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The Law of Municipal Corporations by John Dillon Forrest, first published in 1873, is a rare manuscript, the original residing in one of the great libraries of the world. This book is a reproduction of that original, which has been scanned and cleaned by state-of-the-art publishing tools for better readability and enhanced appreciation. Restoration Editors' mission is to bring long out of print manuscripts back to life. Some smudges, annotations or unclear text may still exist, due to permanent damage to the original work. We believe the literary significance of the text justifies offering this reproduction, allowing a new generation to appreciate it.
Reigning theories of urban power suggest that in a world dominated by footloose transnational capital, cities have little capacity to effect social change. In City Power, Richard Schragger challenges this conventional wisdom, arguing that cities can and should pursue aims other than making themselves attractive to global capital. Using the municipal living wage movement as an example, Schragger explains why cities are well-positioned to address issues like income equality and how our institutions can be designed to allow them to do so.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
In this remarkable inquiry into the bases of social theory, Gordon L. Clark argues that the heterogeneous nature of our society, with its pluralism of values, causes the rules of social conduct to be constantly made and remade. Examining the role of the courts in structuring and achieving social discourse, he contends that legal doctrine is no different from other social theories: judicial interpretations are constructed out of specific circumstances and conflicting values, not deduced from neutral and logical principles. There is, he asserts, no final arbiter somehow unaffected by our controversies and schisms. As concrete examples, Clark analyzes four court disputes in depth, showing that the concept of local autonomy has very different meanings and implications in each of them. These cases—Boston's defense of resident-preference hiring policies, conflict over urban land-use zoning in Toronto, a Chicago's suburb's fight against a sewage treatment plant, and the evolution of the City of Denver's power since 1900—demonstrate that legal reasoning is not impervious to other kinds of reasoning, and the solutions provided by the courts are not unique. To ground his explorations, Clark investigates both liberalism and structuralism, showing that both are inadequate bases for determining social policy. He mounts provocative critiques of the works of de Tocqueville, Nozick, Tiebout, and Posner on the one hand and Castells and Poulantzas on the other. This ambitious and important work will command the interest of geographers, political scientists, economists, sociologists, and legal scholars.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.