when looking at the legal case of Town of Greece v. Galloway‚ which could be argued as a case that violates the Establishment Clause. This case deals with the monthly business meetings in the town of Greece. Galloway and Stephens sued the town and John Auberger because they were feeling uncomfortable as each meeting began with a prayer (Stahl). Galloway and Stephens argued that they felt discriminated because Christian prayers were preferred the most (Stahl). In some cases‚ the existence and the enforcement
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In the case of Gibbons v. Ogden‚ the State of New York “…gave individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges‚” as retrieved from www.oyez.com. In this case‚ the New York law violated federal law by giving in-state operators the monopoly on the coasting trade. The Court’s unanimous
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SWOT - Winco case Strengths • Largest sales volume (as believed by management) than any other similar chain or wholesale group in area of operations. Weaknesses • Growth via acquisitions‚ not internal growth Opportunities • Acquisitions (e.g.‚ Taylor Markets) Threats • Heavy competition from national chains such as A&P‚ Kroger‚ and National Tea. SWOT – Taylor Markets Strengths • Strong management • Increase in number of stores Weaknesses • Declining sales in 1963 • Labor disputes
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Wickard v. Filburn 312 U.S. 100 (1941) Facts The Agricultural Adjustment Act passed by Congress in 1938 allowed the secretary of agriculture to establish production limits on grains to stop wild swings in grain prices by eliminating surpluses and shortfalls. In 1940 the secretary of agriculture set the production limits for 1941. Roscoe Filburn‚ an Ohio farmer‚ planted not only his allotted amount but some other to produce wheat for home consumption. Roscoe was fined $117.11 for the excess planting
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limit the basic rights of all citizens. B. In the case of Engel v. Vitale‚ the Board of Regents for the State of New York approved a short‚ voluntary prayer to be recited at the start of school each day. A group of parents whose children attended the School District disagreed with this religious practice and argued that the reading of a nondenominational prayer at the start of the school day violates the "establishment of religion" clause
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Justin Smith Stambovsky v. Ackley (Case Brief 3) Facts The Plaintiff purchased a house that was known to be possessed by poltergeists. Stamboysky was from New York City and not familiar with local folklore. The sellers were aware that it was haunted and actually reported it through national publication‚ Reader’s Digest‚ in 1977 and the local press in 1982. Procedural History The Plaintiff‚ Stambovsky‚ sued to have the contract canceled. The trial court ruled in favor of Ackley. Issue Can the
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1. In the case of Hu v. Fang‚ 127 Ca.Rptr.2d 756 (2002)‚ when the court said the paralegal’s error was “imputed” on the attorney‚ it meant that the attorney was responsible for the acts or omissions of his paralegal. I relied on ABA Model Rule 5.3 – Responsibilities Regarding Nonlawyer Assistants for formulating my answer. 2. Based on the holding in the Hu v. Fang case‚ an available sanction might be that the default would not be set aside since‚ unlike the instant case‚ the error was not caught
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the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch‚ the cashier of the Baltimore branch of the Bank brought the case to the trial court which decided against him. The Maryland Court of Appeals affirmed this decision. ISSUE: Does Congress have the authority to instate a bank‚ and if so‚ does the state of Maryland
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Cassie versus Kelsang Cassie: "I was also told directly that...our normal ’2015 Summer Camp’ and normal ’2016 winter camp’ will be impossible to arrange this year...TNSA began to block the activities of the program." Kelsang: " I told her‚ Kalachakra Initiation and Tibetan New Year coincide with the said camps. Players may want to take parts the events and spend time with their families. I didn’t block them from playing. Evidence is‚ their first ever match was played as an exhibition match during
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Prince v. Cariou Brief A. Statement of the Case Plaintiff Patrick Cariou sought summary judgement on the issue of liability of copyright infringement. Defendants Richard Prince‚ Gagosian Gallter‚ Inc.‚ and Lawurence Gagosian sought a determination that their use of Plaintiff’s copyrighted photographs was a “fair use” under the relevant section of the Copyright Act‚ 17 U.S.C. §§ 107 (1)-(4)‚ and that the Plaintiff’s claim for conspiracy to violate his rights under the Copyright Act
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