...Sandra Carlson Business Law 3321 421 U.S. 809 Bigelow v. Virginia Facts: Jeffrey C. Bigelow was the managing editor for The Virginia Weekly, a newspaper which was published in Charlottesville, Virginia. He was charged with violating Virginia law on May 13, 1971, after printing an advertisement for a New York City agency that helped women arrange for, finance and obtain abortions. The ad print was as follows: UNWANTED PREGNANCY LET US HELP YOU Abortions are now legal in New York. There are no residency requirements. FOR IMMEDIATE PLACEMENT IN ACCREDITED HOSPITALS AND CLINICS AT LOW COST Contact WOMEN's PAVILION 515 Madison Avenue New York, N.Y. 10022 or call any time (212) 371-6670 or (212) 371-6650 AVAILABLE 7 DAYS A WEEK STRICTLY CONFIDENTIAL. We will make all arrangements for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by...
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...analyzing prose and visual texts along with three of the five cannons of rhetoric: invention, arrangement and style. ▪ Students learn the format of the AP test, essay rubric and essay structure. ▪ Students take a full-length AP test for comparison purposes in the spring. Reading: The Scarlet Letter – Nathaniel Hawthorne Writing: Answer the following question in one paragraph. Use quotes from the novel as evidence. Some readers believe that the elaborate decoration that Hester embroiders on the scarlet letter indicates her rejection of the community’s view of her act. Do you agree or disagree? Explain your position using evidence from the text. (test grade) Writing: Write a well-developed essay addressing the following prompt. Document all sources using MLA citation. Compare Hester to a modern day person who has been shunned. Provide at least two research sources for the other person. (project grade) Reading: “Sinners in the Hands of an Angry God” Jonathan Edwards Analyzing: SOAPSTONE and cannons of rhetoric Reading: Teacher Introduction Essay Writing: Students and teacher evaluate where each student’s writing is and where it needs to be by analyzing students’ introductory...
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...COLLEGE ESSAY PROMPTS -- TOPIC OF CHOICE 1.What work of art, music, science, mathematics, or literature has influenced your thinking, and in what way? (University of Virginia applicants to the College of Arts and Sciences) 2.Discuss how a particular work of music, literature, or art has inspired your life. (William and Mary) 3.Tell us how a particular book, play, film, piece of music, dance performance, scientific theory or experiment or work of art has influenced you. If you choose a novel, film or play, assume we know the plot. (University of Notre Dame) 4.Consider the books you have read in the last year or two either for school or for leisure. Please discuss the way in which one of them changed your understanding of the world, other people, or yourself. (Duke University) 5.Tell us about a situation where you have not been successful and what you have learned from the experience. (William and Mary) 6.First experiences can be defining. Cite a first experience that you have had and explain its impact. UPA 7.Recall an occasion when you took a risk that you now know was the right thing to do. (University of Penn) 8.Tell us what you think about a current scientific or social controversy. (William and Mary) 9.Most people belong to many different communities groups defined by (among other things) shared geography, religion, ethnicity, income, cuisine, interest, race, ideology, or intellectual heritage. Choose one of the communities to which you belong, and describe that...
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...| Is marijuana illegal? | What are the penalties for possession of cocaine? | What are the penalties for possession of heroin? | What are the penalties for possession of prescription drugs? | What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? | Is there extreme DWI or DUI? If so, what is the punishment? | Federal | | | | | | | <State 1> | | | | | | | <State 2> | | | | | | | <State 3> | | | | | | | 1. Where do you see the largest variance between federal and state anti-drug legislation? 2. What is the purpose of anti-drug legislation in relation to public order crime? Federal Despite medical cannabis laws in 40 states, cannabis is still illegal under federal law. Federal marijuana law. (2016). Retrieved from http://www.safeaccessnow.org/federal_marijuana_law Under federal law, a person with no prior federal or state convictions of possession of any narcotic who is convicted of a first offense of cocaine possession may be sentenced to not more than one year in prison, fined not less than $1,000, or both. A person convicted of cocaine possession after a prior conviction of possession of cocaine or any other narcotic in either federal or state court may be sentenced to not less than 15 days and not more than two years in prison, fined not less than $2,500, or both. Two or more prior convictions of possession of any narcotic in federal or state court may lead to...
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...In his book, Whiskey Rebels, Leland Baldwin claims, “For years the West had urged a land tax as the most equitable method of taxation.” Westerners believed that this would place the greater burden on the East, since their land was more valuable due to it development and proximity to markets, and would prompt western land speculators to sell land at reasonable rates, thereby hastening the development of the West. Instead the excise tax was established, affecting the lives of western frontier farmers that might have considered themselves beyond the administrative reach of the infant federal...
