...Criminal Law in Action Final Project: Arson Michigan v. Tyler, 436 U.S. 499 Arson: Michigan v. Tyler, 436 U.S. 499 Michigan v. Tyler was decided in 1978. This was the first arson case to go to the Supreme Court. Only a few defense attorneys read the case briefs which made the fire investigator’s job easier. Before this decision search warrant at a fire was unheard of. Loren Tyler and Robert Tompkins leased a furniture store, Tyler’s Action, in Oakland County, Michigan. On January 21st, 1970 the fire occurred before midnight. The fire department extinguished the fire and found two jugs containing flammable liquid. The arguments of the state was questions of when and to what extent of warrant is to be mandatory for post fire and by analogy other post disaster investigations and of which evidence is admissible against in particular arsonists who burn their own buildings. The case arises as out of facts which were the most part are typical of any arson for profit case with two small exceptions. In relating the facts and in attempting to justify, a warrant was post fire searches in general as well as the searches which occurred in particular in this case. Testimony of Oscar Frisch, a former employee of the respondents will prove that he helped move valuable items from the store and old furniture into the store a few days before the fire. He also related that the respondents had told him there would be a fire on January 21, and had instructed him to place mattresses...
Words: 1895 - Pages: 8
...UNITED STATES DISTRICT COURT WESTERN DISCTRICT OF MICHIGAN SOUTHERN DIVISION ESTATE OF ROLAND ROHM, by its Personal Representative, Geraldine Livermore, Plaintiff, vs. Case No. 1:04-CV-552 Hon. Richard Alan Enslen DANIEL LUBELAN, individually, JOHN JULIN, individually, JERRY ELLSWORTH, individually, STEVE HOMRICH, individually, DAVID BOWER, individually, jointly and severally, Defendants. _______________________________________/ Of Counsel: HILL AND ASSOCIATES, LLP DeClercq Druminski & Perlman James D. Hill (P88332) Anthony J. DeClercq Attorney for Defendant Attorney for Plaintiff 161 N. Clark St. 55171 Pacific Ridge Drive Chicago, IL 60601 Macomb, MI 48042 (913) 706-9986 (586) 321-7630 JamesDonaldHill@gmail.com decler16@msu.edu January 12, 2002 DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS Table of Authorities........................................................................................................ii Issues Presented...............................................................................................................1 Statement of Facts...........................................................................................................1 Summary of the Argument..............................................................................................3 Standard of Review................................
Words: 3221 - Pages: 13
...2000. GDT started selling a product quite similar to hers at much higher prices through all of its distribution channels. When Lindgren found out she filed a lawsuit in the federal district court in Iowa against GDT for infringement. GDT, claiming that it has no affiliation with the State, expressed its right to exercise its in personam jurisdiction and filed a motion to dismiss the case in Iowa. Yet, Lindgren countered by stipulating that online the company gave the option of delivering its products to Iowa (with FedEx). Ruling: Lindgren failed to make a prima facie case of personal jurisdiction. Yet, the court found that Lindgren’s claim could continue in the central district of California. GDT’s motion to dismiss was denied. Judicial Opinion: Due process requires that in order to subject a non-resident to the jurisdiction of a state’s court, the latter should have a certain minimum contact with it. The contacts with the state should be more than ‘random’, ‘fortuitous’ or ‘attenuated’. Use of a precedent: Zippo manufacturing case. The Zippo court observed that the likelihood that the personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and the quality of the commercial activity that an entity conducts over the Internet. In GDT’s case there is no continuous, long-term contacts or obligations with customers. Indeed, though it is interactive and commercial it is not specifically directed at Iowa. Lindgren countered that because...
Words: 4325 - Pages: 18
...Table of Contents Table of Contents…………………………………………………………………………..Page 1 Abstract…………………………………...……………………………………………………...2 History of the Clean Water Act..……………………………………………………...…………3 The Purpose and Intent of the Clean Water Act……………………….…......………………….5 Summary of the Clean Water Act...........................................................................................…. .5 How the Clean Water Act affects Businesses………………………………………..…………..6 Conclusion…………………………………………………………………...…………………..10 References……………………………………………………………………………………….11 Appendix Case Study …………………………………………………………………………...………..7 Abstract This paper was written with the attempt to educate the reader on the inception and brief history of “clean water act of 1972”. Before this important law companies used our waterways as liquid landfills. This law was one of many that was desperately needed to help make America a better place for generations to come. Antonio Hines Environmental Science November 3, 2014 The Clean Water Act of 1972 History of the Clean Water Act Dead fish floating in our river ways and different wildlife lying on the banks of our streams was common place in the early 60’s. In Ohio, the Cuyahoga River in Cleveland was so polluted that it caught fire – for the tenth time! Time Magazine reported that Lake Erie was dying from all the waste dumped into it. Saint Louis took its drinking water from the muddy Missouri River because it had gotten to the point that no one wanted...
