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Topic: Legal authority


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In the News (Fri 11 Dec 09)

  
  Authority - Wikipedia, the free encyclopedia
Questions as to who has what authority often lie at the heart of political debates, and answers to those questions normally stem from practical and moral considerations, from prior practices and from theories of criminal justice or of the just war.
Obedience to authority seems thoroughly ingrained in most of the population: the Milgram experiment showed that over 60% of a sample of Americans demonstrated willingness to torture another person to death when given orders from an appropriate authority figure.
An authority can also be a government agency set up with a particular competence and is able to deal with all matters within its charter; such as the Tennessee Valley Authority and a Port Authority.
en.wikipedia.org /wiki/Authority   (527 words)

  
 Weber - The Work - Types of Authority   (Site not responding. Last check: 2007-11-06)
Weber's discussion of authority relations--why men claim authority, and feel they have a legitimate right to expect willing obedience to their command--illustrates his use of the ideal type as an analytical tool and his classification of types of social action.
Authority may be based on rational grounds and anchored in impersonal rules that have been legally enacted or contractually established.
Traditional authority, on the other hand, which predominates in pre-modern societies, is based on belief in the sanctity of tradition, of "the eternal yesterday." It is not codified in impersonal rules but inheres in particular persons who may either inherit it or be invested with it by a higher authority.
www2.pfeiffer.edu /~lridener/DSS/Weber/WEBERW5.HTML   (325 words)

  
 Legal Positivism [Internet Encyclopedia of Philosophy]
Legal positivism is a conceptual theory emphasizing the conventional nature of law.
According to this view, legal principles are like legal rules in that both derive their authority under the rule of recognition from the official acts of courts and legislatures.
If legal argument is mainly or even partly about [the properties that make a proposition legally valid], then lawyers cannot all be using the same factual criteria for deciding when propositions of law are true and false.
www.utm.edu /research/iep/l/legalpos.htm   (6957 words)

  
 Legal Obligation and Authority
But political authority, of which legal authority is one species, is normally seen as a right to rule, with a correlative duty to obey.
At its core idea is that justified authorities help their subjects do what they already have good reason to do; it does not apply when it is more important for the subjects to decide for themselves than to decide correctly.
They do not deny that legal authority is often valuable, or that there is often content-dependent reason to do what law requires; they do not deny that some people have moral obligations to obey; they do not even deny that there are some laws that everyone has a moral obligation to obey.
plato.stanford.edu /entries/legal-obligation   (6858 words)

  
 Natural Law [Internet Encyclopedia of Philosophy]
Accordingly, an unjust law can be legally valid, but it cannot provide an adequate justification for use of the state coercive power and is hence not obligatory in the fullest sense; thus, an unjust law fails to realize the moral ideals implicit in the concept of law.
Unjust laws may obligate in a technical legal sense, on Finnis's view, but they may fail to provide moral reasons for action of the sort that it is the point of legal authority to provide.
For the ultimate basis of a ruler's moral authority, on this view, "is the fact that he has the opportunity, and thus the responsibility, of furthering the common good by stipulating solutions to a community's co- ordination problems" (Finnis 1980, 351).
www.iep.utm.edu /n/natlaw.htm   (5632 words)

  
 LII: About...Legal Research
Primary authority are the rules of law and are binding upon the courts, government, and individuals.
Secondary authority is commentary on the law that does not have binding effect but aids in explaining what the law is or should be.
The resources available to find legal authority are vast and complicated leading many law schools to require students to take a class in legal research.
straylight.law.cornell.edu /topics/legal_research.html   (484 words)

  
 "International Recognition of a Unilaterally Declared Palestinian State: Legal and Policy Dilemmas" by Tal Becker   (Site not responding. Last check: 2007-11-06)
In accordance with the D.O.P., a Palestinian Interim Self-Government Authority was to be established for an interim period, pending the outcome of permanent status negotiations.
By affirming that the legal status of the West Bank and Gaza Strip is to be resolved in permanent status negotiations, these agreements reveal that both Israel and the Palestinians recognized that the issue of sovereignty over this territory is yet to be settled.
In an effort to overcome the legal problems which undermine their claim, Palestinian representatives have argued that a unilateral declaration of statehood is not an unlawful act despite the existence of repeated undertakings not to alter the legal status of the West Bank and Gaza Strip pending the outcome of permanent status negotiations.
www.jcpa.org /art/becker2.htm   (13244 words)

