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A Survey of the General Usary Laws

Details: the general usury laws through such legislation as special small loan laws, pawnbroker's acts, Morris Plan acts, special bank acts, building and loan association laws, and credit union laws. A tabular presentation of certain aspects of the usury statutes is presented in the Chart on pp. 48-53.

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The Laws of War: Problems of Implementation in

Details: severe so far as implementation of the laws of war is concerned. A complicating factor in the application of the laws of war is that the majority of wars in the post-1945 world have failed to fall neatly into the category of "international armed confict"-the only category of war to which the main body of the laws

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Conflict of Norms or Conflict of Laws

Details: Although certain traditional conflict-of-laws rules cannot be used . tel quel. because the connecting factors they rely on – places, people, governmental interests – cannot be applied to regimes, functionally refined conflict-of-laws rules promise to be more helpful.

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Globalization and Law: Law Beyond the State

Details: Even where laws look the same formally, their actual application often differs significantly.The same is true for theses of an “americanization” of law.7 Even if it is the case that US law has been enormously influential in the world—in contract drafting, in commercial law, in

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A Treatise on the Conflict of Laws. By Albert A. Ehrenzweig

Details: BOOK REVIEW A TREATISE ON THE CONFLICT OF LAWS. By Albert A. Ehren-zweig.1 St. Paul: West Publishing Co. 1962. Pp. Ii, 824. $10.00. This is the most learned and original treatise on the conflict of laws in English since Beale's.2 It comes at a time when the edifice of traditional conflict-of-laws doctrine is in ruins.

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The Role of the States in Corporate Regulation and

Details: laws which also includes the new Uniform Securities Act with Official Comments and Draftsmen's Com-mentary. Louis Loss AND EDWARD CowErr, BLUE SKY LAW (958). The Uniform Act also appears in 9C U.L.A. 84 (957). 'NAT'L CONFERENCE OF COalsa'RS ON UNIFORM STATE LAWS, HANDBOOK 134-35 (1956).

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Slavery in the United States

Details: the Crown, or the courts ever create laws or precedents to allow slavery in the metropolisortogovern slaveryin thecolonies.Slavery intheBritish Empirewould be governed by local laws, haphazardly passed by colonial legislatures or developed by colonial courts responding to specific events and cases. This would lead to a

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Public Tort Liability Administration: Basic Conflicts and

Details: 336 LAW AND CONTEMPORARY PROBLEMS City of Los Angeles. The law of municipal tort liability in California already had been summarized and studied in relation to the law of other states.

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Robinson v. Cahill: The â Thorough and Efficientâ Clause

Details: NEWJERSEY 313 Minnesota,8 Kansas, 9 New Jersey,'0 Arizona,"1 and Michigan'2 were struck down in rapid succession; 13 and challenges to similar laws were brought in more than thirty other states.14 Only courts in New York 5 and Indiana" sus- tained their respective school finance statutes. Due to the conflict created by the post-Serrano decisions, most of which

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Pay Equity and Womenâ s Wage Increases: Success in the

Details: and by labor unions, based on national laws such as the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and similar state laws.8 Although the concept did gain currency abroad, 9 these early efforts did not generally succeed in establishing pay equity remedies in the United States. Washington

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State Food, Drug and Cosmetic Legislation and its

Details: prehensive laws regulating the manufacture and sale of adulterated and misbranded food and drugs. The language of the definitive provisions as to adulterated or mis-branded food and drugs is practically the same in the state laws as in the definitive provisions of the Federal Food and Drug Act of 19o6.

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Conflict of Norms or Conflict of Laws

Details: conflicts between sectoral laws—regimes—must, like conflicts between national laws, be dealt with through a system of conflict of laws.13 One of us, in a relatively early book on the subject, briefly considered but rejected, for the time being, a private international law approach.14 …

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General Corporation Laws: History and Economics

Details: GENERAL CORPORATION LAWS: HISTORY AND ECONOMICS DAVID MCBRIDE* “Where there is no bread, there is no Law; where there is no Law, there is no bread.” 1 “[T]wo intellectual inventions of the Renaissance, double-entry bookkeeping and the corporation, proved vital to the development of European civilization in the New World . . . .” 2 I

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Liability of Corporate Shares to Legal Process

Details: whose laws are consistent with this act."'4 In reference to creditors' remedies, section 13 provided that no attachment or levy should be valid unless: (1) the certificate was actually seized by the officer making the levy or attachment; or (2) the certificate was surrendered to the corporation which had issued it; …

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Conflict of Laws in the Uniform Commercial Code

Details: of laws, is unwise and should be omitted from the Code; and the Executive Secretary of the Institute of International and Comparative Law is requested to transmit a copy of this resolution to the President of the American Law Institute and the Chairman of Com-missioners on Uniform Laws.

