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Early Understandings of the "Judicial Power" in Statutory Interpretation
ARTICLE ALL ABOUT WORDS: EARLY UNDERSTANDINGS OF THE 'JUDICIAL POWER" IN STATUTORY INTERPRETATION, 1776-1806 William N. Eskridge, Jr.* What understandingof the 'judicial Power" would the Founders and their immediate successors possess in regard to statutory interpretation? In this Article, ProfessorEskridge explores the background understandingof the judiciary's role in the interpretationof legislative texts, and answers earlier work by scholars like ProfessorJohn Manning who have suggested that the separation of powers adopted in the U.S. Constitution mandate an interpre- tive methodology similar to today's textualism. Reviewing sources such as English precedents, early state court practices, ratifying debates, and the Marshall Court's practices, Eskridge demonstrates that while early statutory interpretationbegan with the words of the text, it by no means confined its searchfor meaning to the plain text. He concludes that the early practices, especially the methodology ofJohn Marshall,provide a powerful model, not of an anticipatory textualism, but rather of a sophisticated methodology that knit together text, context, purpose, and democratic and constitutionalnorms in the service of carrying out the judiciary's constitutional role. TABLE OF CONTENTS Introduction .................................................... 991 I. Three Nontextualist Powers Assumed by English Judges, 1500-1800 ............................................... 998 A. The Ameliorative Power .............................. 999 B. Suppletive Power (and More on the Ameliorative Pow er) .............................................. 1003 C. Voidance Power ..................................... 1005 II. Statutory Interpretation During the Founding Period, 1776-1791 ............................................... 1009 * John A. Garver Professor ofJurisprudence, Yale Law School. I am indebted toJohn Manning for sharing his thoughts about the founding and consolidating periods; although we interpret the materials differently, I have learned a lot from his research and arguments. -
Calendario Provvisorio Degli Eventi Di Pitti Uomo 93
CALENDARIO EVENTI PITTI IMMAGINE UOMO 93|08-12 GENNAIO 2018 LUNEDÌ 08/01 19:00 Centro di Firenze per la Moda Italiana Palazzo Pitti, Sala Bianca, Piazza de' Pitti 1, Firenze Gala dinner. Su invito. ...E IN CITTÀ 12:30 Capucci Dionisiaco - Disegni per il teatro Andito degli Angiolini di Palazzo Pitti, Piazza de' Pitti 1, Firenze Inaugurazione della mostra a cura di Roberto Capucci. Su invito. dalle 18:00 Istituto Marangoni: IM Open Week Istituto Marangoni, Via de Tornabuoni 17, Firenze Talk show "Giusi Ferré intervista Alessandro Bastagli: da Versace a Shanghai Tang". Dalle 19:00 cocktail. Su invito. 19:00 Firenze made in Tuscany magazine Caffé Rivoire, Piazza della Signoria, Firenze Cocktail party. Con la maison Enrico Coveri e Antinori. In collaborazione con Rivoire. Su invito. 19:00-21:00 The LG Grand Prix Watches Party Hotel Regency Firenze, Piazza d'Azeglio 3, Firenze Party. Su invito. MARTEDÌ 09/01 10:00 Pepe Jeans London Spazio Belfiore, Stand 1 Tutti i giorni alle 10.00, 12.00 e 15.00 presentazione di Wiser Wash: un processo di sviluppo che elimina l'uso di sostanze chimiche tossiche impiegate nel lavaggio dei capi tradizionale. Inaugurazione Pitti Immagine Uomo 93 10:30 Camera di Commercio di Firenze, Piazza Mentana 1, Firenze Cerimonia ufficiale di inaugurazione di Pitti Immagine Uomo 93. Su invito. Add 11:00-16:00 Padiglione Centrale, Piano Terra, Stand A3/B5 Ospite speciale allo stand Rise Beatbox. Russell Athletic 11:30 Padiglione Cavaniglia, Stand 35 Live performance dell'artista Mushua e presentazione della collezione Eagle R. Ripetuta anche alle 16:00. -
The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education Krista Michele Mooney
