35 results
Search Results
2. STANDING OF PURCHASERS FROM NONCONSPIRATORS TO CHALLENGE PRICE-FIXING CONSPIRACY: Mid-West Paper Products Co. v. Continental Group, Inc.
- Subjects
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CONSPIRACY , *PRICE fixing -- Law & legislation - Abstract
Provides information on the U.S. court case Mid-West Paper Products Co. versus Continental Group Inc. which deals with the challenge posed by the standing of purchasers from non-conspirators on price-fixing conspiracy. Allegations against Mid-West Paper; Argument raised by the plaintiffs against the defendant's conspiracy; Conclusion that the court reached for the case.
- Published
- 1980
- Full Text
- View/download PDF
3. BOOKS RECEIVED.
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BOOKS , *AMERICAN law - Abstract
The article presents a list of book related to laws of the United States received by the journal. Some of the books included in the list are: "City and Regional Planning Papers," by Alfred Bettman; "Constitutional Law: Cases on," by Noel T. Dowling; "The Province and Function of Law," by Julius Stone; "Shares in Mutual Investment Funds," by Alec Brock Stevenson.
- Published
- 1946
4. THE INCENTIVE GAP: REASSESSING U.S. POLICIES TO SECURE NUCLEAR ARSENALS WORLDWIDE.
- Subjects
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LAW , *NUCLEAR weapons (International law) , *NUCLEAR warfare , *GOVERNMENT policy , *NUCLEAR weapons testing laws , *LEGISLATION , *POLICY sciences , *INTERNATIONAL relations - Abstract
The article focuses on reassessing the U.S. policies to secure nuclear arsenals worldwide. Accordingly, the paper considers the questions facing policymakers charged with designing a strategy to secure nuclear weapons and material worldwide from theft and use by terrorists. In tackling these questions, the paper proceeds in five parts such as the outlining of U.S. policy for preventing state behaviors that could facilitate nuclear terrorism, assessing the results of this policy, concluding that it has failed to produce adequate levels of fissile material security, exploring the reasons for this lack of progress, and the consideration of a range of potential options for creating stronger incentives for states to secure their nuclear stockpiles.
- Published
- 2008
5. A FEDERAL ADMINISTRATIVE APPROACH TO REDISTRICTING REFORM.
- Subjects
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LAW , *REFORMS , *LAW reform , *CONSTITUTIONAL courts , *LEGISLATORS , *LEGISLATION , *GOVERNMENT policy - Abstract
The article focuses on the federal administrative approach to redistricting reform in the U.S. Accordingly, the paper advocates the adoption of limited, selective federal oversight of congressional redistricting plans created by partisan legislatures, with an eye toward encouraging the use of independent redistricting commissions. Moreover, the paper also suggests the creation of a federal agency authorized to review partisan redistricting at the request of a substantial minority of a state's legislature, while providing a safe harbor for states that use independent agencies to redraw district lines.
- Published
- 2008
6. GOVERNMENT REGULATION.
- Subjects
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CLASSIFIED advertising , *PRINT advertising , *NEWSPAPER advertising - Abstract
The article reports that the U.S. Supreme Court, in Times-Picayune Publishing Co. versus United States, upheld a tying arrangement for newspaper advertising as not violative of the Sherman Act, while enunciating criteria which may make it easier to eliminate tying arrangements under the Clayton Act. The defendant, publisher of the only morning daily newspaper in New Orleans, the Times- Picayune, and one of the two evening papers, the States, adopted a unit system requiring that classified and national display advertisements be placed in both papers. The Supreme Court reversed the District Court's finding that the unit system was a tying arrangement violating Sections 1 and 2 of the Sherman Act.
- Published
- 1953
7. LEGAL TENDER.
- Author
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Thayer, James B.
