...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained...
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...Anti-Trust Laws and the Consumer Anti-trust laws protect the consumer from unfair and deceptive trade practices. These laws were created to protect business owners, consumers and economic efficiency. In an open and free market, businesses must provide quality products and services to consumers as well as truthful representation of their goods and services. Misrepresentation results in inferior products and artificially inflated prices for the consumer and is at times accomplished through unlawful collusion between competitors. A fair and open market where businesses compete in a non-monopolistic environment brings economic efficiency as businesses are encouraged to find more efficient methods of production stay in the market. Inefficient firms that fail to understand consumer needs, eventually lose in the market. If open market competition was nonexistent, cartels and monopolies would be free to distort the allocation of society’s resources for economic profit in the long run. This would result in economic loss to consumers as well as competitive harm to the economy. In the United States, the basic federal antitrust laws are: The Sherman Act of 1890, the Clayton Act (1914) and the Federal Trade Commission Act of 1914. The Sherman Act prohibits the restraint of trade and the creation of monopolies and is an important part of economic legislation in the United States. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids or engage in other...
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...According to Disadvantages-Of-Surveillance-Technology" (2013) website. Technology today is a fundamental part of any successful police agency and as such the impact of leadership upon technology procurement, policies and programs is critical. As we approach 2015, the overall law enforcement effort will be hampered by police leaders who do not understand technology and accelerating change, who do not appreciate the advantages that well managed information technology systems can bring their agency, and who continue to focus resources on Industrial Age methodologies based upon traditional cultural attitudes toward information and information-sharing. We will discuss camera and wiretap surveillance and how it effects law enforcement. Camera and wiretap surveillance is a method that would support law enforcement to oversee crime and making sure the city is running safely, it would permit law enforcement to watch how the city and people are conducting themselves. According to "Ehowtech" (1999-2013), Camera and wiretap surveillance not only dissuade crime from occurring, but they also help to apprehend criminals that continue to carry out crimes. Day spy cameras are extremely advantageous as many of them can be self-controlled remotely, while others have night vision aptitudes. They can be tremendously small in size and transmit—or record—high-quality images. Disadvantages of using cameras, people will fill that they having their privacy invaded, According to "Disadvantages of Surveillance...
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...diverse and equitable – organization. The approach requires an initial assessment of where the organization is and a commitment to a vision of where it wants to be in the future. From an analysis of the gap between where the organization is and where it wants to be, specific interventions are then designed to accomplish the identified change goals. The MCOD model, based on earlier work by Jackson and Holvino, provides a useful way for an organization to: 1. frame an initial assessment of where it is on the path to multiculturalism, 2. decide on a vision of multiculturalism it wants, and 3. select appropriate goals and interventions to support its desired vision. THE MULTICULTURAL ORGANIZATION DEVELOPMENT MODEL MONOCULTURAL Exclusionary Committed to the dominance, values and norms of one group. Actively excludes in its mission and practices those who are not members of the dominant group. Passive Club Actively or passively excludes those who are not members of the dominant group. Includes other members only if they “fit” the dominant norm. Values and promotes the dominant perspective of one group, culture or style. TRANSITIONAL MULTICULTURAL Compliance Positive Action Redefining Passively committed to including others without making major changes. Includes only a few members of other groups. Committed to making a special effort to include others, especially those in designated protected “classes.” Tolerates...
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...IBS 611 LEGAL ISSUES IN GLOBAL ENVIRONMENT THE MULTINATIONAL ORGANIZATION AND THE UNFAIR COMPETITION LAWS INTRODUCTION The purpose of this paper is to discuss the name and describe the different types of structural organizations used by multinational corporations. The different organizational structures are the parent company, the nonmultinational enterprise, the national multinational enterprise, and the international multinational enterprise. I will also discuss the home state regulation of multinational enterprises. The forms of regulations discussed in this paper will be the Sherman Antitrust Act, the Clayton Act and the Robinson-Patman Act. Also there effects on business in the 21st century. THE MULTINATIONAL ORGANIZATION The Parent Company To carry out operations internationally, large business have adapted their organizational structures to share risks and to take advantage of economies of scale. The simplest international operating structure is the “nonmultinational enterprise,” in which a firm organized in one country contracts with an independent foreign firm to carry out sales or purchasing abroad. Somewhat more complex is the “national multinational enterprise,” in which a parent firm established in one country establishes wholly owned branches and subsidiaries in other countries. The most complex is the “international multinational enterprise” made up of two or more parents from different countries that co-own operating businesses in two or more...