Florida State University Libraries Electronic Theses, Treatises and Dissertations The Graduate School 2005 The Evolution and Expansion of Eleventh Amendment Immunity: Legal Implications for Public Institutions of Higher Education Krista Michele Mooney Follow this and additional works at the FSU Digital Library. For more information, please contact [email protected] THE FLORIDA STATE UNIVERSITY COLLEGE OF EDUCATION THE EVOLUTION AND EXPANSION OF ELEVENTH AMENDMENT IMMUNITY: LEGAL IMPLICATIONS FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION By KRISTA MICHELE MOONEY A Dissertation submitted to the Department of Educational Leadership and Policy Studies in partial fulfillment of the requirements for the degree of Doctor of Philosophy Semester Approved Fall Semester, 2005 Copyright © 2005 Krista Michele Mooney All Rights Reserved The members of the committee approved the dissertation of Krista Michele Mooney defended on October 7, 2005. ______________________________ Joseph C. Beckham Professor Directing Dissertation ______________________________ Michael J. Mondello Outside Committee Member ______________________________ Dale W. Lick Committee Member ______________________________ Robert A. Schwartz Committee Member Approved: ____________________________________________________________________________ Joseph C. Beckham, Interim Chair, Department of Educational Leadership and Policy Studies The Office of Graduate Studies has verified and approved the above named committee members. ii For my mother and father: my sounding boards, my cheerleaders, my -
Here Comes the Budget Bride the Biggest News in Fashion This Week Isn’T on the Milan Runways
The Inside: Pg. 18 ICAHN’S FEDERATED MOVE/3 KELLWOOD’S BUY/3 Where LoyaltyWWD Lies WWDWomen’s Wear Daily • The Retailers’THURSDAY Daily Newspaper • September 28, 2006 • $2.00 List Sportswear Here Comes the Budget Bride The biggest news in fashion this week isn’t on the Milan runways. Rather, it hails from the wonderful world of high- low, where Viktor & Rolf and H&M have gotten hitched for a short-term marriage. It’s that very idea that inspired Viktor Horsting and Rolf Snoeren, who discussed details of the collaboration exclusively with WWD. The ultimate object of their wedded bliss: this 298 euro, or $380, wedding gown, pictured here with Horsting and Snoeren in the ad campaign shot by Inez van Lamsweerde and Vinoodh Matadin. For more on the season, see pages 6 to 9. Chloé to Name Marni’s Paolo Melin Anderson as Head Designer By Miles Socha French fashion house later this about its succession plan after its hloé has tapped a senior, but year. show during Paris Fashion Week. Chidden, talent from Marni to Reached late on Wednesday, a Anderson, a Swedish native who succeed Phoebe Philo, WWD has Chloé spokesman said only, “We has worked at Marni for several learned. do not comment on rumors.” years, will assume the design According to sources, Paolo However, the house said recently helm at one of the fastest-growing Melin Anderson will join the it would make an announcement See Chloé, Page 10 WWDTHURSDAYWWD.COM Sportswear FASHION ™ For better or worse, themes played a big role in the Milan collections, from a silvery space theme to a football game to a fashion safari. -
Sex Worker Politics and the Term
very early in their formations, for example MODEMU and COIN in the Sex Worker Politics and Dominican Republic 25, and DMSC in Kolkata, India 26. Andrew Hunter summarises the the Term ‘Sex Work’ trend of the uptake of the term ‘sex work’ in Australia as a way for sex worker organisations to claim – with By Elena Jeffreys meaning and integrity – our place in the HIV sector.27 HIV has an impact on Contemporary sex workers have been as workers10, as organised workers and all people engaged in sex work. The theorising about our work since the very activists11, as public and community term ‘prostitution’ was too specific and beginnings of the sex worker movement educators 12, and experts in peer lacked