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United States Substantive Due Process Case Law (X)

       
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Report on Orphaned Works

By: Marybeth Peters

...gister of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence ... ...of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence Avenue ... ...of the many complex issues involved in this matter. Indeed, throughout the process the participants have addressed the issues forthrightly, with helpf... ...n, DC 20510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States ... ...0510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States Senator... ...volve a limitation on remedies when a user uses an orphan work. The most substantive comments fell into this category, and most of the comments by ... ... author, the date of creation, etc.) allows them to perform some level of due diligence research about copyright ownership before using the work. T... ...e at issue, and almost always after the user has performed some degree of due diligence in attempting to locate copyright owner based on the limited... ...dependent from those that relate to the creation of the work (such as the substantive condition that a production must be original in order for it t...

...Many commenters were in favor of determining whether a search was reasonable on an “ad hoc” or case-by-case basis, whereby each search is evaluated according to its circumstances. This approach was offered as having the advantage of flexibility to cover the wide variety of situations that depend on the type of work and...

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Report on Orphaned Works

By: Marybeth Peters

...gister of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence ... ...of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence Avenue ... ...of the many complex issues involved in this matter. Indeed, throughout the process the participants have addressed the issues forthrightly, with helpf... ...n, DC 20510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States ... ...0510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States Senator... ...volve a limitation on remedies when a user uses an orphan work. The most substantive comments fell into this category, and most of the comments by ... ... author, the date of creation, etc.) allows them to perform some level of due diligence research about copyright ownership before using the work. T... ...e at issue, and almost always after the user has performed some degree of due diligence in attempting to locate copyright owner based on the limited... ...dependent from those that relate to the creation of the work (such as the substantive condition that a production must be original in order for it t...

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Report on Orphan Works

By: Library of Congress

...gister of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence ... ...of Copyrights · January 2006 w The Register of Copyrights of the United States of America United States Copyright Office • 101 Independence Avenue ... ...of the many complex issues involved in this matter. Indeed, throughout the process the participants have addressed the issues forthrightly, with helpf... ...n, DC 20510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States ... ...0510 The Honorable Patrick Leahy 433 Russell Senate Office Building United States Senate Washington, DC 20510 ORRIN G. HATCH United States Senator... ...volve a limitation on remedies when a user uses an orphan work. The most substantive comments fell into this category, and most of the comments by ... ... author, the date of creation, etc.) allows them to perform some level of due diligence research about copyright ownership before using the work. T... ...e at issue, and almost always after the user has performed some degree of due diligence in attempting to locate copyright owner based on the limited... ...dependent from those that relate to the creation of the work (such as the substantive condition that a production must be original in order for it t...

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G-Dimensional Theory & the Smarandache Quantum Paradoxes : Comparative Logic and Modern Quantum Theory

By: L. Stephen Young

... ISBN: 1-931233-46-2 Standard Address Number 297-5092 Printed in the United States of America 4 G-DIMENSIONAL THEORY & THE SMARA... ...BN: 1-931233-46-2 Standard Address Number 297-5092 Printed in the United States of America 4 G-DIMENSIONAL THEORY & THE SMARANDACHE ... ...vior in physical systems which is resolved in a fuller understanding of the process or process theory. c.) axiomatic paradox: contradictory, illogi... ...2 grains: so that one grain of wheat makes a heap. The paradox might seem due solely to semantic vagueness in defining the maximum or minimum numb... ... left is still a visible object. However, repeating 7 and repeating this process, at some point, the visible object is decomposed so that the left... ...rojection. Each bit in the computer's logic system has two possible quantum states (on/off); yet the computer as a whole has a near-infinite number ... ...erably since the earlier versions referenced above. In no small part is this due to the logical demands of confronting solutions for the quantum para... ...omic and Molecular Processes in Plasmas," funding request: DOE Grant 01-24, United States Department of Energy, Washington D.C., (7-13- 01). [51] On... ... United States Department of Energy, Washington D.C., (7-13- 01). [51] Only substantive objection raised by DOE review board in rejection letter of a...

