... Including Washington State, where it send its salespeople. Who even though were not authorized to collect payments from the customers still were involved in renting spaces in hotels and businesses, display of sample products and taking orders. So when Washington State sought contributions to the state’s unemployment fund and did not get them, it sued International Shoe who argued that it was not engaged in business in the state. 3. Issue: Did International Shoe have sufficient minimum contacts in Washington State to permit jurisdiction there? 4. Rule: Yes. Minimum contacts with the forum state can enable a court in that state to exert personal jurisdiction over a party consistent with the Due Process clause. 5. Analysis: The activities carried on by International Shoe Co. in Washington were systematic and continuous rather than irregular or casual. The defendant received the benefits and protection of the laws of the state and is subject to jurisdiction there. 6. Conclusion: Judgment affirmed; the state may maintain the present suit to collect the tax. II. 1. Title: Stinton v. Robin’s Wood, Inc. (p. 57) Judgment at trial for Stinton; Defendants appeal. 2. Facts: Ethel Flanzraich, 78 years old, slipped and fell on the steps of property owned by Robin’s Wood. Flanzraich broke her left leg and left arm, so she sued Robin’s Wood alleging that her injuries were caused because of negligence of Anthony Monforte (Robin’s Wood employee) who...
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...In his view, many of the arguments used in support of the metadata retention legislation are the same as those invoked when proposing to place a filter in accessing the internet which infringes on the implied freedom of speech. Ludlam voted against the bill and described the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014 as a "form of mass surveillance". He believes that surveillance should be targeted, proportionate and levelled at serious criminals, organised crime and national security threats and that this bill entrenches the opposite. This indicates the government purpose is to target civilians who are engaging in unlawful acts to help decrease the level of crimes in...
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...Diego Salinas, Matt Hammer, and Daniel Mishkin Facts The First Amendment of the United States Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of Grievances.” Numerous cases discuss whether corporations have First Amendment rights, however only few cases discuss whether the Free Exercise Clause of the First Amendment applies to corporations. In Central Hudson v. PSC (1980) and Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that the First Amendment protects corporations’ commercial speech and political speech, respectively. In Santa Clara Company v. Southern Pacific Railroad (1886) the court ruled that the equal protection clause of the Fourteenth Amendment applies to corporations. The issue of whether the Affordable Care Act violates individuals’ rights to Free Exercise of Religion has also been a hotly debated topic. The Supreme Court Case Church of the Lukumi Babalu Aye v. Hialeah (1993) discussed whether the government can give ordinances that violate an individual’s right to Free Exercise. The Supreme Court Case Shervert v. Verner (1963) showed that a company cannot not provide an employee with compensation benefits if it interferes with the employee’s right to Free Exercise. Issue Should corporations receive...
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...Freedom of Speech under attack; Citizens United v. Federal Election Commission: (2010) A Legal Analysis Everyone has an unequal voice: Citizens United V. FEC Jack Balkin once said, “freedom of speech is the paradigmatic liberty through which one participates in democracy in the pluralist conception. It’s constitutional instantiation, the first Amendment, becomes identified with democratic pluralism itself.” On January 21, 2010 in the case Citizens United v. Federal Election Commission the Supreme Court ruled 5-4 that "the Government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether.” The court declared that corporations are people and in Justice Robert’s...
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...Jamaica established a parliamentary state whose political and legal traditions closely follow those of the United Kingdom. As the head of state, Queen Elizabeth II - on the advice of the Prime Minister of Jamaica - appoints a governor general as her representative in Jamaica. The governor-general has a largely ceremonial role. Jamaica constitutes an independent Commonwealth realm. The Constitution vests executive power in the cabinet, led by the Prime Minister. Executive power is exercised by the government. Legislative power is vested both in the government and in the Parliament of Jamaica. A bipartisan joint committee of the Jamaican legislature drafted Jamaica's current Constitution in 1962. That Constitution came into force with the Jamaica Independence Act, 1962 of the Parliament of the United Kingdom, which gave Jamaica political independence. Constitutional safeguards include freedom of speech, freedom of the press, freedom of worship, freedom of movement, and freedom of association. The judiciary operates independently of the executive and the legislature, with jurisprudence based on English Common Law. The governor-general is largely a ceremonial figure who appoints the prime minister and senate seats through the advice of parliament and the prime minister. The prime minister exercises executive power along with appointing cabinet members. The governor-general is appointed by the monarch on the recommendation of the prime minister. Following legislative elections, the...
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...Research Paper FDA Approval process for Clinical Trials If you, or someone you loved, were diagnosed with a terminal disease, would you chance using a non-FDA approved medication to increase your life expectancy? Many pharmaceutical companies have the medication that could save countless lives, but the FDA clinical trials for these medicines are problematic for enrollment, and thousands of patients are often turned down. New drugs are vitally important to improving the lives and health of Americans. Between 1986 and 2000, new drugs were responsible for 40 percent of the total increase in life expectancy. Yet, the FDA’s clinical trial process remains lengthy and expensive. It takes, on average, more than a decade to bring a new drug from the laboratory to the market. Polls show a clear majority of specialists believe the FDA clinical trial process is too slow and most report having been personally hindered in treating a patient due to the FDA approval process. The clinical trial process initiates when a drug developer submits an Investigational New Drug Application (IND) to the FDA. The IND application includes all available data on the proposed investigational drug, including the results of any animal testing. In reviewing IND applications, the FDA seeks to ensure that the proposed trial does not expose patients to “unreasonable risk of harm.” Clinical trials then move ahead in three mandatory human testing phases. Phase I consists of giving the investigational drug...
