...fund, but a mechanism to support high-impact and priority programs and projects using savings and unprogrammed funds. DAP also enabled the government to introduce greater speed, efficiency, and effectiveness in budget execution. DAP was introduced when the Aquino Administration assumed office in 2010, it unearthed systemic inefficiencies in public spending. These included poorly-designed and questionable projects that need to be cancelled; the prevalence of lump sum funds; implementation bottlenecks; among others. Unfortunately, its efforts to plug leakages and reform the budget execution process had the effect of slowing down spending. From January to September of 2011, government disbursements shrank by 7.3 percent year-on-year. Underspending was most severe in the case of infrastructure, which slumped by 51.3 percent. These, alongside the global economic slowdown, pulled down gross domestic product (GDP) growth to 3.6 percent in the first three quarters of 2011, from 7.6 percent in 2010. Clearly, the government could not have afforded to nothing. The DAP tapped the power of the president over a) the use of savings to augment deficient programs and projects; and b) the use of unprogrammed funds. * Savings are available portions or balances of items under the General Appropriations Act (GAA) which result from: a) the completion or final discontinuance or abandonment of a program, activity,...
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...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...|1 |Lejla Isic |Case: Rochin v. California, 342 U.S. 165 (1952) page 37 of the Textbook | |2 |Sara Mirkovic |Case:U.S. v. Armstrong, 517 U.S. 456 (1996) page 42 of the Textbook | |3 |Nderim Ferati |Case: Katz v. U.S., 389 U.S. 347 (1967) page 55 of the Textbook | |4 |Amra Džafić |Case: U.S. v. White, 401 U.S. 745 (1971) page 62 of the Textbook | |5 |Valentina Cenaj |Case: Kyllo v. U.S., 533 U.S. 27 (2001) page 65 of the Textbook | |6 |Dajana Grgić |Case: Illinois v. Caballes, 543 U.S. 405 (2005) page 69 of the Textbook | |7 |Refik Čavčic |Case: California v. Hodari D., 499 U.S. 621 (1991) page 76 of the Textbook | |8 |Drilona Cenaj |Case: Terry v. Ohio, 392 U.S. 1 (1968) page 89 of the Textbook | |9 |Sejla Karic |Case: Adams v. Williams, 407 U.S. 143 (1972) page 85 of the Textbook | |10 |Naid Avdic |Case: Illinois v. Wardlow, 528 U.S. 119 (2000) page 103 of the Textbook | |11 |Tugce Melek |Case: Hiibel v. Sixth JDC of Nevada, Humboldt County et al., 542 U.S. 177 (2004) page 114 | | | |of the Textbook ...
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...1. What is Computer Forensics? System forensics is the process of systematically examining computer media as well as network components, software, and memory for evidence. System forensics involves collecting, preserving, analyzing, and documenting evidence to reconstruct user activities. Appropriately collected evidence is often presented in court to solve criminal cases and prosecute criminals. 2. How has technology improved the way criminal investigators perform their job? Technology improved the way criminal investigators perform their jobs by making it easier to track things, there is different types of software out there today to help them with these issues, and make the jobs easier, when you have different technology to help. 3. Why would a company report or not report a compromise case? The reason a company may or may not report a compromise because if it’s not in their favor and they may report it if it’s in their favor and vice versa. They wouldn’t want to look incompetent. 4. Who is in charge of labeling and securing sensitive information? The one in charge of labeling and securing sensitive information is the forensic specialist. 5. What is the Daubert standard? The Daubert Standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. 6. Why would someone use a hex editor in a forensic investigation? The reason someone would use a hex editor in a forensic investigation...
