law of the case doctrine new york

45865 results for law of the case doctrine new york

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  • A Catalyst in the Cotton: The Proper Allocation of the Goodwill of Closely Held Businesses and Professional Practices in Dissolution of Marriages

    I Introduction- II Background: Goodwill - Origin, Foundation, and Concepts - A Doctrinal Foundations of Property: Patrimonial and Extra-patrimonial Concepts - 1 The Classification Question: When Is Good will "Property?"- 2 Uncritically Accepted Assumptions - 3 A Note of Caution- B The Original Goodwill at Common Law - 1 Initial Definition and Subsequent Development of Goodwill within...

    ...The Ellington case turned upon the treatment and value of the goodwill of their ... section begins by contrasting and comparing the civilian doctrine of clientele with goodwill in Part III.A. Treatment of the ... reminded of the comment supposedly made by the one term New York Mayor "be Beame, circa 1975; words to the effect that he would ...

  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    ... as a repudiation of one of the more politically divisive cases of the nineteenth century. Under common law, free persons born ... for a jury (except in capital cases) of eight persons); New York ex rel. Bryant v. Zimmerman, 278 U.S. 63 , 71 (1928) (statute ... rights of its citizens, and one of the most important doctrines flowing from this is the application of the Bill of Rights to the ...

  • Section 1: Legislative Powers

    ... as a consequence, violations of the separation-of-powers doctrine by the legislatures of the States were common-place events prior ...And, indeed, it is only in the last two decades that cases involving the doctrines have regularly been decided by the Court. .... Notice Clinton v. City of New York, 524 U.S. 417 (1998), in which the Court struck down the Line ...

  • Section 10: Powers Denied to the States

    ...In the early case of Holmes v. Jennison , Chief Justice Taney invoked it as a ... a state court, it has always adhered in terms to the doctrine that the word "laws" as used in Article I, § 10, does not ... the earliest cases to assert this principle occurred in New York in 1826. The corporation of the City of New York, having conveyed ...

  • First Amendment: Religion And Free Expression

    ... tests the Court has articulated to adjudicate the religion cases. At the same time it should be emphasized that the Court has ... clauses prevent governmental inquiry into religious doctrine in settling such disputes, and instead require courts simply to ... striking down the Title I program as administered in New York City as well as the analogous parts of its decisions in Meek v. ...

  • The Ohio Castle Doctrine: Shielding Criminals with a Presumption of Self-Defense
  • Section 2: Judicial Power and Jurisdiction

    Clause 1. Cases and Controversies; Grants of Jurisdiction . Clause 1. The ... have been encapsulated in a series of principles or doctrines, the application of which determines whether an issue is meet for ... arising out of contracts of affreightment between New York and Providence. . Power of Congress To Modify Maritime Law .-The ...

  • Section 1: The President

    ... The immediate source of Article II was the New York constitution, in which the governor was elected by the people and ..., in a succeeding section, proceeds to delineate particular cases of executive power. It declares, among other things, that the ...The general doctrine of our Constitution then is, that the executive power of the ...

  • Section 1: Full Faith and Credit

    ... in rem , to which all the world are parties." The pioneer case was Mills v. Duryee , decided in 1813. In an action brought in ... of a state court for this purpose, on a judgment from a New York court, the defendant endeavored to reopen the whole question of ...Reiterating the doctrine that jurisdiction to grant divorce is founded on domicile, a ...

  • Section 8: Powers of Congress

    ...This case also qualified Pollock v. Farmers' Loan & Trust Co. to the ...The second attempt to formulate a general doctrine was made in New York v. United States , where, on review of a ...

  • Corporate control and idiosyncratic vision.

    ... sheds light on some of the most puzzling aspects of Delaware case law and jurisprudence concerning firms with controlling ... should shape both governance arrangements and corporate doctrine moving forward. . In Section IV.B, we discuss the rights that .../perma.CC/AW79-7FRP]; James Surowiecki, Unequal Shares, New Yorker (May 28, 2012), ...

  • The limitations of tradition: how modern choice of law doctrine can help courts resolve conflicts within the New York Convention and the federal Arbitration Act.

    ...This Comment focuses on the United States and the Federal Arbitration Act as a case study. (5) It suggests that applying modern American choice of law doctrine to the Federal Arbitration Act, mainly by limiting the application of the statute of limitations contained in section 207 ...

  • Section 2: Powers and Duties of the President

    ... Pardons for Offences against the United States, except in Cases of Impeachment. . Commander-in-Chief . Development of the ...An opinion by a New York surrogate deals adequately, though not authoritatively, with the ... argued Milligan case, reverting to the older doctrine, pronounced void President Lincoln's action, following his ...

