Use our essay title generator to get ideas and recommendations instantly
Trial Brief: NLV v. Eco
NLV Laboratories, Inc. v. Eco Compliance Corporation
Whether an existing dispute over an agreement should have precluded summary judgment.
NLV appealed the summary judgment, claiming that no accord and satisfaction could have existed unless full payment was received.
NLV argued that the mere existence of a dispute should have precluded a summary judgment.
NLV Laboratories billed Eco Compliance $42,754.50 for services rendered
Eco Compliance sent a check for $13,531.19, stating in writing that this amount represented full and final payment and difference from the bill was deducted for overcharges and negligence on a different project.
NLV responded by depositing the check sent by Eco and then demanding the balance owed in writing.
Eco refused to pay any more and NLV sued.
Eco presented an accord and satisfaction defense and a request for summary judgment based on this defense was granted.
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.…
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.
Major Subordinate Element
Depict Command Relationships
JTF-50 COA Presentation Format
DJMO C340 EXERCISE MATERIAL
Air and naval strikes, in coordination with Sof and Marine for Operation theater entry.
Additional forces are brought to the shore whenever it is necessary.
With control area being denied to enemy forces
That could be of a big threat to mine clearing operations.
With central areas denied to enemy forces that could threaten other areas, mine clearing operations commence in the Strait of Mormuz
With the straight being open, some of the forces that are ashore and then withdrawn.
Phase II-Seize Initiative
United States of America (plaintiff) v. amzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants)
amzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the United States in a federal district court for conspiring to bomb twelve American commercial airlines in Southeast Asia. Following his entry in Manila, Philippines in 1994, Yousef developed a plan for the attack which incorporated five people placing bombs aboard the aircraft and exiting them at their first layoff. Together with other people, Yousef tested the plan on two incidents by placing smaller bombs in other aircrafts. This plan was discovered when the three accidentally started a fire when burning chemicals in the Manila apartment. The area police arrived at the scene and found plans to carry out the attacks on Yousef's computer as well as components for developing a…
"Ashcroft v. Kidd CB3." (2013, March 4). Westlaw -- Saint Leo University. Thomson Reuters.
"Dinler v. City of New York CB4." (2013, March 5). Westlaw -- Saint Leo University. Thomson Reuters.
"PMOI v. U.S. Department of State CB2." (2012). Westlaw -- Saint Leo University. Thomson Reuters.
"United States v. Yousef CB1." (2012). Westlaw -- Saint Leo University. Thomson Reuters.
As per the arrangement, this will see Dulux offer the product for sale under its own brand name. In exchange for the access it will have to PFP technology, Dulux will be expected to pay an annual royalty fee. The said fee is expected to be 15% of the profits Dulux rakes in from the sale of PFP paint. Thus with regard to merchandising, PFP Ltd. plans to have a main partnership with Dulux. On the production front, the company will enter into a one year trial period partnership with Dulux for the production of Power Paint. Mass production of the same will largely be dependent on the results of this trial.
Benefits of Partnership
One of the key benefits of PFP's partnership with Dulux is the specialization each partner brings to the arrangement. Currently, Dulux has an elaborate distribution system and sound customer base to guarantee maximum exposure to…
Hill, C.W. & Jones, G.R. (2012). Strategic Management Theory (10th ed.). Mason, OH: Cengage Learning.
Miller, R.L. & Jentz, G.A. (2010). Business Law Today: The Essentials (9th ed.). Mason, OH: Cengage Learning.
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…
Although in this particular case it seemed that Scott Peterson was guilty, even if the evidence was just circumstantial, this type of evidence has sent many people to death, only to find out later that they were not guilty. This is actually a flaw of the jury system. The European continental system lets a judge appreciate whether a person is guilty or not of some crime. Since judges have to pass an exam in order to be appointed and since they are not elected for some period of time, their complete independence is assured. This way, an impartial judge would be indifferent to the media pressure and would weigh the evidence better than any jury, since a judge certainly has more experience than any juror. However, the American legal system chose to put ordinary people to judge other ordinary people, with the "guilty beyond reasonable doubt" principle as the only…
1. Hilden, Julie, "The Scott Peterson trial: Can prosecutors win the case?," FindLaw Columnist Special to CNN.com, CNN.com, July 21, 2004 Wednesday
2. Sahagun, Louis, "Peterson Case Puts the Jury on Defensive," the Los Angeles Times, November 12, 2004 Friday
3. Dearen Jason, "Crunch time at Peterson trial" the Oakland Tribune (Oakland, CA), November 1, 2004 Monday
Dearen Jason, "Crunch time at Peterson trial" the Oakland Tribune (Oakland, CA), November 1, 2004 Monday
The tactic backfired on him as Northern Republicans viewed with
hostility his interest in reconciling fast and returning the south to
viability. Bitter northerners felt this denoted a suspect allegiance and
brutally attacked his policies, especially his effort to create a cabinet
more sympathetic to his interest in reconciliation.
By outcome, his opponents amongst northern republicans struck
preemptively. "Sensing vulnerability, Congress moved against Johnson by
passing the Tenure of Office Act, which limited Johnson's ability to remove
cabinet officials without congressional approval." (Bacon, 1) hen the
inevitable struck and Johnson attempted to remove a divisive secretary of
war, fringe elements of congress rallied for his impeachment. Though his
presidency was preserved by one vote, his fate as a divider and a president
made impotent by political opposition was sealed.
Bacon, D.C. et al. (1995). History of the United States Congress. New
Bacon, D.C. et al. (1995). History of the United States Congress. New
York: Simon & Schuster.
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.
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…
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.…
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
Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.
Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent…
In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio
Op. 2d 378.
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…
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
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…
Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
After establishing the basics for knowledge management, the next step includes "Developing support and setting expectations." Lessons learned during this process and recommended to others considering utilizing knowledge management were reported to be:
1. To help insure the project starts off right and ends up right the first time, consider consulting a consultant, Stoll recommends. esearch and interview potential candidates to insure a positive working relationship.
2. Equip organization/business board and/or management to "get on board." Present benefits; concerns; projected outcomes. Stress expected benefits such as:
Better knowledge sharing among staff and member/customers;
Improved records-management system for enhanced use of our knowledge;
System that uses member/customer knowledge to improve customer relationship management and provide better services to members/customers.
3. Consider funding costs of the project.
4. Identify and set goals and expectations, yet be flexible when change is needed.
The Encyclopedia of Knowledge Management which contains…
Amar, A.D. 2002, Managing Knowledge Workers: Unleashing Innovation and Productivity. Westport, CT: Quorum Books.
Bellinger, Gene. 2004, "Knowledge Management -- Emerging Perspectives." Retrieved 4 August 2006 at http://www.systems-thinking.org/intst/int.htm .