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Essays

By: Michel Eyquem de Montaigne

...egree, and bearing not onely in his heart or hand, but even in aspect and due respect the native magnanimity of Bedford, and magnificent francke-Nat... ... the best Prince that ever they had, ascribing in order the commendations due unto desert, and to the last and latter ranke, what belongs unto the f... ...Duke one night caused the said Merveille to be beheaded, having ended his processe in two dayes. Master Francis being come to the Court fraught with... ...ces where the Portugales abated the pride of the Indians, they found some states observing this universall and inviolalile law, that what enemie soev... ...brio sibi habere videtur. -- 1 LUCRET. 1. v. 1243. A hidden power so mens states hath out-worne Faire swords, fierce scepters, signes of honours bor... ...u canst not so much as defend thine owne hous and didst but lately lose a processe only by the favor of a seely libertine. What, hast thou no meane ... ...ves will catch and carry words:' He knowes neither Ablative, Conjunctive, Substantive, nor Gramar, no more doth his Lackeye nor any Oyster-wife abou... ...uld presently linde the spring and motion of it. Our mindes have jumped so unitedly together, they have with so fervent an affection consideredof eac... ...have, that he will once more adventure to charge these re-enforced und re-united forces, and new armed wit h despite and vengeance, that durst not, ...

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The Unfettered Life of Kenyon of New Orleans

By: Steven David Justin Sills

...wearier with the monotony of stymied expectation. As one of her more substantive acts of each part of late day, Kenyon would always get into the... ... consumption make it seem as though pleasure were the predominant and most substantive part of her life, a treat of recompense for the vanished conce... ... version of John Travolta whose 16 year old son had tragically passed away due to Kawasaki Syndrome; and she loved him for looking like a superstar, ... ...ning of the fabric inside out, claiming it to be a different coat. In any case, how, if there had been a man, which there wasn't, could she have aba... ... Here she was, all alone at the age of 38, uneducated and poor, and due to this persistent consternation over her mother's death and the loss ... ...areness of what was obviously other sentient beings so that they could be processed as sumptuous viands that aggravated and then fully satiated appe... ... such, she had been the inheritor of a large portion of the coffers of the United States government. Only from being such an heiress had she been abl... ...she had been the inheritor of a large portion of the coffers of the United States government. Only from being such an heiress had she been able to ge... ...out disturbing the ocean whatsoever and inadvertently discover God in the process. Instead, she was walking to an unknown, a man whom she hardly kn...

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Speculations and Physics

By: Sam Vaknin, Ph. D.

...ing structural and functional adaptability has been attributed to random-stochastic processes (such as environmentally-induced genetic mutations). T... ...cosmic) realm. The wave function (which describes the co-existing, superpositioned, states of the system) "collapses" following an act of measureme... ...e function which are macrocosmically stable and "objective" (known as the "pointer states")? Indeed, pointer States are reminiscent of the "strange... ...ossible). Strings also constitute a lower limit on quantum fluctuations. This, in due time and with a lot more work (and possibly a new formalism)... ...r metaphoric. They revolve around symbols and theoretical constructs, concepts and substantive assumptions, axioms and hypotheses - most of which c... ...s (who are no longer the same owing to the effects of their participation). This is due to the aforementioned psychological uncertainty principle. ... ...r metaphoric. They revolve around symbols and theoretical constructs, concepts and substantive assumptions, axioms and hypotheses - most of which c... ...overnments on macro-economic matters. Freelance journalist in various media in the United States. 1990 to 1995 President of the Israel chapter of ... ...nia and to the Ministry of Finance. 2001 to 2003 Senior Business Correspondent for United Press International (UPI). 2007 - Associate Editor, Gl...

