880 resultados para Supreme Court Confirmation


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Subpoenas for the sheriff of Philadelphia County to individuals to serve for actions relating to trespass on a case, ejectment, and replevin of three negro slaves.

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Contains summaries of cases brought before the court of appeals with the judgment rendered by Edward Trelawny and transcribed by Samuel Williams.

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Contains notes of cases before several New Jersey courts especially the New Jersey Supreme Court. Possibly compiled by Coxe.

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Four-page handwritten poem composed in English by Joseph Story as a Harvard undergraduate. The verso of the last page is inscribed "Story's 1796." The poem contains classical allusions and is titled with the quote: "Aut Caeusar, aut nullus." The poem begins, "In elder climes, ere science' mystic page / Gave light unfolded to a barbarous age..." The poem ends with verse about George Washington. The text includes edits and struck-through words.

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Introduction. The essential facilities doctrine may be seen as the ‘extra weight’ which is put onto the balance, in order to give precedence to the maintenance of competition over the complete contractual freedom of undertakings controlling an important and unique facility. The main purpose of the doctrine is to impose upon such ‘dominant’ undertakings the duty to negotiate and/or give access to the facility, against a reasonable fee, to other undertakings, which cannot pursue their own activity (and therefore will perish) without access to such a facility. This very simple description of the content of the doctrine underlines its limitations: through the imposition of a duty to negotiate or contractual obligations, the rule tends to compensate for the weaknesses of the competitive structure of a market, which are due to the existence of some essential facility. In other words, the doctrine does not by itself provide a definitive solution to the lack of competition, but tends to contractually maintain or even create some competition.1 The doctrine of essential facilities originates in the US antitrust case law of the Circuit and District Courts, but has never been officially acknowledged by the Supreme Court. It has been further developed and hotly debated by scholars in the US, both from a legal and from an economic viewpoint. In the EU, the essential facilities doctrine was openly introduced by the Commission during the early 1990s, but has received only limited and indirect support by the Court of First Instance (the CFI) and the European Court of Justice (the ECJ). It also indirectly inspired the legislation concerning the deregulation of traditional ‘natural’ monopolies. The judicial origin of the doctrine, combined with the hesitant application by the appeal courts, both in the US and the EU, cast uncertainty not only on the precise scope of the doctrine, but also on the issue of its very existence. These questions receive a particular light within the EU context, where the doctrine is called upon to play a different role from its US counterpart. In order to address the above issues, we will first pretend that an EU essential facility doctrine does indeed exist and we shall try to identify the scope and content thereof, through its main applications (Section 1). Subsequently, we will try to answer the question whether such a doctrine should exist at all in the EU (Section 2).

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Mode of access: Internet.

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Cover title.

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Appendix (13 pages at end): Act of February 13, 1925, chapter 229, 43 Stat. 936 (amendments to May 22, 1939, included).

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Mode of access: Internet.

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"The two volumes ... consist of a brief factual résumé of the court case with no editorial comment, followed by the record of the case in the lower court as submitted to the Supreme Court of Pennsylvania on appeal, the principal briefs, and the order of the Supreme Court."

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Editor: 1895-1935, Sir Frederick Pollock, bart

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Editors: 1911-1912, Percival Frere Smith; 1913-1924, Gey van Pittius; 1925-1946, R.P.B. Davis.