Legal Brief Essays (Examples)

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Sexual Harassment Legal Case Study

Words: 934 Length: 3 Pages Document Type: Essay Paper #: 61901205

Legal Brief

McCurdy v. Arkansas State Police, 375 F. 3 762 (8th Cir. 2004)

Type of Action

The case covered in this legal brief was the case of an employee of the Arkansas State Police, that being McCurdy, filing an action against the State of Arkansas in the form of the Arkansas State Police, that being her employer. Ms. McCurdy was trying to hold the Arkansas State Police liable for the sexual harassment of her supervisor. The case in this legal brief was argued before the United States Eight Circuit Court of Appeals (Leagle, 2014).

Facts of the Case

Jamie McCurdy, while being an employee of the Arkansas State Police, was subjected to about an hour of sexual harassment. The harassment in question was explicitly banned and disallowed as a matter of policy with the Arkansas State Police. On the Friday in which the harassment occurred, Sergeant Hall (McCurdy's supervisor)…… [Read More]

References

IntroLaw. (2014, May 30). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Summary: McCurdy v. Arkansas State Police, 375 F.3d 762 (8th Cir. July 23, 2004). Retrieved May 30, 2014, from http://www.introlaw.com/ed/cs/8th/04/080704mc.html

LawMemo. (2014, May 30). Employment Law Memo sample. Employment Law Memo sample. Retrieved May 30, 2014, from  http://www.lawmemo.com/sample/e20040726.htm 

Leagle. (2014, May 30). McCURDY v. ARKANSAS STATE POLICE | Leagle.com. McCURDY v. ARKANSAS STATE POLICE | Leagle.com. Retrieved May 30, 2014, from http://www.leagle.com/decision/20031257275FSupp2d982_11161
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Legal Research Writing & Analysis

Words: 1611 Length: 6 Pages Document Type: Essay Paper #: 64483919

This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.

Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.

Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has…… [Read More]

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Legal Employment Scenario Employment Law

Words: 1318 Length: 4 Pages Document Type: Essay Paper #: 5223702

To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.

Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]

Works Cited:

Jessica, S.N. (2008). at-Will Employment Dismissal Law. EHOW. Online at http://www.ehow.com/about_5272311_atwill-employment-dismissal-law.html

Lang, G. (1994). Women's Shelter Sex Harassment. Men's Voices Magazine. Online at www.menweb.org

Brown, NS. (1994). Sexual Harassment -- Fact v. Myth. Men's Voices Magazine. Online at .
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Legal Environment and Impact on

Words: 992 Length: 3 Pages Document Type: Essay Paper #: 74502170

This could be something like another computer picking up someone's credit card number during what was supposed to be a secure transaction, or an employee of a company giving out a person's confidential information over the phone to someone who is not authorized to receive it. However it happens, confidentiality breaches are serious, and must be addressed immediately so they do not happen again (Allen 2001).

Integrity of information assures that information can not be modified without such modification being detected. Most information management systems have some sort of protocol in place for protecting the integrity of information. The greatest danger to the integrity of information occurs when it is in transit from one computer to another. This is the perfect time for hackers to access the information and modify it without being detected. A secure information management system ensures that this is unlikely to happen and that any modifications…… [Read More]

References

Allen, Julia H. (2001). The CERT Guide to System and Network Security Practices. Boston, MA: Addison-Wesley.

Layton, Timothy P. (2007). Information Security: Design, Implementation, Measurement, and Compliance. Boca Raton, FL: Auerbach Publications.

McNab, Chris (2004). Network Security Assessment. Sebastopol, CA: O'Reilly.
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Legal Book Review The Buffalo Creek Disaster

Words: 716 Length: 2 Pages Document Type: Essay Paper #: 78027492

Legal Book Review: The Buffalo Creek Disaster

The Buffalo Creek Disaster was one of the costliest preventable tragedies in the history of American coal-mining. An impoundment dam burst in a coal mining est Virginia town, precipitating a deadly flood that killed or injured more than a thousand people, and left many more residents homeless. The dam had been declared sound shortly before it burst by a federal inspector. The owner of the dam, the Pittston Coal Company initially only offered a very small settlement to the victims. "Over 125 people perished immediately. Most were women and children unable to struggle out from under the thick black water choked with crushed and splintered homes, cars, telephone poles, railroad tracks, and all manner of other debris. There were over 4,000 survivors, but their 1,000 homes were destroyed as well as most of their possessions" (Stern ix-x). Survivors of the incident experienced post-traumatic…… [Read More]

Work Cited

Stern, Gerald. The Buffalo Creek Disaster. Vintage, 1977.
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Legal Aspects of Opening a

Words: 3863 Length: 12 Pages Document Type: Essay Paper #: 67676155



Partnerships demand that all partners (both general and limited partners) be on the same page financially and within the scope of the business operations. They require shared a goal and vision for the entity, and a mutual understanding of each owner's role and the parameters for exerting control. Perpetual lines of communication must be available for all parties in response to changing dynamics and the occurrence of unforeseen events. This is particular relevant in the restaurant industry, where consumers have many choices and often make them based on little substance

. The restaurant industry is fraught with sudden changes, which can require added attention, effort and capital in a short period of time. Therefore, a thorough understanding of the roles of each owner, be they a general or limited partner, is essential to a properly functioning partnership.

Additionally, effective partnerships require regular meetings and reviews of all business operations, and…… [Read More]

References

Astrachan, J. (2003). Family Business' Contribution to the U.S. Economy: A Closer

Look. Family Business Review, vol. 17:3. p 211-219. (Retrieved from google scholar. Keywords: sole, proprietorship, owner, entrepreneurship)

Auty, S. (1992). Consumer Choice and Segmentation in the Restaurant Industry. The Service Industries Journal. vol. 12 (3). p 324-339. Retrieved from informaworld.com (Keywords: restaurant, corporation, consumer)

Baysinger, B. & Butler, H. (1985). Corporate Governance and the Board of Directors:
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Legal Effects Upon Businesses -

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 53913784



Other safety measures would include using a matt or some sort of way to minimize the issue of falling or tripping during inclimate weather; and also keeping the aisles and store clean and neat so that there is little chance for accidents. Employees, too, should be encouraged to understand where the first-aid kit is located, procedures if a consumer is injured (911, etc.), and how to best protect themselves in the event of a robbery or altercation. The impact of all these will have two forms: it will increase expenses for the business and thus increase the amount the business must charge for the product -- part of the Cost of Goods Sold.

Sources:

Consumer Product Safety Act. (1972). Public Law 92-573. Retrieved from:

http://www.herc.org/library/cpsa.pdf

Ensuring Safety in the Workplace. (2011). Workforce Central. Retrieved from:

http://www.workforcecentralflorida.com/employer/employer-research-resource-center/hr-tips-strategies/management/ensuring-safety-in-the-workplace.stml

Part 2 -- Business Plan Response:

Overview: The demand for affordable designer clothing has…… [Read More]

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Legal Implications for International Expansion

Words: 2404 Length: 9 Pages Document Type: Essay Paper #: 36869704

" (Lee, 2009)

Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based on freedom of association, (2) a ban on forced labor, (3) a ban on child labor, and (4) no discrimination in labor. (Lee, 2009) Stated as important secondary standards are those as follows: (1) responsibility for employment; (2) industrial safety and health; and (3) training and education. (Lee, 2009) Lee states that western multinational companies "...are capable of investment, innovation, and reporting for SR, because they have been exposed to the CSR movement for some time. Thus companies in…… [Read More]

Bibliography

Malaysia (2009) Office of the United States Trade Representative. 8 Oct. 2009. Online available at: http://www.ustr.gov/countries-regions/southeast-asia-pacific/malaysia

Thailand (2009) Office of the United States Trade Representative.http://www.ustr.gov/countries-regions/southeast-asia-pacific/thailand

Singapore (2009) Office of the United States Trade Representative.http://www.ustr.gov/countries-regions/southeast-asia-pacific/singapore

Hong Kong (2009) Office of the United States Trade Representative.http://www.ustr.gov/countries-regions/china/hong-kong
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Legal Risk Arising From Wrongful Discharge What

Words: 1135 Length: 4 Pages Document Type: Essay Paper #: 36839483

legal risk arising from wrongful discharge.