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Cyclopedia of Economics

By: Sam Vaknin

...ible for killing V, not intending to kill V, and not knowing that V will be killed due to IP's actions or continued existence. It is simple to deci... ...re is not much difference between the embryo and the comatose. A typical contract states the rights of the parties. It assumes the existence of pa... ...his becomes less and less so (the severity of the terminating act increases) as the process of creation advances. Classifying an abortion as murder... ...ion (state vector) in quantum mechanics – the represent millions of potential final states (=millions of potential embryos and lives). The fetus is ... ...s of the Amazon. Genetic studies revealed that Jews throughout the world - largely due to centuries of in- breeding - share the same genetic makeup.... ...ys been the most fervent anti-Semites. Jews are not so much a race as a community, united in age-old traditions and beliefs, lore and myths, histor... ...y. This viral hijacking of the host country's agenda is particularly evident in the United States where the interest of Jewry and of the only super... ...invest them in what IS. They are, therefore, bound to be materialistic, figurative, substantive, earthly. They are likely to prefer old age to youth... ...at wealthy applicants (represented by wealthy lawyers) are more likely to win. The substantive law contains preferences: ethnic, economic, ideologi...

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Cyclopedia of Philosophy

By: Sam Vaknin

...ible for killing V, not intending to kill V, and not knowing that V will be killed due to IP's actions or continued existence. It is simple to deci... ...re is not much difference between the embryo and the comatose. A typical contract states the rights of the parties. It assumes the existence of pa... ...his becomes less and less so (the severity of the terminating act increases) as the process of creation advances. Classifying an abortion as murder... ...ion (state vector) in quantum mechanics – the represent millions of potential final states (=millions of potential embryos and lives). The fetus is ... ...s of the Amazon. Genetic studies revealed that Jews throughout the world - largely due to centuries of in- breeding - share the same genetic makeup.... ...ys been the most fervent anti-Semites. Jews are not so much a race as a community, united in age-old traditions and beliefs, lore and myths, histor... ...y. This viral hijacking of the host country's agenda is particularly evident in the United States where the interest of Jewry and of the only super... ...invest them in what IS. They are, therefore, bound to be materialistic, figurative, substantive, earthly. They are likely to prefer old age to youth... ...at wealthy applicants (represented by wealthy lawyers) are more likely to win. The substantive law contains preferences: ethnic, economic, ideologi...

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Capitalistic Musings

By: Sam Vaknin

...ija Rangelovska A Narcissus Publications Imprint, Skopje 2003 First published by United Press International – UPI Not for Sale! Non-commercial ed... ...ww.ce-review.org/authorarchives/vaknin_archive/vaknin_main.html Visit Sam Vaknin's United Press International (UPI) Article Archive – Click HERE! ... ... state - a problem known in economic literature as "time inconsistencies". The very processes of measurement and observation influence the subject a... ... of a share - or of the market as a whole - changes as a result of externalities. Substantive news, change in management, an oil shock, a terroris... ...ve them be. Lower regulatory costs, economies of scale and of scope, excess profits due to the ability to set prices in a less competitive market - ... ...hazard in their NBER paper titled "Are Invisible Hands Good Hands?": "Moral hazard due to health insurance leads to excess consumption, therefore i... ...nsurance Companies, and Capital Markets", David Rule of the Bank of England flatly states: "At least as important for the efficiency and robustness... ...ettlement of policyholders' claims on insolvent insurance companies in the various states. Crop failures and floods are already insured by federal ... ...invest them in what IS. They are, therefore, bound to be materialistic, figurative, substantive, earthly. They are likely to prefer old age to yout...

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Facts and Fictions in the Securities Industry