  
 A legal pope is not always a moral pope with binding authority
While he who legally fills the office is and remains the legal pope for the duration of his reign, there is no assurance that a pope morally is or continues to occupy the office.
Legally a pope remains in office until he dies, retires, or is in some effective public manner removed from office.
A legal Catholic is a person who has been legally baptized —received water baptism by either pouring or submersion— a moral Catholic is one who adheres to the authentic teachings of the Church and is in submission respectively to legitimate Church authorities, hierarchically organized, by teachings and then persons.
www.trosch.org /jpi/pope-legal-moral.html   (4258 words)

  
 Privatization.org Policy Issue - Legal Authority for State-Level Corrections Privatization
It is a fact that critics of correctional privatization repetitively articulated their legal opinion that any contract award would be swiftly invalidated on such legal grounds as, first, the absence of statutory authority and, second, unavoidable constitutional defects which would necessarily undermine the viability of any statutes legislatures might enact.
We were unable to find any specific legal authority to contract with the private sector for the housing of state prisoners.
What it says is that the legal context without which the full-scale privatization of state prisons would be impossible has changed quite fundamentally and remarkably swiftly during the course of roughly the past fifteen years.
www.privatization.org /database/policyissues/corrections_legalauthority.html   (2130 words)

  
 Legal Authority   (Site not responding. Last check: 2007-11-06)
The authority to conduct the census of agriculture was transferred to the Secretary of Agriculture on November 21, 1997 when President Clinton signed the "Census of Agriculture Act of 1997" and it became Public Law 105-113 (Title 7 U.S.C.).
This Act may be cited as the "Census of Agriculture Act of 1997".
AUTHORITY OF SECRETARY OF AGRICULTURE TO CONDUCT CENSUS OF AGRICULTURE
www.nass.usda.gov /census/leg_auth.htm   (892 words)

  
 Flexibility within a Metaconstitutional Frame: Reflections on the future of legal authority in Europe*
The legal boundary disputes and sovereign power struggles associated with a two-dimensional configuration are compounded under a multi-dimensional configuration simply because there is more border territory to fight over and more existing or aspirant centres of power to enter the fight.
Equally, the new flexible configuration of authority, because it is not a planned or consensual development, offers little scope for the construction of a grand constitutional image and discourse to undergird its identity and bolster its legitimacy.
The vulnerability of the legal form is exposed where the Treaty-makers, qua bearers of sectoral, national-strategic and other partial interests, have influenced negotiations in the IGC in the direction of further ad hoc flexibility in Justice and Home Affairs, with attendant problems of boundary maintenance and co-ordination, political efficacy, democratic accountability and social legitimacy.
www.jeanmonnetprogram.org /papers/99/991204.html   (1664 words)

  
 TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 52--APPROVAL AND ...
Authority to require recordkeeping is deficient to the extent that section 23-25-13 requires only those sources with an air pollution control program to keep records.
Authority to release emission data to the public is deficient in that section 23-25-6 requires that only records concerning investigations be available to the public.
Authority to require sources to install and maintain monitoring equipment is not provided and is therefore inadequate.
www.peo7.com /CFRFiles/PEOusCFR_40PROTECTIONOFENVIRONMENT_89692.htm   (305 words)

  
 JURIST - Legal Dictionaries
Garnishment - A legal proceeding in which a debtor's money, in the possession of another (called the garnishee) is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
Legal process - A formal paper that is legally valid; something issuing from the court, usually a command such as a writ or mandate.
Remedy - Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated.
jurist.law.pitt.edu /dictionary.htm   (15586 words)