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...TABLE OF AUTHORITIES PAGES: UNITES STATES SUPREME COURT CASES Adams v. United States ex rel. McCann, 317 U.S. 269 (1942) ARIZONA V. FULMINANTE, 499 U.X. AT 310-311 (1992) Brecht V. Abrahamson, 507 U.S. 619, 629-630 (19930 CARTER V. ILLINOIS, 329 U.S. 173, 174-175 (1946) CLEBURN TEXAS V. CLEBURNE LIVING CENTER, 473 U.S. 432, 439 (1985) COLUMBUS BOARD OF EDUCATION V. PENICK, 443 U.S. 449 (1979) DAVIS V. UNITED STATES, 417 U.S. 333 (1974) DENT V. WEST VIRGINIA, 129 U.S. 114, 123 (1889) DESHANEY V. WINNEBAGO DEPARTMENT OF SOCIAL SERVICES 489 U.S. 189, 195, 196 (1989) FARETTA V. CALIFORNIA 422 U.S. 806, 819-821 (1975) FAY V. NOIA, 372 U.S. 391 (1963) FIORE V. WHITE 521 U.S. 225, 228-220 (2001) (PER CURIAM) HARRIS V. MCRAE, 448 U.X. 297, 317-318 (1980) TABLE OF AUTHORITIES PAGES: IN RE WINSHIP 397 U.S. 358, 364 (1970) (EMPHASIS ADDED) JACKSON V. VIRGINIA 443 U.S. 307, 309 (1979) KOLENDER V. LAWSON, 461 U.S. 352, 357 (1983) MCKASKLE V. WIGGINS 465 U.S. 168, 177 N. 8 (1984) ROBINSON V. NEIL, 409 U.S. 505, 509 (1975) SCHLESINGER V. COUNCILMAN, 420 U.S. 738, 755 (1975) SHELLY V. KRAEMER, 334 U.S. 1, 22 (1948) STRAUDER V. WEST VIRGINIA, 100 U.S. 303 (1879) STRICKLAND V. WASHINGTON, 466 U.S. 668 (1984) THORNBURGH V. AMERICAN COLLEGE OF OBSTERICIANS AND CYNECOLOGISTS, 476 U.X. 747, 791 (1986) (WHITE, J. JOINED BY REHNQUIST DISSENTING) UNITED STATE V. CRONIC...
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...Criminal Law Case List Gideon v. Wainwright, 372 U.S. 335 (1963) Argersinger v. Hamlin, 407 U.S. 25 (1972) Carmell v. Texas, 529 U.S. 513 (2000) City of Houston, v. Hill, 482 U.S. 451 (1987) Miles v. United States, 101 U.S. 304 (1880) Miller v. Florida, 482 U.S. 423 (1963) RAV v. City of St. Paul, 505 U.S. 377 (1992) Abbate v. United States, 359 U.S. 187 (1959) Frisbie v. Collins, 342 U.S. 519 (1952) Hudson, v. United States, 522 U.S. 93 (1997) Petite v. United States, 361 U.S. 529 (1960) Waller v. Florida, 397 U.S. (1970) Robinson v. California, 370 U.S. 660 (1962) Smith v. United States, 508 U.S. 223 (1993) Atwater v. City of Lago Vista, 532 U.S. 318 (2001) Carella v. Claifornia, 491 U.S. 263 (1989) Liparota v. United States, 471 U.S. 419 (1985) Jacobsen v. United States, 503 U.S. 540 (1991) Medina v. California, 505 U.S. 437 (1992) Powell v. Texas, 392 U.S. 514 (1967) United States v. Bailey, 444 U.S. 394 (1979) Wisconsin v. Mitchell, 508 U.S. 476 (1993) Enmund v. Florida, 458 U.S. 782 (1982) Vacco v. Quill, 521 U.S. 793 (1997) Washington, et al. v. Glucksberg, 521 U.S. 702 (1997) Albers v. California, 354 U.S. 476 (1957) Doe v. Bolton, 410 U.S. 179 (1973) Heller v. New York, 413 U.S. 483 (1973) Kansas v. Crane, 534 U.S. 407 (2002) Kansas v. Hendricks, 521 U..S. 346 (1997) Kaplan v. California, 419 U.S. 915 (1974) Lawrence v. Texas, 539 U.S. 558 (2003) Miller v. California, 413 U.S. 15 (1973) Paris Adult Theater v. Slayton, 413 U.S. 49 (1973) ...