- Subjects
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MONEY , *LEGAL tender , *FINANCE , *BANK notes - Abstract
Examines the clauses of the Constitution relating to money. Description of the specifications of the power which is given to the Congress of the United States in the Constitution relating to money; Analysis of the clauses of the Constitution about the emission of bills and making paper a legal tender; Explanation of the power of Congress in making a paper currency.
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- 1887
- Full Text
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8. NOTES.
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COMMON law , *CIVIL law , *DOMESTIC relations , *CONSTITUTIONAL courts , *LIBEL & slander - Abstract
The article presents abstracts of various papers related to the civil and common law. One of the paper discussed is "Death by Wrongful Act in the Civil Law," issued by the Common Law Technique and Civil Law Authorities. In Panama R. R. Co. v. Rock, the U.S. Supreme Court, reversing the judgment of the Circuit Court of Appeals for the Fifth Circuit, holds that a husband cannot maintain an action for wrongfully causing the death of his wife in the Canal Zone. This proposition, sufficiently startling of itself in the year 1924, becomes more surprising when one turns to the opinion of the majority of the court and perceive its presuppositions. Another paper discussed is "Promise to Discharge Promisee's Debt to a Third Party: Effect of a Suretyship Relation Between Promisor and Promisee Upon Promisee's Rights."
- Published
- 1925
9. CONCERNING SEARCHES AND SEIZURES.
- Author
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Fraenkel, Osmond K.
- Subjects
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CONSTITUTIONAL amendments , *SEARCHES & seizures (Law) , *CIVIL rights , *LAW enforcement , *CONSTITUTIONAL amendments (United States) - Abstract
The article presents information on various amendments to the Constitution of the U.S., and different laws related to searches and seizures of property and papers. The Fourth Amendment to the Constitution of the U.S. discusses about the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures and issue of warrants. Constitutional provisions more or less similar to this one exist in all the states, except in New York where such a limitation appears in the Civil Rights Law. It is well known that the adoption in 1791 of the first ten amendments resulted from the agitation for a Bill of Rights which attended the ratification of the Constitution.
- Published
- 1921
- Full Text
- View/download PDF
10. NOTES.
- Author
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J. L. T.
- Subjects
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ADMINISTRATIVE law , *LEGISLATIVE amendments , *TRANSPORTATION , *LEGISLATIVE bills , *MILITARY law , *CIVIL rights - Abstract
The article presents abstracts of various papers related to legislation of the U.S. One of the papers discussed is "The Constitutionality of the Pipe-Line Amendment." By an amendment to the Interstate Commerce Act adopted in 1906 all persons engaged in the transportation of oil by interstate pipelines are placed on the footing of common carriers. A recent decision of the Commerce Court holding this amendment invalid because it applies to pipelines, which have never professed to carry for the public, presents a constitutional question of considerable importance. Another paper discussed is "Martial Law." Military jurisdiction is of three kinds. The universal demand for security to person and property, which has everywhere, expressed itself in the form of constitutional guarantees against interference with individual rights.
