Download or read book Alden V Maine 1999 written by John H. Alden and published by . This book was released on 2000 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Summary of U S Supreme Court Case Concerning State Liability Under the Fair Labor Standards Act Alden V Maine written by Laura Jordan (Lawyer) and published by . This book was released on 1999 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summarizes Alden v. Maine (U.S. Supreme Court, No. 98-436 (1999)), which established that private individuals may not sue a state in state court to enforce the provisions of the federal Fair Labor Standards Act (FLSA) unless the state waives its sovereign immunity.
Download or read book Eleventh Amendment Sovereign Immunity written by Landmark Publications and published by . This book was released on 2019-07-27 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply the doctrine of Eleventh Amendment sovereign immunity. * * * The Eleventh Amendment to the United States Constitution provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. The Supreme Court in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890), "extended the Eleventh Amendment's reach to suits by in-state plaintiffs, thereby barring all private suits against non-consenting States in federal court." Lombardo v. Pa., Dep't of Pub. Welfare, 540 F.3d 190, 194 (3d Cir. 2008) (emphasis omitted). Immunity from suit in federal court under the Eleventh Amendment is designed to preserve the delicate and "proper balance between the supremacy of federal law and the separate sovereignty of the States." Alden v. Maine, 527 U.S. 706, 757, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). The Eleventh Amendment serves two fundamental imperatives: safeguarding the dignity of the states and ensuring their financial solvency. See Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 52, 115 S.Ct. 394, 130 L.Ed.2d 245 (1994) (identifying "States' solvency and dignity" as the concerns underpinning the Eleventh Amendment). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018)
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by Gerald Gunther and published by . This book was released on 2000 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Law in Court written by R. H. Helmholz and published by Harvard University Press. This book was released on 2015-06-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book The Second Part of the Institutes of the Laws of England Containing the Exposition of Many Ancient and Other Statutes Authore Edwardo Coke written by Sir Edward Coke and published by . This book was released on 1797 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congress Confronts the Court written by Colton C. Campbell and published by Rowman & Littlefield Publishers. This book was released on 2002-05-09 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is frequently portrayed as an isolated entity void of politics that reaches judgments by some unseen and unknowable logic. At the same time, Congress is cast as a singularly political enterprise with little regard for nuanced lawmaking. This volume of original essays by leading scholars shows both branches in a new light. It explores the impact of sustained partisan politics, the recent reassertion of legislative power at the expense of judicial review, and the sometimes stormy relationship between Congress and the Court.
Download or read book Soldiers and Sailors Civil Relief Act written by United States and published by . This book was released on 1961 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution in Congress written by David P. Currie and published by University of Chicago Press. This book was released on 1997-05-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thus the First Congress left us a rich legacy of arguments over the meaning of a variety of constitutional provisions, and the quality of those arguments was impressively high.
Download or read book Government Liability in Tort written by Edwin Montefiore Borchard and published by . This book was released on 1924 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book FBI Law Enforcement Bulletin written by and published by . This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Encyclopedia of Supreme Court Quotations written by Christopher A. Anzalone and published by M.E. Sharpe. This book was released on 2000 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of 1500 quotes from more than 1000 Supreme Court decisions. These excerpts, dating from the beginning of the Republic, are arranged to include the legislative, judicial, and executive branches; states' rights; due process; free speech; equal rights; and freedom of religion.
Download or read book Federal Courts written by Michael Finch and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi
Download or read book Public Administration and Public Affairs written by Nicholas Henry and published by Routledge. This book was released on 2015-07-14 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated in its 12th edition, Public Administration and Public Affairs shows readers how to govern efficiently, effectively, and responsibly in an age of political corruption and crises in public finance. With a continuing and corroding crisis occurring, as well as greater governance by nonprofit organizations and private contractors, it is vital that readers are given the skills and tools to lead in such an environment. Using easy-to-understand metaphors and an accessible writing style, Public Administration and Public Affairs shows its readers how to govern better, preparing them for a career in public administration.
Download or read book Encyclopedia of the United States Constitution written by David Andrew Schultz and published by Infobase Publishing. This book was released on 2010-05-18 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
Download or read book The U S Supreme Court and New Federalism written by Christopher P. Banks and published by Rowman & Littlefield. This book was released on 2012 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholars Christopher P. Banks and John C. Blakeman offer the most current and the first book-length study of the U.S. Supreme Court's "new federalism" begun by the Rehnquist Court and now flourishing under Chief Justice John Roberts. While the Rehnquist Court reinvorgorated new federalism by protecting state sovereignty and set new constitutional limits on federal power, Banks and Blakeman show that in the Roberts Court new federalism continues to evolve in a docket increasingly attentive to statutory construction, preemption, and business litigation
