... is the 1873 case heard before the Pennsylvania Supreme Court, Wier's Appeal, in which several res... significant concern with the fair share doctrine: the extent to which such a requirement of a munic... municipalities to "become and remain attractive, viable communities providing good living and adeq...
..., and one of the most important doctrines flowing from this is the application of the Bill o... On the other hand, in Pennsylvania Coal Co. v. Mahon , a Pennsylvania statute which ..., an analogy was drawn to public nuisance law, so that States and their municipal subdivisio... State may have made childbirth a more attractive alternative, thereby influencing the woman's decis...
... also designed to make the City more attractive and to create leisure and recreational opportuniti..." formula in our regulatory takings doctrine. See Lingle v. Chevron U. S. A. Inc. , 544 U. S... adversely impacted the public welfare: nuisance law. Blackstone and Kent, for instance, both caref... battlefield memorials at Gettysburg, Pennsylvania, was for a public use. Id. , at 679-680. Since th...
... and economic life is understandably attractive to many. The promise for the casual observer is of... extent that 'background principles of nuisance and property law' independently restrict the owner...2074 (2005). . (444) See also, Pennsylvania Coal Co. V. Mohan, 260 US 393 (1922), wherein the ...courts have rejected the doctrine of regulatory takings .. Some Chapter 11 plaintiff...
... of the other." The "dual sovereignty" doctrine is not only tied into the existence of two sets of... information was "in principle an attractive and apparently practical resolution of the difficu...After considering traditional nuisance law, the Court determined that the public interest... protection was included in the Pennsylvania Declaration of Rights of 1790, which had language ...
This article takes a closer look at whether the single employer doctrine appropriately limits the small firm exemption, particularly in Title VII (Civil Rights Act 1964) and the employment discrimination laws modeled after Title VII. Small firms are exempt from Title VII because the Act defines "employer" as a person who has fifteen or more employees. When separate corporations are a "single employer," they are treated as one entity for one or more employment law purposes, including satisfaction of statutory coverage thresholds. The rhetoric of the congressional debate presented the exemption as protection for small, individually and family-owned businesses, not subsidiaries of multi-corporate enterprises. Tradition, statutory text, and congressional intent appear to support the single ...
... of affiliated railways, such as the 'Pennsylvania System,"which combined a number of separately inco..., the claim might still have enough "nuisance" value to fortify the employee's demand for some s... benefits, it is doubtful that they are attractive clients for the staffing services industry. If so,...
...: NAVIGATING RIPENESS AND PRECLUSION DOCTRINES A. The Williamson County-San Remo Hotel Bar to Fed... have taken their property--not an attractive claim to present to those very same state courts. ... a neighbor's vegetation constitutes a nuisance. (58) But even if one deems that decision to have ... sought only injunctive relief, to a Pennsylvania statute limiting coal mining in areas at risk of l...
... as "political questions." The doctrine "derives from the judiciary's concern for its poss... toxic effluents; (9) creating a public nuisance to health; (10) creating a private nuisance by imp... judiciary, and had to rely on Pennsylvania state courts to provide a remedy. The national gov... towards grandiose moral posturing, attractive to people who judge disputes in societies where th...
...S. 341 , and its progeny. Under this doctrine, a state law or regulatory scheme can be the basis...Preate, Jr., Attorney General of Pennsylvania, Thomas L. Welch, Chief Deputy Attorney General, a... may serve as nothing more than an attractive nuisance in the economic sphere. To oppose these p...
Torts — Negligence — Attractive nuisance — Unused residential swimming pool — Level of duty property owner owes to a child trespasser — Possessor of land subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land, when — Adult who attempts to rescue a child from an attractive nuisance assumes the status of the child and is owed a duty of ordinary care by the property owner.
...2. . While the attractive nuisance doctrine is not ordinarily applicable to adults, it may be ... the person who required assistance." Pennsylvania Co. v. Langendorf (1891), 48 Ohio St. 316, 28 N.E....
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