Premium Essay

Doe V Us 201 Summary

Submitted By
Words 880
Pages 4
Name
Institution
Course
Unit
Lecturer
Date
Case name: Doe v. United States 487 U.S 201(1988)
Facts of the case: Petitioner John Doe was a target of the federal grand jury investigations into possible cases of suspected fraudulent manipulation of oil cargoes and, as a result, receipt of unreported income (Justia ). Pursuant to a subpoena that directed him to produce all records of transaction received in some backs in Bermuda and the Cayman islands, doe appeared before a grand jury. In his appearance, he produced some of the records that were required and testified that there existed no other records that he was aware of. When he was questioned about the existence and the location of any additional records, doe invoked the Fifth Amendment privileges that protect an individual against self-incrimination (Justia ).
Procedural history: following the refusal by the three named banks to submit to the request of the federal …show more content…
As a result, it is in line with the policies and history underlying the self-incrimination clause to hold that the privilege can be asserted only when resisting compelled disclosures of any form of incriminating information (Justia ). As a result, the court found that the petitioner’s execution of the directive lacked any testimonial significance since both the form and its execution did not relate any factual information to the government. The forms did not indicate any existence of a foreign account or that if such account did exist they were controlled by the petitioner. Given this phraseology, the petitioner’s directive lacked the testimonial significance. If the government was to be obtained after the petitioner signed the form, them such information would be a declaration of the bank rather than by the petitioner (Justia

Similar Documents

Premium Essay

Remediation Market

...This page intentionally left blank Office of Solid Waste And Emergency Response (5102G) EPA 542-R-04-015 September 2004 www.epa.gov/tio clu-in.org/marketstudy Cleaning Up the Nation’s Waste Sites: Markets and Technology Trends 2004 Edition This page intentionally left blank Notice Preparation of this report has been funded wholly or in part by the United States Environmental Protection Agency (EPA) under contract number 68-W-03-038. Mention of trade names or commercial products does not constitute endorsement or recommendations for use. This document is intended for information purposes and does not create new nor alter existing Agency policy or guidance. The document does not impose any requirements or obligations on EPA, states, other federal agencies, or the regulated community. A limited number of printed copies of Cleaning Up the Nation’s Waste Sites: Markets and Technology Trends, 2004 Edition is available free of charge by mail or by facsimile from: U.S. EPA/National Service Center for Environmental Publications (NSCEP) P.O. Box 42419 Cincinnati, OH 45242-2419 Telephone: 513-489-8190 or 800-490-9198 Fax: 513-489-8695 A portable document format (PDF) version of this report is available for viewing or downloading from the Hazardous Waste Cleanup Information (CLU-IN) web site at http://clu-in.org/marketstudy. Printed copies can also be ordered through that web address, subject to availability. For More Information For more information about remediation...

Words: 87601 - Pages: 351

Premium Essay

Asssessment

...ASSESSMENT OF THE 95TH ADJUTANT GENERAL RECEPTION BATTALION AT FORT SILL, OKLAHOMA By Michael Gonzalez and Daneen R. Jefferson A research project submitted in partial fulfillment of the requirements for the degree of M.M.A. Management and Leadership Webster University 2014 DISCLAIMER The views expressed in this academic research paper are those of the authors and do not reflect the official policy or position of the 95th Adjutant General Reception Battalion, the United States Government or the Department of Defense. i TABLE OF CONTENTS CHAPTER I- INTRODUCTION | | Introduction…………………………………………………………… | 1 | Statement of the Problem…………………………………………….. | 1 | Sub-Problems………………………………………………………… | 1 | Delimitations…………………………………………………………. | 2 | Definition of Terms……………………………………..………….… | 3 | Abbreviations…………………………………………………………. | 3 | Assumptions………………………………………………………….. | 5 | Importance of the Study………………………………………………. | 6 | Conclusion……………………………………………………………. | 6 | | | CHAPTER II-LITERATURE REVIEW | | Introduction…………………………………………………………… | 7 | History…………………………………………...…………………… | 7 | Mission……………………………………………..………………… | 8 | Agency row mission………………………………..………………… | 10 | Agency row throughput…………………………..…………………,.. | 18 | Authorizations…………………………………..……………………. | 21 | Civil...

