...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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...or executive actions in order to promote conservative or liberal objectives. | In the 1950s the Warren Court were seen to follow a liberal agenda and be judicially active. With a liberal and activist majority on the court the Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. Warren Court Cases | 1954 Brown vs the Board | Based on 14th Amendment- ended segregation and overturned Plessey vs Fergusson | Baker v. Carr and Reynolds v. Sims 1962-4 | Based on the 14th Amendment- asserted the right of all votes to be of equal value- and lead to reapportionment across the USA. | Gideon v. Wainwright,1963 Miranda v. Arizona, 1966 | Right to legal representation and to be informed of rights. The ‘Miranda warning’ | Engel v. Vitale 1962 | Outlawed school prayer. Based on First Amendment. | Griswold vs Connecticut | Found a ‘right of privacy ‘in the 14th Amendment | Warren’s successor Warren Burger 1969-1986 appointed by Nixon as a conservative, extended some of Warren’s precedents most famously Roe vs Wade used the precedent set by the Griswold case. In Swann v. Charlotte-Mecklenburg Board of Education (1971) the court upheld the policy of ‘bussing’ school children to create mixed race schools. The Warren/Burger courts were criticised by conservatives who claimed they attacked family values and up held the rights of criminals. Republican presidents began to have since sought to create a more conservative court...
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...Amal Dahir May/11/2017 THE CASE STUDY The Movie disguised campaign ad or a journalistic documentary? Should the Court have created an exception in the law to permit its broadcast? What could it have done? The movie was a good example journalistic documentary and it was not disguised campaign. Also, the main purpose of the movie was to disgorge people to vote for her. In additional the movie made while she was in campaigning for the Democratic presidential. however, the Supreme Court did perfect step to permit the broadcast. Also, the law is clear only allowed to show the movie before 60 or 30 days before an election. I would the same what the court did which everyone is equal under the law. 2. Should the First Amendment protect corporate...
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...The United States elections have become awash in money. More than ever, from the presidential elections to the local elections there has been a significant quantity of undisclosed donations referred to as dark money. Dark Money describes election funds from nonprofit organizations that do not have the obligation to disclose their contributors. However, any election funding that stems from organizations who are not required to disclose their donors is considered dark money. As well these nonprofits are not allowed to be political. Although they donate a large amount to candidates, the donor groups are limited to the form of speech they can produce for a candidate. They have to create issue ads which aren’t deemed to be political since the ads...
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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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...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 the confusion occurred in Iowa it injured her business. Plus, she argued that the name of her...
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...Ieva Massehian ECON 303 N. Pulchritudoff March 7, 2015 Robert Reich’s Aftershock: The Next Economy and America’s Future Robert Reich, former secretary of labor in B. Clinton administration and current professor of Public policy in University of California, Berkley starts his 12th book “Aftershock: The next Economy and America’s future” from presenting well known cause of 2008 economic crisis: ““For too long,” Geithner says, referring to the period leading up to the financial bust, “Americans were buying too much and saving too little.” However, soon it becomes clear that Reich has different point of view what really happened in the wake of the one of the worst economic crisis in world’s history. Author starts his argument by looking back to America’s history and analyzing Great Depression and Great Recession. He is inspired by chairman of Federal Reserve board M. Eccles who was convinced that purchasing power of middle class was reduced by uneven distribution of income. “He draws heavily on his thinking, that the blame lies on a similar but worse economic trauma—the Great Depression—on the vast accumulation of income in the hands of the wealthy in the ’20s, which siphoned purchasing power away from other Americans.” This situation compromised the growth of economy and the economy collapsed. Reich agrees that the stagnation of middle-class buying power has been a drag on growth. “If earnings are inadequate,” he asserts, “an economy produces more goods and services...
