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Statutory Provisions and Higher Court Interpretations

Louis Kaplow

in Competition Policy and Price Fixing

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691158624
eISBN:
9781400846078
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691158624.003.0004
Subject:
Economics and Finance, Economic History

This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court ... More


Insiders/Outsiders: Managing Immigration at the Border

Rachel St. John

in Line in the Sand: A History of the Western U.S.-Mexico Border

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141541
eISBN:
9781400838639
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141541.003.0008
Subject:
History, American History: early to 18th Century

This chapter traces the emergence of an immigration-control apparatus on the boundary line and how political and economic conditions influenced how and against whom the nation-states used it. As U.S. ... More


1. The Rule of Recognition and the Constitution +

KENT GREENAWALT

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter is about ultimate standards of law in the United States. It attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of ... More


The U.S. Legal Response to the Protection of the World Cultural Heritage

Neil Brodie, Morag M. Kersel, and Kathryn Walker Tubb

in Archaeology, Cultural Heritage, and the Antiquities Trade

Published in print:
2006
Published Online:
September 2011
ISBN:
9780813029726
eISBN:
9780813039145
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9780813029726.003.0003
Subject:
Archaeology, Methodology and Techniques

This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention ... More


2. Precedent-Based Constitutional Adjudication, Acceptance, and the Rule of Recognition

RICHARD H. FALLON

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate ... More


The Rule of Recognition and the U.S. Constitution

Matthew Adler and Kenneth Einar Himma (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.001.0001
Subject:
Law, Constitutional and Administrative Law

This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in ... More


Government Moralism

Peter de Marneffe

in Liberalism and Prostitution

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195383249
eISBN:
9780199870554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383249.003.0003
Subject:
Philosophy, Political Philosophy

The paternalistic argument for prostitution laws does not presuppose that it is inherently wrong or immoral to exchange sex for money. Nor does it presuppose that prostitution laws could be justified ... More


Justice, Community, and Solidarity in the American Battle over Affirmative Action

Vincent D. Rougeau

in Christians in the American Empire: Faith and Citizenship in the New World Order

Published in print:
2008
Published Online:
October 2011
ISBN:
9780195188097
eISBN:
9780199852109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195188097.003.0004
Subject:
Religion, Theology

This chapter suggests that the way U.S. law approaches race and affirmative action is deeply flawed. This “misrepresentation” has made it impossible for the law to deal honestly and effectively with ... More


Economic Reasoning and Judicial Review *

Stephen Breyer

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0038
Subject:
Law, Legal History

This chapter deals with the use of economics in the law, and in particular, at the U.S. Supreme Court. It illustrates how the partnership between economy and law functions at the Supreme Court of the ... More


The Expansion of Modern U.S. Tort Law and Its Excesses

George L. Priest

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0012
Subject:
Political Science, American Politics

This chapter discusses the expansion of the U.S. tort law and its excesses. It first presents a brief history of conceptions of tort law and how they are transformed. It then discusses the rise of ... More


Modern Laws: 1990–Today

in Knowledge as Power: Criminal Registration and Community Notification Laws in America

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804757102
eISBN:
9780804771399
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757102.003.0003
Subject:
Law, Criminal Law and Criminology

Interest in criminal registration laws experienced a dramatic resurgence in the 1990s. While in 1990 only a handful of states had registration laws, by the middle part of the decade registration was ... More


Wild-West Cowboys versus Cheese-Eating Surrender Monkeys: Some Problems in Comparative Approaches to Hate Speech

Eric Heinze

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0011
Subject:
Law, Human Rights and Immigration

All European states prohibit some form of hate speech. U.S. law fundamentally precludes such bans. Euro-American comparisons can shed light on debates about hate speech, but little attention has been ... More


Competition Law and Development: Lessons from the U.S. Experience

Thomas C. Arthur

in Competition Law and Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780804785716
eISBN:
9780804787925
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804785716.003.0005
Subject:
Law, Competition Law

This chapter first briefly describes the founding and early development of the U.S. antitrust regime, explaining how it came to take the unique form that it did. It also describes how, and how well, ... More


Property

Joshua Barkan

in Corporate Sovereignty: Law and Government under Capitalism

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816674268
eISBN:
9781452947358
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816674268.003.0003
Subject:
Political Science, Public Policy

This chapter describes the treatment of corporations as a form of private property that occurred within the context of debates over sovereignty, government, and political economy during the late 18th ... More


Early Laws: 1930–1990

in Knowledge as Power: Criminal Registration and Community Notification Laws in America

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804757102
eISBN:
9780804771399
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804757102.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter traces the evolution of American criminal registration laws, starting in the 1930s when cities and counties rushed to enact laws. While motivated by fear of an increasingly mobile and ... More


Gendered Asylum: Race and Violence in U.S. Law and Politics

Sara L. McKinnon

Published in print:
2016
Published Online:
April 2017
ISBN:
9780252040450
eISBN:
9780252098888
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252040450.001.0001
Subject:
Sociology, Migration Studies (including Refugee Studies)

Women filing gender-based asylum claims have long faced skepticism and outright rejection within the U.S. immigration system. Despite erratic progress, the United States still fails to recognize ... More


An English Lawyer Looks at American Contract Law

Michael Bridge

in The American Illness: Essays on the Rule of Law

Published in print:
2013
Published Online:
October 2013
ISBN:
9780300175219
eISBN:
9780300195071
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300175219.003.0014
Subject:
Political Science, American Politics

This chapter presents a comparative analysis of U.S. and English contract law. It considers the principles and misgiving about unconscionability and good faith, drawing appropriate comparisons with ... More


Undocumented and in College: Students and Institutions in a Climate of National Hostility

Terry-Ann Jones

Laura Nichols (ed.)

Published in print:
2017
Published Online:
January 2018
ISBN:
9780823276165
eISBN:
9780823277186
Item type:
book
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823276165.001.0001
Subject:
Sociology, Education

The current daily experiences of undocumented students as they navigate the processes of entering and then thriving in Jesuit colleges are explored in this book alongside an investigation of the ... More


Personhood

Joshua Barkan

in Corporate Sovereignty: Law and Government under Capitalism

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816674268
eISBN:
9781452947358
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816674268.003.0004
Subject:
Political Science, Public Policy

This chapter explains the reworking of corporate sovereignty in the context of modern U.S. corporate law by describing corporate personhood and analyzing 19th- and early-20th-century literature of ... More


Introduction

Sara L. McKinnon

in Gendered Asylum: Race and Violence in U.S. Law and Politics

Published in print:
2016
Published Online:
April 2017
ISBN:
9780252040450
eISBN:
9780252098888
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252040450.003.0001
Subject:
Sociology, Migration Studies (including Refugee Studies)

This introductory chapter establishes the groundwork for an analysis on how subjects are racialized and thus “differently coded” as worthy (or not worthy) of refuge in the United States because of ... More


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