United States V. Willow River Power Co.
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United States V. Willow River Power Co.
''United States v. Willow River Power Co.'', 324 U.S. 499 (1945), is a 1945 decision of the U.S. Supreme Court involving the question whether the United States was liable under the Fifth Amendment for a "taking" of private property for a public purpose when it built a dam on navigable waters that raised the water level upstream to lessen the head of water at a power company’s dam, thereby decreasing the production of power by the company’s hydroelectric turbines. The Court’s opinion is notable because it considers whether the courts will provide a remedy because a property right has been invaded, or whether a property right exists because the courts will enforce it. This question has been compared with the dilemma found in Plato's dialogue ''Euthyphro''. Factual background The Mississippi River, a navigable stream, is joined by the St. Croix River, another navigable stream, slightly above Red Wing, Minnesota. Farther up the St. Croix, the Willow River, a non-navigable ...
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Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ...
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Willow
Willows, also called sallows and osiers, from the genus ''Salix'', comprise around 400 speciesMabberley, D.J. 1997. The Plant Book, Cambridge University Press #2: Cambridge. of typically deciduous trees and shrubs, found primarily on moist soils in cold and temperate regions. Most species are known as willow, but some narrow-leaved shrub species are called osier, and some broader-leaved species are referred to as sallow (from Old English ''sealh'', related to the Latin word ''salix'', willow). Some willows (particularly arctic and alpine species) are low-growing or creeping shrubs; for example, the dwarf willow (''Salix herbacea'') rarely exceeds in height, though it spreads widely across the ground. Description Willows all have abundant watery bark sap, which is heavily charged with salicylic acid, soft, usually pliant, tough wood, slender branches, and large, fibrous, often stoloniferous roots. The roots are remarkable for their toughness, size, and tenacity to live ...
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1945 In United States Case Law
1945 marked the end of World War II and the fall of Nazi Germany and the Empire of Japan. It is also the only year in which Nuclear weapon, nuclear weapons Atomic bombings of Hiroshima and Nagasaki, have been used in combat. Events Below, the events of World War II have the "WWII" prefix. January * January 1 – WWII: ** Nazi Germany, Germany begins Operation Bodenplatte, an attempt by the ''Luftwaffe'' to cripple Allies of World War II, Allied air forces in the Low Countries. ** Chenogne massacre: German prisoners are allegedly killed by American forces near the village of Chenogne, Belgium. * January 6 – WWII: A German offensive recaptures Esztergom, Kingdom of Hungary (1920–1946), Hungary from the Russians. * January 12 – WWII: The Soviet Union begins the Vistula–Oder Offensive in Eastern Europe, against the German Army (Wehrmacht), German Army. * January 13 – WWII: The Soviet Union begins the East Prussian Offensive, to eliminate German forces in East Pruss ...
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