In his joint article with Oleg Smirnov, "Drift, Draft, or Drag: How the Supremes React to New Members," Smith takes an even closer look at the Supreme Court and the history of its political (or interpretive) makeup. Specifically, these authors find Continue Reading...
Government originalism OR non-Originalism Non-Original Interpretation of the Constitution A substantial amount of debate has occurred in recent times regarding questions of legislation and the interpretation of the constitution. The two primary fac Continue Reading...
, 93 F. 3d 1358 (CA7 1996) for its statement that "monopsony pricing is analytically the same as monopoly...pricing and is so treated by the law." Based on this determination that the two concepts are analytically similar, the Court thus concludes th Continue Reading...
Code of Hammurabi Hammurabi, the king of Babylonia in the eighteenth century B.C., developed an extensive legal system that came to be known as the Code of Hammurabi. The code covered topics such as military service, family life, and commercial and Continue Reading...
Finally, a divorce attorney may be aware that it is in the client's interest to be more legally aggressive, to gain a better settlement, even if the client's temporary, overwrought emotional state runs against this tendency. The utter prohibition a Continue Reading...
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses t Continue Reading...
All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter refe Continue Reading...
caselaw.findlaw.com);in Guiles v. Marineau (2006) (No. 05-0327 2nd Cir. Court) the Court of Appeals ruled that the school "violated a student's free speech" by disciplining him for wearing a T-shirt that criticized George W. Bush and used images of d Continue Reading...
Unintentional Torts In order to get a good understanding of unintentional torts, it is important to first understand the term tort. The term tort is a French word whose English equivalent is the term wrong. It has also been considered to be a deriva Continue Reading...
Two valuable sources of information do exist: The first one does fall within the conflicting traditions themselves. They are never useful in the solving of the disputes by invoking worldly views. They are indeed a complex set of legal traditions si Continue Reading...
Hostage Negotiation The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the plan Continue Reading...
Moreover, because of the secrecy surrounding the grand jury system, there is a very real concern that a defendant may not have the opportunity to actually confront his accusers. While improper evidence may not come in at trial, it is a fallacy to as Continue Reading...
In examining sentencing options, judges are free to look at mitigating circumstances that might limit the term of the sentence but they are also free to look at factors surrounding the case that might serve to enhance the sentence. Once such enhanc Continue Reading...
workplace injuries can be complex, involving multiple variables and a minimal amount of concrete evidence to support the claims of either worker or company. This case is one such case where the testimony of the workers contradicts the testimony of t Continue Reading...
Christie provides a few examples of how lawyers use the superimposition of several vague terms to arrive at a workable precision. From the 1938 Restatement of Torts: An activity is ultrahazardous if it (a) necessarily involves a risk of serious har Continue Reading...
For example, the 1984 British government committee report suggested that "it is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child," in part because this thr Continue Reading...
" (Social Services Policy Center - Britain, 2005) Further stated is that "Most offenders in the UK are dealt with by non-custodial sentences. Custodial sentences for indictable offences by adults account for less than one sentence in five, while fin Continue Reading...
Cultural relativism contends that no one culture possesses a more correct value system than any other. "There is no one standard set of morals," Sullivan (2006) argues, which one can use as a base to: "objectively judge all cultures, so comparing mo Continue Reading...
Security for Networks With Internet Access The continual process of enterprise risk management (ERM) has become an integral component of successful organizational assessment, because the process of accurately identifying various risk factors, and in Continue Reading...
A lot of critical information on the duty of care and its itinerant duties is located on every Secretary of State website in each state's corporation statute regarding the duties of care and loyalty. But the discussion until now has dealt (in a lo Continue Reading...
WTO Final Project The WTO agreements provide for MFN treatment with an intention of multilateralizing as well as liberalizing trade via the enhancement and promotion of service and trade equality between the World Trade Organization (WTO) member stat Continue Reading...
Governance Codes: Germany, Denmark, France and Italy Although all four nations are members of the European Union and share notable similarities in their capitalist economic structures, Germany, Denmark, France and Italy also have historically exhibit Continue Reading...
Selected Questions and Answers in International LawQuestion 1. What does Germany invoke as the basis for the jurisdiction of the International Court of Justice in Questions of jurisdictional immunities of the State and measures of constraint against Continue Reading...
Racism and Police ViolenceCant you just shoot them? Former U.S. President Donald J. Trump in response to Black Lives Matter racial justice protesters exercising their lawful First Amendment rights, Summer 2020The epigraph above reflects one prominen Continue Reading...
Fraud Investigation The Interview Process Q1. Using private industry as a potential background for developing your fraud prevention and detection strategy, what type of external resource(s) would you recommend be established as soon as possible and Continue Reading...
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable Continue Reading...
Sexuality and Severe Brain Injury Ethical issue The ethical issue in this case study is the fact that Mr. Z decides to have sexual intercourse with his wife Mrs. Z who is brain damaged. Her current state does not allow her to make any valid and sob Continue Reading...
It also illustrates how many of the same human rights that the U.S. Supreme Court has interpreted and applied are protected by others in a similar way." (Youm, 2007) It is noted that Louis Henkin stated of the U.S. constitutional system and interna Continue Reading...
Although Lundman was evidently the first case to award damages for faith healing, prosecutions of parents whose children die under similar circumstances are reasonably common.(64) Many of the cases involve Christian Scientists who do not accept the Continue Reading...
Prophet Mohammad understood the importance of implementing sharia and therefore as soon as any conquest was made, he and his companions would first focus on enforcing shariah. Shariah law was a way of uniting Muslims so they would all stand united u Continue Reading...
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalis Continue Reading...
The judge must choose a sentence from within the guideline range unless the court identifies an aggravating or mitigating circumstance that was not adequately considered by the Sentencing Commission. In mandatory minimum drug cases, judges can depar Continue Reading...
Electoral Politics As detailed quite eloquently in Chapter 15 of Haywood's text, having political power is not simply getting one's way in a crude and overt manner, like passing or pushing a bill through congress. Rather, power also involves the tas Continue Reading...
Constitutional Legitimacy: Reflecting on the Place of the US Constitution According to Chau (2012), the concept of constitutional legitimacy refers to “the acceptance that an exercise in power is justified and therefore authorized, either impli Continue Reading...
Husserl, Language & Consciousness: Reconciliation of Edmund Husserl's Fourth Logical Investigation and Fifth logical investigation Husserl's theory of consciousness in the fifth Logical Investigation is reported to be "one of the most profound a Continue Reading...
Death Penalty: Social Attitudes and Modern Alternatives The issue of the death penalty raises deep emotions on all sides of the debate. Many feel that the death penalty no longer holds value as a tool for society to prevent heinous crimes. In the pa Continue Reading...
Internship Tasks The main task during the internship was articles about Dow Water & Process Solutions (DW&PS). The aim was to illustrate the processes going in water treatment plants and to explain the importance of wastewater reuse. Also, Continue Reading...
