...ADVERSE POSSESSION LAWS DO NOT APPLY TO LAND GRANTS THAT WERE ISSUED BY THE SOVERNITIES OF SPAIN AND MEXICO AS TREATIES ENTERED INTO BY THE UNITED STATES CONGRESS (AS IS THE TREATY OF GUADALUPE-HIDALGO) are considered Supreme law by the Constitution of the United States of America Bert Lucero, Trustee, LTLGA, 2 March 2007 After three centuries as Sovereign, the Government of Spain relinquished all Spanish claim in the Americas to a new Sovereign, “Mexico” via the Treaty of Cordova, 28 September 1821. Property rights were honored IAW (in accordance with) Las Siete Partidas and the International Law of Conquest. Land Grant ownership, management and operations were allowed to continue in the same manner as under Spanish Rule (Land Title Study, Koch, et al). The following year, on 24 February 1822, all of Mexico’s inhabitants, within its borders, were declared “Free and Equal Citizens” via the Plana de Iguala. “...that all the inhabitants of New Spain, without distinction, whether Europeans, Africans or Indians are citizens of this monarchy, with the right to be employed in any post, according to their merits and virtues”. “... the equality of civil rights to all the free inhabitants of the empire, whatsoever may be their origin in the four quarters of the earth”. The United States of America (created in 1776), enacted Indian Intercourse Act of 1834 (Manifest Destiny), wherein it...
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...Week 1 * Do you trust the government to do the right things most of the time? It’s all really based on you opinion * a 2000 study of undergraduates showed that 64% did not trust the government Why do we care if people are turning out to vote? * Voter turnout is a sign of political efficacy as well as engagement * People who are engaged are more informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of...
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...what kind of impact do these types of businesses have on local governments and societies when the majority of the employees do not pay any taxes on their income? The following paper will describe the effects that adult entertainment businesses have on local governments, the tax laws, and the effects these taxes have on the society of the environment the business is in. Throughout history there have been many different types of entertainment for the masses. In recent years the idea of adult entertainment has shifted form to a style that is all in its own. With this new style of entertainment has come a high amount of changes that have had to be made by local government officials for the ethical and moral sake of the town they govern. Studies have shown that this type of entertainment has created its...
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...Brooke Baker A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ...
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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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...Trespass to Chattels Law by owners as protection against the intentional use of their systems or the resources therein by unauthorized parties. The trespass to chattels law cannot be correctly applied to internet-related property rights because this law is being incorrectly used and does not adequately address the concerns of internet property owners and the rights they seek to protect. The 19th Century trespass to chattels tort is being utilized in cyberspace to protect systems against unauthorized use in the same way it is used to protect tangible/physical property. This law was first used by internet service providers (ISPs) to fight against unsolicited bulk email or spam, which was being sent in excess over their networks and systems. However, it is becoming increasingly clear that the blanket application of this law to the internet has an adverse impact on the key function of the internet. Trespass to chattelslaw is now commonly used to fight against Robots (BOTs), which are automated programs that search the Internet. In many cases such as eBay v. Bidder’s edge, and Ticketmaster Corp. v. Tickets.com, this law was used to fight the ability of users to search the internet and of providers to present data to users. This ability to search and present data is the primary purpose of the internet, and the overbroad application of trespass to chattels law, without any form of modification or alteration, should not be used to protect internet property rights. Tresspass to Chattels...
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...Africa-Americans Ever since African Americans were slaves, the population of the African Americans during 1860’s in the northern America was about 1% after American Revolution. They experienced discrimination since the beginning based on the color of their skin. This race was perceived to be inferior compared to the whites. Because of discrimination, they were not given some civil rights such as voting. The illogical premise to support this claim was given by the state that the law forbade in certain areas. During this period, the New York Convention stated that only those African Americans with property had the right to vote (Dagbovie, 2007). In essence, during this time they were struggling to get employment and most of them were not financial stable. African Americans have undergone a lot in history and in the present American some of them hold political positions (The president of the United States), manage large firms, and have equal rights like other citizen. In fact I has never been this way, they were unjustly treated and undergone through difficulties that the today’s generation may not understand. The black generation has undergone various challenges in their history that the current generation can never believe to be true and valid. This paper explores the historical background of the conditions this community undergone and how they overcame the racial discrimination, segregation and isolation to acquire equality. Segregation The term segregation denotes...
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...Real Property Boundaries Along Bodies of Water Rivers have been used as boundaries at least as long as civilizations have recorded their history. It is likely that before recorded history, nomadic tribes were bound by waterways. Historically, civilizations have developed on the banks of the world’s rivers for several basic reasons. Rivers create a natural defense against invasion, as well as a source of sustenance and commerce. The primary disadvantage is that a river tends to change its course. Either gradually, through erosion, reliction, and gradual accretion, or by avulsion, violently breaking through one of its banks, creating a new arm at some distance from its previous bed (1). The communities within the river valleys of the Euphrates, Tigris, Indus and Yellow, may have witnessed the first issues concerning shifting boundaries along waterways. While the laws that govern the United States are derived primarily from the common law of England, the solutions that governing bodies have arrived at concerning these shifting boundaries may be rooted along the banks of the Tiberis River of Ancient Rome. Drawing on Roman private property law and continuing through medieval and modern legal practice, common law jurisprudence and legal scholarship developed a distinction between the two processes of accretion and avulsion in order to mediate problems over a shifting river boundaries (2). Although there are references to the issues surrounding the topics contained within this...
