958 resultados para Court Cases
Resumo:
Until recently the role of the public drinking house has been approached from elitist, folkloric and anecdotal perspectives. The work of a new generation of social historians, however, has raised the tavern’s profile in the academic consciousness and confirmed its position within the mainstream of social and cultural history. It is now recognized that an understanding of the centrality of public drinking to the development of both elite and popular culture is vital to studies of social behaviour. The study of taverns has also been at the forefront of emerging interest in the history of consumption and material culture, and has contributed to a richer understanding of economic history. Constructions of gender and identity are also visible through research into the patterns of behaviour and discourse in and around the public house. This four-volume reset edition presents a wide-ranging collection of primary sources which uncover the language and behaviour of local and state authorities, of peasants and town-dwellers, and of drinking companions and irate wives. The documents are translated and set in their social and historical context, providing a multidisciplinary collection that will be of great importance to scholars of all areas of social and cultural history of the early modern period. The vast majority of this material is published here for the first time, ensuring that the collection will open up new avenues of research. Volume 1 draws heavily from the Parisian police archives and includes inspectors’ reports, complaints by the general public and details of court cases to build a picture of drinking in early modern France. Volumes 2 and 3 address public drinking in the Holy Roman Empire through a variety of chronicles, civic ordinances, court records, travel reports and surveys of public houses. Volume 4 locates taverns within a broader analysis of America’s public houses, drawing on visual material as well as journal entries, business reports and newspaper articles. Each volume is accompanied by editorial introductions and is annotated to provide readers with a high-quality resource of scholarly material.
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This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process and equal protection is an appropriate model for same-sex marriage litigation both constitutionally and strategically. The existing scholarly literature fails to explore how this issue has been treated in case briefs, which are very important elements in any legal proceeding. I will argue that through an analysis of recent state court briefs in Massachusetts and Connecticut, Loving acts as logical precedent for the legalization of same-sex marriage. I also find, more significantly, that although this racial interpretation of due process and equal protection represented by Loving can be seen as an appropriate model for same-sex marriage litigation constitutionally, questions remain about its strategic effectiveness, as LGBT lawyers have moved away from race in some arguments in these briefs. Indeed, a racial interpretation of Due Process and Equal Protection doctrine imposes certain limits on same-sex marriage litigation, of which we are warned by some Critical Race theorists, Latino Critical Legal theorists, and other scholars. In order to fully incorporate a discussion of race into the argument for legalizing same-sex marriage, the dangers posed by the black/white binary of race relations must first be overcome.
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El presente artículo se propone establecer variables de análisis en lo que respecta al rol de los indígenas en la documentación judicial colonial. En ese sentido, el corpus principal de análisis lo constituye el Pleito de los indios de Paipaya contra Francisco Salas Valdez (1671) a través del cual vislumbraremos las condiciones de producción del documento, el rol de los mediadores, la distancia cultural o la influencia de las condiciones de subordinación actuantes en el mismo. Consideramos al presente trabajo una aproximación que no pretende ser definitiva, si no abrir un panorama a la reflexión sobre la temática ya que este extenso documento nos brindará elementos de reflexión metodológica y heurística con que abordar el estudio de los indígenas a través de la fuente judicial
Resumo:
El presente artículo se propone establecer variables de análisis en lo que respecta al rol de los indígenas en la documentación judicial colonial. En ese sentido, el corpus principal de análisis lo constituye el Pleito de los indios de Paipaya contra Francisco Salas Valdez (1671) a través del cual vislumbraremos las condiciones de producción del documento, el rol de los mediadores, la distancia cultural o la influencia de las condiciones de subordinación actuantes en el mismo. Consideramos al presente trabajo una aproximación que no pretende ser definitiva, si no abrir un panorama a la reflexión sobre la temática ya que este extenso documento nos brindará elementos de reflexión metodológica y heurística con que abordar el estudio de los indígenas a través de la fuente judicial
Resumo:
This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law. Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home security which includes the right of armed self-defense in the home. Sir John Knight’s Case fortified the tradition of the right to bear arms, providing that the person must bear arms in a non-terrifying manner. Part II examines American antebellum cases; these are the cases to which Heller looked for guidance on the meaning of the Second Amendment. Part III looks at cases from Reconstruction and the early years of Jim Crow, through 1891. As with the antebellum cases, the large majority of post-war cases are from the Southeast, which during the nineteenth century was the region most ardent for gun control. The heart of gun control country was Tennessee and Arkansas; courts there resisted some infringements of the right to arms, but eventually gave up. Heller and McDonald did not look to the Jim Crow cases as constructive precedents on the Second Amendment.
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A collection of notebooks in which Hubbard recorded both legal and personal transactions in detail, including: writs, arrests, wills, boundary disputes, damages awarded in court cases over which he presided, various payments and expenses, etc. Also included are three notebooks kept by his nephew James Hubbard, who inherited Joshua Hubbard's farm; these primarily record the sale of cider and vinegar from his farm, costs of hired labor, and bank loans.