Words: 8848 - Pages: 36

Free Essay

Business Letter

...cover next page > Page iii THE McGRAW-HILL HANDBOOK OF MORE BUSINESS LETTERS Ann Poe McGraw-Hill New York San Francisco Washington, D.C. Auckland Bogotá Caracas Lisbon London Madrid Mexico City Milan Montreal New Delhi San Juan Singapore Sydney Tokyo Toronto title: author: publisher: isbn10 | asin: print isbn13: ebook isbn13: language: subject publication date: lcc: ddc: subject: The McGraw-Hill Handbook of More Business Letters Poe, Ann. McGraw-Hill Professional 0070505179 9780070505179 9780071368780 English Commercial correspondence--Handbooks, manuals, etc. 1998 HF5726.P545 1998eb 651.7/5 Commercial correspondence--Handbooks, manuals, etc. cover If you like this book, buy it! next page > < previous page page_iv next page > Page iv Library of Congress Cataloging-in-Publication Data Poe, Ann The McGraw-Hill handbook of more business letters / Ann Poe. p. cm. Includes index. ISBN 0-07-050517-9 (alk. paper) 1. Commercial correspondenceHandbooks, manuals, etc. I. Title. HF5726.P545 1998 651.7'5dc21 98-24855 CIP Copyright © 1998 by Ann Poe. All rights reserved. Printed in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a data base or retrieval system, without the prior written permission of the publisher. 2 3 4 5 6 7 8 9 0 DOC/DOC 9 0 3 2 1 0 9 8 ISBN 0-07-050517-9 The sponsoring editor for this book...

Words: 58550 - Pages: 235

Free Essay

A76 Process

...Situational Analysis: According to the United States Air Force Capital Flyer, in 1997, the Office of management and budget requested a cost comparison or A-76 study, over a three-year period that would affect 700 military and civilian positions within the Federal Government and military entities. The A-76 study reviewed the supply and maintenance operations to determine the effectiveness of maintaining these positions as military and Department of Defense (DOD) civilian entities or privatizing the positions through outsourcing. Contrary to popular belief an A-76 study is not contracting. Its purpose is to create cost savings for the DOD through a competitive sourcing program. “The A-76 circular mandates that the government procure commercially available goods and services from the private sector when it makes economic sense to do so”. (A-76 Cost Comparison Overview, p.1, 2002). The cultural makeup of the organization is active duty and federal employees. The A-76 was implemented before our retirement, we would like to revisit the process and research the outcome and its affect on the organization and its members. This research will uncover some of the problems associated with A-76 studies/processes outside of cost effectiveness. This study will provide the effects outside of cost savings, it will demonstrate the negative affects it has on federal/military personnel jobs, civilian pay, training and the morale of the organization. Premise: The outsourcing/A-76 study...

Words: 5159 - Pages: 21

Premium Essay

Trial Brief

...I. INTRODUCTION: TYPES OF NEGOTIABLE INSTRUMENTS Money: UCC defines money to mean a “medium of exchange currently authorized or adopted by a domestic or foreign government” 1-201(24). * * The Functions of Money (1) Medium of Exchange Cures two problems with bartering: Double coincidence of wants, e.g. you have a horse you want to trade, and you want a cow—now you need someone who has a cow, and wants a horse. Depreciable commodities (2) Store of Value Money may be used as a store of value. Not all stores of value are money. (3) Unit of Account Unit in which prices are stated and accounts maintained. (4) Statement of Deferred Payment Measure of what must be paid in long-term transactions like loans and annuities. What is Payment Systems? Concerned with the law governing the payment component of commercial transactions. This is the law applicable not to money itself, but to the various substitutes for money. Payments law is not derived from principles of “higher law.” Instead, it is instrumental—designed to facilitate commercial transactions. One way to view payment law is as creating a set of default rules. These rules are designed to establish what the parties would otherwise do for themselves, if they were able to bargain about what the rules would be. Presumably, people would like to reduce transaction costs. So how do we determine what the parties would have chosen? We engage in a “thought experiment” and imagine what kind of bargain parties...

Words: 87038 - Pages: 349

Premium Essay

Hollow Avowals

...HOLLOW AVOWALS OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity...

Words: 21777 - Pages: 88

Free Essay

Patent Law Outline

...Table of Contents General IP Policy/theory 1 Trademarks 2 Foreign Treaties 4 Types of Marks 4 Infringement (Polaroid Test) 9 Defenses 10 Internet/UDRP 12 Dilution 13 Remedies 14 Copyrights 16 Derivative Works 19 Moral Rights 21 Renewal/Termination 23 Infringement (tests) 24 Fair Use/Defenses 15 DMCA 27 Remedies 29 Publicity/Misappropriation 32 Patents 34 Patent Prosecution 36 Utlity/Novelty /Non-Obvious 38 Priority 39 Statutory Bars 40 Infringement 41 Defenses 43 Remedies 44 Trade Secrets 46 IP In General I. Origins a. Patents began in Venice b. Copyright began in England - Publisher competition c. Trademarks - Guild System would mark the bottom of product so that people would know from whom they were purchasing II. Federal Authority a. Copyright/Patent Authority Article I Sec.1 cl. 8 i. “Progress of science and useful arts” 1. Science is copyright, and useful arts is patents 2. In the days of the Constitution means “knowledge.” ii. Utilitarian clause – not based on the moral rights iii. Most protection is pretty much on federal level. iv. Certain States with particular businesses adopted their own laws, which Congress eventually incorporated...

