The Original Fourth Amendment
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Part I Introduction
PART I INTRODUCTION 1. WHY DOES THE PRESENT LAW NEED REFORM? 1.1 Our Sixth Programme of Law Reform1 recommended that “there should be a comprehensive review of the law on limitation periods with a view to its simplification and rationalisation.” We noted that the law is “uneven, uncertain and unnecessarily complex” as demonstrated by the following examples: (1) Adrian is injured when operating an unsafe electric mower. He seeks compensation for his injuries. If he sues the manufacturer in the tort of negligence, or the seller of the mower for breach of contract, he has three years from the date of the injury to bring his claim, subject to the courts’ discretion to extend time. If he sues the manufacturer under the Consumer Protection Act 1987 (so as to avoid having to prove negligence) he has three years from the date of the injury to bring an action, subject to the court’s discretion to disapply the period; but his right of action under the 1987 Act is extinguished entirely if he does not sue within 10 years from when the mower was first bought. (2) Barbara was sexually abused by her uncle, Colin, from a young age until she was 14 years old. She is now 25 and suffers from a depressive illness and personality disorder. She has recently come to realise that her illness and disorder can be attributed to Colin’s abuse. But her action against Colin for trespass to the person will be time-barred (the limitation period being six years after she was 18). -
Why the Late Justice Scalia Was Wrong: the Fallacies of Constitutional Textualism
Louisiana State University Law Center LSU Law Digital Commons Journal Articles Faculty Scholarship 2017 Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism Ken Levy Louisiana State University Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.lsu.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Fourteenth Amendment Commons Repository Citation Levy, Ken, "Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism" (2017). Journal Articles. 413. https://digitalcommons.law.lsu.edu/faculty_scholarship/413 This Article is brought to you for free and open access by the Faculty Scholarship at LSU Law Digital Commons. It has been accepted for inclusion in Journal Articles by an authorized administrator of LSU Law Digital Commons. For more information, please contact [email protected]. +(,121/,1( Citation: Ken Levy, Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism, 21 Lewis & Clark L. Rev. 45 (2017) Provided by: LSU Law Library Content downloaded/printed from HeinOnline Fri Mar 16 15:53:01 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device WHY THE LATE JUSTICE SCALIA WAS WRONG: THE FALLACIES OF CONSTITUTIONAL TEXTUALISM by Ken Levy * The late justice Scalia emphatically rejected the notion that there is a general "right to privacy" in the Constitution, despite the many cases that have held otherwise over the past several decades. -
Limitation Act 1980
Changes to legislation: There are currently no known outstanding effects for the Limitation Act 1980. (See end of Document for details) Limitation Act 1980 1980 CHAPTER 58 An Act to consolidate the Limitation Acts 1939 to 1980. [13th November 1980] Modifications etc. (not altering text) C1 Act extended by Water Act 1981 (c. 12, SIF 130), s. 6(4) C2 Act amended (1.5.1994) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 73(9)(c); S.I. 1994/1096, art.2(1) Act amended (31.1.1997) by 1996 c. 23, s. 14(1) (with s. 81(2)); S.I. 1996/3146, art. 3 C3 Act modified (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 209(4), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6) Act applied with modifications by Water Resources Act 1991 (c. 57, SIF 130), s. 208(4)(with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1, Sch. 23 para.6) Act modified (27.4.1997) by 1925 c. 21, s. 83(12) (as substituted (27.4.1997) by 1997 c. 2, s. 2 (with s. 5(5))) C4 Act applied (31.1.1997) by 1996 c. 23, s. 13 (with s. 81(2)); S.I. 1996/3146, art. 3 Act modified (13.10.2003) by 2002 c. 9, ss. 103, 134, 136(2), Sch. 8 para. 8, Sch. 12 para. 19(1) (with s. 129); S.I. 2003/1725 {art. 2} C5 Act: 2004 c. -
Individual Rights Under State Constitutions in 2018: What Rights Are Deeply Rooted in a Modern-Day Consensus of the States? Steven G
