Privileges and Immunities

Privileges and Immunities
Author: David S. Bogen
Publisher: Bloomsbury Publishing USA
Total Pages: 192
Release: 2003-04-30
Genre: Law
ISBN: 0313052638

The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.

The Judicial Dictionary of Words and Phrases Judicially Interpreted

The Judicial Dictionary of Words and Phrases Judicially Interpreted
Author: Frederick Stroud
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 1032
Release: 2003
Genre: Electronic books
ISBN: 1584772638

Reprint of the first edition. This fascinating volume contains legal definitions of such commonplace words and phrases as "as far as," "but," "foundation," "reason," "taxes," "usual and customary manner" and "incorrigible rogue." Each entry includes examples drawn from briefs, decisions and other legal documents, with those citations. An instant classic when it was first published, this dictionary is now in its 10th edition. cxvi, 916 pp.

The Payment Order of Antiquity and the Middle Ages

The Payment Order of Antiquity and the Middle Ages
Author: Benjamin Geva
Publisher: Bloomsbury Publishing
Total Pages: 784
Release: 2011-11-01
Genre: Law
ISBN: 1847318436

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.