By: Sam Vaknin

...ww.ce-review.org/authorarchives/vaknin_archive/vaknin_main.html Visit Sam Vaknin's United Press International (UPI) Article Archive – Click HERE! ... ... C O N T E N T S I. Introduction II. The Value of Stocks of a Company III. The Process of Due Diligence IV. Financial Investor, Strategic Inves... ... N T S I. Introduction II. The Value of Stocks of a Company III. The Process of Due Diligence IV. Financial Investor, Strategic Investor V. The... ...f other factors. It is almost impossible to objectively quantify or formulate this process of analysis and decision making. In telecommunications, ... ...Analysis The Roller Coaster Market - On Volatility and Risk Return The Process of Due Diligence A business which wants to attract foreign invest... ...e of a share - or of the market as a whole - changes as a result of externalities. Substantive news, change in management, an oil shock, a terroris... ...angible, retarded wealth formation. In some respects, the West - and especially the United States - are poorer now than they were in 1988. This monu... ..., retarded wealth formation. In some respects, the West - and especially the United States - are poorer now than they were in 1988. This monumental ... ...nsciously imploding the US markets. This caused a violent depression in the United States and some other countries, with the collapse of financial ...

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The Conundrums of Psychology

By: Sam Vaknin

... causes - a heart defect, a biochemical imbalance, a genetic mutation, a metabolic process gone awry - cause disease. Aging and deformities also be... ...er-productive approach. Exogenic and Endogenic pathogenesis is inseparable. Mental states increase or decrease the susceptibility to externally ind... ...example is, of course, medication: it is an external agent, it influences internal processes and it has a very strong mental correlate (=its effica... ...th? Order to entropy? Efficiency to inefficiency? Health and sickness are different states of affairs. Whether one is preferable to the other is a m... ...e deliberations of the DSM V Committee, the next edition of this work of reference (due to be published in 2010) will tackle these long neglected is... ...paths (subjects with the Antisocial Personality Disorder). Across the ocean, in the United States, Benjamin Rush made similar observations. In 183... ...er times even if they deal with the SAME subjects. The subjects are never the same due to the psychological uncertainty principle. Repeating the e... ...r metaphoric. They revolve around symbols and theoretical constructs, concepts and substantive assumptions, axioms and hypotheses - most of which c... ...ia and to the Ministry of Finance. 2001 to 2003 Senior Business Correspondent for United Press International (UPI). Web and Journalistic Activit...

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Trendsiters Digital Content and Web Technologies

By: Sam Vaknin

...ed issues. http://samvak.tripod.com/internet.html Visit Sam Vaknin's United Press International (UPI) Article Archive – Click HERE! This let... ...mnist for Central Europe Review, PopMatters, Bellaonline, and eBookWeb, a United Press International (UPI) Senior Business Correspondent, and the ed... ... written or already in the public domain. Terrified by the inexorable process of disintermediation (the establishment of direct contact between ... ...thoring an encyclopaedia was such a daunting and expensive task that only states, academic institutions, or well-funded businesses were able to produ... ...zation and cartelization of the medium are evoked - and proven correct in due course. Otherwise, there is fear of the concentration of control of the... ...y-turvy world. Digital animation is produced in India and consumed in the States. The low compensation of scientists attracts the technology and R&D... ...al functions to e- books. But librarians failed to grasp the essential and substantive differences between the two formats. E-books can be easily, st... ... nowadays. The plunge in book prices, the lowering of barriers to entry due to new technologies and plentiful credit, the proliferation of publish... ...m in what IS. They are, therefore, bound to be materialistic, figurative, substantive, earthly. They are likely to prefer old age to youth, old hab...

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The Future of the Internet : And How to Stop It

By: Jonathan Zittrain

...n Adobe Garamond type by The Composing Room of Michigan, Inc. Printed in the United States of America by R. R. Donnelley, Harrisonburg, Virginia. Libr... ... Garamond type by The Composing Room of Michigan, Inc. Printed in the United States of America by R. R. Donnelley, Harrisonburg, Virginia. Library of ... ...prietary, non-generative competitors, such as the makers of stand-alone word processors and proprietary online services like CompuServe and AOL. But t... ...ght welcome them—they also arise within technology-embracing au- thoritarian states, because the technology is exported. A lockdown on PCs and a corre... ... in- terventions and government funding were necessary to its success. It is due to an interplay of market forces and network externalities that are b... ...to those cus- tomers’ perceived needs in an ordered way. The Internet had no substantive offerings at all—but also no meaningful barriers to someone el... ...4 By one credible estimate, there will be over 290 million PCs in use in the United States by 2010 and 2 bil- lion PCs in use worldwide by 2011. 75 In... ... Food cooler Rice, salt Prepared sushi Prepared sushi may be less accessible due to its price. Rice and salt are staple foods that are easier to add ... ...nt, there are important reasons to hesitate. 43 Objections to the Underlying Substantive Law Some people are consistently diffident about the presence o...