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Contains records of summons and judgements in various court cases, and fines paid.
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Contains records of summons and judgements in various kinds of court cases, fees and fines paid, and index of names.
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The Development Permit System has been introduce with minimal directives for establishing a decision making process. This is in opposition to the long established process for minor variances and suggests that the Development Permit System does not necessarily incorporate all of Ontario’s fundamental planning principles. From this concept, the study aimed to identify how minor variances are incorporated into the Development Permit System. In order to examine this topic, the research was based around the following research questions: • How are ‘minor variance’ applications processed within the DPS? • To what extent do the four tests of a minor variance influence the outcomes of lower level applications in the DPS approval process? A case study approach was used for this research. The single-case design employed both qualitative and quantitative research methods including a review of academic literature, court cases, and official documents, as well as a content analysis of Class 1, 1A, and 2 Development Permit application files from the Town of Carleton Place that were decided between 2011 and 2015. Upon the completion of the content analysis, it was found that minor variance issues were most commonly assigned to Class 1 applications. Planning staff generally met approval timelines and embraced their delegated approval authority, readily attaching conditions to applications in order to mitigate off-site impacts. While staff met the regulatory requirements of the DPS, ‘minor variance’ applications were largely decided on impact alone, demonstrating that the principles established by the four tests, the defining quality of the minor variance approval process, had not transferred to the Development Permit System. Alternatively, there was some evidence that the development community has not fully adjusted to the requirements of the new approvals process, as some applications were supported using a rationale containing the four tests. Subsequently, a set of four recommendations were offered which reflect the main themes established by the findings. The first two recommendations are directed towards the Province, the third to municipalities and the fourth to developers and planning consultants: 1) Amend Ontario Regulation 608/06 so that provisions under Section 4(3)(e) fall under Section 4(2). 2) Change the rhetoric from “combining elements of minor variances” to “replacing minor variances”. 3) Establish clear evaluation criteria. 4) Understand the evaluative criteria of the municipality in which you are working.
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"Sup.I-II do not include interpretative annotations concerned with solicitor opinions and court cases. For this reason, these two volumes are viewed as preliminary..." - Preface, Sup.II.
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This manual has been developed to provide detailed information about the Property Tax Extension Limitation Law (PTELL) to assist those persons who will be responsible for administering this law. Generally, county clerks and taxing districts' fiscal management personnel will find this manual most useful. While technical aspects of the PTELL are introduced and explained, this document does not cover all aspects of the law fully. Reading the information presented here should be supplemented by reading the statutes, administrative rules, and court cases.
Resumo:
This manual has been developed to provide detailed information about the Property Tax Extension Limitation Law (PTELL) to assist persons responsible for administering the law (i.e., county clerks and taxing districts' fiscal management personnel). Although this document explains PTELL technical aspects it does not cover all aspects of the law, so information should be supplemented by reading statutes, administrative rules, and court cases.
Resumo:
El presente artículo se propone establecer variables de análisis en lo que respecta al rol de los indígenas en la documentación judicial colonial. En ese sentido, el corpus principal de análisis lo constituye el Pleito de los indios de Paipaya contra Francisco Salas Valdez (1671) a través del cual vislumbraremos las condiciones de producción del documento, el rol de los mediadores, la distancia cultural o la influencia de las condiciones de subordinación actuantes en el mismo. Consideramos al presente trabajo una aproximación que no pretende ser definitiva, si no abrir un panorama a la reflexión sobre la temática ya que este extenso documento nos brindará elementos de reflexión metodológica y heurística con que abordar el estudio de los indígenas a través de la fuente judicial
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For forty years linguists have talked about idiolect and the uniqueness of individual utterances. This article explores how far these two concepts can be used to answer certain questions about the authorship of written documents—for instance how similar can two student essays be before one begins to suspect plagiarism? The article examines two ways of measuring similarity: the proportion of shared vocabulary and the number and length of shared phrases, and illustrates with examples drawn from both actual criminal court cases and incidents of student plagiarism. The article ends by engaging with Solan and Tiersma's contribution to this volume and considering whether such forensic linguistic evidence would be acceptable in American courts as well as how it might successfully be presented to a lay audience.
Resumo:
I describe and discuss a series of court cases which focus upon on decoding the meaning of slang terms. Examples include sexual slang used in a description by a child and an Internet Relay Chat containing a conspiracy to murder. I consider the task presented by these cases for the forensic linguist and the roles the linguist may assume in determining the meaning of slang terms for the Courts. These roles are identified as linguist as naïve interpreter, lexicographer, case researcher and cultural mediator. Each of these roles is suggestive of different strategies that might be used from consulting formal slang dictionaries and less formal Internet sources, to collecting case specific corpora and examining all the extraneous material in a particular case. Each strategy is evaluated both in terms of the strength of evidence provided and its applicability to the forensic context.