...Christian Marble SECTION #:22230408 Date:11/12/13 Korematsu v. United States U.S. Supreme Court 1944 Facts: In 1942, President Franklin Roosevelt signed the Executive Order 9066. This order allowed the United States military to section off parts of the US as military areas. In these areas they were trying to exclude specific groups of people from them. The group they were trying to exclude were the Japanese-Americans because they were believed to be acting as spies and sending signals to enemy submarines. The order requested that many Japanese-Americans leave their homes and business. However, many were forcibly removed from their homes and placed in internment camps during World War II. Frank Korematsu, a US-born man of Japanese descent, knowingly resisted the order to be relocated. Korematsu was later arrested and convicted for remaining in a “Military Area.” His case went to the Supreme Court where it was decided that exclusion orders based on Executive Order 9066 were in fact constitutional. Therefore, his conviction was upheld. Issue: Does Congress and the Executive possess the power to exclude persons of racial minority groups from a areas in the United States? Rule: The Supreme Court affirmed the conviction of Korematsu for violating the exclusion order forcing all persons of Japanese ancestry from designated military areas. The strict scrutiny test was applied here and the court found that the government's actions were valid. Application of Rule: ...
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...American fear and suspicion was a cultural and social factor that caused the internment of Japanese Americans during the Second World War. Operating out of a position of fear, paranoia, and skepticism, President Roosevelt signed an internment order that relocated all Japanese Americans who had Japanese ancestry and Japanese people in camps on the West Coast of the United States. The fear was that the Japanese were plotting another surprise attack and tha0t Japanese spies, or those who could operate as spies, needed to be rounded up and given a loyalty oath to the nation. The government thought that all Japanese ancestry would stay loyal to their ground no matter what. The camps, which were relocated, lacked effective medical care, and were situated in the desert, subject to extremely hot temperatures. The stress of being relocated and living a life in camps had adverse physical and psychological effects on many. At the same time, the consequence of the internment was that the court concluded that many of the Constitutional Rights of the detainees had been violated, under the Habeas Corpus clause of the Constitution. At the same time, I would suggest that the internment of Japanese Americans displayed a level of contradictory behavior in American policy and its ideals. A nation predicated upon individual freedom and liberty was denying it to a group, about 2/3 of who were Americans. Finally, another consequence was that while America stood strong in its commitment to European...
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...The decided date of this case was March 3rd, 1919. The parties involved was Schenck and the US government in which Schenck believed that people should not accept the draft. The US Government stated that he was possibly violating the Espionage act. The conflict was whether or not Schenck was allowed to do this under the First Amendment. The United States won in which the court concluded that what Schenck was doing was illegal under the Espionage Act. There were no dissenting opinions, the ruling was unanimous. I believe that there should be a limit to the freedom of speech as people should not be allowed to run around and yell anything that could cause harm or yell anything that can advocate committing a crime. This court case specifically...
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...WASHINGTON, Mar. 3. – Charles Schenck, the general secretary of the Socialist Party of America believed that the war draft was a form of involuntary servitude, or slavery. He sent in 15,000 pamphlets, encouraging them to oppose the war. The government then accuses Schenck for violating the Sedition Act by intending to obstruct the war drafts and weaken the soldiers’ loyalty. Schenck was then arrested and charged in Philadelphia, PA, for violating the Sedition Act for: “attempting to cause insubordination in the military and naval forces of the United States” and was convicted. A few days later after he was convicted, he appealed his case to the Supreme Court. The Supreme Court agreed to hear his case and his case was tried on January 9th, 1919. During the trial, many questions were brought up. One of which was whether or not the first amendment could be limited during wartime and whether or not if the Sedition Act was constitutional. “I don’t believe that freedoms should be limited at all during wartime.” said Schenck’s lawyers. “There would be no point in the constitution if freedoms are limited.” What follows is an excerpt of an interview with Schenck’s lawyers during a brief intermission. Q. As addressed during the trial, Do you believe your client has endangered the American people by promoting the burning of draft cards? A. No Schenck has not directly told the recipient to burn their draft cards, it is only inferred that he has. Q. Even so, would it not cause insubordination...