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...According to The March of Dimes Global Report on Birth Defects, every year an estimated 8 million children – 6% of total births worldwide – are born with a serious handicap. Of these 8 million children, at least 3.3 million children younger than 5 years of age die annually because of their handicap condition (CITE). Those children who do end up surviving will most likely be mentally and/or physically disabled for the rest of their life. With at least two handicapped newborns being born everyday, the healthcare industry is constantly faced with decisions regarding what the correct ethical treatment options should be for handicapped newborns. Whether or not treatment regimens should even be administered to handicapped newborns has caused a great deal of controversy in our society, and has ultimately come down to two different options: Should there be a law that makes it illegal to withhold treatment from handicapped newborns? Or should the decision of treatment be up to the parents and/or physicians? Since the number of handicapped newborns being born into the United States is only going to increase, this is definitely an ethical topic that needs to be addressed by both the public and lawmakers. Withholding treatment from handicapped newborns has been an ongoing issue since 1973, when the first phase of this ethical controversy occurred. Dr. Raymond Duff and Dr. Ian Campbell, physicians in the newborn intensive care unit at Yale-New Haven Hospital, decided to let the public...
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...object is binding when it’s made after the object has already been found by another person. Applicable Law In Oregon Supreme Court ruling MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), the court has sided with the finder of a lost pocketbook and demanded that the rightful owner pays a reward to the finder, after the pocketbook has been returned. The owner claimed that the pocketbook was found before the rewards has been announced, and that the finder delayed returning to pocketbook. “To entitle plaintiff to a reward for finding a lost pocketbook, it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the return of the book.” MacFarlane, 2. The court decided that it was irrelevant when the offer for reward was made, as the reward is for returning the item to the rightful owner and not for merely finding it. The Oregon Supreme Court has also ruled in Watts v. Ward, 1 Ore. 86, 88 (Or. 1854), that the finder has a right to hold onto the lost property until a reward promised to him or her is actually paid. “ Where a reward is offered for lost property, the finder, when he complies with the terms of the offer, has a right to retain the property in his hands until the promised reward is paid to him.” Watts, 4. Application to our Case In our case, Alan has found an...
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...Review & Summary: The article that I am reviewing is “ The Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with...
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...Mills v. District of Columbia Mills v. District of Columbia is a case involving parents in Washington, D.C., who filed a suit against the public school system requesting that access to public schools be provided for their children with mental retardation. The parents won their suit, and this helped expand the ruling to include all students with disabilities. Mills court also made it impossible for schools to claim fiscal inability as an excuse. This case was later strengthened by the US Supreme Court decisions like Goss v. Lopecad and Honig v. Doe. This case is important to the field of special education because, it helped pave the way for enactment of a major new act named “Individuals with Disabilities Education Act” (IDEA). This gave students with disabilities what they needed to help them reach their full potential. Special education services were now being made available, such as interpreters, or assistants. This difference helps students fit in with their peers, and helps them feel like they aren’t different. In addition, allows them to attend public schools and be put in classes that fit them and their education level. This case continues to impact the world. Many schools try to get away with not budgeting so much towards these programs, however, the courts have ruled that they have to. No matter what the excuse is anymore, schools have to find the resources and make them available for all the students. Because all students should be treated equal, no matter...
