Power and Precedent

The Role of Law in the United States

Author: Jan G. Deutsch

Publisher: Vandeplas Pub

ISBN: 9781600420146

Category: Law

Page: 145

View: 1903

This book defines law as applied politics and examines United States politics, a government created by Founders who did not believe political parties to be necessary. The book is a course whose lectures set out a jurisprudence applicable to civil and scientific as well as common law. The thesis of the course is that an understanding of the role of precedent in the common law explains both the human condition and what has happened to United States law since the decision in Brown v. Board of Education. The use of questions and dialog within the course involves the reader in the development of a jurisprudence grounded in a philosophy of law. About the Author: Jan Ginter Deutsch is the Walton Hale Hamilton Professor Emeritus of Law and Professorial Lecturer in Law at Yale Law School. His subjects are corporations and securities regulations. His books include The Law of Corporations: What Corporate Lawyers Do (with J. Bianco) and Selling the People's Cadillac: The Edsel and Corporate Responsibility. Professor Deutsch was educated at Yale (B.A., LL.B., and Ph.D. in Political Science) with an M.A. from Cambridge.

Law and the Web of Society

Author: Cynthia L. Cates,Wayne V. McIntosh

Publisher: Georgetown University Press

ISBN: 9781589013575

Category: Political Science

Page: 272

View: 5387

From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life. They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites. Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.

State, Power and Politics in the Making of the Modern Middle East

Author: Roger Owen

Publisher: Routledge

ISBN: 1134432917

Category: Political Science

Page: 296

View: 7053

Roger Owen has fully revised and updated his authoritative text to take into account the latest developments in the Middle East. This book continues to serve as an excellent introduction for newcomers to the modern history and politics of this fascinating region. This third edition continues to explore the emergence of individual Middle Eastern states since the fall of the Ottoman Empire at the end of the First World War and the key themes that have characterized the region since then.

The Australian Trade Practices Act 1974

Proscriptions and Prescriptions for a More Competitive Economy

Author: D.K. Round

Publisher: Springer Science & Business Media

ISBN: 9401583242

Category: Business & Economics

Page: 238

View: 4728

This book presents a collection of papers which evaluate the achievements of the Australian Trade Practices Act 1974 in making Australian markets more competitive. The contributors have all played major roles in Australian and New Zealand antitrust actions, either as expert economic witnesses, as antitrust enforcers, as judges or as quasi-judicial administrators. No other publication presents such in-depth economic analysis of the Act and the cases decided under it in its first two decades of its operation. As well as an introductory paper, this collection includes a foreword by the Hon. George Gear, Assistant Treasurer of the Australian Government and Minister responsible for the administration of the Act, plus two broad analytical overviews of the last two decades of Australian antitrust actions by two economists who have continually been at the heart of antitrust proceedings. In addition, papers are provided which give a judicial view of the Act and economic analysis, which compare the Act with its New Zealand counterpart. Other contributions look in detail at those sections of the Act which cover mergers, misuse of market power, price-fixing and vertical practices. The book shows that the Act has had a major impact on Australian market behavior. Judges, lawyers and economists between them have produced a truly Australian approach to antitrust, which has reflected overseas trends in both law and economics, as well as developed a unique Australian flavor. The book will be of interest to academic and practicing lawyers and economists, judges and corporate executives. It will be essential reading for Australian students in undergraduate courses in antitrust law, business regulation, antitrust economics and industrial organization. It provides by far the most comprehensive economic evaluation of Australian antitrust yet published and so will be the definitive source of information on this topic for non-Australians interested in comparative antitrust legislation and enforcement issues.

The Role of Federal Military Forces in Domestic Disorders, 1789-1878

Author: Robert W. Coakley

Publisher: DIANE Publishing

ISBN: 9780788128189

Category:

Page: 372

View: 8942

Describes the essential elements of the incidents from the Whiskey Rebellion in 1794 to the Reconstruction that followed the Civil War and the ways in which federal military force was applied in each case. Includes: the Fries Rebellion, the Burr Conspiracy, Slave Rebellions, the Nullification Crisis, the Chesapeake and Ohio Canal Riots, the 3Buckshot War2, the Patriot War, the Dorr Rebellion, the Army as Posse Comitatus, San Francisco Vigilantes, the Utah Expedition, the Civil War, etc. Extensive bibliography. Index. Full-color and b&w photos and maps.