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...Historical Perspective: Immigration Reform and Gun Control Laws Leslie S. Purdy PAD510 Intro. Public Policy Analysis July 17, 2013 Dr. Phillip Neely Jr. Immigration is an issue at the heart of America. Today, with the exception of the few appropriately named Native Americans, every American is an immigrant or a descendent of an immigrant. In recent years the discussion of immigration policy in the United States has focused mainly around the regulation and selection of legal immigrants and the control and penalties regarding illegal immigrants. The historical perspectives of former President George H. W. Bush, and President Obama clearly shows how different the immigration issue is for republicans and democrats alike. Each party appears to be pro-immigration for varying reasons. President Bush found that during his time as governor of Texas that many immigrants entered the country through illegal means as a viable workforce. During his second term as President he also found that many Americans did not agree with giving undocumented immigrants a path to legal citizenship, and found it difficult to come up with a program for immigration reform. Some of former President Bush’s comprehensive immigration reform included: 1. Introduce a guest worker program, which would include a tamper-proof identification card 2. Enhance border security 3. Stricter immigration enforcement at businesses, which would reduce exploitation and help slow demand for illegal...
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...CONTENTS I. Introduction........................................................................................................2 II. Sociolinguistic Perspective................................................................................3 III. Data Selection....................................................................................................5 IV. Analytical Toolbox............................................................................................6 V. Analysis..............................................................................................................8 Whole text and communicative purpose......................................................9 Visual aids..................................................................................................13 Sentences and covert messages..................................................................14 Words and connotations.............................................................................17 VI. Conclusion.......................................................................................................19 I. Introduction The same-sex marriage movement deals with what is arguably a leading social issue in the United States today. In 1996, the Defense of Marriage Act (DOMA) legally fixed the definition of marriage to be that which includes one man and one woman, including the provision that “states need not recognize a marriage from another...
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...compared with 1.55 percent for the Group of 10 nations, Bloomberg surveys of economists show. “The U.S. is our favorite market,” Hiromasa Nakamura, a bond investor in Tokyo at Mizuho Asset Management Co., which oversees the equivalent of about $42 billion, said Dec. 12 in a telephone interview. “The level of debt is high but I think they will deal with it,” he said. “Financial dislocations are continuing and investor money is flowing to the reserve currency, the U.S. dollar.” Currency Advantage When it lowered the U.S. rating, S&P, the world’s largest provider of credit analysis, said the failure up to then of Democrats and Republicans to agree on budget cuts made the U.S. less creditworthy, downplaying the country’s ability -- unlike individual European nations -- to print as much money as it needs to pay its debts. Congress cleared a $1 trillion spending bill on Dec. 17 that lawmakers called a bipartisan compromise. “It is the ability...
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...Gari Components, Inc. TO: Sam McGillicuddy, GCI President DATE: March 22, 2006 SUBJECT: Position on the Kyoto Accords DIST: Martha Smith, GCI Chief Technical Officer FOREWORD: Gari Components, Inc. is well-known to emit quite a large volume of greenhouse gases throughout the course of routine operations. Recently, at a quarterly shareholder meeting, a group of vocal shareholders voiced their opinion on this particular facet of GCI, declaring that they wanted to see the company’s tendency to produce these gases substantially decrease. They also inquired into GCI’s standing on the Kyoto accords, a recent treaty signed by several major world powers advocating the reduction of greenhouse gas emissions. I, a civil engineer for GCI, was asked to inquire into these accords, as well as investigate our company’s ethical responsibilities in this matter. I have researched the matter thoroughly, and have come to several conclusions on these topics. The purpose of this memo is recommend a course of action for GCI in relation to a response to these shareholders for the next quarterly meeting, as well as give a justifiable explanation for these conclusions. SUMMARY: I soon discovered after researching the Kyoto Accord and its related subjects thoroughly that opinions vary widely on the topic. Overall, despite enjoying a fair amount of popularity throughout much of the world, several countries, such as the United States and Australia, have issues...
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...2014 Senior Seminar/US-VA Government Research Paper What should the federal government do about an issue facing the United States of America today? You will be writing a research position paper that will receive grades in both your English and government classes. The paper will serve as an introduction to Model Congress. Project Objectives: • Prepare for Model Congress and complete a benchmark for English 12 POS ▪ Students will select a federal policy issue which interests them and research the policy (if it is a historical topic, think about the following: did Congress pass the legislation? Why did the policy succeed or fail? Did the president approve or veto the policy?) ▪ Each public policy topic from the list may only be selected by ONE student in each class period ▪ Students will make connections between their chosen public policy and topics studied in U.S. Government. Students must choose three of the topics below to address in their paper somehow: 1) Bipartisanship or lack thereof in Congress 2) Bureaucracies (agencies or heads of agencies) 3) Divided government or unified government 4) Federalism (lobbying efforts from states) 5) Interest groups (name specific) 6) Media (advertisements – describe) 7) Presidential leadership 8) Party discipline (or lack thereof) in Congress Requirements of the Combined Research Paper 1. Thesis Statement 2. Annotated Bibliography 3. Formal Outline 4. Final Paper...