- Published
- 1913
11. REGISTERING DISAGREEMENT: REGISTRATION IN MODERN AMERICAN TRADEMARK LAW.
- Author
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Tushnet, Rebecca
- Subjects
- *
TRADEMARK application & registration -- Law & legislation , *TRADEMARK laws , *LEGAL rights , *FEDERAL courts , *LAW & economics , *ACTIONS & defenses (Law) - Abstract
Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or similar) marks is broken. Courts too readily find too many acts to be infringing even when they’re harmless or actually useful to consumers. Trademark practitioners, meanwhile, while often quite approving of broad interpretations of trademark law, widely recognize that our trademark registration system has significant practical problems. What we haven’t done is try to unite concerns over the expansion of trademark rights with concerns over the registration system and explain their relationship to each other. Registration offers some of the most challenging puzzles in trademark law. Consider: If the mark REDSKINS for a football team is disparaging and its trademark registration therefore invalid, can trademark law nonetheless protect the team against unauthorized uses of the term? This question became more than theoretical when a district court recently upheld the invalidation of the REDSKINS registrations, a ruling now on appeal and likely headed to the Supreme Court. Or suppose the PTO determines that, in the abstract, an applied-for trademark is likely to cause confusion with another previously registered mark. I f the applicant decides to use the mark anyway, without a registration, should the PTO’s determination bind a federal court asked to determine whether the new mark, as actually used, causes confusion with that previously registered mark? The Supreme Court just decided this issue in a way that generated large-scale uncertainty about the new relationship between registration and infringement liability. These questions, and a number of others, highlight the need for renewed attention to trademark registration as such. Registration provides opportunities to limit trademark’s current structurelessness. Specifically, registration works best in a system that doesn’t aim to search out and extirpate every possible instance of confusion, instead recognizing multiple reasons that we might avoid fact-intensive confusion inquiries and either ban or allow certain market behaviors. Moreover, maintaining the registration system requires the investment of substantial government and private resources, which is currently almost irrelevant at the enforcement stage. Applicants and the PTO spend much time and effort crafting the equivalent of an exquisitely detailed origami crane; rather than considering the details, courts then ask the equivalent of “is this paper folded? and move on. Not only is this a waste of resources, but it also leads courts to misunderstand the proper scope of a registration. There are a number of changes, ranging from small tweaks to sweeping statutory reforms and the rejection of the Supreme Court’s ahistorical conclusion that registration is a matter of factual accident rather than an important distinction between types of marks, that could improve the law to the benefit of trademark owners and nonowners alike. [ABSTRACT FROM AUTHOR]
- Published
- 2017
12. OLD-SCHOOL/NEW-SCHOOL SPEECH REGULATION.
- Author
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Balkin, Jack M.
- Subjects
- *
FREEDOM of speech , *GOVERNMENT regulation -- Social aspects , *NEW York Times Co. v. Sullivan , *DAMAGES (Law) , *FREEDOM of expression -- Social aspects ,NEW York Times Co. v. United States - Abstract
The article discusses various freedom of speech regulations in America as of June 2014, focusing on the U.S. Supreme Court's rulings in the legal cases New York Times Co. v. Sullivan and New York Times Co. v. United States (Pentagon Papers) which deal with the First Amendment to the nation's Constitution and civil damages for alleged defamation. Prior restraints, democratic legitimacy, and freedom of expression rights in America are mentioned. U.S. government practices are also examined.
- Published
- 2014
13. APPOINTING STATE ATTORNEYS GENERAL: EVALUATING THE UNBUNDLED STATE EXECUTIVE.
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UNITARY executive theory (Consititutional law) , *EXECUTIVE power , *CLAUSES (Law) , *STATE government personnel , *U.S. states ,UNITED States attorneys general - Abstract
The article discusses state executive offices and appointments for state attorneys general in the U.S. as of January 2014, focusing on a push for the establishment of additional state unitary executive systems in which a single official presides over the entire executive branch. Executive nominations, legislative confirmations, and executive removal power are mentioned, along with the U.S. Constitution's Vesting Clause and the arguments set forth in the "Federalist Papers."
- Published
- 2014
14. H. L. A. HART'S LOST ESSAY: DISCRETION AND THE LEGAL PROCESS SCHOOL.
- Author
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Shaw, Geoffrey C.
- Subjects
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JUDICIAL discretion , *DECISION making in law , *RULE of law , *VISITING professors , *HISTORY of the philosophy of law , *TWENTIETH century , *HISTORY , *POLITICAL attitudes - Abstract
This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart's paper -- Discretion -- in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart's work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart's work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart's year as a visiting professor. Hart's Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. [ABSTRACT FROM AUTHOR]
