...Name of Case: PGA Tour, Inc. v. Casey Martin Court: United States Supreme Court Citations: 531 U.S. 1049 (2001) Parties and roles: Casey Martin (respondent); Professional Golfers Association Tour, Inc. (Petitioner) Facts: Casey Martin was born with a disability that causes him to deal with pain and complications in his body he is also an accomplished golfer. While playing in the PGA tournament all players must play by the same rules. The National Collegiate Athletic Association exempts Martin from this rule near the end of his college career. The PGA elucidation of this action expressed that the exception to this rule was unsportsmanlike and an unfavorable position for the other players if Martin used golf cart while taking part in the tournament, which...
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...The Phillips vs Martin Marietta Corporation case started on December 9th, 1970 and lasted 37 days. Mrs. Ida Phillips had allegations against the Martin Marietta Corporation that they wouldn’t hire her because of her sex. Martin told Mrs. Phillips that they were not accepting applications from women with preschool-aged children. At the time, Martin was hiring men with preschool-aged children. Under Title VII of the Civil Rights act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children. At the time, people probably didn’t like what Martin Marietta Corp. did to Ida Phillips because in 1964 there was a civil right act for this. They most likely supported Mrs. Phillips with doing this. Civil rights activist probably stood there with her helping her on the way. I don’t know much that happened in those thirty seven days. Though from all I’ve looked through I couldn’t find anything about this subject. Some might not of cared about this at all. There might of been some that cared a lot about this like...
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...“Let no man pull you so low as to hate him.” —Martin Luther King, Jr. (Nguyen). Many African Americans had many troubles when trying to fight for their rights. Therefore three court cases have changed many perspectives on how black people should be treated. “We may have all come on different ships, but we’re in the same boat now.” —Martin Luther King, Jr. (Nguyen). These cases influenced many changes in the civil rights movements for African American people. Plessy v. Ferguson case was about how the Court upheld a Louisiana law requiring restaurants, hotels, hospitals, and other public places to serve African Americans in separate, but ostensibly equal, accommodations. Thus, African American people staged boycotts with other white people who believed in and like black people. Although this helped many black people get the same equal rights as white people when being served at a public place. This also changed the way black people were looked at in the same way as white people. In summary the case judgement Plessy v. Ferguson helped colored people with getting the same rights as white people in public places (Plessy v. Ferguson). Brown v. Broad of Education case was about the unfair ways of how the different races were harassed in school. This happened because African American children were given poor learning environments and the...
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...support fairness and to provide certainty in the law(Martin, J. 2013).Precedent can only function when the legal reasons of previous cases are known. When a judgment is being announced at the end of a case, a speech is given. This speech includes the reasons behind the decision, a summary of the facts in the case and an explanation of the principles of law the Judge has used to come to the decision he/she has made. The principles are an essential part of the judgment and they are called Ratio decidendi(Martin, J. 2013). The remainder of the judgment being given is called Obiter dicta which translates as “other things said”. A judge will sometimes speculate and use a hypothetical situation had the facts of the current case been different. He uses this to provide legal reasoning which maybe considered in future cases(Martin, J. 2013). An example of Ratio decidendi and Obiter dicta can be found in the in the trial of R v Howe(1987) where the defendant was pleading the pledge of duress. The Ratio decidendi in this case was that the defendant was charged and his plea of duress was dismissed as duress could not be a defence to a charge of murder. The Obiter dicta was even though the victim had not been murdered the plea would have been dismissed as the plea would not be available to someone charged with an attempt of murder. Another example of Ratio decidendi and Obiter dicta can also be found in the dangerous driving case of Hill v Baxter(1957).The Ratio decidendi was that the driver...