Cilliers, P. 2005, Knowledge, Limits and Boundaries. Futures, 37(7), 605+.
Programs for Parents of Infants and Toddlers: ecent Evidence From andomized Trials
My initial thoughts and feelings were:
Infancy is a very important stage in children's development. It is at this stage that children are most receptive to both mental and physical change and they are at greater risk of potentially harmful influences than their older counterparts. Infants also get affected much more by parental disruptions than older kids. It has been shown that parent-child interactions during the early stages are great predictors of several late and early developmental outcomes. Lending parents support in coming up and implementing good parenting skills can lead to great child development (Pontoppidan, Klest & Sandov, 2016). Since the child is most malleable during infancy, experiences at this stage shape the child's behavior, wellbeing and brain development and so the effects can last for the entire life of the infant. Parenting interventions given to newborn…
Olds, D. L., Sadler, L., & Kitzman, H. (2007). Programs for parents of infants and toddlers: recent evidence from randomized trials. Journal of child psychology and psychiatry, 48(3-4), 355-391.
Pontoppidan, M. (2015). The effectiveness of the Incredible Years™ Parents and Babies Program as a universal prevention intervention for parents of infants in Denmark: study protocol for a pilot randomized controlled trial. Trials, 16(1), 386.
Pontoppidan, M., Klest, S. K., & Sandoy, T. M. (2016). The Incredible Years Parents and Babies Program: A Pilot Randomized Controlled Trial. PloS one, 11(12), e0167592.
Sadler, L. S., Slade, A., Close, N., Webb, D. L., Simpson, T., Fennie, K., & Mayes, L. C. (2013). Minding the baby: Enhancing reflectiveness to improve early health and relationship outcomes in an interdisciplinary home-visiting program. Infant mental health journal, 34(5), 391-405.
esearch activities, whether clinical trial based, experimentally designed, or product oriented, must exhibit and command interest, enthusiasm, and passionate commitment. To this end the researcher must catch the essential quality of the excitement of discovery that comes from research well done. The first step in the attainment of the desired research goal is to develop a scientific approach toward that which is being investigated. A requirement within the scientific approach best-fit format that is oftentimes misunderstood, and consequently wrongly applied, is that of sampling.
In a rather philosophical approach to sampling Ohlson (1998) states that sampling is " ... But part of the whole. Check to make sure I fairly represent my larger connection " (p. 27). With these words Ohlson is informing the research enthusiast that sampling alone can skew testing results, infuse uncontrollable error into statistical processes, and violate the empirical premise under which the research investigation…
Ferguson, Geroge A. 1966. Statistical Analysis in Psychology and Education. New York:
McGraw-Hill Book Company
Ohlson, E.L 1998. Best-Fit Statistical Procedures, ACTS Testing Labs. Chicago Thompson, David M., Kozak, Sharon E. And Sheps, Sam (1999). Insulin adjustment by a diabetes nurse educator improves glucose control in insulin-requiring diabetic patients: A randomized trial. CMAJ, 161(8):959-62
Van Dalen, Debold B. (1966). Understanding educational research. New York: McGraw-Hill
, 1999). In many areas of the country this may be very accurate.
Another problem that comes into the picture where obesity in children is concerned is that many parents must work very long hours today to pay bills and have money for what their family needs (Mokdad, et al., 1999). ecause of this, many children are latchkey kids and are not watched as closely by their parents as they used to be (Mokdad, et al., 1999). Children used to come home from school and go and play with others, but many now live in neighborhoods where this is unsafe or where there are no children their age so they remain inside watching TV or playing video games and snacking on whatever is available (Mokdad, et al., 1999).
If there is healthy food in the house this is often not a problem, but many households are full of potato chips,…
Anderson, J.G. (1987). Structural equation models in the social and behavioral sciences: Model building. Child Development, 58, 49-64.
Arlin, M. (1976). Causal priority of social desirability over self-concept: A cross-lagged correlation analysis. Journal of Personality and Social Psychology, 33, 267-272.
Averill, P. (1987). The role of parents in the sport socialization of children. Unpublished senior thesis, University of Houston.
Bandura, a. (1969). A social-learning theory of identificatory processes. In D.A. Goslin (Ed.), Handbook of socialization theory and research (pp. 213-262). Chicago: Rand McNally.
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…
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.
United States of America, Plaintiff -- Appellee,
Ann W. McRee, Joseph H. Hale, Defendants -- Appellee.
United States Court of Appeals,
Parties: United States of America (Plaintiff) v. McRee & Hale (Defendants)
On February 28, 1985 the Internal Revenue Service (IRS) issued a jeopardy assessment in the amount of $1.9 million which would impact Hale's property and businesses. He was in prison at the time for securities fraud and perjury, and his affairs were being handled by Ann McRee and Paul Wagner. On April 15, 1985, the IRS sent Hale a Denial of Appeal of Jeopardy Assessment with right to appeal, which they did not take advantage of. The IRS accidentally sent Hale a refund check in the amount of $359,380.25 because of a computer error which should have stated that they took $340,000 as partial payment of the amount owed. Hale did everything in his power…
Case Facts: Ernesto Miranda was arrested and locked up in a Phoenix police station on March 13, 1963 where he was identified by a complaining witness (Samaha, 2012). Law enforcement officers took him to an Investigation Room where he was questioned before the two officers came out with a written confession that he signed. During the questioning, Miranda was not notified that he had a right to an attorney and was notified of the need for voluntary confession after making his oral confession. The written confession was then admitted into evidence at his trial before a jury despite objections from the defense counsel. The court then found him guilty of kidnapping and rape and sentenced him to 20 to 30 years in prison for each count, with these sentences running simultaneously. This ruling was upheld by the Supreme Court of Arizona following Mirandas appeal on the basis that his constitutional…
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…
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-
Case Brief One:
Sherman v. United States
Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately asked the defendant where he could obtain drugs because of the difficulties they were experiencing in overcoming addictions. While the defendant tried to avoid the issue initially, the government informant behaved like he was suffering and continued to ask for drugs. When the defendant finally gave in to the informant's demands, he got drugs from his own supplier and handed them to the undercover agent ("Sherman v. United States," 2012). The defendant was previously convicted by a Federal district court for selling narcotics on the basis that his initial hesitance to agree to the informer's request did not indicate his reluctance to purchase the drugs.
Issue: The issue before the United States Supreme Court is…
Johnson, J. (1996, November 1). Law Enforcement by Deceit?: Entrapment and Due Process.
