Is the EEOC's understanding of its rule entitled to respect under Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case? Martel v. Clair - Docket N Continue Reading...
U.S. And Supreme Court Contrast the U.S. Circuit Courts with the U.S. Supreme Court in terms of their authority to strike down an act of congress or of the states? The United State Supreme Court is the highest judicial body of the U.S. The Circuit Continue Reading...
' Ultimately, while this makes a compelling argument, it seems almost aggressively to skirt the issue of campaign finance reform as a basic inspiration for the restrictions struck down here within. This is a resolution that should be seen as somewhat Continue Reading...
The Court also stated that if an individual indicates at any time that he wants to remain silent, the interrogation must stop; any statement taken after this time is the product of compulsion. Silence can never constitute a valid waiver. Dissent: J Continue Reading...
Criminal Court System Evolution and History of the Criminal Justice System: When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to t Continue Reading...
According to Reno congress had not intention "to displace the states as the primary regulators of the medical profession and as not to override a states' determination of that which "constitutes legitimate medical practice in the absence of a prohib Continue Reading...
International Court of Justice The action of international states as actors has precipitated the need to have measures that can function beyond the limits of a single country. The action of states in their relationships with other states at times re Continue Reading...
Chief Justice Warren noted in the syllabus of the case, Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognit Continue Reading...
Supreme Court's recent decision to ban the execution of mentally challenged individuals raises important ethical issues. Judges must be able to determine if a person is indeed mentally challenged. While the legal system and psychology have made impo Continue Reading...
U.S. Supreme Court: Kelo v. New London (2005) Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to Continue Reading...
Rawlinson Case We Background - Dianne Rawlinson, a female citizen of the state of Alabama, applied for a job as a state prison guard, but was rejected because she failed to meet a state requirement that all prison guards must be at least 5' 2" tall Continue Reading...
Social psychologists have shown that a group can be heavily influenced by the dominating, authoritarian decision making of one or more strong supporters of the death penalty. Despite the democratic process of picking jury members, many typical jury Continue Reading...
Clause 2 of the United States Constitution outlines the process whereby the President of the United States is entrusted with the responsibility of selecting the Supreme Court Justices: "The President...shall nominate, and by and with the Advice Continue Reading...
Snyder v. Phelps The First Amendment is part of the Bill of Rights, and prohibits the making of any law " impeding the free exercise of religion," infringing on the freedom of speech, infringing on the freedom of the press, interfering with the righ Continue Reading...
The district courts hear cases first, if the case is of federal jurisdiction. If a party decides to appeal a ruling, it goes to an appellate court. The appellate court will not hear a case that has not already passed through the district court. More Continue Reading...
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that Continue Reading...
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a Continue Reading...
S. COURT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)." The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their li Continue Reading...
Temp. Reg. 15A.453-1(b)(3)(i). Similarly, a taxpayer engaging in a section 1031 exchange is treated as receiving "boot" (and is required to recognize any realized gain) to the extent that the liabilities assumed by the exchange counterparty exceed t Continue Reading...
Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitio Continue Reading...
Pinochet's Case is Not Yet Satisfying to Chilean and Human Rights Activists Although hampered by internal constraints and challenges, the nation of Chile stands poised to enter the 21st century as a major player in the world's international communi Continue Reading...
Legal Issues Presented With regard to deciding the Marbury v. Madison case, Chief Justice John Marshall faced the following three legal challenges. Firstly, was the petitioner entitled to the said writ? Secondly, did American laws permit the grantin Continue Reading...
hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Po Continue Reading...
More people are currently incarcerated than at any other time. In fact, prisons are so over crowded that it is now common practice for judges to simply use deferred sentences and probation as a means of sentencing. Further, the costs of housing so Continue Reading...
Layne', in December 1994, the Office of the Information and Privacy Commissioner received a compliant that the Vancouver Police Department had taken a decision to block out the faces of those person who were being interviewed by the police in the pr Continue Reading...
Drug Courts: A Program to Reinvent Justice for Addicts For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community ( 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...
" Lastly, the court did not offer resolution for the Plaintiff as in summation and appeals it claims that there was not good enough evidence that the accident had been an intentional criminal act and that if security had been provided the incident w Continue Reading...
Cass Sustein's Politics By Other Means, which was published in New Republic in 2002; Mark Green's The Evil of Access, which was published in The Nation in 2002; Bill Moyers' Journalism and Democracy, which was published in The Nation in 2001; Anthony Continue Reading...
While it can be argued that auditors bear a degree of responsibility to evaluate management practices, Cousteau clearly took the view that on the whole the financial statements did accurately reflect the firm's circumstances; that the fraud did not 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...
The regularity of meetings at the location Tammy chose, as well as other available meetings and programs, would also help in determining the level of conflict that is inherent to this situation, and other practical methods to address the issue of Li Continue Reading...
(discuss them and then choose one that would possibly work) One possible solution for this anti-trust problem, which is currently proposed by authorities, is that Microsoft should allow its competitors to access its information database. In this wa Continue Reading...
DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the fo Continue Reading...
Utilitarianism Case 1- Dating at Wal-Mart According to utilitarianism, the physical act of adultery cannot be judged moral or immoral until situated by intention and circumstances. In this case, the married woman was separated from her husband and Continue Reading...
court ruling 'Two Views on Court's Ruling" (2003) presents the differing opinions of legal analysts Douglas W. Kmiec and Alan Hirsh regarding the Massachusetts Supreme Court decision to extend the legal definition of marriage to include homosexual c Continue Reading...
Limitations of the Research or Gaps A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldw Continue Reading...
Legal Decisions for Fire and Emergency Services The American legal system is based upon case precedent and the way the courts are interpreting the law. The result is that there will be shifts in how these concepts are applied with each other. In the Continue Reading...
In light of the three different appellate courts decisions, the U.S. Supreme Court elected to hear the case against President Obama's healthcare legislation. While the most recent decision found in favor of the constitutionality of the law, "the Sup Continue Reading...
