...Case Citation: United States v. Johnson, 43 C.M.R. 604 (C.M.R. 1970) Parties: United States, Plaintiff / Appellee Willard E. Johnson, Defendant / Appellant Facts: On November 7, 1969 in Vietnam, the Appellant Willard Johnson was on guard at the main nearby gate. While on guard the appellant was speaking to another fellow soldier. His Lieutenant and another Sergeant were discussing issues. The Sergeant requested the Appellant to run an errand and the Appellant was reluctant to do so. The Appellant asked the Sergeant politely for permission to go and speak with the Inspector General. The Lieutenant felt that the Appellant was insubordinate and the he said, “lock your heals, boy” to the Appellant. Appellant Johnson is an African American, and the term “boy” reflected a derogatory demining term that was often utilized during slavery times in history. After the Sergeant hurled the insult, the...
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...Pearson From: Linda Barron-Gronvold Re: Elliott Watson case – Marijuana Possession with Intent to Distribute Prosecution Date: September 17, 2013 Brief Summary: Elliott Watson was arrested for the possession of marijuana with the intent to distribute said illegal drug. Elliott Watson was stopped by Officer Timothy Johnson because of faulty mechanical problems of Elliot Watson’s vehicle, which was sputtering and stalling out, and the vehicle also fit the description of a vehicle, a sports coupe, that had earlier, was used to kidnap a three year old young girl, Wanda Jones, from her home. Based on the description of the kidnapping victims’ vehicle description and the kidnappers clothing and the vehicle mechanical problems of Mr. Watson’s vehicle, a Fiat sports coupe and clothing which fit the description of the kidnappers clothing as well, Johnson pulled vehicle over for a police “car stop”, based on the fact that Mr. Watsons’ Fiat Sports Coupe fit the minimal description of a vehicle used in a three year old child kidnapping that happened at 3: 00 A.M., Officer Timothy Johnson was patrolling the area where the kidnapping occurred and noticed that a Fiat Sports Coupe car was having mechanical difficulties: stuttering and stalling. Officer Johnson decided to pull the vehicle over and get the license and registration from the driver and to visibly check the driver for any kind of medical imparities’. Officer Johnson ran the license plate number through the DMV and found...
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...I. SUMMARY AND SYNTHESIS On March 24, 1989, residents near the waters of Prince William Sound awoke to the catastrophe brought by the tanker Exxon Valdez spilling more than 10 million gallons of crude oil. This incident caught the attention of the public and received many and different criticisms. Eight of eleven cargo tanks were ruptured during the incident. ARLIS or Alaska Resources Library and Information Services with the help of Exxon Valdez Oil Spill Trustee Council released a collection of materials on Exxon Valdez Oil Spill. It included the following information: * The crude oil spread approximately 1, 300 miles. 200 miles were heavily oiled. The impact was obvious while the remaining 1, 100 miles were lightly or very lightly oiled. * Aerial observations were used to determine the size of the oil spill to give immediate response and clean-up activities. It includes the estimation of the thickness and volume of oil on the water. * Exxon spent more than $2.5 billion on clean-up expenses. * Caption Joseph Hazelwood was the captain of the ship, a senior officer. He was convicted of a misdemeanour charge of negligent discharge of oil, fined $50, 00 and sentenced to 1, 000 hours of community service. * Exxon was fined $150 million, it was the largest fine imposed for an environmental crime. The court forgave $125 million in acknowledging Exxon’s cooperation in cleaning up the spill. During the clean-up, Exxon hired thousands of workers through several...
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...Nebraska-Lincoln •Jonathan P. Doh Villanova University Mc Graw Hill Education Table of Contents Part One Environmental Foundation 1 2 The World of International Management: An Interconnected World Introduction Globalization and Internationalization Globalization, Antiglobalization, and Global Pressures Global and Regional Integration The Shifting Balance of Economic Power in the Global Economy 2 4 6 6 9 12 Global Economic Systems Market Economy Command Economy Mixed Economy 19 19 19 20 Economic Performance and Issues of Major Regions Established Economies Emerging Economies Developing Economies on the Verge 20 20 22 26 The World of International Management—Revisited 30 Summary of Key Points 32 Key Terms 32 Review and Discussion Questions 32 Answers to the In-Chapter Quiz 33 Internet Exercise: Global Competition in Fast Food 33 In the International Spotlight: India 2 Globalization and International Linkages 34 The Political, Legal, and Technological Environment 36 The World of International Management: Social Media and the Pace of Change 36 Political Environment Ideologies Political Systems 38 39 41 Legal and Regulatory Environment Basic Principles of International Law Examples of Legal and Regulatory Issues Privatization Regulation of Trade and Investment 44 44 45 48 50 Technological Environment and Global Shifts in Production Trends...