What liability and rights do NewCorp and Pat have in this situation? What legal principles -- such as statutory or case law -- support those liabilities and rights?

When it comes to the first scenario, it is clear that NewCorp fired Pat based upon the views that he expressed at a public gathering. While this cannot be directly proven, various pieces of circumstantial evidence are illustrating how this is the case. As, he was not given any kind of notification for: unsatisfactory behavior at work. This is important, because it means that the company does have a potential legal liability (based upon these actions).

Rule

The statutory rule that company is violating is the provisions of: intentional discrimination (under the Title VII of the Civil Rights Act of 1964). This states that it is illegal for employers, to fire someone based upon: actions that…… [Read More]

Bibliography

Cheeseman, H. (2010). Employment, Worker Protection and Immigration Laws. Business Law. (pp. 486-498). New York, NY: Pearson Education.

Cheeseman, H. (2010). Equal Opportunity in Employment. Business Law. (pp. 511 -- 527). New York, NY: Pearson Education.

Cheeseman, H. (2010). Labor Law and Collective Bargaining. Business Law. (pp. 499-510). New York, NY: Pearson Education.
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Legal Social and Economic Environments of Business

Words: 925 Length: 3 Pages Document Type: Essay Paper #: 8714376

New Invention

Business Environment

Legal, Social, and Economic Environments of New Product Development

There are three basic forms in which of businesses can be organized: sole proprietorships, partnerships, and corporations. There are also many different versions of each form. For example, there are many different kinds of corporations. However, based on the scenario represented for the individual who has an idea for a product a sole proprietorship would most likely represent the ideal form for the individual to get started with and if the product does turn out to be a success then they could always reorganize the business later on. Although the individual has an idea for a product that he believes will be a success he does not have a lot of capital to launch a major product development campaign. Furthermore, although the economy is recovering, the external environment is still plagued with high levels of competition and…… [Read More]

References

BizFilings. (N.d.). Benefits of Create an LLC. Retrieved from BizFilings:  http://www.bizfilings.com/learn/creating-llc.aspx 

IRS. (2012, December 31). Limited Liability Company (LLC). Retrieved from IRS: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Limited-Liability-Company-(LLC)

The Wall Street Journal. (N.d.). How to Form an LLC. Retrieved from The Wall Street Journal:  http://guides.wsj.com/small-business/starting-a-business/how-to-start-an-llc/
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Legal Analysis of Adoption &

Words: 5867 Length: 20 Pages Document Type: Essay Paper #: 3539035

Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to parent,…… [Read More]

Bibliography

Mary Kay Kisthardt, of Fatherhood, Families and Fantasy: The Legacy of Michael H. v. Gerald D., 65 Tul. L. Rev. 585, 588 (1991).

Marianne M. DeMarco, Delineation of the Boundaries of Putative Father's Rights: A Psychological Parenthood Perspective, 15 SETON HALL L. REV. 290, 291 n.7 (1985).

Rita Meiser & Marcie Velen, the History of Adoption. http://www.researchetcinc.com/history.hml.(Visited April 29, 2005).

Suellyn Scarnecchia, Defining Family: Adoption Law and Policy Adoption Rights, 2 Duke J. Gender L. & Pol'y 41, 41-42 (1995).
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Brief for Smith V U S P S And Bonilla

Words: 4841 Length: 15 Pages Document Type: Essay Paper #: 44623214

Appellate Brief

Question Presented / Issue Statement

Appellant Mary Smith seeks review of the decision of the United States District Court for the District of Anytown, which granted judgment in favor of appellees, the United States Postal Service (U.S.P.S.) and Jim Bonilla, egional Supervisor of the U.S.P.S., on their motion to dismiss appellant's complaint for failure to exhaust administrative remedies in appellant's lawsuit for gender discrimination, hostile work environment, and constructive discharge in violation of Title VII of the Civil ights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII). The questions presented in that case was whether appellant provided sufficient facts to warrant tolling her claim under a theory of equitable estoppel or whether the Court should refuse to hear her claims because they were filed after the applicable tolling period. Specifically, these questions are:

Does the time limitation outlined in 29 C.F.. § 1614.105(a)(1) prevent Ms.…… [Read More]

Resources professional, Lehr, was very negative about the possibility of a favorable outcome for appellant. She repeatedly informed appellant that appellee Bonilla was well-liked by the people at the company and actively encouraged appellant to drop her complaint against appellee Bonilla. Moreover, Lehr was involved in a romantic relationship with appellee Bonilla, which was known to the appellant during the time of the investigation.

While it may seem egregious that appellee U.S.P.S. would allow a human resources professional who was engaged in a romantic relationship with an employee to conduct an investigation into that employee's behavior, the egregious nature of those allegations actually works against appellant's claim of equitable estoppel. If appellee Bonilla had engaged in a secret affair with Lehr, which appellant only uncovered after the limitations period had expired, then estoppel might apply to him. If appellee U.S.P.S. had been aware of the affair, but hidden it from appellant, then estoppel might apply to it. On the contrary, appellant's own allegations suggest that the romantic relationship between Lehr and appellee Bonilla was known during the course of the investigation. Therefore, the Court has to look at whether a reasonable person, under those same circumstances, would have believed that an investigation into appellee Bonilla would have resulted in a favorable outcome for appellant. Clearly, a reasonable person would have had, at the very least, grave misgivings about the outcome of such an investigation and would not have relied upon the fact that an investigation was occurring to prevent her from filing a discrimination claim.

The only other possible source of an estoppel claim is the fact that appellant met with a counselor who failed to file her employment discrimination claim against appellees. Perhaps the facts support a filing of a discrimination claim and the counselor's behavior was inappropriate. Moreover, it is possible that appellant believed that her discussion with the counselor would lead to a claim being filed within the statutory period, although her decision to delay speaking with a counselor until the statutory period had almost expired seems as if she was not protecting her rights. However, the question is whether the appellees engaged in behavior that would have prevented her from filing her claim. Even if the counselor's behavior kept appellant from filing a private lawsuit, there is no reason to believe that appellees were, in any way responsible for the counselor's behavior. They cannot be equitably estopped from bringing a statute of limitations defense by the behavior of a third party who was not under their control.

When examining equitable estoppel, it is also appropriate to look at laches. Laches is the "negligent and unintentional failure to protect one's rights." Elvis Presley Enter., v. Elvisly Yours, Inc., 936 F.2d 889, 894 (6th Cir. 1991). Laches has two elements. First, there must be an unreasonable delay in asserting one's rights and second, there must be prejudice to the defending parties. EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436, 437 (6th Cir. 2006). The Court has specifically held that employers can use a laches defense when faced with discrimination claims; "in addition to other equitable defenses, therefore, an employer may raise a laches defense, which bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 121-122.