Words: 2419 - Pages: 10
...S. 306 (2003) Historical Setting In 2003, Barbara Grutter, a white female, applied to the University of Michigan Law School. This is one of the top law schools in the country, and up denied enrollment Grutter challenged it to race. She claimed it violated the 14th amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. § 1981 due to her race being one of the predominate factors of admission. The case was argued in the U.S. Court of Appeals for the Sixth Circuit on April 1, 2003. The decision was on June 23, 2003. Grutter fought to get her case reheard, but it was denied. Case Summary The University of Michigan Law School uses a variety of tools to select students. They use a mixture of the application, academic ability, potential seen in candidates, letters of recommendation, grade point average, score on the Law School Admission Test (LSAT), amongst much...
Words: 603 - Pages: 3
...force. The removal of the glass ceiling has not come without some problems. From 2000 to 2004 reverse sexual harassment charges rose 34 percent. In the one year’s time 2004 to 2005 reverse sexual harassment charges rose 17 percent, doubling the previous four years. With several landmark judgments in New York, New Jersey, and Michigan the precedent has been set for reverse sexual harassment cases and monetary awards. A Growing Trend in Business: Reverse Sexual Harassment Every year over 200 men file a reverse sexual harassment charge with the Equal Employment Opportunity Commission (2008). The charges range from harassment by female co-workers to male bosses ignoring their complaints. It's always worth knowing what a civil rights case is worth, but since jury awards don't get reported in the books, the only way to know is through court decisions that pass judgment on them, usually when the losing party tries to reduce the amount. Today we have a better sense of what a reverse sexual harassment is worth. In the court case of Singleton vs. City of New York (2009) judgment was passed on January 30, 2009 with an award of $300,000 to the plaintiff. In summary, Singleton worked for a female boss and was pursued by her sexually. After every refusal, singleton was victim to some sort of retaliation. He was made to switch shifts, or forced to work over time on short notice, and have requests for vacation time lost. Each time he was made to switch shifts...
Words: 944 - Pages: 4
...The Death Penalty Is It a Deterrent to Cop Killing And Crime in General Eastern Michigan University School of Police Staff and Command Executive Lieutenant Ronald Livingston Huntington Woods DPS Huntington Woods, MI An applied research project submitted to the Department of Interdisciplinary Technology as part of the School of Police Staff and Command Program. 2 Abstract This paper examines whether or not the Death Penalty is a deterrent to crime in general and more specific, it examines if the Death Penalty is a deterrent to the murder of Police Officers in the line of duty. It explores the history of the death penalty as our country moves through different periods in its history. Comparisons were made of regions throughout the country as to how the death penalty impacts crime in general and whether the fact that having the death penalty makes Police Officers safer with potential Cop killers knowing that the death penalty awaits them should they kill an Officer. This paper was compiled mainly by researching online periodicals, newspapers and books. This is a topic that evokes strong feelings, pro and con. These feelings and responses to certain crimes provide a virtual emotional roller coaster ride depending on circumstances. The killings of two Detroit Police Officers earlier this year proved to be no different. 3 Table of Contents Abstract ………..……………………………………………………………………..2 Table of Contents………………………………………………………………….....3 Introduction…………………………………………………………………………...
Words: 8281 - Pages: 34
...……………………………………………………………………………………16 Abstract Affirmative action has been the topic of some debate because people wonder if it has outlived its usefulness. It is a very controversial topic. This paper will address this issue, is affirmative action still needed in today’s world? This paper will tell what affirmative action is, the history, the legal history of it, the people for it, the people against it, the benefits of affirmative action, the cons of affirmative action, and finally how I feel about affirmative action What is Affirmative Action? Affirmative action is only applied to those who have 15 or more employees, or a government contract of fifty or more employees or a contract over $50,000. The following summary describes affirmative action: Born of the civil rights movement three decades ago, affirmative action calls for minorities and women to be given special consideration in employment, education and contracting decisions. Institutions with affirmative action policies generally set goals and timetables for increased diversity – and use recruitment, set-asides and preference as ways of achieving those goals. In its modern form, affirmative action can call for an...
Words: 3943 - Pages: 16
...The “Hosanna-Tabor” Case in the US Supreme Court Introduction “Evangelical Lutheran Church and School Hosanna-Tabor v. Commission for Equal Employment Opportunities-CIOE” is a famous case decided in January 2012 by the United States Supreme Court. It addressed the right to religious freedom and the establishment clause, the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether...
