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In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Author : Christopher J. Peters Publisher : Springer Science & Business Media Page : 231 pages File Size : 42,5 Mb Release : 2014-02-11 Category : Law ISBN : 9789400779518
Precedent in the United States Supreme Court by Christopher J. Peters Pdf
This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.
Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States by United States. Congress. Senate. Committee on the Judiciary Pdf
Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This inaugural volume in Palgrave’s new SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending in 2018, covering issues such as gay rights, religious liberty, public sector unions, coerced speech, digital privacy, voting rights, and the Trump travel ban. Bringing together notable scholars of the Court in one volume, the chapters in Scotus 2018 present the details of each ruling in its specific case, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2018 offers a big-picture look at Justice Neil Gorsuch’s first full term in office, the legal and political legacy of former Justice Anthony Kennedy, and the controversial nomination and confirmation of Justice Brett Kavanaugh.
A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
CONTENTS 1. The dissenting opinion 2. Ten major strikes 3. Read all about it! 4. Timeline 5. Seven types of US obstruction of justice 6. Breaking news 7. Judge-would you look at fifty flaws in the Andersen ruling. 8. Let's review the evidence again. 9. There are at least four corrupt persuaders 10. Conclusion 11. My last Judgment 12. Parents should decide
The Stacked Deck and the Myth of Sovereignty by Louis A Coutts Pdf
How could the simple planting of a flag by a sailor mysteriously transfer total control over the destinies of the original inhabitants of Australia to a distant king of whom they had never heard? The sad answer to this question involves a series of illegal and corrupt decisions by the highest courts in England and Australia over more than 200 years. These decisions have served to deny the sovereignty of First Nations people. But these same decisions do not withstand rigorous legal scrutiny. From the mis-application of the doctrine of Terra Nullius to the dependence on flawed and discredited precedent in calling on the doctrine of Act of State, the illegality of the dispossession of Australia’s indigenous people is laid bare. This legal deconstruction of the major cases reveals the extreme fragility of the arguments denying Indigenous sovereignty. In fact, it shows that the very arguments used to deny this sovereignty, actually demand its recognition. The Australian High Court has tied itself in knots to avoid facing the reality of Indigenous sovereignty. These knots are a legal fiction whose undoing illustrates the advantages of joint sovereignty as a just way forward for all Australian people.
Financial Modeling and Valuation by Paul Pignataro Pdf
The fully revised new edition of the best-selling guide to using financial models to determine if a stock is over or undervalued Written by the founder and CEO of the world-renowned New York School of Finance, Financial Modeling and Valuation provides clear and systematic guidance on accurately evaluating the soundness of a stock investment. This invaluable handbook equips investors with the tools necessary for understanding the underlying fundamentals of a rational investment and for making smarter investment decisions in any market environment. Built around an in-depth case study of global retail leader Amazon, this fully updated Second Edition shows you how to analyze the financial standing of a company using the methods of Wall Street professionals. Step-by-step, you will learn to build the core three statements—income statement, cash flow statement, and balance sheet—as well as the three major supporting schedules required for complete company valuation and analysis. All line items are explained in clear language and include real-world tips and techniques for using them as tools for valuing and managing a business. This must-have guide: Features new and in-depth case studies based on Amazon that simulate real-world modelling and valuation Explains valuation techniques such as illustrative comparable company analysis, precedent transactions analysis, and discounted cash flow analysis Covers all essential applications of a model, including pricing a stock, raising debt, and raising equity Includes an introductory section describing the recent and dramatic shift of the entire retail industry Provides end-of-chapter questions, downloadable practice models, additional case studies, and common interview questions via a companion website Financial Modeling and Valuation: A Practical Guide to Investment Banking and Private Equity, Second Edition is essential reading for finance professionals, venture capitalists, individual investors, and students in investment banking and related degree programs in finance.
The Technical Interview Guide to Investment Banking by Paul Pignataro Pdf
Win the recruiting race with the ultimate analyst's guide to the interview The Complete, Technical Interview Guide to Investment Banking is the aspiring investment banker's guide to acing the interview and beginning your journey to the top. By merging a 'study guide' to the field with a forecast of the interview, this book helps you prepare for both content and structure; you'll brush up on important topics while getting a preview of the questions your interviewers are likely to ask. Covering financial statements, valuation, mergers and acquisitions, and leveraged buyouts, the discussion provides the answers to common technical questions while refreshing your understanding of the core technical analyses behind core models and analyses. Each chapter includes a list of the questions you will almost certainly be asked—along with the answers that interviewers want to hear—from the basic Q&A to the advanced technical analyses and case studies. This guide will reinforce your knowledge and give you the confidence to handle anything they can throw at you. You will receive an expert synopsis of the major points you need to know, to ensure your understanding and ability to handle the multitude of questions in each area. Double-check your conceptual grasp of core finance topics Plan your responses to common technical and analysis questions Understand how to analyze and solve technical analyses and cases Gain insight into what interviewers want to hear from potential hires Become the candidate they can't turn away You've positioned yourself as a competitive candidate, and the right job right now can chart your entire career's trajectory. Now you just have to win the recruiting race. The Complete, Technical Interview Guide to Investment Banking is the ultimate preparation guide to getting the job you want.
As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.
Let Right Be Done by Hamar Foster,Heather Raven,Jeremy Webber Pdf
In 1973 the Supreme Court of Canada issued a landmark decision in the Calder case, confirming that Aboriginal title constituted a right within Canadian law. Let Right Be Done examines the doctrine of Aboriginal title thirty years later and puts the Calder case in its legal, historical, and political context, both nationally and internationally. With its innovative blend of scholarly analysis and input from many of those intimately involved in the case, this book should be essential reading for anyone interested in Aboriginal law, treaty negotiations, and the history of the "BC Indian land question."
Courts and the Culture Wars by Bradley C. S. Watson Pdf
Brings together some of America's most distinguished names in constitutional theory and practice to consider the impact of judicial engagement in moral, religious, and cultural realms - including school prayer, abortion, homosexual rights, expressive speech - and the threat the judiciary poses to the very legitimacy of the American republic regime.