Retrieved August 11, 2013, from http://www.fee.org/the_freeman/detail/law-enforcement-by-deceit-entrapment-and-due-process#axzz2bdFrey9B
"The Role of State Intermediate Appellate Courts." (2012, November). Council of Chief Judges
of the State Courts of Appeal. Retrieved from National Center for State Courts website: http://www.sji.gov/PDF/Report_5_CCJSCA_Report.pdf
Death penalty advocates rationalize capital punishment under the principle of an eye for an eye which is the belief that punishment should fit the crime. In particular, people who support capital punishment dispute that murderers should be put to death in retribution for their crimes and that such vengeance serves justice for murder victims and their survivors. Death penalty opponents stress the purity of life, quarrelling that killing is forever wrong whether by a person or by the state and that justice is best served by way of reconciliation (The Death Penalty: Specific Issues, 2010).
Opponents of the death penalty dispute that there is a hazard of putting to death innocent people, and cite real cases in which defendants were incorrectly convicted of, and occasionally put to death for, capital crimes. Death penalty opponents see current laws which limit the appeals process as equivalent to mounting the likelihood for putting…
Constitutionality of the Death Penalty in America. (n.d.). Retrieved from http://deathpenaltycurriculum.org/student/c/about/history/history-5.htm
Introduction to the Death Penalty. (2010). Retrieved from http://www.deathpenaltyinfo.org/part -
Recent Legal History of the Death Penalty in America. (2011). Retrieved from http://usgovinfo.about.com/library/weekly/bldeathpenalty.htm
In addition to the monthly rent, the lessees paid the trust all real property taxes that were assessed on the property. The trustee took a fee from the percentage of rental income received and from a percentage of the real estate tax that was collected, and the beneficiaries objected to the trustee imposing a fee on the tax money received by the trust.
Issue: Did the court err when it denied the trustee's motion for partial summary judgment in regards to an action that challenged in part the trustee's assessment of a fee on portions of trust income that was designated for payment of property taxes?
aw: Even though Haw. Rev. Stat. § 607-18 (1993) allowed for the fee on the tax money, the beneficiaries argued that there was a reasonable restriction on the fee imposed by reason of Haw. Rev. Stat. § 560:7-205 (1993). Bremer v. Weeks, 104 Hawai'i…
Law: Even though Haw. Rev. Stat. § 607-18 (1993) allowed for the fee on the tax money, the beneficiaries argued that there was a reasonable restriction on the fee imposed by reason of Haw. Rev. Stat. § 560:7-205 (1993). Bremer v. Weeks, 104 Hawai'i 43; 51, 85 P.3d 150, 158 (2004); in re the Estate of Bishop, 53 Haw. At 605-06, 499 P.2d at 672; in re Wharton's Trust Estate, 28 Haw. At 509; Matthewson v. Aloha Airlines, Inc., 82 Hawai'i 57, 71, 919 P.2d 969, 983 (1996); Mahiai v. Suwa, 69 Haw. 349, 356-57, 742 P.2d 359, 366 (1987); Franks v. City and County of Honolulu, 74 Haw. 328, 335, 843 P.2d 668, 671-72 (1993).
Reasoning: Based on the plain language of and the legislative history underlying HRS § 560:7-205, courts may review the reasonableness of a trustee's determination as to what constitutes income. In this case the trustee's determination of trust income was reasonable because income included real property taxes.
Holding: Vacated and remanded.
Joe Lee Simmons
Statement of Facts
he client in this matter has already faced charges in the trial court where he was convicted of possession of a controlled substance, and had his conviction affirmed by the Court of Appeals. At the present time, a decision must be made as to whether there is any basis for pursuing further appeal. If it is determined that a further appeal is justified, the next action that must be taken is to file a petition for discretionary appeal with the exas Supreme Court.
Simmons was stopped and subsequently arrested for littering on the Houston public streets. Pursuant to his arrest, a routine protective search was conducted by the arresting officer during which a small bottle was found in the defendant's shirt pocket. As a result of the search, the defendant was also arrested for possession of a controlled substance for which he eventually stood…
Tex. R. App. P. 33.1 (a)(1).
Tex. Code Crim. Proc. Ann. art. 2.13(b)(3) (Vernon 2005).
Tex. Code Crim. Proc. Ann. art 38.35 (d)(1) (Vernon Supp. 2008).
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial court fashioned a remedy that required the Department of Corrections to prepare a written protocol requiring the participation of a board-certified anesthesiologist, at least 5 grams of thiopental, and certification that an inmate has achieved sufficient anesthesia before administering the next two chemicals. The court required that it certify the protocol and stayed all executions till it was approved. The State submitted a plan, which was not approved by the court. The State then appealed the trial court's decision.
Rule of Law: A State's lethal injection protocol did not violate the Eighth Amendment, because the protocol required a sufficient dose of thiopental to eliminates an inmate's risk…
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…
Apparently Brandt handled the medical needs of Bruckner well because Hitler made him "…his personal physician" and in time Brandt was given the rank of "major-general in the affen-SS" (Spartacus Educational).
Brandt helped establish the "Law for the Protection of Hereditary Health," which was a smokescreen for "compulsory sterilization" -- and in fact Brandt was in charge of the program ("Reich Committee for the Scientific Registration of Serious Hereditary and Congenially-Based Diseases") that basically was established to kill those who were "insane" and the "physically handicapped" (Spartacus Educational). The JVL explains that Brandt's euthanasia program began in 1939, and deformed children along with the very old and insane were murdered by gas or lethal injections in "…nursing homes, hospitals and asylums" (JVL, 1).
During the Nuremberg Trials the prosecutors were "caught off guard by the numerous affidavits submitted by the defense" that testified to the quality of Brandt's "personal character"…
Bryant, Michael. (2009). "Only the National Socialist": Postwar U.S. And West German
Approaches to Nazi "Euthanasia" Crimes, 1946-1953. Nationalities Papers, 37(6), 861-888.
Glaser, Edmund. (2008/09). Ulf Schmidt's Karl Brandt -- the Nazi Doctor: Medicine and Power in the Third Reich and Justice at Nuremberg: Alexander and the Nazi Doctors' Trial.
Journal of Hate Studies, 7(1), 109-116.
Chavez v. Martinez case is one of the major lawsuits in the history of the United States that addressed the potential civil liability for coercive interrogations. In this lawsuit, the U.S. Supreme Court more clearly recognized the constitutional issue that confirmed that coercive interrogation may violate the right of a suspect to substantive due process in certain conditions. This violation is likely to occur even when no self-incriminating statement is used against the suspect under interrogation (Manak, p.1). Nonetheless, the violation will be identified only when particular alleged conduct develops to a level of coercive interrogation that surprises the conscience. Consequently, the ruling in Chavez v. Martinez case has had significant impacts on the interview and/or interrogation process by police officers.
Background to the Case:
Martinez filed a lawsuit against law enforcement officers after being shot during a struggle or altercation with these officers. hile undergoing treatment for the gunshot…
"Chavez v. Martinez - 538 U.S. 760 (2003)." Justia U.S. Supreme Court Center. Justia, Oct. 2002. Web. 17 Feb. 2013. .