- Published
- 2013
15. Clean Water Act -- Auer Deference -- Decker v. Northwest Environmental Defense Center.
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JUDICIAL deference , *WATER laws , *CITIZEN suits (Civil procedure) , *ACTIONS & defenses (Law) ,DECKER v. Northwest Environmental Defense Center (Supreme Court case) ,AUER v. Robbins (Supreme Court case) ,STATE statutes (United States) - Abstract
The article discusses the U.S. Supreme Court's (USSC's) ruling in the 2013 case Decker v. Northwest Environmental Defense Center (NEDC) which deals with the U.S. Clean Water Act (CWA) and judicial deference for an American government agency's interpretation of its own regulations in the aftermath of the USSC's judgment in the case Auer v. Robbins. According to the article, the NEDC filed a lawsuit under the CWA's citizen-suit provision against various logging and paper-product companies.
- Published
- 2013
16. IMMIGRATION LAW -- STATUTORY INTERPRETATION -- SEVENTH CIRCUIT DEFERS TO AGENCY INTERPRETATION OF EVIDENTIARY STANDARDS. -- Ali v. Mukasey, 521 F.3d 737 (7th Cir. 2008).
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LEGAL judgments , *IMMIGRATION law , *ACTIONS & defenses (Law) - Abstract
The article discusses the court case, Ibrahim Ali versus Michael B. Mukasey, in which the Seventh Circuit gave in to a statutory interpretation put forth by the Board of Immigration Appeals in the U.S. The court held that an immigration court could consider additional evidence beyond the charging papers and judgment of conviction. This decision countermanded conflicting Seventh Circuit precedents, elucidating that administrative discretion belongs to the agency rather than to the court.
- Published
- 2009
17. DEFENDING FEDERALISM: REALIZING PUBLIUS'S VISION.
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FEDERAL government , *FEDERAL legislation , *CONSTITUTIONS , *DESPOTISM ,UNITED States politics & government - Abstract
The article focuses on the vision of Publius, a collective pseudonym for the authors of the publication "Federalist Papers" namely Alexander Hamilton, James Madison, and John Jay. It discusses the way Publius defends a Constitution that focuses on the creation of power that the U.S. government lacked during the Articles of Confederation period, but taking into considerations the tyranny that it may bring. It is noted that a system containing "auxiliary precautions" against tyrannical usurpations is created. The vertical competition model and the guard dog model proposed by Publius are presented, as well as the features and implications of such models.
- Published
- 2008
18. NEVER AGAIN SHOULD A PEOPLE STARVE IN A WORLD OF PLENTY.
- Subjects
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JUSTICE , *EQUALITY , *ETHICS , *STATUES , *LEGAL professions , *LAWYERS , *FAIRNESS , *CONDUCT of life - Abstract
The article explores the two important concepts such as morality and justice inspired by the statue in Cambridge Common in the U.S. In its vivid depiction of a wealthy individual who finds himself in a position to help a poor individual, the statue raises fundamental questions of morality and obligation toward others. In its reminder of the impoverishment of some groups relative to other groups in society, the statue also draws on deep conceptions of justice and inequality between classes. Moreover, the paper investigates how morality and justice affect the choice of legal professions, arguing that legal career choices should involve good faith efforts to serve both of these noble goals.
- Published
- 2008
19. THE EXTRATERRITORIAL CONSTITUTION AND THE INTERPRETIVE RELEVANCE OF INTERNATIONAL LAW.
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LAW , *CONSTITUTIONS , *INTERNATIONAL law , *CONSTITUTIONAL law , *POLITICAL science , *CONSTITUTIONAL conventions , *HUMANITARIAN law , *NATURAL law - Abstract
The article discusses the extraterritorial constitution and the interpretive relevance of international law in the U.S. Accordingly, the paper proceeds in three parts. The first part discusses the state of the law following United States versus Verdugo-Urquidez and the contemporary significance of the question of extraterritorial application of the Constitution. The second part situates the impracticable and anomalous standard in historical context, drawing on the nineteenth-century use of international law to identify powers inherent in sovereignty. The third part argues that in the context of the war on terrorism, it is sensible to look to international humanitarian law to guide the inquiry into when certain rights apply extraterritorially.
