Law office

“ The functions of the legislature are originative, those of the judiciary expository, and those of the President executory. The one gives birth to that which the other expounds and explains, and the third, when understood and explained, carries into effect. To create an office, then, is in its nature a legislative function. And to define and fix the tenure of an office which is in the process of creation, is also in its nature a legislative function. ”

“ If passing from general reasoning, an appeal is made to the lessons of experience, there is every thing to convince us, that the judicial department is safe to a republic, with the tenure of office during good behaviour ”

“ It must be recollected, sir, that we have repeatedly admitted the right of the Legislature to change, alter, modify, and amend the judiciary system, so as best to promote the interests of the people. We only contend that you shall not exceed or contravene the authority by which you act. But, say gentlemen, you forced this new office on the district judges, and this is in effect a new appointment. ”

“ The head of an executive department of the government, in the administration of the various and important concerns of his office, is continually required to exercise judgment and discretion. He must exercise his judgment in expounding the laws and resolutions of Congress under which he is required to act.' 'If,' he says, 'a suit should come before this court, which involved the construction of any of those laws, the court certainly would not be bound to adopt the construction given by the head of the department. ”

“ General Aspects.—The provisions of the Statuto respecting the administration of justice are brief and general. Justice, it is declared, emanates from the king and is administered in his name by the judges whom he appoints. These judges, after three years of service, are irremovable. Proceedings of courts in civil cases and hearings in criminal cases are required to be public. No one may be withdrawn from his ordinary legal jurisdiction; and no modification may be introduced in respect to courts, tribunals, or judges, save by law. ”

“ Courts, as has often been said, are not to think of the legislators, but of the legislature,—the great, continuous body itself, abstracted from all the transitory{109} individuals who may happen to hold its power. It is this majestic representative of the people whose action is in question, a coördinate department of the government, charged with the greatest functions, and invested, in contemplation of law, with whatsoever wisdom, virtue, and knowledge the exercise of such functions requires. ”

“ Its proper office is to help to solve ambiguities, not to compel an immediate surrender to them,-to be an element in decision, and effective, maybe, when all other tests of meaning have been employed which experience has afforded, and which it is the duty of courts to consider when rights are claimed under a statute. ”

“ It is the settled doctrine of this court, that in the location and survey of claims arising under the acts of Congress like those of May, 1820, and March, 1823, the Executive Department of the Government has, in general, exclusive jurisdiction, and that all questions arising upon their location and survey are administrative in their nature, and must be disposed of in the Land Office. ”

“ Foreword It is the sacred right of each and every sovereign State and a fundamental principle of international law to safeguard national unity and territorial integrity. The Charter of the United Nations specifically stipulates that the United Nations and its Members shall refrain from any action against the territorial integrity or political independence of any of its Members or any State and shall not intervene in matters which are essentially within the domestic jurisdiction of any State. ”

“ The tribunals cannot interfere in the exercise of the legislative power, nor suspend the execution of the laws, nor encroach upon the administrative functions, nor cite before them the administrators on account of their functions.
4. Citizens cannot be deprived of the judges whom the law assigns to them by any commission, nor by other attributions and evocations than those determined by the laws. ”

“ The law places under the supervision of the interior department and its subordinate officers, acting under its direction, the control of all mattes affecting the disposition of public lands of the United States, and the adjustment of private claims to them under the legislation of congress. ”

“ Now, this want of jurisdiction of the inferior court in a summary proceeding to remove an officer of the court, or disbar an attorney or counsellor, is one of the specific cases in which this writ is the appropriate remedy. We have already seen, from the definition and office of it, that it is issued to the inferior courts 'to enforce the due exercise of those judicial or ministerial powers with which the crown or legislature have invested them ”

“ But in this instance, where a body has large administrative and executive powers, and is by law authorized to appoint agents, the principle cannot be so extended as to mean that all the acts of its agents shall appear of record. ”

“ Such a Diet shall be opened on the fiftieth day from that period when the council of state had proclaimed the summons in the churches of the capital. Article 96. The estates shall at every Diet appoint an officer, distinguished for integrity and learning in the law, to watch over, as their deputy, the conduct of the judges and other official men, and who shall, in legal order and at the proper court, arraign those who in the performance of their offices have betrayed negligence and partiality, or else have committed any illegal act. ”

“ The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879) . Because copyright law is limited to “original intellectual conceptions of the author,” the Office will refuse to register a claim if it determines that a human being did not create the work. ”

“ Compilations defined. The copyright law defines a "compilation" as a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The law also states that the term "compilation" includes "collective works," which are works, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. ”

“ Justice Miller stated the general doctrine to be 'that an officer to whom public duties are confided by law is not subject to the control of the courts in the exercise of the judgment and discretion which the law reposes in him as a part of his official functions. ”

“ He is commanded by the legislative department to do some one thing in which a citizen is interested and he refuses to do it. The court have said in such a matter as that, being purely ministerial and directed by law, we will require that officer to do that thing. ”

“ It is the proper function, indeed the obligation, of the judiciary to give effect to the obvious purpose of the Legislature, and to that end "words used may be expanded or limited according to the manifest reason and obvious purpose of the law. ”

“ We are of opinion that this section devolved upon the Secretary, as the head of the department which administered the affairs of the public lands, the duty, and conferred on him the power, of determining what lands were of the description granted by that act, and made his office the tribunal whose decision on that subject was to be controlling. ”

“ Thus, an owner of only an exclusive right would not be permitted to file an application in his or her own name as the copyright claimant, although he or she could submit an application. While the URAA authorizes the Office to adopt regulations permitting owners of restored copyrights to file for registration of the restored copyright, there is nothing in the URAA to suggest that parties who register a restored work are any different from those under existing copyright law and regulations. Moreover, it seems essential to retain the concept of claimant since authors may no longer be alive. ”

“ There are no circumstances in which the Copyright Office will require the recordation of a notice of use. Where appropriate, however, the Office may point out the "compulsory license" provisions of the law and suggest the desirability of recording a notice of use. ”

“ Since the copyright law provides that the "public" performance or dis­play of a work is not publication, it seems clear that performances and displays which are not public do not constitute publication. ”

“ There is no obligation to register a claim to copyright in an unpublished work. As long as a "photograph" remains in unpublished form, it is subject to protection under the common law against unauthorized use before pub­lication without any action being required in the Copyright Office. However, if a work registered in unpublished form is later published with notice of copyright, a second registration should be made "promptly" thereafter. (See topic 2.11.3.1II.d.2.) ”

“ Congress is, after all, not a body of laymen unfamiliar with the commonplaces of our law. This legislation was the formulation of the two Judiciary Committees, all of whom are lawyers, and the Congress is predominately a lawyers' body. ”

“ State courts construe their statutes according to their understanding of state policy and apply them to such situations as their interpretation of the statutory language requires. In so adjudging, they are the final judicial authority upon the meaning of their state law. ”

“ The basis relied upon to establish that we have jurisdiction is the action of the court upon certain motions concerning the qualifications of the jury commissioners, and an alleged failure of such commissioners, in making up the panel, to comply with the law of the United States. ”

“ The reasons for holding that authority to delegate this power is an incident of the office are certainly no less cogent than those underlying the cases which hold that an administrative officer may delegate the function of holding hearings without express statutory authority. ”

“ Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. ”