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...1. Statute law laws crated by State and Federal Parliament 2. Common law courts and judiciary system 3. Equity expands remedies beyond monetary compensation Classification of law: * International v domestic * Public v private * Substantive (rights and duties under the law) v procedural (rules of evidence and conduct) * Common (parliament and courts) v civil (legal code) * Civil actions v criminal actions Origins of Australian Law: * 1865 Colonial Laws Validity Act NSW (AUS) can pass own laws as long as they don’t conflict with England laws * 1901 Federation 6 separate states become 1 Government * 1931 Statute of Westminster legislative independence. * 1986 Australia Act Final court of appeal became the High Court The Westminster System: * A constitutional monarchy * Separation of powers 1) The Parliament Legislative 2) The Executive Government 3) The Judiciary interprets the law Making a law: 1. Draftsman drafts a Bill 2. 1st, 2nd, 3rd reading in HOR 3. 1st, 2nd, 3rd reading in Senate 4. Governor General consent 5. Bill becomes an Act and become law The Judiciary: Rule of law a means of maintaining the balance between personal freedom and legislative power in a modern democracy. Role of the courts: Impose a legally binding decision on the parties to the dispute. Features of the court hierarchy: * Provides a system of appeals * Allows different forms of hearing ...
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...appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of the Warren Court charged that it “had gone too far in interfering with police work.” With its decisions in the cases of Mapp v. Ohio, Gideon v. Wainwright, and Escobedo v. Illinois the Warren Court handed down the bases of what it called the “fundamentals of fairness” standard. At both the State and federal level, the Court sent a clear signal to law enforcement and criminal justice officials....
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...Government to establish rule regulating the admission of noncitizens into the country. The Supreme Court has invoked the doctrine to permit the federal government, and at times the states, to discriminate against immigrants with the lawful right to remain permanently in this country. Because the plenary power doctrine bestows constitutional immunity on the immigration laws, the laws have been more extreme with class and racial impacts far clearer and more direct in immigration law than in other bodies of U.S. law. The Bush administration expressly relied on the plenary power doctrine in targeting Arab and Muslim noncitizens for special rules and procedures in the "war on terror" after September 11, 2001. The doctrine also serves to immunize from meaningful judicial review federal laws that discriminate against immigrants who live in the United States). Congress and the executive branch generally have the final say on immigration law and policy (Olivas). Noncitizens have comparatively little input. And the courts ordinarily do not interfere with the substantive decisions...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Unclassified Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development DAF/COMP(2014)14 06-Jun-2014 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE DAF/COMP(2014)14 Unclassified AIRLINE COMPETITION -- Background Paper by the Secretariat -18-19 June 2014 This document was prepared by the OECD Secretariat to serve as a background note for Item IX at the 121st meeting of OECD Competition Committee on 18-19 June 2014. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. More documents related to this discussion can be found at http://www.oecd.org/daf/competition/airlinecompetition.htm. English - Or. English JT03358883 Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP(2014)14 TABLE OF CONTENTS Introduction ................................................................................................................................................. 3 1. Features of the airline industry .............................
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...Antitrust law is the law of competition, and it is perhaps the least understood law of all. This article provides an overview and explanation of the essential principals of antitrust law, along with comments on certain recurring themes and recent developments in the voluminous case law by which the courts have struggled to give meaning and practical effect to the principal antitrust statutes. What Is Antitrust Law? Broadly speaking, antitrust laws seek to promote fair competition on the merits and to protect consumers and wronged competitor businesses from anti-competitive business practices — practices undertaken in effort to undermine competitive commercial behavior in a given market or line of commerce. The antitrust laws therefore forbid the wrongful acquisition or preservation of monopoly power, the abuse of monopoly power in order to establish a new monopoly, and concerted restraints of trade (i.e., business practices undertaken by two or more firms that improperly stifle or suppress “competition on the merits” in a given market). They also govern proposed mergers and acquisitions that are sufficiently large to constitute a threat to competition, and they address commercial practices that pose an arguable danger to competition on the merits in a properly defined antitrust market. The Principal Antitrust Offenses. Antitrust law is the law of competition. It is concerned with wrongs committed against competition on the merits in a given line of commerce or market. It is...