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...17, 2011 Week 3 Paper Introduction…………………………………………………………………………...02 The Case...……......................………….………………….………………………… 02 Conclusion………………………………………………………………………....... 03 References………………………………………………………………………....... 04 Introduction The purpose of this paper is to discuss the Microsoft Monopoly case and how it relates to what we have been learning in our Economics class. The Case In 1999 Microsoft was accused of violating the Sherman Act, which was passed in 1890 with the purpose of maintaining competition in the marketplace by opposing the combination of entities. Microsoft was positioned as the largest publisher of operating systems in the world and this was their third anti-trust trial in the United States. The charges of the alleged monopoly were whether Microsoft were allowed to bundle Internet Explorer with their Operating Systems. The major theory was that they were going to turn into the sole internet browser supplier because it came bundled with every new personal computer and every Microsoft operating system, causing a monopoly. By definition this simply is not the case as Microsoft were not the only producers and sellers of internet browsers, nor was there any blocking of new entries to the market. There were also plenty of close substitutes back in 1999, with the internet browser Netscape actually far more popular than Microsoft's Internet Explorer. There was a perception by Microsoft's competitors that there were barriers to...
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...INTRODUCTION Imagine a world where individuals can provide a good or service to consumers, and in return be compensated. They might do a very good job and even make a considerable profit. Other individuals, seeing the success of this industry, would try to enter the market in order to compete. This idea is the very basis of free market and capitalist economies. But sometimes there are situations where an individual will have a product or service that is better, cheaper, or quicker than everyone else; so much so that they are the only ones that can effectively provide it. When this occurs, competing businesses and giant government entities will stop at nothing to shut it down. The Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act make up the current US antitrust laws. The antitrust laws are supposed to promote and protect competition. The philosophy behind the laws is that trusts and monopolies will stagnate markets and prevent others from engaging in healthy market competition. A monopoly is defined as a situation in which a single company owns all or nearly all of the market for a given type of product or service. (Investorwords, 2010) Antitrust law legislation started with the Sherman Act that was passed in 1890. The intent of the law was put in place to challenge the unchecked growth of corporations. By 1888, large corporations gained enough market muscle to dominate entire industries. The Sherman Act outlaws all contracts, combinations,...
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...This article by Mannix, Locy, Clark, Smith, Perry, McCoy…Kaplan (2000) titled The Web’s Dark Side discusses the not-so-popular side of surfing the internet, referred to as cyberspace–a rather outdated nickname–and plays out a week online with examples various crimes and misdemeanors, swindles, thefts, perils and problems of the internet. The types of crimes and wrongdoings is vast, and many various types of crimes are detailed with accounts of individuals, what crimes were committed, how it came about, and sometimes the outcome. The material demonstrates how fast the world of the Internet has developed: written thirteen years ago, it already hints of a day long ago, and therefore is enjoyable reading for the comparison of matters today. At the time it was breakthrough technology. If re-written, it could apply to today as well. It is pointed out how the internet has revolutionized our lives and society, and then the article points out how vast this new arena is, lending itself to all sorts of “bad stuff out there.” It is the rate at which crimes are reported that has really caused the focus of the article to occur. A slew of statistics are given, which, if compared to today, would probably seem like child’s play, but the point is that rate of increase is comparatively alarming. U.S. News and World Report, whom the team of authors is employed for, sent a team of reporters out for one particular week to discover a host of crimes in the online world, and the rest of the article...
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...The Microsoft Antitrust Case* by Nicholas Economides** Revised April 2, 2001 Abstract This paper analyzes the law and economics of United States v. Microsoft, a landmark case of antitrust intervention in network industries. The United States Department of Justice and 19 States sued Microsoft alleging (i) that it monopolized the market for operating systems of personal computers and took anti-competitive actions to illegally maintain its monopoly; (ii) that it attempted to monopolize the market for Internet browsers because such browsers would create competition for operating systems; (iii) that it bundled its browser (Internet Explorer) with Windows; and that it engaged in a number of other anti-competitive exclusionary arrangements with computer manufacturers, Internet service providers, and content providers attempting to thwart the distribution of Netscape’s browser. The District Court Judge found in most points for the plaintiffs and ordered the breakup of Microsoft into two companies, one with all the operating systems software, and one with all other products of the company. The District Court also imposed a number of severe restrictions on the business conduct of Microsoft. We analyze the economic issues related to liability. We also analyze the applicability and effectiveness of the remedies imposed by the District Court and contrast them with other potential remedies. * Forthcoming in Journal of Industry, Competition and Trade: From Theory to Policy (August 2001)...
