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Ogden V United States Of America
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Book Synopsis Gibbons v. Ogden, Law, and Society in the Early Republic by : Thomas H. Cox
Download or read book Gibbons v. Ogden, Law, and Society in the Early Republic written by Thomas H. Cox and published by Ohio University Press. This book was released on 2009-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Book Synopsis Harris Truck Lines, Inc. V. Cherry Meat Packers, Inc by :
Download or read book Harris Truck Lines, Inc. V. Cherry Meat Packers, Inc written by and published by . This book was released on 1961 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kentucky Law Journal written by and published by . This book was released on 1920 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Credulity written by Emily Ogden and published by University of Chicago Press. This book was released on 2018-03-30 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the 1830s to the Civil War, Americans could be found putting each other into trances for fun and profit in parlors, on stage, and in medical consulting rooms. They were performing mesmerism. Surprisingly central to literature and culture of the period, mesmerism embraced a variety of phenomena, including mind control, spirit travel, and clairvoyance. Although it had been debunked by Benjamin Franklin in late eighteenth-century France, the practice nonetheless enjoyed a decades-long resurgence in the United States. Emily Ogden here offers the first comprehensive account of those boom years. Credulity tells the fascinating story of mesmerism’s spread from the plantations of the French Antilles to the textile factory cities of 1830s New England. As it proliferated along the Eastern seaboard, this occult movement attracted attention from Ralph Waldo Emerson’s circle and ignited the nineteenth-century equivalent of flame wars in the major newspapers. But mesmerism was not simply the last gasp of magic in modern times. Far from being magicians themselves, mesmerists claimed to provide the first rational means of manipulating the credulous human tendencies that had underwritten past superstitions. Now, rather than propping up the powers of oracles and false gods, these tendencies served modern ends such as labor supervision, education, and mediated communication. Neither an atavistic throwback nor a radical alternative, mesmerism was part and parcel of the modern. Credulity offers us a new way of understanding the place of enchantment in secularizing America.
Book Synopsis Federal Preemption of State and Local Law by : James T. O'Reilly
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Book Synopsis Gibbons V. Ogden by : Herbert Alan Johnson
Download or read book Gibbons V. Ogden written by Herbert Alan Johnson and published by . This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chronicles one of the most famous and frequently-cited cases of the early Supreme Court. Shows its impact on both commerce in the Early Republic and the understanding and growth of federal power during the past 200 years.
Book Synopsis The Pursuit of Justice by : Kermit L. Hall
Download or read book The Pursuit of Justice written by Kermit L. Hall and published by Oxford University Press. This book was released on 2006-12 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews and discusses landmark cases heard by the United States Supreme court from 1803 through 2000.
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis An Introduction to Constitutional Law by : Randy E. Barnett
Download or read book An Introduction to Constitutional Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2022-11-08 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Book Synopsis Ogden V. United States of America by :
Download or read book Ogden V. United States of America written by and published by . This book was released on 1984 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Interpretation by : Sotirios A. Barber
Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by Oxford University Press. This book was released on 2007-06-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
Download or read book Shaping a Nation written by Gary L. Rose and published by . This book was released on 2010 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interprets the Supreme Court cases that have played a unique role in changing American law, politics and history. This title includes twenty-five cases that are preceded by a treatment of the historical, political and economic context during which they are decided.
Book Synopsis The Rise of Modern Judicial Review by : Christopher Wolfe
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.
Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Book Synopsis Essential Supreme Court Decisions by : John R. Vile
Download or read book Essential Supreme Court Decisions written by John R. Vile and published by Rowman & Littlefield Publishers. This book was released on 2010-12-28 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Book Synopsis Wildland Fire in Ecosystems by : David V. Sandberg
Download or read book Wildland Fire in Ecosystems written by David V. Sandberg and published by . This book was released on 2003 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This state-of-knowledge review about the effects of fire on air quality can assist land, fire, and air resource managers with fire and smoke planning, and their efforts to explain to others the science behind fire-related program policies and practices to improve air quality. Chapter topics include air quality regulations and fire; characterization of emissions from fire; the transport, dispersion, and modeling of fire emissions; atmospheric and plume chemistry; air quality impacts of fire; social consequences of air quality impacts; and recommendations for future research.
Book Synopsis Fidelity & Constraint by : Lawrence Lessig
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