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...Case Study Analysis – Connecticut v. Teal (1982) HRM/552—Organizational Training and Development Case Summary The case of Connecticut vs. Teal is a part of landmark Supreme Court cases that were heard in the 1980s. Black employees that worked for the State of Connecticut were promoted to supervisors with a provision that for their promotion to become permanent, they would have to pass a written examination. There were 48 black candidates and 259 white candidates that took the written examination. A little over half of the black candidates that took the examination passed, however the black employees that did not pass were excluded from the remaining selection process to become permanent supervisors (Connecticut v. Teal, 1982). These employees filed lawsuit against the State of Connecticut in Federal District Court alleging that, “petitioners had violated Title VII of the Civil Rights Act of 1964 by requiring, as an absolute condition for consideration for promotion, that applicants pass a written test that disproportionately excluded blacks and was not job related (Connecticut v. Teal, 1982). Prior to the case going to trial, the petitioners promoted 22.9% of the black candidates and 13.5% of the white candidates from the eligibility list. Due to these promotions, the employer felt that by applying the bottom line concepts, the black employees had been more favorably promoted. The District Court sided with the employer and ruled that the “bottom line” percentages were...
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...Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district...
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...9/27/15 Case 7.1 Bruesewitz v. Wyeth, LLC I: Whether or not Wyeth was liable for its product, or vaccine? R: NCVIA act allows people injured by a vaccine to file for compensation but the acts quid pro quo eliminates liability for a vaccine's unavoidable, adverse side effects. No fault compensation program A: Acts quid pro quo provides an efficient compensation program for vaccine injuries; in exchange they avoid costly tort litigation C: U.S Supreme Court affirmed the lower courts judgement and they can't bring further to any court because the party had received enough compensation from the act 7.2 Wilson Sporting Goods Co. v. Hickox I: Whether there was product liability based on design defect R: Consumer expectation test says a product is unreasonably dangerous when it fails to perform in the manner that would reasonably be expected by an ordinary consumer A: An ordinary consumer would have expected the mask to perform more safely than other models and would have expected baseball masks to disperse rather than concentrate energy C: The judgment of the court affirmed in favor of plaintiff 7.3 Johnson v. Medtronic, Inc. I: Whether the plaintiff could pursue a theory of recovery alleging both a design defect and defect in warning label R: Product is defective only when foreseeable risks posed by product could be reduced or avoided by reasonable instructions A: They could not establish that the Medtronics use couldn’t be anticipated ...
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...18th and 21st Amendments : The 18th Amendment was ratified on January 16, 1919 to forbid the making, transporting and selling of alcoholic beverages. During the 1830s, it was estimated that the average American of over 15 years of age drank 7.3 gallons of pure alcohol a year. This resulted in many religious groups promoting the idea of outlawing alcohol throughout the nation. The religious groups considered alcohol and the drunkenness as a threat to the nation. The prohibition of alcohol was known as the Noble Experiment. People believed the national experiment would reduce crime activity, improve health, decrease the need for prisons, solve social problems, etc. Unfortunately, the experiment backfired. Instead, the law encouraged large,...
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...1. Sexual solicitation by a person in a position to confer benefit: Ontario Human right conde 7.3 2. Employers understand that the dismissal of an employee can fall into either of two categories: (i) Explicit dismissal, where the employer decides to terminate the employment of an employee and so informs the employee; or (ii) “Constructive” (sometimes called “effective” or “deemed”) dismissal, which occurs when the employer unilaterally changes a fundamental term of the employment relationship with the employee without explicitly terminating the person’s employment. 3. Wrongful dismissal: The unlawful termination of an employment contract where the termination breaches one or more terms of the contract of employment 4. Entitlement: An individual's right to receive a value or benefit provided by law. 5. Tort (defamation): Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements). 6. Reasonable notice: An employee is entitled to a certain amount of notice (or pay in lieu ofnotice) when their employment is terminated without cause. Solutions: 1. Alternative dispute resolution (ADR): refers to any means of settling disputes outside of the courtroom. Negotiation (dialogue to reach a beneficial outcome), conciliation, mediation, and arbitration (one or more arbitrators who make a binding decision on the dispute) 1. Agency duties: fiduciary (person who holds a legal or...
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