meaning in the language of the in the 1970s. Carol Leigh1 and Margot St education to other sex workers13. Sex HIV sector. Terminology changed to use James2 were influential in the USA. They worker theory began repositioning ideas terms that encompassed all sex work, and their organisation COYOTE came about sex work in the public sphere and to use sex workers’ own term, not from a sex worker oriented political from solely negative to celebratory terms that society use as insults. The perspective.3 Their new thinking on sex and positive. adoption of the term ‘sex work’ was a work were developed at a time when Carol Leigh is the embodied radical and influential change for sex the early sex worker rights movement expressions of this new politic. Her worker politics in Australia on many was at a ‘unique historical moment’ 4. -
James Buchanan As Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25
MARK A. GRABER* James Buchanan as Savior? Judicial Power, Political Fragmentation, and the Failed 1831 Repeal of Section 25 A ntebellum Americans anticipated contemporary political science when they complained about the tendency of embattled political elites to take refuge in the judiciary. Recent scholarship on comparative judicial politics suggests that judicial review is a means by which constitutional framers provided protection for certain class interests that may no longer be fully protected in legislative settings. Tom Ginsburg claims, "[I]f they foresee themselves losing in postconstitutional elections," the politicians responsible for the constitution "may seek to entrench judicial review as a form of political insurance." 1 Such a constitutional design ensures "[e]ven if they lose the election, they will be able to have some access to a forum in which to challenge the legislature."2 In 1801, Thomas Jefferson foreshadowed this strategy. He asserted that the defeated Federalist Party had "retired into the judiciary as a stronghold ...and from that battery all the works of republicanism are to be beaten down and erased.",3 More than a half century later, Chief Justice David S. *Professor of Law and Government, University of Maryland School of Law. This Article was written while the author was the 2008-09 Wayne Morse Chair at the University of Oregon School of Law. I am grateful to the Morse Foundation, Margaret Hallock, and Elizabeth Weber for their remarkable support. I am also grateful to numerous colleagues at the University of Maryland School of Law and elsewhere who read and commented on what follows without giggling too much. -
Madison Ave., 780 Madison Ave., 907 Madison Ave., 804 Madison Ave., P
66TH ST. 75TH ST. 29 Dennis Basso 85 Nicole Miller 118 Yumi Katsura 143 Léron 765 Madison Ave., 780 Madison Ave., 907 Madison Ave., 804 Madison Ave., p. 44 p. 54 p. 62 p. 123 30 Di Modolo 86 Oliver Peoples 119 Yves Saint Laurent 144 Macklowe Gallery 635 Madison Ave., 755 Madison Ave., p. 89 Rive Gauche 667 Madison Ave., p. 68 87 Paul & Shark 855 Madison Ave., p. 110 31 DKNY 772 Madison Ave., p. 85 pp. 60, 87 145 Pavillon Christofle Madison 655 Madison Ave., 65TH ST. 88 A Pea in the Pod 680 Madison Ave., pp. 44, 75 860 Madison Ave., p. 74 BEAUTY & p. 125 Avenue 32 Dolce & Gabbana 89 Pilar Rossi BATH 146Pierre Deux 825 Madison Ave., 784 Madison Ave., p. 56 120 Bond No. 9 New York 625 Madison Ave., 74TH ST. CLOTHING & pp. 44, 82 90 Prada 897 Madison Ave., p. 125 ACCESSORIES 33 Donna Karan 841 Madison Ave., p. 95 147 Porthault 1 Aaron Basha New York pp. 56, 65 121 Boyd’s Madison 18 E. 69th St., p. 124 680 Madison Ave., p.66 819 Madison Ave., 91 Primavera Gallery Avenue Department 148Pratesi 2 Akris p. 44 808 Madison Ave., Store 829 Madison Ave., 835 Madison Ave., p. 41 34 Dooney & Bourke 64TH ST. p. 70 655 Madison Ave., p. 124 3Anne Fontaine 20 E. 60th St., p. 64 92 Ralph Lauren p. 95 149Quinto Sol 35 Emanuel Ungaro 888 Madison Ave., 687 Madison Ave., p. 41 AVE. MADISON 122 Caron 937 Madison Ave., 792 Madison Ave., pp. 56, 65 675 Madison Ave., p. -
