Download or read book Schultz V Frisby written by and published by . This book was released on 1986 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by Oxford University Press, USA. This book was released on 1991 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Download or read book Brennan and Democracy written by Frank I. Michelman and published by Princeton University Press. This book was released on 2005-01-17 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
Download or read book Closed written by Joseph M. Scheidler and published by Tan Books & Pub. This book was released on 1993 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Court of Appeal 1st Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book West s Federal Practice Digest written by and published by . This book was released on 2003 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2001 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proposed Modifications to the AT T Decree written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights and published by . This book was released on 1987 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Speech Media and Ethics written by R. Cohen-Almagor and published by Springer. This book was released on 2001-01-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.
Download or read book Property and the Constitution written by Janet McLean and published by Hart Publishing. This book was released on 1999-08-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a July 1998 conference, written by public lawyers, property lawyers, and legal philosophers, examine public dimensions of private property. Contributors consider whether property is a human right, and look at its role in making responsible citizens, its relationship to freedom of speech, constitutional protections of private property, and attempts to redress historical wrongs by property settlements to indigenous people. The editor is former director of the New Zealand Institute of Public Law, and a lecturer at the University of Auckland, New Zealand. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Rediscovering a Lost Freedom written by Patrick M. Garry and published by Transaction Publishers. This book was released on 2011-12-31 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life. In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In Rediscovering a Lost Freedom, Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas. Rediscovering a Lost Freedom seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. Rediscovering a Lost Freedom will be of interest to students of American law, history, and the U.S. Constitution.
Download or read book Funeral Protests Selected Federal Laws and Constitutional Issues written by and published by DIANE Publishing. This book was released on with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2014 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foy V Combs written by and published by . This book was released on 1989 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Digest of Official Reports 3d 4th Series written by and published by . This book was released on 1974 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Notes on the American Decisions written by Lawyers Co-operative Publishing Company and published by . This book was released on 1909 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes 1-95 Am. Dec.
Download or read book Directions in Sexual Harassment Law written by Catharine A. MacKinnon and published by Yale University Press. This book was released on 2008-10-01 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: div When it was published twenty-five years ago, Catharine MacKinnon’s pathbreaking work Sexual Harassment of Working Women had a major impact on the development of sexual harassment law. The U.S. Supreme Court accepted her theory of sexual harassment in 1986. Here MacKinnon collaborates with eminent authorities to appraise what has been accomplished in the field and what still needs to be done. An introductory essay by Reva Siegel considers how sexual harassment came to be regulated as sex discrimination. Contributors discuss how law can best address sexual harassment; the importance and definition of consent and unwelcomeness; issues of same-sex harassment; questions of institutional responsibility for sexual harassment in both employment and education settings; considerations of freedom of speech; effects of sexual harassment doctrine on gender and racial justice; and transnational approaches to the problem. An afterword by MacKinnon assesses the changes wrought by sexual harassment law in the past quarter century. /DIV