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... * The immediate supervisor told David that “Jason is going to places in this Company”. * When David applied for the job, the supervisor told him he was too old for the job and preferred a younger man who would be in the job for “more than just a couple of years.” CASES RESEARCHED A. Jones v. Dillard’s, Inc. Discrimination claim based on age from Gerda Byrd who alleged that Dillard’s took adverse action against them in their jobs. Alabama based case tried in 2003. In 1998 Gayferd’s Department Store was purchased by Dillard’s, Inc which she was an office and credit manager. There was no position at Dillard’s and she was placed as an assistant area sales manager to keep her at the same pay rate. She then learned the AASM position was being eliminated with no intention of ever hiring them again. In 1999 they offered her an opportunity to sell cosmetics which she declined due to lagging sales and the likelihood of termination when she couldn’t meet sales goals. She took severance pay due to the position being eliminated and took 47 weeks of pay. Byrd later discovered that one month later the operations manager was told to hire two new AASMs. The court reversed the original summary judgment to Dillard’s and reversed and vacated...
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...Case: Acme Manufacturing Company Case & United Machine Workers Introduction to the case analysis The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute. The case to be evaluated in this assignment is the result from an opposing perception of an issue in which both party’s are involved. The grievance is the result from the opposing views on a subordination matter; that of the management’s perspective and that of the employee. The case to be evaluated can very easily occur in an actual situation and I would like to write this analysis from the management’s perspective. Summary of the issue(s) The problem involves the contradicting views of a legal issue within the union contract reached between our firm, the Acme Manufacturing Company (the company) and the United Machine Workers Union (the union). The parties in question in the dispute are Mrs. Kyla Martin, a machine operator working in...
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...Review & Summary: The article that I am reviewing is “ The Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with...
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...State of Texas v. Hopwood HRM552 Stephanie Romagnoli State of Texas v. Hopwood The paper summarizes the case of Hopwood v. State of Texas and the court’s ruling. It covers the meaning for the organization in the case study and businesses in general, and the legal precedence the ruling sets for most businesses. It also outlines the role the federal enforcement agency plays in ensuring the organization's compliance with regulation standards. Case summary The Hopwood case, named for lead plaintiff Cheryl Hopwood, involved four White students who sued the law school after being denied admission to of the University of Texas at Austin. They successfully argued that the law school discriminated against them by admitting less qualified African American and Mexican American applicants for admission through use of a quota system, therefore violating the Fourteenth Amendment to the U.S. Constitution, which requires equal protection under the law (Andrews & Martin, 1998). The University initiated this affirmative action program in response to a history of discrimination against African Americans and Mexican Americans in the state of Texas (Byars, and Rue, 2008). The court’s ruling Affirmative action is a government policy that seeks to remedy old discrimination directed at particular groups, including women, racial and ethnic minorities. The primary purpose of these policies and programs is to increase access to opportunities for higher education, employment, government...
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...Effects of USA PATRIOT Act on Banking Privacy Introduction On September 11, 2001, the United States was attacked by the terrorists and the attack has completely changed the way we live and work. Its impact is so immense that it covers almost every aspect of our life including the privacy protection policy in the banking industry. After the September 11 terrorist attack, the U.S. Congress passed a law, the USA PATRIOT Act that makes it easier for government law enforcement and intelligence agencies to gather and share information related to terror-related investigations and it has changed how the banking industry or financial institutions handle the privacy of their customers’ personal information. The purpose of this research paper is to explore the effects of the USA PATRIOT Act on banking industry’s handling customers’ private personal information. Some Background Information and History of Banking Privacy The USA PATRIOT Act is not an official title of the law. It is the acronym of the very long title of the Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. It was signed into law by President George W. Bush on October 26, 2001. But, before 2001, do we have any law that provides guidelines for the privacy of banking industry in the United States of America? Surely, there are several laws that are related to the financial institutions and the privacy protection policy...
