After all, Ernesto Miranda who was the namesake of the Miranda Rights was a rapist and a guilty one at that. He was retried after his confession was tossed and he was re-convicted as were many of the other people that had their convictions overturne Continue Reading...
U.S. Courts Until Bob Woodward wrote his book, The Bretheren: Inside the Supreme Court (Woodward, 1996), the inner workings of the United States Supreme Court were considered off-limits. For nearly two hundred years no one had the courage to investi Continue Reading...
Meanwhile the country in alleged violation may continue their activity until a final decision is made. It may require the cooperation of several countries willing to step in and force change (Basu 2001). The ILO regime is a concerted effort to enfor Continue Reading...
Actions Lawsuits in Employment Sex-Discrimination Lawsuits: When are they Appropriate? The class action lawsuit is a somewhat controversial tool, particularly in the case of employment discrimination. In many ways, it is a hallmark of judicial effi Continue Reading...
348). Pursuant to the Court's holding in Grand Central Car Park Pty Ltd. v Tivoli Freeholders [1969] VR 62 per McInerney J (public nuisance), in order for fault to rise to the level needed for liability for nuisance, the defendant's fault must inclu Continue Reading...
I do not approve of reading so many books. The method of examination is a method of dealing with the enemy. It is most harmful and should be stopped" (Johnson 1992:552). Mao wanted control of China's destiny -- and he wanted that destiny out of the Continue Reading...
Entrapment Defense: Case Brief One: Sherman v. United States Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately ask Continue Reading...
The Court did not address the issue of when, if ever, a province's public health plan under the Canada Health Act, R.S.C. 1985, c. C-6, is required to provide treatment outside of those core services administered by doctors and hospitals because res Continue Reading...
There are many companies today that are being run very successfully, by women. Women are just like men they want to succeed in the workplace and working at Wal-mart does not change this. Wanting to do well at a job is human nature and is not just re Continue Reading...
This could be something like another computer picking up someone's credit card number during what was supposed to be a secure transaction, or an employee of a company giving out a person's confidential information over the phone to someone who is no Continue Reading...
Do not sit on the bottom of the tub, this causes too much bending of the hip. Use liquid soap to avoid dropping the bar of soap. A long-handles bath sponge will help in bathing below the knees." The necessary precautions for the post-operative hous Continue Reading...
Johnson Controls, Inc. (886 F.2d 871 (7th Cir. 1989). The Supreme Court heard this case because they were concerned with an employer's gender-based fetal-protection policy. The question was whether an employer could exclude a fertile female employe Continue Reading...
Misrepresentation, 2010: Duty and public notice in the UK, PLC The audited financial statement prepared by Bumble & Co, on behalf of Horizon PLC 'made public' the performance of the corporation: reporting earnings of £10 million. Where pu Continue Reading...
HLA Hart and Modern Legal Positivism H.L.A. Hart is one of the important names in the history of legal theories. In our class reading, Hart talked about past strict positivists and changed legal positivist theory for modern thinking and experience. Continue Reading...
The play "Inherit the Wind" changes the real-life script. In the real "Scopes Monkey Trial" Clarence Darrow defends John Scopes and William Jennings Bryan serves as the prosecutor. This was a clash of legal titans, if you will, because Bryan had ru Continue Reading...
Rosie the Courtroom Dog Should therapy dogs be allowed in the courtroom as support for victims? Rosie the courtroom dog was cute, fuzzy -- and controversial. "Rosie is a golden retriever therapy dog who specializes in comforting people when they ar Continue Reading...
Issue Of fundamental concern to the Court in Goss was the issue of procedural due process as opposed to substantive due process. By not providing a formal or informal hearing for the students explaining the reasons for suspension, and not offering Continue Reading...
DELL INC. FRAUD Business practices came under fire when America's seventh largest firm Enron collapsed due to unethical accounting strategies. This case triggered a series of unwelcome events where one after the other, large organizations in the U.S Continue Reading...
