Gibbons v. Ogden, Law, and Society in the Early Republicexamines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate ...commerce.Decided in 1824,Gibbons v. Ogdenarose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall's court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history.Gibbons v. Ogdeninitially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress-cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states' rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided-the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
This article aims to serve as a "starter's guide" for franchisors who might be interested in pursuing environmentally friendly franchise-wide initiatives and explores the legal considerations that ...franchisors must address in order to pursue these initiatives. This article also advises franchisors on potential sources of litigation that may arise from these "Green Initiatives" and how to prepare for them.
The Beatles, the most popular, influential, and important band of all time, have been the subject of countless books of biography, photography, analysis, history, and conjecture. But this long and ...winding road has produced nothing like Baby You're a Rich Man, the first book devoted to the cascade of legal actions engulfing the band, from the earliest days of the loveable mop-heads to their present prickly twilight of cultural sainthood. Part Beatles history, part legal thriller, Baby You're a Rich Man begins in the era when manager Brian Epstein opened the Pandora's box of rock 'n' roll merchandising, making a hash of the band's licensing and inviting multiple lawsuits in the United States and the United Kingdom. The band's long breakup period, from 1969 to 1971, provides a backdrop to the Machiavellian grasping of new manager Allen Klein, who unleashed a blizzard of suits and legal motions to take control of the band, their music, and Apple Records. Unsavory mob associate Morris Levy first sued John Lennon for copyright infringement over "Come Together," then sued him again for not making a record for him. Phil Spector, hired to record a Lennon solo album, walked off with the master tapes and held them for a king's ransom. And from 1972 to 1975, Lennon was the target of a deportation campaign personally spearheaded by key aides of President Nixon (caught on tape with a drug-addled Elvis Presley) that wound endlessly through the courts. In Baby You're a Rich Man, Stan Soocher ties the Beatles' ongoing legal troubles to some of their most enduring songs. What emerges is a stirring portrait of immense creative talent thriving under the pressures of ill will, harassment, and greed. Praise for They Fought the Law: Rock Music Goes to Court "Stan Soocher not only ably translates the legalese but makes both the plaintiffs and defendants engrossingly human. Mandatory reading for every artist who tends to skip his contract's fine print."-Entertainment Weekly
The text examines the possibility of statistical evidence use in Brazilian law, particularly in the field of complex litigation. We discuss the parameters for the use of this source of evidence and ...its strength in judicial debate.
The text examines the possibility of statistical evidence use in Brazilian law, particularly in the field of complex litigation. We discuss the parameters for the use of this source of evidence and ...its strength in judicial debate. Keywords: Statistical evidence; Evidence; Complex litigation; Scientific evidence. O texto examina a possibilidade do emprego da prova estatistica no direito brasileiro, particularmente no campo dos litigios complexos. Discute-se sobre os parametros para o emprego dessa prova e sua forca probante na argumentacao judicial. Palavras-chave: Prova estatistica; Prova; Litigios complexos; Prova cientifica.
The study intends to demonstrate that the Brazilian Federal Supreme Court (STF) uses a kind of "covert relevance filter", by which the Justices, in individual decisions, reject cases because they are ...not considered important, although not openly admitting it, nor using the formal mechanisms designed for that purpose. This is due to two basic reasons: (a) the understanding that the lack of general repercussion refers to abstract legal questions, not concrete cases; and (b) the high quorum of two thirds to formally deny general repercussion. Thus, the Court obscures the distinction between the constitutional character of the dispute and its relevance. This generates inconsistencies demonstrable by the observation that several matters repeatedly considered as non constitutional turn out to be seen as constitutional, even without any normative changes, when the Justices, for some reason, begin to see them as relevant. That way of working lies at the root of the Court's functionality crisis: in reality, it sacrifices the transparency, the coherence and the quality of STF's decisions, making it even more overwhelmed, because this system ends up only feeding back litigation, generating incentives and pretexts to endless appealing.
Leveraging as a quasi-natural experiment the staggered passage of universal demand laws, which raise the difficulty of shareholder lawsuits, we examine the effect of shareholder litigation rights on ...ESG controversies. Our difference-in-differences estimates show that an exogenous decline in shareholder litigation risk results in a significant drop in ESG controversies. Specifically, ESG controversies fall by 40.85% in response to an exogenous reduction in litigation risk. When more insulated from shareholder litigation, managers prefer to live a quiet life, intentionally avoiding risky and contentious activities, which require more managerial time and effort. Additional analysis validates the results, including propensity score matching, entropy balancing, and Oster's (2019) testing of coefficient stability. Finally, we find that ESG controversies erode firm profitability considerably, consistent with the theoretical expectations.
•Shareholder litigation risk contributes to ESG controversies in firms.•ESG controversies fall by 40.85% in response to an exogenous reduction in litigation risk.•Insulated from shareholder litigation, managers prefer to live a quiet life.•ESG controversies erode firm profitability.•Robust results from difference-in-differences, propensity score matching, entropy balancing, and Oster's (2019) test.
Since "ecological civilization" was written into the constitution, China has continuously strengthened ecological and environmental protection and innovatively established an environmental public ...interest litigation system. However, China's current environmental public interest litigation system is not sound, especially since the types and scope of environmental public interest litigation are unclear, which is the core problem we aim to solve. To explore the types of environmental public interest litigation in China and the possibility of expanding new fields, we first used the normative analysis method to review the legislation of environmental public interest litigation in China and then conducted an empirical analysis of 215 judgment documents of environmental public interest litigation in China, and we concluded that the legal types and scope of application of environmental public interest litigation in China are constantly expanding. To reduce environmental pollution and ecological damage as much as possible, we argue that China should further expand the application of environmental administrative public interest litigation to improve the environmental civil public interest litigation system and adhere to the criteria of "behavior standards first, result standards second" and "prevention first, recovery second". At the same time, through the internal connection mechanism between procuratorial suggestions and environmental administrative public interest litigation, the external cooperation between environmental organizations, procuratorates, and environmental administrative departments should be strengthened, and a new mechanism for environmental public interest litigation should be established and improved to accumulate useful experience in the judicial protection of China's ecological environment.
PDF