Des institutions pour les marchés. Rapport 2002

Author: N.A

Publisher: World Bank Publications

ISBN: 0195216067

Category: Political Science

Page: 249

View: 9662

The World Development Report, now in its 24th edition, is the standard reference work for international economic data. It contains an appendix of social and economic statistics for more than 200 countries. World Development Report 2001--Institutions for Markets--focuses on the performance of transition countries in their progress toward market economies. This edition is centered around the issues related to market reform and how reforms can improve and sustain living standards. It answers such questions as: How can institutions better support markets? and What are the institutions which make markets effective in delivering inclusive growth?

Financing Economic Development in the 21st Century

Author: Sammis B. White,Richard D. Bingham,Edward W. Hill

Publisher: M.E. Sharpe

ISBN: 9780765608307

Category: Business & Economics

Page: 366

View: 6696

Selected Contents: Part 1. Introduction1. Local Economic Development and Its Finance: An Introduction, Stephen Malpezzi2. What Public Finance Do State Constitutions Allow? Ferdinand P. SchoettlePart 2. The Developer Pays3. Tax Incremental Financing in Theory and Practice; Rachel Weber4. Adding a Stick to the Carrot: Location Incentives with Clawbacks, Larry Ledebur and Douglas Woodward5. Development Exactions, Michael T. Peddle and Roger K. DahlstromPart 3. Public Financing6. Enterprise Zone Incentives: How Effective Are They? Alan Peters and Peter Fisher7. The Efficacy of Local Economic Development Incentives, Rod Hissong8. Incentives and Economic Development: The Case of BMW in South Carolina, Donald Schunk and Douglas Woodward9. Revolving Loan Funds, Kelly Robinson10. Financing Neighborhood Businesses: Collaborative Strategies, Beverly McLean and James BatesPart 4. Special Situations11. Urban Tourism and Financing Professional Sports Facilities, Ziona Austrian and Mark S. Rosentraub12. Financing Redevelopment of Brownfields, Peter B. Meyer and Kristen R. Yount13. Financing Public Investment in Retail Development, William M. Bowen, Kimberly Winson, and Robert Simons14. Rural Economic Development, John MagillPart 5. Private Finance15. Use of Bank Credit to Finance Small Businesses, Timothy Bates16. Business Angels, Adam Bock17. Venture Capital, David E. Arnstein

Litigating Morality

American Legal Thought and Its English Roots

Author: Wayne C. Bartee,Alice Fleetwood Bartee

Publisher: Greenwood Publishing Group

ISBN: 9780275941277

Category: Law

Page: 149

View: 8194

This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a "critical variable" approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys. Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights ("Rights of Englishmen") in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

Communications in EU Law : Antitrust Market Power and Public Interest

Author: Antonio Bavasso

Publisher: Kluwer Law International B.V.

ISBN: 9041119744

Category: Business & Economics

Page: 436

View: 1668

Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy. The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union. This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law. It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies. Finally it analyses the sector from the perspective of the 'European' public interest and the changed nature of communications as a public service.

Law and Society in England

Author: Bob Roshier,Harvey Teff

Publisher: Routledge

ISBN: 1136424245

Category: Social Science

Page: 280

View: 6974

Tavistock Press was established as a co-operative venture between the Tavistock Institute and Routledge & Kegan Paul (RKP) in the 1950s to produce a series of major contributions across the social sciences. This volume is part of a 2001 reissue of a selection of those important works which have since gone out of print, or are difficult to locate. Published by Routledge, 112 volumes in total are being brought together under the name The International Behavioural and Social Sciences Library: Classics from the Tavistock Press. Reproduced here in facsimile, this volume was originally published in 1980 and is available individually. The collection is also available in a number of themed mini-sets of between 5 and 13 volumes, or as a complete collection.