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The Fundamental Assumptions Underlying the Modern Study of Psychopathology Examined.

By: Sam Vaknin

...eral diagnostic criteria for a personality disorder: F. The enduring pattern is not due to the direct physiological effects of a substance (e.g., a ... ...stic personality style. Traumas (such as brain injuries) have been known to induce states of mind akin to full-blown personality disorders. Such "n... ...hy most Borderlines and Dependents are females. Upbringing and environment, the process of socialization and cultural mores all play an importa... ...what he wants and the family that he has created disintegrates to his great sorrow (due to the loss of the Narcissistic Space) – but also to his gre... ...d for the troubled situation. The child can learn to avoid these painful emotional states by acquiring a narcissistic mode of information processin... ...most a very developed kernel of humanity. He is definitely capable of experiencing substantive dimensions of his own birth and subsequent metamorph... ... "Schizophrenia: An Ethnic Psychosis, or Schizophrenia without Tears". To him, the United States is afflicted by what came later to be called a "sc... ...n her recently published tome, "How Sex Changed: A History of Transsexuality in the United States", that the very meaning of masculinity and femini... ... believe that there are such processes, to begin with. Research failed to find any substantive difference between the psychological make-up of a na...

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The Religious Dimension

By: Donald Broadribb

...an, Catholic, Episcopalian (the name given to the Church of England in the United States) left me with a sense of coldness, making me feel a total out... ...holic, Episcopalian (the name given to the Church of England in the United States) left me with a sense of coldness, making me feel a total outsider w... ...verything available from and THE RELIGIOUS DIMENSION iv about both men, a process I continued for decades, until I felt that I knew them both intimat... ...re every student inevitably has bias and preconceptions. Never- theless if due allowance is made for this, it might be possible to discover some featu... ...d, and much else. Small groups such as the Old Order Amish, in the eastern United States, are striking examples of Christian traditions which define t... ...much else. Small groups such as the Old Order Amish, in the eastern United States, are striking examples of Christian traditions which define the deta... ...ts general familiarity both in the past and in the present tends to escape due attention. The introduction of monasteries for men was fairly easy, but... ...and awareness along the lines earlier discussed. The English language uses substantives to denote God: Supreme Being, Creator, Heavenly Father. Englis... ... in his study of south-west Indian people that where English commonly uses substantives (nouns) these native Indian languages use gerunds denoting pro...

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A Unifying Field in Logics : Neutrosophic Logic. Neutrosophy, Neutrosophic Set, Neutrosophic Probability

By: Florentin Smarandache

...Manifesto of the PARADOXISM is especially a revolt of the emigrant to the United States who doesn't speak English, against the language - an anti- la... ...to of the PARADOXISM is especially a revolt of the emigrant to the United States who doesn't speak English, against the language - an anti- language ... ...oems; - poems in Pirissanorench (language spoken in the South-West of the United States by a single person!); - super-poems; 6 - graphic poems; ... ...- poems in Pirissanorench (language spoken in the South-West of the United States by a single person!); - super-poems; 6 - graphic poems; - upse... ...er logics, neutrosophic logic introduces a percentage of "indeterminacy" - due to unexpected parameters hidden in some propositions. It also allows ea... ... a ‘relative truth’ and an ‘absolute truth’, while fuzzy logic does not. Due to the fact that a paradox is a proposition which is true and false in ... ...se limits and takes under magnifying glass not only defining features and substantive conditions of an entity <E> - but the whole <E'> derivative spe... ...Neutrosophic Studies and Interpretations of Known Theories, Modes, Views, Processes of Reason, Acts, Concepts in Philosophy. This section, which is ... ..., and method in itself, and action, and movement, and general theory, and process of reasoning. This approach differs from neutrosophism, which is a...

