Commerce Clause Before the New Deal: Gibbons v. Ogden
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Commerce Power Introduction Constitutional Basis: The Commerce Clause, otherwise known as the Commerce Power, is found in Article I, Section 8, Clause 3 of the United States Constitution. It reads as follows: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” U.S. Const. art. I, § 8, cl. 3 Here are the key points regarding the constitutional basis of the Commerce Power: Enumerated Commerce Clause: The Commerce Clause is an enumerated power, meaning it specifically grants authority to Congress to regulate commerce. It’s one of several powers ..read more
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Commerce Power: From Gibbons v. Ogden to Wickard v. Filburn
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Commerce Clause Introduction The Commerce Clause is a cornerstone of the United States’ legal and economic framework, playing a pivotal role in shaping the nation’s history and guiding its future. It empowers the federal government to regulate trade and commerce both within and beyond state boundaries. The interpretation and application of commerce powers have seen significant developments, with landmark Supreme Court cases serving as pivotal milestones in this journey.  In this blog post, we will explore the evolution of commerce power in the United States Constitution Article 1, Section ..read more
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Understanding Federalism: the Necessary and Proper Clause
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Federalism Introduction Federalism allocates authority between the central government and state governments, creating a dual governance system defined by the constitution. This blog explores federal sovereignty and the Necessary and Proper Clause using McCulloch v. Maryland and United States v. Comstock as examples. Federal Sovereignty and McCulloch v. Maryland: Federalism includes federal sovereignty, or national sovereignty, grants authority and power to the central government in a federal system. Specifically, in the United States, the Constitution specifies central government powers like n ..read more
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Copyright: What is it?
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
In today’s digital world, copyright plays a pivotal role in safeguarding the intellectual property of creators and fostering innovation. Whether you’re an artist, writer, musician, or simply someone interested in protecting your work, understanding copyright is essential. In this blog post, we’ll explore the various facets of copyright, from its historical origins to its enforcement and limitations. Copyright History Background Copyright has a rich history dating back centuries. It evolved to protect the rights of creators, ensuring they could benefit from their creations. The story of copyrig ..read more
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Patents: What are Patents?
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Patents are an intricate world where innovation meets legal protection. From their ancient origins to modern legal frameworks, patents have played a pivotal role in fostering creativity, safeguarding inventors’ rights, and shaping the course of technological progress. Join us on a journey through time and across continents as we explore the rich history of patents. Unpack the various types and requirements, and delve into the concept of infringement. Whether you’re an inventor seeking to protect your brainchild or a curious mind eager to understand the complexities of intellectual property, th ..read more
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Trade Secrets: Protecting Your Business in North Carolina
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Trade secrets are the lifeblood of many businesses. They encompass a wide range of valuable information, from customer lists and marketing strategies to manufacturing processes and proprietary formulas. Keeping these secrets safe from prying eyes is crucial for maintaining a competitive edge. In North Carolina, as in many other places, trade secret protection is a top priority for businesses. Let’s explore how the law firm Finch Legal can help you safeguard your trade secrets in the Tar Heel State. The Importance of Trade Secrets Trade secrets can be more valuable than patents or copyrights be ..read more
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Case or Controversy Requirement: Lujan v. Defenders of Wildlife
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Case or Controversy Requirement Introduction The “case or controversy” requirement is a fundamental principle in constitutional law in the United States, rooted in Article III of the U.S. Constitution.  This requirement is a key component of the doctrine of justiciability, which determines whether a federal court has the authority to hear and decide a particular legal dispute.  The case or controversy requirement serves to ensure that federal courts only decide real and concrete legal disputes and not hypothetical or abstract questions. To satisfy the case or controversy requirement ..read more
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Griggs Elementary School: Estate Planning Raffle
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Welcome Griggs Elementary School Families! Welcome to all of our families and friends at Griggs Elementary School – Home of the Mallards! * Quack * Quack * Quack * Children with young families might not consider estate planning at the top of the to do list for all the families needs. But it can certainly be one of the best protections for you and your flock. Guardianship: Choosing a guardian to care for their children in the event that both parents pass away is a critical decision. This includes considerations like who will provide a loving and stable home, and who shares their values and be ..read more
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Reviewing State Courts: Martin v. Hunter’s Lessee
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Martin v. Hunter’s Lessee Introduction Certainly, Martin v. Hunter’s Lessee is a landmark United States Supreme Court case that played a crucial role in defining the authority of the federal judiciary over state courts. The case is significant for its impact on the relationship between federal and state governments in the early years of the United States. Here’s a brief explanation of the case: Background: In the late 18th century, Virginia confiscated land owned by a loyalist named Denny Martin during the American Revolutionary War. This land was granted to Lord Thomas Fairfax, and when Fairf ..read more
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Judicial Review: Marbury v. Madison
Finch Legal Blog
by Thomas Mitchell Finch
6M ago
Judicial Review Introduction Judicial review is a fundamental concept in the United States legal system in the case of Marbury v. Madison that grants the judiciary the power to review and potentially invalidate laws, regulations, and government actions that are deemed unconstitutional. It is a key component of the system of checks and balances that ensures no single branch of government (executive, legislative, or judicial) becomes too powerful. Judicial review allows the courts, primarily the federal courts, to determine whether a law or government action complies with the Constitution and it ..read more
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