15,658 results on '"ACTIONS & defenses (Administrative law)"'
Search Results
2. ADMINISTRATIVE DEFERENCE IN COLORADO.
- Author
-
HART, MELISSA
- Subjects
- *
JUDICIAL deference , *ADMINISTRATIVE law , *WAGES , *ACTIONS & defenses (Administrative law) - Abstract
The article examines the Colorado Supreme Court's position on administrative deference focusing on the wage claim dispute Nieto v. Clark's Market Inc. Topics include a description of the interpretive challenges presented in the case, the court's approach to those challenges, and where the law of deference to agencies stands in Colorado given the state's decision to plan its own path rather than adopt the federal approach.
- Published
- 2023
3. USING STATE LAW BEFORE THE GLACIERS THAW: CLIMATE TORTS AFTER BP V. BALTIMORE.
- Author
-
MAYER, JILLIAN
- Subjects
CONSUMER protection ,TORTS ,ACTIONS & defenses (Administrative law) ,STATE courts - Abstract
The article describes the lawsuits brought under state-level tort and consumer protection laws and argues that the Second Circuit erred in dismissing New York City's state lawsuit against the world's largest fossil fuel companies. Topics discussed include history of domestic climate litigation, recommendation for cities, states, and individuals to commence more suits in state courts, and the need to allow state tort claims to proceed without federal preemption.
- Published
- 2023
4. Fat Smitty's & Friends: Guidance for Statutory Interpretation.
- Author
-
Reddish, Kolby K.
- Subjects
STATUTES ,ACTIONS & defenses (Administrative law) ,LAW ,ADMINISTRATIVE law ,LEGISLATIVE intent ,JUDICIAL power - Abstract
The article offers guidance and examines important points in the Idaho Supreme Court' statutory interpretation analysis of the 2020 case Fell v. Fat Smitty's, LLC. Topics discussed are plain meaning rule, application of plain meaning rule to limit court authority to interpret statutes due to operation of separation of powers, rules applicable to administrative law, ambiguity of statute language and reasonableness of proposed statutory constructions as guide to determining legislative intent.
- Published
- 2022
5. The Direct-Derivative Distinction, the Special Litigation Committee, and the Uniform Act: A Response to Professor Weidner.
- Author
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Kleinberger, Daniel S.
- Subjects
COMMITTEES ,ACTIONS & defenses (Administrative law) ,PRIVATE companies ,CORPORATION law - Abstract
The Unfortunate Role of Special Litigation Committees in LLCs has a deeply pejorative view of the Uniform Law Commission "second generation" limited liability company act, and that view extends far deeper than the target suggested by the article's title. The article's fundamental attack is on the distinction between direct and derivative claims; the criticisms of ULLCA's provisions on special litigation committees depend on that attack. In support of its wide-ranging attack, The Unfortune Role seeks to marshal history, policy, logic, and a research study pertaining to the outcome of derivative claims. Unfortunately, however, the article (i) misapprehends the drafting history of uniform acts and the case law origins of the direct-derivative distinction; (ii) asserts and relies on a policy with destructive practical consequences for closely held businesses; (iii) misunderstands the logical ramifications of an LLC being a legal person separate from its members; and (iv) relies heavily on a study based on inapposite data-i.e., a data set comprising mostly cases involving public corporations, with an additional focus on cases decided by Delaware courts. Thus, in this author's opinion, The Unfortunate Role fails on every front the article seeks to attack. [ABSTRACT FROM AUTHOR]
- Published
- 2022
6. O NOVO REGIME DO PROCEDIMENTO DE INJUNÇÃO EM MATÉRIA DE ARRENDAMENTO.
- Author
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Hüsgen, André Mena
- Subjects
- *
ACTIONS & defenses (Administrative law) , *LANDLORD-tenant relations , *COMMERCIAL leases , *DELEGATED legislation , *LAW enforcement , *SUMMONS , *INJUNCTIONS - Abstract
Decree-Law No. 34/2021, of 14 May, approved the proceeding applicable to the injunction for lease agreement matters, which, according to the mentioned diploma, corresponds to a legal remedy with the purpose to confer executive force to the application filed to enforce certain rights of the tenant. This article describes the applicability and procedural steps of the referred proceeding and, finally, identifies certain legal and practical circumstances that, in our view, limit the usefulness of this legal remedy. [ABSTRACT FROM AUTHOR]
- Published
- 2021
7. FEDERAL-STATE PROGRAMS AND STATE--OR IS IT FEDERAL?--ACTION.
- Author
-
ROSMAN, MICHAEL E.
- Subjects
- *
STATE action (Civil rights) , *FEDERAL government , *STATE governments , *ACTIONS & defenses (Administrative law) , *PRIVATE sector - Abstract
The article provides insights into the key tenets of state action cases which involve private individuals or organizations and federal government. Topics mentioned include the conflict of using the same language of state action for both private and government cases, the difficulties in addressing governmental conduct for both federal and state government action, and the application of state action principles to federal state programs.
