Pharmaceutical Law Perhaps one of the greatest ethical challenges of pharmaceutical marketing will be a result of overreach of the Justice Department with respect to its interpretation of the First Amendment. Indeed, in his dissenting opinion in Sor Continue Reading...
8th Amendment Amendment 8 - Cruel and Unusual Punishment The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of Rights which was ratified in 1789. The Amendment was to prohibit the States government from i Continue Reading...
Internationally, a broader array of criticism was noted with both exposure drafts, and with certain problems persisting in Exposure Draft #2 that had first been identified in Exposure Draft #1. Specific issues that were brought to the attention of Continue Reading...
The EPA proved that it is a mere technology upgradation that is not impossible to meet. However, it required extensive work on the part of the manufacturers, but nevertheless, many manufacturers were meeting the standard of 0.20 g/hp-hr and this mad Continue Reading...
30 and 0.50 g-hp-hr for the same factors respectively. The actions taken by the EPA in this regard is justified given the fact that greenhouse gases account for 90 to 99% chance of global warming. Some of the prominent greenhouse gases that contribu Continue Reading...
Miller admitted that there were three main models used to test for such causation, but also admitted that he did not use them. The plaintiffs clearly thought that by putting an MD on the stand who would agree with their case, that would be sufficien Continue Reading...
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil Rights Act of Continue Reading...
Amending the U.S ConstitutionTo solve the problems within Congress and the law-making procedure, the term limits must be applied to the positions of Congress through Amending the Constitution of the United States. There are specific reasons as to why Continue Reading...
Political Science: First InitialQuestion 2The interest groups try to affect the judicial system in three ways: lobbying on judicial confirmations, filing amicus curiae briefs, and sponsoring litigation[footnoteRef:1]. Lobbying on the judicial confirm Continue Reading...
Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various Continue Reading...
Exclusionary Rule The Future of the Exclusionary Rule The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the g Continue Reading...
Fourth Amendment It is a traditional belief in America that a man's home is his castle, meaning that he is lord and master of his home and no one may enter, not even the government, without his permission. This was such an important issue among the Continue Reading...
Family Law Amendment (Shared Parental Responsibility) Act U v U [2002] HCA Over the years, the moral fibre of the society has continued to crumble. One of the most affected social units in the society is the family. Spouses exchange vows only to go Continue Reading...
The foundation of these limits is the need to protect the privacy of the individual and control police behaviors. Conclusion: In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that th Continue Reading...
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English g Continue Reading...
Undoubtedly this would benefit the economy, as healthcare bills related to gun accidents continue to rise with each day that passes. Why not find a means to limit the accidental tragedies that occur with use of guns, rather then spend time and energ Continue Reading...
Second Amendment to the United States Constitution states: "A Well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Advocates of civil rights and civil libert Continue Reading...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to Continue Reading...
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower e Continue Reading...
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, wh Continue Reading...
District of Columbia v. Heller Case Brief Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the l Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
United States, 116 U.S. 616 (1886). In Boyd, a defendant had been compelled to produce his business papers. The Court determined that the compulsory production of those papers amounted to requiring the defendant to provide testimony against himself. Continue Reading...
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarze Continue Reading...
Steiney Richards, Petitioner v. Wisconsin The Fourteenth Amendment to the Constitution prohibits police officers from conducting seizures and searches on a suspect's person or property, unless under the authorization of a judge. The case of Richards Continue Reading...
Fourth Amendment and Court Jurisdiction Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. Referring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Continue Reading...
Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affir Continue Reading...
In order to enforce the revenue laws, English authorities made use of writs of assistance, which were general warrants authorizing the bearer to enter any house or other place to search for and seize "prohibited and uncustomed" goods, and commanding Continue Reading...
" The full force and authority of a regular police officer is necessary to make such an intrusion. Yet, such a police officer would not be able to summarily search or seize on the premises of a regular home. The homeless person's effects are; therefo Continue Reading...
Fourth Amendment Violations 4th Amendment Violations Fourth Amendment Violations and Recourse The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and eff Continue Reading...
An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause. A further provision holds that, if a jury has reasonable reason to believe that the e Continue Reading...
S. Constitution. Notwithstanding the defendant's claim that the money orders were not his, the DEA and other federally authorized airport security seized the briefcase because they had probably cause to do so. One federal statute 31 U.S.C. § 532 Continue Reading...
Miranda Rule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda Rule, first adopted in 1966, is still a contentious rulin Continue Reading...
Congress will assemble at least one a year, beginning on the first Monday in December. Section 5: Congress must have a minimum number of members in attendance in order to meet, and that it has the authority to fine those who don't show up. Members Continue Reading...
Privacy Rules HIPPA Over the years, various regulations have been enacted to ensure increased amounts of protection for the general public. The Health Insurance Portability and Accountability Act (HIPPA) was designed for several different reasons. T Continue Reading...
Ambush Marketing: Should Tough Rules be introduced to Protect Sports Sponsors? This is a paper that describes the concept of ambush marketing and outlines how it can be detrimental for the official sports sponsors of events such as the World Cup, To Continue Reading...
Terrorist Activities Rule of Law Since September 11, 2001 the U.S. Department of Justice has charged 310 defendants with terrorism or national security-related crimes, resulting in 204 cases either being plea bargained or presented to a jury (Beck Continue Reading...
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be bre Continue Reading...
Hearsay evidence and the Confrontation Clause of Amendment VI. The main objective of the American constitutional provision under study was: prevention of ex-parte affidavit deposition, which was employed against prisoners in place of personal quest Continue Reading...