Appellant would like to characterize her request for equitable estoppel in such a way that it appears that she is barred by just a few days from bringing her discrimination claim. In some ways this is true, but she also wants to allege a systemic pattern of discriminatory behavior by appellee Bonilla that goes back for years of employment. She failed to file her claim, either as a lawsuit or with the EEOC during that extended period of harassment. Moreover, she acknowledges that she was only transferred to appellee Bonilla's supervision after an unfavorable review when she was in another position. It certainly appears that her employment behavior for several years would be at issue in the lawsuit and that appellees would need to be able to provide substantiation of their claims about her behavior, particularly claims made in her employment evaluations, as part of their defense. The time delay in bringing suit would make this much more difficult for appellees.
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Legal Aspects of Contracts

Words: 1286 Length: 4 Pages Document Type: Essay Paper #: 17458043

Construction Case Study

Case Overview

Oliver Owner has decided that it would be a good investment to build a large suburban office building on some unimproved land that currently owns. However, since he does not know much about construction, he has hired a professional project manager firm, CMI, to manage the project. However, when Mr. Owner was away for personal reasons, CMI exercised its authority to select an electrical contractor from three pre-authorized contractors that were selected. When Mr. Owner returned, he accused CMI of exceeding its authority by signing a contract with the electrical firm on his behalf. Other problems also arose from the contracts related to the electrical work to be done of the suburban office project such as a request to retract a proposal as well as a misunderstanding about what the security deposit that the contractors entailed. This analysis will provide a brief background in legal…… [Read More]

References

CMAA. (2011). An Owner's Guide to Construction Program Management. Retrieved from CMAA Net: http://cmaanet.org/sites/default/files/files/Owners%20Guide%20Ver%209-2011.pdf

MacDonald. (2010, July 31). Understanding the Pros and Cons of Standard Form Construction Contracts. Retrieved from MacDonald Illig Attorneys: http://www.macdonaldillig.com/understanding-the-pros-and-cons-of-standard-form-construction-co.html

Procurement Notices. (2015, December 24). C.M.A.A RFP. Retrieved from Procurement Notices: http://procurement-notices.undp.org/view_file.cfm?doc_id=71297

The American Institute of Architects. (N.d.). Contractors. Retrieved from The American Institute of Architects: http://www.aia.org/contractdocs/forcontractors/
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Undertaking Legal Research

Words: 576 Length: 2 Pages Document Type: Essay Paper #: 32129769

Legal research as Putman and Albright (2014, p. 335) point out "is the part of legal analysis that involves finding the law that applies to the legal question raised by the facts of a client's case." As the authors further point out, there is no magic formula when it comes to the conduction of legal research. There is no 'one best way' of conducting legal research. It is with this in mind that I develop my own three step legal research strategy.

My Three (3) Step Legal esearch Process

Analysis and Planning

As far as legal research is concerned, Elias (2012, p. 69) is of the opinion that one ought to have a clear idea of that which he or she would want to accomplish. In this particular stage, I would concern myself with not only the identification of the case's key facts, but also the establishment of the various…… [Read More]

References

Elias, S. (2012). Legal Research: How to Find & Understand the Law (16th ed.). Berkeley, California: Nolo.

Putman, W. & Albright, J. (2014). Legal Research. Stamford, CT: Cengage Learning.

Yelin, A.B. & Samborn, H.V. (2008). The Legal Research and Writing Handbook: A Basic Approach for Paralegals (5th ed.). New York, NY: Aspen Publishers Online.
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Cremation Serves and Legal Issue

Words: 615 Length: 2 Pages Document Type: Essay Paper #: 72548888

Legal Issues in Cremation

Annotated Bibliography

The sources listed in this annotated bibliography provide a beginning body of information about the legal issues that emerge when a cremation is not carried out according to the wishes of the family or the deceased. The resources provide information about failed cremation that was due to negligence on the part of the official licensed to provide cremation services.

Two of the research questions are: What are the regulations about licensing and inspections of crematoria in various states? In which states does the law make it crime to negligently dispose of a body?

illigan, T.S. (2013, November 15). Hawaii Adopts NFDA's Model Right of Disposition Law. The Director. National Funeral Directors Association (NFDA). Retrieved

http://nfda.org/government-relations-/current-funeral-service-issues/3824-hawaii-adopts-nfdas-model-right-of-disposition-law.html

This article is useful as it explains the legal problems that can emerge when a state (such as Alaska and Hawaii) do not have a right of disposition law.…… [Read More]

Goldwasser, J.W. (Rabbi (2014). How can a Jewish cemetery permit the burial of cremated ashes on sacred ground? About.com.

This is an informative article on cremation under Jewish law. Most traditional authorities forbid the burial of ashes in a Jewish cemetery because it encourages the practice of cremation. Some traditional authorities do allow ashes to be interned because to deny burial would itself be a violation of the command to bury.

[Type text]
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Religion vs LGBT

Words: 928 Length: 3 Pages Document Type: Essay Paper #: 68013995

Legal Brief -- Altman v. Minn. DOC

Altman v. Minnesota Department of Corrections -- 251 F.3d 1199 (8th Circuit 2001)

Type of Action

The case as heard in this legal brief is an appeal of a lower court's decision. The appeal was heard by the Eight Federal Circuit Court of Appeals. The case was an argument on behalf of Altman and his coworkers, who were co-plaintiffs in the case, that they had a right under the First Amendment to read their Bibles during mandatory training sessions. The decision being appealed was a summary judgement issued by the District Court of Minnesota where it was held that the employees conducted rpresented speech on matter of public interest, that fact issues remained as to the state's motives in imposing the sanctions and that the state did not impose a significant burden on the employees' exercise of religion.

Facts of the Case

Altman…… [Read More]

References

Berkeley Center. (2014, June 11). Altman v. Minn. Dept. Of Corrections. Altman v. Minn.

Dept. Of Corrections. Retrieved June 11, 2014, from http://berkleycenter.georgetown.edu/resources/cases/altman-v-minn-dept-of-

corrections?q=

FindLaw. (2014, June 11). ALTMAN v. MINNESOTA DEPARTMENT OF
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Law Business Case Brief Case

Words: 923 Length: 2 Pages Document Type: Essay Paper #: 92748676

It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.

Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]

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Appellant Brief - Prisoners' First

Words: 3496 Length: 13 Pages Document Type: Essay Paper #: 38213927

M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.

C. RIPENESS

AUTHORITY

The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real…… [Read More]

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Briefing the Legal Cases

Words: 1125 Length: 3 Pages Document Type: Essay Paper #: 94852164

hotel sent the security guard on duty to check on Gonzalez in his hotel room. The defendant rebuffed to open the door. The security guard heard the sound of breaking glasses and the high television volume. This prompted the hotel to summon Laredo Police Department to assist in carrying out investigations. The hotel staff did not appeal the police to take Gonzalez into custody. In the other case, Michael Evans arrived at the club with his companions; he unknowingly groped Ms. Niland who later instructed the security officer to arrest him.

Nonetheless, in the second case, Michael Evans had number of associates including, Chad Sorrell, Bernard Lynch, and Dan Lechner. They witnessed the event at the club as opposed to the first case where Gonzalez was alone studying in his hotel room in preparation for the forth-coming Texas Import/Export examination.

