Author: Thomas H. CalvertPublisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 406
Book Description
Regulation of Commerce Under the Federal Constitution
Author: Thomas H. CalvertPublisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 406
Book Description
Regulation of Commerce Under the Federal Constitution (Classic Reprint)
Author: Thomas H. CalvertPublisher: Forgotten Books
ISBN: 9781333338237
Category : Law
Languages : en
Pages : 404
Book Description
Excerpt from Regulation of Commerce Under the Federal Constitution The Federal Employers' Liability Act of June 11, 1906, has recently been the subject of judicial condemnation.l The statute in part and in efiect declares the liability of every common carrier engaged in commerce between the several States for injuries to any of its employees, abrogates the assumption of risk and fellow-servant doctrines, and imposes the doctrine of comparative negligence. The first point considered by the court was whether regulating the relation of master and ser vant can be regarded as a subject of commerce or as a rule for carrying it on. Though the court answered the point in the negative, we have the impression that it has never been questioned until this case that the power of Congress over the instru mentalities of commerce covers every relation and necessarily includes the declaration of the rules of liability of interstate carriers to their employees, and especially when such rules are obviously adopted for the purpose of impressing upon the carriers the duty of exercising every precaution for the safety of their employees. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Commerce Clause of the Federal Constitution
Author: Ezra Parmalee PrenticePublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 470
Book Description
Regulation of Commerce Under the Federal Constitution
Author: Thomas H. CalvertPublisher: Fred B Rothman & Company
ISBN: 9780837704296
Category : Law
Languages : en
Pages : 0
Book Description
An analysis of the relative positions of the Federal & State governments on this important topic. The principles are backed up by leading cases of the day.
The Act to Regulate Commerce
Author: Hubert Bruce FullerPublisher: Forgotten Books
ISBN: 9780484372374
Category : Reference
Languages : en
Pages : 598
Book Description
Excerpt from The Act to Regulate Commerce: Construed by the Supreme Court The Commerce Clause contains one of the most important grants of power to the United States to be found in the Federal Constitution. Adopted merely for the purpose of preventing disputes among the states which had recently formed the Con federation, it has been the source of varied and potent legisla tion governing the intricate problems of interstate traffic incident to a complicated and highly developed industrial and social life. Framed to suit the inconsequential problems offered by a traffic handled by stage coach, ox cart and sailing vessel, it has served as the vehicle to govern the important questions arising from an enormous volume of traffic handled by the railroad, the steamer, and other agencies of commerce. A preliminary chapter has been included to trace at least in outline the genesis and development of legislation under the Commerce Clause. The literature of the subject, both political and economic as well as legal, appears to be well nigh inexhaustible. Yet there has seemed room for a further discussion of certain features of the Act to Regulate Commerce. The findings of the Interstate Commerce Commission to date fill some thirty large volumes. The decisions of the lower Federal courts upon this act are only less voluminous. On the other hand, the decisions of the Su preme Court which constitute the last word on the question, and from which no appeal can be taken, have often not been treated by writers on this subject with the measure of importance which should be accorded them. Many of the most important of these decisions have been handed down by that court since the appear ance of any treatise on this act. It has seemed desirable, there fore, to collate these decisions, to include an exhaustive discus sion of them within the confines of a single volume and to bring them down to the latest possible date. Such a volume could be of particular value to the lawyer who does not have at his dis posal a large legal library. It would constitute the law of the Act to Regulate Commerce so far as that law has been finally deter mined. Decisions of the lower courts, subject to review and, therefore, to being overruled, have been omitted from discussion in this work. It is hoped that the volume will fill a place hitherto unoccupied in the bibliography of the Act to Regulate Commerce. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Regulation of Commerce Under the Federal Constitution
Author: Thomas Henry CalvertPublisher: Palala Press
ISBN: 9781355911340
Category :
Languages : en
Pages : 404
Book Description
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 was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.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.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. 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.
The Commercial Power of Congress, Considered in the Light of Its Origin
Author: David Walter BrownPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300
Book Description
The Commerce Clause of the Federal Constitution
Author: Frederick Hale CookePublisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 406
Book Description
The Constitution and Economic Regulation
Author: Michael ConantPublisher: Routledge
ISBN: 1351298305
Category : Law
Languages : en
Pages : 536
Book Description
This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.
The Act to Regulate Commerce
Author: Hubert Bruce FullerPublisher:
ISBN:
Category : Interstate commerce
Languages : en
Pages : 608
Book Description