ISBN 13 : 0700623078
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Contract Clause written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2016-10-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.
Author : Jonathan M. Bryant
Publisher : W. W. Norton & Company
ISBN 13 : 163149077X
Total Pages : 472 pages
Book Rating : 4.6/5 (314 download)
Download or read book Dark Places of the Earth: The Voyage of the Slave Ship Antelope written by Jonathan M. Bryant and published by W. W. Norton & Company. This book was released on 2015-07-13 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Los Angeles Times Book Prize Finalist in History A dramatic work of historical detection illuminating one of the most significant—and long forgotten—Supreme Court cases in American history. In 1820, a suspicious vessel was spotted lingering off the coast of northern Florida, the Spanish slave ship Antelope. Since the United States had outlawed its own participation in the international slave trade more than a decade before, the ship's almost 300 African captives were considered illegal cargo under American laws. But with slavery still a critical part of the American economy, it would eventually fall to the Supreme Court to determine whether or not they were slaves at all, and if so, what should be done with them. Bryant describes the captives' harrowing voyage through waters rife with pirates and governed by an array of international treaties. By the time the Antelope arrived in Savannah, Georgia, the puzzle of how to determine the captives' fates was inextricably knotted. Set against the backdrop of a city in the grip of both the financial panic of 1819 and the lingering effects of an outbreak of yellow fever, Dark Places of the Earth vividly recounts the eight-year legal conflict that followed, during which time the Antelope's human cargo were mercilessly put to work on the plantations of Georgia, even as their freedom remained in limbo. When at long last the Supreme Court heard the case, Francis Scott Key, the legendary Georgetown lawyer and author of "The Star Spangled Banner," represented the Antelope captives in an epic courtroom battle that identified the moral and legal implications of slavery for a generation. Four of the six justices who heard the case, including Chief Justice John Marshall, owned slaves. Despite this, Key insisted that "by the law of nature all men are free," and that the captives should by natural law be given their freedom. This argument was rejected. The court failed Key, the captives, and decades of American history, siding with the rights of property over liberty and setting the course of American jurisprudence on these issues for the next thirty-five years. The institution of slavery was given new legal cover, and another brick was laid on the road to the Civil War. The stakes of the Antelope case hinged on nothing less than the central American conflict of the nineteenth century. Both disquieting and enlightening, Dark Places of the Earth restores the Antelope to its rightful place as one of the most tragic, influential, and unjustly forgotten episodes in American legal history.
Author : Christopher Wolfe
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461645468
Total Pages : 463 pages
Book Rating : 4.4/5 (616 download)
Download or read book The Rise of Modern Judicial Review written by Christopher Wolfe and published by Rowman & Littlefield Publishers. This book was released on 1994-03-29 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.F/5 ( download)
Download or read book Municipal Reorganization written by United States and published by . This book was released on 1933 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Patrick J. Charles
Publisher : McFarland
ISBN 13 : 1476615152
Total Pages : 272 pages
Book Rating : 4.4/5 (766 download)
Download or read book Historicism, Originalism and the Constitution written by Patrick J. Charles and published by McFarland. This book was released on 2014-04-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 2052 pages
Book Rating : 4.:/5 (36 download)
Download or read book Hearings, Reports and Prints of the Senate Committee on the Judiciary written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1972 with total page 2052 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Scott A. Sandage
Publisher : Harvard University Press
ISBN 13 : 9780674015104
Total Pages : 396 pages
Book Rating : 4.0/5 (151 download)
Download or read book Born Losers written by Scott A. Sandage and published by Harvard University Press. This book was released on 2006-04-30 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes somebody a Loser, a person doomed to unfulfilled dreams and humiliation? Nobody is born to lose, and yet failure embodies our worst fears. The Loser is our national bogeyman, and his history over the past two hundred years reveals the dark side of success, how economic striving reshaped the self and soul of America. From colonial days to the Columbine tragedy, Scott Sandage explores how failure evolved from a business loss into a personality deficit, from a career setback to a gauge of our self-worth. From hundreds of private diaries, family letters, business records, and even early credit reports, Sandage reconstructs the dramas of real-life Willy Lomans. He unearths their confessions and denials, foolish hopes and lost faith, sticking places and changing times. Dreamers, suckers, and nobodies come to life in the major scenes of American history, like the Civil War and the approach of big business, showing how the national quest for success remade the individual ordeal of failure. Born Losers is a pioneering work of American cultural history, which connects everyday attitudes and anxieties about failure to lofty ideals of individualism and salesmanship of self. Sandage's storytelling will resonate with all of us as it brings to life forgotten men and women who wrestled with The Loser--the label and the experience--in the days when American capitalism was building a nation of winners.
Author : Krzysztof Szczucki
Publisher : Lexington Books
ISBN 13 : 1498535852
Total Pages : 319 pages
Book Rating : 4.4/5 (985 download)
Download or read book Proconstitutional Interpretation of Criminal Law written by Krzysztof Szczucki and published by Lexington Books. This book was released on 2016-12-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.
Author : Herbert Hovenkamp
Publisher : Oxford University Press, USA
ISBN 13 : 0199331308
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Opening of American Law written by Herbert Hovenkamp and published by Oxford University Press, USA. This book was released on 2015 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Author : Stephen J. Lubben
Publisher : Cambridge University Press
ISBN 13 : 1108117732
Total Pages : 195 pages
Book Rating : 4.1/5 (81 download)
Download or read book The Law of Failure written by Stephen J. Lubben and published by Cambridge University Press. This book was released on 2018-08-16 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law 'assignments', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the 'law of failure'.
Author :
Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.W/5 ( download)
Download or read book In Re Pension Reform Litigation written by and published by . This book was released on 2015 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Gary J. Jacobsohn
Publisher : Rowman & Littlefield
ISBN 13 : 9780847676071
Total Pages : 196 pages
Book Rating : 4.6/5 (76 download)
Download or read book The Supreme Court and the Decline of Constitutional Aspiration written by Gary J. Jacobsohn and published by Rowman & Littlefield. This book was released on 1986 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'An excellent commentary on and an insightful contribution to the current debate on constitutional interpretation.'-Walter F. Murphy, Princeton University
Author : Stephen E. Gottlieb
Publisher : NYU Press
ISBN 13 : 1479823147
Total Pages : 393 pages
Book Rating : 4.4/5 (798 download)
Download or read book Unfit for Democracy written by Stephen E. Gottlieb and published by NYU Press. This book was released on 2018-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent, illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy-- From back cover.
Author : David Lynch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910875
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Role of Circuit Courts in the Formation of United States Law in the Early Republic written by David Lynch and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.
