Flawed Precedent
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Flawed Precedent
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Author : Kent McNeil
language : en
Publisher: UBC Press
Release Date : 2019-06-01
Flawed Precedent written by Kent McNeil and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-01 with Law categories.
In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Flawed Precedent
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FREE 30 Days
Author : Kent McNeil
language : en
Publisher: UBC Press
Release Date : 2019-06-01
Flawed Precedent written by Kent McNeil and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-01 with Law categories.
In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Settled Versus Right
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Author : Randy J. Kozel
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-06
Settled Versus Right written by Randy J. Kozel and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-06 with Law categories.
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Precedent In The United States Supreme Court
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Author : Christopher J. Peters
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-11
Precedent In The United States Supreme Court written by Christopher J. Peters and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-11 with Law categories.
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Common Law Civil Law And Colonial Law
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Author : William Eves
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-15
Common Law Civil Law And Colonial Law written by William Eves and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with History categories.
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
Nomination Of Robert H Bork To Be Associate Justice Of The Supreme Court Of The United States
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1989
Nomination Of Robert H Bork To Be Associate Justice Of The Supreme Court Of The United States written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Judges categories.
Scotus 2018
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Author : David Klein
language : en
Publisher: Springer
Release Date : 2019-03-20
Scotus 2018 written by David Klein and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-20 with Political Science categories.
Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This inaugural volume in Palgrave’s new SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending in 2018, covering issues such as gay rights, religious liberty, public sector unions, coerced speech, digital privacy, voting rights, and the Trump travel ban. Bringing together notable scholars of the Court in one volume, the chapters in Scotus 2018 present the details of each ruling in its specific case, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2018 offers a big-picture look at Justice Neil Gorsuch’s first full term in office, the legal and political legacy of former Justice Anthony Kennedy, and the controversial nomination and confirmation of Justice Brett Kavanaugh.
The Antitrust Paradigm
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Author : Jonathan B. Baker
language : en
Publisher: Harvard University Press
Release Date : 2019-05-06
The Antitrust Paradigm written by Jonathan B. Baker and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-06 with Law categories.
A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
The Power Of Precedent
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Author : Michael J. Gerhardt
language : en
Publisher: Oxford University Press
Release Date : 2011
The Power Of Precedent written by Michael J. Gerhardt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.
The Evil Supreme Court
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Author : Walter Picca
language : en
Publisher: iUniverse
Release Date : 2005-08
The Evil Supreme Court written by Walter Picca and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08 with categories.
CONTENTS 1. The dissenting opinion 2. Ten major strikes 3. Read all about it! 4. Timeline 5. Seven types of US obstruction of justice 6. Breaking news 7. Judge-would you look at fifty flaws in the Andersen ruling. 8. Let's review the evidence again. 9. There are at least four corrupt persuaders 10. Conclusion 11. My last Judgment 12. Parents should decide