"Chavez v. Martinez." Casebriefs - Bloomberg Law. Casebriefs LLC, n.d. Web. 17 Feb. 2013. .
COHEN, THEA A. "Self-Incrimination and Separation of Powers." THE GEORGETOWN LAW JOURNAL 100.895 (2012): 895-928. Web. 17 Feb. 2013. .
Manak, James P. "Potential Civil Liability for Coercive Interrogations." AELE Alert Training Bulletin. AELE Law Enforcement Legal Center, Jan. 2012. Web. 17 Feb. 2013. .
Competent to Stand Trial
The 1987 film Nuts is a film portrayal of a true story about a woman from a well-to-do family who becomes a high priced hooker and is charged with first degree manslaughter when she kills a violent customer (aka a "John"). Ostensibly in an effort to protect their daughter (and themselves) from the public embarrassment of a trial, the woman's parents encourage therapeutic institutional intervention. In the hearing to determine the woman's ability to stand trial, the woman, stunningly played by Barbara Streisand, insists that she is sane and fights -- quite literally -- for her right to stand trial. A reluctant court appointed attorney -- played by ichard Dreyfus -- eventually comes to believe that his client is sane and able to contribute to her own defense -- he is able to work past her pugnacious exterior and comes to understand and support her in…
Insanity defense. (n.d) The Legal Dictionary. Retrieved http://legal-dictionary.thefreedictionary.com/Insanity+Defense
Nuts. (1987) The Internet Movie Database (IMDb). Retrieved http://www.imdb.com / title/tt0093660/
Melton, GB, Petrila, J, Pytheress, NG, and Slobogin, C. (2011) Psychological Evaluation for the Courts: A Handbook for Mental Health Professionals and Lawyers (2nd ed.) Guilford Publishers. Retrieved http://www.guilford.com/cgi-bin/cartscript.cgi?page=etc./courts_updates.html&cart_id=#part_two
Roesch, R, Zapf, PA, Golding, SL, and Skeem, JL (2004, February) Defining and Assessing Competency to Stand Trial. Golding Publications. Retrieved http://www.unl.edu/ap-ls/student/CST%20assess.pdf
He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" (Paul 74). He viewed the Court's opinion in a dangerous light because it represented the infusion of a fundamental right into the Constitution.
Modern commentators who agree with Justice Holmes' dissenting position face a problem as it relates to more modern Supreme Court decisions, such as Roe v. ade. If the position is held that Holmes was correct in his opinion, then the same position must also be held that the Supreme Court's Roe v. ade decision is incorrect. In the Roe V. ade case, the Court ruled that a woman's right to have an abortion is based upon the development of the fetus in her womb. In the first trimester, the state cannot restrict a woman's right to have…
Paul, Kens. Lochner v. New York: Economic Regulations on Trial. Lawrence: University
of Kansas Press, 1998. Book.
representation of Death and the impermanence in the short story "A Father's Story" by Andre Dubus, and the poem "Because I could not stop for Death" by Emily Dickinson. These two works were chosen because both speak of Death and impermanence, yet these authors employ different literary forms, characters, settings and plots. "A Father's Story" follows the format of a short story, being prose written in concise paragraphs with a main point or moral and portraying its characters by the way they speak. "Because I could not stop for Death" follows the form of poetry, being structured in shifted lines and using language to evoke imagination or emotion in the reader. In addition, the two writers substantively approach Death very differently. Comparison of these distinct forms shows how writers can make very different styles and statements about Death and impermanence through different devices, including but not limited to the short…
Academy of American Poets. (2013). Emily Dickinson. Retrieved from www.poets.org Web site: http://www.poets.org/poet.php/prmPID/155
Bodwell, J. (2008, July/August). The art of reading Andre Dubus: We don't have to live great lives. Retrieved from www.pw.org Web site: http://www.pw.org/content/art_reading_andre_dubus_we_don%E2%80%99t_have_live_great_lives-cmnt_all=1
Clugston, R.W. (2010). Journey into Literature. Retrieved from www.content.ashford.edu Web site: https://content.ashford.edu/books/AUENG125.10.2/sections/sec1.2
Clugston, R.W. (2010). Poems for comparison, Chapter 12, Journey into Literature. Retrieved from content.ashford.edu Web site:
diffusion process? Briefly describe the individuals who make up each grou
The first stage of a diffusion process is the awareness stage. In this stage the consumer becomes aware or informed about the existence of a new innovation. However this group of individuals is only know about the existence of the idea such as a brand name but do not know any further details about the product or the idea. The second stage is of interest where an individual shows interest in knowing more about the idea and how will it be useful to him. In the evaluation stage the customer applies the idea mentally to his situation and evaluates as to what degree is the idea or the product useful to him. In the trial stage, the individuals use the idea or the product but only for experimental purposes. If the individuals are satisfied after using the product in…
Burke, M.A., Fournier, G.M., & Prasad, K. (2007). The Diffusion of a Medical Innovation: Is Success in the Stars?. Southern Economic Journal, 73(3), 588+. Retrieved March 22, 2012, from Questia database: http://www.questia.com/PM.qst?a=o&d=5019432466
Doyle, P. & Bridgewater, S. (Eds.). (1998). Innovation in Marketing. Boston: Butterworth-Heinemann. Retrieved March 22, 2012, from Questia database: http://www.questia.com/PM.qst?a=o&d=115344535
Murray, C.E. (2009). Diffusion of Innovation Theory: A Bridge for the Research-Practice Gap in Counseling. Journal of Counseling and Development, 87(1), 108+. Retrieved March 22, 2012, from Questia database: http://www.questia.com/PM.qst?a=o&d=5033508939
Stand Your Ground Law
'Stand your ground' laws
tand your ground' laws are extremely controversial pieces of legislation.
Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.
It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy
tand your ground' laws are extremely polarizing pieces of legislation.
My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.
Block, M. (2012). A history of 'stand your ground' laws. NPR. Retrieved from:
Botelho, G. & Yan, H. (2013). George Zimmerman found not guilty of murder in Trayvon
Martin's death. CNN. Retrieved: http://www.cnn.com/2013/07/13/justice/zimmerman-trial/index.html
This firm's client, Franklin Olsen ("Olsen") was arrested and subsequently charged with burglary of the home of Lindsay Young ("Young"). Young informed the police that she had found Olsen in her home on October 15, 2010, at dusk and observed Olsen for approximately one minute prior to his leaving the property. Young described Olsen as being dark haired, wearing all black clothing and being extremely tall. At that time that Olsen was taken into custody.