- Published
- 2008
20. TOWARD A TWENTY-FIRST-CENTURY JACOBSON V. MASSACHUSETTS.
- Subjects
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LAW , *VACCINES , *PREVENTIVE medicine , *IMMUNIZATION , *VACCINATION , *LEGISLATION , *GOVERNMENT policy , *HEALTH , *VACCINATION policies - Abstract
The article focuses on the issues of vaccine law in the U.S. Accordingly, the paper suggests that vaccine law should be distinguished between two kinds of necessity such as the medical necessity and practical necessity. Those vaccines classified as medically necessary would be those that are the only known viable defenses against diseases taking hold in a community. However, practically necessary vaccines are those to which there are alternatives, but which alternatives are, in practice, not used by a significant number of people.
- Published
- 2008
21. HARMONIZING COPYRIGHT'S INTERNATIONALIZATION WITH DOMESTIC CONSTITUTIONAL CONSTRAINTS.
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COPYRIGHT , *GLOBALIZATION , *INTELLECTUAL property , *INTANGIBLE property , *LEGISLATION , *LEGISLATIVE power , *GOVERNMENT policy , *COMMERCIAL law - Abstract
The article discusses the internationalization of copyright in the U.S. Accordingly, the paper proceeds in three parts. The first part is the discussion of the details of the internationalization of copyright which provides examples of domestic legislation passed in response to international obligations and standards, and canvasses cases that have taken stock of this new globalized copyright. The second part turns to the handful of scholars who have responded to the new international side of copyright. The third part introduces a new method of judicial review that seeks to bridge the gaps and to respond to what may be the greatest danger of not substantively reviewing domestic law purporting to comply with international obligations.
- Published
- 2008
22. THE MINISTERIAL EXCEPTION TO TITLE VII: THE CASE FOR A DEFERENTIAL PRIMARY DUTIES TEST.
- Subjects
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LAW , *RELIGION & law , *LABOR laws , *RELIGION & justice , *JUDICIAL review , *CONSTITUTIONAL law , *DELEGATION of powers , *RULE of law - Abstract
The article discusses the ministerial exemption for religious employers in the U.S. Accordingly, the paper proceeds in five parts. The first part describes the history of the ministerial exception. The second part provides details of the constitutional bases for the exception under both Religion Clauses, and argues that the expressive association right further justifies the ministerial exception even though the case law has not yet recognized this rationale. The third part evaluates the primary duties test used to trigger the ministerial exception. The fourth part encourages adoption of a deferential primary duties test to cure these constitutional defects. The last part responds to potential criticisms of a deferential primary duties test.
- Published
- 2008
23. THE RIGHTS OF CRIMINAL DEFENDANTS AND THE SUBPOENA DUCES TECUM: THE AFTERMATH OF FISHER V. UNITED STATES.
- Subjects
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SUBPOENA , *CIVIL rights , *LEGAL judgments - Abstract
Analyzes the application of the U.S. Supreme Court ruling on the case Fisher v. United States for cases concerning the use of subpoena duces tecum and the rights of criminal defendants in the U.S. Background on the ruling of the U.S. Supreme Court; Discussion on the concept of implicit authentication; Examination of the first amendment protection for personal paper.
- Published
- 1982
- Full Text
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24. CONSTITUTIONAL LAW.
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CONSTITUTIONAL law , *SUBSIDIES laws , *AMERICAN business enterprises - Abstract
Focuses on the Constitutional Law in the United States. State Subsidies Favoring Local Business; Term of the U.S. Supreme Court on Death Penalty; Fifth Amendment Protection of Private Papers.
