...daily exercise. Because the Pledge contains the words "under God," he views the School District's policy as a religious indoctrination of his child that violates the First Amendment. A divided panel of the Court of Appeals for the Ninth Circuit agreed with Newdow. In light of the obvious importance of that decision, we granted certiorari to review the First Amendment issue and, preliminarily, the question whether Newdow has standing to invoke the jurisdiction of the federal courts. We conclude that Newdow lacks standing and therefore reverse the Court of Appeals' decision (Findlaw, n.d.). Summary of Court Case Petitioner school district requires each elementary school class to recite daily the Pledge of Allegiance. Respondent Newdow's daughter participates in this exercise. Newdow, an atheist, filed suit alleging that, because the Pledge contains the words "under God," it constitutes religious indoctrination of his child in violation of the Establishment and Free Exercise Clauses. He also alleged that he had standing to sue on his own behalf and on behalf of his daughter as "next friend." The Magistrate Judge concluded that the Pledge is constitutional, and the District Court agreed and dismissed the complaint. The Ninth Circuit reversed, holding that Newdow has standing as a parent to challenge a practice that interferes with his right to direct his daughter's religious education, and that the school district's policy violates the Establishment...
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...Journal AMERICAN BANKRUPTCY INSTITUTE The Essential Resource for Today’s Busy Insolvency Professional The Mechanics of a § 363 Sale Contributing Editor: Douglas E. Deutsch Chadbourne & Parke LLP; New York ddeutsch@chadbourne.com Also Written by: Michael G. Distefano Chadbourne & Parke LLP; New York mdistefano@chadbourne.com About the Authors Doug Deutsch, an ABI Director and co-chair of ABI’s Secured Credit Committee, is a partner and Michael Distefano is an associate in Chadbourne & Parke LLP’s New York office in its Bankruptcy and Restructuring Group. sales with the purpose of selling substantially all of their assets. In this regard, many debtors are essentially “opting out” of the chapter 11 plan process in favor of what they perceive to be a quicker, more efficient process. The § 363 route may be appealing for many reasons. Perhaps an asset is rapidly decreasing in value (the so-called “wasting asset”) or an estate cannot afford the administrative expenses of a prolonged restructuring. The changes to the Code made by I n recent years, debtors have increasingly opted to sell most of their assets pursuant to standalone § 363 sales rather than to reorganize and restructure through the chapter 11 process. This article provides a new or less experienced attorney with an overview of the § 363 process, including its benefits, drawbacks and pitfalls. To highlight different aspects of the sale process, the authors draw on a number of recent and notable bankruptcy cases...
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...America. The land of the free home of the brave. These are the words that are cited when we sing the Star Spangled Banner. This is our song dedicated to our country. The Pledge of Allegiance was cited every morning before school started when I attended. It was our way of giving thanks to those that have fought and died for our freedom. Unfortunately, somewhere down the line, citing the Pledge of Allegiance became a political and religious issue. In this paper, I will summarize the points of the Supreme Court case Elk Grove Unified School District v. Newdow. I will also discuss the levels of the court through which the case evolved before it reached the Supreme Court. Next, I will briefly explain the decision of the Supreme Court and explain the fundamental impact that the court decision in question has had on American society in general and on ethics in American society in particular. Then, I will discuss whether I believe that the recitation of the Pledge of Allegiance is a religious issue or a sign of respect for the United States. Finally, I will discuss whether or not I think public schools should be allowed to recite the pledge. In schools, children need to understand the importance of freedom and what it means to be patriotic in America. In doing so, every morning teachers lead their students in reciting the Pledge of Allegiance. The words “under God” somewhere down the line became a debate that had to be looked at. In the case of Elk Grove...