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The Loan Shark Problem in the Southeastern States

Details: laws of these last three states provide, however, that under the assignment not more than io per cent of the borrower's salary, wages or commissions can be collected from the employer of the borrower by the lender on each pay day of the borrower. Provisions for licensing lenders are included in the laws of all of the above

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The Relation of Federal and State Securities Laws

Details: SECURITIES LAWS RUSSELL A. SMITH* State "Blue Sky" laws antedated by more than twenty years the Securities Act of 1933 and the Securities Exchange Act of 1934. At the time of the passage of those Acts every state but one had on its statute books legislation relating to the sale of securities.

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International Conflict of Laws and the New Conflict of

Details: conflict-of-laws perspective may illuminate the new Conflicts Restatement’s concern with scope in the conflict-of-laws process. This is so because conflict-of-laws rules arguably serve the same goals as the presumption against extraterritoriality. As a matter of policy, the presumption against

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Evasion and Avoidance of Usary Laws

Details: EVASION AND AVOIDANCE OF USURY LAws everyday banking practice. The loan is discounted at the customary rate within the state, such as 5%, 6% or 8%; then substantially equal payments are required either on the note itself or in an "account." The borrower is told he is able to borrow, say at 50 per annum.

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State Enforcement of Federal Law

Details: Antitrust Laws by State Attorneys General, in COMPETITION LAWS IN CONFLIcr: ANTI-TRUST JURISDICTION IN THE GLOBAL EcONoMy 252, 252-66 (Richard A. Epstein & Michael S. Greve eds., 2004). For defenses, see Stephen Calkins, Perspectives on State and

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Anti-Miscegenation Laws in the United States

Details: such laws frequently reflects the fact that Negroes and Orientals are a negligible part of the population in these states, and that intermarriages are so few that the question can be ignored. "Moreover, the absence of such legislation is a source of some pride and it gives a certain feeling of

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Federal Regulation of Insurance Companies: The

Details: many state insurance laws violated both the Sherman and Clayton Acts, 91 CONG. REc. 484 (1945), although he also discussed the reasons justifying rate-fixing by insurance companies. Id. at 1481. 10. Insurance companies naturally preferred to be subjected to a less stringent state antitrust scheme.

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International Law in Domestic Courts: A Conflict of Laws

Details: The “conflict-of-laws machine,” we argue, is a way to reach a result without yielding to arbitrariness in the face of otherwise insurmountable complexity. Accordingly, we describe our larger project. 6 as “theory through technique.” This project will use private international

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The Extraterritorial Application of American Law: A

Details: of laws." As the domestic counterpart of the international law issue of the extraterritorial application of American law, conflict of laws offers insights and analogies which, surprisingly, have been rarely exploited or explored.' Conflict of laws has methodological problems, and experience in that field

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"The Re-State-Ment of Non-State Law: The State, Choice of

Details: Somewhat surprisingly, conflict of laws and global legal pluralism rarely meet, so far, in analyses This paper does not set out its own theory of conflict of laws for global legal pluralism. Instead, its goal is more modest: to attain conceptual clarity about the encounter of pluralism and conflict of laws that would make such a theory possible.

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Legal Limits on Religious Conversion in India

Details: laws” in India (certain civil, primarily family, laws that vary by religious community) is also complicated by conversion.5 Judges and administrators grapple with the ambiguities of personal and group identities, including the untouchables. Previously known as the “depressed classes,” the Scheduled Caste category was created

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The Muddled Duty to Disclose Under Rule 10b-5

Details: the federal securities laws, especially in the context of private securities litigation and fraud-on-the-market lawsuits. There is probably some truth to this. But we should be careful. After all, the affirmative duty to disclose has been an extraordinarily hard subject in contracts and torts for centuries.

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The Role of the Law in Drug Control

Details: The purest example of laws aimed at such conduct are the statutes which require the driver of a motorcycle to wear a protective helmet., It is true that one can argue that the helmet really protects others, * A.B. 1951, Harvard University; LL.B. 1954, Harvard University. Professor of Law, Stanford University.

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The Divorce Laws of Mexico

Details: laws of the Mexican states," for prertvolutionary Mexico had been adamant in the preservation of the -indissolubility of marriage,2 permitting only separation from bed and board or what is equivalent to our limited divorce. Moreover, lest one or more of the twenty-eight states …

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The Bush Administration and Civil Rights: Lessons Learned

Details: antidiscrimination laws in employment, education, housing, public accommodations, and the criminal justice system. Today the Division consists of ten sections with over 300 lawyers and a yearly budget of $114 million.3 Throughout our history, the Civil Rights Division has played a prominent and venerable role. Its …

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Implementation and Effectiveness of Connecticutâ•Žs Risk

Details: SWANSON_PROOF (DO NOT DELETE) 4/16/2017 2:19 PM No. 2 2017] RISK-BASED GUN REMOVAL LAWS 181 determine whether the policy saved lives, and concludes with an estimate of the number of gun removal cases that are necessary to avert one suicide.