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...technological developments. As a result, they listed only persons, houses, papers, and effects as entitled to Fourth Amendment protection. It does not exactly define what an “unreasonable search” is but it does give an example that leaves some things open for interpretation. For instance, if there is imminent danger or something of that nature the circumstances change for what an “unreasonable search” classifies as. An officer would be allowed to search premises without a warrant in a situation like that. The Katz and Olmstead cases are two examples of how the Fourth Amendment is interpreted. In the case of Katz v. United States, 389 U.S. 347 (1967), the search aspect was based on fact that since there was "no physical entrance into the area occupied by" petitioner, there was no violation to the Fourth Amendment. The difference in the Olmstead v. United States, 277 U.S. 438 (1928), was that the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected. So in this case the government relies on the language of the Amendment, and it claims that the protection given thereby cannot properly be held to include a telephone conversation. The Supreme Court held that the Fourth Amendment is implicated whenever the police use sense-enhancing technologies...
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...Facts: “In 1998, the United States sued Microsoft, alleging violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. 1, 2. After trial, the court found Microsoft had violated Section 2 by unlawfully maintaining its monopoly in the market for Intel-compatible PC operating systems ("OSs") and by unlawfully attempting to monopolize the market for internet browsers, and that it had violated Section 1 by illegally tying its Windows operating system and its Internet Explorer ("IE") browser. The court ordered Microsoft to submit a plan of divestiture that would split the company into an OS business and an applications business, and ordered interim conduct restrictions. Microsoft, 253 F.3d at 45.” (Weil & McMillan, 2003). The Sherman Antitrust Act prohibits agreements, contracts, combinations, and conspiracies that result in inhibiting or restraining free trade. The act is very broad and can include relationships or agreements that result in price fixing. The Act attempts to either prevent monopolies or break up a monopoly that has been created. Antitrust statutes can be enforced by the federal government through the U.S. Attorney, Federal Trade Commission, through the attorney general of each state, or by individual action. The antitrust provisions of the Sherman Antitrust Act have been used against the railroad industry, the major oil companies, telecommunications, and more recently companies in the high tech industry such as Microsoft. (Mallor, et. al., 2010). Issues:...
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...Stephan Campbell was charged with assault with a weapon, possession of a dangerous, and attempted murder on January 6, 2016. Campbell had stabbed a man at the Air Canada Operations Centre. The victim has yet to be identified but is in critical condition at a hospital. The police have yet to confirm if the suspect works for Air Canada but the only people that are able to access the area where the stabbing are employees only. Although, when the stabbing occurred multiple employees were in the area. This case would fall under criminal law and be written as R. V Campbell. Campbell would be the defendant if he is later charged because he is the one that is accused of committing the crime. Campbell could also be charged with trespassing because if he is not an Air Canada employee he was on the premises illegally. This case could potentially fall under civil law if the unnamed victim decides to sue Campbell for damages. If the unidentified victim were to die of his injuries in the hospital the Crown might attempt to have the accused charges raised from attempted murder to first-degree murder...
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...Fresh Pop SWOTT Fikisha Daniels 475 May 31, 2011 Ramalingam Iyer Fresh Pop SWOTT This SWOTT analysis will conduct an external and internal environmental analysis for Fresh Pop Popcorn vending machines. A discussion of the forces and trends will be address including economic as well as legal and regulatory forces. The balance between external and internal forces is a sliding scale. Normally the external forces and trends cause many companies to adjust their internal strategies. However, there are major decisions and recommendation for each forces and trends that will affect Fresh Pop. The environmental analysis will account for the following factors. For each factor, identification of one of the primary strength, weakness, opportunity, threat, and trend is analyzed. The economic, global, technological innovation, social, environmental, competitive analysis will be addressed in this paper. The popcorn processing industry has and will continue to work collaboratively - as an industry, and with government food, health, safety and regulatory agencies - to produce a safe, quality product for consumers to enjoy (The Popcorn Board, 2011). Fresh Pop is a Louisiana Corporation established in Morehouse Parish, Louisiana in 2011, Fikisha Daniels when she decided to change careers and became a single parent. She acquired three automated popcorn machines from an already established vender who had retired. When the machines were acquired Fikisha encountered many obstacles...