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...Case Study: Delia v. E.M.A. et al Xxxxxx X. Xxxxxxxx University of Maryland University College HCAD 650 Fall 2012 October 5, 2013 Case Study: Delia v. E.M.A. et al This paper reviews a case study of a medical malpractice suit that resulted in a claim against the North Carolina Department of Health and Human Services for their practice of recovering settlements paid for medical expenses. Legal controversies with medical impact rarely reach the United States Supreme Court because such cases must go through several levels of hearings and appeals before even being considered by the Supreme Court. Medical issues must involve interpretation of the US Constitution or federal law, and at least four of the nine justices must agree to accept a case. The Supreme Court reviews only a small percentage of the several thousand cases submitted each year. Consequently, most medical controversies at law take place in state courts. Subject United States Supreme Court Case No. 12-98. Albert A. Delia, Secretary, North Carolina Department of Health and Human Services v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. Later the case was changed to: No. 12-98. Aldona Wos, Secretary, North Carolina Department of Health and Human Services, Petitioner v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. The purpose of the case was to resolve the conflict between the opinions of the 4th U. S. Court of Appeals in this case...
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...1865 to 1900 Write a three to four (3-4) page paper on the period from Reconstruction through widespread industrialization in the Western United States (approximate time period: 1865-1900.) Your paper should cover the following: Identify at least (2) two major historical turning points in the period under discussion. Death of Lincoln in 1865. Lincoln’s death changed the course of the country trying to rebuild after the Civil War. President Andrew Johnson was not popular and could not convince Congress especially the southerners to go along with him. Lincoln had a plan to build up the South and end the hate. He ordered amnesty and that the south be rebuilt. He pardoned, with a few exceptions, any southerner who would swear allegiance to the Union and the United States Constitution. His plan was to let the Confederate states back into the Legislature, but it was not working too well. We will never know how that went because he was assassinated. His idea always was to try to “mend fences” and forgive. The entire civil rights movement was set back because of the death of Lincoln. The Railroad The two railroads, the Union Pacific and Central Pacific met in Utah in May of 1869. It was merely ceremonial, but the real occasion was that it meant the railroads now would run from coast to coast. The availability of the railroad changed the face of the west and the whole of the United States. Remote places now could ship farm products and receive goods from...
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...Skinner v. Oklahoma 1. Skinner v. Oklahoma, 316 U.S. 535 (1942) This case touches a sensitive and important area of human rights. Oklahoma deprives certain individuals of a right that is basic to the perpetuation of a race-the right to have offspring. Oklahoma has decreed the enforcement of its law against petitioner, overruling his claim that it violated the Fourteenth Amendment. Because that decision raised grave and substantial constitutional questions, we granted the petition for certiorari. The statute involved is Oklahoma’s Habitual Criminal Sterilization Act.Petitioner was convicted in 1926 of the crime of stealing chickens and was sentenced to the Oklahoma State Reformatory. In 1929 hewas convicted of the crime of robbery with firearms and was sentenced to the reformatory. In 1934 he was convicted again of robbery with firearms and was sentenced to the penitentiary. He was confined there in 1935 when the Act was passed. In 1936 the Attorney General instituted proceedings against him. Petitioner in his answer challenged the Act as unconstitutional by reason of the Fourteenth Amendment. It is true that the Act has a broad severability clause. But we will not endeavor to determine whether its application would solve the equal protection difficulty. The Supreme Court of Oklahoma sustained the Act without reference to the severability clause. We have therefore a situation where the Act as construed and applied to petitioner is allowed to perpetuate the discrimination...
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...attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is appealed. · Describe how e-filings are used in court. · Explain the use of arbitration and other nonjudicial methods of alternative dispute resolution. III. Key Question Checklist · Does the dispute or controversy lend itself to out-of-court resolution? · Once jurisdiction is established, was the proper sequence of pretrial steps taken? · Was the trial sequence properly followed? ·...