  • Power of appointment legislation in New York: it's time for modernization.

    ..., most well-drafted powers include a gift-in-default of the exercise provision so that is such cases the property should pass under that clause. Passing under the donee's residuary clause would ...(193) New York case law does not recognize the doctrine of substantial compliance in the area of discretionary powers of appointment. (194) . 2. ...

  • The Antitrust Constitution

    Antitrust is today viewed almost exclusively in strictly economic terms. Under the nearly ubiquitous "rule of reason," conduct is condemned or saved by courts largely based on their evaluation of the conduct’s effect on economic efficiency. But many aspects of antitrust law cannot be explained by efficiency analysis. The full sweep of antitrust makes sense only when one considers other...

  • Fifth Amendment: Rights Of Persons

    ... first assembly permitted to be elected in the colony of New York. Included from the first in Madison's introduced draft of the ... the sole method for preferring charges in serious criminal cases shows the high place it held as an instrument of justice. And in ..., not that of the other." The "dual sovereignty" doctrine is not only tied into the existence of two sets of laws often ...

  • Section 3: Admission of New States to Union; Property of United States

    ... . Doctrine of the Equality of States . "Equality of constitutional right ... waters and soils under them, in controversy in this case, subject to the rights surrendered by the Constitution to the ...New York ex rel. Kennedy v. Becker, 241 U.S. 556 (1916). See also ...

  • Section 3: Legislative, Diplomatic, and Law Enforcement Duties of the President

    ... Committee took occasion to reiterate Marshall's doctrine with elaboration. . A Formal or a Formative Power .-In his ... the precise extent and effect of this function in various cases which fancy may suggest, or which time may produce. It will be ...In New York Times Co. v. United States , the Government sought to enjoin two ...

  • Originalism as a theory of legal change.

    ... the law has clearly been violated, we rely on various doctrines found elsewhere in the law to cure the violations or to prevent ... The Constitution forbids habeas suspensions "unless when in Cases of Rebellion or Invasion the public Safety may require it"; (126) ...," as well as American practice "since at least 1784"); New York v. New Jersey, 523 U.S. 767, 784 (1998) (discussing the effect of ...

  • The jurisprudence of the Hughes Court: the recent literature.

    ..., represented a significant shift in constitutional doctrine equal to any that came later." (424) For Nebbia "ultimately laid ...New York ex rel. Tipaldo (1936)." (426) . With respect to developments in ... doctrines that emerged in Jones & Laughlin" and later cases. (433) Indeed, he cautions against exaggeration of the ...

  • Restraining notices.

    C. Notice to the Debtor in the Case of Bank Accounts . New section 5222-a piles extra burdens on the ...One New York justice has so held. (836) But the New York Court of Appeals has ..., Note, Appraising a Presumption: A Modern Look at the Doctrine of Specific Performance in Real Estate Contracts, 47 Wm. & Mary ...

  • Environmental crimes.

    ... increased or decreased depending on the circumstances of the case. (393) . 2. Regulation of Drinking Water Coolers . Congress ... officers under the responsible corporate officer doctrine. (553) RCRA's minimal knowledge requirements impose near-strict ... of cigarettes to in-state consumers, pursuant to New York's police powers, did not violate the dormant Commerce clause). ...

  • First through Tenth Amendments: Bill of Rights

    ... or of the press, and the right of trial by jury in criminal cases shall not be infringed by any State." In spite of this ...New York , the Court in dictum said: "For present purposes we may and do ... aid of counsel is of this fundamental character." The doctrine of this period was best formulated by Justice Cardozo, who ...

  • Dirty Silver Platters: The Enduring Challenge of Intergovernmental Investigative Illegality

    This Essay addresses a longstanding concern in American criminal justice: that law enforcement agents of different governments will work together to evade a legal limit imposed by one of the governments. In the past, with the U.S. Supreme Court in the lead, courts were prone to closely scrutinize intergovernmental investigative efforts, on vigilant guard against what the Court called improper &quo

  • The dynamic incorporation of foreign law and the constitutional regulation of federal lawmaking.

    ... to select two, four, or more branches of government; in the case of a crown or dictatorship, just one branch. If the country is ...(280) . 2. The "Private Nondelegation Doctrine" . Most scholars would argue that the argument made above is ... could not have regulated the advertiser's activity in New York, and obviously could not have proscribed the activity in that ...