Historic Wallpaper Fragment C. 1820-1830 Materials: Cotton Paper, Ink American
Historic Wallpaper Fragment c. 1820-1830 Materials: Cotton paper, ink American During the restoration of the Homestead in the 1960s, wallpapers dating to the first quarter of the nineteenth century were found in the Library. Four layers of wallpaper were discovered behind the earliest of the built-in bookcases, which is on the east wall. According to curator Lewis C. Rubenstein, the papers were obtained by cutting a hole in the wall from the other side (in the service hall) and removing a complete cross-section of plaster without disturbing the bookcase. The bottom layer of paper (c. 1801) is a green and white leaf pattern, which has been reproduced and installed in the Front Parlor. The second paper (c. 1805-1815), is the yellow and white hop flower pattern that is currently reproduced in the Dining Room. The third layer (c. 1810-1825) is a stylized pineapple or pine cone pattern printed in ochre, black, and white and is reproduced in the Hall. This top layer is a pillar print with an elaborate floral and foliate motif in black and green on a yellow ground; it can still be seen through cracks in wall behind the bookcase. All of the wallpapers are block-printed on sheets of paper that are made up of squares pasted together to form long strips. The section that was removed by the curator can be definitively dated to John Jay’s period of residence because there is a pencil inscription on one of the layers. On the underside of the top layer of paper, a pencil inscription reads: "John Jay, Esq./ Bedford" and "...Mr. -
The 100 Most Renowned Luxury Brands and Their Presence in Europe's Metropolitan Centres
Glitter and glamour shining brightly The 100 most renowned luxury brands and their presence in Europe’s metropolitan centres Advance • Luxury shopping streets Europe • July 2011 2 Worldwide luxury market has emerged stronger from the financial crisis The global market for luxury goods has emerged from the financial uses images of diligent craftsmen and companies seek to add crafts crisis significantly faster than expected. The likes of Burberry, Gucci firms with long traditions to their portfolios. At the same time, the Group, Hermès, LVMH, Polo Ralph Lauren, Prada and Richemont east-bound shift of manufacturing activities, which was in full swing have recently reported double-digit sales growth or even record an- before the financial crisis, has slowed down significantly. nual sales, which has also reflected favourably on their share prices. Companies’ own store networks have played a significant role in all Rising requirements in the areas of marketing and logistics these success stories, with their retail operations typically growing March saw the launch of Mr Porter, the new men’s fashion portal of ahead of their other divisions. Most recently business has mainly Net-a-Porter, the world’s leading e-commerce seller of luxury goods. been driven by Asia. With the exception of Japan, this is where the Yoox most recently reported a continuing rise in its sales figures. All luxury brands have recorded the highest growth rates. In particular major luxury labels have considerably expanded the online shopping luxury fashion makers have greatly benefited from the booming Chi- offerings on their websites and feature them prominently in their nese market. -
The Restriction of Civil Liberties During Times of Crisis