Words: 34600 - Pages: 139

Premium Essay

Careers and Organization

...MEANINGFUL WORK: EXPLORING BARRIERS INTERVENING AS WELL AS FACTORS ENHANCING EMPLOYEES’ ENGAGEMENT IN MEANINGFUL WORK. Course: Careers & Organizations Student: Isabelle van den Tol Studentnumber: 2509606 Contact: i.vandentol@student.vu.nl Coordinators: Prof. dr. Svetlana Khapova & Dr. Sylvia van de Bunt Datum: October 19th, 2015 MEANINGFUL WORK: EXPLORING BARRIERS INTERVENING AS WELL AS FACTORS ENHANCING EMPLOYEES’ ENGAGEMENT IN MEANINGFUL WORK. ISABELLE VAN DEN TOL 2509606 Vrije Universiteit Amsterdam Through interviews and literary findings, a qualitative case study has been done to enrich the theory about the factors enhancing and barriers intervening meaningful work. For this case study two interviews were conducted. Together with the literary findings several findings became apparent. There were three sources found that enhance the meaning of work, being: the self, the others and the work context. There were also several constraints found that are intervening the meaning of work. These constraints were the individualism within the jobs, the communication within the management team and the organizational pressure of being as efficient and effective as possible. These constraints together formed the barriers, which has a negative effect on the meaning of work. These findings were then discussed and concluded. Implications of the findings (e.g. limited amount of data) for both theory and practice are discussed. The area around Human Resource...

Words: 28418 - Pages: 114

Premium Essay

Supply Chain Management Based on Modeling & Simulation:

...5 Supply Chain Management Based on Modeling & Simulation: State of the Art and Application Examples in Inventory and Warehouse Management Francesco Longo Modeling & Simulation Center – Laboratory of Enterprise Solutions (MSC-LES) Mechanical Department, University of Calabria Via P. Bucci, Cubo 44C, third floor, 87036 Rende (CS) Italy 1. Introduction The business globalization has transformed the modern companies from independent entities to extended enterprises that strongly cooperate with all supply chain actors. Nowadays supply chains involve multiple actors, multiple flows of items, information and finances. Each supply chain node has its own customers, suppliers and inventory management strategies, demand arrival process and demand forecast methods, items mixture and dedicated internal resources. In this context, each supply chain manager aims to reach the key objective of an efficient supply chain: ‘the right quantity at the right time and in the right place’. To this end, each supply chain node (suppliers, manufacturers, distribution centers, warehouses, stores, etc.) carries out various processes and activities for guarantying goods and services to final customers. The competitiveness of each supply chain actor depends by its capability to activate and manage change processes, in correspondence of optimistic and pessimistic scenarios, to quickly capitalize the chances given by market. Such capability is a critical issue for improving the performance of the ‘extended...

Words: 17564 - Pages: 71

Premium Essay

Velocity

...TE AM FL Y Mastering Apache Velocity Joseph D. Gradecki Jim Cole Wiley Publishing, Inc. Mastering Apache Velocity Joseph D. Gradecki Jim Cole Wiley Publishing, Inc. Publisher: Joe Wikert Copyeditor: Elizabeth Welch Executive Editor: Robert Elliott Compositors: Gina Rexrode and Amy Hassos Editorial Manager: Kathryn Malm Managing Editor: Vincent Kunkemueller Book Producer: Ryan Publishing Group, Inc. Copyright © 2003 by Joseph D. Gradecki and Jim Cole. All rights reserved. Published by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8700. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, (317) 572-3447, fax (317) 572-4447, E-mail: permcoordinator@wiley.com. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations...

Words: 70755 - Pages: 284

Premium Essay

Libyan Afb V Banker Trust Co

...THE LIBYAN ASSET FREEZE AND ITS APPLICATION TO FOREIGN GOVERNMENT DEPOSITS IN OVERSEAS BRANCHES OF UNITED STATES BANKS: LIBYAN ARAB FOREIGN BANK v. BANKERS TRUST CO. Corinne R. Rutzke* INTRODUCTION United States asset freezes are political weapons invoked in response to international crises.' Traditionally, United States asset freezes have blocked foreign government assets within the jurisdiction of the United States.2 Following the 1979 Iranian hostage crisis, however, United States peacetime asset freezes have attempted to block dollar-denomi4 nated accounts3 held in foreign brancheS of United States banks.5 An important legal issue associated with the use of peacetime blocking * J.D. Candidate, 1988, Washington College of Law, The American University. 1. OFFICE OF FOREIGN ASSETS CONTROL, BLOCKED FOREIGN ASSETS IN THE UNITED STATES 1, 3 (1985) TREASURY PAMPHLET]. Historically, the blocking control orders, promulgated pursuant to section 5(b) of the Trading with the Enemy Act, authorized the President to regulate or prohibit any property transaction involving a foreign country or national during wartime. Trading with the Enemy Act of 1917, 50 U.S.C. app. § 5(b)(1)(B) (1982). Following the entry of the People's Republic of China into the Korean War in 1950, President Truman blocked Chinese and North Korean property within the jurisdiction of the United States. The Management of Blocked Foreign Assets in the United States, 12 INT'L CURRENCY Rzv. 37, 38 (No. 6 1980). Expanding...