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...Question #1: Please read Problem 11 about credit cards and the kinds of debt being incurred by consumers these days, and answer the following questions: Are banks acting in a responsible fashion with their solicitations of consumers for credit cards and increases in credit card lines? I believe that the banks are not acting in a responsible fashion with their solicitation of consumers for credit cards and credit card lines. As mentioned in the article, the banks are advertising “promotions of credit card and debt to increase limits” in an attempt to gather additional consumers. I think by advertising these credit cards to college and high school students, and then providing them with higher credit limits and promotions, the banks are aiming to increase the number of irresponsible spenders in today’s society to make money. What responsibility do consumers have with regard to credit card debt? Consumers are held completely liable for credit card debt they have incurred. The consumer had the choice to use or not use the card and should be held responsible for the actual use. What disclosure rules apply in banks’ solicitations of credit card customers? In banks’ solicitation of credit card customers, the disclosures required sent out to the customer must have the following information: (i) what interest charge and APR for the charges on the credit card, (ii) when the bills will be sent, (iii) what to do about questions on the bills, and (iv) when payments...
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...The Importance of the Use of Plea Bargains John Miranda March 2, 2015 CJA/224 Dr. Linda Robinson There are very many different tools in which a prosecutor has on their belts. One of the most commonly used is called a plea bargain. It is a very useful tool yet it is sometimes scrutinized by its use. This is typically due to the fact that it usually involves the defendant getting a lesser punishment. So the question always arises if it is just for individuals who have committed a crime to receive this type of leniency. A plea bargain refers to an arrangement that is made between the prosecution and the defense to plead guilty to a lesser crime which would result in a lesser punishment. This would result in the defendant not having to deal with the costly expenses it would take to go to trial against the state, or federal government, depending on the type of crime committed. It also alleviates case workload, and saves time from the judicial system from having to take to trial every single case that is filed. Plea bargains are typically a private matter in which only the prosecution and defendant have discussions about the matter but recently due to public demand the victims have begun to have an input on the plea bargaining procedure which is typically only made public when it is announced in court. However, a judge does not have to accept any terms in which might have been agreed upon by both parties and may have all charges go to trial. There are generally only three...
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...of the war can also be attributed largely to him. He defined the conflict as between the USA and traitorous individuals in which the states had no standing, because to do otherwise would admit that the Union was not perpetual and that secession was constitutional. There could be no peace negotiations, no compromise, only unconditional surrender to a lawful police action. Lincoln's position predicated the grinding, exhausting struggle it was to become and from the outset, even when most believed in a prompt outcome, he implemented the ‘Anaconda Plan’ devised by army commander Scott for the slow suffocation of secession by sea and river. He was an ‘accidental’ president, virtually unknown nationally before 1860 and elected with only 40 per cent of the popular vote because the Democrat Party split. Far from being the unquestioned leader of his own party, he was a compromise candidate, expected to be dominated by powerful cabinet members and congressional leaders. His lack of a personal political base forced many undesirable compromises on him, perhaps the most damaging being the appointment of the corrupt...
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...Slavery was the key issue for the southern states but in Lincoln’s opinion the more pressing issue was the preservation of the Union. If not the issue of slavery, than some other issue at some other time would be reason enough for the states to try and secede. Lincoln’s fervent hope was that he could avoid a war by keeping the state of Virginia in the Union. “Lincoln declared to the U.S. Congress, “The course taken in Virginia was the most remarkable-perhaps the most important.” This simple statement expresses Virginia’s exceptional place in the history of the secession movement and the eventual coming of civil war in America. Virginia was important for two major reasons: first, the especially prominent and distinguished role it played in early American history and, second, its strategic location. For these reasons Virginians were truly torn over the decision of whether or not to secede. Because Virginia was not only sandwiched geographically but also economically, socially, and culturally between the North and the South, her decision to leave the Union was a tumultuous, long-fought battle.”(Gillian Cote, pg. 1) One of the ways Lincoln hoped to keep Virginia in the Union was by offering command of his army to Robert E. Lee. Lincoln believed Robert E. Lee to be the best soldier in America, a committed, dedicated man with strong belief in the importance of the Union. Lincoln’s rationale was that if he chose Lee as his commander in chief of the Union army, this choice would send a message...
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...Prosecutors: Establishing venue: Virginia Beach, VA Saturday September 29, 2012 at 1a.m. UNDER EXIGENT CIRCUMSTANCES Emergency conditions. 'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.) * This Is solely used in a case where there Is a suspect either getting out of a car or running out of a car per say, trying to evade authorities. * In this particular case officers respond to a drug activity call on the corner of navy and Main Street. The suspect, a black male, wearing blue jeans and a white t-shirt was seen leaving a dark shady area with something in hand. Responding to the call, Officers A and B drive to the scene at the corner of navy and Main Street in a Marked Police Unit. The suspect sees this and almost immediately drops a small brown paper bag while trying to flee the scene. Officers acted upon impulse and started running for the suspect. Officer B observes him drop the bag and persues the suspect on foot alongside Officer A. The officers quickly acted and hunted down the suspect in his attempt to flee the scene. Officers speedily apprehended the suspect. The Supreme Court held that excessive force claims brought...
