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[Cont Law] Youngstown. v. Sawyer (aggregate of his constitutional powers?) 2023.10.28해당카페글 미리보기
The power of Congress to adopt such public policies as those proclaimed by the order is beyond question. It can authorize the taking of private property for public use. It can make laws regulating the relationships between employers and...
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#2952 나는 누구인가? - 庶出英雄(서출영웅) A hero emerges from the common people 2023.10.26해당카페글 미리보기
of the ghosts who fell victim to the famous war between the three countries the previous day are there. I hereby authorize the liberation of the king due to the end of his reign. It can be said that the shape of the red cliffs in the...
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[Constitution] 5.PENNHURST STATE HOSPITAL v. HALDERMAN 2023.10.03해당카페글 미리보기
Foreign Commerce Corp. (1949) ⇨ 주 공무원의 월권행위는 sovereign immunity로 보호받지 못한다. (No sovereign would authorize its officials to violate its own law, and if the official does so, then Larson indicates that his conduct is ultra...
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[Constitutional law] McCulloch v. Maryland (US bank in Maryland) 2023.09.27해당카페글 미리보기
to let in the power of punishment for the infraction of law, why is it not equally comprehensive when required to authorize the use of means which facilitate the execution of the powers of Government, without the infliction of punishment...
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[Constitutional Law] Pennhurst State School & Hospital v. Halderman 2023.09.26해당카페글 미리보기
a federal question was presented, and the statute was unconstitutional (so the state did not have the power to authorize Young’s conduct) Application Analyzing the rule's background is essential. Article 3 Section 2 provides; “the...
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[Constitutional law] Pennhurst. v. Halderman (Question:res judicata?) 2023.09.24해당카페글 미리보기
responsibility to the supreme authority of the United States." Id. at 209 U. S. 160. Since the State could not authorize the action, the officer was "stripped of his official or representative character and [was] subjected in his person...
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Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938) 2023.09.20해당카페글 미리보기
v. Southard, 10 Wheat. 1. The Judiciary Article and the "necessary and proper" clause of Article One may fully authorize legislation, such as this section of the Judiciary Act. In this Court, stare decisis, in statutory construction, is...
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[constitutional Law] Michigan v. Long (Terry+Chimel+Belton) 2023.09.14해당카페글 미리보기
of a "plain statement" that a decision rests upon adequate and independent state grounds does not in any way authorize the rendering of advisory opinions. Rather, in determining, as we must, whether we have jurisdiction to review a...
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Modern Doctrine on Personal Jurisdiction 2023.09.12해당카페글 미리보기
the Court explained its rejection of a strict adherence to the physical presence test, holding that a state could authorize its courts to subject an out-of-state entity to in personam jurisdiction, consistent with due process, and thus...
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[CriminalProcedure] Colorado v. Bertine(The inventory car search exception) 2023.09.11해당카페글 미리보기
Assn. v. Shultz, 416 U.S. 21, 78-79 (1974) (POWELL, J., concurring)); nor can the Court's opinion be read to authorize the inspection of "containers which might themselves be sealed, removed and secured without further intrusion." 428...