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An Apostate: Nawin of Thais

By: Steven David Justin Sills

...s irrationality and his blind stumbling, and yet not being morose about it due to the fact that he maintained some degree of logic and awareness of hi... ...own now for he was still suffocating in the debris of what was before--but due to his present need for it to suffuse over his headache as cold as an i... ...through the silence. "Since you were about ready to go on your trip to the states, Nawin of the Thais with your American passport, we decided to delay... ...lness and sleep that the mind should continue to allow either of these two states to overwhelm the other. It seemed odd that after so long it would co... ...was like a blood-sucking mosquito but quaffing away analytic and synthetic processes of idea making, aggravating placid delusions in fever, and muddli... ... intimacy bedazzled him for a time before his return to a more subdued and substantive state; this time in an effeminate role of mute intercourse not ... ...Thailand, and so if he had to have a practical reason for returning to the United States this could be one. He had plenty of accessible money for his ... ... a scholarship grant had been more of sexual rendezvous than anything more substantive. It had been his language of choice as no one there seemed to w... ...ter?--he could not remember any of the specifics; hadn't some uncle in the United States of America, the country of his birth, once told him that thun...

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Tokyo to Tijuana: Gabriele Departing America

By: Steven David Justin Sills

...t Toksugum Palace in Chongno of Seoul Sang Huin (known by his friends in the states as Shawn) felt an empathy as deep as the gods; and the reconstruct... ...d him in Soul. Sang Huin was always traveling--especially when he was in the States. He was discontent and was seeing himself falling further and furt... ...verted to attitudes fixated in his childhood and thus became childish in the process. "You know, Americans think that South Korea is a little third wo... ... inaccessible as Antarctica. She had successfully obtained him and this was due to the fact that people loved those of a strong will who seemed immor... ...s suggestions. The bathroom was his impetus for entering the library. In the process of staring up at the fan to focus a second of hate toward it he s... ...er, which was becoming less odd annually, concerned her especially after the United Nations report that the world temperature would rise two degrees o... ...t contracts would have taken place in the 19th century when the deceased was united in the ultimate act of consummation: the decay into that plot of l... ...lever are disingenuous actions really? ArenチOt most problems on this planet due to this animalistic self-preserving cleverness? I think so. The la... ...It isnチOt friendly." She read it and smiled widely for this was their first substantive dialogue. "Okay," she said, "I will return your toy but I wa...

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Inaugural Addresses of the Presidents of the United States from George Washington to Bill Clinton

... INAUGURAL ADDRESSES OF THE PRESIDENTS OF THE UNITED STATES is a publication of the Penn sylvania State University. T... ... INAUGURAL ADDRESSES OF THE PRESIDENTS OF THE UNITED STATES is a publication of the Penn sylvania State University. This Por... ...ronic transmission, in any way. INAUGURAL ADDRESSES OF THE PRESIDENTS OF THE UNITED STATES , the Pennsylvania State Uni versity, Electronic Classics ... ...ransmission, in any way. INAUGURAL ADDRESSES OF THE PRESIDENTS OF THE UNITED STATES , the Pennsylvania State Uni versity, Electronic Classics Series ... ..., in place of a recommendation of particular measures, the trib ute that is due to the talents, the rectitude, and the patriotism which adorn the cha... ...ur descendants to the thousandth and thousandth generation; enter taining a due sense of our equal right to the use of our own faculties, to the acqu... ...h officers and opening our doors to their intrusions, had already begun that process of domicili ary vexation which once entered is scarcely to be re... ... the ques tion of constitutional power. I can not but hope that by the same process of friendly, patient, and persevering deliberation all constituti... ...arrowed and dwarfed by slogans and phrases. It is not the adjective, but the substantive, which is of real importance. It is not the name of the actio...

Excerpt: Inaugural addresses of the presidents of the United States.

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