Law and Legal Issues in the United States: Analyses and Developments. Volume 1 ( Law and Legal Issues in the United States: Analyses and Developments )

Publication series :Law and Legal Issues in the United States: Analyses and Developments

Author: Laurent B. Landers  

Publisher: Nova Science Publishers, Inc.‎

Publication year: 2016

E-ISBN: 9781626182783

P-ISBN(Paperback): 9781626182776

Subject: D9 Law

Keyword: 法律

Language: ENG

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Law and Legal Issues in the United States: Analyses and Developments. Volume 1

Chapter

DNA

Constitutional Considerations

APPENDIX A. PERIODS OF LIMITATION FOR SPECIFIC FEDERAL CRIMES

APPENDIX B. STATE FELONY STATUTES OF LIMITATION

End Notes

Chapter 3 INTERNATIONAL LAW AND AGREEMENTS: THEIR EFFECT UPON U.S. LAW

SUMMARY

INTRODUCTION

FORMS OF INTERNATIONAL AGREEMENTS

Treaties

Executive Agreements

Nonlegal Agreements

EFFECTS OF INTERNATIONAL AGREEMENTS ON U.S. LAW

Self-Executing vs. Non-Self-Executing Agreements

Conflict with Existing Laws

CUSTOMARY INTERNATIONAL LAW

The Alien Tort Statute (ATS)

REFERENCE TO FOREIGN LAW BY U.S. COURT

APPENDIX. STEPS IN THE MAKING OF A TREATY AND IN THE MAKING OF AN EXECUTIVE AGREEMENT

End Notes

Chapter 4 APPLICABILITY OF THE COPYRIGHT LAW’S FIRST SALE DOCTRINE TO IMPORTED GOODS MANUFACTURED ABROAD: COSTCO WHOLESALE CORP. V. OMEGA S.A.

SUMMARY

INTRODUCTION

Exclusive Rights of Copyright Holder

Limitations on Rights of Copyright Holder

Gray-Market Goods

QUALITY KING DISTRIBUTORS, INC. V. L’ANZA RESEARCH INTERNATIONAL, INC.

COSTCO WHOLESALE CORP. V. OMEGA S.A.

Ninth Circuit’s Opinion

Supreme Court’s Decision

CONCLUSION

End Notes

Chapter 5 COMMON-LAW CLIMATE CHANGE LITIGATION AFTER AMERICAN ELECTRIC POWER V. CONNECTICUT

SUMMARY

I. INTRODUCTION

II. RECURRING THRESHOLD ISSUES

A. Displacement of Federal Common Law

B. Other, Now Less Important, Threshold Issues

III. AMERICAN ELECTRIC POWER

A. The Decision

B. Likely Aftermath and Other Impacts

IV. OTHER COMMON LAW OF NUISANCE CASES BASED ON CLIMATE CHANGE

V. A NEW COMMON LAW THEORY ENTERS THE FRAY: PUBLIC TRUST DOCTRINE

End Notes

Chapter 6 FLAG PROTECTION: A BRIEF HISTORY AND SUMMARY OF SUPREME COURT DECISIONS AND PROPOSED CONSTITUTIONAL AMENDMENTS

ABSTRACT

INTRODUCTION

HISTORY

TEXAS V. JOHNSON

UNITED STATES V. EICHMAN

End Notes

Chapter 7 FUNERAL PROTESTS: SELECTED FEDERAL LAWS AND CONSTITUTIONAL ISSUES

ABSTRACT

INTRODUCTION

SNYDER V. PHELPS

CONSTITUTIONALITY OF THE FEDERAL FUNERAL PROTEST LAWS

Prohibition on Intentional Disturbance of a Military Funeral

Content-Neutrality

Significant Interest

Narrow Tailoring

Ample Alternative Speech Opportunities

Prohibition on Impeding Access to or Egress from Funeral Location

LEGISLATIVE OPTIONS AND PROPOSALS

Expanding the Buffer Zone

H.R. 961, The Safe Haven for Heroes Act of 2011

State Laws

State Enforcement

Private Right of Action

End Notes

Chapter 8 THE SPEECH OR DEBATE CLAUSE: CONSTITUTIONAL BACKGROUND AND RECENT DEVELOPMENTS

SUMMARY

CONSTITUTIONAL BACKGROUND

What Actions Are Protected by the Clause?

Legislative Acts

Criminal Acts

Overview of Protection

Who Can be Protected by the Clause?

RECENT CASES

Employment and Personnel Actions

Bastien v. Campbell

Fields v. Office of Eddie Bernice Johnson and Hanson v. Office of Senator Dayton

Executive Branch Criminal Investigations of Members

Searches and Seizures of Congressional Offices: United States v. Rayburn House Office Building

Speech or Debate Clause Legal Arguments

District Court Proceedings

Court of Appeals Proceedings

United States v. Renzi

End Notes

Chapter 9 JUDICIAL DISCIPLINE PROCESS: AN OVERVIEW

SUMMARY

INTRODUCTION

OVERVIEW OF STATUTORY PROVISIONS

STATISTICAL INFORMATION

CONCLUSION

End Notes

INDEX

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