Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings, has at least some of the legal rights and responsibilities enjoyed by natural persons. In most countries, a corporation has the same rights as a natural person to hold property, enter into contracts, and to sue or be sued.
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.
Munn v. Illinois, 94 U.S. 113 (1876), was a United States Supreme Court case in which the Court upheld the power of state governments to regulate private industries that affect "the common good."
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the doctrine is barring state protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose.
Morrison Remick "Mott" Waite was an American attorney, jurist, and politician from Ohio who served as the seventh chief justice of the United States from 1874 until his death in 1888. During his tenure, the Waite Court took a narrow interpretation of federal authority related to laws and amendments that were enacted during the Reconstruction Era to expand the rights of freedmen and protect them from attacks by white supremacy groups such as the Ku Klux Klan.
The Granger Laws were a series of laws passed in several midwestern states of the United States, namely Minnesota, Iowa, Wisconsin, and Illinois, in the late 1860s and early 1870s. The Granger Laws were promoted primarily by a group of farmers known as The National Grange of the Order of Patrons of Husbandry. The main goal of the Granger was to regulate rising fare prices of railroad and grain elevator companies after the American Civil War. The laws, which upset major railroad companies, were a topic of much debate at the time and ended up leading to several important court cases, such as Munn v. Illinois and Wabash v. Illinois.
United States v. Trans-Missouri Freight Association, 166 U.S. 290 (1897), was a United States Supreme Court case holding that the Sherman Act applied to the railroad industry, even though the U.S. Congress had enacted a comprehensive regime of regulations for that industry.
The Railroad Commission of Texas is the state agency that regulates the oil and gas industry, gas utilities, pipeline safety, safety in the liquefied petroleum gas industry, and surface coal and uranium mining. Despite its name, it ceased regulating railroads in 2005, when the last of the rail functions were transferred to the Texas Department of Transportation.
The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just", but did not empower the government to fix specific rates. It also required that railroads publicize shipping rates and prohibited short haul or long haul fare discrimination, a form of price discrimination against smaller markets, particularly farmers in Western or Southern Territory compared to the official Eastern states. The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. The decision articulated a doctrine known as "Chevron deference". Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
Houston East & West Texas Railway Co. v. United States, 234 U.S. 342 (1914), also known as the Shreveport Rate Case, was a decision of the United States Supreme Court expanding the power of the Commerce Clause of the Constitution of the United States. Justice Hughes's majority opinion stated that the federal government's power to regulate interstate commerce also allowed it to regulate purely intrastate commerce in cases where control of the former was not possible without control of the latter. Because the Supreme Court consolidated several related appeals, they are sometimes collectively known as the "Shreveport Rate Cases" although the Supreme Court issued only one ruling.
Chicago, Milwaukee & St. Paul Railway Company v. Minnesota, 134 U.S. 418 (1890), was a case in which the Supreme Court of the United States held that procedural due process limits state regulatory power over railroad rates. A regulatory agency in Minnesota had set railroad rates that the Minnesota Supreme Court had refused to overturn. When the Chicago, Milwaukee, St. Paul and Pacific Railroad appealed the case, the U.S. Supreme Court found that the rates were set without due process of law, specifically without an opportunity to challenge the equality and reasonableness of the charges. The Minnesota court had sanctioned rate-setting without any judicial hearing, requirement of notice or witnesses, "-in fact, nothing which has the semblance of due process of law".
George W. Bush & Sons Co. v. Malloy, 267 U.S. 317 (1925), was a decision by the United States Supreme Court, which held that the state statute under which the Maryland Public Service Commission (PSC) issued certificates of public convenience and necessity to common carriers engaged in interstate commerce violated the Commerce Clause of the United States Constitution.
Smyth v. Ames, 171 U.S. 361 (1898), also called The Maximum Freight Case, was an 1898 United States Supreme Court case. The Supreme Court voided a Nebraska railroad tariff law, declaring that it violated the Fourteenth Amendment to the United States Constitution in that it takes property without the due process of law. The Court defined the constitutional limits of governmental power to set railroad and utility rates by stating that regulated industries have the right to a "fair return". The ruling was later overturned in Federal Power Commission v. Hope Natural Gas Company (1944).
Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975), was a U.S. Supreme Court decision. It stated that lawyers engage in "trade or commerce" and hence ended the legal profession's exemption from antitrust laws.
The Georgia Public Service Commission (PSC) is a statutory organ of the state government of Georgia; elected among five commission districts, the board consists of a Chairman, a Vice-chairman, and three Commissioners. PSC regulates telecommunications, transportation, electric and natural gas services in the U.S. state of Georgia. Commissioners are elected in partisan elections statewide, though they must reside in a district.
The Mississippi Public Service Commission is a government agency which regulates telecommunications, electric, gas, water and sewer utilities in the U.S. state of Mississippi. The commission was created in 1884 and in its early history was tasked with regulating various transport and telecommunications industries in the state. It assumed its current name in 1938 and was given jurisdiction over electric, gas, and water utilities in 1956.
Block v. Hirsh, 256 U.S. 135 (1921), is a United States Supreme Court case which upheld a temporary rent control law in the District of Columbia. It set a precedent in American law that government can regulate housing conditions during times of emergency to maintain or improve living conditions.
Reagan v. Farmers Loan & Trust Co. was a United States Supreme Court legal case that was submitted to the court on March 23, 1893, took place in 1894, and is revered in the history of American constitutional law. The case involved a challenge to the constitutionality of the Railroad Commission Act of Texas, which established a commission with the power to regulate railroad rates and practices in the state. The case included the Farmers' Loan and Trust Company, a financial institution that held bonds issued by the Houston and Texas Central Railroad Company, as the plaintiff and Texas railroad commissioners, John H. Reagan, W. P. McLean, and L. L. Foster, the attorney general of the state of Texas, C. A. Culberson, The International & Great Northern Railroad Company and Thomas N. Campbell as the defendants. Farmers Loan & Trust company sued Texas railroad commissioners, the attorney general of the states of Texas, The International & Great Northern Railroad Company, and Thomas N. Campbell because they had recognized that the rates and regulations that were set forth by the Texas Railroad company were unconstitutional. The case was decreed in favor of the plaintiff, the Farmers’ Loan and Trust Company.