- Published
- 2021
8. Risk Perceptions Versus Legal Realities in Campus Recreational Sport Programs.
- Author
-
Young, Sarah J., Fields, Sarah K., and Powell, Gwynn M.
- Subjects
RECREATIONAL sports ,COLLEGE sports ,RISK perception ,RISK management in business ,JUDGE-made law ,LEISURE research ,ACTIONS & defenses (Administrative law) - Abstract
Risk management in campus recreational sports has been a consideration on the minds of campus recreational sport directors for over the past three decades. But are directors' concerns aligned with the litigation being decided in the courtroom? This study examined whether or not campus recreation directors were concerned about the same legal and risk management issues that appeared most frequently in published court decisions. A case law analysis revealed that 54 cases were related to campus recreation over the past 30 years. To determine risk perceptions of campus recreation directors, a Web survey identifying 34 risk issues was administered. The findings showed the relationship of perceptions of directors to published cases and the risk management formula, as well as differences in perceptions based on demographic variables. The results identified several opportunities for discussion and new areas for research. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
9. Independence Threats, Litigation Risk, and the Auditor's Decision Process.
- Author
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Blay, Allen D.
- Subjects
AUDITED financial statements ,AUDITORS ,DECISION making ,RISK ,CUSTOMER retention ,ACCOUNTANT independence ,ACTIONS & defenses (Administrative law) ,THREATS ,ETHICS - Abstract
This study examines the effect of independence threats and litigation risk on auditors' evaluation of information and subsequent reporting choices. Using a Web-based experiment, I tracked auditors' information gathering and evaluation leading to a going-concern reporting decision. Specifically, 48 audit managers assessed client survival likelihood, gathered additional information, and suggested audit report choices. I found that auditors facing high independence threats (fear of losing the client) evaluated information as more indicative of a surviving client and were more likely to suggest an unmodified audit report, consistent with client preferences. In contrast, auditors facing high litigation risk evaluated information as more indicative of a failing client and were more likely to suggest a modified audit report. In addition, the association between risk and report choice was fully mediated by final information evaluation. This suggests that it is unlikely that different reporting choices resulted from a conscious choice bias, but rather that motivated reasoning during evidence evaluation plays a key role in the effect of risk in auditor decision making. [ABSTRACT FROM AUTHOR]
- Published
- 2005
- Full Text
- View/download PDF
10. Llano County Patrons’ Anti-Censorship Lawsuit.
- Author
-
Zalusky, Steve
- Subjects
- *
ACTIONS & defenses (Administrative law) , *PUBLIC libraries , *LIBRARY materials , *LIBRARY directors , *LIBRARY trustees - Abstract
The article reports on a federal lawsuit filed by users of the Llano County Library System in Texas against county commissioners, members of the reconstituted library board, and the library director. Topics discussed include a preliminary injunction sought in the lawsuit, books involved in the lawsuit, and reason that the books were systematically removed from the library collection according to the plaintiffs.
- Published
- 2023
11. RECONSIDERING OUSTER CLAUSES IN SINGAPORE ADMINISTRATIVE LAW.
- Author
-
Chng, Kenny
- Subjects
CLAUSES (Law) ,ADMINISTRATIVE law ,LEGAL judgments ,ACTIONS & defenses (Administrative law) ,LEGISLATIVE amendments - Published
- 2020
12. Insolvency Law Journal: CONSOLIDATED INDEX TO VOLUMES 1-26.
- Subjects
CORPORATE bankruptcy ,ACTIONS & defenses (Administrative law) ,BANKRUPTCY - Published
- 2019
13. The Regressive Effect of Legal Uncertainty.
- Author
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Weiss, Uri
- Subjects
JUSTICE administration ,RISK aversion ,ACTIONS & defenses (Administrative law) - Abstract
Legal uncertainty has a regressive distributive effect. There are sides that gain from increasing legal uncertainty and others that lose from it. Legal uncertainty leads to regressive settlements; a shift from a more certain legal regime to a less certain one transfers wealth from risk-averse parties to risk-neutral parties via the settlements. Thus, because poor people are more risk-averse than rich people, legal uncertainty leads to a transfer of wealth from poor people to rich people. In addition, because women are--or are perceived to be--more risk-averse than men, legal uncertainty leads to a transfer of wealth from women to men. In other words, legal uncertainty has class-regressive and gender-regressive effects. Furthermore, legal uncertainty transfers wealth from parties with weak bargaining power to those with strong bargaining power. It is important to understand the regressive effects of legal uncertainty because the degree of legal uncertainty is not determined by nature; it is a choice by society. [ABSTRACT FROM AUTHOR]
- Published
- 2019
14. Playground or Church? Implications for Public Administration from Trinity Lutheran v. Comer.
- Author
-
Candreva, Philip J.
