...suit under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Federal District Court found that the Texas school finance system violated the Fourteenth Amendment. The State appealed to the Supreme Court. Case Summary San Antonio Independent School District v. Rodriguez (1973) argued that education was a “fundamental right” implied in the Constitution and that poor Hispanic families were being treated as a “suspect class” due to financial disparities between wealthy and poor school districts. The argument was that this inequality of funding between school district’s violated the Equal Protection Clause. The State contended that education was not an Federal enumerated power, therefore it was reserved to the State and that included financial decisions. Court’s Decision The Court found in a 5-4 ruling that this was not a violation of the Equal Protection Clause of the Fourteenth Amendment because education is not a guarantee...
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...Case Title: Carnival Cruise lines, Inc. v. Shute Citation: 499 U.S. 585, 111 S. Ct. 1522 113 L. Ed. 2d 622 (1991) Facts: The plaintiffs, Eulala and Russel Shute, were passengers on a cruise ship operated by the defendant, Carnival Cruise Lines, Inc. Shute purchased passage for a seven day cruise on the Tropicale, through a Washington travel agent and signed a contract, with a forum selection clause mandating that injured parties would sue in Florida, to the exclusion of all other jurisdictions. The plaintiffs boarded the cruise in California which then sailed to Purto Vallarta, Mexico before returning to Los Angeles. While the ship was in international waters, Plaintiff Eulala Shute was injured from slipping on a deck mat. The plaintiff then filed a suit in Washington, in violation of the contract clause. The defendant sought summary judgment based on: 1. The forum selection clause, and 2. A lack of minimum contacts between the defendant and the forum state. The trial court dismissed based solely on the lack of sufficient contacts. The United States Court of Appeals for the Ninth Circuit reversed because the cruise line had reached into Washington via advertising, and held that but for the defendant’s solicitation, there would be no cause of action. The Court of Appeals also held that forum selection clause was void because of unequal bargaining power between the parties, and because it would be an undue hardship for the Shutes to have to go all the way to Florida...
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...and experienced employees than the incumbent even though the employee has ot broken either of the rules. Many times firing is viewed as employees are very negative and m ostly with gross misconduct which is a serious action. Firing is done on basis of poor work performance, off job- site conduct, attendance problem and problematic conduct. Attendance problems are employees not turning up for work, tardiness or frequent absenteeism. Work performance problems leads to termination even when one has good attendance at a job. If the employees perfoormance does not satisfy the employers standards, the employee is finally fired. It can be on the basis of incompetence, neglect of maintenance, refusal to perform duties, negligence or laziness or lack of the required skills to do their duties. Gross misconduct offences leads to immediate firing without any further warning. This includes fighting at work, sexual harassment, use of employer’s equipment in non work activity, illeggal activity, violation of policies of the employer, viewing of ponographic sites n the office, use of drugs, failure to attend the compulsory drug...
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...the people. However, there have been cases in the past where professionals abuse the freedoms that are given to them, and limitations are then set in place. The Florida Bar v. Went For It, Inc exemplifies a case where the Supreme Court decided that individuals deserve to have the right to privacy. 1 The Supreme Court took notice of the First Amendment implications to limitations of personal injury lawyers from sending targeted direct-mail solicitations to victims and their relatives for 30 days following an accident or disaster. 2 The Court established used a the Central Hudson test, which was a four –part test, which engages in “intermediate” scrutiny of restrictions in commercial speech, analyzing them under the framework set forth in Central Hudson Gas and Electric Corp v. Public Service Commission of N.Y. The test, predicated on a making sure that three prongs are being proven: first the government must assert a substantial interest in support of its...
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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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...05/03/2014 Brief Fact Summary. Plaintiff, a dockside owner in the Baltimore harbor, unproductively claimed that the Defendant’s, City of Baltimore, action of ruining the use of his wharf violated the proceeds clause of the Fifth Amendment of the Constitution because the Bill of Rights is irrelevant to the states. Facts. Plaintiff, Barron, owned a dockside in Baltimore harbor that was ruined by acts of the Defendant, City of Baltimore. Plaintiff sued the Defendant claiming that the Defendant sidetracked the flow of water that resulted in large amounts of sand accumulating under Plaintiff’s wharf, thereby preventing vessels from using the dock. Plaintiff contended that the resulting damage to his dockside constituted a taking from the government without just return in violation of the Fifth Amendment. The trial court awarded Plaintiff damages, but the state appellate court reversed. Issue. Whether the state’s action violated the earnings clause of the Fifth Amendment of the Constitution. Holding. Case dismissed for lack of jurisdiction since there is no repugnancy between the state’s actions and the Constitution. However, the Supreme Court of the United States also held that the Fifth Amendment is not applicable to the states. The Court reasoned that had the framers of the Bill of Rights intended them to be limitations on the powers of the state governments, they would have expressed that intention. Dissent: none lesson of the course. The Bill of Rights is a limitation...