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...stadium that will return the team to profitability. The lease agreement with their current stadium location expired in 2013 and is being extended on an annual basis. They hold options on property in an adjacent county, but have been unable to move forward with stadium construction and plans to move because the property is located in what is considered by MLB to be the territory controlled by another MLB franchise. The competing franchise has refused to agree to the move and is supported in its position by the MLB Constitution. Under both federal and state antitrust legislation, this resistance would normally be viewed as anticompetitive and therefore a violation of the law subject to remedial action. However, since a 1922 US Supreme Court ruling that found baseball to be an “amusement” and not “commerce” and therefore not subject to federal regulation, MLB has been exempted from the...
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...Business Law Case Paper by quetien88 | studymode.com Citation: Olympic Airways v. Rubina Husain Supreme Court of the United States, 2004 470 U. S., at 406 470 U. S., at 404 Summarize: In December 1997, Dr. Abid Hanson and his wife, Rubina Husain (hereinafter respondent), traveled with their children and another family from San Francisco to Athens and Cairo for a family vacation. During a stopover in New York, Dr. Hanson learned for the first time that petitioner allowed its passengers to smoke on international flights. Because Dr. Hanson had suffered from asthma and was sensitive to secondhand smoke, respondent requested and obtained seats away from the smoking section. After boarding, they discovered that their seats were only three rows in front of the smoking section. A flight attendant refused respondent's three requests to move Dr. Hanson. As the smoking noticeably increased, Dr. Hanson walked toward the front of the plane to get fresher air. He then received medical assistance but died. Respondents filed a wrongful-death suit in state court, which was removed to federal court. The District Court found petitioner liable for Dr. Hanson's death, and the Ninth Circuit affirmed, concluding that, under Saks' definition of "accident," the flight attendant's refusal to reseat Dr. Hanson was clearly external to him, and unexpected and unusual in light of industry standards, Olympic policy, and the simple nature of the requested accommodation. Issue: Whether...
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...While the Supreme Court has never ruled on the application of Tinker to speech originating off the school campus, in the fifth circuit’s recent use of the test in off-campus speech it noted six circuits, including theirs, held it can apply. Bell v. Itawamba Cnty. Sch. Bd., 799 F.3d 379 (5th Cir. 2015). Bell created a rap and placed it online using threatening language to describe inappropriate conduct on the part of two coaches. Id. The fifth circuit’s test for a school’s ability to restrict off-campus speech is the speaker’s intent to reach the school community. Id at 395. Bell stated he intended the rap to reach the school because he felt that if he merely reported the alleged misconduct of the coaches to the administration it would not be addressed. Id at 385. The court, in holding the rap song could be restricted categorized the speech by looking at the entirety of the expression to determine if it falls under the test of Tinker or one of its exemptions. Id at 391. The court also noted the school board had not disciplined Bell based on the lewdness or offensiveness of the...
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...ACCOUNTING 6314 Research Project Dr. DYE Emily M. Evans 8/3/2012 This Research Project observes a case that goes from Tax Court to the Tenth Circuit of Appeals and the results of the case. It takes a look at the different sides and the support they brought. The Tenth Circuit Appeals Court hears both tax and non tax appeals. Once it makes a decision, that decision in most cases represents the final authority since the US Supreme Court hears so few cases annually. The following case discussed is very interesting because the Tenth Circuit of Appeals Court’s opinion was based on cases with the same issue, but very different circumstances and taxpayers. Background A husband and wife, Milo and Sharyln Shellito operated a farm in Kansas for over twenty years. They both worked full time on the farm for that time. The land was mainly owned by third parties, but they leased the land to Milo. Milo and Sharyln decided to purchase a business plan in 2001. It was called AgriPlan/BizPlan. In it was included a preprinted medical reimbursement plan. Milo and Sharyln relied on their accountant on the implementation of the plan. Their accountant recommended that Sharyln become an employee of the husband and be given a monthly salary of one hundred and reimbursements for both medical expenses and health insurance premiums. A log was kept of her hours to show she worked full time, but her duties and daily activities were not recorded. Milo...