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...UNIT 2 Answer Key CHAPTER 5 IV. Section 4: Party Organization A. Structure Federalism, nominating B. Organization at the National Level 1. convention 2. chairperson C. State and Local Organization 1. election, caucuses 2. wards Prereading and Vocabulary 2 1. should cut back on expensive government programs Sample definition: Conservatives believe in cutting costs and government programs. 2. came to vote Sample definition: The electorate is the group of people who are allowed to vote. 3. voted at the polling place, elementary school Sample definition: A precinct is a small area from which all the residents report to vote at one location. 4. wards 5. bipartisan 6. nominate 7. Liberals 8. resign CHAPTER 5 Section 1 Reading Comprehension 3 1. Answers for rankings will vary. Historical basis: The two-party system is rooted in the beginnings of the U.S., when the ratification of the Constitution gave rise to the first two parties. Tradition: Most Americans accept the idea of a two-party system simply because there has always been one. Electoral system: Since only one winner per office comes out of each election, voters have only two viable choices—the candidate of the party holding office or the candidate with the best chance of replacing the current officeholder. Voters tend to think of a vote for a minor party candidate as a wasted vote. Republicans and Democrats work together in a bipartisan way to write election laws to make...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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...No. 12-3 pìéêÉãÉ=`çìêí=çÑ=íÜÉ=råáíÉÇ=pí~íÉë= _______________ JACKIE HOSANG LAWSON AND JONATHAN M. ZANG, v. FMR LLC, ET AL., _______________ Respondents. Petitioners, IN THE On Writ Of Certiorari To The United States Court Of Appeals For The First Circuit _______________ BRIEF FOR RESPONDENTS _______________ STEPHEN M. SHAPIRO TIMOTHY S. BISHOP MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 (312) 706-8684 MARK A. PERRY Counsel of Record PORTER N. WILKINSON GEOFFREY C. WEIEN GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 955-8500 mperry@gibsondunn.com RACHEL S. BRASS GIBSON, DUNN & CRUTCHER LLP 555 Mission Street Suite 3000 San Francisco, CA 94105 (415) 393-8200 Counsel for Respondents QUESTION PRESENTED Section 806 of the Sarbanes-Oxley Act of 2002 provides “[w]histleblower protection for employees of publicly traded companies.” 18 U.S.C. § 1514A(a). The question presented is whether this provision covers only employees of public companies. ii LIST OF PARTIES Respondents FMR LLC, Fidelity Management & Research Company, FMR Co., Inc., and Fidelity Brokerage Services LLC disclose the following information: The named defendant FMR Corp. was merged into a limited liability company prior to the filing of the complaints in this action. FMR LLC is the surviving entity; FMR Corp. no longer exists. FMR LLC is the parent of Fidelity Management & Research Company. FMR Co., Inc. and Fidelity Brokerage Services...
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...Does bounded rationality make paternalism more attractive? This Essay argues that errors will be larger when suppliers have stronger incentives or lower costs of persuasion and when consumers have weaker incentives to learn the truth. These comparative statics suggest that bounded rationality will often increase the costs of government decisionmaking relative to private decisionmaking, because consumers have better incentives to overcome errors than government decisionmakers, consumers have stronger incentives to choose well when they are purchasing than when they are voting and it is more costly to change the beliefs of millions of consumers than a handful of bureaucrats. As such, recognizing the limits of human cognition may strengthen the case for limited government. INTRODUCTION An increasingly large body of evidence documenting bounded rationality and non-standard preferences has led many scholars to question eco1 nomics’ traditional hostility towards paternalism. After all, if individuals have so many cognitive difficulties then it is surely possible that government intervention can improve welfare. As Christine Jolls, Cass Sunstein, and Richard Thaler write: “bounded rationality pushes toward a sort of antiantipaternalism—a skepticism about antipaternalism, but not an affirmative 2 defense of paternalism.” Even if these authors stop short of endorsing traditional hard paternalism, such as sin taxes and prohibitions,...
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...several types of severely constrained embedded devices, which may be battery powered and are equipped with low-power radio frequency (RF) transceivers. The use of RF communication allows flexible addition or removal of devices to or from the network and reduces installation costs since wired solutions require conduits or cable trays. However, the dynamics of radio propagation, resource limitations, and the mobility of some devices challenge the design of WHANs. Several organizations and companies have developed WHAN solutions according to different architectures and principles. This article surveys the main current and emerging architectures and technologies tailored to or suitable for WHANs. The next section illustrates use cases, and states the main features and requirements for WHANs. We then present an...