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...Contributions Solidifying Your Client's Asset Protection Strategy: Multiple Entities in Multiple Jurisdictions by Richard Kahler, CFP®, CCIM, and Richard K. Colman, J.D. Executive Summary * It is important for financial planners to understand the basics of asset protection. Asset protection is a shield against unscrupulous lawsuits—not a way to hide from legitimate obligations. * The history of asset protection through the legal system, including trusts, corporations, and insurance, goes back to ancient times. * Recent U.S. and state statutes have significantly expanded options for asset protection. * The three rules of asset protection are (1) do not own significant assets in your own name, (2) use multiple entities to own your assets, and (3) keep assets and the entities that hold your assets in different or in multiple jurisdictions. * The first line of defense, which is limited, includes statutory protection and insurance. * The second line of defense is owning separate assets through multiple entities, including trusts, corporations, partnerships, limited liability corporations and partnerships, foreign grantor trusts, and domestic asset protection trusts. * The third line of defense is locating those entities in multiple jurisdictions. * A hypothetical client situation is used to illustrate specific methods of applying this knowledge. * In the future, informed planners will be those who understand their professional responsibility to help...
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...following countries is not considered apart of Africa’s Classical Civilizations: a. Egypt b. Nubia c. Ghana d. Kush 3. The first African-American Studies program was established at: a. San Diego State b. Harvard c. Berkeley d. San Francisco State 4. Denmark Vesey slave conspiracy took place in a. Connecticut b. Virginia c. South Carolina d. Louisiana 5. Oludah Equiano was the first African-American to a. Write his autobiography b. Escape from Slavery c. Purchase his freedom d. Killed trying to escape 6. The first African-American Heavyweight Champion a. Booker Washington b. John L Sullivan c. Jim Jefferies d. Jack Johnson 7. This author of A Tradition of Myths and Stereotypes: a. Joseph Harris b. Edith Sanders c. Eric Williams d. Walter Rodney 8. How many Africans were brought to the New World during the Atlantic Slave Trade according to Phillip Cutain; a. 60-100 million b. 9-11.5 million c. 3 million d. 57 million 9. “Chattel” was the term used to refer: a. slaves b. property c. real estate d. money 10. The legal process used by some Northern states to eliminate slavery: a. emancipation day b. freedom summer ...
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...Criminal Records in the Digital Age: A Review of Current Practices and Recommendations for Reform in Texas Helen Gaebler, Senior Research Attorney William Wayne Justice Center for Public Interest Law The University of Texas School of law March 2013 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................................4 II. THE PROBLEM: CRIMINAL RECORDS AND COLLATERAL CONSEQUENCES .........................................5 Collateral Consequences Overview ......................................................................................................... 5 Who’s Affected? A Look at the Numbers in Texas .................................................................................. 8 Disproportionality and the Criminal Justice System .............................................................................. 10 Reaching Across Generations and Communities ................................................................................... 11 III. AN OUTDATED SYSTEM: OPEN ACCESS TO CRIMINAL RECORDS .................................................... 12 The Background Checking Industry........................................................................................................ 12 Common Practices and Pitfalls............................................................................................................... 13 Past Calls for Reform .....................
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...Licensed to: CengageBrain User Licensed to: CengageBrain User This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: CengageBrain User Criminal Justice in Action, 7th Edition Larry K. Gaines and Roger LeRoy Miller © 2013 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not...
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...What role should standardized testing play in Texas' public education system? The methods by which children are educated and academically measured in Texas have evolved over the past few decades, due to federal and state directed education policies. In an effort to establish accountability and improve the nation's competitiveness on a global scale, standardized testing has become a driving component of curricula nationwide. Almost every state, including Texas, governs its public schools under a national policy directive known as the "No Child Left Behind Act" (NCLB). The NCLB requires all states to utilize assessments to determine and report if a school has made adequate yearly progress (AYP) in the proficiency levels of all students. This is a relatively recent shift from local control of schools to centralized governance which is intended to improve education and eliminate harmful disparities in education quality (Ricci 342). Instead of school districts determining education standards, the state and federal governments provide the policy direction. One method to assess education performance and compliance with the centralized policy is the use of accountability measures - i.e., standardized tests. The NCLB, coupled with state policy, is intended to decrease inequality and set an objective measurement in place where school districts, schools, teachers, and even students can be held accountable for their progress or lack thereof. However, there are arguments from opponents...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...Introduction The term “drone” covers a wide variety of unmanned aerial vehicles. Drones range in size from one pound to 30,000 pounds. Various components can be added to a drone to increase its capability. Drones can be heat-seeking or capable of detecting certain chemicals, for example. Because of the variety of functions of drones, there is a great deal of interest in both public and private sectors in expanding drone usage. As drone use evolves in the United States, there are many legal ramifications to consider. This paper discusses current drone use, the future of drones, and the legal issues involved. Government Drone Use Drones or Unmanned Aerial Vehicles (UAV) have shifted the defense landscape not only in the US but also across various other nations. It is an additional layer of defense strategy that deviates from the traditional methods employed thus far. Although they may be used in strategically planned strikes, their primary purpose is in intelligence, surveillance and reconnaissance (ISR). The US amongst other countries has been spearheading the advancement and use of this growing technology for the last decade. The Department of Defense operates approximately 8000 of these vehicles in their fleet. The use of drones by the US department of Defense is only one arm of the several other that is operated by the government. Customs and Border Protection Agency, Homeland Security, State fire departments and police departments are other significant users of this...
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