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Author: Gary Lawson Publisher: University Press of Kansas ISBN: 0700624252 Category : Political Science Languages : en Pages : 228
Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Author: Gary Lawson Publisher: University Press of Kansas ISBN: 0700624252 Category : Political Science Languages : en Pages : 228
Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Author: Sandra McDonald Publisher: Souvenir Press ISBN: 1782836632 Category : Family & Relationships Languages : en Pages : 299
Book Description
One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Martin Shenkman Publisher: Law Made Easy Press ISBN: 194252692X Category : Law Languages : en Pages : 128
Book Description
Powers of attorney are one of the most important legal documents you will ever sign. Every adult should have a power of attorney. Yet, many people ignored this fundamental legal step and might have no protection if they are ever disabled or are unavailable for travel or other reasons to act for themselves. They might subject themselves to the costs and trauma of a guardianship proceeding. Many who make the effort to obtain and sign a power of attorney rely on standard boilerplate documents that might not address vital personal, tax, or legal issues that are critical to protecting themselves and their loved ones. Finally, this common legal document is often used as a spigot for elder financial abuse. This practical yet sophisticated primer is designed to educate and inform you about what a power of attorney is, how you can be certain you obtain a document that works for you, and many other practical steps. Whether you hire an estate planning specialist, a general practice lawyer, use a form supplied by your bank, or prepare a document on your own using one of the many legal websites, you will get a much better result if you read this book and understand the decisions involved. Once you have a power of attorney document, what do you do with it? How can you organize your financial and legal matters so that if you are ever disabled your agent can really help you? If you are named an agent what steps should you take? Would your religious beliefs or health challenges affect what you might need to do? This book will give you lots of practical advice that many professional advisers and legal websites often ignore. It will help you really protect yourself and accomplish your goals.
Author: Edward G. Hinkelman Publisher: World Trade Press ISBN: 9781885073938 Category : Business & Economics Languages : en Pages : 970
Book Description
The manual is highly organized for ease of use and divided into the following major sections: - Commodity Index (how-to import data for each of the 99 Chapters of the U.S. Harmonized Tariff Schedule)- U.S. Customs Entry and Clearance- U.S. Import Documentation- International Banking and Payments (Letters of Credit)- Legal Considerations of Importing- Packing, Shipping & Insurance- Ocean Shipping Container Illustrations and Specifications- 72 Infolists for Importers
Author: Peter J. Wallison Publisher: Rowman & Littlefield ISBN: 0844750441 Category : Political Science Languages : en Pages : 398
Book Description
In this book, legal scholars outline how and why the Supreme Court should revitalize the nondelegation doctrine—which has not been invoked since 1935. If the Court does so, it will protect the constitutional separation of powers and require Congress to make the difficult political decisions that a legislature should make in a democratic society.
Author: Rayel Bausenhaus Publisher: FriesenPress ISBN: 103916692X Category : Biography & Autobiography Languages : en Pages : 235
Book Description
“God give me faith,” is the prayer you don’t want to pray. It’s a prayer that usually means you’ll endure uncomfortable and terrifying situations that push every boundary you have. It’s a prayer I prayed as, over six months, one of my parents lost their ability to remember and the other, their ability to breathe. God Give Me Faith is about that prayer and what resulted from it. Just like that, I became part of the sandwich generation, caring for my parents while raising my family. Thrust into a world I’d never experienced, I had to learn to navigate it, fast. I fell down. I made mistakes. But I had to keep moving forward. Besides requiring an abrupt level of maturity, becoming part of this generation requires faith. Faith in God to give you what you need and who you need to get through it. Faith in yourself, that you can do hard things, that you are braver than you ever imagined. Faith in your choices and decisions, that you’ve made the best decisions you can in the moment. No one talks about how hard it is, the reality of it, and the aftermath. They don’t talk about the exhaustion and chaos, nor do they talk about the fear, self-doubt, and isolation. As I walked this path, despite all the people around me, I felt alone. God Give Me Faith is my story about becoming a parent while caring for parents, building a community around you and seeing the supporters who walk with you. While I can’t answer why these things happen, I hope that my story shares how you can get through them, and serves to remind you that you are not alone.
Author: Randy E. Barnett Publisher: Aspen Publishing ISBN: 1543839037 Category : Law Languages : en Pages : 1816
Book Description
Constitutional Rights: Cases in Context, Fourth Edition by Randy E. Barnett and Josh Blackman places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. It presents the highly engaging story that is American constitutional law. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. The readings are long enough to help students understand the arguments, yet short enough not to overwhelm them. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Student are encouraged to think about recurring foundational principles and debates. The text is accompanied by an in-depth Teacher’s Manual and an annual case supplement. New to the Fourth Edition: New unit on Criminal Procedure cases taught from the perspective of constitutional law. Integrated with twelve-hour video library that brings Supreme Court cases to life Includes decisions from the Roberts Court through June 2021 Professors and student will benefit from: An online library of sixty-three videos (access codes provided with purchase of the book) brings the Supreme Court’s most important decisions to life. This “split” can be used for Constitutional Law II (Rights) courses. The splits sell for half the price of the hardcover casebook. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases that are grouped together into assignments making it simple for professors to construct syllabi, and assign students a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. A new supplement for Fall 2021 that includes all cases from the recently-concluded Supreme Court term.
Author: Randy E. Barnett Publisher: Aspen Publishing ISBN: 1454896493 Category : Law Languages : en Pages : 2256
Book Description
Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.
Author: Gary Lawson
Author: Gary Lawson
Author: Sandra McDonald
Author: American Bar Association. House of Delegates
Author: Martin Shenkman
Author: Edward G. Hinkelman
Author: Peter J. Wallison
Author: Rayel Bausenhaus
Author: Randy E. Barnett
Author: Randy E. Barnett
Author: