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bare life

Italian philosopher Giorgio Agamben's concept for life that has been exposed to what he terms the structure of exception that constitutes contemporary biopower. The term originates in ...

possibility

possibility ((in land law))   Quick reference

A Dictionary of Law (9 ed. )

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
101 words

... n. (in land law) An interest in land that depends on the occurrence of an uncertain future event. A bare possibility , such as a spes successionis , i.e. a person’s expectation of inheriting land under the will of a testator who is still alive (i.e. depending on the testator dying without having revoked the will), confers no legal or equitable interest. A possibility coupled with an interest (e.g. B’s rights under a conveyance “to A for life, and if C is living at A’s death then to B”) can be transferred by will or by deed. See also possibility...

Insurance Rates, Equality and

Insurance Rates, Equality and   Reference library

Judith A. Baer

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
773 words

...had simply “offered a range of discriminatory benefits, rather than only one, [which] provides no basis whatever for distinguishing Manhart ” (p. 708). See also Gender ; Race and Racism . Judith A. Baer , Equality under the Constitution: Reclaiming the Fourteenth Amendment (1991). Claire Sherman Thomas , Sex Discrimination and the Law (1982). Judith A. ...

interest in possession

interest in possession   Quick reference

A Dictionary of Law (9 ed. )

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
217 words

...2006 , any charge to inheritance tax is computed by bringing into that person’s estate the full capital value of the property over which he has an interest in possession (Inheritance Tax Act 1984 s 49). A lease for life is treated as an interest in possession (s 43(3)). Trusts are often categorized as falling into one of three categories: bare trust , discretionary trust , and interest in possession trust . Although this threefold division lacks precision and fails to recognize the importance of all the individual terms of a trust, the categorization of...

Pregnancy, Disability, and Maternity Leaves

Pregnancy, Disability, and Maternity Leaves   Reference library

Judith A. Baer

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
725 words

...differently from physical conditions which do not. If the Court cannot force society to accommodate women's two roles, at least it has not frustrated these efforts. See also Employment Discrimination ; Gender . Sylvia Ann Hewlett , A Lesser Life: The Myth of Women's Liberation in America (1986). Judith A. ...

sovereignty

sovereignty   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,250 words

...authority is constituted through the abandonment of a life that would ordinarily be subject to legal protection. Giorgio Agamben in Homo Sacer: Sovereign Power and Bare Life ( 1998 ) has elaborated how the ‘camp’ is the paradigm of modern sovereignty. In the camp, the hollowness of the sacredness of life associated with the elevation of the ‘human’ above the ‘animal’ is exposed. Life is rendered ‘bare’—subject to sovereign calculations and beyond legal protections. Others have argued that life in the ‘camp’, from Abu Ghraib in Iraq, to the detention of...

Abortion

Abortion   Reference library

Judith A. Baer

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,269 words

...Graber , Rethinking Abortion (1996); Eileen L. McDonagh , Breaking the Abortion Deadlock (1996); Karen O'Connor , No Neutral Ground? (1996); Rosalind P. Petchesky , Abortion and Woman's Choice (1990); Lawrence H. Tribe , Abortion: The Clash of Absolutes (1991). Judith A. ...

marriage

marriage   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
743 words

...In England and Wales the majority of marriages are celebrated in a civil ceremony. Such a ceremony may take place either in a register office or in a venue (such as a hotel) that has been approved for the celebration of civil marriage. Couples will usually supplement the bare legal formalities with their choice of readings and music. The ceremony may not include readings from religious texts or the singing of hymns, although poems and songs containing incidental religious references are permitted. Unlike in many Continental countries, couples are not...

Donoghue v Stevenson

Donoghue v Stevenson (1932)   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
837 words

...life after the case, it is certain that she survived Stevenson, being divorced in 1945 and eventually dying in 1958 , aged 59. While on its precise facts the importance of the case was minimal, nonetheless the significance of the issue of principle did not escape the members of the House of Lords. Were consumer claims (and, perhaps, all negligence claims) involving goods or services supplied under a contract to be determined solely by that contract, or was there a possibility in addition of claims in negligence going beyond contract? By a bare...

Double Jeopardy

Double Jeopardy   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
1,210 words

...acquitted or convicted of an offense, he should be able to consider the matter closed and plan the rest of his life without the looming threat of prosecution and possible imprisonment. Other objectives commonly cited include the avoidance of social stigma to a defendant who must undergo repeated criminal trials; preserving the integrity of jury verdicts; and economy of time and money for the defendant as well as the government. Stripped to its bare bones, the contours of the Fifth Amendment right against double jeopardy appear self-evident: the amendment...

Taft, William Howard

Taft, William Howard (15 Sep. 1857)   Reference library

Jonathan Lurie

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
2,071 words

...he dissented about twenty times and submitted written dissents in only four cases. Yet he wrote 249 opinions on behalf of the Court. Taft's conservative tendencies demonstrated during his first judicial career were very much in evidence during his second. In 1921 , speaking for a bare majority of the Court, he struck down an Arizona statute that limited use of injunctions during labor disputes. Conduct that strikers claimed to be sanctioned by the statute was, according to Taft in Truax v. Corrigan ( 1921 ), “moral coercion by illegal annoyance and...