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...COURT CASE BRIEF Donald R. Schroerlucke, And Joyce D. Schroerlucke V United States 2011WL 4440599 (Fed.Cl) No. 09-772T FACTS Plaintiff Donald Schroerlucke is a former employee of WorldCom, Inc. His wife is Joyce D. Schroerlucke. In 1989, Mr. Schroerlucke was employed as Vice President of Operations at Long Distance Discount Services, Inc., the predecessor corporation to WorldCom. Pursuant to stock option agreements with Long Distance Discount Services, Inc., and then with WorldCom, Mr. Schroerlucke accumulated employee stock option grants between July 1991 and January 1998. His employment with WorldCom ended on January 4, 1999. According to the terms of the stock option agreements and an April 7, 1998 memorandum titled, “WorldCom Employee Stock Option Program,” Mr. Schroerlucke was required to immediately exercise all of his employee stock options at the end of his employment. On January 2, 1998, Mr. Schroerlucke had accumulated 172,492 WorldCom stock options. Mr. Schroerlucke exercised all of his existing stock options on February 12, 1999, at which time the market value of his 172,492 WorldCom shares was $13,702,333.25, based on the $79.4375 per share, February 12, 1999, closing price of WorldCom stock.1. According to the criminal Mr. Ebbers (CEO) and Mr. Sullivan (CFO Scott Sullivan) presented a “materially false and misleading picture of WorldCom’s operating performance and financial results” as part of a “scheme to deceive” and “inflate and maintain artificially...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...United States Court of Appeals,First Circuit. Michael THOMPSON, Plaintiff, Appellant; Cross–Appellee, v. Nancy CLOUD; Michael Miles, Defendants, Appellees; Cross–Appellants. Nos. 13–1120, 13–1121. Decided: August 20, 2014 Before SELYA, STAHL and LIPEZ, Circuit Judges. Damon M. Seligson, with whom Dinicola, Seligson & Upton, LLP was on brief, for appellant, cross-appellee. Christopher R. Largay, with whom Largay Law Offices, P.A. was on brief, for appellees, cross-appellants. After Michael Thompson purchased a multimillion-dollar oceanfront property in Bar Harbor, Maine from Nancy Cloud and Michael Miles, he discovered a number of problems with the property that required significant expenditures to repair. He brought this suit to recover damages for those repairs, alleging, inter alia, breach of contract, fraud, and negligent misrepresentation.1 The district court entered summary judgment for the defendants, holding that Maine's implied warranty of habitability did not apply under the circumstances of this case, and that defendants had no duty of disclosure. The district court also entered judgment on the record for the plaintiff on the defendants' counterclaim for attorney's fees. Plaintiff now appeals and defendants cross-appeal. We affirm the district court's decisions on all counts, albeit employing slightly different reasoning. I. In October 2008, appellant Thompson purchased a home in Bar Harbor (called “Seascape”) from appellees Miles and Cloud for $2.9 million. Miles and...
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...eventually abolished after the Civil War but this abolition did not increase the standing of the Black Community. Schaefer (pg. 177) theorizes that slavery set the foundation for the problems with racial equality that we face today. After the Civil War, the African American community did not become the equal American citizens they imagined they would become. Segregation became common practice after the Reconstruction period that followed the Civil War (www.ourdocuments.gov, n.d.). This segregation included schools, restaurants, and quite infamously, public transportation. Public transportation was segregated in such a way that black and white people had separate seating areas on busses and trains were segregated by car. The landmark case of Plessy vs. Ferguson upheld a "separate but equal" statute in...
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... Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled from her birth canal but before the cord was severed (Johnson v. Florida, 602 So.2d 1288 (Sup.Ct. Fla. 1992)). • Which of the basic functions of law are implicated by this state law? • What kind of law is this—civil or criminal? • How will a court determine whether Jennifer has violated this law? 3 4 Part...
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...Employment Law Compliance Plan Carrie "Shellie" Cobbs Human Capital Management HRM 531 Linda Johnson March 15, 2015 Employment Law Compliance Plan atwood and allen consulting memorandum to: Traci Goldeman from: Shellie Cobbs subject: Employment Law compliance plan for Landslide Limousine date: March 15, 2015 cc: Bradley Stonefield I have researched several employment laws for Mr. Stonefield’s Landslide Limousine Company and there are four laws that I will outline for Mr. Stonefield to consider complying with in his new business venture. I will discuss in this memo the Civil Rights Act of 1964 regarding employment discrimination, The Americans with Disabilities Act of 1990 regarding people with disabilities, Equal Pay Act of 1963 regarding wage discrimination between men and women, and lastly the Texas Minimum Wage Act regarding the least amount of an hourly wage payable in the state of Texas. I will give a brief summary of each of the four Acts and consequences for noncompliance. Civil Rights Act of 1964 The Civil Rights Act of 1964 is regulated and enforced by the Equal Employment Opportunity Commission (EEOC). As a new business, if you receive any federally funded monies such as grants, assistance, or subsidies The Civil Rights Act of 1964 applies to you. The EEOC “enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship...
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...configuration of processes, product designs, and development of parterships with suppliers and channels of distribution. Although the development of analytical tools is not one of the primary objectives of the course, students should be comfortable with quantitative analysis. By the end of the course, you should have developed an appreciation for the major strategic issues trade-offs in supply chain management as well as the ability to use conceptual frameworks to make decisions. TEACHING/LEARNING METHODOLOGY The detailed course outline starting on page 6 lists, for every class session, the reading(s), case(s), assignment(s), and anything else of importance. Please read this outline carefully before every session. Because class time is our most precious and inelastic resource, please come to every class prepared. Essential preparation includes reading the assigned readings and cases and doing the assignments. Recommended Text Book1 (VM) Van Mieghem, Jan, Operations Strategy: Principles and Practice, Dynamic Ideas, Charlestown, MA, 2008. Optional Reference Chopra, Sunil and Peter...
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