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...Facts The Gun-Free School Zones Act of 1990 (GFSZA) made it unlawful for any individual knowingly to possess a firearm at a place that he knew or had reasonable cause to believe was a school zone. Alfonso Lopez, Jr. (D), a 12th-grade student, carried a concealed and loaded handgun into his high school and was arrested and charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating the Act. The District Court denied Lopez’s motion to dismiss the indictment, concluding that the GFSZA was a constitutional exercise of Congress’ power pursuant to the Commerce Clause of Article I. The Fifth Circuit reversed, holding that the Act exceeded Congress’ power under the Commerce Clause and was therefore unconstitutional. The Supreme Court granted cert. Issues Does the GFSZA exceed Congress’ authority under the Commerce Clause? What categories of activity may Congress regulate under its commerce power? Holding and Rule (Rehnquist) Yes. The GFSZA exceeded Congress’ authority under the Commerce Clause. The three broad categories of activity that Congress may regulate under its commerce power are: a) the use of the channels of interstate commerce; b) Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities; and c) Congress’ commerce authority...
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...Anti-trust Policy in the Modern Economy Microsoft's Anti-trust Case Mark Hinman UCCS Baud 5590 Anti-trust Policy in the Modern Economy Microsoft's Anti-trust Case This paper's intention is to discuss the role of anti-trust legislation in the modern economy. To accomplish this, we will be reviewing the United States Government's anti-trust case against Microsoft that began nearly twenty-two years ago. To begin we will look at the history leading up to the filing, the government's argument, Microsoft's argument, and the outcome of the case. We will also look at the intent of the Sherman Anti-Trust Act. Specifically, how does the Sherman Anti-Trust Act protect consumers? Finally, we will discuss whether the anti-trust legislation actually accomplishes what it is intended to do, with respect to the technology industry. Microsoft has been under constant scrutiny since June 1990 when the Federal Trade Commission (FTC) launched a probe into the possible collusion between Microsoft and IBM. Three years later, the FTC handed over their investigation to the U.S. Department of Justice. After years of accusations for monopolizing and engaging in anti-competitive acts, Microsoft finally, on May 18, 1998, received a suit for violation of federal anti-trust laws.[i] The suit alleges that Microsoft is in violation of Sections 1 and 2 of the Sherman Anti-Trust Act, and seeks to prohibit Microsoft from selling certain products and engaging in certain sales...
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...barge, the lines between the barges at Pier 52 and the Public Pier were removed. To get to the barge, Carroll’s crew had to adjust the line on the pier. Because the line was not properly adjusted by the crew members, some of the barges broke away from the pier. At the time of this occurrence, there were no crew members on the barge of the Anna C; therefore, no one realized the condition of the barge. The Carroll Towing Company tug negligently caused the Anna C to break free and drift down the pier, causing it to hit a tanker’s propeller, which caused a hole on the side of the Anna C. Since there were no crew members aboard the Anna C, no one noticed that it was slowly sinking. The contents of the Anna C, which was flour owned by the United States, sunk in the incident at Pier 52. If any of the crew members had realized the condition of the barge, the Anna C could have been saved, along with the contents. The sinking of the barge results of two concurrent causes, as stated in the case: a misadjusted mooring line and an unattended barge. The question of the case concerns the responsibility for the sinking of the Anna C. The main question of this court case is, should the fault be blamed on Grace Line, the company that chartered the tug or the barge owner who left the barge unattended? Judge Hand proposed a rule for determining whether the barge owner was negligent. Judge Hand found that Grace Lines (the employer of the harbor master) was responsible for not correctly adjusting...
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