This is because the child was denied this assistance only because it was felt that while the government was responsible for providing appropriate education to handicapped children, it was not legally binding to achieve or maintain 'perfect equality' Continue Reading...
Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, the Pregnancy Discrimination Act of 1978, and the Civil Rights Act of 1991, is the most important civil rights legislation in modern history of the United States. Continue Reading...
Reasonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001) Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001) Type of Action: Review by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth C Continue Reading...
Corporate Taxation Provisions and Principles Corporate Taxation Congress' Reaction to the Holding in Chamberlin v. Commissioner (1953) Prior to passage of the IRS Tax Code by the 83rd Session of Congress in 1954 the tax status of stock dividends r Continue Reading...
Company audit occurs when there is need to examine the performance of a big company especially the financial and the accounting records over a given period of time. Professionals such as the certified public accountant always do the auditing. The aud Continue Reading...
Obama Urges Tougher Laws on Financial Fraud In the wake of the Wall Street bank bailouts and the various security fraud cases that have occurred nationally the Obama administration has been under pressure to enact new legislation that effectively pr Continue Reading...
Administrative Agencies and Due Process In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights Continue Reading...
A micro considers the interests and rights of the individual company as the primary concern. Both of these views are valid depending on the lens that one wishes to use. The problem arises when the government is forced to develop policies regarding p Continue Reading...
Gender discrimination is a business pitfall that could result in hazardous, time-consuming, and expensive lawsuits. Today, businesses and managers need to be fully aware of the legal implications of perceived differences between how employees are tre Continue Reading...
Sutherland wrote "No attempt was made to investigate. Defendants were immediately hurried to trial...." The Court noted that "a defendant, charged with a serious crime, must not be stripped of his right to have sufficient time to advise with counse Continue Reading...
Megan's Law (Pro) In 1994, Megan's Law was passed in order to protect innocent women and children from violent sex offenders. Critics of the law have argued that the law infringes on the constitutional rights of sex offenders after they have been re Continue Reading...
humans unique is the combination of attitudes and opinions that make up perspective. Development of perspective determines how an individual lives, learns, and what decisions the individual makes. The attitude of a person has behavioral, affective, Continue Reading...
S. Congress went ahead and passed the Civil Rights Restoration Act of 1988, furthermore recognized as the Grove City Bill, over a rejection by President Ronald Reagan (Priest, 2003). That rule abolished Grove City College v. Bell and then made the bi Continue Reading...
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
Employers may unequivocally monitor any message that utilizes company-provided email" (Sherman, 2007, pg. 649). Problems arise when the employer attempts other methods monitoring as Sherman notes; "The law is not clear, however, when an employer acc Continue Reading...
Miron (qtd in Lazarus 2006) calculated that the legalization of marijuana could yield around $2.4 billion annually, if the substance is taxed at the level of most goods. The revenues could rise to $6.2 billion annually, if marijuana is taxed on the Continue Reading...
Police civil liability is one of the more complex areas of civil law. Because of their unique position in society, police officers have to be free to engage in behavior that would be tortious if it was committed by people outside of law enforcement. Continue Reading...
First Amendment In 1787 our forefathers ratified the constitution of the United States of America, which contains the most important document to any American citizen, the Bill of Rights (Magarian, 2012). The First Amendment to the United Sates Con Continue Reading...
The student journalists sued, citing the Tinker standard (Hazelwood School District v. Kuhlmeier, 1988). The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" lang Continue Reading...
Business Law When most people think of securities fraud and corporate misconduct, they will often associate Enron to these ideas. This is because it went from being the tenth largest company in America to one the biggest bankruptcies in U.S. history Continue Reading...
Metal Workers Employment Law Case Review One of the primary functions of the judiciary is to clearly define the parameters of legislative intent, as the passage of any law necessarily creates parties with a vested interest in bypassing or overturni Continue Reading...
Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts Continue Reading...
The Supreme Court found that the habeas corpus petition was filed improperly, and therefore the case was dismissed and all previous decisions in other courts overruled. The central issue regarding the power of the president was never decided. Justi Continue Reading...
Ethics-CRIMINAL JUSTICE SYSTEM Details of the Source When does police mistake become murder? The Christian Science Monitor, Date of publication: 04-05-1999, Summary of Facts Racial profiling is probably the biggest concern of minorities groups Continue Reading...
On pages 88-89, right in the middle of a 1972 national debate of this issued, Greenhouse reports that Justice Blackmun was given the job by his colleagues of writing a draft opinion on Roe v. Wade. How was a doctor to know if "death was imminent" sh Continue Reading...
Legal Briefs Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988 Type of Action: Civil and Contractual Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During t Continue Reading...
One of the reasons it is against the anti-trust laws to do this is because it places large businesses like Wal-mart and Microsoft at an unfair advantage because they have enough capital to get through lean times caused by below cost pricing long en Continue Reading...
Television and film script writers have gained from crime and courtroom proceedings for many years. The use of the courtroom as a drama channel has significantly changed in the recent years among media options. The use of the courtroom as the basic s Continue Reading...
Terri On February 25, 1990, Terri Schiavo suffered from severe brain injury. She could no longer do anything for herself and was without an attorney. Her husband named Michael Schiavo was her legal guardian. Due to brain damage, Ms. Schiavo did not Continue Reading...
Personal jurisdiction and service of process are legal technicalities and are, therefore, subject to interpretation. Attempts to avoid being forced to engage in litigation in a forum that may be inconvenient or burdensome are a legal maneuver that a Continue Reading...
Fighting Obesity in the Courts Super-Size Me Legal Issues 101 Fighting Obesity in the Courts The 'obesity epidemic' has garnered much attention by the news media and western governments over the past decade. Their concern is well founded, because Continue Reading...
Cousin Vinny and American Criminal Justice The 1992 film My Cousin Vinny starring Joe Pesci and Marisa Tomei is a typical Hollywood foray into the realm of jurisprudence. So comical and seemingly realistic is the film (it takes place in the South - Continue Reading...
Christian Louboutin vs. Yves Saint Laurent Identify Yves Saint Laurent's defense to their use of red soles in their collections (in other words, what do they claim makes their look or placement of color different from Louboutin's signature look?). Continue Reading...
This lawsuit should be settled between the players union and the NFL, with the NFL agreeing to cut Vilma's suspension in half as a compromise. Carrying this bitter debate out in a public display of acrimony would not serve the NFL or the players wel Continue Reading...
Buffalo Creek Case centered around a dam that collapsed on February 26, 1972. The catastrophe was huge, as the dam collapsed and disappeared in a matter of minutes with no warning. The result was that 125 people were killed, and hundreds of individua Continue Reading...
legal framework which provides the foundations for the American system of labor / management relations. The state of labor / management relations today is very different than it was 100 years ago. Workers can actually reason with their employers an Continue Reading...
This limits the ability for businesses to make use of telemarketing as an advertising technique. While most people feel that telemarketers are an annoyance, above all else, telemarketers have also been accused of deceptive practices. This act will m Continue Reading...
While implementing the work-release program may lead to an increased risk to people outside of the prison environment that risk is at least theoretical, while the risks associated with overcrowded prisons are concrete. Moreover, William could attemp Continue Reading...
" ("People's Mojahedin Homepage") But the U.S. countered that from 1972-1975, the MEK, engaged in a campaign of bombing which damaged targets such as Shell Oil Company, Pan Am Airlines, and other organizations. The MEK also formed the National Libera Continue Reading...
