State Court Papers in the United States: A 50-State Guide

2017 ◽  
Vol 45 (3) ◽  
pp. 244-256
Author(s):  
William Gaskill

This study grew out of my on-the-job blogging. At both the Charleston School of Law and the J. Rueben Clark Law School, I read every opinion from the state and federal appellate courts with jurisdiction over South Carolina and Utah respectively, summarizing the binding authority and posting those summaries online at the Barrister blog and the Binding the Law blog. This has served as excellent current awareness and bar preparation service to the law school communities and a research tool to the legal community generally.

2008 ◽  
Vol 20 (1) ◽  
pp. 47-63 ◽  
Author(s):  
Christopher Tomlins

Over the last fifteen years, legal historians have been exploring conceptualizations of the state and state capacity as phenomena of police. In this essay, I offer a genealogy of police in nineteenth-century American constitutional law. I examine relationships among several distinct strands of development: domestic regulatory law, notably the commerce power; the law of indigenous peoples and immigrants; and the law of territorial acquisition. I show that in state and federal juridical discourse, police expresses unrestricted and undefined powers of governance rooted in a discourse of sovereign inheritance and state necessity, culminating in the increasingly pointed claim that as a nation-state the United States possesses limitless capacity “to do all acts and things which independent states may of right do.”


1918 ◽  
Vol 12 (2) ◽  
pp. 266-282 ◽  
Author(s):  
W. W. Willoughby

Political scientists make a sharp distinction between the terms “State” and “Government.” A State is a group of individuals viewed as a politically organized unit. In the eyes of the law it appears as a corporate being possessing supreme authority and issuing commands in the form of laws addressed to those over whom it claims authority. A Government is the machinery or complexus of organs through which this state-being formulates, expresses, and enforces its will.In my preceding paper I dealt wholly with the Prussian conception of the State and had nothing to say regarding Prussian conceptions of Government. In this paper I shall have little to say regarding the Prussian theory of the State and shall devote myself almost wholly to a consideration of the Prussian governmental system. Of this system, however, I shall speak of but one of its features, namely, its strong monarchical character. In result there should appear what justification there is for the demand of the United States and of the Entente Powers for a modification of the Prussian system.


2016 ◽  
Vol 1 (1) ◽  
pp. 21-30
Author(s):  
Jurg Gerber ◽  
Kate Angulski

We examine in this article the legal status of foreign prisoners in the United States in general, and in the State of Texas in particular. With few exceptions, the law does not distinguish between domestic and foreign prisoners, granting similar rights and obligations to each. We conclude this article by examining current controversies in the treatment of foreign prisoners in the United States. Issues examined include dietary restrictions, use of languages other than English, length of hair, and mandatory and indefinite detention of aliens.


1937 ◽  
Vol 6 (3) ◽  
pp. 260-273
Author(s):  
William Warren Sweet

Professional Schools in the United States, whether of medicine, law, engineering, or theology, are of relatively recent orgin. It is a matter of interest that the ministry was the first profession in America for which a technical and standardized training was provided. While the first law school in America was founded in the same year as the oldest theological seminary (1784), the courses were loosely organized and there was no definitely prescribed amount of work required of graduation and no academic requirement for the practice of law. In all the institutions where there were law departments or law schools, even as late as the middle of the last century, the law students were considered as distinctly inferior to the regular college students.


1919 ◽  
Vol 13 (3) ◽  
pp. 389-405 ◽  
Author(s):  
John Eugene Harley

One of the earliest examples of a sort of ratification is found in the treaty between Justinian and the Persian King, Chosroes, in 561 A. D. In this case the sovereigns agreed to accept that which their plenipotentiaries had promised and agreed upon. The French-Swiss alliance of May 28, 1777, was sanctioned by solemn oaths. It was the custom in earlier times to take hostages to insure ratification; this Grotius believed entirely proper. The oath gave way to a mere act or declaration of ratification.Grotius likened a plenipotentiary to a mandatory, holding that all agreements reached by him were binding upon the sovereign from the time of signature, unless the secret instructions were transcended. Thus he regarded ratification as a mere form, not affecting the validity of the treaty. Likewise Martens, writing in 1789 at the time of the adoption of the Constitution of the United States, believed that if a mandatory had not exceeded his secret instructions, all that he agreed to was binding upon the state represented, and that the law of nations required no particular ratification (ratification particulière). Pufendorf regarded treaties valid from signature and thought ratification superfluous.