Notre Dame Law Review Volume 94 | Issue 1 Article 2 11-2018 Individual Rights Under State Constitutions in 2018: What Rights are Deeply Rooted in a Modern-Day Consensus of the States? Steven G. Calabresi Northwestern Pritzker School of Law James Lindgren Northwestern Pritzker School of Law Hannah M. Begley Stanford Law School Kathryn L. Dore Northwestern Pritzker School of Law Sarah E. Agudo Northwestern Pritzker School of Law Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Constitutional Law Commons, and the State and Local Government Law Commons Recommended Citation 94 Notre Dame L. Rev. 49 (2018). This Article is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\94-1\NDL102.txt unknown Seq: 1 21-NOV-18 10:57 INDIVIDUAL RIGHTS UNDER STATE CONSTITUTIONS IN 2018: WHAT RIGHTS ARE DEEPLY ROOTED IN A MODERN-DAY CONSENSUS OF THE STATES? Steven Gow Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore & Sarah E. Agudo* INTRODUCTION .................................................. 51 R I. METHODOLOGY ........................................... 53 R II. THE DATA ON THE STATE CONSTITUTIONS ................. 54 R A. Rights Bearing on Religion ............................. 54 R 1. Establishment Clauses ............................ 54 R 2. Free Exercise Clauses ............................ 62 R © 2018 Steven Gow Calabresi, James Lindgren, Hannah M. Begley, Kathryn L. Dore & Sarah E. Agudo. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the authors, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice. -
Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative Martin H
Florida Law Review Volume 64 | Issue 6 Article 1 1-27-2013 Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative Martin H. Redish Matthew .B Arnould Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Constitutional Law Commons Recommended Citation Martin H. Redish and Matthew B. Arnould, Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a “Controlled Activism” Alternative, 64 Fla. L. Rev. 1485 (2012). Available at: http://scholarship.law.ufl.edu/flr/vol64/iss6/1 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. Redish and Arnould: Judicial Review, Constitutional Interpretation, and the Democrati Florida Law Review Founded 1948 Formerly University of Florida Law Review VOLUME 64 DECEMBER 2012 NUMBER 6 DUNWODY DISTINGUISHED LECTURE IN LAW JUDICIAL REVIEW, CONSTITUTIONAL INTERPRETATION, AND THE DEMOCRATIC DILEMMA: PROPOSING A “CONTROLLED ACTIVISM” ALTERNATIVE Martin H. Redish & Matthew B. Arnould Abstract No problem generates more debate among constitutional scholars than how to approach constitutional interpretation. This Article critiques two representative theories (or families of theories), originalism and nontextualism, and offers a principled alternative, which we call “controlled activism.” -
Adopting a Chinese Mantle: Designing and Appropriating Chineseness 1750-1820
This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Adopting a Chinese Mantle Designing and Appropriating Chineseness 1750-1820 Newport, Emma Helen Henke Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 24. Sep. 2021 Adopting a Chinese Mantle: Designing and Appropriating Chineseness 1750-1820 Emma Helen Henke Newport King’s College London Thesis submitted for the degree of Doctor of Philosophy in English Research 1 Abstract The thesis examines methods of imagining and appropriating China in Britain in the period 1750 to 1820. -
The Lincoln Charter of the Forest Conference
LINCOLN RECORD SOCIETY Bishop Grosseteste University, Woodland Trust, American Bar Association THE LINCOLN CHARTER OF THE FOREST CONFERENCE 22-24 September 2017 THE CHARTER OF THE FOREST: EVOLVING HUMAN RIGHTS IN NATURE Nicholas A. Robinson University Professor for the Environment Kerlin Distinguished Professor of Environmental Law Emeritus Elisabeth Haub School of Law at Pace University, New York © Nicholas A. Robinson 3 September 2017– Author’s moral rights asserted. This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance. I congratulate The Lincoln Record Society and thank the conference organizers. I am honored to be addressing you, although I must confess to being akin to Mark Twain’s Connecticut Yankee in King Arthur’s Court.3 As an American, I cannot claim the “liberties of the forest” that were ceded to the English. Nor am I a medievalist, but only a student of medieval historians, such as G.J. Turner, whose Select Pleas of the Forest4 inspired my own comparative law studies of Forest Law and the Charter of 1217, and also Professors J.C. -
'Common Rights' - What Are They?