Words: 2788 - Pages: 12
...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
Words: 1444 - Pages: 6
...Cyberbullying A new important issue is arising, especially with the younger generation. Since the dawn of time, humans have harassed each other in many different ways. As technology brought in new ways to interact with each other, a new form of bullying has developed. This new type of bullying has the same effect as its previous version, but now it has evolved into the cyber world. Cyberbullying is a problem in today’s society for all internet users and proves to be a problem for Congress. As history has shown us, bullying can develop serious mental problems. Everyone who attended any type of school has witnessed or personally experienced some type of bullying. Bullying is, by definition is a, “repeated act of aggressive behavior in order to intentionally hurt another person, physically or mentally” (Wikipedia). There are two major types of bullying. The physical aspect is known as direct bullying as this would consist of any form of physical contact. The other method is know as being indirect, such as yelling, slander, and making other verbal jokes or remarks towards the target. Cyberbullying would be known as an indirect form of bullying. Many beliefs present to why bullying occurs. A hypothesis is believed that bullies act outward from what directly happens to them. A bully may have been bullied themselves, so the event represents a food chain. A bully may have someone they look up to, who is a bully. So in order to try and please their role model the new bully mimics...
Words: 2001 - Pages: 9
...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
Words: 8496 - Pages: 34
...Ricci v. DeStefano Jennifer Drab Baker College Abstract Ricci v. DeStefano is case based on reverse discrimination. The New Haven firefighters that brought this suit against the city did so on the belief that the city in its efforts to avoid litigation violated Title VII of the Civil Rights Act. Reverse discrimination is a term that is used widely; however, it is very difficult to move forward with this claim in a court of law. The New Haven firefighters that brought the suit had their case heard before the Supreme Court of the United States. This was not a case that the justices took lightly; they asked many difficult questions, which looked at many different aspects of Title VII. The answer from the high court is that rejecting the test scores in fear of Title VII litigation is not grounds enough to disqualify candidates that qualified for promotion. In the end, the high court upheld the firefighters claim that the city’s rejection of the exam scores violated the rights of those that qualified based on the exam. Introduction Ricci v. DeStefano, is case of reverse discrimination within the fire department of New Haven, Connecticut. This case is an illustration that affirmative action does not always result in fairness. New Haven city officials created a very comprehensive written examination for testing those fire fighters that were looking to be promoted to captain and lieutenant (Epstein, 2009). Unfortunately, the examination showed that there was disparity...
Words: 3478 - Pages: 14
...THE LAW ON ASSISTED SUICIDE On July 26, 1997, the U.S. Supreme Court unanimously upheld decisions in New York and Washington state that criminalized assisted suicide. These decisions overturned rulings in the 2nd and 9th Circuit Courts of Appeal which struck down state statutes banning physician-assisted suicide. Those courts had found that the statutes, which prohibited doctors from prescribing lethal medication to competent, terminally ill adults, violated the 14th Amendment. In striking the appellate decisions, the U.S. Supreme Court found that there was no constitutional "right to die," but left it to individual states to enact legislation permitting or prohibiting physician-assisted suicide. (The full text of these decisions, plus reports and commentary, can be found at the Washinton Post web site.) As of April 1999, physician-assisted suicide is illegal in all but a handful of states. Over thirty states have enacted statutes prohibiting assisted suicide, and of those that do not have statutes, a number of them arguably prohibit it through common law. In Michigan, Jack Kevorkian was initially charged with violating the state statute, in addition to first-degree murder and delivering a controlled substance without a license. The assisted suicide charge was dropped, however, and he was eventually convicted of second degree murder and delivering a controlled substance without a license. Only one state, Oregon, has legalized assisted suicide. The Oregon statute...
Words: 13101 - Pages: 53
...expectations and goals of what students should be learning. The curriculum also provides the resources to use that align with the skills or strategies being taught (Danielson, 2002). For previous years and years to come, the curriculum has been the most important part of a school. Choosing the appropriate curriculum and making sure it is fully implemented has been challenging to educational leaders. Periodically, many states often update their curriculum to make sure it continues to align with the state standards. The beginning of the support for public education curriculum came in 1872 in the Kalamazoo case in Kalamazoo, Michigan. In 1874, the case brought to the Michigan Supreme court orders that the state was given the right to support public education by levying taxes. Many other court cases followed this asking for taxes to be levied to support education (The Kalamazoo Case, 1872). John Franklin Bobbit has had the most influence in the education curriculum design. He was an American educationalist and specialized in the field of curriculum. After creating a curriculum for the Philippines, Bobbit realized that a curriculum had more useful solutions than just an American textbook. He believed the curriculum created by the school was a blue print used to prepare students for the future of being a citizen in society. He influenced the curriculum by showing how various teaching methods could correspond to social needs. Bobbit created the following steps...
Words: 1190 - Pages: 5