- Published
- 1976
25. RECENT CASES.
- Subjects
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ACTIONS & defenses (Law) , *CIVIL penalties , *CHURCH property , *INTERSTATE commerce - Abstract
Presents several cases in the U.S. United States v. St. Regis Paper Co. on civil penalties for violation of Federal Trade Commission order; Serbian Eastern Orthodox Diocese for the U.S. and Canada v. Ocokoljick on chruch property disputes; Garden State Dairies Inc. v. Sills on commerce clause.
- Published
- 1967
26. THOMAS REED POWELL.
- Author
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Freund, Paul A.
- Subjects
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LAW teachers , *LEGAL education , *LEGAL professions ,BIOGRAPHIES - Abstract
The article presents a memoir of U.S. legal scholar Thomas Reed Powell. The article author states that although Powell founded no school and espoused no doctrinal creed, his teaching and writing were distinctive, unmistakable, and inimitable. His published papers, numbering close to two hundred essays, are marked by that relentless analysis of judicial rhetoric, that irreverent uncloaking of disreputable logic, that playfulness in the service of intellectual morality, which made him a fearsome delight to students and friends. If one were to revert after all to the language of science and identify a phenomenon with his name, it would have to be called the Powell Effect.
- Published
- 1956
27. LEGAL RESTRICTION OF COMPETITION IN THE REGULATED INDUSTRIES: AN ABDICATION OF JUDICIAL RESPONSIBILITY.
- Author
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Schwartz, Louis B.
- Subjects
- *
ECONOMIC policy , *COST effectiveness , *COMMERCIAL law , *ECONOMIC competition , *TRADE regulation - Abstract
The article informs that the American political tradition and the antitrust laws make competitive free enterprise both a norm in practice and an ideal of national policy. Those who favor this policy do so on various grounds. They believe that rivalry among competing sellers will lead to improvement of product and reduced prices. The downward pressure on selling prices will also compel a striving for increased efficiency and reduced costs. It is the purpose of this paper to review the work of these administrative agencies and the courts in formulating national economic policy in this area. The central and recurrent problem will be the relative weight to be accorded to the policy of maintaining competition in an industry which by hypothesis is to be governed by competition only to a limited extent.
- Published
- 1954
- Full Text
- View/download PDF
28. THE DRAFTING OF PARTNERSHIP AGREEMENTS.
- Author
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Worcester, Dean K.
- Subjects
- *
AMERICAN law , *PARTNERSHIP agreements , *PARTNERSHIP interest , *PARTNERSHIP allocations , *BUSINESS partnerships - Abstract
The article focuses on issues related to the drafting of partnership agreements in the U.S. This paper will deal chiefly with the major features of this form and its adaptation to various business situations. The partners may agree on anything they wish. The chief task of the draftsman is to ascertain what they do wish, to think out in advance the typical problems that are likely to arise, to discuss these with his clients, to work out decisions as to how they are to be treated, and to set the results down in clear language.
- Published
- 1950
- Full Text
- View/download PDF
29. LEADING LEGAL ARTICLES.
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COMMON law , *LEGAL procedure , *LEGAL costs , *LAW - Abstract
The article presents information about papers related to the U.S. law published in various journals. The provisions of the Fifth and Sixth Amendments to the Federal Constitution guaranteeing common law procedure, including the right of indictment and trial by jury do not extend to the inhabitants of our insular possessions. It would seem that this applies equally to all the territories of the United States. It is suggested, there can be no distinction between the organized and the unorganized territories. The privileges guaranteed by the Bill of Rights in fact extend to the former only by virtue of an Act of Congress or a treaty provision.
- Published
- 1906
30. RECENT PROGRESS TOWARDS AGREEMENT ON RULES TO PREVENT A CONFLICT OF LAWS,.
- Author
-
Baldwin, Simeon E.