  
 Infirmation.com: Legal Authority
While a legal job can generally be found by mailing far fewer resumes, if you are sporadically applying to the occasional job via the Internet, classified ads, or through a recruiter, it may take you a long, long time to find the position you are seeking.
We are an excellent means to supplement whatever outplacement counseling you are currently using: Legal Authority is the largest portal of legal employment opportunities in the world, seamlessly bringing attorneys and employers together throughout their career cycle.
Legal Authority is the largest portal of legal employment opportunities in the world, seamlessly bringing attorneys and employers together throughout their career cycle.
www.infirmation.com /articles/one-article?article_id=3024   (2429 words)

  
 Syria - Wikipedia, the free encyclopedia
Within a few hours following Al-Asad's death, the Parliament amended the constitution, reducing the mandatory minimum age of the President from 40 to 34 years old, which allowed his son, Bashar al-Assad legally to be eligible for nomination by the ruling Ba'ath party.
All three branches of government are guided by the views of the Ba'ath Party, whose primacy in state institutions is assured by the constitution.
In August 2004, a committee was formed to supervise the establishment of a stock market.
en.wikipedia.org /wiki/Syria   (4066 words)

  
 JURIST - Palestinian Authority: Palestinian law, legal research, human rights
The approximately 175,000 Israeli settlers living in Area C of the West Bank and in the Gaza Strip are subject to Israeli law and, as citizens, receive preferential treatment from Israeli authorities in terms of protection of personal and property rights and of legal redress.
The international community considers Israel's authority in the occupied territories to be subject to the Hague Regulations of 1907 and the 1949 Geneva Convention relating to the Protection of Civilians in Time of War.
The PA usually ignores the legal limits on the length of pre-arraignment detention of detainees suspected of security offenses.
jurist.law.pitt.edu /world/palest.htm   (2865 words)

  
 Colonial Immigration Laws 1700-1800
The authority for immigration continued to be at the state level.
When government leaders met in Philadelphia to revise the Articles of Confederation, in May of 1787, the issue of immigration was settled with the adoption of the Constitution of the United States in 1789.
Constitution of the United States, state authority over immigration was ceded to the federal government.
www.oriole.umd.edu /~mddlmddl/791/legal/html/immi1700.html   (1033 words)

  
 Legal Authority - It`s how attorneys and law students get legal jobs
Legal Authority is the largest portal of legal employment opportunities in the world, seamlessly bringing attorneys and employers together.
Whether you are a practicing attorney or a law student, we can help you apply directly to almost any legal employer anywhere, including law firms, corporations, judges, public interest organizations, public defender's offices, prosecutor's offices, state or federal governmental agencies, law schools—you name it.
One of the highest honors in the legal profession, there is a reason that clerks like their jobs so much: clerking is the way to see how the legal system operates from the inside.
www.legalauthority.com   (423 words)

  
 Legal Authority - Career Center
While this is not always the best choice (especially if you believe that you are particularly suited to doing corporate work), it is an option that Legal Authority clients have chosen with increasing frequency due to the perceived stability of litigation as opposed to corporate positions.
Prior to contacting Legal Authority, Mark conducted his job search for a few hours every day, trying a wide variety of methods for getting a position.
Two weeks later, he called again to inform Legal Authority that he had accepted a litigation position with a mid-sized San Francisco firm—at a salary identical to his former one.
www.legalauthority.com /cc/practiceswitch.html   (1311 words)

  
 YOU BE THE JUDGE/SOURCE OF TITLE/TRUSTS/LEGAL AUTHORITY/CAPACITY OF PARTIES/REFORMATION OF MORTGAGE   (Site not responding. Last check: 2007-11-06)
On cross motions for summary judgment, Norwest argued that either the chain of title or the mortgage should be reformed to reflect the intent of the parties (Oceanmark and Paul) that the new loan would be secured by a mortgage against the property.
The lender pointed out that Paul had authority, as trustee, to encumber the property, and had in fact done so once (leading to foreclosure and the need to redeem).
For their part, beneficiaries Jeanine and Michelle argued that Paul was not authorized to encumber the property for his own sole benefit, that they did nothing wrong, and that they did not know of or consent to the giving of the mortgages.
www.fatc.com /landsakes/html/email/020501youbethe.html   (1388 words)

