Balance of interests


Balance of interests

The balance of interests doctrine is a legal theory in the United States found in decisions by the United States Supreme Court. The principle is that conflicts of jurisdiction and interests between governmental organizations are decided based on the balance of interests between them. The party with the more compelling interest in most cases will have its interests upheld.

References

[http://www.jstor.org/view/00434078/ap020058/02a00010/0 "The Supreme Court, Civil Liberties, and the Balance of Interests Doctrine" Peter Bachrach]

"Injunctive Relief against Sound, Smell and Sight Nuisances, and the Doctrine of Balance of Interests" C. J. S. Virginia Law Review, Vol. 25, No. 4 (Feb., 1939), pp. 465-473 [http://links.jstor.org/sici?sici=0042-6601(193902)25%3A4%3C465%3AIRASSA%3E2.0.CO%3B2-7]

[http://files.ali-aba.org/thumbs/datastorage/lacidoirep/articles/PL_TPL0512-Martinez_thumb.pdf "Privilege of IP Opinions Under Common Interest Doctrine", J Michael Martinez de Andino, Thomas Bradshaw ]

[http://law.jrank.org/pages/12439/Freedom-Speech.html Freedom of Speech - Further Readings]

[http://www.britannica.com/eb/topic-290156/balance-of-interests "Balance of Interests (United States Law)" Encyclopedia Britannica]


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