Plus, where and how the plaintiff's injuries occurred in Margreiter are far more questionable than how the plaintiffs in Nordmann occurred. There is no doubt that the plaintiffs in Nordmann were injured in the hotel while the possibility exists that Continue Reading...
Legal Concept of Relevant Evidence Brady v. Maryland, 373 U.S. 83 (1963) Facts: Defendants Brady and Boblit were convicted of murder by the state of Maryland, with Brady admitting participation in the crime but stating that Boblit committed the act Continue Reading...
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purpos Continue Reading...
Neo-Liberalistic Legal Concepts on Nations With Distinct Legal Tradition (Common, Civil, Socialist) This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: M 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...
Harmonization of International Civil Procedure and International Commercial Arbitration The objective of this study is to address the idea that when all the recently formulated harmonization instruments relating to transnational commercial litigatio Continue Reading...
The purpose of such bifurcation is the enabling of the parties to the arbitration to maintain control of the impact of the Shariah in the law that they choose for arbitration. Middle East states that have not removed religion from their rules of arb Continue Reading...
Costco Corporation Statement of Ethics Our Mission is to offer our members quality goods and services at the lowest possible prices (Data monitor, 2011). In order to realize our mission, we will execute our business with the following Code of Ethic Continue Reading...
Statutory interpretation is indeed a crucial issue in English law and an aspect of the legal system which definitely is controversial and ambiguous at times. Professor John Willis memorably and successfully analysed statutory interpretation in a famo Continue Reading...
Living Constitutionalism As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound Continue Reading...
William Howard Taft -I Brief Biography of Life Before the Supreme Court- In this section you should outline the "life and times" of your chosen subject, placing emphasis on key events in that person's life that may have led them to pursue a career Continue Reading...
As such, any valid arbitration agreement will be accordingly handled and implemented by the arbitrators on the case. 4) What specific steps can be taken effectively to change this legal outcome in future cases? In the case of Clinton Cole vs. Burn Continue Reading...
'" (19 Berkeley Tech. L.J. 495). The note agrees with the court and concludes that the type of contract that Ticketmaster sought to enforce (a browsewrap license) is a typical example of a mass market form of Internet contract that simply strays too Continue Reading...
First Amendment Advertising is a critical component of any business. Many forms of advertising are protected by the First Amendment, yet "the Supreme Court for many years took the view that commercial speech -- speech that proposes an economic trans Continue Reading...
Culture is no small force; it shapes individuals and impacts tremendously on politics (McCartney, 2004). Nations are made up of people, who, from the moment of their birth, are deeply and profoundly shaped by the cultures and customs from whence th Continue Reading...
Internet Governance by U.S. Government An amateurish video, "Innocence of Muslims," posted on YouTube in September 2012 was the catalyst for a string of anti-American protests and riots throughout the Islamic world. The short trailer, promoting an a Continue Reading...
NEPA and SEQRA The National Environmental Policy Act (NEPA) The National Environmental Policy Act (NEPA) was ratified in 1970. It is a federal law that is designed to assess the damage to the environment from various projects. This was in response Continue Reading...
Classification of Federal Agencies: The Administrative Procedure Act is regarded as one of the most significant legislations because it focuses on establishing rules and regulations with which federal regulatory agencies enforce major legislative a Continue Reading...
Both proposals were consequently amended and eventually accepted by the SEC. The audit committee makes sure that the books aren't being cooked and that shareholders are properly informed of the financial status of the firm. Characteristically, the Continue Reading...
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to b Continue Reading...
At which point, the attorney could face ethics charges because of this ethical conflict. To prevent such situations from occurring, it is advisable that all attorneys become passionately involved in their clients cases. This will ensure that they ar Continue Reading...
However, as Schwarcz notes, the reasonable expectations doctrine fails in practical use for several reasons. Whie th doctrine may have widespread support from insurance law commentators, "Only a handful of state courts follow the rule, and the case Continue Reading...