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...Tax Research Memo #1 Martin Coldiron ACCT390-VIFF-F14 Annette Hoeltzer August 28, 2014 Tax Research Memo #1 Memo DATE: August 28, 2014 TO: Mr. Brent Ouray FROM: Martin Coldiron RE: Advising on filing status Facts: Brent and Kathy Ouray have been married since 1996. Starting in 2010 until current they both have been experiencing marital issues. They are presently not legally separated, but consider themselves to be estranged. Do you to be financial difficulties of Brent and Kathy they have not been able to go through with a divorce. They have three sons together that they both want to remain in their sons lives. So based on the financial concerns of both Kathy M Brent they are unable at this time to financially support to separate homes for them and the children, so they currently all still live in a single-family home in Chicago, Illinois. Brent and Kathy are both financially supporting their three sons and maintaining the upkeep of the house that they are all currently reside. While comparing Brent and Kathy’s annual income, Brent substantially earns more annually than Kathy. They both agree that even though they both support the children and maintain the home that Brent contributes more. In the current tax season Brent has stated that he would like to file a separate Federal Income Tax from Kathy and he would like to claim head of household as his status on the current year’s return. Brent feels that, if he and Kathy keep separate households while under the same...
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...Constitutional Rights Strayer University PAD 525 Korb v. Raytheonr of 1989 is a case predicated on the freedom of speech and if a corporation has the right to dismiss you based on whether your speech directly or indirectly affects the company and a individual as there is associated with that company. Mr Korb was released from his duties as vice president for Washington operations of Raytheon Corporation because he spoke the media publicly and expressed views in direct conflict with the corporation's economic interest. It was noted that he spoke on behalf of the organization that he joined the executive board of the Committee for National Security (CNS). Although he was given permission by his company join CNS the company wanted Mr. Korb to still uphold the values and corporate initiatives the represented. Mr Korb gave a press conference on February 25, 1986 with CNS in the senate building during Korb's normal lunch hour in connection with the release of its annual alternative defense budget. Korb spoke at the press conference. Because this was during lunch and not an unscheduled break Mr. Korb felt like he wouldn’t be associated with Raytheon. The reporters present at the press definitely did as they reported to their outlets. The Washington Post newspaper the day after the press conference reported on the event. The article described Korb as a former assistant secretary of defense and now a private civil citizen working for arms maker Raytheon Co. It...
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...designate that such goal isn’t being achieved, particularly for kids manifesting learning problems. Because the initial dispiriting outcomes of arithmetic accomplishment discovered with State Evaluation of Schooling Progress (SESP) during 1974, insufficient evidence exists to indicate that arithmetic accomplishment has increased considerably, particularly for learners with impairments (Spinelli, 2012). The intention for this research is to identify technology effectiveness towards fundamental arithmetic fluency. As a component of the classroom educational involvement, the research was carried out with ten learners with fair to stern cognitive impairments registered into a school of special training. This five-week research employed a solitary-case turnaround plan (ABAB). Data examination involved visual along with numerical techniques of analysis. Four major results arose. Foremost, results showed this campaign of having an affirmative impact on essential math smoothness. Secondly, findings illustrated that trainers discovered that technology (iPad) contained an affirmative effect on leaner participation as well as concern within content. Lastly, the results...
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...Applied Legal Concepts in Healthcare Law Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and Emma...
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...Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity by affidavit. Further, the incident report, and the alleged corresponding witness statements, did not meet the admissibility requirements of Civ. R. 56, and therefore, were not entitled to consideration by the trial court for summary judgment...
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...was not enough. “Power concedes nothing without demand” the solution is to be willing to work hard to establish it yourself by demanding what belongs to them. However using power in order to concede civil rights was a struggle which was acknowledged by Fredrick Douglass “Without struggle there is no success”. To achieve advancement in African American Civil Rights, African Americans had to undergo a process of struggle. A rainbow is not made without rain; you can not want rain without thunder and lightening being accompanied by it. To achieve full civil rights African Americans had to pay the price along the way which was persecution, de-humanisation and scrutiny. Martin Luther King being inspired by Fredrick Douglass said “Freedom is never voluntarily given by the oppressor it must be demanded by the oppressed”. Martin Luther King certainly did demand as he wrote this from a Birmingham prison in a letter. If you are being enslaved it is the choice of the slave master to decide when to let you free, if freedom is a priority to the slave it is then their own responsibility to demand to be freed. This is the same with...
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