In the first case, due to lack of sufficient evidence…… [Read More]

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Gilbert Law's Legal Writing Research

Words: 1593 Length: 5 Pages Document Type: Essay Paper #: 21760968



After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…… [Read More]

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Mapp v Ohio Case Briefs

Words: 646 Length: 2 Pages Document Type: Essay Paper #: 24472764

Mapp v. Ohio

Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to conduct a search in regard to the same. The petitioner, after consulting with her attorney, refused to let them in because they did not have a warrant to that effect. The officers left, but returned several hours later holding up a sheet of paper that they claimed was a search warrant. They forcibly made their way into the house, conducted a thorough search, and seized a trunk containing obscene materials in the basement. They then charged the defendant for the possession of obscene materials in violation of state law. The defendant filed an appeal on grounds that the search conducted by police in her boardinghouse violated the…… [Read More]

Works Cited

Case Briefs. "Mapp v. Ohio." Case Briefs, 2014. Web. 17 November 2014 http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/searches-and-seizures-of-persons-and-things/mapp-v-ohio-3/2/

Ranney, James. "The Exclusionary Rule -- the Illusion vs. The Reality." Montana Law Review 46.2 (1985): 289-305.
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Ethical and Legal Perspectives in

Words: 1275 Length: 3 Pages Document Type: Essay Paper #: 34717617



A deposition is "conducted by parties to a legal action to obtain information that cannot as readily be learned through written records or general investigation. During a deposition, the lawyer for one side orally questions a witness on the opposing side. In addition to the defendants named in a lawsuit being deposed, others called to deposition can be fact witnesses" (Preparing for a deposition, 2011, World Law). Above all, preparation is an essential component of preparing for a deposition. Before entering into the deposition the administrator should consult with the attorney about the specifics of the case and the law as they pertain to the issue at hand. Answers should not be memorized to likely questions, but the administrator should be aware of key talking points he or she wishes to communicate.

eferences

Meyer, C. (2013). Discovery. About.com. etrieved:

http://divorcesupport.about.com/od/yourlegalrights/ss/discovery_prose.htm

Preparing for a deposition. (2011). World Law. etrieved:

http://www.worldlawdirect.com/article/1020/preparing-deposition.html

Second…… [Read More]

References

Health care reform and health it stimulus: ARRA and HITECH (2009). AHIMA.

Retrieved: http://www.ahima.org/advocacy/arrahitech.aspx#difference
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Newcorp Legal Encounter What Liabilities and Rights

Words: 871 Length: 3 Pages Document Type: Essay Paper #: 45977850

NewCorp

Legal Encounter

What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?

NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of the problem and put through a corrective plan to improve his shortcomings before dismissal. Nevertheless, this is a case of implied contract where there is lack of clause clarifying that the policy is not intended to include employment affiliations (Cheeseman, 2010). The employment-at-will doctrine allows the employer to dismiss employ at will; however, in this case NewCorp violated their own guidelines showing poor ethics in the decision to terminate Pat's employment.

Wrongful discharge is supported by the…… [Read More]

References

Cheeseman, H.R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues . PrenticeHall.

Cheeseman, H.R. (2010). EMPLOYMENT, WORKERPROTECTION, AND IMMIGRATION LAWS. In Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition (pp. 486-510). Retrieved from University of Phoenix

Grossman, J. (2003, January 28). IF employers don't provide insurance covering fertility, are they guilty of sex discrimination? A federal appeals court says no. Retrieved January 26, 2009 from  http://writ.news.findlaw.com/grossman/20030128.html 

Jennings, M.M. (2006). Business: Its legal, ethical, and global environment. Mason, OH: Thomson.
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Whitt V Teeter American Business Legal Environment

Words: 1880 Length: 4 Pages Document Type: Essay Paper #: 24430096

Whitt v Teeter

American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer goods. In the United States, unlike some other countries, commercial law is part of the purview of the U.S. Congress and the civil codes that govern laws between the states. This template came about based on needing to establish some sort of legal venue that would transcend individual state's jurisdictions so that goods could be transported between states and still have legal protection (Commercial Law, 2010). Many efforts have been made to create a more unified, "national" code that…… [Read More]

REFERENCES

Commercial Law. (2010). Cornell University Law School Legal Information Institute. Retrieved from: http://www.law.cornell.edu/wex/Commercial_law

How the Legal System Works. (2012). Find Law. Retrieved from: http://public.findlaw.com/abaflg/flg-2-2a-4.html

Introduction to the Court System. (2003). Syracuse University College of Law. Retrieved from: http://www.law.syr.edu/Pdfs/0Intro%20Court%20System.pdf

Is Workplace Sexual Harassment on the Rise? (April 16, 2010). SHRM Poll Online.
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Terrorism and the Legal System

Words: 657 Length: 2 Pages Document Type: Essay Paper #: 60464120

Hamdan v. umsfeld

Hamdan v umsfeld

Case Name and Citation: The name of the case is Hamdan v. umsfeld, 548 U.S. 557 (2006). Salim Ahmed Hamdan is a Yemeni national, who was captured in Afghanistan in 2001. He is accused of providing material support to terrorists and was transferred to Guantanamo Bay, Cuba. In 2002, the Bush Administration declared him to be an enemy combatant. They determined that he would stand trial before a military tribunal. However, several years have passed and he has not been allowed to consult with legal counsel. The result is that the proceedings are delayed which keeps him confined at the facility indefinitely. Donald umsfeld was the Secretary of Defense and is responsible for the administration of the prison. [footnoteef:2] [2: Hamdan v. umsfeld, 548 U.S. 557 (2006)]

Facts: Hamdan was captured by militia forces in Afghanistan and was turned over to the U.S. military…… [Read More]

References

Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
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Psychological Testing Ethical and Legal Use of

Words: 1185 Length: 3 Pages Document Type: Essay Paper #: 60730390

Psychological Testing

Ethical and legal use of psychological testing has a significant impact on the standards and practices of psychological testing to demonstrate intervention for those being tested. The purpose of the ethical boundaries of psychological testing is to ensure that clinicians are utilizing the best test possible and then applying the results ethically to demonstrate assistance with diagnosis and intervention modes in a way that best meets the needs of the subject. This work will discuss the ethical application and utilization of psychological testing instruments to demonstrate the best possible outcomes and interventions for subjects in a way that recognizes tests strengths and limitations and ultimately leads to the appropriate and essential answers needed to aid people with diagnosis and treatment objectives. There are a significant number of psychological tests at the disposal of clinicians and they are in a constant state of revision by the entities that develop…… [Read More]

References

Emanuel, E.J., & Menikoff, J. (2011). Reforming the regulations governing research with human subjects. The New England Journal Of Medicine, 365(12), 1145-1150. doi:10.1056/NEJMsb1106942

Green, B., Li, L., Morris, J., Gluzman, R., Davis, J.L., Wang, M., & Katz, R.V. (2011). Detailed knowledge of the Tuskegee Syphilis Study: Who knows what? A framework for health promotion strategies. Health Education & Behavior, 38(6), 629-636. doi:10.1177/1090198110391529

Hogan, T.P. (2007). Psychological testing: A practical introduction (2nd ed.). Hoboken, NJ: Wiley.

Nagy, T.F. (2011). Ethics in psychological assessment. In T.F. Nagy (Ed.), Essential ethics for psychologists: A primer for understanding and mastering core issues (pp. 171-183). Washington, DC U.S.: American Psychological Association. doi:10.1037/12345-009
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short answer legal case

Words: 416 Length: 2 Pages Document Type: Essay Paper #: 58820882

Columbia Rules of Professional Conduct (RPC)

Fee splitting Agreement between Mr. Dark and Mr. Pasada

(i) Is the fee-splitting agreement between Mr. Pasada and Mr. Dark enforceable?

No, unfortunately for Mr. Pasada the fee-splitting agreement is not enforceable under Rule 701.2 (g) of the Columbia Rules of Professional Conduct (RPC). This rule is intended to protect the client and is not the right argument to be made for a lawyer's protection by Mr. Pasada in these circumstances.

