Clause The Taking Clause, located in the Fifth Amendment of the United States Constitution is a powerful and interesting section of the written law. In the formation of this country, the founders and architects of the nation arrived at certain ques Continue Reading...
455 U.S. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of t Continue Reading...
disparities original "medicine chest" clause Aboriginal Treaties Canada, failure Canadian government meet health care Aboriginal people today Policy Change for Improvement The aboriginals of Canada comprise of the indigenous people who are within Continue Reading...
Equal Protection Clause of 14th Amendment The equal protection clause of the Fourteenth Amendment extended to protections of the Bill of Rights to all Americans, including pregnant women. Therefore, it is fundamentally unconstitutional under the equ Continue Reading...
Due Process Clause Fourteenth Amendment is Important to Me Adopted in 1868 to the U.S. Constitution during the Reconstruction era the Fourteenth amendment is known as one of the three Reconstruction Amendments. Of these three, the Fourteenth is the Continue Reading...
Employee Concerns I am taking a course in employer and labor relations and feel I may be able to help you out in the stated situation. Employment laws do not specifically state anything against employee dissention or workplace politics. Employers ha 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...
If the double jeopardy clause was used to bar parallel federal prosecutions, the defendant in this case would be free regardless of the overwhelming evidence of his participation in the crime. This would mean that the criminal justice system in the Continue Reading...
1. What specific regulations/rules does the U.S. Constitution make about enslavement in America (article I: sect. 2 #1; article I, sect. 9, #1; article IV, sect. 2, #3)? Article I, Section 2 includes the “three-fifths” clause, which Continue Reading...
Spending ClauseFrom the onset, it would be prudent to note that Congress has been granted the power, under the Spending Clause (Article I, Section 8, Clause 1), to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for Continue Reading...
The purpose of the take-or-pay clause is to allocate the respective risks of the production and sales of natural gas between buyers and sellers. According to Gaille, "The seller bears the risk of production. To compensate seller for that risk, buye Continue Reading...
Free exercise clause 1. Why does this clause raise equal protection issues instead of substantive due process concerns? Equal protection requires that no person may be denied equal protection or be discriminated by any governmental body through its l Continue Reading...
Race to the Bottom Social clause refers to standards which contractors observe in order to cater for public contracts. They usually must be respected to avoid downward pressure on income and working standards. This is usually viewed to bring divisio Continue Reading...
Assistive Technology The "least restrictive environment" clause of the IDEA requires the student be placed in a standard learning environment whenever it is practical (Beard, Carpenter, & Johnston, 2011). Technology allows students who have vis Continue Reading...
I noted also how hard work pays off: which is the central idea or thesis of the narrative essay. Because a narrative essay is by definition less formal than an expository one, the baseball scholarship piece is not as structured or divided into sub-s 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...
Slaughterhouse Cases, Takings Clause PART I Slaughterhouse Cases 198 U.S. 45 Lochner v New York 1904 (Oyez, 2013) UNITED STATES SUPREME COURT Joseph Lochner The People of the State of New York TABLE OF AUTHORITIES FACTS -- Lochner was convicte Continue Reading...
Acquainted With the Law Various Law Terms-3 Insider Trading This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. T Continue Reading...
Stress: Regulation of Wetlands in the United States Regulation of Wetlands in the United States Defining Wetlands and their Value A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or ma Continue Reading...
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, thi Continue Reading...
Although the program is still relatively small it has developed into a well respected method of preserving important American landmarks. The program works at the federal, state and local level to guarantee the protection and preservation of these de 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...
Most of the owners agreed to sell their property to the city and Kelo was the last holdout. The city then exercised its power of eminent domain and condemned Kelo's property for use in its economic redevelopment plan. Kelo then brought suit in state Continue Reading...
" The public outcry against the Kelo decision confirms that citizens simply do not trust the government when it comes to their personal property. Definitions and Meanings Justice Sandra Day O'Connor strongly opposed the majority decision (Urbigkit, Continue Reading...
Kelo v. New London and Eminent Domain When the United States Supreme Court heard oral arguments in the case of Kelo v. City of New London, Connecticut in February of 2005, the issue legally speaking was a seemingly straightforward matter of Fifth Am Continue Reading...
(4) Bell and Parchomovsky 871) This having been said the demand should rest on the public entity to not only prove the public purpose of the eminent domain ruling but also to fairly compensate the owner(s) with regard not only to market value but Continue Reading...
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individu Continue Reading...
Bill of Rights The United States Constitution was originally adopted at the Constitutional Convention in 1787, after the perceived failure of the colonies' first attempt at a foundational document for federal government, the Articles of Confederatio Continue Reading...
National Do-Not-Call Registry and the CAN SPAM Act are both attempts to protect individuals from corporate marketing strategies. The National Do-Not-Call-Registry attempts to limit the ability of corporations to place unsolicited commercial calls to Continue Reading...
Urban Planning and Historic Preservation of Landmarks In recent years, the preservation of history has continued to develop and some say has matured. Historical preservation now assumes a real part in how property development takes place in communit Continue Reading...
Judicial Review for Private Property The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial Review, and Private Property: A Co Continue Reading...
This dilemma brings the Kelo case to the forefront of public policy debate. The Kelo case involved "New London, a city in Connecticut, using its eminent domain authority to seize private property to sell to private developers. The city said develop Continue Reading...
On the other side of the coin from the loggers and people who own the land with the timber on it are the environmental activists, who feel it is their duty to protect the planet. Many environmental activists find that they struggle to be heard over Continue Reading...
..In determining the meaning of any Act of Congress, or any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as h Continue Reading...
Affordable Care Act Legal Studies 101 Commerce Clause and the Affordable Care Act The Affordable Care Act (ACA) of 2010 was signed into law on March 23, 2010 and a number of provisions have already gone into effect and still others are scheduled t Continue Reading...
Jehovah's Witnesses are a good example of a religious entity that claims the right the First Amendment freedom of religion clauses. Jehovah's Witnesses may act as a thorn in many families across America, however, they have been the root cause of mu Continue Reading...
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were cre Continue Reading...
Same-Sex Marriage Constitution Same-Sex Marriage and the Constitution In May of 2009 two same-sex couples filed suit to stop the implementation of California's Prop 8, which defined marriage as between one man and a woman and effectively made marri Continue Reading...
speech of a public institution's faculty member to be protected under the Pickering/Connickline of cases, what criteria must be satisfied? Do these criteria suitably balance the interests of faculty members and the institution in the higher educatio Continue Reading...
D. joined the Majority. Justices Blackmun, H.A. And Powell, L.F. wrote a special and regular concurrence respectively. In addition to voting with the majority, O'Connor S.D. joined Powel's concurrence. Writing Dissenting Opinion(s): Stevens, J.P. fi Continue Reading...