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...Whistleblowing and Sarbanes-Oxley Tina-Marie Cole Law, Ethics, and Corporate Governance LEG 500 - Lecture Course Prof. Lisa M. Morris January 20, 2015 Whistleblowing and Sarbanes-Oxley Trinity Industries, or TRN (NYSE), manufactures roadway guardrails, which are a highway public safety feature. In 2005, TRN changed its rail head design saving the company two dollars per rail head but failed to notify the Federal Highway Administration which is required by a federal ruling. The newly designed rail heads that TRN has installed on U.S. roads nationally do not propel the guardrails away from crashing vehicles in head on collisions. The lower cost railheads can send the guard rail slicing through a car potentially injuring passengers unlike there predecessors design that pushed the rail away from the wreck and oncoming traffic. The new railheads known as the ET-Plus model failed five crash tests which were also undisclosed to authorities. Joshua Harman, a competitor to TRN discovered the changed design had gone unreported and sued TRN on behalf of the federal government (Davis & Polcyn, 2014). Joshua Harman stands to make one third of a potentially billion dollars in his law suit (Ivory & Kessler, 2014). As a whistleblower, Joshua Harman is saving potential lives and injuries, fighting back at corporate greed and earning a fortune in the process. A whistleblower exposes all forms of alleged misconduct on behalf of an organization which can...
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...In response to the request on potential liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager. In one incident Mr. King and the other warehouse workers put a sign on a truck that read "HARDHAT REQUIRED/BRA OPTIONAL." King and another employee called Pollard over to look at the sign and encouraged her to do as it said. This clearly indicates that Mr. King had knowledge of the harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles...
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...THE 10 MYTHS ABOUT SCHOOL SHOOTINGS Instructions: The following exercise is about the 10 myths about school shootings. You need internet access to do the exercise. Read the information about school shootings given in the attached links. You are NOT expected to read everything in every link – just skim the information and use what is relevant. I repeat – do NOT attempt to read everything in every link. Some of the information given in some of the links is NOT correct. Therefore you should check the information against other sources to see if it is reliable or rubbish. Also be aware that some of the information you find in a link will be relevant to another one of the myths – not just the one where I have placed the link. As you check each of the points, fill out the tables giving FOR and AGAINST arguments for each of the myths. Please list any links that you have used as part of your answer. Your answers should be given in point form (stikord). When you are finished the exercise you must upload it to Ludus. It would also be a good idea to print out your exercise as we will be discussing what you have found out in class. The 10 myths about school shootings – read more here: http://www.msnbc.msn.com/id/15111438/ns/us_news-crime_and_courts/t/myths-about-school-shootings/ 1. He didn't fit the profile. http://www.janlhenriksen.dk/School%20violence/brenda_ann_spencer.htm There is no profile. The attackers were of all races and family situations...
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...MOOCs as the Remedy for Higher Education Abstract Massive Open Online Courses (MOOCs) have recently developed into a popular topic of discussion in higher education forum. Undeniably there are a lot of problems existing in current mode of traditional higher education such as affordability, quality and flexibility. This paper will argue that MOOCs serve as a remedy to address the problems of higher education. 1) MOOCs are made to be affordable to every student who would like to learn, resolving the affordability of higher education; 2) MOOCs initiated interactive classes through various technological applications, to enhance the quality of class learning; 3) MOOCs allow for flexibility to cater to people with different needs or difficulties. Overall, despite some of the limitations, MOOCs could still serve as a remedy to resolve some problems with current higher education but they are certainly not a replacement of traditional higher education. The technology boom has led to a new trend in higher education – MOOC mania. A Massive Open Online Course, by definition of Tamar Lewin in his “Universities Abroad Join Partnerships on the Web”, is an online course for large-scale interactive participation and open access via the web. Besides traditional course materials, MOOCs offer interactive forums that build a learning community that involves both teachers and students (Lewin). MOOCs are widely recognized by its interactive and convenient online learning platforms, and its...
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...A TEACHER’S GUIDE TO THE SIGNET CLASSIC EDITION OF BOOKER T. WASHINGTON’S UP FROM SLAVERY By VIRGINIA L. SHEPHARD, Ph.D., Florida State University S E R I E S E D I T O R S : W. GEIGER ELLIS, ED.D., ARTHEA J. S. REED, PH.D., UNIVERSITY OF GEORGIA, EMERITUS and UNIVERSITY OF NORTH CAROLINA, RETIRED A Teacher’s Guide to the Signet Classic Edition of Booker T. Washington’s Up from Slavery 2 INTRODUCTION Booker T. Washington’s commanding presence and oratory deeply moved his contemporaries. His writings continue to influence readers today. Although Washington claimed his autobiography was “a simple, straightforward story, with no attempt at embellishment,” readers for nearly a century have found it richly rewarding. Today, Up From Slavery appeals to a wide audience from early adolescence through adulthood. More important, however, is the inspiration his story of hard work and positive goals gives to all readers. His life is an example providing hope to all. The complexity and contradictions of his life make his autobiography intellectually intriguing for advanced readers. To some he was known as the Sage of Tuskegee or the Black Moses. One of his prominent biographers, Louis R. Harlan, called him the “Wizard of the Tuskegee Machine.” Others acknowledged him to be a complicated person and public figure. Students of American social and political history have come to see that Washington lived a double life. Publicly he appeased the white establishment...
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