(ii) Did the letter signed by Mr. Tomas constitute consent?

No, this letter does not constitute consent. Mr. Tomas's signature on the letter merely acknowledges that he received it, read it, and understood its contents. The letter does not ask for consent to the agreement, nor does it imply that Mr. Tomas has consented in any way; it merely established that the letter was received.

What was the legal effect of the memo…… [Read More]

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Case Brief for U S v Arvizu 534 U S 266 2001

Words: 977 Length: 3 Pages Document Type: Essay Paper #: 91921871

easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)

Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)

Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.

Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…… [Read More]

References

U.S. v. Arvizu, 534 U.S. 266 (2001)

U.S. Const. amend. IV
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Mris Legal and Scientific Review

Words: 5397 Length: 20 Pages Document Type: Essay Paper #: 2692818

There are three types of stimuli used, which are:

1) Targets;

2) Irrelevant; and 3) Probes.

These are used "in the form of words, pictures, or sounds..." which a computer presents for a second or even a partial second. Incoming stimulus, if it is worth noting, results in a P-300, which is an electrical brain response. The P-300 is part of a MERMER or a memory and encoding related multifaceted electroencephalographic response, which is a larger brain response.

Originally event related potentials (ERP) was the method used for studying brain activity information processing. The limitation of the ERP is that it causes elimination of all patterns that are complex and results in the meaningful signals also being lost. The multifaceted electroencephalographic response analysis or MERA was developed due to the limitation of the ERP. Farwell found that incorporation of this technique resulted in the elicitation of MERMER when the individual…… [Read More]

Bibliography

Taylor, Erich (2007) a New Wave of Police Interrogation? Brain Fingerprinting, the Constitutional Privilege against Self-Incrimination and Hearsay Jurisprudence

WWW.jltp.uiuc.edu/works/Taylor.htm

Pope, Harrison (nd) the Emperor's Tailoring. FMS Foundation Newsletter. Online available at http://www.fmsfonline.org/fmsf96.d31.html

Stetler, Russell and Wayland, Kathleen (2004) Capital Cases - Dimension of Mitigation. June 2004. Online available at http://209.85.165.104/search?q=cache:8FdkQI0WFDsJ:www.fd.org/pdf_lib/Capital%2520CasesDimensions%2520of%2520Mitigation%2520Stetler.pdf+MRI:+forensics,+determination+of+guilt+or+innocence&hl=en&ct=clnk&cd=50&gl=us.
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Employment Law Legal Risk and

Words: 1069 Length: 3 Pages Document Type: Essay Paper #: 80155686

Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.

Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).

Scenario 3:

NewCorp has a strong case that…… [Read More]

References

Consumer Law: What is a contract? (2009). Paralegal Advice. Retrieved January 10, 2009 at http://www.paralegaladvice.org.za/docs/chap11/02.html

Employment at will. (2009). Nolo. Retrieved January 10, 2009 at http://www.nolo.com/legal-encyclopedia/article-30022.html

Fetal rights. (2009). Law Library. Retrieved January 10, 2009 at  http://law.jrank.org/pages/6853/Fetal-Rights-Fetal-Protection-Policies.html 

Worker rights. (2009). Retrieved January 10, 2009 at OSHA. http://www.osha.gov/as/opa/worker/rights.html
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Starting Point for This Legal

Words: 836 Length: 3 Pages Document Type: Essay Paper #: 83329378

It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the measure of damages. As Ms. Buffet made no effort to play with the dog or otherwise interact with him the issue of the warning should have little impact on the case but it is something that must be considered.

II. Doctrine of Comparative Negligence Will Mitigate Damages

Assuming arguendo that the Plaintiff can prove negligence by the Defendant she must overcome the tenets of the Comparative Negligence doctrine.

As Florida follows pure comparative negligence she might still be able to recover damages but they would be diminished by how the contribution of fault is measured by the jury. For example, if the jury…… [Read More]

Hoffman v. Jones, 280 So.2d 287 (Fla. 1977)

Bessett v. Hackett, 66 So. 2d 694 (Fla. 1953)

Restatement of Torts (Second) §463
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Briefing Case Law Case Brief

Words: 456 Length: 2 Pages Document Type: Essay Paper #: 36820896



he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated that INA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.

Holding of the Court

he Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of INA, which was intended to avoid excessive waste of taxpayer dollars, was already a…… [Read More]

The Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of TINA, which was intended to avoid excessive waste of taxpayer dollars, was already a "deeply ingrained" principle of procurement policy. Obligatory Congressional enactments govern federal contracts and there was a clause within the contract noting that procurement regulations issued under statutory authority would affect the terms of the contract. Given case law (including the Christian precedent) combined with the UCSF's history as a seasoned government contractor, both law and circumstance weighed against the hospital and in favor of the Veteran's Administration.
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Company Law Brief Synopsis of the Situation

Words: 1733 Length: 6 Pages Document Type: Essay Paper #: 72959712

Company Law

Brief synopsis of the situation

Jane is the Marketing Manager of Prints Pty Limited. She has recently made some purchases on company account including leasing a new car, a photocopier, a reconditioned printing press and photo copy paper supply. While all the other purchases were made by Jane on her own discretion, the printing press was co-signed by John, part owner of Prints Pty limited.

John tells Jane that while he would reluctantly accept the purchase of photocopier and paper, Jane will have to pay for her own car. Upon hearing this, Jane resigns immediately leaving Mark with the decision to look into the purchase of the printing press. The company wants to cancel this purchase as John had no authority to purchase anything on company account. Mark is now wondering if he is liable for any of these purchases.

Company policies:

The company constitution clearly indicates that…… [Read More]

Reference

Kaufman, Steve. (1992) See you out of court. Nation's Business
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Amicus Brief That I Examined for This

Words: 650 Length: 2 Pages Document Type: Essay Paper #: 59093609

Amicus Brief that I examined for this particular assignment is entitled "Floyd v. Cain." It largely functions as a means of providing evidence that people may falsely confess to crimes for a multitude of reasons. Therefore, it implies that not all convictions are actually true, particularly those in which false confessions may have been involved.

This particular brief was written due to a legal matter involving John Floyd, who has spent approximately the past 30 years in prison largely due to his confession to a charge of murder. There are several mitigating factors pertaining to this particular case, most noticeably the fact that Floyd "has a full scale IQ of 59 and, at age 60, reads at the level of a second grader" (APA, 2013). At the time that the American Psychological Association (APA) prepared this brief, there was new evidence in Floyd's case that he may have falsely confessed.…… [Read More]

References

American Psychological Association. (2013). "Floyd v. Cain." www.apa.org. Retrieved from http://www.apa.org/about/offices/ogc/amicus/floyd.aspx

Haedicke, S.J. (2010). "Brief of Amicus Curae the American Psychological Association in support of petitioner John Floyd." American Psychological Association. Retrieved from  http://www.apa.org/about/offices/ogc/amicus/floyd-v-cain-brief.pdf
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Insider Trading Legal and Ethical

Words: 2839 Length: 8 Pages Document Type: Essay Paper #: 69554789

Even if he hints around in a non-direct way that his friends should sell their stock without coming out and saying it, he may be guilty of insider trading because the information on the merger has not yet been made known to the public.

This is unethical and what the corporate officer should steer the conversation in a different direction and if his friends insist on continuing to ask questions he should firmly, but politely tell them he is not allowed to discuss personal company information with them.

