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Navigable Servitude
Navigable servitude is a legal doctrine, doctrine in United States constitutional law that gives the federal government of the United States, federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article One of the United States Constitution, Article I, Section 8 of the constitution. It is also sometimes called federal navigational servitude. The Commerce Clause gives Congress the power to regulate "commerce ... among the several states." In ''Gibbons v. Ogden'' (1824), the United States Supreme Court ruled unanimously that this power extended to regulation over navigable waterways, which were an important hub of transportation in the early years of the Republic. Although the Supreme Court recognizes Federal control over navigable waterways is absolute, see Phillips Petrol v. Mississippi, 484 US 469,480 (1988), the public interest is not absolute, Dardar v. Lafourche Realty Co., Inc., 55 F.3d 1082 (5th Cir.1995). The government ha ...
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Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine?
" ''Northwestern University Law Review'', Vol. 100:1, 2006. Legal doctrines ...
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Gilman V
Gilman may refer to: Places United States *Gilman Ranch, California *Gilman, Colorado *Gilman, Illinois *Gilman, Iowa * Gilman, Minnesota *Gilman, Montana *Gilman, Vermont * Gilman, Washington, former name of Issaquah *Gilman, Pierce County, Wisconsin *Gilman, Taylor County, Wisconsin *Gilman Lake, a lake in South Dakota *Gilmanton, New Hampshire *Gilmanton, Buffalo County, Wisconsin *Gilmanton Township, Benton County, Minnesota Other *Gilman (Yap), an administrative division of the Federated States of Micronesia *Gilman Street, a street in Central, Hong Kong Other uses *Gilman (name) *Gilman reagent, any of a group of reagents discovered by Henry Gilman *Gilman Paper Company, former paper producer ** Gilman Paper Company collection, photo archive in the Metropolitan Museum of Art *Gilman School, a private boys school in Baltimore, Maryland *924 Gilman Street The Alternative Music Foundation located at 924 Gilman Street, often referred to by its fans simply as "Gilman", i ...
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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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Water Law
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law, and is distinct from Water quality law, laws governing water quality. Waters subject to regulation Water is ubiquitous and does not respect political boundaries. Water resources laws may apply to any portion of the hydrosphere over which claims may be made to appropriate or maintain the water to serve some purpose. Such waters include, but are not limited to: *Surface waters—lakes, rivers, streams, oceans, and wetlands; *Surface runoff—generally water that flows across the land from rain, floodwaters, and snowmelt before those waters reach watercourses, lakes, wetlands, or oceans; *Groundwater—particularly water present in aquifers. History The history of people's relation to water illustrates varied approaches to the management of water resources. "Lipit Ishtar and ...
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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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Scranton V
Scranton is a city in the Commonwealth of Pennsylvania, United States, and the county seat of Lackawanna County. With a population of 76,328 as of the 2020 U.S. census, Scranton is the largest city in Northeastern Pennsylvania, the Wyoming Valley, and the Scranton–Wilkes-Barre–Hazleton Metropolitan Statistical Area, which has a population of 562,037 as of 2020. It is the sixth largest city in Pennsylvania. The contiguous network of five cities and more than 40 boroughs all built in a straight line in Northeastern Pennsylvania's urban area act culturally and logistically as one continuous city, so while the city of Scranton itself is a smaller town, the larger unofficial city of Scranton/Wilkes-Barre contains nearly half a million residents in roughly 200 square miles. Scranton/Wilkes-Barre is the cultural and economic center of a region called Northeastern Pennsylvania, which is home to over 1.3 million residents. Scranton hosts a federal court building for the United Stat ...
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Riparian
A riparian zone or riparian area is the interface between land and a river or stream. Riparian is also the proper nomenclature for one of the terrestrial biomes of the Earth. Plant habitats and communities along the river margins and banks are called riparian vegetation, characterized by hydrophilic plants. Riparian zones are important in ecology, environmental resource management, and civil engineering because of their role in soil conservation, their habitat biodiversity, and the influence they have on fauna and aquatic ecosystems, including grasslands, woodlands, wetlands, or even non-vegetative areas. In some regions, the terms riparian woodland, riparian forest, riparian buffer zone, riparian corridor, and riparian strip are used to characterize a riparian zone. The word ''riparian'' is derived from Latin '' ripa'', meaning " river bank". Characteristics Riparian zones may be natural or engineered for soil stabilization or restoration. These zones are important natural b ...
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Gibson V
Gibson may refer to: People * Gibson (surname) Businesses * Gibson Brands, Inc., an American manufacturer of guitars, other musical instruments, and audio equipment * Gibson Technology, and English automotive and motorsport company based * Gibson Appliance, a former American refrigerator manufacturer * Gibson Greetings, an American greeting cards brand * Gibson's Discount Center, a former American discount store chain * Gibson Manufacturing Corporation, a former American tractor and railroad speeder manufacturer Places Australia * Gibson, Western Australia, village * Gibson Desert, Western Australia Canada * Gibsons, town in British Columbia United States * Gibson, Arkansas * Gibson, Georgia * Gibson, Iowa * Gibson, Louisiana * Gibson, Mississippi * Gibson, Dunklin County, Missouri * Gibson, Pemiscot County, Missouri * Gibson, North Carolina * Gibson, Pennsylvania * Gibson, Tennessee * Gibson, Wisconsin * Gibson Amphitheatre, former indoor amphitheatre in Los Angeles, Califor ...
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FPC V
FPC may refer to: Government * Federal Power Commission, a regulatory agency of the United States federal government * Federal Prison Camp, part of the United States Federal Bureau of Prisons * Federal Police Commission, federal law enforcement agency in Ethiopia * Financial Policy Committee, of the Bank of England * Forest Products Commission, a agency of the government of Western Australia Political parties * Comorian Popular Front (French: '), in Comoros * Patriotic Front for Change (French: '), in Burkina Faso Sport * Colombian Professional Football (Spanish: ') * Fred Page Cup, a Canadian hockey competition * Portuguese Cycling Federation (Portuguese: ') Technology * Factory production control * Fast Patrol Craft * Flexible printed circuit * Free Pascal Compiler Other uses * Federal Passenger Company, a subsidiary of Russian Railways serving long-distance passenger transportation * Fermentation-produced chymosin * Finite population correction * First-order ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constit ...
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South Carolina V
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both east and west. Etymology The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþaz'' ("south"), possibly related to the same Proto-Indo-European root that the word ''sun'' derived from. Some languages describe south in the same way, from the fact that it is the direction of the sun at noon (in the Northern Hemisphere), like Latin meridies 'noon, south' (from medius 'middle' + dies 'day', cf English meridional), while others describe south as the right-hand side of the rising sun, like Biblical Hebrew תֵּימָן teiman 'south' from יָמִין yamin 'right', Aramaic תַּימנַא taymna from יָמִין yamin 'right' and Syriac ܬܰܝܡܢܳܐ taymna from ܝܰܡܝܺܢܳܐ yamina (hence the name of Yemen, the land to the south/right of the Levant). Navigation By convention, the ''bottom or down-facing side'' of a ...
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