Connecticut College Digital Commons @ Connecticut College Government and International Relations Honors Government and International Relations Papers Department 5-2009 The Restriction of Civil Liberties during Times of Crisis: The volutE ion of America's Response to National Military Threats Matthew .D Fairman Connecticut College, [email protected] Follow this and additional works at: http://digitalcommons.conncoll.edu/govhp Part of the American Politics Commons, and the United States History Commons Recommended Citation Fairman, Matthew D., "The Restriction of Civil Liberties during Times of Crisis: The vE olution of America's Response to National Military Threats" (2009). Government and International Relations Honors Papers. 7. http://digitalcommons.conncoll.edu/govhp/7 This Honors Paper is brought to you for free and open access by the Government and International Relations Department at Digital Commons @ Connecticut College. It has been accepted for inclusion in Government and International Relations Honors Papers by an authorized administrator of Digital Commons @ Connecticut College. For more information, please contact [email protected]. The views expressed in this paper are solely those of the author. THE RESTRICTION OF CIVIL LIBERTIES DURING TIMES OF CRISIS THE EVOLUTION OF AMERICA’S RESPONSE TO NATIONAL MILITARY THREATS An Honors Thesis Presented By Matthew David Fairman To the Department of Government in Partial Fulfillment of the Requirements for Honors in the Major Field CONNECTICUT COLLEGE NEW LONDON, CONNECTICUT MAY 1, 2009 ABSTRACT This treatise explores the nature and significance of the threat posed to civil liberties during times of major national military crisis and evaluates changes in the nature of wartime repression over the course of American history. -
Sarah Livingston Jay, 1756--1802: Dynamics of Power, Privilege and Prestige in the Revolutionary Era
Graduate Theses, Dissertations, and Problem Reports 2005 Sarah Livingston Jay, 1756--1802: Dynamics of power, privilege and prestige in the Revolutionary era Jennifer Megan Janson West Virginia University Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Janson, Jennifer Megan, "Sarah Livingston Jay, 1756--1802: Dynamics of power, privilege and prestige in the Revolutionary era" (2005). Graduate Theses, Dissertations, and Problem Reports. 797. https://researchrepository.wvu.edu/etd/797 This Thesis is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. Sarah Livingston Jay, 1756-1802: Dynamics of Power, Privilege and Prestige in the Revolutionary Era Jennifer Megan Janson Thesis submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Master of Arts in Colonial and Revolutionary History Robert Blobaum, Ph.D., Department Chair Mary Lou Lustig, Ph.D., Committee Chair Ken Fones-Wolf, Ph.D. -
Rua-Fonti-Serie-2-11.Pdf
LETTEREDONRUAoK.qxd 30/06/2009 7.38 Pagina 1 ISTITUTO STORICO SALESIANO – ROMA FONTI – Serie seconda, 11 LETTEREDONRUAoK.qxd 30/06/2009 7.38 Pagina 2 ISTITUTO STORICO SALESIANO – ROMA FONTI – Serie seconda, 11 SCRITTI EDITI E INEDITI DI SALESIANI Vol. XI LAS - ROMA LETTEREDONRUAoK.qxd 30/06/2009 7.38 Pagina 3 ISTITUTO STORICO SALESIANO – ROMA FONTI – Serie seconda, 11 MICHAEL RUA LETTERS TO THE CONFRERES OF THE ENGLISH PROVINCE (1887-1909) Introduction, critical text and notes by MARTIN MCPAKE & WILLIAM JOHN DICKSON LAS - ROMA LETTEREDONRUAoK.qxd 30/06/2009 7.38 Pagina 4 A Silvia y Fernando “I nostri insegnanti ebbero sempre di mira… fare della scuola una missione” (F. Cerruti) Michael Rua Letters to the confreres © 2009 by LAS - Libreria Ateneo Salesiano Piazza dell’Ateneo Salesiano, 1 - 00139 Roma Tel. 06.87290626 - Fax 06.87290629 e-mail: [email protected] - http://las.unisal.it ISBN 978-88-213-0730-0 Tipolito: Istituto Salesiano Pio XI - Via Umbertide, 11 - 00181 Roma Finito di stampare: Luglio 2009 LETTEREDONRUAoK.qxd 30/06/2009 7.38 Pagina 5 INTRODUCTION Michael Rua (1837-1910) was a pupil, then the lifetime collaborator and finally, the first successor of St John Bosco as Rector Major of the Salesian Society (1888-1910). During his Rectorate the Salesians grew from 1030 members in 64 houses to 4420 confreres scattered across the globe. These letters offer the reader a glimpse of the character of their writer and of the pastoral care he took of a small group of relatively insignificant Salesians in what was very often the inhospitable atmosphere of the British Empire at the height of its power.