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...Would you support requiring all those for whom it is not dangerous to take it? Why or why not? In opinion, I will support it. Researchers have proved that patients who take aspirin gave a good result. 2. The author clearly approves of Mayor Bloomberg’s restrictions on sodas and trans fats. However, others feel that Bloomberg has gone too far in restricting these item. Where do you stand on this issue? I think his restrictions in the health code when a too far. I think every person is responsible of their own health. As an adult person we are responsible of what we consumed and having restrictions of what we really like, I think will make it worse. 3. Referring to our right to smoke and to not wear a seat belt, the author quotes Supreme Court justice Potter Stewart: “There is a big difference between what we have the right to do and what is right to do”, but that aren’t “right to do”? make a list and then compare your list with your classmates’ lists. What conclusions can you draw from these lists? Smoking in not just design areas , or another right to do is advocate for your rights at school with students with disabilities. 4. I definitely agree with the author about our responsibilities in our health. We know that some foods are nothing healthy for us but we still eating, even thought we know that we may have some health issues later on. My opinion is if someone has health issues, the best medicine will be the way we...
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...Litigation As plaintiff Since the mid1990s, Monsanto indicates that it has sued 145 individual U.S. farmers for patent infringement and/or breach of contract in connection with its genetically engineered seed.[130] The Center for Food Safety has listed 112 lawsuits by Monsanto against farmers for claims of seed patent violations.[131] The usual claim involves violation of a technology agreement that prohibits farmers from saving seed from one season's crop to plant the next, a common farming practice.[132] One farmer received an eight-month prison sentence for conspiracy to commit fraud during litigation with Monsanto[133] in addition to having to pay damages.[134] Monsanto sued the Pilot Grove Cooperative Elevator in Pilot Grove, Missouri, on the grounds that by cleaning harvested seeds covered by Monsanto's patents so that farmers could replant them, the elevator was inducing them to infringe Monsanto's patents. The Pilot Grove Cooperative Elevator had been cleaning conventional seeds for decades before the development of genetic engineering and developments in patent law led to the existence of issued patents that cover seeds.[135] In one case in 2002, Monsanto mistakenly sued Gary Rinehart of Eagleville, Missouri for patent violation. Rinehart was not a farmer or seed dealer, but sharecropped land with his brother and nephew, who were violating the patent. Monsanto dropped the lawsuit against him when it discovered the mistake.[135] In 1997 Percy Schmeiser discovered...
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...BU 301 Walmart Stores, Inc v. Dukes On March 29, 2011, a case was brought to the United States Supreme Court. The case was Walmart Stores, Inc. v. Betty Dukes. This case was an appeal from the Ninth Circuit’s, which that court ultimately by narrow 5-4 decision, affirmed the district court’s decision to certify a class action lawsuit. The plaintiff class included 1.6 million women who currently work or previously worked for Walmart stores, which included Betty Dukes as the lead plaintiff. Dukes and the other employees claimed gender discrimination in pay and in promotion policies and practices in Walmart stores. Walmart is the nation’s largest private employer. The company operates more than 3,500 stores and more than one million employees at their stores. Pay and promotion decisions at Walmart are generally delegated to local mangers’ broad discretion alike any other company. In every Walmart there is a policy against discrimination in making employment decisions. Betty Dukes, a 54 year old woman at the time, was a current employee at Walmart in California. In 2000, she alleged sex discrimination. Betty Dukes had worked there for six years and had positive performance reviews. She was denied in training that she needed for advancement to a higher salaried position. Walmart and Dukes quarreled with a female Walmart supervisor and was restraint for returning late from lunch breaks in the past. Three individual plaintiffs, who were employees of Walmart joined together...