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The Story of Ewing: Three Strikes Laws and the Limits of

Details: sentencing laws.9 These general developments set the stage for the adoption of the recidivist statutes popularly called three strikes laws. Although the three strikes terminology was new, habitual offender statutes, which provide enhanced sentences for an offender who has prior convictions for a specified number of felonies, have had a long

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Conflict of Laws: Pennsylvania Repudiates Place of Injury

Details: CONFLICT OF LAWS herence to the place-of-injury rule,10 the applicable law would auto- matically have been that of Colorado. Instead, the court expressly abandoned lex loci delecti and in its place adopted "a more flexible

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Conflict of Laws: Application of Foreign Remedies

Details: Vol. 1961: V16] CONFLICT OF LAWS 319 adequate remedy,20 but the remedy sought was contrary to its public policy.2 1 It is well recognized that the forum need not apply foreign law that is against its public policy.2 This ground alone was adequate to explain the court's decision. Similarly, in Phrantzes, at least two

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Cross-Border Investment, Conflict of Laws, and the

Details: regulatory laws of countries with developed markets and significant 4. See The Surprising Emergence of Distant Shares, The Economist 93 (Nov 16, 1991) (describing the rapid development of interest in emerging markets, and commenting that scarcely a month goes

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Rules Versus Standards: An Economic Analysis

Details: whether laws are given content ex ante (rules) or ex post (stan-dards). In so doing, it illuminates concerns about the over- and underinclusiveness of rules relative to standards. t Professor, Harvard Law School and Research Associate, National Bureau of Eco- nomic Research.

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Competition Law & Policy in Developing Countries

Details: More than one hundred and thirty countries or jurisdictions now have laws that seek to safeguard and foster market competition.1 At a minimum, such competition laws prohibit agreements among supposed competitors to fix prices, divide markets, or in other ways avoid or undermine market competition. 2 Often, these laws

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The Conflict of Laws in Commercial Arbitration

Details: laws has neglected commercial arbitration or vice versa (see note 26 infra) is based, to a very large extent, on the failure to recognize, deal with, and attempt a solution of the problems raised at the time he was writing. The inescapable conclusion is that these problems, still unanswered, are the core of the

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Economic Implications of Business Boundary Laws

Details: for laws favoring their own type of structure or handicapping some rival type. That every such bill has the backing of one or more economic groups may be taken for granted. The Department of Justice has had occasion to point out in legal proceed-ings the effort made by certain ice cream manufacturers to …

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Gun Law History in the United States and Second Amendment

Details: notions that gun laws are largely a function of modern, industrial (or post-industrial) America, that gun laws are incompatible with American history and its practices or values, and that gun laws fundamentally collide with American legal traditions or individual rights, are all patently false. Following this

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Consumer Protection Choice of Law: European Lessons for

Details: laws].”21 More specifically, the court said that the policy was fundamental since application of the chosen law would act to deprive consumers of any realistic opportunity to recover small sums that were obtained by fraud.22 Thus, the court here afforded California consumers the protection of the laws

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Separation of Powers: Judicial Independence

Details: the laws, that of executing the public resolutions, and of trying the cases of indi-viduals.7 Montesquieu also observed that, in the British system, the judiciary ranked "next to nothing" when compared with the other branches of government! Some seventeen years later, Blackstone noted the importance of a …

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Accommodating the Securities Laws to Employee Benefit Plans

Details: laws are literally applied to employee benefit plans. Quite simply, the securities laws by and large are designed for purposes quite foreign to such plans. While much has been written about accommodating em-ployee benefit plans to the securities laws,'I it is more useful, or at least

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Determining the Territorial Scope of State Law in

Details: laws. It begins by outlining the relevant provisions of the Restatement 14. See id. at 111 (explicitly adopting Currie’s approach on this particular point); see also Brainerd Currie, Notes on Methods and Objectives in the Conflict of Laws, 1959 DUKE L.J. 171, 178 (1959) (“This

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Legal Techniques for Combating Loan Sharks

Details: In practice, usury laws have failed to do so in this field of lending.4 The lending of small sums illegally to wage earners as a substantial business is of relatively recent origin.5 Usury laws, which have existed for more than 300 years without any substantial change in form, do not provide a means to cope with this

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Defeasible Second Amendment Rights: Conceptualizing Gun

Details: on constitutional rights, like felon disenfranchisement and similar laws. And how courts conceptualize the right could matter in many cases. For example, if those under twenty-one years of age fall outside the scope of the Second Amendment, they lack standing to challenge federal laws prohibiting

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Price Controls, Antitrust Laws, and Minimum Price Lawsâ

Details: laws is to insure the proper functioning of the free market system. Price controls, on the other hand, are designed to suspend the operation of the market mechanism. Consequently, whenever price controls are in effect the antitrust laws are deposed. The argument has a ring of …

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