'Common Rights' - What are they? An investigation into rights of passage and rights of land use (or rights of common) Alan Shelley PG Dissertation in Landscape Architecture Cheltenham & Gloucester College of Higher Education April2000 Abstract There is a level of confusion relating to the expression 'common' when describing 'common rights'. What is 'common'? Common is a word which describes sharing or 'that affecting all alike'. Our 'common humanity' may be a term used to describe people in general. When we refer to something 'common' we are often saying, or implying, it is 'ordinary' or as normal. Mankind, in its earliest civilisation formed societies, usually of a family tribe, that expanded. Society is principled on community. What are 'rights'? Rights are generally agreed practices. Most often they are considered ethically, to be moral, just, correct and true. They may even be perceived, in some cases, to include duty. The evolution of mankind and society has its origins in the land. Generally speaking common rights have come from land-lore (the use of land). Conflicts have evolved between customs and the statutory rights of common people (the people of the commons). This has been influenced by Church (Canonical) law, from Roman formation, statutory enclosures of land and the corporation of local government. Privilege, has allowed 'freemen', by various customs, certain advantages over the general populace, or 'common people'. Unfortunately, the term no longer describes a relationship of such people with the land, but to their nationhood. Contents Page Common Rights - What are they?................................................................................ 1 Rights of Common ...................................................................................................... 4 Woods and wood pasture ............................................................................................ -
Florida V. Jardines</Em>
Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2013 Florida v. Jardines: The Wolf at the Castle Door Timothy C. MacDonnell Washington and Lee University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, Fourth Amendment Commons, and the Supreme Court of the United States Commons Recommended Citation Timothy C. MacDonnell, Florida v. Jardines: The Wolf at the Castle Door, 7 N.Y.U. J.L. & Liberty 1 (2013). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. NEW YORK UNVERSITY JOURNAL OF LAW & LIBERTY FLORIDA V. JARDINES: THE WOLF AT THE CASTLE DOOR Timothy C. MacDonnell* INTRODUCrION Even before the United States declared its independence, colo- nists believed that their homes were their castles.' This belief had its origins in English common law, declared by the Prime Minister of Great Britain, William Pitt, in 1763: The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement.2 Timothy C. -
1661-1700 (Pdf)
1 Scottish Books 1661-1700 (Aldis updated) 1661 1682 Academiæ Edinburgenæ gratulatio, ob serenissimi, augustissimiq; monarchæ Caroli II . Britanniarum, Galliæ & Hiberniæ regis, fidei defensoris, in solium paternum restitutionem, oblate illustrissimo dynastæ, D. Johanni Middiltonio, Middiltonii comiti, clarimontis… 4to. Edinburgh: G. Lithgow, 1661. Wing E165; ESTC R11311 [Voyager 3150808] NLS holdings: Gray.1033(1); UMI 315:01; UMI 428:14 (identified as Wing M1972) Other locations: E U Leighton(fragment) *1682.3 [Act of Committee of Estates, 13 Aug. 1650] West-kirk the 13. day of August, 1650. The Commission of the Generall Assembly considering that there may be just ground of stumbling from the Kings Majesties refusing to subscribe & emit the Declaration offered unto him by the Committee of Estates, and Commissioners of the Generall Assembly concerning his former carriage and resolutions for the future, in reference to the cause of God … . s.sh. Edinburgh: E. Tyler, 1661. Reprint of 1650 edition, Aldis 1395.6 and 1395.7; not recorded by ESTC [Voyager 3771044] NLS holdings: MS.14493, fol.1 Other locations: 1682.5 Act for raising ... 