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Commonwealth V. Alger
''Commonwealth v. Alger'', 61 Mass. (7 Cush) 53, was decided by the Supreme Judicial Court of Massachusetts in 1851. The majority opinion was written by Justice Lemuel Shaw. Brief Parties The defendant, Alger, was a Boston resident who owned property along the Boston harbor. The Plaintiff is the Commonwealth of Massachusetts. Relevant statutes There are two statutes involved in this case. # Colony Ordinance of 1647 which stated that owners of waterfront property also owned the adjoining land above the low water mark and within 100 rods of the land, with power to erect wharves and other buildings thereon; subject to the reasonable use of other individuals and of the public's ability to navigate. Construction was also subject to the restraints and limitations as the legislature may see fit to impose for the preservation and protection of public and private rights. 61 Mass. 53 (1851). # Massachusetts legislature enacted a subsequent statute pursuant to the Colony Ordinance of ...
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Supreme Judicial Court Of Massachusetts
The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay. Although it was historically composed of four associate justices and one chief justice, the court is currently composed of six associate justices and one chief justice. History The Massachusetts Supreme Judicial Court traces its history back to the high court of the British Province of Massachusetts Bay, which was chartered in 1692. Under the terms of that charter, Governor Sir William Phips established the Superior Court of Judicature as the province's local court of last resort (some of the court's decisions could be appealed to cour ...
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Lemuel Shaw
Lemuel Shaw (January 9, 1781 – March 30, 1861) was an American jurist who served as chief justice of the Massachusetts Supreme Judicial Court (1830–1860). Prior to his appointment he also served for several years in the Massachusetts House of Representatives and as a state senator. In 1847, Shaw became the father-in-law of author Herman Melville. He ruled on prominent cases involving slavery, segregation, and religion. Early life and education Shaw was born in West Barnstable, Massachusetts, the second son of the Rev. Oakes Shaw and his second wife Susanna, who was a daughter of John H. Hayward of Braintree. The Shaws were descendants of Abraham Shaw (January 2, 1590 – November 2, 1638), who left Halifax, England in 1636 and settled in Dedham. Oakes Shaw, a Congregationalist minister, was pastor of the West Church in Barnstable for forty-seven years. Lemuel was named for his uncle, Dr. Hayward of Boston, father of George Hayward, the surgeon. Educated at home by his f ...
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Commonwealth Of Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ...
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Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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Mugler V
Manfred Thierry Mugler (; 21 December 1948 – 23 January 2022) was a French fashion designer, creative director and creative adviser of Mugler. In the 1970s, Mugler launched his eponymous fashion house; and quickly rose to prominence in the following decades for his avant-garde, architectural, hyperfeminine and theatrical approach to haute couture. He was one of the first designers to champion diversity in his runway shows, which often tackled racism and ageism, and incorporated non-traditional models such as drag queens, pornstars, and transgender women. In 2002, he retired from the brand, and returned in 2013 as the creative adviser. At the beginning of his career he designed signature looks for Michael Jackson, Madonna, Grace Jones, David Bowie and Diana Ross; most notably Demi Moore's dress from the 1993 movie ''Indecent Proposal'', which was once coined "the most famous dress of the 1990s". In 1992, he directed and designed the outfits for George Michael's "Too Funky ...
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Pennsylvania Coal Co
Pennsylvania (; (Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, Maryland to its south, West Virginia to its southwest, Ohio to its west, Lake Erie and the Canadian province of Ontario to its northwest, New York to its north, and the Delaware River and New Jersey to its east. Pennsylvania is the fifth-most populous state in the nation with over 13 million residents as of 2020. It is the 33rd-largest state by area and ranks ninth among all states in population density. The southeastern Delaware Valley metropolitan area comprises and surrounds Philadelphia, the state's largest and nation's sixth most populous city. Another 2.37 million reside in Greater Pittsburgh in the southwest, centered around Pittsburgh, the state's second-largest and Western Pennsylvania's largest city. The state's subsequent five m ...
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Regulatory Taking
In United States constitutional law, a regulatory taking occurs when governmental regulations limit the use of private property to such a degree that the landowner is effectively deprived of all economically reasonable use or value of their property. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment. Regulatory takings jurisprudence has its roots in Justice Oliver Wendell Holmes' opinion in ''Pennsylvania Coal v. Mahon'' (1922) which stated that: "The general rule, at least, is that, if regulation goes too far, it will be recognized as a taking for which compensation must be paid." Modern jurisprudence to determine whether a regulatory taking has occurred centers around the ad hoc factor-based test that the Supreme Court of the United States laid out in '' Penn Central Transp. Co. v. New York City ...
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1851 In United States Case Law
Events January–March * January 11 – Hong Xiuquan officially begins the Taiping Rebellion. * January 15 – Christian Female College, modern-day Columbia College, receives its charter from the Missouri General Assembly. * January 23 – The flip of a coin, subsequently named Portland Penny, determines whether a new city in the Oregon Territory is named after Boston, Massachusetts, or Portland, Maine, with Portland winning. * January 28 – Northwestern University is founded in Illinois. * February 1 – ''Brandtaucher'', the oldest surviving submersible craft, sinks during acceptance trials in the German port of Kiel, but the designer, Wilhelm Bauer, and the two crew escape successfully. * February 6 – Black Thursday in Australia: Bushfires sweep across the state of Victoria, burning about a quarter of its area. * February 12 – Edward Hargraves claims to have found gold in Australia. * February 15 – In Boston, Massachuse ...
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Massachusetts State Case Law
Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York to the west. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manufacturing center during the ...
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Takings Clause Case Law
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ...
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