- Subjects
GOVERNMENT aid lawsuits ,RELIGION & state ,PUBLIC administration ,LUTHERAN Church ,CONSTITUTIONAL law ,RELIGION & secularism ,ACTIONS & defenses (Administrative law) ,ACTIONS & defenses (Law) - Abstract
The roots of public administration are in the fields of management, political science, and the law. The law is underrepresented in the literature and is not as well understood by nonlawyer practitioners, yet it increasingly enables, constrains, and prescribes government action. In 2017, the U.S. Supreme Court ruled on a case involving whether a government grant awarded on secular criteria must be provided to a qualified church. This article contributes to the field's understanding of the interplay of law and administration by examining the constitutional issues in the case and their implications for public administration. By considering how this dispute was framed and the ways in which the court approached its resolution, public officials can better understand the issues in similar cases; anticipate potential disputes; and (re)design policies that will serve their communities, remain within constitutional limits, and reduce the likelihood of litigation. [ABSTRACT FROM AUTHOR]
- Published
- 2019
- Full Text
- View/download PDF
15. Class Action Sexual Harassment Lawsuit: A Study in Crisis Communication.
- Author
-
Pomerenke, Paula J.
- Subjects
SEXUAL harassment ,WORKPLACE romance ,ACTIONS & defenses (Administrative law) ,EMPLOYMENT discrimination ,WOMEN employees - Abstract
On April 9, 1996, the Equal Employment Opportunities Commission (EEOC) filed a class action lawsuit in federal court in Chicago, charging that sexual harassment is pervasive at Mitsubishi Motors Manufacturing of America (MMMA) in Normal, Illinois. The crisis communication literature emphasizes the need for communication with the employees, perhaps the most important constituency; however, the events after the lawsuit clearly show that MMMA was unprepared for a crisis, unprepared for handling a deluge of publicity, and certainly unprepared to deal with all its employees. Companies that are defensive in facing a crisis may find themselves making the situation worse. Managers may be angry and eager to place blame for the situation. Communication in a time of crisis is a tool of public relations, yet few handle it well. A civil lawsuit against MMMA, alleging sexual and racial harassment and discrimination, was filed on December 15, 1994, by 26 current and former female employees. The charges included rape, assaults, fondling, men rubbing penises against the women.
- Published
- 1998
- Full Text
- View/download PDF
16. Gray Markets and the Legal Status of Parallel Importation.
- Author
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Duhan, Dale F. and Sheffet, Mary Jane
- Subjects
GRAY market ,MARKETING channels ,ACTIONS & defenses (Administrative law) ,COMPETITION ,MARKETS ,LEGAL judgments ,LAW - Abstract
The authors describe how and why gray marketing occurs in the context of legal and illegal (shadow) marketing activities. The regulatory and judicial decisions relating to gray marketing activities are reviewed and the implications of an upcoming Supreme Court ruling on gray marketing are discussed. Finally, some suggestions are offered to trademark owners who face gray market competition. [ABSTRACT FROM AUTHOR]
- Published
- 1988
- Full Text
- View/download PDF
17. 'If they plant them, we'll pull them up'
- Author
-
Lynas, Mark
- Subjects
- *
PLANT genetic engineering , *ACTIONS & defenses (Administrative law) , *LEGAL judgments , *GENETIC engineering - Abstract
Provides information on the efforts of activists in Great Britain to trash away genetically modified crops in their country. Purpose of the activists for trashing the crops; Decision of the court in the cases filed against other activists destroying genetically modified crops within a private property; Reasons of the British people for doubting genetic engineering. INSET: A few Crop-trashing tips.
- Published
- 2004
18. Who Defines The American Courts?
- Author
-
Wilkinson, Harvie
- Subjects
- *
INTERNATIONAL law , *JUSTICE administration , *ACTIONS & defenses (Administrative law) - Abstract
Presents the text of a speech by J. Harvie Wilkinson of the International U.S. Court of Appeals, Fourth Circuit, on the use of international law in the U.S. justice system. Changes in the use of international law and judicial opinions in cases; Views on the American constitution; Overview of several legal cases.
- Published
- 2004
19. Marketing and the United States Supreme Court, 1965-1968.
- Author
-
Werner, Ray O.
- Subjects
LEGAL judgments ,MARKETING laws ,COMMERCIAL policy ,MARKETING ,ACTIONS & defenses (Administrative law) ,GOVERNMENT agencies ,BUSINESS enterprises ,GOVERNMENT policy ,ACTIONS & defenses (Law) - Abstract
Important changes in marketing's legal environment have resulted from decisions of an extremely active U.S. Supreme Court during the past three years. The Court decisions have altered significantly a wide variety of feasible operational and organizational alternatives. In this article, recent Supreme Court decisions which have important implications for marketing policy and practice are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 1969
- Full Text
- View/download PDF
20. II. REGULATION OF PRODUCT CHARACTERISTICS.
- Author
-
Werner, Ray O. and Reinecke, John A.
