...1. Who says what a corporation can tell its consumers? Where are the boundaries when it comes to government interfering with free enterprise? Do we let corporations do and tell us what they want? These are all questions regarding the use of commercial speech and its restrictions within the first amendment. In an advertisement seen on page (213) in the text, we can see an ad for an electric corset for women that stated that it kept them healthy warded off disease. In a court case in December of 1961 the FTC issued a cease and desist order against Colgate-Palmolive company charging for 3 television ads saying they were “false and deceptive”(216). Eventually after the case went to the supreme court in 1963 they ruled in favor of the FTC which...
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...Michigan Courts of Appeals rules that HOA Developer is subject to the Michigan Consumer Protection Act In Liss v. Lewiston–Richard Inc, 478 Mich. 203; 732 NW2d 514 (2007), the Michigan Supreme Court held that a residential home builder was exempt from complying with the Michigan Consumer Protection Act, MCL 445.901 et seq. The Michigan Supreme Court reasoned that MCL 445.904(1)(a) exempted homebuilders from compliance with the Act as they were specifically authorized to build homes under the Michigan Occupational Code, MCL 339.101 et seq. The Supreme Court reasoned that homebuilders were not subject to the Act as they held a professional licenses and were regulated by the Residential Builders’ and Maintenance and Alteration Contractors'...
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...A. The Court Lacks Subject-Matter Jurisdiction Because Plaintiff Has No Standing To Assert His Claim. The Supreme Court test of standing stated above on its second prong indicates that “there must be a causal connection between the injury and the conduct complained of — the injury has to be fairly ... trace[able] to the challenged action of the defendant, and not... th[e] result [of] the independent action of some third party not before the court.” This means that plaintiff must demonstrate that the injury is fairly traceable to the defendant’s unlawful conduct. The question becomes whether the causal connection between action and injury is sufficient to confer standing. Here, Defendant TS Watches has no meaningful connection to the case...
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...is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank. This case started may 18, 1896 and ended the same day It was over the racial segregation laws for the public bathrooms, the doctrine came to be known as “separate but equal” Plessy won in a 7 to 1 majority vote. It was in the supreme court in louisiana Miranda v. Arizona. The Fifth Amendment right against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his or her rights to remain silent and to obtain...
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...What is Merrick Garland's professional background? • From what I have read it says that, Merrick Garland attended Harvard Law School. First, he was a clerk for Supreme Court Justice William Brennan. Second, he went into private practice before taking a job as a federal prosecutor during President George H.W. Bush's administration. Also, Garland occupied top posts in the Justice Department before becoming a judge. Garland big cases includes the Oklahoma City bombing, the Unabomber case, and the Atlanta Olympics bombing. Currently, he is the chief judge of the U.S. Court of Appeals for the D.C. Circuit. 2. What is your opinion of the nominee? (You will need to read some articles about him and NOT blogs to be able to answer this.) • In my opinion, based on what I have read, the nomination is justifiable. Garland started as a clerk and for that he earned the experience and knows the ins and outs of the system. His age in my opinion is an advantage due to the fact that he has gained more experience. Also, it says he has earned the respect from both the Republicans and the Democrats. It just shows that the person has integrity. 3....
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...Bouvia vs. Supreme Court The case of Bouvia vs the Supreme Court, is the case in which Bouvia, a patient at a public hospital, wanted a feeding tube removed that was placed in her against her will. In this essay I will give a brief overview of the case, then I will relate the relevance of a couple ethical terms. Thirdly, I will discuss how an act-utilitarian would approach this case and finally, I will give my opinion of this case. The hospital in which Bouvia was in put in, in an effort to get food into her system. Bouvia, who is a quadriplegic and has since birth suffered from a severe case of cerebral palsy, did not want it in because it was very uncomfortable and she didn't want to take measures to prolong her life. Because of the cerebral...
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...Gitlow v. New York was the United States Supreme Court case occured on June 8, 1925. The Supreme Court decided to arrested Benjamin Gitlow, a sociologist and associate Alan Larkin. They were arrested in New York City for criminal crimes and allegedly distributed a copy of the "Left Wing Manifesto" and also acted to support the overthrow of the government by force. At the Trial, Gitlow argued that he did not take action to publish the manifesto and against the New York government by forces and strikes. Gitlow's lawyer argued that New York lawyers could not have sufficient evidence to prove Benjamin Gitlow's actions. After much controversy, Gitlow was finally convicted by the state appeals court. Benjamin Gitlow was born in Elizabethport, New Jersey on December 22, 1891. After graduating from high school, Gitlow worked at a grocery store in Newark. In 1909, Gitlow joined the American...
