...Learning Team ‘A’ Reflection: Week Four IRAC Brief LAW/531 May 12, 2014 Learning Team ‘A’ Reflection: Week Four IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had the power to make union membership optional” (Livengood, 2014). In this brief, we will identify how the legal concept of Right to Work is applied to relieve employees of compulsory union fees in a managerial setting using the IRAC method. Issue – Are mandatory service fees payable to collective bargaining agencies constitutional for state civil service non-union employees? Rule – “Agency shop” policies enforcing compulsory union fees may force employees to go against their own principles [Ellis v (Brotherhood of Railway, Airline & Steamship Clerks, 466 US 435, 455; 104 S Ct 1883; 80 L Ed 2d 428 (1984)]. Prohibiting or forcing employees to support ideological beliefs and unions violates a person’s constitutional right in the eyes of the State of Michigan. Analysis – The Michigan Court of Appeals considered the limits of the law to avoid infringing on laws superseding...
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...Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from the Filomen D’Agostino and Max E. Greenberg Research Fund. I thank Perri Ravon and Annmarie Zell for their research assistance and Professor Reva Siegel for her comments. 1 135 S. Ct. 2584 (2015). 2 The case presented two questions: (1) “Does the Fourteenth Amendment require a state to license marriage between two people of the same sex?” and (2) “Does the Fourteenth Amendment require a...
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...Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions | |Contractual relationships, where one party alleges a tort. | |Economic Loss Doctrine | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) ...
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...The Treaty of Lisbon: An Analysis After more than 50 years of European integration, the Treaty of Lisbon is a new step forward but also a deeply contested concept. This essay begins with an overview of how the new Treaty came about and why it was seen as necessary, followed by an analysis of its new developments structured into four parts. Firstly, it considers how the LT is supposed to increase the EU’s effectiveness through more qualified majority voting, the co-decision procedure and through institutional changes including the creation of new leadingpositions.Secondly,democraticvaluesaremoreclearlydefinedandrolesof theEuropeanand national parliaments are reinforced. Thirdly, the LT has attempted to improve citizen’s rights, for example by the new citizens’ initiatives, as well as by making the Charter of Fundamental Rights legally binding. Fourthly, the LT has introduced several political changes, including more cooperation on the common foreign and security policy and how to combat external threats as a global actor with a single voice. Moreover, this essay considers how the LT differs from the Constitutional Treaty, arguing that although no longer a formal constitution, it does maintain constitutional elements. It then looks at some specific issues; in particular, whether legitimacy, transparency and accountability have been improved, and takes the view that while this is the case to some extent, there remains much room to f urther improve. Finally, it also f ocuses on the...
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...EU & Turkey, Trade and Policies, Summary Chapter 1: The formation of the European Union United Europe has been the vision of many statesmen since the Roman Empire, and more recently of philosophers/politicians (17th century (). Winston Churchill; spoke of European Federation (1951) but true fathers of borderless continent were: Robert Schuman and Jean Monnet (supported/complemented by Paul Henri Spaak and Jacques Delores). Why was Europe created: They wanted to avoid repetition of wars between Europeans (especially avoid another conflict between France and Germany). Germany wasn’t punished because Americans learned from WWI. To avoid repetitions politicians/intellectuals came up with free commerce, democracy, and individual freedoms. The sincere collaboration (early 1950s until today) made peaceful Europe possible. They also wanted to rebuild Europe equitably after WWII, to share vital resources to mutual benefit, to counter threat of communism, to leverage with USSR and US, and eliminate acute nationalism and racism. The importance of the EU to Turkey: 1. number 1 trading partner for Turkey 2. one of 4 world’s major powers 3. Turkey aspires to join the EU 4. Turkey needs Europe to be democratic 1951 – Paris (ECSC) 1st form of Europe-wide collaboration among states was ECSC (European Coal & Steel Community) in 1951 and was developed in free trade and commerce within the newly formed EEC (European Economic Community). ECSC was created to...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...The Complexity of Ethical Decision Making Former U.S. Supreme Court Justice Potter Stewart remarked, "Ethics is knowing the difference between what you have a right to do and what is right to do." In parsing out a virtuous ethical identity, psychologists strive to embrace several American Psychological Association [APA]-worthy overarching principles, to apply the enumerated guidelines within the Code of Ethics, and to cultivate personal and professional integrity in their quest to serve others. Furthermore, making an ethical commitment to placing the well-being of clients above one’s own personal feelings is paramount in providing effective therapeutic services that clients seek. However, the gentle human interplay of dependency, power, and will; the uniqueness and unpredictability of autonomous human beings; and the complexity of personality, behavior, and the inimitable experiences of each individual clearly drive and complicate the process of ethical decision-making. In espousing the “very highest ethical ideals of the profession (Hill, 2008),” eventually every psychologist must find a way to merge her purely objective, linear, and rational ethical catechism with her own intuitive responses to best reflect and balance her style, therapeutic orientation, and professional belief system with the needs of each distinct client. Conversely, a purely sensate approach to ethical decision-making, it seems, relies too heavily on subjectivity, whimsy, and emotions...