- Subjects
ADVERTISING laws ,DISCLOSURE ,MARKETING laws ,INADEQUATE disclosure ,TRADE regulation ,PRODUCT advertising ,SWIMMING equipment ,ACTIONS & defenses (Administrative law) ,ACTIONS & defenses (Law) - Abstract
The article presents legal developments in marketing with particular focus on the regulation of product characteristics. One of the developments describes the case of Heinz Kirchner d.b.a. Universe Co. v. the U.S. Federal Trade Commission (FTC). Heinz argued that a prior ruling that it could not call a swimming aid device "unsinkable" unless it was proven. The Ninth Circuit Court of Appeals felt the prior ruling was drastic, but maintained that because of the potential consequences of a user not understanding the product, Heinz must provide full disclosure.
- Published
- 1965
21. The Change In How We Deal With Crisis.
- Author
-
Hantler, Steven B.
- Subjects
- *
LAWYERS , *CLASS actions , *ACTIONS & defenses (Administrative law) - Abstract
Presents a speech by Steven B. Hantler, assistant general counselor at DaimlerChrysler, delivered to the Republican Attorneys General Association Summer Meeting in Las Vegas, Nevada on June 2, 2003. Myths about class-action lawsuits; Ways the impact of lawsuits can be measured; Reason for the revision of U.S. class action law in 1966.
- Published
- 2003
22. Unnatural Law.
- Author
-
Sullivan, Andrew
- Subjects
- *
SEX crimes , *MASTURBATION , *SEXUAL intercourse , *ORAL sex , *ACTIONS & defenses (Administrative law) , *CRIMINAL courts , *HOMOSEXUALITY - Abstract
In September 1998, two men named John Lawrence and Tyron Garner were arrested while having sex in Lawrence's home in Houston, Texas. Their charge was sodomy. The two men later challenged the constitutionality of their conviction in the Texas Court of Appeals and in the Texas Criminal Court of Appeals, claiming it violated their rights to privacy and to equal protection of the laws. The correct definition of sodomy--then and now--is simply non-procreative sex, whether practiced by heterosexuals or homosexuals. It includes oral sex, masturbation, mutual masturbation, contraceptive sex, coitus interruptus, and anal sex--any sex in which semen does not find its way into a uterus.
- Published
- 2003
23. GIANT SLAYING.
- Author
-
Mendelson, Joseph
- Subjects
- *
CIVIL procedure , *ACTIONS & defenses (Administrative law) , *CORRUPTION in business enterprises - Abstract
Gives advice on how to use the law against companies that exploit the community and the environment. Importance of information in any legal action; How to force government agencies and private companies to comply with regulations; Approaches to lawsuits.
- Published
- 2000
24. SEARCHING EVERYWHERE FOR A SECTION 24(1)(A) STANDARD: CITY OF ASHEVILLE, TOWN OF BOONE, AND THE UNCLEAR FUTURE OF LOCAL-STATE RELATIONS IN NORTH CAROLINA.
- Author
-
MILES, JEFFREY D.
- Subjects
ACTIONS & defenses (Administrative law) ,LEGAL judgments ,CONSTITUTIONAL law ,LAW reform - Abstract
The article explores why the Supreme Court of North Carolina reached seemingly divergent conclusions in the cases City of Asheville v. State and Town of Boone v. State. Topics include facts, reasoning, and holdings of City of Asheville and Town of Boone and how these decision can be reconciled, argument that article II, section 24 of the Constitution should apply to the law at issue in Town of Boone, and the need to reform section 24(1)a doctrine.
- Published
- 2018
25. Canadian Cases in Private International Law in 2017.
- Author
-
BLOM, JOOST
- Subjects
ACTIONS & defenses (Administrative law) ,CONFLICT of laws ,CIVIL law - Abstract
The article presents Canadian cases in private international law in 2017, including Stewart v Stewart, Integrity Worldwide Inc v Knapp, and Northwestpharmacy.com Inc v Yates.
- Published
- 2018
- Full Text
- View/download PDF
26. ANXIETY AND INFLUENCE: Learned Hand and the Making of a Free Speech Dissent.
- Author
-
Healy, Thomas
- Subjects
- *
JUDICIAL opinions , *LEGAL judgments , *FREEDOM of speech , *ACTIONS & defenses (Administrative law) , *PUBLISHING , *BRANDENBURG v. Ohio - Abstract
The article focuses on the impact of Judge Learned Hand's opinion in the case Masses Publishing Co. v. Patten. Topics include exchanges between Hand and Justice Oliver Welmer Holmes on the issue of free speech, the extent to which Hand's opinion in Masses influenced Holmes's thinking about free speech, and difference between Holmes's theoretical justification for free speech and the one articulated by Hand in Masses.