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...Role and Functions of Law The functions and roles of law in modern law, constitutional law, statutory law, common law, or administrative law can be complex and confusing to anyone who does not study law. It is imperative to any business owner that they gain an understanding to the rules and principles of laws that govern the affairs of their business. Society as a whole must have a basic understanding of the rules and principles of laws that govern our everyday lives. The supreme law of the United States is constitutional law and it establishes the structure for federal and state laws. The hierarchy of law begins with constitutional law followed by federal statutes and international agreements, federal administrative law, federal common law, state constitution, state statutory law, state administrative law, and state common law. Laws of the United States create duties, obligations and rights that reflect accepted views of its society. Most of society view law as a mechanism that controls crime and levies punishment for violation of those crimes. Businesses have a much broader view of law and are must adhere overwhelming number of federal and state governmental regulations. Because of the complexity of laws that we must adhere to as ordinary citizens or business owners it is imperative that we seek proper legal representation. Being employed by a federal organization requires me to adhere to laws that are separate from civilian law. In the military Service Members must adhere...
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...daughter participates in that daily exercise. Because the Pledge contains the words "under God," he views the School District's policy as a religious indoctrination of his child that violates the First Amendment. A divided panel of the Court of Appeals for the Ninth Circuit agreed with Newdow. In light of the obvious importance of that decision, we granted certiorari to review the First Amendment issue and, preliminarily, the question whether Newdow has standing to invoke the jurisdiction of the federal courts. We conclude that Newdow lacks standing and therefore reverse the Court of Appeals' decision (Findlaw, n.d.). Summary of Court Case Petitioner school district requires each elementary school class to recite daily the Pledge of Allegiance. Respondent Newdow's daughter participates in this exercise. Newdow, an atheist, filed suit alleging that, because the Pledge contains the words "under God," it constitutes religious indoctrination of his child in violation of the Establishment and Free Exercise Clauses. He also alleged that he had standing to sue on his own behalf and on behalf of his daughter as "next friend." The Magistrate Judge concluded that the Pledge is constitutional, and the District Court agreed and dismissed the complaint. The Ninth Circuit reversed, holding that Newdow has standing as a parent to challenge a practice that interferes with his right to direct his daughter's religious education, and that the school district's...
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...and state judicial systems CB 1-12, FRCP 1, 28 U.S.C. § 41, 44,132,133, 1331, 1332. What is the basic structure of the federal judiciary? How do federal courts differ from state courts? What are pleadings and what purpose do they serve? Tues. Aug. 31: Overview of the litigation process CB 13-21 FRCP 3, 4 What are the differences between subject matter jurisdiction, personal jurisdiction and venue? How is a lawsuit commenced in federal court? Wed. Sept. 1: Motions and Discovery Practice CB 20-34 FRCP 7(b), 26(b)(1) What is a motion? How does one go about making a motion in federal court? What is discovery and when does it take place? What is the difference between depositions and interrogatories? Thurs. Sept. 2: Motions and Discovery Practice (cont’d) CB 34-46 FRCP 8, 11, 12, 38, 28 U.S.C. §§ 1291, 1292 What is a demurrer? Is it permitted in federal court today? What has replaced it? What is the significance of Rule 11 for pleadings? When are litigants in a federal lawsuit entitled to a trial by jury? What happens if plaintiff wants a jury trial and defendant does not? What if the reverse is true? When can an appeal be taken from a federal court decision? What kinds of issues can be appealed from a state court to the United States Supreme Court? What issues cannot be appealed? Tues. Sept. 7: Rose v. Giamatti CB 47-58, 28 U.S.C. §§ 1441, 1446 Answer the questions on pages 57 and 58 of the Casebook...
