Sergeant Payne has been criminally charged under this code for yelling and cursing at his First Sergeant, and the applicability of the divestiture defense in connection to this case is sought. Issues Article 91 of the UCMJ expressly provides that Continue Reading...
The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of Continue Reading...
Trading on the stock market is supposed to be fair and the risks involved applied equally to everyone involved. However, when a person is in possession of material, nonpublic information that allows them to profit by trading in stocks, this is consi Continue Reading...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...
Wainwright v Gideon In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in pris Continue Reading...
Microsoft Anti-Trust Case Microsoft was charged with using its position as an industry leader in computer software to force buyers to buy products that were bundled with Internet Explorer. The claim was considered a breach of anti-trust laws which d Continue Reading...
The fact that two courts can produce two different outcomes for an accused individual shows that there are definite inconsistencies within the opinions of the court system. Where one city or state creates one law, another city or state will create a Continue Reading...
The safe harbors do not cover every area of permissible behavior, and an arrangement may not qualify as a safe harbor, but still not subject someone to the risk of prosecution. In fact, the courts have interpreted the Federal Anti-Kickback Law rela Continue Reading...
Tucker, deputy sheriff of said county, from giving and securing to the said Robert R. Smith and others, naming them, the due and equal protection of the laws of said state, in this, to-wit, that at and before the entering into said conspiracy, the s Continue Reading...
Open Fields Doctrine and Its Relevance to the U.S. Constitution What is the open fields doctrine? According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field w Continue Reading...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m Continue Reading...
Miranda Issues in Law Enforcement In 1966, the U.S. Supreme Court decided the landmark case of Ernesto Miranda, who had been arrested by Arizona police on suspicion of rape. The suspect confessed to the crime after two hours of questioning by polic Continue Reading...
Executive Privilege After Vietnam and Watergate, the issue of executive privilege had not registered much of a blip on the radar. However, the recent Enron scandal has allowed Congress to question the validity of the executive privilege argument. In Continue Reading...
Role of Technology in Corporate and Social Responsibility Insider trading. The insider trading case that has become most prominent is that against Raj Rajaratnam who ran the hedgefund Galleon Group, and was charged along with his co-defendant, Danie Continue Reading...
5.0 Conclusion As this paper has argued, the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms. Those groups opposed to the private ownership of firearms shou Continue Reading...
The statute applies even where there is no actual government reimbursement. The opportunity to invest in a "private-pay only" joint venture may, in some circumstances, constitute an inducement to physicians to refer patients to the joint venture p Continue Reading...
Microsoft) Question There are great differences among Americans in terms of income and the reports by the U.S. Census Bureau indicate according to a December 1997 data that in the last twenty years "incomes of the richest fifth increased by 30% or 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...
On July 3, 1969, the Fifth Circuit Court of Appeals entered an order requiring the submission of new plans to be put into effect this fall to accelerate desegregation in 33 Mississippi school districts. On August 28, upon the motion of the Departmen Continue Reading...
The critical part of this decision is its date - 2002. McConnell v. Federal Election Commission decided the manor in which the 2005 election would be campaigned, and while the political world blistered in post-9/11 heat, the Bush v. Kerry campaign Continue Reading...
Abortion and the Right to Privacy It is a summary of the most important elements of your paper. All numbers in the abstract, except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragra 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...
In a unanimous opinion, delivered by Justice Ruth Bader Ginsburg, the Court held that an owner-occupied residence not used for any commercial purpose does not qualify as property "used in" commerce or commerce-affecting activity, such that arson of Continue Reading...
Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three c 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...
Stand your ground: Constitutionality 'Stand your ground' is not a new doctrine, according to the laws of the land. Its strongest support can be found in the case of Beard v. United States (1895). In the case of Beard, the court found that a "man as Continue Reading...
Combating Domestic Abuse in the United States Domestic Abuse In the United States, intimate partner violence afflicted nearly 4 out of 1,000 persons aged 12 or older in 2010, down from 1 in 100 in 1994 (Catalano, 2012). This translates into 0.9 mil Continue Reading...
g., juries that reflect the ethnic makeup of communities, another form of affirmative action). In the Crown Heights riots (1991) in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws (he allegedly killed a Jewi Continue Reading...
Politics of Administrative Law An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York As the 19th century Continue Reading...
Cousin Vinny and American Criminal Justice The 1992 film My Cousin Vinny starring Joe Pesci and Marisa Tomei is a typical Hollywood foray into the realm of jurisprudence. So comical and seemingly realistic is the film (it takes place in the South - Continue Reading...
An interesting and similar development in juvenile justice is the issue of life imprisonment as a cruel and unusual sentence for juvenile offenders. This issue is addressed by Mark Sherman (2009). Sherman states that Joe Sullivan was 13 years old w Continue Reading...
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics th Continue Reading...
Part 3) What does the Court conclude in the case and why? The Court concluded that the FDA did not, under the current set of legal standards, have the power to enact and enforce the regulations and could not "regulate" tobacco. The Court had the le 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...
Toxcio's experts, on the other hand, believe that evidence is incomplete and that further, costly studies need to be implemented to show the connection. It seems to me that (a) if the biophysicist is indeed as credentialed and qualified as said and Continue Reading...
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization allud Continue Reading...
The case had nothing to do with taxes but rather with changes in a state probate law, but the outcome was still the decision that ex post facto laws affecting solely civil matters meet constitutional muster under Article I section 10. Subsequent ru 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...
Capital punishment: Is it a deterrent to Cop Killings? Capital punishment is the imposition of death penalty on persons condemned of a crime. (Americana, 596) Killing condemned criminals has been one of the most extensively practiced types of crimin Continue Reading...
Administrative Law REGULATING STEM CELL THERAPY Administrative Agency: Food and Drug Administration Article 1 Section 1 of the federal Constitution creates administrative agencies, which are law-making entities but with limited powers (USLegal, 20 Continue Reading...