- Published
- 2018
27. THE "AVE MARIA" EFFECT.
- Author
-
JONASSEN, FREDERICK B.
- Subjects
FREEDOM of religion lawsuits ,ACTIONS & defenses (Administrative law) - Abstract
The article discusses the case Nurre v. Whitehead wherein the Everett School District in Washington State prohibited the seniors of the Jackson High School Wind Ensemble from performing the instrumental piece of music "Ave Maria" because of its sectarian title. Topics include comparison of the Nurre case with other cases of religious expression, facts of the case, and reasoning of the opinions of the court and the opinions of Judge Milan D. Smith and Justice Samuel A. Alito.
- Published
- 2018
28. NEW FACTS AND NEW EVIDENCE AS THE BASIS FOR REOPENING AN ADMINISTRATIVE DISPUTE IN THE REPUBLIC OF SRPSKA.
- Author
-
Miljić, Dražen
- Subjects
ADMINISTRATIVE law ,LEGAL evidence ,ADMINISTRATIVE crime ,ACTIONS & defenses (Administrative law) - Abstract
Copyright of Yearbook of Banjaluka Law School / Godisnjak Pravnok Fakulteta u Banjaluci is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
- Full Text
- View/download PDF
29. CRIMINAL LAW JOURNAL.
- Subjects
CRIMINAL law ,AUTHORS ,ACTIONS & defenses (Administrative law) - Published
- 2019
30. SOFTWARE BARON.
- Author
-
Wolffe, Richard
- Subjects
- *
MONOPOLIES , *CONSPIRACY , *COMPUTER industry , *INFORMATION superhighway , *ACTIONS & defenses (Administrative law) - Abstract
Offers a look at the allegations against Microsoft Corp. Chairman Bill Gates, that he masterminded a conspiracy to kill off a rival company with the use of his monopoly control over the world's computers as weapon. Possible consequence of the Microsoft trial; Concerns of the U.S. government on the nature of the information highway; Information on the lawsuit filed by the Federal Trade Commission against Intel, the principal partner of Microsoft in the personal computer revolution.
- Published
- 1998
31. FATAL REVISION.
- Author
-
Shalit, Ruth
- Subjects
- *
ACTIONS & defenses (Administrative law) , *CRIME laboratories , *MASSACRES , *ACTIONS & defenses (Law) - Abstract
Discusses the lawsuit filed by physician Jeffrey MacDonald against the U.S. Federal Bureau of Investigation in 1997. Background of the massacre case against MacDonald in 1979; Flaws in the practices of the crime laboratory of the agency; Allegations against the manipulation of the forensic evidence of the clients by the agency.
- Published
- 1997
32. Editorials.
- Subjects
EDITORIALS ,POLITICAL campaign laws ,ACTIONS & defenses (Administrative law) ,JUDICIAL process - Abstract
Presents several editorials which discuss different subjects. "Infanticide," which discussed the decision reached by the U.S. Supreme Court to strike down major provisions of the Federal Election Campaign Act of 1974; "Find (?) Questions on Moynihan," which discussed the politics of New York political Daniel Moynihan; "Nixon's Booby Trap," which discussed a proposed bill being considered by the U.S. Senate Judiciary Committee which would revise the federal criminal code; "Men of Courage," which discussed the resignation of three engineers from the reactor division of General Electric; "Today's Return," which discussed the growing disarray of American foreign policy; "Night Work," which discussed the special services and clandestine operations of the U.S. CIA; "Backward Steps," which discussed the death of the California Agricultural Labor Relations Board.
- Published
- 1976
33. Killing 'Katharine the Great'
- Author
-
Pell, Eve
- Subjects
PUBLISHING ,ACTIONS & defenses (Administrative law) ,ACTIONS & defenses (Law) - Abstract
Describes the controversy associated with the publication of the book "Katharine the Great," by Deborah Davis. Problems faced in the publication of the book; Censorship problems with the book; Amount of compensation demanded by Davis in a lawsuit filed by her against the publishing company Harcourt Brace Jovanovich Inc.
- Published
- 1983
34. The Two Roy Cohns.
- Author
-
Straight, Michael
- Subjects
WITNESSES ,UNITED States legislators ,ACTIONS & defenses (Administrative law) - Abstract
This article presents information on two persons, with same name Roy Marcus Cohn, who were seen at the hearing of the trial going on between U.S. Senator Joseph McCarthy and the U.S. Army. Both of them had the same background, the same appearance, and the same name. But apparently they had never met. There was Roy Cohn, the Boy Rasputin, whom several witnesses for the Army testified they knew well. He had cursed John Adams and Senator McCarthy too, and according to Adams, he had forced the break with McCarthy beyond the point of no return. There was also Roy Cohn, the Young Crusader--a very different individual. Roy Cohn was an excellent witness--eloquent, confident, fast beyond belief, with an answer to every question.