- Subjects
- *
CONFLICT of laws , *AMERICAN law , *NEGOTIABLE instruments , *COMMERCIAL law - Abstract
The article comments on the advancements in the agreement on rules to prevent a conflict of laws. The inconvenience resulting from a conflict of laws between the states of the U.S. on the subject of commercial paper has of late been largely avoided by the general adoption of the Negotiable Instruments' Act, framed by the Annual Conference of the States for Promoting Uniform Legislation. It is from the action of this body that the most is to be hoped for in the future in smoothing the way to general agreement within the United States as to matters of private law.
- Published
- 1904
- Full Text
- View/download PDF
31. Notes.
- Subjects
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LEGAL judgments , *CIVIL service , *LEGAL certainty , *NEGOTIABLE instruments , *PLEADING - Abstract
Presents several court cases and rulings in the U.S. published in the November 1896 issue of the "Harvard Law Review." Preference of veterans in the Massachusetts civil service; Certainty as a formal requisite of negotiable paper; Common law pleading; Physical suffering resulting from mental shock.
- Published
- 1896
32. MR. JUSTICE BRANDEIS.
- Author
-
Frankfurter, Felix
- Subjects
- *
JUDGES , *LEGAL opinions , *LEGAL literature , *LAW reform - Abstract
The article presents a profile of justice Louis D. Brandeis, who has been considered as a great contributor to the American history, through his writings on various legal issues. The article notes that, despite his impersonal and almost ascetic style, Brandeis furnished a map of his mind in his occasional papers, in his testimony before legislative committees, and, above all, in his more than five hundred opinions. Brandeis has shown the way to several others, by his passionate dedication of great gifts to great purposes, by his use of the versatile resources of law for the liberation and enrichment of the potentialities of man.
- Published
- 1941
33. NOTES.
- Subjects
- *
ACTIONS & defenses (Law) , *LEGISLATIVE bills , *BILLS of lading , *CONTRACTS , *INTRASTATE commerce - Abstract
This article presents information about recent law cases. In United States v. Ferger, however, it has recently been held that section 41 of the Pomerene Act, which makes criminal the forging of an interstate bill of lading, is unconstitutional, since the forged bills of lading were nothing but pieces of paper fraudulently inscribed. They were not receipts for goods. They did not affect interstate commerce. The court excluded from contemplation, as possibly presenting a different question, the counterfeiting of an existing genuine interstate bill of lading.
- Published
- 1919
34. RECENT CASES.
- Subjects
- *
ACTIONS & defenses (Law) , *INSURANCE policies , *CONTRACTS , *TRIALS (Law) , *INVOICES - Abstract
The article discusses various lawsuits in the U.S. One of the lawsuits discussed is Moore v. Empire Land Co. The plaintiff's grantor took possession of certain land without any paper title and held it adversely for seven years. He then conveyed the surface of the land to X., reserving the minerals; and X. and his grantees entering held possession of the surface for the remainder of the statutory period, no one meanwhile operating the mines. Thereafter the plaintiff bought the minerals from the grantor, and brings this bill to quiet his title to them. Another case discussed is Condon v. Exton-Hall Brokerage and Vessel Agency. The defendant, at the plaintiff's request, undertook gratuitously to procure the immediate cancellation of an insurance policy issued by the plaintiff. The defendant directed its local correspondent to investigate the risk with a view to action in the future.
- Published
- 1913
35. BOOKS AND PERIODICALS.
- Subjects
- *
ACTIONS & defenses (Law) , *INTERNATIONAL law , *EXTRAORDINARY remedies - Abstract
The article discusses a paper and various books related to the lawsuits in the U.S. The paper discussed is "The Legal Nature of International Law," by George B. Scott. In this paper, the writer maintains two propositions: first, that the quality of enforceability and the existence of a sanction are not essential to the definition of law; secondly, that assuming a sanction to be requisite, one is present in the realm of international law. Some of the books discussed are "The Abuse of New Trials," by Everett P. Wheeler, "The Act of Congress Permitting Suits Against Federal Receivers: Injunctions From State Courts," by W.A. Coutts and "Dissenting Opinions," by V.H. Roberts.
- Published
- 1905
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