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...Ethical Obligations and Decision Making in Accounting Text and Cases Steven M. Mintz, DBA, CPA Professor of Accounting California Polytechnic State University, San Luis Obispo Roselyn E. Morris, PhD, CPA Chair and Professor of Accounting Texas State University-San Marcos Boston Burr Ridge, IL Dubuque, IA Madison, Wl New York San Francisco St. Louis Bangkok Bogota Caracas Kuala Lumpur Lisbon London Madrid Mexico City Milan Montreal New Delhi Santiago Seoul Singapore Sydney Taipei Toronto Table of Contents Chapter 1 Integrity: The Basis for Ethics in Accounting 1 What Is Ethics? 1 Definition 1 Application of Ethical Reasoning in Accounting DigitPrint Case 33 32 Conclusion 34 Discussion Questions 34 Endnotes 36 Chapter 2 Cases 37 2 Case 2-1: A Faulty Budget 38 Case 2-2: Better Boston Beans 39 Case 2-3: Eating Time 40 Case 2-4: Is Internal Whistle-Blowing "Right"? Case 2-5: Play Ball 43 Case 2-6: Supreme Designs, Inc. 44 Case 2- 7: The City of West Buckle 46 Case 2-8: The CPA Review Course 47 Case 2-9: The Ethics ofiPod-ing 48 Case 2-10: The Tax Return 49 Distinguishing between Ethics and Morality Religious and Philosophical Foundations of Ethics 3 Teleology 4 Deontology 6 41 Acting with Integrity Personal Integrity 8 7 The Moral Point of View 7 The Six Pillars of Character.... 8 Trustworthiness 8 Respect 10 Responsibility 10 Fairness 11 Caring 11 Citizenship 12 Chapter 3 Ethical Decision Making in Business 50 What Is Business Ethics...
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...inappropriate behavior can be caused by peers, supervisors, or managers that will take advantage of their job title and act inappropriate, promising rewards in exchange for sexual favors that interfere with employees work performance creating an intimidating, hostile, or offensive working environment. A victim may consent or agree to certain conduct and actively participate in it even though it is offensive and objectionable. Therefore, sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. In most modern legal situations, sexual harassment is illegal. This paper will take into consideration different elements of the law including Employment Law, facts, ethical, and legal issues tried before to the U.S. Supreme Court. It will also offer suggestions for prevention and corrective action pertaining to the issue of sexual harassment in the workplace. Facts During 1985-1990, petitioner Beth Ann Faragher worked as a lifeguard for the Marine Safety Section in the city of Boca Raton, Florida. After five years, Faragher decided to resign due to the intimidating work environment that she and other female co-workers experienced from supervisors, Bill Terry and David Silverman. Both supervisors acted inappropriately with the female employees, making offensive jokes about their body shapes, using vulgar language when talking about women, and frequently touching the female employees without their consent. During the new...