- Published
- 1954
35. Editorials.
- Subjects
ECONOMIC policy ,ACTIONS & defenses (Administrative law) ,LABOR unions ,ARCHITECTS - Abstract
This article discusses several political and economic issues. The Bates Machine Co. has brought a suit for $200,000 against the Machinists Union. This is one of a number of such suits reported in this country within a comparatively recent period, for the purpose of applying to labor unions the same responsibility for consequences of their acts as have courts of England under the well known Taft Vale decision. Furthermore, the article discusses capitols built by two famous architects, Thomas Bulfinch and Thomas U. Walter, in Washington.
- Published
- 1904
36. The Week.
- Subjects
UNITED States politics & government ,UNITED States social conditions ,ACTIONS & defenses (Administrative law) ,CENSUS ,SOCIAL problems - Abstract
The article presents information on various socio-political issues from various parts of the U.S. The Kentucky Court of Appeals have reversed a decision of the Louisville Chancery Court, by which the appellant was required to accept Treasury notes in discharge contract for money. The war between the New York daily papers on the subject of the City census still rages with unwanted violence. The census just taken makes the population only a little smaller than in 1860, when. taken by that model of democratic virtue, "Captain Rynders."
- Published
- 1865
37. The Week.
- Subjects
FOREIGN news ,AGGRESSION (International law) ,WAGES ,ACT of state ,LEGISLATIVE bills ,BUSINESS ,AGRICULTURE ,ACTIONS & defenses (Administrative law) - Abstract
Focuses on several political and economic developments around the world. Problem of Italian aggression against Ethiopia and France; Decision of the U.S. Supreme Court in Schechter case, declaring National Industrial Recovery Act (NIRA) unconstitutional; Criticisms on the announcement of low wage scales for the work-relief program; Decision taken by the U.S. Supreme Court holding NIRA invalid; Impact of gold prices on an economy; Information on a U.S. President's message on Patman bill that provides plenty of money for veterans disabled in a war; Comments on the article "N.R.S. Sculptors and Chiselers," that shows ingenious business is in nullifying regulation; Referendum in the U.S. stating that wheat growers would give a six-to-one majority in favor of continuation of crop restriction; Law suit by two Newark corporations, the Clark Blade and Razor Co. and the Clark Blade Selling Corp. for $24,000,000 against the Gillette Razor Blade Co. on the ground that it sought to monopolize the razorblade industry, in violation of the federal anti-trust law; Appointment of Huey P. Long as the Tax Collector for the state of Louisiana; Dismissal of several technicians from the Columbia University Medical School presumably because of their pacifist activities; Decision that Havard now joins Williams, Princeton and Amherst in the list of American colleges and universities that have succeeded in banning the Hearst-Metrotone newsreel; Campaign conducted by columnist Arthur Brisbane encouraging people to get married; Competition over arts that leads to commerce.
- Published
- 1935
38. Editorials.
- Subjects
LEGAL judgments ,TOBACCO ,ACTIONS & defenses (Administrative law) ,COURTS ,LAW ,GOVERNMENTAL investigations - Abstract
The article throws light on the case of Tobacco Trust. It is still far too early to predict with any confidence what will be the full result of all this activity, administrative and judicial but there is one tendency which is becoming more and more manifest, and which historical experience gives reason to believe will have abiding and far-reaching results. The great problem of the courts is to supply, by the establishment of precedents and by the comment accompanying their decisions, what the written law lacks in definiteness.
- Published
- 1910
39. Correspondence.
- Author
-
Bancroft, Hubert H., Smith, R. McP., Eggleston, Edward, Hall, Fitzedward, Rose, John C., Ludlow, Thomas W., and Litchfield, R. B.
- Subjects
LETTERS to the editor ,ACTIONS & defenses (Administrative law) ,BONDHOLDERS ,PUBLIC debts ,DEBTOR & creditor ,LIBRARIES - Abstract
Presents several letters to the editor. Discussion of the proposed plan for making states suable by their bondholders in the U.S. Supreme Court; Information about the remedy provided to the creditors, in case of debts owned by towns, in New England; Overview of the library of the English colonialist John Winthrop.
- Published
- 1883
40. Editorials.
- Subjects
INTERNATIONAL relations ,PUBLIC demonstrations ,FRENCH politics & government ,ACTIONS & defenses (Administrative law) - Abstract
This article presents brief descriptions of various socio-political issue and developments in the U.S. It describes issue related with French dictator Franco's recent provocative moves toward France and Britain. When the demonstrations in Spanish Morocco against the French-imposed Sultan took place praising the Moorish leaders for demanding separation from French Morocco, the French government confidently asked the United States for support. Some Europeans hostile to the pact between Franco and the United States are charging that the whole flareup in Spanish Morocco was engineered by the Americans. Another issue regarding the importance of Pennsylvania Supreme Court's decision reversing the conviction of Steve Nelson, the Communist Party official who had been sentenced to twenty years in prison and fined $10,000 for violating the Pennsylvania Sedition Act of 1919, is discussed here.