Young was asked to make identification of the suspect to the burglary in a police lineup. Olsen was one of six white males in the police lineup and had an attorney present to represent him. All the participants in the lineup other than Olsen were between 5'8: to 5'10" in height and all wore clothing that was light in color however, Olsen was instructed to wear all black clothing. Olsen was additionally the only…
Lithuania's worldview. A brief history is given, regarding the country, as well as cultural aspects. Then the Lithuanian culture's worldview is discussed. And, finally, how their cultural communication has affected their views.
Lithuanian History and Culture:
Lithuania is a small country, of approximately 65,200 km2, with 3.5 million people. Lithuania is located in Eastern Europe and is bordered by Belarus, Latvia, ussia, and Poland (See Image 1). 81% of the population is Lithuanian, while 9% is ussian, 7% is Polish, and 1% is Byelorussian ("Lithuania," 2004). Lithuanians were the last Pagans in Europe, however, religion now takes the form of Catholicism primarily located in the Northern part of the country (personal communication D. Deimante, November 11, 2004).
During oman times, Lithuania traded amber with ome. The countryside was split into various language groups: Lithuanians, Prussians, Latvians, Semigaalians, and others. In 1230, Lithuania emerged as a nation, under the…
Arts, The. (2004). Culture Grams. Retrieved November 29, 2004, from Culture Grams database.
Etiquette. (2004). Country Watch. Retrieved November 29, 2004, from Country Watch database.
Family. (2004). Culture Grams. Retrieved November 29, 2004, from Culture Grams database.
History. (2004). Country Watch. Retrieved November 29, 2004, from Country Watch database.
She held regular "meetings" -- discussion groups that reinterpreted doctrine. She believed, for instance, in the Free Grace model -- the saved could sin, then ask for forgiveness, without endangering their salvation. She also claimed she could identify the spiritual elect, causing many to view her as a heretic (Ibid).
Trials- Finally, the religious community could tolerate no more. Hutchinson was gathering new followers; women were blatantly defying Puritan rules, and in 1637 she was brought to civil trial in the General Court of Massachusetts on the charge of "traducing the ministers." This Court included government officials and Puritan clergy. Despite being 46 and in the advanced stages of her 15th pregnancy, she was forced to stand for several days of interrogation before an all-male board who tried desperately to get her to admit to blasphemy and tempting mothers to neglect the care of their own families (Anne Hutchinson -…
Anne Hutchinson - Trial at the Court of Newton. (2002, December 5). Retrieved December 2010, from Anne Hutchinson.com: http://www.annehutchinson.com/anne_hutchinson_trial_001.htm
Coffey, J. And P. Lim. (2008). The Cambridge Companion to Puritanism.
Fraser, J. (2000). Between Church and State. New York: Macmillan.
Gomes, P. (2002, Nocember-December). Anne Hutchinson. Retrieved December 2010, from Harvard Magazine: http://harvardmagazine.com/2002/11/anne-hutchinson.html
Through which he concluded that each execution prevents around seven or eight people from committing murder (Worsnop 402). In 1985, an economist from the University of North Carolina by the name of Stephen K. Layson published a report that showed that every execution of a murderer deterred eighteen would be murderers (Guernsey 68). While the numbers from these studies seem quite low as compared to the large number of murders committed every day in the United States, the numbers become quite large when discussed in the terms of every year executions. (Guernsey 65)
The opponents of capital punishment here give different points which are also quite true. According to the critics of capital punishment many of the people who commit acts of murder are either retarded or are immature. Capital punishment doesn't have an effect on the youth and immature people. As Richard L. Worsnop writes in his article entitled…
Worsnop, Richard L. Death Penalty Debate Centers on Retribution. Washington, D.C.: Congressional Quarterly, Inc., 1990.
Guernsey, JoAnn Bren. Should We Have Capital Punishment? Minneapolis: Lerner Publications Co, 1993.
Van den Haag, Ernest, and John Phillips Conrad. The Death Penalty a Debate. New York: Plenum Press, 1983.
Maestro, Marcello T. A Pioneer for the Abolition of Capital Punishment Cesare Beccaria. [New York]: Journal of the History of Ideas, 1973.
Panetti has not challenged those factual findings on appeal."
Panetti could not be considered incompetent to stand execution based on Ford v. Wainwright. Similar to Panetti, Ford did not initially argue mental illness, but during the trial he developed a severe form of mental disorder, leading to his unawareness of the crimes he had committed and of the reasons for his capital punishment.
The involved parties were both counting on Justice Powell's previous expertise in the Ford v. Wainwright case and were hoping that the judge would be better able to understand both sides.
The dismissal of the second issue of the case, that of the habeas relief motion, is based on the argument that Ford only "requires an opportunity for the petitioner to be heard and an impartial tribunal - both of which Panetti received." Other requests of Panetti's were dismissed. "ecause the state-court procedures were adequate under Ford,…
Supreme Court of the United States, Syllabus, Panetti v. Quarterman,
Panetti, Scot v. Quarterman, Nathaniel, Northwestern University, Medill Journalism, January 9, 2007, http://docket.medill.northwestern.edu/archives/004241.php, last accessed on October 11, 2007
Scot Louis Panetti v. Nathaniel Quarterman: Brief for Respondednt, No. 06-6407 in the Supreme Court of the United States
Tim Birnbaum, Panetti v. Quarterman (06-6407): Death Penalty, Mental Illness, Factual Awareness Standard, Eight Amendment, Retribution, Cornell University Law School, http://www.law.cornell.edu/supct/cert/06-6407.html , last accessed on October 12, 2007
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…
Woodson v. North Carolina, 428 U.S. 280, 322 (1976).
Woodson v. North Carolina, 428 U.S. 280, 299 (1976).
Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…
Alternative dispute resolution. U.S. Office of Special Counsel (2010, January 18).
Retrieved from http://www.osc.gov/adr.htm
Altonaga, Honorable Cecilia Marie. (2002, May 04). Federal court judge's practice guide. Retrieved from http://www.flabar.org/divpgm/pu/fcpcsurvey.nsf
American Jurisprudence 2d (1997). St. Paul, MN: Thompson Reuters.
Inquisition / Jeanne D' Arc (Joan of Arc)
1412 was the time of civil war and military unrest between France and England. And 1412 was the year Jeanne d' Arc was born. hen she was 17 she commanded a battle against the English domination and made efforts to unite France in the Hundred Years ar, but her fate at the age 19 put her on a trial for heresy and witchcraft by a church court. She had an Inquisition from the church and was burned at stake.
During the 15th century France and England, the personality of Jeanne or Maid of Orleans had an exceptional impact upon the political as well as the military situation wherein she turned the war in to the favor of Charles VII and this she accomplished as just a peasant girl. hat her trial and conviction represents is the unacceptability of the medieval era of…
Avalon Project available at http://www.yale.edu/lawweb/avalon/treatise/jean_darc/intro.htm
Bingen, St. Hildegard von; Scivias; Mother Columba Hart and Jane Bishop (translators); Paulist Press, New York, 1990 cited at http://archive.joan-of-arc.org/joanofarc_male_clothing_theology.html
Guenee, Bernard (1991) Between Church and State; The Lives of Four French Prelates in the Late Middle Ages, transl. By Arthur Goldhammer, University of Chicago, Chicago/London.