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...2000. GDT started selling a product quite similar to hers at much higher prices through all of its distribution channels. When Lindgren found out she filed a lawsuit in the federal district court in Iowa against GDT for infringement. GDT, claiming that it has no affiliation with the State, expressed its right to exercise its in personam jurisdiction and filed a motion to dismiss the case in Iowa. Yet, Lindgren countered by stipulating that online the company gave the option of delivering its products to Iowa (with FedEx). Ruling: Lindgren failed to make a prima facie case of personal jurisdiction. Yet, the court found that Lindgren’s claim could continue in the central district of California. GDT’s motion to dismiss was denied. Judicial Opinion: Due process requires that in order to subject a non-resident to the jurisdiction of a state’s court, the latter should have a certain minimum contact with it. The contacts with the state should be more than ‘random’, ‘fortuitous’ or ‘attenuated’. Use of a precedent: Zippo manufacturing case. The Zippo court observed that the likelihood that the personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and the quality of the commercial activity that an entity conducts over the Internet. In GDT’s case there is no continuous, long-term contacts or obligations with customers. Indeed, though it is interactive and commercial it is not specifically directed at Iowa. Lindgren countered that because...
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...Brief Fact Summary. Plaintiff Dennis Burnham, a New Jersey resident, was served with process for divorce by his wife in California, while he was visiting California on business. Synopsis of Rule of Law. Jurisdiction based on physical presence alone constitutes due process because it is one of the continuing traditions of our legal system that define the due process standard. Facts. Plaintiff a New Jersey resident, visited Southern California on business, after which he went to visit his children in the San Francisco Bay area, where his wife resided. Upon returning the children to his wife’s home, Plaintiff was served with a California court summons and a copy of his wife’s divorce petition. Plaintiff made a special appearance in California for the purpose of filing a motion to dismiss on the ground that the court lacked personal jurisdiction over him. The Superior Court denied the motion, and the California Court of Appeal denied mandamus relief. The Supreme Court of the United States then granted certiorari. Issue. Whether the Due Process clause denies a state court jurisdiction over a non-resident who was personally served with process while temporarily in that state, in a suit unrelated to his activities in that state. Held. No. The Supreme Court upheld the ruling of the California Superior Court. Jurisdiction based on physical presence alone constitutes due process because it is one of the continuing traditions of our legal system that define the due process standard...
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...Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2010 Employment Discrimination in the Ethnically Diverse Workplace Tanya Kateri Hernandez Fordham University School of Law, THERNANDEZ@law.fordham.edu Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Tanya Kateri Hernandez, Employment Discrimination in the Ethnically Diverse Workplace , 49 Judges' J. 33 (2010) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/14 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu. .. . .......... By Tanya Kateri Hernandez a1cial integrto has long been the touchstone of racial progress in the 0 workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do nor necessarily becomie less racially discriminatory. Diverse workplaces may be characterized by antagonism between people ofdifferent races. Interethnic discrimination may exist along side the discrimination that has traditionally occurred between blacks...
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...constitutionalism in the United States are important not because these concepts are old, or even exclusively ours, but because they form the basic architecture of American Liberty. Who controls the nation’s immigration laws- Congress or Executive? Although the question seems straight forward, the historical picture is mixed, and the text of the U.S. Constitution does not point clearly to the answer. While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and should be responsible for immigration laws using related law cases as example. Article I, Section 8, clause 4 of the Con¬stitution entrusts the federal legislative branch with the power to “establish an uniform Rule of Naturalization.” This clear textual command for uniformity establishes that the federal government, specifically Congress, is responsible for crafting the laws that determine...
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...• The prosecution objected, and the court sustained the objection. • Frye argued that the opinions of experts is admissible in those cases in which the expert can clarify the issue in order for judgment to be made. HOLDING(S): Expert testimony must be based on well-recognized scientific principles, and be generally accepted in the community to which it belongs. REASONING: The deception test had not gained such standing and scientific...
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...filing certain claims against the employer (Halbert & Ingulli, 2012). Scenario #1 – Ellen started a blog to protest the CEO’s bonus, noting that no one below the director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch”. The National Labor Relations Board has issued reports, the first in August 2001 and the second in January 2012, in regards to whether or not an employee can be disciplined for social media messages. In these reports they list various situations where employee utilized Facebook as a forum to voice their opinions about their employer (NLRB, n.d.). As a summary, if the employees were engaged in protected concerted activity, meaning they were discussing everything with fellow employees who were also providing feedback, therefore the employee cannot be fired (NLRB, n.d.). In this case, I do not have enough information to say whether or not Ellen can be fired because I do not know if these comments were made in relation to...
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