480,000 pound. fol. Edinburgh: E. Tyler, 1661. NLS holdings: Other locations: Private Owner 1683 [Act of Parliament, 1 Feb. 1661] Act of Parliament, against saying of mess [sic], Jesuits, Seminary and Mess [sic] priests, and trafficking papists. At Edinburgh, the first day of February, 1661. s.sh. Edinburgh: E. Tyler, 1661. Wing S1119; Steele 2200; ESTC R183918 [Voyager 2231141] NLS holdings: Ry.1.1.33(13); Mf.SP.133(21); UMI 2710:22 Other locations: Signet Library 1684 [Act of Parliament, 20 Feb. -
Parliament and Society in Scotland, 1660-1603 Volume
e PARLIAMENT AND SOCIETY IN SCOTLAND, 1660-1603 Julian Mark Gaadare VOLUME 1 Presented for the degree of Doctor of Philosophy University of Edinburgh 1989 % I CONTESTS ' Page VOLUME 1 Acknowledgements ii Declaration iii Abstract iv 1. Introduction: parliament and the political system 1 2. Parliament and the law 65 3. Parliament and the executive 107 4. Fiscal policy 156 5. Parliamentary taxation 212 VOLUME 2 6. Economic policy 281 7. Social control 346 8. Social policy: the poor law 405 9. Conclusions: parliament and society 445 Appendices: A. Records of parliaments and conventions, 1560-1603 473 B. Justice ayres 503 C. Parliamentary commissions 504 D. Direct taxes imposed, 1560-1603 509 B. Precedence and ceremonial: parliaments public image 518 Conventions and abbreviations 526 Bibliography 531 ii ACKNOVLEDGENENrfS I am glad to have this opportunity to record my gratitude for the unfailing support, patient guidance, and generous encouragement that I have received from my supervisor, Dr Michael Lynch of the Department of Scottish History.. I have also benefited greatly from the expert legal knowledge of Mr Y. D.H. Sellar of the Department of Scots Law. The members of Professor G.V. S. Barrow's postgraduate seminar have provided a stimulating environment in which to originate and refine many of the ideas that this thesis contains. Versions of parts of the thesis have been presented to the Conference of Scottish Hedievalists and to the Association of Scottish Historical Studies, and I found the discussion on those occasions most helpful. The staffs of Aberdeen City Archives, Arbroath Library, the British Library, Dundee District Archive and Record Centre, Montrose Town Hause, the Rational Library of Scotland, Perth Museum and Art Gallery, the Sandeman Library, Perth, and the Scottish Record Office have all made available their archives, large and small, with equal courtesy. -
The English Malady: Enabling and Disabling Fictions
The English Malady The English Malady: Enabling and Disabling Fictions Edited by Glen Colburn Cambridge Scholars Publishing The English Malady: Enabling and Disabling Fictions, Edited by Glen Colburn This book first published 2008 by Cambridge Scholars Publishing 15 Angerton Gardens, Newcastle, NE5 2JA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2008 by Glen Colburn and contributors All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-84718-564-9, ISBN (13): 9781847185648 TABLE OF CONTENTS Introduction ................................................................................................. 1 Glen Colburn Part I: The English Malady and Society Mme de Staël and the Sociology of Melancholy....................................... 20 Eric Gidal English Malady, English Song: Melancholy Voice in Haydn’s Canzonettas ............................................................................................... 41 Nancy November Quacks, Social Climbers, and Gentlemen Physicians: The Nerve Doctors of Late Eighteenth-Century Britain.............................................. 67 Heather Beatty “Corruptible Bodies”: Suicide and the Aesthetics of the English Malady in John Shebbeare’s Lydia; or, Filial Piety ..............................................