Heath, Ian (1982) Armies of the Middle Ages, volume 1; The Hundred Years War, the Wars of the Roses and the Burgundian Wars, 1300-1487, Wargamers Research Group, UK.
The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal system, the Court seems to recognize that if something has been established as a necessary minimum to guarantee due process in the federal system, it will also be the minimum in the states.
One thing about this case, and about most states' existing criminal systems, is that it differentiates between misdemeanors and felonies, by providing that those charged with felonies are entitled to an appointed attorney. However, the distinction between misdemeanors and felonies seems untenable; people charged with misdemeanors face the threat of the loss of liberty and property. If due process cannot be protected without an attorney, and the Court feels that this threat is the same regardless of the degree of punishment,…
The results will be analyzed and compared with reference to the two hypotheses.
The results of the experiment were statistically significant with respect to all three experimental hypotheses and all three experimental hypotheses were confirmed. Specifically, (1) reaction times were shorter in the second sequence of each sequence set, averaging a .040/second difference as between the first and second random sequences and averaging .080/sec difference as between the first and second fixed-interval sequences; (2) reaction times were shorter in connection with regular or fixed-interval sequences than in connection with random-interval sequences by an average of .064 as between the first random sequences and the first fixed-interval sequences, and by an average of 0.80 as between the second random sequence and the second fixed-interval sequences; and (3) the differential increased by an average time of .024 as between the first trials and the second trials of random/fixed-sequence measurements.
Gerrig, R. And Zimbardo, P. (2009). Psychology and Life. New York: Allyn & Bacon.
Tables and Figures
United States v. Jones
Issues before the Court
Is attaching a GPS tracker to a motor vehicle, and subsequently employing it for tracking its movement on public roads, counted as a search-and-seizure operation under Amendment IV? (United States v. Jones | Case Brief Summary)
Facts of the Case
Nightclub owner and manager Jones, the defendant in the case, was suspected of trafficking narcotic drugs. From information collected using a number of investigation methods, law enforcement officials were able to procure a warrant which authorized attaching a GPS tracker to Jones' wife's Jeep (which was never driven by anyone but Jones). However, the law enforcers didn't adhere to the deadline stipulated in the warrant and attached the tracker after the deadline lapsed, employing it for tracking the Jeep's movements (United States v. Jones | Case Brief Summary). The satellite-guided tracker established the Jeep's whereabouts within 50-100 feet, conveying it to a…
The authors state: "The amphetamines occasioned dose-related increases in d- amphetamine-appropriate responding, whereas hydromorphone did not. Amphetamines also occasioned dose-related increases in reports of the drug being most like "speed," whereas hydromorphone did not. However, both amphetamines and hydromorphone occasioned dose-related increases in reports of drug liking and in three scales of the ARCI. Thus, some self-report measures were well correlated with responding on the drug-appropriate lever and some were not. Lamb and Henningfield (1994) suggest that self-reports are complexly controlled by both the private event and the subject's history of experience with the drug. Some of the self-reports they observed (e.g., feels like speed) are probably occasioned by a relatively narrow range of stimuli because in the subject's experience with drug administration, these reports have been more selectively reinforced by the verbal community relative to other reports (e.g., drug liking). They also suggest that these results imply…
Budney, Alan J. et al. (2006) Clinical Trial of Abstinence-Based Vouchers and Cognitive-Behavioral Therapy for Cannabis Dependence. Journal of Consulting and Clinical Psychology 2006. Vol.. 74 No. 2. 2006 American Psychological Association.
McRae, a.; Budney, a.; & Brady, K. (2002) Treatment of Marijuana Dependence: A Review of the Literature. Journal of Substance Abuse Treatment 24 (2003)
Pathways of Addiction: Opportunities in Drug Abuse Research (1996) Institute of Medicine (IOM)
Kamon, J; Budney, a. & Stanger, C. (2005)a Contingency Management Intervention for Adolescent Marijuana Abuse and Conduct Problems. Journal of the American Academy of Child & Adolescent Psychiatry. 44(6):513-521, June 2005.
The ICJ made clear that it did not desire and was not trying to expand its jurisdiction and stated that the issues did not "expand its jurisdiction into new areas by stating that the issues did not "concern the entitlement of the federal states w/in the U.S. To resort to the death penalty for the most heinous crimes" and that the function of the ICJ is to resolve international legal disputes not for functions of a criminal appeals court.
Summary and Conclusion
It is the purpose of Article 41 of the VC to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused. It is important to note that Under Article 41 of the 1963 Vienna…
International Law Commission -Vienna Convention on Consular Relations and Optional Protocols U.N.T.S. Nos. 8638-8640,Vol. 596, pp. 262-512
Warren, Mark (2005) Consular Notification - Statutory and Regulatory Provisions Human Rights Research
Davidson, Jerome (2005) Consular Privileges and Immunities Amendment Bill 2005 Presented to the Senate: Foreign Affairs - Commencement: Day of Royal Assent Consular Privileges and Immunities Amendment Bill 2005.
International Crime Law
patients diagnosed with TBI cope better with counseling and outreach programs when dealing with new or abnormal behaviors?
Traumatic brain injury (TBI) may result in social and emotional defects (such as delayed word recall) that result in frustrating and embarrassing moments for the victim. Of all counseling and intervention programs, rehabilitation therapy (CT) is the one that is commonly used and, therefore, this literature review will conduct a meta-analytic search (focusing on quantitative studies within the last five years) in order to assess the efficacy of CT in helping TBI individuals with their social and emotional skills and perceptions.
The essay identified and reviewed seven randomized trials of language, emotional and social communication cognitive rehabilitation. Inclusion terms were that participants had to possess sufficient cognitive capacity to be included in a group and impairment in emotional and social skills was evidenced either by a questionnaire or by the clinician's reference.…
Bell, K et al. (2011) Scheduled Telephone Intervention for Traumatic Brain Injury: A Multicenter Randomized Controlled Trial, Archives of Physical Medicine and Rehabilitation, 92, 1552 -- 1560
Bornhofen, C., and S. McDonald. 2008a. Treating deficits in emotion perception following traumatic brain injury. Neuropsychological Rehabilitation 18(1): 22-44.
-- -- . 2008b. Comparing strategies for treating emotion perception deficits in traumatic brain injury. The Journal of Head Trauma Rehabilitation 23(2): 103-115.