Author(s):  
Mykhaiskyi Oleksii

Ensuring energy security has always been one of Ukraine's main problems. Now the level of shale gas production in Ukraine allows to cover only half of the country's needs in this type of fuel. According to the Energy Strategy of Ukraine until 2035, one of the priorities of development in the fuel and energy sector is to increase the level of gas production to 30–35 billion m3 of gas per year, including at the expense of non-traditional hydrocarbons, among which shale gas can be allocated. However, it should be noted that Ukraine's modern mining industry does not provide an adequate level of environmental protection. This problem becomes even more acute in the context of the possible production of shale gas, which requires state-of-the-art production technologies and a flexible regulatory system. Today, the United States is the most developed country in shale gas production. It is the United States that has the largest experience of shale gas production among all countries of the world, and its legislation has been shaped by the realities of shale gas production since the 1980s. The article analyzed U.S. legislation in terms of environmental and legal regulation of shale gas production. Consideration has been given to U.S. legislation that regulates the protection of water, air, soil from pollution, as well as waste management legislation and the disclosure of confidential information related to shale gas extraction necessary to protect the environment, as well as human life and health. The US legislative structure is analyzed and it is revealed that federal legislation does not provide the proper level of environmental protection, which is why the environmental and legal regulation of shale gas production occurs mainly at the state level. The main problem of regulating shale gas production at the federal level is the so-called «Halibarton loophole», due to which operations using hydraulic fracturing are removed from the regulation of most federal environmental standards. There is no such norm in Ukrainian legislation, but the Law of Ukraine "On Agreements on Division of Products" is not regulated by the Law of Ukraine "On Oil and Gas," this makes it possible to fix in the agreement on division of products all nuances related to shale gas production. At the same time, this is a significant risk of the occurrence of a case in which the agreement, contrary to Ukrainian legislation, will neglect the interests of the environment. That is why Ukraine needs standards like NAAQS, which also apply to legal relations arising from the signing of a production sharing agreement, which would avoid disregard of Ukrainian legislation when signing a production sharing agreement. The article also addresses the Fracturing Responsibility and Awareness of Chemicals Act and states that it requires an operator using hydraulic fracturing to provide information necessary for medical diagnosis, treatment or emergency response. In doing so, the operator, once such information has been disclosed to the State or health worker, may require a written declaration of the need for disclosure and a confidentiality agreement as soon as possible after it has been determined by the State or medical institution. It is proposed to develop a similar bill and introduce it into Ukrainian legislation.


1921 ◽  
Vol 1 (1) ◽  
pp. 6-20 ◽  
Author(s):  
T. E. Scrutton

During the last Long Vacation—which I am afraid, by the way, will be the last long vacation—I Was just about starting out to indulge in a pastime which a don of the rival, but much inferior, university has described as “putting little balls into little holes with instruments singularly unadapted for the purpose” when a letter was put into my hand with an American stamp and a United States postmark. I opened it hastily and glanced at it, and gathered the impression that some unknown society in the United States was inviting me to proceed there in the month of November to deliver an address on some legal subject. I was flattered and puzzled. I threw the letter on the table and went out to indulge in the aforesaid pastime. It was not till I got home and read the letter carefully that I discovered what it was all about. I gathered that your Downing Professor, who prefers to spend his holiday in a dry climate—a bone-dry climate—was conveying to me the request of the University Law Society that I should come back to my old university and my old college and speak to the law students, and I was very much flattered and grateful. I felt a little, however, like the Prodigal Son, for I thought that for the Cambridge Law Society and the Law School of Cambridge to invite a man who had paid little attention to them while he was up, to come and address them, was heaping coals of fire upon his head.


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