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...
Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the Continue Reading...
Ayn Rand, "Antitrust: The Rule Unreason" alleged purpose Antitrust laws protect competition; purpose-based socialistic fallacy a free, unregulated market inevitably lead establishment coercive monopolies. Remarks on Causation and Liability This re Continue Reading...
Non-Compete Agreement In order to be enforceable, the non-compete agreement must contain a concept of offer, acceptance, legal consideration, capacity, legality of purpose, a reasonable amount of time and date, defined geographic area, and cannot pr Continue Reading...
equitable doctrine of confidence in Australia Currently there are no statutory laws that grant the "right to privacy" to individuals or corporations in Australia. Further, the common law from 1937 case of Victoria Park Racing and Recreation Ground Continue Reading...
Supreme Court and Public Opinion The Supreme Court of the United States was established in 1789 as part of the basic three sections of the American governmental system: Executive (President and Staff), Legislative (Congress), and Judicial (Supreme C Continue Reading...
Fingerprint Evidence Are Fingerprint Identifications Such that Can be Considered Valid Evidence Fingerprint identification is a means of personal identification that is infallible and this is the reason that fingerprints have replaced other methods Continue Reading...
Joe Lee Simmons Statement of Facts The client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, Continue Reading...
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK courts and legislation. The European Court would, with the introduction of a British Bill of Rights likely give greater leeway to Briti Continue Reading...
Ethical Advantages and Disadvantages of an Appointed vs. An Elected Judiciary: The Case of Justice Harry L. Carrico Following more than four decades of noteworthy judicial service, Justice Harry L. Carrico retired simply because he finally became to Continue Reading...
Custom, Equity and Books of Authority Although it does not have a constitution per se, the United Kingdom does have an elaborate system of laws in place that help maintain and protect the interests of its citizens. Although the specific origins of Continue Reading...
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe). Next, the Continue Reading...
As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. Based on this interpretation along with the previous case law decided in McCulloc Continue Reading...
" (Lee, 2009) Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discuss Continue Reading...
In no way could Brode be considered a justifier of or apologist for slavery, but neither is he willing to condemn the judges who, as he indicates, stood up for the law the way it was written and they way they had sworn to do. As distasteful as it wa Continue Reading...
Types of Takeovers There are several consequences of whether a takeover is considered hostile or friendly. These consequences are more in the practical business realm than legal ones. Hostile takeovers are riskier for the acquirer than friendly on Continue Reading...
Civil Liberties, Habeas Corpus, War Terror subtopics: Explain historical evolution habeas corpus, including English American traditions. The explanation evolution American tradition include general meaning habeas corpus U. Habeas Corpus The princip Continue Reading...
Default Dispute Termination of Contract Default and Dispute (contract law) In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contracto Continue Reading...
Shackford & Gooch, Inc. et al. v. The Town of Kennebunk et al. [1984] Supreme Judicial Court of Maine. The case of Shackford & Gooch, Inc. et al. v. The Town of Kennebunk et al. revolves on two distinct impasses. The first is the disagreemen Continue Reading...
Education-Administration Education Discrimination to Teachers Teacher Discrimination Cases Educational instructors, especially the teachers provide the necessitated skills and knowledge to students, thereby equipping them with essential life skill Continue Reading...
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
arises due to the fact of how the primary perpetrator obtained the use of the motor vehicle involved throughout the fact pattern is any possible liability imposed upon the young man's parents. The young man involved took the car apparently without t Continue Reading...
In addition to the monthly rent, the lessees paid the trust all real property taxes that were assessed on the property. The trustee took a fee from the percentage of rental income received and from a percentage of the real estate tax that was collec Continue Reading...
Liebeck v McDonalds In 1994, Liebeck v. McDonald's Restaurant, also referred to as the "McDonald coffee case," was a popular case in the U.S. because it was considered frivolous. The case centers around a woman by the name of Stella Liebeck, who spi Continue Reading...
Florida Negligence Analysis Legal Claims for Cal Negligence- Abe The first claim that Cal can bring is negligence against Abe for causing the accident. Negligence is the failure of an individual to use reasonable care. Under Florida law, negligenc Continue Reading...
Ashcroft US Supreme Court case Ashcroft v. Free Speech Coalition In the case of Ashcroft v. Free Speech Coalition, the Supreme Court presented even more arguments and reasons as to why online child pornography is prohibited. What this case failed Continue Reading...
role that bail is playing in the criminal justice system and how these amounts are determined. This is accomplished by looking at the Robert Blake murder trial, the Roman Polanski rape case and the Carlos Lehder drug trial. Once this occurs, is when Continue Reading...
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the g Continue Reading...