  
 Legal Authority   (Site not responding. Last check: 2007-11-06)
The authority and responsibility to procure all goods, equipment, and services for the university has been delegated to the Purchasing Department.
All funds deposited with the university are university funds and must be handled consistently with university policies.
Allocation of funds in a departmental budget results in authority to requisition, not to purchase.
wwwadmin.cl.uh.edu /operations/legal.htm   (148 words)

  
 AllRefer.com - license (Legal Terms And Concepts) - Encyclopedia
license, in public law, permission by legal authority to engage in certain acts and also the document showing such permission.
A license to cross another's land is an easement in gross.
In patent law, a license is a written authority granted by the owner of a patent to another person, empowering the latter to make or use the patented article for a limited period or in a limited territory.
reference.allrefer.com /encyclopedia/L/license.html   (277 words)

  
 washingtonpost.com: Gore's Meltdown
"Controlling legal authority." Whatever other legacies Al Gore leaves behind between now and retirement, he forever bequeaths this newest weasel word to the lexicon of American political corruption.
Clean is taking refuge in one of the flimsiest legal confections of our time but that this flimsy confection is directly contradicted by his own president.
But regarding what is and is not legal in the Clinton White House, Clinton is for Gore no authority at all.
www.washingtonpost.com /wp-srv/politics/special/campfin/stories/op030797.htm   (717 words)

  
 Legal Authority of New York City to Ban Audible Car Alarms
This memorandum, based upon analysis of relevant constitutional and statutory authority, as well as case law, concludes that the City of New York (the "City") has authority to ban the sale, use or installation of audible motor vehicle alarms (hereafter "alarms" or "car alarms").
There is most likely no legal impediment to the City developing further restrictions, including a ban, to address the issue.
The constitutional home rule provision grants broad police powers to local governments relating to the welfare of their citizens, including the "safety, health, and well-being of persons or property" and the management of highways, roads and streets.
www.transalt.org /info/caralarms/19appendixb.html   (2949 words)

  
 BuzzFlash > News Alert > Rep. Conyers Letter to Ohio Attorney General: Sanctioning of Lawyers Involved with Ohio ...
In particular, I am concerned that by seeking official censure and fines, you are engaged in a selective and partisan misuse of your legal authority.
As eager as many disgruntled voters are to have a court of law finally assess the merits of the challenge actions, I have serious doubts about the validity of the sanctions case your office is pursuing.
It is also noteworthy that the Ohio Secretary of State intentionally delayed certifying the vote, thereby insuring that the recount could not be completed by the date the electoral college met on December 13.
www.buzzflash.com /alerts/05/01/ale05018.html   (525 words)

  
 LEGAL AUTHORITY TO APPROVE CHANGES IN USE OF PROPERTY UNDER SECTION 414 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1969
On its face, the regulation appeared to recognize the authority to change the use of the property in any type of sale under section 414 and to require a reversionary right in all deeds of conveyance.
Authority to provide sites as [sic] a reduced price for low-and moderate-income housing would not necessarily have an adverse budgetary impact since the amount of subsequent Federal subsidy required for this housing would be lessened due to lower initial land costs to the developer.
Condition Five does not have language limiting the authority to "then-existing regulations." Nevertheless, even if Condition Two of the deed were invoked by the proposed transaction at issue here, the current regulations are not a bar to the transfer.
www.usdoj.gov /olc/hud_gsaop.htm   (9239 words)

  
 WCD CMOM Program Audit Goals, Organization and Legal Authority
Legal authority must be obtained through sewer use ordinances, service agreements, or other legally binding documents, to carry out the CMOM requirements of the SSO proposed rule.
WCD's stated program goals are to eliminate backups and overflows, prolong the useful life of sewer system assets, and provide adequate system capacity for the current and future needs of Fairfax County residents and businesses.
Fairfax County Code Chapter 67, Article 10, establishes WCD's legal authority to operate the collection system, enforce design and construction standards, establish and enforce collection system rules, and charge fees for sewer service.
www.epa.gov /npdes/sso/virginia/goals.htm   (403 words)

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