Chard, K et al. (2011) Exploring the efficacy of a residential treatment program incorporating cognitive processing therapy-cognitive for veterans with PTSD and traumatic brain injury, Journal of Traumatic Stress, 24, 347 -- 351,
Therapy was discontinued due to an adverse event in 11% of EVISTA®-treated women and 9% of placebo-treated women. Common adverse events related to EVISTA® therapy were hot flashes and leg cramps. Hot flashes were most commonly reported during the first 6 months of treatment and were not different from placebo thereafter.
Cholestyramine causes a 60% reduction in the absorption and enterohepatic cycling of raloxifene after a single dose. Thus, co-administration of cholestyramine with EVISTA® is not recommended.
Overall, raloxifene exerts similar positive on bone mineral density and bone turnover as other SEMS and estrogen therapy. However, the reduction in fracture risk is improved with SEMs vs. estrogen (Nakamura 632).
Overall, administration of calcium and vitamin D is more effective and economical than any approved drug for postmenopausal osteoporosis. The annual cost of calcium and vitamin D treatment is $22 compared to $255 for estrogen,…
Barrett-Connor, E., et al. "Risk-Benefit Profile for Raloxifene: 4-Year Data from the Multiple Outcomes of Raloxifene Evaluation (More) Randomized Trial." J. Bone Miner Res 19.8 (2004): 1270-5.
Borgstrom, F., et al. "Cost Effectiveness of Raloxifene in the Treatment of Osteoporosis in Sweden: An Economic Evaluation Based on the More Study." Pharmacoeconomics 22.17 (2004): 1153-65.
Bryant, H.U. "Mechanism of Action and Preclinical Profile of Raloxifene, a Selective Estrogen Receptor Modulation." Rev Endocr Metab Disord 2.1 (2001): 129-38.
Cranney, a., et al. "Meta-Analyses of Therapies for Postmenopausal Osteoporosis. Iv. Meta-Analysis of Raloxifene for the Prevention and Treatment of Postmenopausal Osteoporosis." Endocr Rev 23.4 (2002): 524-8.
The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows the system to engage in due care, and gives a final opportunity to the defendant to challenge before the conviction is finalized. In fact the conviction and sentence that has been applied to the individual is not avowed until the direct appeal has been heard by the higher appellate court. It should be noted that when a defendant is found not guilty by the court the government cannot appeal that verdict (The appeals process 2012). There are three avenues of appeal open to a defendant 1. A direct appeal, 2, a post-conviction relief petition and, 3 a petition for Writ of habeas Corpus (Criminal appeals process 2012)
Before a case…
About the court (2012). Retrieved from http://www.cca.courts.state.tx.us/court/overview.asp
The appeals process (2012). Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor
Criminal appeals process (2012). Retrieved from http://www.azag.gov/victims_rights/Brochures/CriminalAppealsProcess.pdf
There's a substantial gap between the notions presented by the 9/11 Commission on inadequate imagination and its suggested solutions. It's unlikely that the primary modifications can help create analytical solutions in a limited amount of time. The advancement of national intelligence centres is really a pricey solution and idea that rests on impractical belief in the impartiality and just approach of the policymakers. The requirement of a bigger and much more diverse community of experts may, perversely, lower the standard of their work. And there's really no point in anticipating that the DCI could be more in a position to encourage imagination when he's no longer the principal intelligence consultant (ovner and Long, 2005).
More realistic and logical plans within the Commission report are directly and indirectly proportional to the imagination problem; included in this are growing the FBI's intelligence abilities and mandating standardized DOD and DHS risk…
Blin, A. (1968). The United States Confronting Terrorism. Monash University under Part VB of the Copyright Act 1968.
Gatehouse, Jonathan. Are We Having Fun Yet? Macleans, December 10, 2004.
Jasparro, Christopher. Low-level criminality linked to transnational terrorism. Jane's Intelligence Review, 1 May 2005.
Osborne, D. Out of Bounds -- Innovation and Change in Law Enforcement Intelligence Analysis. Joint Military Intelligence College, 2006.
The Trafficking Victims Protection eauthorization Act
Final Project / Dissertation
Degree: Juris Doctorate Specialized
Specialization: Constitutional Law
The Trafficking Victims Protection eauthorization Act
This paper reviews the rights and protection that a state and federal government official provides to citizens that have been the subject of human trafficking crimes. Citizens need the protection of the police and other law enforcement officials to report human trafficking crimes and to protect and assist those that need their assistance. This paper will seek to explain the definition of human trafficking, how it works, victim support, issues with upholding and implementing legislature and the solutions which can be used to satisfy the public.
Table of Contents
Elements of Human Trafficking
Victims of Trafficking and Violence Protection Act of 2000
Alien Smuggling, Harboring and Transportation
New York State's Human Trafficking Law…
1. The Crime of Human Trafficking: A Law Enforcement Guide to Identification and Investigation. (n.d.). http://www.vaw.umn.edu/documents/completehtguide/completehtguide.pdf
2. Trafficking in Persons Report. (2006). Washington, DC.: U.S. Department of State.
3. United States Constitution Bill of Rights. (n, d.). http://topics.law.cornell.edu/constitution/billofrights
4. 13th Amendment to the U.S. Constitution: Abolition of Slavery (1865). (n.d.)
"Sonnet 130" by Shakespeare and "Sonnet 23" by Louis Labe both talk about love, as so many sonnets do. Their respective techniques however, differentiate them from each other. Shakespeare uses a rhyme scheme that became known as Shakespearean rhyme scheme or English rhyme. He writes about love in a sarcastic manner though. He is mocking the traditional love poems and the usual expressive manner in which women are often compared to. It is ironic in a way because Shakespeare himself also uses the very techniques in his previous writing when he is writing from a man's point-of-view and describing a woman. But in this sonnet he uses the technique of mocking this exaggerated comparison. Usually women are compared to having skin as white as snow, however, in reality, Shakespeare points out, women don't really fit this description, "If snow be white, why then her breasts are dun."
Theatre Nurses Equipped With the Skills equired to Perform Pre-Operative Visits
To Perform Pre-Operative Visits?
Are Theatre Nurses Equipped With the Skills equired
To Perform Pre-Operative Visits?
Are Theatre Nurses Equipped With the Skills equired
To Perform Pre-Operative Visits?