Words: 21247 - Pages: 85

Premium Essay

The Implementation of International State Responsibility Into National Space Law in the Eu

...RIGA GRADUATE SCHOOL OF LAW THE IMPLEMENTATION OF INTERNATIONAL STATE RESPONSIBILITY NATIONAL SPACE LEGISLATION IN THE EU (title) INTO MASTER’S THESIS AUTHOR: DMYTRO CHYBISOV LL.M 2007/2008 year student student number LLM00703 JANE SMITH________________ (name, surname) TUTOR: Professor____________________ (academic title) DECLARATION OF HONOUR: I declare that this thesis is my own work, and that all references to, or quotations from, the work of others are fully and correctly cited. (Signed) …………………………………. RIGA, 2008 2 SUMMARY In Part I the general provisions of space treaties and principles of public international law briefly summarized. An overview of “appropriate state”, “launching state” terms and international responsibility and liability issues also discussed there. Part I is supposed to introduce current international legal tools available for the regulation of space activities. It explains what is international space law, why it is important and how does it work. Moreover, certain aspects of legal treatment of governmental and non-governmental entities are comprehensively discussed. The analogy between international space law and maritime law was also reiterated. Part I particularly examines each of three main space treaties and the problematic points arising from their interpretation. The enforcement mechanism is also analyzed. It was the idea to pick up an issue and then to analyze it using the common sense and legal logic with the view...

Words: 28333 - Pages: 114

Premium Essay

Ip Law in India

...Litigation & Dispute Resolution, Fund Formation, Fund Investments, Capital Markets, Employment and HR, Intellectual Property, Corporate & Securities Law, Competition Law, Mergers & Acquisitions, JVs & Restructuring, General Commercial Law and Succession and Estate Planning. Our specialized industry niches include financial services, IT and telecom, education, pharma and life sciences, media and entertainment, gaming, real estate and infrastructure. IFLR1000 has ranked Nishith Desai Associates in Tier 1 for Private Equity (2014). Chambers & Partners has ranked us as # 1 for Tax, TMT and Private Equity (2013). Legal Era, a prestigious Legal Media Group has recognized Nishith Desai Associates as the Best Tax Law Firm of the Year (2013). Legal 500 has ranked us in tier 1 for Investment Funds, Tax and TMT practices (2011/2012/2013). For the third consecutive year, International Financial Law Review (a Euromoney publication) has recognized us as the Indian “Firm of the Year” (2012) for our Technology - Media - Telecom (TMT) practice. We have...

Words: 27779 - Pages: 112

Premium Essay

Ethics

...Coordinator: Julio Esperas Copyeditor: Green Pen Quality Assurance Proofreader: Suzanne Huizenga Indexer: Alexandra Nickerson Composition: Pre-Press PMG © 2010 Course Technology, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not limited to photocopying, recording, scanning, digitizing, taping, Web distribution, information networks, or information storage and retrieval systems, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the publisher. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706. For permission to use material from this text or product, submit all requests online at cengage.com/permissions Further permissions questions can be emailed to permissionrequest@cengage.com Microsoft, Windows 95, Windows 98, Windows 2000,...

Words: 204343 - Pages: 818

Premium Essay

Management Accounting

...Handbook of Management Accounting Research Volume 3 Edited by CHRISTOPHER S. CHAPMAN Imperial College London, UK ANTHONY G. HOPWOOD University of Oxford, UK MICHAEL D. SHIELDS Michigan State University, USA AMSTERDAM – BOSTON – HEIDELBERG – LONDON – NEW YORK – OXFORD PARIS – SAN DIEGO – SAN FRANCISCO – SINGAPORE – SYDNEY – TOKYO Elsevier The Boulevard, Langford Lane, Kidlington, Oxford OX5 1GB, UK First edition 2009 Copyright © 2009 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone ( 44) (0) 1865 843830; fax ( 44) (0) 1865 853333; email: permissions@elsevier.com. Alternatively visit the Science and Technology Books website at www.elsevierdirect.com/rights for further information Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for...

Words: 187223 - Pages: 749