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...Society, Law, and Government – SOC 205 Dr. Clinton D. Gortney March 9, 2014 America. The land of the free home of the brave. These are the words that are cited when we sing the Star Spangled Banner. This is our song dedicated to our country. The Pledge of Allegiance was cited every morning before school started when I attended. It was our way of giving thanks to those that have fought and died for our freedom. Unfortunately, somewhere down the line, citing the Pledge of Allegiance became a political and religious issue. In this paper, I will summarize the points of the Supreme Court case Elk Grove Unified School District v. Newdow. I will also discuss the levels of the court through which the case evolved before it reached the Supreme Court. Next, I will briefly explain the decision of the Supreme Court and explain the fundamental impact that the court decision in question has had on American society in general and on ethics in American society in particular. Then, I will discuss whether I believe that the recitation of the Pledge of Allegiance is a religious issue or a sign of respect for the United States. Finally, I will discuss whether or not I think public schools should be allowed to recite the pledge. In schools, children need to understand the importance of freedom and what it means to be patriotic in America. In doing so, every morning teachers lead their students in reciting the Pledge of Allegiance. The words “under God” somewhere...
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...categories. 1) Summary offences: these offences are deemed least serious and are always tried in the Magistrates court. These offences include nearly all driving offences, common assault and criminal damage which has cause less than £5,000 worth of damage. 2) Triable either way offences (TEW) : TEW offences are regarded as middle range of crimes and includes a large variety of offences such as theft and assault causing actual bodily harm. As the name implies, these offences can be tried in either the Magistrates Court or Crown Court. 3) Indictable offences: These are the more serious crimes such as murder, manslaughter and rape. All indictable offences must be tried in the Crown Court, but the 1st hearing is always dealt in the Magistrates Court which is then transferred to the Crown Court. If applied to Sunita’s case, as it is a TEW offence it can be tried in either the Magistrates Court of Crown Court. When being tried for a TEW offence, the defendant must attend a plea before venue. Under this procedure, Sunita is 1st asked whether she pleads guilty or not. If Sunita pleads guilty then she has no right to ask for her case to be heard at the Crown Court, however Magistrates may decide to send Sunita to the Crown Court for sentencing if found guilty. Mode of trail: If Sunita pleads not guilty, the Magistrates must carry out a ‘mode of trail’ procedure to decide whether the case will be tried in the Magistrates Court or Crown Court. Magistrates first...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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... and finally, the matters of ‘tax court and TEFRA’ were looked at and provided a nice grouping of responses over ten years. Research Results Subject 1: Equal opportunity and disabled workers, returned one result in ten years. Lytes v. DC water & sewer auth. No. 08-7002 936 (UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 2005) A (Appellant) former employee sought judicial review of the United States District Court for the District of Columbia's entry of summary judgment in favor of appellee, his former employer, on his claim that the employer refused to accommodate his disability and then terminated his employment, in violation of the Americans with Disabilities Act of 1990 (ADA) and while the appeal was pending the ADA Amendments Act of 2008 became law. Only the district court's holding that the employee was not actually disabled was challenged and in applying the ADA prior to its amendment, the employee failed to discuss his functional capacity at the time of the alleged discrimination. In fact, the employee never discussed or provided any proof to his employer at any time of his disability; the court affirmed the lower court’s decision. Subject 2: deductibility of tuition, returned one result in ten years. MICHAEL SKLAR; MARLA SKLAR, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee, No. No. 06-72961, LexisNexis (UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 2008). (Petitioner) Taxpayers...
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...new evidence that can be introduced in a § 145 proceeding. A person who applies for and is denied a patent may appeal the decision to the PTO’s Patent Appeals and Interferences (Board) under § 134 of the Patent Act. If he also fails here he may obtain may appeal the decision directly to the United States Court of Appeals for the Federal Circuit under §141 or he may rely on § 145 and file a civil action against the Director of the PTO in the United States District Court for the District of Columbia. Unlike a § 141 hearing, the applicant may present new evidence to the district court that was not presented to the PTO in §141 proceeding. Prior to Kappos v. Hyatt the Court had not addressed the limit on the evidence the applicant could present, nor had it addressed the standard of review the district court should use in...
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