Likewise, an employee has a certain amount of fiduciary responsibility if he knows that there are fraudulent practices happening at the corporation. If the employee knows that there is insider trading or if he knows that the accounting practices the corporation is using are dishonest, then he has an obligation to report what he knows. Some employees, especially if they do not…… [Read More]

Bibliography

Hoffman, Drew, "Martha Stewart's Insider Trading Case: A Practical Application Rule of 2.1," The Georgetown Journal of Legal Ethics 20, no. 3, (2007): 707-717.

James, Randy, "A Brief History of Insider Trading," Time, November 9, 2009. http://www.time.com/time/business/article/0,8599,1936562,00.html (accessed August 9, 2010).

Jennings, Marianne, "The Lessons from Galleon Hedge Fund and the Insider Trading Ring," Corporate Finance Review 14, no. 5, (2010): 43-46.

Khan, Walayet A. And Asjeet S. Lamba, "The Effectiveness of Legal Sanctions in Curtailing
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A Brief Overview of the

Words: 388 Length: 1 Pages Document Type: Essay Paper #: 44940819

Though
this is, of course, never the case, anti-stem cell research activists
affiliate this issue as a slippery slope with the abortion issue.
However, to my perspective, this is an incredibly inhumane
politicization of a prospect which could save many lives and reduce much
suffering. Obstruction to advancement in this field are short-sighted and
cruel. The condition of cystic fibrosis is a good example of a condition
where the effective use of embryonic stem cell research would be considered
a means to reducing much pain in its sufferers. Here, the dysfunction of
the secretory glands creates excessive mucous production and can result in
life-shortening respiratory and developmental issues. If embryonic stem
cells are differentiated and transplanted to produce healthy, functional
secretory glands in the sufferer, this serious and distressful condition
could be diminished in presence.
This denotes the potentially broad-based benefits to pushing forward
with research, in spite of the…… [Read More]

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Padilla V Hanft Case Brief

Words: 792 Length: 2 Pages Document Type: Essay Paper #: 18417733

391).

Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a writ of certiorari in the highest court in the land a moot point.

The question before the Court of Appeals was whether the President of the United States had the constitutional authority to detain a United States citizen who was allegedly associated with al Qaeda, a known terrorist organization that the United States was at war with.

The Judge who ultimately penned the Court of Appeals' opinion, Luttig, was joined by Judges Michael and Traxler (2005) and wrote:

The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is…… [Read More]

References

American Civil Liberties Union of Virginia. (2006). Padilla v. Hanft.

Retrieved from  http://www.acluva.org/docket/padilla.html .

Judge Luttig, and Judges Michael and Traxler. (2005). Padilla v. Hanft, 423 F. 3d 386 - Court of Appeals, 4th Circuit. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=4248615015622681524&q=Padilla+v.+Hanft,+423+F.3d&hl=en&as_sdt=2,44&scilh=0

Rumsfeld v Padilla. (2004). Rehnquist, William, C.J., Sandra Day O' Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=15130484144621962379&q=Rumsfeld+v.+Padilla,+542+U.S.+426+(2004)&hl=en&as_sdt=2,44.
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Moral Legal Political and Practical

Words: 9721 Length: 22 Pages Document Type: Essay Paper #: 27501741

The line of legitimacy, separating socially approvable use of force from violence, cannot be effectively drawn without an agreement on what constitutes the optimum amount of force necessary to maintain social order and to protect human rights against encroachment. A society subscribing to infinite morality which condemns all use of force as immoral is doomed no less than a society accepting the absolute pragmatism of tyrants. "

As Oleg Zinam proposes, these two extreme social attitudes to morality are equally unprofitable to the societies that adopt them. The attitude of absolute pragmatism can easily lead to the acceptance of political assassinations, as long as such acts may help the final political purpose. An example of absolute pragmatism can be the regime initiated by Hitler, who ordered the extermination of all Jews in an attempt to "purify" the human race by excluding anyone who did not fill in the Arian ideal.…… [Read More]

Works Cited

Ben-Yehuda, Nachman. 1997. Political Assassination Events as a Cross- Cultural form of Alternative Justice.

International Journal of Comparative Sociology, Vol.38: 25-30.

Feliks, Gross. 1974. The Revolutionary Party. Essays in the Sociology of Politics. Westport: Greenwood

Press.
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Crimes Compared to Legal Crimes

Words: 1054 Length: 4 Pages Document Type: Essay Paper #: 43575581

Prostitution is sex between two willing adults and one of the adults pays the other adult for that sex.

While it is illegal to be the prostitute or the John it shouldn't be. Both are adults, that is not illegal, both are engaging willingly is sex, that isn't illegal, and one hands the other one money. If the John handed the prostitute money without getting sex, he would not be breaking the law. If the prostitute slept with one man, called him her boyfriend and the only thing he asked is that she maintain her figure and be available for Friday night visits, and in exchange he paid all of her bills it would not be illegal. But if that same woman decides to sleep with a dozen men a month and let them each contribute to her bill fund that makes her a criminal. The bottom line is one…… [Read More]

References

Eggen, Dan (2003) Major Crimes Rose Slightly, FBI Reports; Incidents Up in Suburbs, Down in Cities. The Washington Post

Marshall, Gordon (1998) victimless crime

Dictionary of Sociology

Walker, Bruce (2002) Reparations, Moral Crimes, and Real Justice (accessed 7-30-06)
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Termination Legal Ethical Issues Termination

Words: 1085 Length: 3 Pages Document Type: Essay Paper #: 59825604

"One way to help to insulate your company from lawsuits is to offer severance payments in exchange for a release of any claims that the employee could bring against the company or its employees" (Blinn 2009). However, a more effective approach than keeping inefficient employees may simply be to have a strong company policy about discrimination. A zero-tolerance policy for harassment, a proactive approach to diversity, and actively recruiting individuals from a wide variety of backgrounds ensures that when layoffs occur, they are less likely to unfairly penalize one group more than another group.

To avoid legal complications requires scrupulous record-keeping and clear policies about terminating workers. These policies should be articulated as part of the hiring process. These should be in place before the need for any terminations occur for the employees in question. "Develop reasonable standards of conduct and provide them to your employees in writing…You should also…… [Read More]

Works Cited

Blinn, Bridget. (2009, February 9). Protective steps to follow when cutting your workforce.

Forth Worth Business Press. Retrieved September 21, 2009 at http://www.fwbusinesspress.com/display.php?id=9483

Employee termination: Things to consider. (2009). Small business notes.

Retrieved September 21, 2009 at http://www.smallbusinessnotes.com/operating/hr/termination/termconsider.html
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Indian Legal Environment Foreign Companies Introduction Today

Words: 1309 Length: 4 Pages Document Type: Essay Paper #: 36667269

Indian Legal Environment Foreign Companies Introduction Today, International Businesses buy sell, India. It essential a foreign company planning enter India, understand culture, traditions peoples' mindset.

Conflict in Employment elations

The issue of conflict in employment relations presents great importance to companies because of the effects it has on the activity of employees and on the performance of the company. There are several types of organizational conflicts. The most important types of conflict are represented by individual, collective, overt, covert, and others. Based on the paradigms that these situations refer to, conflicts can be industrial, like strikes, breaches, misbehavior, sabotage, and resistance. The numerous causes of organizational conflicts lead to different types of conflicts and strategies used in these cases.

Job egulation Paradigm

Conflicts in job regulation are important because they help reach a level of stability and balance in the system. This objective can be reached by identifying different interests…… [Read More]

Reference list:

1. Gardner, M. & Palmer, G. (1997). Employment Relations. Retrieved June 24, 2012 from http://books.google.ro/books?id=3ol8ZFDn5esC&printsec=frontcover&dq=employment+relations&hl=ro&sa=X&ei=v0nnT93DBo6SswaW0IzgAQ&ved=0CDkQ6AEwAQ#v=onepage&q=employment%20relations&f=false.