Privileges and Immunities

Privileges and Immunities   Reference library

C. Hermann Pritchett and John C. Eastman

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
1,582 words

...however. In the first major litigation implicating the new clause, the claim that legislation granting a slaughtering monopoly to certain butchers in New Orleans violated the privileges or immunities of competitors was rejected. Justice Samuel F. Miller , writing for a bare 5‐to‐4 majority in the Slaughterhouse Cases ( 1873 ), held that the privileges or immunities of state citizens were not properly a national concern but rather “are left to the State governments for security and protection” (p. 78). Justice Stephen J. Field , dissenting ,...

literature and law

literature and law   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,024 words

...( The Paper Chase ) and Australia's Chris Nyst ( Crook as Rockwood ). With this sort of interdisciplinary crossover, no wonder world literature is so replete with tales of ‘crime and punishment’ and that common law legal judgments bristle with vivid metaphors ( Brennan C J 's ‘bare bones of the common law’ in the Australian Mabo decision), memorable phrases (Oliver Wendell Holmes ' ‘clear and present danger’ in Schenk v US ( 1919 ) and scene‐setting narrative techniques ( Lord Denning 's celebrated opening in Hinz v Berry ( 1970 ): ‘It was bluebell...

Civil Rights and Civil Liberties

Civil Rights and Civil Liberties   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
3,367 words

...1989 and 1990 the Court headed by William Rehnquist found that such burnings were protected speech. When the subject was nude dancing, a bare majority of justices found no protected speech, though attempts to regulate the Internet to protect children from sexually explicit material were deemed to be invasive of free speech. Feminists and others have questioned the primacy of the free speech protection in American life, arguing that sexually explicit material tends to demean women and that words do indeed wound. Courts have generally not been sympathetic to...

Privacy

Privacy   Reference library

Sanford Levinson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
7,110 words

...takings that require compensation ( see Regulatory Taking ). For better or worse, the protection of private property and the values attached to its ownership has increasingly been left to the vagaries of the ordinary political process, with judicial scrutiny limited to a bare minimum. Post‐ 1937 constitutional theorists, then, were left with the task of explaining the withdrawal of any strong judicial regard for private property. Did it result from a general notion that the Court, as an arguably undemocratic (or at least antimajoritarian) institution,...

Supreme Court of the United States

Supreme Court of the United States   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
4,163 words

...measures for special interests or for running afoul of principles of laissez-faire capitalism. Indeed, the period became identified as “the Lochner era” because Lochner v. New York ( 1905 ) struck down a New York law limiting the hours bakers could work. There, a bare majority held it to violate an unenumerated “liberty of contract” protected by the Fourteenth Amendment’s Due Process Clause. The confrontation between the Court and Congress reached a “constitutional crisis” in 1937 . After his landslide reelection in 1936 and bitter over...

Military Justice

Military Justice   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,933 words

... 1951 , with one very conspicuous exception, in general federal “civil” courts have not been consistently involved in military justice. The one exception to this pattern is a controversial case O’Callahan v. Parker ( 1969 ), decided by a divided Supreme Court. Speaking for a bare majority, Justice William O. Douglas rejected court-martial authority concerning an army sergeant who while on leave had committed a felony (attempted rape) off base. This offense was not related in any way to the military, the victim was a civilian, and the assault had been...

Speech and the Press

Speech and the Press   Reference library

Bill F. Chamberlin

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
7,442 words

...acts, the Court said speakers could not be punished unless their speech constituted a clear and present danger to the security of the nation. However, the test was used more often to punish speech than to protect it in large part because the Court seldom required more than a bare assertion from the government that a danger was “clear and present.” Yet in the early 1940s, the clear and present danger test was used to protect journalists writing about the criminal justice system. The Supreme Court held that judges could not cite the news media for...

History of the Court

History of the Court   Reference library

William M. Wiecek, Michael Les Benedict, Melvin I. Urofsky, and Stephen L. Wasby

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
28,309 words

...two state laws aimed at ameliorating the effects of the depression. It sustained a Minnesota mortgage moratorium in Home Building and Loan Association v. Blaisdell ( 1934 ) and a New York price‐fixing statute in Nebbia v. New York ( 1934 ). These decisions, both reached by bare 5‐to‐4 majorities, did not bode well for the New Deal, which unlike any reform movement that preceded it tried to manage as well as reform the economy. President Roosevelt compared the depression to war and proposed drastic and innovative legislation to deal with the crisis....

Due Process

Due Process   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,063 words

...of a steadily increasing number of legally protected civil liberties. By contrast with expressly enumerated rights—for example, the procedural right to trial by jury or the substantive guarantee against the taking of private property for public use without just compensation—the bare words “due process” provide little clue to what is protected, and its present meaning is the product of a long history. Historical Background. Although now almost exclusively associated with American constitutional law, due process as a phrase and as a concept originated in...

Establishment of Court

Establishment of Court   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
2,390 words

...legislature. From its introduction until its assent, the Bill was before the Parliament for more than a year. The Judiciary Act declared the High Court to be a superior court of record. It left the number of Justices (after an earlier draft had provided for five) at the bare minimum permitted by the Constitution of three, and provided for their remuneration without pensions. Among other provisions, it specified the nature and manner of exercise of the Court's original and appellate jurisdictions. An extraneous jurisdiction as the Court of Disputed...

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