Author: William Mark McKinneyPublisher:
ISBN:
Category : Law
Languages : en
Pages : 1536
Book Description
Ruling Case Law
Author: William Mark McKinneyPublisher:
ISBN:
Category : Law
Languages : en
Pages : 852
Book Description
Ruling Case Law
Author: William Mark McKinneyPublisher:
ISBN:
Category : Law
Languages : en
Pages : 1536
Book Description
Ruling Case Law
Author: William Mark McKinneyPublisher: General Books
ISBN: 9781458971500
Category :
Languages : en
Pages : 544
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...
Ruling Case Law
Author: AnonymousPublisher: Legare Street Press
ISBN: 9781020157875
Category :
Languages : en
Pages : 0
Book Description
This book contains a comprehensive collection of case law and legal annotations from various American and English sources. It is a valuable resource for legal professionals and scholars seeking to understand the development of case law in the United States and the United Kingdom over several centuries. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Handbook on the Law of Judicial Precedents
Author: Henry Campbell BlackPublisher:
ISBN:
Category : Conflict of judicial decisions
Languages : en
Pages : 832
Book Description
American Jurisprudence
Author: Ruling Case Law ... Complete R.C.L. Index. Vols. 1-28, and to Permanent Supplement, 8 Vols
Author: Joseph Henry HillHabeas & Prison Litigation Case Law Update
Author: CJEU Case Law in Direct Taxation: Territoriality and Fundamental Freedoms
Author: Stephanie ZollesPublisher: Linde Verlag GmbH
ISBN: 3709412811
Category : Law
Languages : en
Pages : 253
Book Description
The principle of territoriality and the fundamental freedoms The tension between the fundamental freedoms and the sovereignty of the Member States is omnipresent in the CJEU ́s case law on direct taxation. A significant number of cases concerned one of the core principles in national tax laws: the principle of territoriality. Although this principle is continuously mentioned in cases concerning the compatibility of direct tax measures with the fundamental freedoms, the case law seems to provoke more questions than answers. This book provides guidance on the meaning of territoriality in the CJEU ́s case law on direct taxation as well as on the role which this principle plays in the compatibility of domestic direct tax measures with the fundamental freedoms. During a critical and dogmatically oriented journey through the CJEU ́s case law, the reader can enjoy a comprehensive analysis, containing references to more than 300 cases. Without a doubt, this timeless reflection of the tension between the principle of territoriality and the fundamental freedoms is not only interesting from a dogmatic perspective, but also from a tax policy one.
Advanced Case Law Methods: A Practical Course
Author: Richard CappalliPublisher: BRILL
ISBN: 9004479716
Category : Law
Languages : en
Pages : 546
Book Description
This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law. For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear. Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers. Published under the Transnational Publishers imprint.