2. Cappelli, P. (2008). Employment Relationships: New Models of White Collar Work. Cambridge University Press. Retrieved June 24, 2012 from http://books.google.ro/books?id=Kz8O9cEcFU8C&printsec=frontcover&dq=employment+relations&hl=ro&sa=X&ei=v0nnT93DBo6SswaW0IzgAQ&ved=0CFMQ6AEwBQ#v=onepage&q=employment%20relations&f=false.

3. Gennard, J. & Judge, G. (2005). Employee Relations. Chartered Institute of Personnel and Development. Retrieved June 24, 2012 from http://books.google.ro/books?id=FuUmIixUldwC&printsec=frontcover&dq=employment+relations&hl=ro&sa=X&ei=v0nnT93DBo6SswaW0IzgAQ&ved=0CFkQ6AEwBg#v=onepage&q=employment%20relations&f=false.

4. Pot, F. (2000). Employment Relations and National Culture. Edward Elgar Publishing Ltd. Retrieved June 24, 2012 from http://books.google.ro/books?id=-acyy7yNYgUC&printsec=frontcover&dq=employment+relations&hl=ro&sa=X&ei=107nT5_LIIPUtAbG1dyQAQ&ved=0CD8Q6AEwAjgU#v=onepage&q=employment%20relations&f=false.
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Ohio Case Brief Mapp v

Words: 1817 Length: 6 Pages Document Type: Essay Paper #: 39118054



K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…… [Read More]

Works Cited

Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
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Landmark Legal Cases Implications for the Counseling Field

Words: 893 Length: 3 Pages Document Type: Essay Paper #: 94572732

Landmark Legal Cases, Informed Consent:

Implications for the Counseling Field

Many seek counseling each year and do not understand what services are offered, or even that the counselor they see is required by law to maintain the confidentiality of the conversation that the two of them are going to have. These issues have been clouding in the past and have led to many court cases that have helped counselors in every state outline exactly what is required of the document. The American Counseling Association (ACA), and the associations of the different states, have specific ethical guidelines which require members to provide new clients with an informed consent document to sign. State and federal legal cases have shown the need for a document which spells out what the counseling services of a particular practice are, what confidentiality is, and oftentimes how the counseling services will be paid (Walsh & Dasenbrook, 2005).…… [Read More]

References

American Counseling Association. (2005). Code of Ethics. Alexandria, VA: Author.

Bussey, G.D. (1995). Informed consent: Its legal history and impact on medicine. Hawaii Journal of Medicine, 54(4). 469-471.

Walsh, R.J., & Dasenbrook, N.C. (2005). Implementing informed consent. ACA.

Wilder. J. (2000). The ethical question -- informed consent. Medscape Today. http://www.medscape.com/viewarticle/414664_2
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Ecumenism A Brief History Ever Since the

Words: 1627 Length: 5 Pages Document Type: Essay Paper #: 11127340

Ecumenism: A brief history

Ever since the beginnings of the history of Christianity, there have been profound divisions within the faith regarding the best and right way to profess one's belief in Jesus Christ. The Apostle Paul speaks of the division between those who believed that it was necessary to follow the practices of the ancient Hebrew in the form of Mosaic Law to be a Christian, versus those who did not; there were also divisions between the Gnostics (who believed that the material world was inherently evil) versus what we would call today the more orthodox Christians who rejected the Gnostics as heretics. Although the intensity of these controversies (such as the notion of whether God was conceptualized as a trinity, the legitimacy of particular popes, and eventually the split between estern and Eastern Christianity) waxed and waned in the Middle Ages, divisions once again were ripped open with…… [Read More]

Works Cited

Campbell, David, E, & Putnam, Robert, D. "America's grace: How a tolerant nation bridges its religious divides." Political Science Quarterly, 126.4 (2011), 611-640.

Grundy, Terry. "First Anglican bishops join Catholic Church under new structure." Christian

Century. 14 Jan 2011. [1 Mar 2013]

 http://www.christiancentury.org/article/2011-01/first-anglican-bishops-join-catholic-church-under-new-structure
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Moral Legal Political and Practical Dimensions of Assassination

Words: 2241 Length: 7 Pages Document Type: Essay Paper #: 21465791

Corrections/Police Intelligence

The Moral, Legal, Political, and Practical Dimensions of Assassination

Murder: The killing of a political leader or other public figure by a sudden violent attack. Destruction of something: the destruction of something such as somebody's reputation by malicious or treacherous means.

(http://encarta.msn.com/dictionary_/assassination.html)

In the wake of the September 11, 2001, terrorist attacks on the New York World

Trade Center and the Pentagon, some attention has been focused upon the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11, and whether it would prohibit the United States from responding to the attacks by targeting those who orchestrated these acts of terrorism. In considering the challenges involved in effectively combating terrorism and protecting the United States from future terrorist attacks, there has been wide-ranging debate as to what approaches might be beneficial. Part of that discussion has centered around whether assassination of terrorist leaders is, or should be, one…… [Read More]

References:

Bazan, E.B. 2002. Assassination Ban and E.O. 12333: A Brief Summary. CRS Report for Congress, Congressional Research Service Web, Library of Congress.

Grossenbacher, R. 1993. Assassination in modern America: Political participation through a gun barrel? Western Michigan University: Kalamazoo, MI.

Johnson, F. 1903. Famous Assassinations of History: From Philip of Macedon, 336 B.C. To Alexandria of Servia, AD 1903. A.C. McClurg & Co.: Chicago.

Padover, S.K. 1943. Patterns of Assassination in Occupied Territory. The Public Opinion Quarterly, 7(4), 680 -- 693, Oxford University Press.
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Business Plan for Legal Nurse

Words: 1974 Length: 7 Pages Document Type: Essay Paper #: 92414386

This is further based on the following assumptions:

1. The company will charge $150 per hour for each client.

2. The company expects to spend at least 80 hours a year with each client.

3. The company expect to see at least 30 clients per year, which will generate a revenue of $150 x 30 x 80 = $360,000. For the purpose of this computation, this will be regarded as the selling price.

4. The company expects its yearly fixed costs to be $526,000. This fixed cost consists of the cost of staff remuneration, utility bills and advertising.

5. The company expects its variable costs to be about $344,000 a year, comprising of the cost of equipment servicing and maintenance, legal costs, and so on.

Given the above assumption, the company's yearly break-even point can be computed as follows:

The implication of the above computation is that LNS must service…… [Read More]

References

Graham J.R., Smart S.B., & Megginson W.L. (2010): Corporate Finance -- Linking

Theory to What Companies Do. Mason, OH: South-Western Cengage Learning.

Hubbard R.G., O'Brien a.P. (2009): Macroeconomics. Upper Saddle River, NJ: Prentice-

Hall
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Analyzing Law Policy and Management Brief

Words: 1648 Length: 5 Pages Document Type: Essay Paper #: 20626585

policy, law and management. It is based on a particular background that has been provided.

Law, Policy, and Management Brief: Models of Court-Agency Interaction

Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).