Issues in Law Research: 2011 Edition

Author: N.A

Publisher: ScholarlyEditions

ISBN: 1464966842

Category: Political Science

Page: 366

View: 3131

Issues in Law Research / 2011 Edition is a ScholarlyEditions™ eBook that delivers timely, authoritative, and comprehensive information about Law Research. The editors have built Issues in Law Research: 2011 Edition on the vast information databases of ScholarlyNews.™ You can expect the information about Law Research in this eBook to be deeper than what you can access anywhere else, as well as consistently reliable, authoritative, informed, and relevant. The content of Issues in Law Research / 2011 Edition has been produced by the world’s leading scientists, engineers, analysts, research institutions, and companies. All of the content is from peer-reviewed sources, and all of it is written, assembled, and edited by the editors at ScholarlyEditions™ and available exclusively from us. You now have a source you can cite with authority, confidence, and credibility. More information is available at http://www.ScholarlyEditions.com/.

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 8255

The Founders, the Constitution, and Public Administration

A Conflict in World Views

Author: Michael W. Spicer

Publisher: Georgetown University Press

ISBN: 9781589018723

Category: Political Science

Page: 128

View: 5258

Viewed alternately as an obstacle to justice, an impediment to efficient government, and a tool by which some groups gain benefits and privileges at the expense of others, public administration threatens to become the whipping boy of American government. In this innovative look at the nation's bureaucracy, Michael W. Spicer revisits the values of the Constitution in order to reconcile the administrative state to its many critics. Drawing on political and social philosophy, Spicer argues that there is a fundamental philosophical conflict over the role of reason in society between writers in public administration and the designers of the American Constitution. This examination of worldviews illuminates the problem that American government faces in trying to ground a legitimate public administration in the Constitution. Defending and developing the Founders' idea that political power, whatever its source, must be checked, he critically examines existing ideas about the role of public administration in American governance and offers an alternative vision of public administration more in line with the Founders' constitutional design. This book will provide fresh insights for anyone interested in the role of public administration in the United States today.

The Public Trust Doctrine and the Management of America's Coasts

Author: Jack H. Archer,Donald L. Conners,Kenneth Laurence,Robert Bowen

Publisher: Univ of Massachusetts Press

ISBN: 9780870238987

Category: Law

Page: 194

View: 6387

Public trust is the notion that the state is obliged to manage certain properties and associated rights under its control in the public interest. This volume outlines rationales and methods for applying the doctrine of public trust to contemporary environmental management of coastal areas.

The Supreme Court of Nova Scotia, 1754-2004

From Imperial Bastion to Provincial Oracle

Author: Osgoode Society for Canadian Legal History

Publisher: University of Toronto Press

ISBN: 9780802080219

Category: History

Page: 515

View: 3537

Editors Philip Girard, Jim Phillips, and Barry Cahill have put together the first complete history of any Canadian provincial superior court. All of the essays are original, and many offer new interpretations of familiar themes in Canadian legal history.

American Constitutional Law, Volume I: Sources of Power and Restraint

Author: Otis Stephens, Jr.,John Scheb, II

Publisher: Cengage Learning

ISBN: 0495097047

Category: Political Science

Page: 432

View: 5684

AMERICAN CONSTITUTIONAL LAW, Volumes I and II, combines cases, decisions, and authorial commentary to maximize your learning and understanding in this course. These comprehensive volumes cover the entire range of topics in constitutional law. Each of the chapters includes an extended essay providing the legal, historical, political, and cultural contexts for the set of edited decisions from the United States Supreme Court case that follows. In selecting, editing, and updating the materials, the authors emphasize recent trends in major areas of constitutional interpretation. At the same time, the authors include many landmark decisions, some of which retain importance as precedents while others illustrate the transient nature of constitutional interpretation. Because the book provides a good balance of decisions and authorial commentary, this text appeals to instructors of law as well as instructors of political science. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.