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Author: William Mark McKinney
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1270
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Author: William Mark McKinney
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1270
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Book Description
Author: William Mark McKinney
Publisher: General Books
ISBN: 9781458971500
Category :
Languages : en
Pages : 544
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Book Description
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: they had always regarded monopolies as contrary to the spirit and policy of the common law. The principal evils which led to public outcry against monopolies and to the final denial of the power to make them were the power which the monopoly gave to the one who enjoyed it to fix the price and thereby injure the public; the power which it engendered of enabling a limitation on production; and the danger of deterioration in quality of the monopolized article which it was deemed was the inevitable resultant of the monopolistic control over its production and sale. Monopolies were also thought to tend toward the impoverishment of labor.18 In the famous Case of the Monopolies Sir Edward Coke declared that a grant from the crown of a monopoly was void at common law as being incompatible with the English constitution, and this ruling was subsequently adopted by the statute of monopolies, which declared prior monopoly grants void and no longer of effect, and regulated the right of the crown to create them for the future.14 But though monopolies by grant came thus to be regarded as unlawful, it is remarkable that nowhere at common law can there be found a prohibition against the creation of a monopoly as such by an individual. However, as it was considered, at least so far as the necessaries of life were concerned, that individuals by the abuse of their right to contract might be able to usurp the power arbitrarily to enhance prices, one of the wrongs arising from monopoly, it came to be that laws were passed relating to offenses such as forestalling, regrating and engrossing by which prohibitions were placed upon the power of individuals to deal under such circumstances and conditions as to give rise to the presumption of an intent to injure others through the means, for instance, of a...
Author: Bernard Ernest Witkin
Publisher:
ISBN:
Category : Annotations and citations (Law)
Languages : en
Pages : 244
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Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: William Mark McKinney
Publisher:
ISBN:
Category : Law
Languages : en
Pages :
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Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473
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Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Alain A. Wijffels
Publisher:
ISBN:
Category : Case method
Languages : en
Pages : 388
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Book Description
By the end of the middle ages and in early-modern Europe, judges in superior or central courts had risen to a prominent position in society and played a crucial role in legal developments. Whether in the Common Law system or in continental Europe, the courts' decisions became a focus for legal reasoning, forensic arguments and doctrine. Yet, it remains controversial to what extent these developments reflected the emergence of case-law in a modern sense. From a comparative perspective, it is also questionable whether, in spite of obvious institutional and procedural differences, the Common Law and the European Civil Law traditions produced a corpus of judge-made law which, if not by the way it was elaborated, at least by its results in the respective legal systems, played a similar role in the constant interaction between the various sources of law. The present volumes, which are a sequel to the volume "Judicial Records, Law Reports, and the Growth of Case Law" (J. H. Baker ed.), published in 1989, specifically consider the relationship between judicial records and law reports. The emphasis of the contributions is on the techniques applied by the authors of both records and reports. Records, whether in the Common Law tradition or in continental Europe, developed mainly in order to satisfy procedural requirements, whereas the authenticity of early reports did not meet the same standards as in modern times. Both these observations raise the question of the purpose of records and reports in the law-making process. Volume 1 contains essays discussing these questions in the Anglo-American tradition (Common Law, Equity, English Canon Law) and in various continental-European traditions (Italy, France, Germany, the Low Countries and the Roman Catholic Church). Volume 2 illustrates these essays by producing extensive samples of both records and reports in the systems reviewed in the first volume. Thus, the present publication offers the unique combination of scholarly texts which review the latest results of current legal-historical debates on the role of judges' decisions in medieval and early modern law, and, for the first time, a source-book of the courts' practices and the reporters' methods in a wide range of legal systems.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 524
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Author: Erwin Chemerinsky
Publisher: Penguin Books
ISBN: 0143128000
Category : History
Languages : en
Pages : 402
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Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author:
Publisher:
ISBN:
Category : Insanity (Law)
Languages : en
Pages : 1522
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Book Description
