For example, "in 1999, a Los Angeles jury issued the biggest punitive damage verdict ever -- $4 billion -- against General Motors (GM). The plaintiffs had been trapped and burned when their automobile gas tanks exploded. In court it was revealed tha Continue Reading...
These might include, respectively, a drug 'stash,' a car that was the result of drug sales, or even a home used in the trafficking of illegal drugs. The problem with forfeiture in a criminal case is that not all of the parties using the property may Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.
Domicile
Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
This decision overturned the previous decision in Atkins v. Children's Hospital which held that a state maximum hour law was an unconstitutional infringement on the right of freedom of contract and hence a violation of the Due Process Clause. The ju Continue Reading...
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some Continue Reading...
Sentencing Philosophies/Theories/Practices
Punishment is based on four main theories, namely: retributive theory, deterrent theory, reformative and preventive theory. Retributive theory is the first and most important of all the theories. When a per Continue Reading...