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Elite Theory, Individual Autonomy and Interest Groups: An Examination Of America's Rules On Imported VehiclesRosenholtz, Jared A. 01 January 2015 (has links)
The purpose of this research is to examine the legislative process that led to the Imported Vehicle Safety Compliance Act of 1988. This research will look at the original intent of the law, as well as its possible irrelevance today. This research will compare the environment that existed during its creation, and compare it to the drastically different landscape that exists now in the new car market. From this comparison, this paper will recommend a route for the United States to better open trade with other countries and allow more consumer freedom. This research will look at the Imported Vehicle Safety Compliance Act from a political science viewpoint. This analysis will take into consideration the legislative process that led to this act and show that it is an example of the legislative process helping large companies while hurting ordinary consumers. The history of this legislation will show that the justification presented represents protecting consumers from a harmful product. However, the recent history will reveal a government that is quick to make assumptions without regard to facts that disprove the reasoning for this act. This research will seek to use the Imported Vehicle Safety Compliance Act as example of a law that is in need of an update, but has not had any meaningful reform. The goal of this research will be to illustrate why laws that are no longer effective remain without reform.
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Was Feist a catalyst for the structure of database directive? : a legal exploration of the implications of the Feist decisionGupta, Indranath January 2015 (has links)
This thesis studies the influence of US Supreme Court judgement in Feist Publications Inc. v. Rural Telephone Service Co on Directive 96/9/EC. It primarily looks at the implications of Feist decision, and the influence that it had on European legislation. The decision in Feist Publications led the Commission to believe two things: Feist created a new-line of jurisprudence in US in the context of copyright protection of factual databases, and the decision will be detrimental for future production of electronic databases. This thesis shows that the Feist decision was a clarification of existing copyright law. As an example, the thesis observes that the US database market did not react to any apprehended negative impact of Feist. In the US, where there was no specific Database Right, Feist has had negligible practical and doctrinal impact. The Feist decision also left an indelible mark on the overall structure of the Database Directive. While Article 3 represented the positive impact, Article 7 was surrounded by uncertainties and ambiguities. This Article represents the outcome of apprehending negative impact of Feist. This has resulted in an imbalance which must be rectified and only a limited amount of protection should be offered to producers in absence of evidence.
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Study of whether united states supreme court sex-discrimination jurisprudence is well-grounded in fourteenth amendment legislative historyKing, Jerrell 01 May 2013 (has links)
The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. The methodology that was employed for this thesis was through the researching of all relevant United States Supreme Court cases as to what was written by the Justices in their opinions. Research was conducted into the relevant law review articles on the subject of legislative history of the Fourteenth Amendment, Supreme Court sex-discrimination jurisprudence, and the historical impact of Court decisions on the law relative to sex-discrimination. After extensive research, it was discovered that the United States Supreme Court has established over 144 years' worth of sex-discrimination jurisprudence. The law review article research revealed that the lack of legislative history research by the Court has not gone unnoticed by the legal community or the women's rights community since the Fourteenth Amendment was originally drafted. The research and analysis of the sources of sex-discrimination from cases, law review articles, and books on the subject, led to the conclusion that no Fourteenth Amendment legislative history was ever used by the Supreme Court of the United States as part of its development of sex-discrimination jurisprudence.
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