- Published
- 1954
41. What the Utility Decisions Mean.
- Subjects
ACTIONS & defenses (Administrative law) ,WHOLESALE trade - Abstract
The article offers news briefs from the U.S. The Circuit Court of Appeals rules against the Duke Power Co. on the right of the public Works Administration (PWA) to finance publicly owned competitors of private power systems. Rural Electrification Administration, farm cooperatives have asked tech manufacturers of electrical household goods for wholesale factory prices. 75 percent of the employees of various firms have passed the newly formulated "Customer's Men" examination.
- Published
- 1936
42. The end of the monkey war.
- Author
-
De Camp, L. Sprague and De Camp, L S
- Subjects
LEGAL judgments ,BIOLOGICAL evolution education laws ,ACTIONS & defenses (Administrative law) - Abstract
Discusses the ruling of the U.S. Supreme Court on November 12, 1968 that a law which forbids the teaching of evolution in public schools and colleges was unconstitutional. Information on a lawsuit filed by Susan Epperson, a biology teacher at the Central High School of Little Rock, Arkansas, to test the constitutionality of the Rotenberry Act, the antievolution law of the state; Background on the controversy over evolution of naturalist Charles Darwin; Details of the case of science teacher John Thomas Scopes in Dayton, Tennessee on April 4, 1925 for teaching evolution.
- Published
- 1969
- Full Text
- View/download PDF
43. Editorials.
- Subjects
POLITICAL development ,TRUSTS & trustees ,ACTIONS & defenses (Administrative law) ,LEGAL judgments ,TARIFF ,COMMERCIAL policy - Abstract
The article presents political news around the world. The report of the Committee of the State Senate on Trusts has a twofold aspect. The conclusions reached by the majority are clearly justified. They are not different from those of the minority. Both agree that at present no legislation on the subject is desirable or practicable. Both point to the decision of Judge Barrett in the case of the North River Sugar-Refining Company, now under review in the Court of Appeals, as a proper resting-place for the time being. The opinion expressed by the Americans some time since that the appointment of Robert P. Porter to the Superintendency of the Census was in the nature of a public calamity, has since found confirmation in a general concurrence of the most intelligent sentiment of the country and also in the unconcealed rejoicing on the part of the representatives of the most extreme tariff fanatics.
- Published
- 1889
44. Editorials.
- Subjects
ECONOMIC indicators ,ECONOMIC policy ,FREEDOM of assembly ,ACTIONS & defenses (Administrative law) - Abstract
This article presents information regarding the political and economic developments in the U.S. The Chamber of Commerce last week discussed the pending strikes, but without any better result than a reference of the whole subject to the Executive Committee, with rower to call a public meeting or take such action as might seem best. The discussion which preceded this rather lame conclusion was marked by the vagueness which characterizes the utterances of nearly everybody who opens his mouth about the labor question. A new coupon case which has just been decided in favor of Virginia by its Supreme Court of Appeals, is, of course, magnified by the repudiators into a great victory, although, in fact, it is much more like one of those successful skirmishes which sometimes brighten, to an inordinate degree, the spirits of an army in full retreat.
- Published
- 1887
45. CLASSIFICATION OF CUSTOMERS.
- Author
-
Taeusch, Carl F.
- Subjects
UNITED States appellate courts ,TRADE associations ,AMERICAN business enterprises ,RETAIL industry ,WHOLESALE trade ,COOPERATIVE societies ,ACTIONS & defenses (Administrative law) ,CONFLICT of interests ,COMPETITION - Abstract
The article discusses the recent activity and adjudication among the Federal Trade Commission (FTC), the Circuit Court of Appeals, and the Mennen Company in relation to the Mennen Company's change in the classification of its distributors into retailers or wholesalers and their pricing policy for each. The article discusses the pressure exerted by the Wholesale Druggists Association that precipitated the Mennen Company's change in policy and the conflicting pressure on corporations from both the trade associations and cooperative buying groups. Specifics of the case are addressed and analyzed. The author predicts that more of these conflicts will arise and that the successful business owner will prepare for these pressures.
- Published
- 1928
46. PUBLIC UTILITY REGULATION: A NEW CHAPTER.
- Author
-
Harbeson, R. W.
- Subjects
PUBLIC utility rates ,PUBLIC utilities ,REGULATED industries ,INDEPENDENT regulatory commissions ,CONSUMER law ,RATE setting ,TRADE regulation ,ELECTRIC rates ,BEST practices ,ACTIONS & defenses (Administrative law) ,GOVERNMENT policy ,LAW - Abstract
The article discusses a ruling of the U.S. Supreme Court in the case of Federal Power Commission, et al. v. Natural Gas Pipeline Co. et al., which was handed down March 16, 1942. The case decided on the issue of public utility rate regulation. According to the author, the implication of the majority opinion is that the Court is now prepared to accept statutory and administrative policies in rate making which avoid confiscation. The writer gives a detailed account of the case and provides information on how rate regulations could be implemented in a better manner for the better conduct of business. He also mentions several problems that may arise from the case.