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...Creating Competition in the Market for Operating Systems: A Structural Remedy for Microsoft Thomas M. Lenard, Ph.D. Vice President for Research The Progress & Freedom Foundation January 2000 ©Copyright 2000, The Progress & Freedom Foundation. All rights reserved. TABLE OF CONTENTS EXECUTIVE SUMMARY iii I. INTRODUCTION 1 II. MICROSOFT’S OPERATING SYSTEM MONOPOLY 3 III. NEW MARKET DEVELOPMENTS 5 A. America Online/Netscape Merger 5 B. America Online/ Time Warner Merger 6 C. Linux 6 D. Information Appliances 6 E. Web-Based Computing 7 IV. ANTICOMPETITIVE ACTS: THE NETSCAPE BROWSER 8 A. Market Division Proposal 9 B. Exclusive Arrangements with Original Equipment Manufacturers (OEMs) 9 C. Exclusive Arrangements with Internet Access Providers (IAPs) 10 V. OTHER ANTICOMPETITIVE ACTS 12 A. Java 12 B. Intel 12 C. IBM 13 VI. HARM TO CONSUMERS 14 VII. ALTERNATIVE REMEDIES 16 A. Conduct Remedies 16 B. Structural Remedies 17 1. Functional Divestiture 18 2. Full Division Remedy 19 3. One-Time Licensing Auction 21 VIII. The Hybrid Structural Remedy 22 A. The Minimum Scope of the Windows Company 23 B. The Applications Company 24 C. Addition of Products into the Windows Companies 25 D. Other Operational Issues 26 1. Shareholders 26 2. Intellectual Property 27 3. Employees 27 4. Contracts 28 ...
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...Erasmus Law and Economics Review 2, no. 1 (March 2006): 71–85. COMPARING THE US AND EU MICROSOFT ANTITRUST PROSECUTIONS: HOW LEVEL IS THE PLAYING FIELD? John P. Jennings, J.D., LL.M.* Spencer Fane Britt & Browne LLP Abstract The United States and the European Union have spent considerable time and resources pursuing antitrust cases against Microsoft over the past decade. While the antitrust cases began in similar fashions, the US and EU have diverged significantly in responding to Microsoft’s business practices. Given the similarity of US and EU antitrust law, it is debatable why the Microsoft antitrust litigation developed differently in each jurisdiction. While the US case generally ended in a settlement that has been criticized as too lenient on Microsoft, the EU case ended in a decision imposing harsh remedial measures and a severe fine. We find plausible explanations for the disparity to include a differing focus between US and EU antitrust policy, various political considerations, and the different issues confronting regulators in each case. Keywords: US antitrust, EU competition, Microsoft, Litigation, Software, Bundling, Tying. JEL classification: K21. * Mr. Jennings is an attorney practicing in the Kansas City, Missouri office of Spencer Fane Britt & Browne LLP. He earned his LL.M. degree in European Community Business Law from the University of Amsterdam where his master’s thesis was a comparison of US and EU antitrust law. Mr. Jennings gratefully acknowledges the...
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...Instructor’s Manual: Chapter 12 Teaching Objectives Define B2B commerce and explain its scope and history. • Explain the procurement process, the supply chain, and collaborative commerce. • Identify the main types of B2B commerce: Net marketplaces and private industrial networks. • Explain the four types of Net marketplaces. • Identify the major trends in the development of Net marketplaces. • Identify the role of private industrial networks in transforming the supply chain. • Explain the role of private industrial networks in supporting collaborative commerce. Key Terms total inter-firm trade, p. 770 B2B commerce, p. 770 Internet-based B2B commerce (B2B e-commerce), p. 771 automated order entry systems, p. 771 seller-side solutions, p. 771 electronic data interchange (EDI), p. 772 buyer-side solutions, p. 772 hub-and-spoke system, p. 772 vertical market, p. 772 horizontal markets, p. 772 B2B electronic storefronts, p. 772 Net marketplace, p. 772 private industrial networks, p. 773 procurement process, p. 775 supply chain, p. 775 direct goods, p. 776 indirect goods, p. 776 MRO goods, p. 776 contract purchasing, p. 776 spot purchasing, p. 776 multi-tier supply chain, p. 777 legacy computer systems, p. 778 materials requirement planning (MRP) system, p. 778 enterprise resource planning (ERP) system, p. 778 supply chain management (SCM), p. 779 tight coupling, p. 779 supply chain management (SCM) systems...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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