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...Joseph Frederick is a senior at Juneau-Douglas High School. Joseph held up a sign saying“ Bong Hits 4 Jesus” on January 24th, 2002 during the Olympic Torch Relay through his high school. Deborah Morse- Joseph’s principal to put the banner away because she was concerned it could advocate illegal drug activity. Frederick was the defendant and Deborah Morse was the plaintiff. Frederick refused to comply. Deborah took the banner from him. Frederick was suspended from school for 10 days for violating school policy, that forbids advocating the use of illegal drugs. Morse was ruled by U.S District Court for the District of Alaska by saying that Frederick’s actions was not protected by the first amendment. The U.S Court appealed and stated that Frederick’s banner was constitutionally protected. The U.S Supreme Court granted certiorari....
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...After reading the Supreme Court case McCulloch v. Maryland I learned how the federal government and state governments work together and also how they come in conflict with one another. We live in a country that operates with system federalism. This is a system where power to govern is shared between national and state government. In the constitution certain powers called the express powers are given to congress. Some of these powers are the power to tax and spend money, borrow money and regulate businesses. Other powers giving to congress are expressly stated on the constitution and others are implied. Finally congress and the president also have powers that are inherent to the jobs they do. They are reasonable power that are logical powers...
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...The Supreme Court is just that by definition. As defined by Merriam-Webster, highest ranking in authority. A case must meet one of the following requirements to be heard or reviewed; “laws passed by Congress; presidential actions or executive orders; regulations promulgated by administrative agencies; laws passed by state legislatures; actions of governors; county commission decisions; school board policies; city regulations; and the rulings of lower Courts” (Lenz & Holman, 2013, p. 103). Short answer though is the Supreme Court can decide to hear any case they deem fit. Shaun Michael Bosse v. Oklahoma is a case recently decided on by the Supreme Court. Prior to reaching the court though case went through regular trial with an appeal to the...
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...The Supreme Court has been hearing cases and passing laws about the discrimination against working women and pregnancy for years. The laws, acts, and clauses that are in place to protect women’s rights are debated, and left up for interpretation. The Supreme Court case of General Electric Company v. Gilbert in 1976, was one of the focusing factors in the case of Young v. UPS. This case along with the case of Geduldig v. Aiello is what lead Congress to create the Pregnancy Discrimination Act (PDA). The PDA amended Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. It states no company with 15 or more employees could fire, not hired or discriminate against an employee due to pregnancy or...
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...1. What is Computer Forensics? System forensics is the process of systematically examining computer media as well as network components, software, and memory for evidence. System forensics involves collecting, preserving, analyzing, and documenting evidence to reconstruct user activities. Appropriately collected evidence is often presented in court to solve criminal cases and prosecute criminals. 2. How has technology improved the way criminal investigators perform their job? Technology improved the way criminal investigators perform their jobs by making it easier to track things, there is different types of software out there today to help them with these issues, and make the jobs easier, when you have different technology to help. 3. Why would a company report or not report a compromise case? The reason a company may or may not report a compromise because if it’s not in their favor and they may report it if it’s in their favor and vice versa. They wouldn’t want to look incompetent. 4. Who is in charge of labeling and securing sensitive information? The one in charge of labeling and securing sensitive information is the forensic specialist. 5. What is the Daubert standard? The Daubert Standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. 6. Why would someone use a hex editor in a forensic investigation? The reason someone would use a hex editor in a forensic investigation...
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...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...Case Study Analysis – Connecticut v. Teal (1982) HRM/552—Organizational Training and Development Case Summary The case of Connecticut vs. Teal is a part of landmark Supreme Court cases that were heard in the 1980s. Black employees that worked for the State of Connecticut were promoted to supervisors with a provision that for their promotion to become permanent, they would have to pass a written examination. There were 48 black candidates and 259 white candidates that took the written examination. A little over half of the black candidates that took the examination passed, however the black employees that did not pass were excluded from the remaining selection process to become permanent supervisors (Connecticut v. Teal, 1982). These employees filed lawsuit against the State of Connecticut in Federal District Court alleging that, “petitioners had violated Title VII of the Civil Rights Act of 1964 by requiring, as an absolute condition for consideration for promotion, that applicants pass a written test that disproportionately excluded blacks and was not job related (Connecticut v. Teal, 1982). Prior to the case going to trial, the petitioners promoted 22.9% of the black candidates and 13.5% of the white candidates from the eligibility list. Due to these promotions, the employer felt that by applying the bottom line concepts, the black employees had been more favorably promoted. The District Court sided with the employer and ruled that the “bottom line” percentages were...
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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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