However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]

References

Administrative Law - Administrative Law. (n.d.). Administrative Agency Adjudications - Administrative Law. Retrieved June 12, 2016, from http://administrativelaw.uslegal.com/administrative-agency-adjudications/

Ansell, C., & Gash, A. (2007). Collaborative Governance in Theory and Practice. Journal of Public Administration Research and Theory,18. Retrieved, from http://sites.duke.edu/niou/files/2011/05/Ansell-and-Gash-Collaborative-Governance-in-Theory-and-Practice.pdf

Bazelon, D. (1976). The Impact of the Courts on Public Administration. Indiana Law Journal,52(1). Retrieved, from http://www.repository.law.indiana.edu/cgi/viewcontent.

(2008). SHRM Online - Society for Human Resource Management. Leadership Competencies. Retrieved June 8, 2016, from http://www.shrm.org/research/articles/articles/pages/leadershipcompetencies.aspx
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Women in Iraq Brief History

Words: 2169 Length: 6 Pages Document Type: Essay Paper #: 35367982

Once the practice of Islamic worship the women of that region began to be subjected to stricter codes, from marriage to dress and the risk of honor becoming an even greater issue grew. The terrorization by the Mongols and Turks was quite different from the terror under Saddam. The Mongols and Turks utilized slavery, rape, beatings and murder. Saddam instead took on an entirely different approach. His first goal was fear coupled with violence to maintain the plans he made for the society and culture. He was less about Islam and more about self-promotion and the glorification of Iraq. This type of leader is most like Josef Stalin of the Soviet Union. One never knew when or why you might be targeted.

Following the fall of the Ba'th government, the population of women in Iraq was at approximately 60%. They are a definite majority and should be in a better…… [Read More]

Works Cited

"AEI - Post-Saddam Iraq Conference Series." Welcome to AEI. Web. 7 July 2010. .

Chesler, Phyliss. "Are Honor Killings Simply Domestic Violence?" The Phyllis Chesler Organization. Web. 7 July 2010. .

Coleman, Isobel. "Women, Islam, and the New Iraq | Foreign Affairs." Home | Foreign Affairs. Web. 7 July 2010. .

"Culture in Post-Saddam Iraq:: Middle East Quarterly." Middle East Forum. Web. 7 July 2010. .
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Gucci Company Gucci a Brief History of

Words: 1418 Length: 4 Pages Document Type: Essay Paper #: 88674452

Gucci Company

Gucci

A Brief History of the Company

Gucci was founded in 1921 by Guccio Gucci. Gucci was an immigrant who worked in London and Paris. Because he worked in high-end hotels, he became enamored with the beautiful luggage he would always see. He returned to Florence, Italy, where he was born, and begin to sell fine leather goods from a shop in 1920 (Forden, 2000). The Gucci company was officially founded the next year. The workrooms were organized to handle industrial production, but the handcrafting remained. Soon there were additional shops throughout Florence, as well as ome and Milan (Bianchino, et al., 1987). The leather goods sold well because they were finely-crafted, but the leather was exchanged for cotton during WWII because of leather shortages (Bianchino, et al., 1987). The bags were marked with a signature Gucci logo. In 1953, offices were established in New York City. Jet-setters…… [Read More]

References

Bianchino, Gloria, et al., eds. Italian Fashion. Vol. 1, The Origins of High Fashion and Knitwear. Milan: Electa SpA, 1987.

Forden, Sara Gay. The House of Gucci: A Sensational Story of Murder, Madness, Glamour, and Greed. New York: William Morrow, 2000.

Horyn, Cathy. "Tom Ford Goes Out with a Roar." New York Times, 26 February 2004.

Steele, Valerie. Fashion, Italian Style. New Haven, Conn.: Yale University Press, 2003.
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MP3 Players Industry Brief History

Words: 5567 Length: 13 Pages Document Type: Essay Paper #: 33136762

The initial MP3 founders backed by the open source model coded the MP3 software that speeded up the recognition of the MP3 audio format. (Behind the Files: History of MP3) at the time of writing the code for MP3 format, an array of compression intensities can be programmed. To take an example, an MP3 made with 128 Kbit compression intensity will have enhanced sound reproduction quality and bigger file size compared to a 56 Kbit compression, hence indicating that lesser the compression intensity, the lesser the reproduction of sound quality. (What is MP3, How does it work, what is (MPEG)

This accounts for growing acceptance of the MP3 format music files with the Internet devoted music enthusiasts since it is the perfect medium for receiving music files through the Internet compared to WAV/AIFF files with takes much longer time to get downloaded. (What is MP3, How does it work, what…… [Read More]

References

Allbriton, Christopher. King of All MP3 Players. 2004. Retrieved at http://popularmechanics.com/technology/audio/2002/9/king_of_mp3_players/. Accessed on 30 September, 2004

Apple hits 100 million iTunes mark. July 13, 2004. Retrieved at http://www.abc.net.au/news/newsitems/200407/s1152412.htm. Accessed on 30 September, 2004

Blanchette, Kasie. Effects of MP3 Technology on the Music Industry: An Examination of Market Structure and Apple iTunes. April 23, 2004. Retrieved at http://www.holycross.edu/departments/economics/website/honors/blanchette_thesis.pdf. Accessed on 30 September, 2004

Brain, Marshall. How to Break Into the Music Business. Retrieved at http://www.mp3mall.net/php/howto.php?id=9. Accessed on 30 September, 2004
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Sexual Assault and Legal Standards

Words: 1289 Length: 4 Pages Document Type: Essay Paper #: 24733648

Commonwealth v. Berkowitz (1992)

Q1. Explain how the court came to the conclusion that the Pennsylvania rape statute required extrinsic force.
According to Pennsylvania law, rape may occur either by “forcible compulsion” or the threat of forcible compulsion which “would prevent resistance by a person of reasonable resolution” (“Commonwealth v. Berkowitz”). The Pennsylvania court interpreted this wording as meaning that direct, extrinsic force or the threat of such force was required for an act to constitute sexual assault.

Q2. LIST all the facts relevant to deciding whether Roberts Berkowitz’s actions satisfy the extrinsic force requirement.
Berkowitz pushed the victim down on his bed, straddled her, and ignored her statement that she wanted to meet her boyfriend and leave his room. When he lifted up her shirt and bra, the victim clearly said, “No.” Berkowitz then unzipped his pants and attempted to put his penis in the victim’s mouth. She verbally…… [Read More]

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Analyzing the Ethical and Legal Issues Depicted in the Movie John Q

Words: 806 Length: 2 Pages Document Type: Essay Paper #: 32160921

Ethical and Legal Issues Depicted in the Movie, John Q?

From beginning to end, "John Q" is a movie full of moral and ethical quandaries. It offers viewers a clear glimpse at private and public entities' obligation to engage in ethically-right routine decision-making for their respective communities. John lacked the required health insurance to cover his son's cardiac surgery expenses. The Hope Memorial Hospital, electing not to play a "Good Samaritan," does not agree to perform the surgery without being assured payment. Thus, John is faced with the moral quandary of accepting fate and readying for the funeral of his son (as suggested by Rebecca Payne, the Hospital's administrator), or somehow procuring the money needed. Given the urgency of his son's case, the second option is rather daunting. Ultimately, John ends up holding emergency room patients and staff members hostage, to ensure his son is catered to (angura, 2011).

Another…… [Read More]

Bibliography

Bangura, G. B.-L. (2011, August 28). ETHICAL ANALYSIS OF "JOHN Q" MOVIE. Retrieved from Bailama Dynasty:  http://bailamadynasty.blogspot.com/2011/08/ethical-analysis-of-john-q-movie.html 

HubPages. (2015, December 26). John Q Analysis: Ethical & Moral Dilemmas. Retrieved from hubpages.com: http://hubpages.com/entertainment/Morality-and-Ethics-in-John-Q