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...American Pop: Popular Culture Decade by Decade. Ed. Bob Bacthelor. Westport, CT: Greenwood Press 2009. 978-0-313- 34410-7. 4 vol. 1,604p. $375.00. Gr. 9-12. This four volume set gives students a broad and interdisciplinary overview of the many and varied aspects of pop culture across America from 1900 to the present. The volumes cover the following chronological periods: V 1. 1900-1929, V 2. 1930-1959, V 3. 1960-1989 and Vol. 4. 1990-Present. There is an Introduction for each volume focusing on the major issues during that period. There is a Timeline of events for the decade which gives extra oversight and content to the study of the period and an Overview of each dcade. Chapters focus on specific areas of pop culture (Advertising, Books, Entertainment, Fashion, Food Music and much more) supplemented with sidebars containing stories, photos, illustrations and Notable information. There are endnotes for each decade and a Resource Guide and Index. Volume 4 also contains a Cost of Products from 1900-2000, and an Appendix with Classroom Resources for teachers and students and a Cumulative Index. Students, teachers and the general reader will love sifting through the experiences of Americans as they easily follow the crazes, technological breakthroughs and the experiences of art, entertainment, sports and other cultural forces and events that influenced each generation. Reference– Popular Culture ...
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...The Role of Corporate Law in Preventing a Financial Crisis: Reflections on In re Citigroup Inc. Shareholder Derivative Litigation Franklin A. Gevurtz* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. II. CITIGROUP AS A CASE STUDY IN EXCESSIVE RISK-TAKING .............................. III. TOOLS FOR CURBING EXCESSIVE RISK-TAKING AND THE ROLE OF CORPORATE LAW ............................................................................................... A. The Tools for Curbing Excessive Risk-taking ............................................. 1. Regulation of Business Activities .......................................................... 2. Capital Requirements ........................................................................... 3. Compensation Rules ............................................................................. 4. Liability for Unreasonable Risks .......................................................... 5. Selection of Management (Rules of Corporate Governance) ............... B. Dividing the Tools Between Banking and Corporate Law .......................... IV. WHY IT MATTERS: CITIGROUP AS AN ILLUSTRATION OF THE LIMITATIONS OF STATE CORPORATE LAW ........................................................ A. Citigroup As a Case Study In Weak Corporate Law................................... 1. Overview ..................................................
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...the issues pertaining to them. Female Offenders Then and Now Over the years, the empirical evidence supporting the position that women offenders are treated less harshly than their male counterparts has been at best inconsistent. (Burnett, 1994: Coombs, 1995: Denno, 1994: Johnson & Nagel, 1994: Klein & Kress, 2014). The writers of these studies used a variety of theses to explain the leniency. Some suggested women are treated with chivalry and thus given lighter sentences for similar offenses created by men. While others suggested the leniency was due to the majority of females in the court system are first time offenders. In 1994, Kathleen Davy published Gender, Crime and Punishment. In the book she explores whether men and women who are convicted of similar crimes, are punished differently. Davy utilized forty male and female pairings of similar crimes, analyzed the court cases and concluded women participate in less serious crimes and this is the only factor in their lenient sentencing; concluding gender is not a factor. Coombs (1995) conducted...
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...assets are being cunning and lack of empathy. These two traits are evident in his modus operandi, numerous escapes from police custody and trial(s). As an adolescent Bundy initially made good impressions due to of his good looks and superficial charm, however interpersonal relationships made him feel uneasy and he never felt that he fit in. Moreover, Bundy enjoyed being alone. When his stepfather tried to incorporate him in family events for example, Bundy chose to be alone. Bundy enjoyed spending many hours alone as a child listening to the radio, and enjoyed things like travel alone (Michaud, 2000, p21) For someone who was such an introvert, he had a remarkable ability to gain the trust of others. His popularity at school was not a reflection of his nature, his ability to mimic...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald 2014 EDITION CPE CoursE! BONUS Earn CPE Credit and stay on top of key Multistate Corporate Tax issues. Go to CCHGroup.com/PrintCPE 2014 EDITION MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald ii Contributors Authors ........................................................... John C. Healy, MST, CPA Michael S. Schadewald, PhD, CPA Technical Review ....................................................... Sharon Brooks, CPA Production Coordinator ................................................... Gabriel Santana Production ......................................................................... Lynn J. Brown Layout & Design..................................................................Laila Gaidulis This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. © 2013 CCH Incorporated. All Rights Reserved. 4025 W. Peterson Ave. Chicago, IL 60646-6085 800 344 3734 CCHGroup.com No claim is made to original government works; however, within this Product or Publication, the following are subject to CCH’s copyright: (1) the gathering, compilation...
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