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The Contract Clause

Author : James W. Ely, Jr.
Publisher : University Press of Kansas
Page : 384 pages
File Size : 40,53 MB
Release : 2016-10-28
Category : 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to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals.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.

Kaskos V. Bauer

Author :
Publisher :
Page : 128 pages
File Size : 45,42 MB
Release : 2016
Category : Legal briefs
ISBN :

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Employment Law Update, 2016 Edition

Author : Henry H. Perritt, Jr.
Publisher : Wolters Kluwer
Page : 360 pages
File Size : 43,98 MB
Release : 2016-03-08
Category : Law
ISBN : 145487290X

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Employment Law Update, 2016 Edition analyzes recent developments in case law of interest to employment law practitioners representing plaintiffs, defendants, and labor unions and comprehensively covers recent developments in the rapidly changing employment and labor law field. Comprised of nine chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2016 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Some of the new material discussed in this 2016 Edition include: Trans-boundary shipments of hazardous wastes (revisions to the list of OECD member countries) Extensive revisions and new requirements for secondary containment and operator training for underground storage tanks Final authorization of state hazardous waste management program revisions for Idaho, North Carolina, Michigan, Louisiana, and Texas Final authorization of state-initiated changes and incorporation by reference of state hazardous waste management program for Texas And more!

Human Memory

Author : Gabriel A. Radvansky
Publisher : Taylor & Francis
Page : 656 pages
File Size : 29,30 MB
Release : 2017-03-13
Category : Psychology
ISBN : 1134871732

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This book provides a complete survey of research and theory on human memory in three major sections. A background section covers issues of the history of memory, and basic neuroscience and methodology. A core topics section discusses sensory registers, mechanisms of forgetting, and short-term/working, nondeclarative, episodic, and semantic memory. Finally, a special topics section includes formal models of memory, memory for space and time, autobiographical memory, memory and reality, and more. Throughout, the author weaves applications from psychology, medicine, law, and education to show the usefulness of the concepts in everyday life and multiple career paths. Opportunities for students to explore the assessment of memory in laboratory-based settings are also provided. Chapters can be covered in any order, providing instructors with the utmost flexibility in course assignments, and each one includes an overview, key terms, Stop and Review synopses, Try it Out exercises, Improving Your Memory and Study in Depth boxes, study questions, and Putting It All Together and Explore More sections. This text is intended for undergraduate or graduate courses in human memory, human learning and memory, neuropsychology of memory, and seminars on topics in human memory. It can also be used for more general cognitive psychology and cognitive science courses. New to this edition: - Now in full color. - More tables, graphs, and photos to help students visualize concepts. -Improving Your Memory boxes highlight the practical aspects of memory, and Study in Depth boxes review the steps of how results were constructed. -The latest memory research on the testing effect, the influences of sleep, memory reconsolidation, childhood memory, the default mode network, neurogenesis, and more. -Greater coverage of neuroscience, fMRIs, and other recent advances such as NIRS and pupilometry. -A website at www.routledge.com/cw/radvansky with outlines, review points, chapter summaries, key terms with definitions, quizzes, and links to related websites, videos, and suggested readings for students as well as PowerPoints, multiple-choice and essay questions, discussion questions, and a conversion guide for current adopters for instructors.