Eminent Domain. Compensation. State Law Applied to Determine Whether Interest on Mortgage Continues Subsequent to Condemnation Pursuant to Federal Statute

1947 ◽  
Vol 60 (7) ◽  
pp. 1159
Keyword(s):  
Eminent Domain ◽  
State Law ◽  
Federal Statute

Unresolved Business: Federal Corporate Governance Enhancements

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Professional Conduct ◽  
State Law ◽  
Federal Law ◽  
Tender Offers ◽  
Federal Level ◽  
Federal Statute

This chapter analyzes and recommends federal corporate governance enhancements that should be implemented. These enhancements, which should be adopted in a measured and directed manner, are necessary to remediate certain deficiencies that currently exist. Consistent therewith, this chapter focuses on several important matters that merit attention, including the undue deference by federal courts to state law, the appropriate application of federal law to tactics undertaken in tender offers, the need for a federal statute encompassing insider trading, and the propriety of more vigorous oversight by the Securities and Exchange Commission (such as with respect to the “current” disclosure regime, the SEC’s Standards of Professional Conduct for Attorneys, and the Commission’s neglecting at times to invoke its statutory resources). Thus, the analysis set forth in this chapter identifies significant deficiencies that currently exist and recommends measures that should be implemented on the federal level to enhance corporate governance standards.

scholarly journals Condemning Religion: RLUIPA and the Politics of Eminent Domain

2018 ◽  
Author(s):  
Christopher Serkin ◽  
Nelson Tebbe
Keyword(s):  
Local Governments ◽  
Important Implication ◽  
Safety Valve ◽  
Eminent Domain ◽  
The Political ◽  
Religious Groups ◽  
The Supreme Court ◽  
Federal Statute ◽  
The One ◽  
Special Protection

85 Notre Dame Law Review 1 (2009)Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to zoning and landmarking regulations that substantially burden religiously owned property. That provision has been controversial in itself, but today a new cutting-edge issue is emerging: whether the Act’s extraordinary protection should extend to condemnation as well. The matter has taken on added significance in the wake of Kelo, where the Supreme Court reaffirmed its expansive view of the eminent domain power. In this Article, we argue that RLUIPA should not give religious assemblies any extraordinary ability to resist condemnation. We offer two principal reasons for this proposal. First, the political economy surrounding condemnation is markedly different from that of zoning, so that broadening the law’s protections beyond zoning to cover outright takings would be unnecessary and ineffective. Second, the costs of presumptively exempting congregations from condemnation are likely to be far higher than the costs of doing so with respect to zoning. In conclusion, we identify an important implication of our argument for the law’s core zoning provision – namely, our proposal invites local governments to circumvent RLUIPA by simply condemning religious property that they find difficult to zone because of the Act. On the one hand, this gives local governments a needed safety valve while, on the other hand, requiring them to pay just compensation to religious groups. Our proposal therefore suggests a powerful compromise.

Some Recent French Decisions on the Relationship Between Treaties and Municipal Law

1955 ◽  
Vol 49 (3) ◽  
pp. 347-355 ◽  
Author(s):  
Louis C. Bial
Keyword(s):  
State Law ◽  
Constitutional Amendments ◽  
Municipal Law ◽  
Federal Statute ◽  
The Relationship

The relationship between treaties and municipal law has been widely discussed in this country in recent years. The discussion, however, has been limited to the problems raised by the proposed Constitutional amendments. Thus, the possibility of a conflict between the Constitution and a treaty, or between a treaty and State law, has been debated, while the possibility of a conflict between a treaty and a Federal statute has been hardly ever mentioned.

Social and political dimension of stigmatization: The development of Natasha and Maria images for immigrants in Istanbul

2016 ◽  
Vol 13 (1) ◽  
pp. 159-168
Author(s):  
Bayram Unal
Keyword(s):  
Public Perception ◽  
Daily Life ◽  
Legal Framework ◽  
State Law ◽  
Migrant Women ◽  
Political Dimension ◽  
Security Forces ◽  
Official Discourse ◽  
The Third ◽  
The Impact

This study aims at understanding how the perceptions about migrants have been created and transferred into daily life as a stigmatization by means of public perception, media and state law implementations.  The focus would be briefly what kind of consequences these perceptions and stigmatization might lead. First section will examine the background of migration to Turkey briefly and make a summary of migration towards Turkey by 90s. Second section will briefly evaluate the preferential legal framework, which constitutes the base for official discourse differentiating the migrants and implementations of security forces that can be described as discriminatory. The third section deals with the impact of perceptions influential in both formation and reproduction of inclusive and exclusive practices towards migrant women. Additionally, impact of public perception in classifying the migrants and migratory processes would be dealt in this section.

Ahmad Ibrahim Memorial Lecture; GLOBALIZATION, SOCIAL AND RELIGIOUS DIVERSITY, LEGAL PLURALISM: CAN STATE LAW SURVIVE?

2012 ◽  
Vol 15 (2) ◽  
Author(s):  
Gordon R Woodman
Keyword(s):  
Religious Diversity ◽  
Legal Education ◽  
Legal Pluralism ◽  
Memorial Lecture ◽  
State Law ◽  
Small Measure ◽  
Education Association ◽  
Deep Thought

It is a great honour to be invited to give this 8th Ahmad Ibrahim Memorial Lecture. I met Ahmad Ibrahim several times during his period as founding Dean of the Kulliyyah of Laws of the International Islamic University Malaysia, when we both attended conferences of the Commonwealth Legal Education Association in Cumberland Lodge, Windsor, Britain. He was immensely respected in the field of legal education in the Commonwealth; his interventions in our discussions were fewer than those of some colleagues, who liked to talk at lenght on every occassion and about every topic, but when he made comments they were always efective, being evidently based on long experience and deep thought. I have since read some of his work and learnt from it - as will appear , in small measure, from some references i make later in this lecture.

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