- Published
- 1942
47. The Week.
- Subjects
TAX rebates ,WAR reparations ,WAR damage compensation ,PRESIDENTIAL elections ,ACTIONS & defenses (Administrative law) ,COAL mining strikes & lockouts ,CHILD labor laws ,CUSTODY of children ,INTERSTATE agreements ,PUBLIC transit fares ,UNITED States politics & government, 1923-1929 - Abstract
Presents several political and socio-economic issues affecting the U.S. Policy of Secretary of the Treasury Andrew Mellon to promote tax reduction on large incomes; Assumption of economists that the difficulty of transferring of huge sums of payments might depress the German exchange rate; Controversy over the investments of American investors to Germany under the Dawes settlement and the Allied governments with a primary interest in reparations; Jockeying for position of Liberal and Conservative party leaders of Nicaragua for the all-important favor of the U.S. State Department for the Nicaraguan presidential campaign; Trial of Chicago school superintendent William McAndrew; Facts and information the case of McAndrew; Settlement of the coal strike in Illinois, Indiana, and five southwestern states; Reaction to the new child labor program of the National Association of Manufacturers; Appeal to Governor Roland Hartley (R-Was) to help restore a boy Russel Tremaine to his parent's custody after forcibly taken from the parents by order of a court in Washington; Finalization of the agreement between the states bordering the Colorado River on the construction of the Boulder Dam; Recommendation of transportation authorities of New York City to return to its regular rapid transit lines fare.
- Published
- 1927
48. The Week.
- Subjects
LEGISLATION ,FRAUD ,PRIMARIES ,DIPLOMACY ,INTERNATIONAL relations ,CONSTITUTIONAL amendments ,WATER utilities ,ACTIONS & defenses (Administrative law) ,BIRTH rate ,ADVERTISING ,TRAFFIC engineering - Abstract
Presents several political and socio-economic issues affecting the U.S. Debates in the Senate on several bills to be pass including the Alien Property Bill and the Second Deficiency Bill; Deliberations between Senators James A. Reed (D-Miss) and David A. Reed (R-Penn) over the investigation of primary frauds in the Pennsylvania; Argument between Senators James A. Reed (D-Miss) and William E. Borah (R-Ill) on the opposition of Borah to the U.S. entry into the World Court; Foreign policies of the U.S. in China, Mexico, and Nicaragua; Decision of the Supreme Court on the unconstitutionality of the Texas law that prohibits blacks from voting in the Democratic primaries; Introduction of a resolution in the New York State Legislature calling for a national constitutional convention for the repeal of the Eighteenth Amendment; Policies of New York Governor Alfred E. Smith on the water utilities issue; Decision of the court in the second trial of former Attorney General Harry M. Daugherty and former Alien Property Custodian Thomas W. Miller; Despite warnings from building financiers, new construction of buildings has been made in the North Atlantic and Southeastern Regions; Decline of the British birth rate; Sample of a comparative impartial test kind of advertisement; Scheme of architect Bob Lafferty for frenzied transportation to solve the traffic problem in New York.
- Published
- 1927
49. The Fall-Doheny Verdict.
- Author
-
Landis, J. M.
- Subjects
VERDICTS ,TRIALS (Law) ,LEGAL judgments ,ACTIONS & defenses (Administrative law) ,INCHOATE offenses ,PETROLEUM industry ,POLITICAL corruption ,MISCONDUCT in public office ,ILLEGAL contracts ,TEAPOT Dome Scandal, 1921-1924 ,UNITED States politics & government, 1923-1929 - Abstract
Discusses the verdict of the conspiracy case to defraud the U.S. government by the grand jury of the District of Columbia on former Secretary of Interior Albert B. Fall and oil prospector Edward L. Doherty. Acquittal of Doheny, and pending charges still await on the case of Fall and oil prospector Harry Sinclair; Facts and the case; Contract signed by the Doherty-owned Pan-American Petroleum Co. with the Department of Navy for a preferential business lease of oil reserves; Basis of the court for the decision.
- Published
- 1927
50. Editorials.
- Subjects
LEGISLATIVE bills ,COURTS ,ACTIONS & defenses (Administrative law) - Abstract
Herman Talmadge, Georgia's pretender, plows ahead in his efforts to set back democracy's clock in the face of rising popular protest. His signature to the White Primary bill converts the Democratic Party of the state into a private club. The constitutionality of such action in his role of governor will be tested when decisions of three Superior Courts come up for review before Georgia's Supreme Court late this month. Some twenty members of the House and three members of the Senate, making their own estimate of the way the wind is blowing, have left the opposition and jumped on to the Talmadge bandwagon.
- Published
- 1947
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