Kanerva V. Weems

Kanerva V. Weems
Title Kanerva V. Weems PDF eBook
Author
Publisher
Pages 166
Release 2013
Genre
ISBN

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Docket No. 117638

Docket No. 117638
Title Docket No. 117638 PDF eBook
Author
Publisher
Pages 238
Release 2014
Genre Legal briefs
ISBN

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In Re Pension Reform Litigation

In Re Pension Reform Litigation
Title In Re Pension Reform Litigation PDF eBook
Author
Publisher
Pages 92
Release 2015
Genre
ISBN

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Docket No. 119618

Docket No. 119618
Title Docket No. 119618 PDF eBook
Author
Publisher
Pages 210
Release 2015
Genre Legal briefs
ISBN

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The Contract Clause

The Contract Clause
Title The Contract Clause PDF eBook
Author James W. Ely, Jr.
Publisher University Press of Kansas
Pages 384
Release 2016-10-28
Genre Law
ISBN 0700623078

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Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Walker V. McGuire

Walker V. McGuire
Title Walker V. McGuire PDF eBook
Author
Publisher
Pages 142
Release 2014
Genre Legal briefs
ISBN

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Kaskos V. Bauer

Kaskos V. Bauer
Title Kaskos V. Bauer PDF eBook
Author
Publisher
Pages 128
Release 2016
Genre Legal briefs
ISBN

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