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...GUIDELINES FOR CASE ANALYSIS The following guidelines are designed to assist in the case analysis process. The Guidelines are not intended to be a rigid format, however. Each question is intended to surface information that will be helpful in analyzing and resolving the case. Each case is different, and some parts of these guidelines may not apply in every case. Following each case are discussion questions that should be answered as part of any complete case analysis. The heart of any case analysis is the recommendations made based upon a solid logical foundation. The questions dealing with Problem and Issue Identification and Analysis and Evaluation should be used to define and then defend recommendations made in the final Recommendations step. Guidelines for Analyzing Cases Problem and Issue Identification 1. What are the central facts of the case? What assumptions are you making about these facts? 2. What is the major overriding issue in the case? What major question or issues does this case address that merits study at this point in the course? 3. What sub-issues or related issues are present in the case that merit consideration now? Analysis and Evaluation 1. Who are the stakeholders in the case and what are their stakes? What challenges, threats or opportunities are posed by these stakeholders? 2. What economic, legal, ethical, and philanthropic responsibilities does the company have, and what is the...
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...IS CAMPAIGN FINIANCE RESTRICTION FAIL OF RIGHTS? INTRODUCTION Campaign finance reform has not managed either to promote political equality or prevent corruption. Even worse, in order to enhance the relative voice of others, the government decides to set donation limitation—restrict the speech of some elements. It is nothing else but to sacrifice people’s right to pursue an alleged political equality and preventing corruption, thus, it raises an ethical problem that restriction on campaign finance is fail of right. When looking into literatures of campaign finance reform, the debate of rights often based on the free speech protected by the First Amendment. People neglected that the free express of political petition is also a basic right acknowledged by the Universal Declaration of Human rights. Thus, I will examine this argument in the article from a broad to narrow scope. This article will analyze the campaign finance regulation’s failure from a right perspective. The article will demonstrate that some moral theorists divide rights into positive and negative categories which create distinctive correlative duties. This article will argue that the present restriction is actually infringe people’s rights and goes against with Universal Declaration of Human rights and the First Amendment. Moreover, the compel disclosure of donor’s information violates people’ s right to privacy, thus, such an act by government may be over regulated. Part 1 of this article will introduce...
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...The Effect of Campaign Finnacne on Democracy Daniel Sykes Student ID 250719824 Every election cycle, huge sums of money are spent in the promotion for campaigns to elect or re-elect candidates for public office. These contributions play a vital role in the success of election campaigns. Sources of campaign donations range from big businesses and trade unions to PACs (political action committees) such as the NRA. These groups donate to candidates in the assumption and hopes that the candidate will pursue a discourse and perhaps implement legislation that benefits the donating group. When we refer to “campaign finance”, we are of course referring to funds that are used to promote and advertise, hire advisers, pay for travel expenses, administration fees and other costs associated with running a campaign. The Presidential Election of 2008 generated one billion US dollars in campaign contributions and finance1, with this figure on the rise, many have spoken out against the propensity of election victories to be seemingly “bought” by the party who generated the most funds2. In this essay I will be discussing whether or not big money in campaign finance is a threat to democracy. It is important to consider the history of campaign finance reform and how it evolved over time, for this gives us a better perspective when reviewing our modern situation to see if democracy has lost its way. Before the 19th century, the majority...
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...July 25, 2013 Introduction The purpose of this paper is to analyze and discuss how Adam Smith’s economic theories have shaped our economy for the better. This paper will define Adam Smith’s major economic theories and relate them to today’s economy. This paper will conclude with recommendations on how some of these theories can be improved. Discussion When people think of Adam Smith they think of Adam Smith “the economist.” In fact, many don’t realize that Adam Smith was a philosopher at heart. From that critical thinking space as a philosopher, Adam Smith developed his economic theories. Adam Smith obtained a professorship at Glasgow teaching moral philosophy. “Here, Smith developed his passion for liberty, reason, and free speech. In 1740 Smith was awarded the Snell exhibition and left to attend Balliol College, Oxford.” (Buchanan, 2006) These are important facts about Adam Smith because it gives us an insight to his philosophy and eventually into his economic theories. Furthermore, before Adam Smith wrote his well-known work, The Wealth of Nations, he wrote The Theory of Moral Sentiments. It is important to note that in writing The Theory of Moral Sentiment, Adam Smith’s goal “was to explain the source of mankind's ability to form moral judgments, in spite of man's natural inclinations towards self-interest. Smith proposes a theory of sympathy, in which the act of observing others makes people aware of themselves and the morality of their own behavior.” (Falkner...
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