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...Justice in the workplace: Why it is important and why a new public policy initiative is needed Provocation Series Volume 2 Number 3 Professor Paul Edwards FBA, Industrial Relations Research Unit, Warwick Business School and Senior Fellow, Advanced Institute of Management Research Justice in the workplace Contents Executive summary 3 Introduction 6 Job quality and limited success in dealing with it 8 The proposals: building workplace justice 13 Workplace justice 19 Limits to legally based solutions 24 Labour market and employer-led changes 27 Constraints and possibilities 31 Concluding remarks 39 References 42 Notes 45 Acknowledgements The help and encouragement of Keith Sisson have been crucial to the production of this paper, which is a completely revised version of the 2005 Annual Employment Relations Lecture, Keele University. I am grateful to colleagues at Keele and to the audience there, and also to David Coats and Paul Marginson, for comments and suggestions. I take sole responsibility for the views expressed. 2 Justice in the workplace Executive summary The goal of improving fairness in the workplace has been central to UK public policy since 1997. For rather longer, companies have spoken of employee empowerment through such things as teamwork. Much has been done in both areas, but major concerns remain. In relation to fairness, employee rights give entitlements, but these rights also need to be meaningful and effective. In the workplace,...
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...Better energy MERIDIAN ENERGY LIMITED ANNUAL REPORT 2014 for the year ended 30 June 2014 02 ny C omp a e r v iew ov 04 from Re p o r t ir an d o u r C h a ut ive E xe c C hie f The nu 50 mbers 6.7 % 13.01 Total dividend in FY2014 EBITDAF 1 ahead of prospectus CENTS PER SHARE $ 24 . 3% higher than forecast in the prospectus, including a 2 .00cps special dividend. Invested in communities and environmental projects 3.5M 2 New wind farms generating electricity Delivering on our commitment to shareholders In our first full-year results after partially listing on the New Zealand and Australian stock exchanges in October 2013, we have achieved solid results for shareholders. EBITDAF 1 , a key indicator of profitability, has exceeded the prospectus forecast by $36.9 million (6.7%). We have also delivered a higher-thanforecast full-year cash dividend for our shareholders, resulting in a 21.8% total shareholder return 2 to 30 June 2014 . 2014 highlights FRONT COVER Jeremy Takao, Russell School, Porirua, helping to celebrate first power at Meridian’s new Mill Creek wind farm near Wellington in May 2014. Meridian Energy Limited Annual Report for the year ended 30 June 2014 IN THIS REPORT 2 4 8 10 12 18 22 26 Company overview Report from our Chair and Chief Executive Our Board Our executive team Customers Generation Environment Community 30 People 34 Summary of Group performance 40 Directors’ statement 35.3 % Average...
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...WOMEN DEVELOPMENT AND NATIONAL POLICY ON WOMEN IN NIGERIA Olubunmi Aderemi Sokefun Abstract This paper discusses the document on women in Nigeria (National Policy on Women). Several past administrations in this country have treated women issues and affairs with calculated levity: Carefully side - tracking or blatantly refusing to accord it the necessary attention. It is now a thing to gladden the hearts of all women of Nigeria that, "after four attempts by four former heads of Nigeria's Government," Chief Obasanjo's administration finally granted government recognition to women's issues in this country. The official document .on Human Rights' issues as it relates to Nigerian women; this document is known as the NATIONAL POLICY ON WOMEN. This paper therefore focuses on the document which promises to bring delight to the heart of every woman in this country. Introduction When late Mrs. Olufunmilayo Ransome Kuti joined the vanguard team as the only nationalist and activist during the early struggle for Nigerian independence, hardly did .anybody realize then that she had a dream, a clear vision of a future Nigerian woman, that vision was crystal clear in her heart, and like a pivot, it stood firmly on three stand posts-known today as women's rights, women emancipation and women empowerment.. . Mrs. Olufunmilayo Ransome-Kuti later joined by some educated women of like minds, fought daringly and relentlessly for these three .pivotal goals of women emergency and relevance in the socio-political...
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