Pre-operative assessment is part of the E process that many medical professionals believe can be accomplished on the part of nurses in the unit.. The objective listed for pre-operative assessment is that special requirements for the surgery as well as the peri-operative stay should include identification and coordination of all essential resources, should inform the patients and prepare them to proceed and to ensure the patient's fitness for the procedure(s) scheduled. . The nursing team clinically examines as well as assessing all emergency patients before surgery to ensure the fitness of patients to the greatest possible extent. Strategies include, "redistributing cases from emergency to elective theatre schedules, day case emergency…
Walsgrove H, Fulbrook P.(2005) Advancing the clinical perspective: a practice development project to develop the nurse practitioner role in an acute hospital trust. J Clin Nurs. 2005 Apr;14(4):444-55. PMID: 15807751
Walsgrove H. (2004) Piloting a nurse-led gynaecology preoperative-assessment clinic. Nursing Times. 2004 Jan 20-26; 100(3):38-41. PMID: 14963959
Byrne JP (2000) The South Australian Nurse Practitioner Project: a midwife's perspective on a new initiative.Collegian. 2000 Jul;7(3):37-9. PMID: 11858406
Le-Mon B. (2000) The role of the nurse practitioner. Nurs Stand. 2000 Feb 9-15;14(21):49-51. No abstract available. PMID: 11971310
Hernandez v. State of Texas (1954)
acts: This case was the only Latino-American civil-rights case heard and decided by the United States Supreme Court during the post-World War II. It involved the 1950 trial of a migrant cotton picker named Pete Hernandez for the murder of Joe Espinosa in Edna, Texas. The trial took place in a city where no one of Mexican origin had served on a jury in the town for over a quarter-century. Hernandez was convicted and his lawyer appealed on the grounds that he had not received his full ourteenth Amendment protections.
The Texas Criminal Court of Appeals upheld the conviction, with the judges arguing that the ourteenth Amendment covered only blacks and whites and not Mexican-Americans. The U.S. Supreme Court reversed the decision of the appeals court: They argued that, yes, the ourteenth Amendment did indeed cover Mexican-Americans because they were a different "class" of…
Facts: In 1984 Harlan Anderson, the appellant, and James Brooksbank formed a corporation (Total Mix Ration, Inc.) that produced and marketed a feed-mixing product. The original letter of intent was signed later amended. In 1995, Anderson requested the return of corporate funds from Brooksbank, but the courts found in Brooksbank's favot.
Issues: The lower court sided with Brooksbank on the grounds that his original "guarantee" of funds was in fact not a guarantee in the strict sense. "The district court concluded that these provisions constituted consideration because they created new or different obligations by respondent, which were not contained in earlier agreements" ( http://www.lawlibrary.state.mn.us/archive/ctappub/9812/c298391.htm ).The court ordered the respondent to pay over $86,000.
Reasons: The appellate court upheld some parts of the decision, rejected others, and remanded the case. Its major reason for doing so involved the relationship between the letter of intent and later amendments to it, arguing that "Consideration is not required if the contract to be modified is still executory and there has been no breach." In other words, an amended contract contains within it the intent of the original contract so long as that contract had not been breached, which in this case it had not.
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…
Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School
Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.
UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at: http://www.altlaw.org/v1/cases/557484
g., when there are deaths of several soldiers or emergency workers of a unit). Combat is a stressor that is associated with a relatively high risk of PTSD, and those interventions that can potentially diminish this risk are very important. But what is not clear in the above is how much the debriefing provided is more a form of stress management for the ?critical incidents? that are very much part of warfare, as opposed to interventions for those psycho- logically traumatized and at risk of PTSD. People in the military are exposed to stressors other than combat, and these may be traumatic (Atwater, 2009). eports of soldiers who were involved in body recovery in the Gulf War provide important insights. This is a high-stress situation, linked to vulnerability to posttraumatic morbidity.
Asnis, et al. (2004) reported that soldiers of one group who had been debriefed were compared with another, which,…
Army News Service. (2007). Army launches chain teaching program for PTSD, TBI education.
Atwater, Alison. (2009). When is a Combat Veteran? The Evidentiary Stumbling Block for Veterans Seeking PTSD Disability Benefits, 41 ARIZ. St.
Asnis, G.M., Kohn, S.R., Henderson, M., & Brown, N.L. (2004). SSRIs vs. non-SSRIs in post traumatic stress disorder: an update with recommendations. Drugs, 64(4), 383-404.
Bergfeld, C. (2006). A dose of virtual reality: Doctors are drawing on video-game technology to treat post-traumatic stress disorder among Iraq war veterans. Business Week.
Kimel v. Florida Board of egents
J. Daniel Kimel, Jr., et al. v. Florida Board of egents, et al., 528 U.S. 62 (2000).
Petitioner employees filed suit against respondent state employers alleging that the employers discriminated against petitioners on the basis of age, in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C.S. § 621 et seq. The respondents filed motions to dismiss those lawsuits, alleging that they were immune from suit under the theory of state sovereign immunity. The trial court granted the respondents' motions to dismiss, and the petitioners sought review of that decision. The appellant court consolidated their cases and affirmed the trial courts decisions. Petitioners sought review of that decision.
Petitioners sought review of the decision of the United States Court of Appeals for the Eleventh Circuit, which had affirmed the trial court's decision granting respondents' motions to…
Kimel v. Florida Board of Regents, 528 U.S. 62 (2000).
Gideon v ainwright (1963)
Citation of Case: 372 U.S. 335 S.Ct. 155 (1963)
Gideon was charged in a Florida state court with a non-capital felony for breaking and entering a poolroom. He appeared in the court without funds and was unable to hire a lawyer for his defense. hen he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial and was convicted by a jury. The court sentenced him to five years in a state prison. Gideon appealed to the State Supreme Court for habeas corpus, on the ground that his conviction violated his rights under the Federal Constitution. The State Supreme Court denied all relief. The U.S. Supreme Court granted certiorari.
Did the state court's denial to appoint counsel for Gideon violate his…
Gideon V. Wainwright, 372 U.S. 335 (1963)." Certiorari to the Supreme Court of Florida. FindLaw. April 21, 2004 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=372&invol=335
Threat or perception of threat is best described by protection motivation theory:
This theory states that the extent to which people show preventive behavior in light of a threat depends on their protection motivation (. W. ogers, 1975, 1983). According to this theory, the level of protection motivation depends on the seriousness of the threat, the probability that the threat will manifest itself, the judged efficacy of the recommended behavior (called response or outcome efficacy), and the self-efficacy expectation relating to that behavior. (Wiegman & Gutteling, 1995, p. 235)
In a practical sense what this theory says about the perceived threat is that as incidences of observation occur in the lives of individuals, be they real or imagined they will likely become more protective and therefore attempt to engage in avoidance of behaviors that have been identified with the production of environmental threat. By doing so this the individual, and…
Agnew, R. (1985). A Revised Strain Theory of Delinquency. Social Forces, 64(1), 151-167.
Lesko, Wayne a (2006). Readings in Social Psychology (6th ed).
New York: Allyn & Bacon.
Lyddon, W.J., & Sherry, a. (2001). Developmental Personality Styles: An Attachment Theory Conceptualization of Personality Disorders. Journal of Counseling and Development, 79(4), 405.