United States Supreme Court held that a portion of the federal Violence Against Women Act (VAWA) was an unconstitutional exercise of congressional power. The holding of this case and the unconstitutionality eventually resulted in the “freedom” of Antonio J. Morrison‚ who evaded charges under the act that would provide a victim‚ Christy Brzonkala‚ of gender-motivated violence a cause of action against the perpetrator for the recovery of compensatory and punitive damages. This case was properly decided
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The case of Miranda v. Arizona dealt with the question‚ “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963‚ when Ernesto Miranda was arrested in Phoenix‚ Arizona for robbing $8 from a bank worker‚ and was charged with armed robbery. He already had a record for armed robbery‚ and a juvenile record including attempted rape‚ assault‚ and burglary
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Mitch Carlson Steve Russell CRIM 331 Case Brief #1 Salinas v. Texas Facts & History On the morning of December 18‚ 1992‚ two brothers were shot and killed in their Houston home. Police were called by a neighbor who heard the gunshots‚ and then seen a “dark colored” car fleeing from the house. It was later found out that defendant‚ Genovevo Salinas‚ was at the residence where the murders took place the night before December 18th. When officers went to Salinas’ house‚ they arrived to a dark blue
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In Morrison v. Olsen‚ the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had
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First Amendment: Lemon v. Kurtzman and the Freedom of Religion Freedom of Religion is perhaps one of the greatest freedoms that the United States of America provides. The Establishment Clause and the Free Exercise Clause of are the first lines of the First Amendment to the Constitution of the United States and comprise this Freedom of Religion. They read‚ “Congress shall make no law respecting the establishment of religion‚ or prohibiting
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U.S. Supreme Court TEXAS v. JOHNSON‚ 491 U.S. 397 (1989) 491 U.S. 397 Citation: Johnson was convicted of desecration of a venerated object in violation of a Texas statute. Date Decided: June 21‚ 1989 Facts of case: At the 1984 Republican National Convention in Dallas‚ Texas‚ Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporations that he did not agree with. Noone sustained physical injury or was even
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Title of Case: Florida v. Michael A. Riley Legal Citation: 488 U.S. 445‚ 109 S.Ct. 693‚ 102 L.Ed.2d. 835 (1989) Procedural History: The respondent‚ Michael A. Riley‚ was charged with possession of marijuana under Florida law. The trail court granted his motion to suppress; the Court of Appeals reversed but certified the case to the Florida Supreme Court‚ which rejected the decision of the Court of Appeals and reinstated the trail court’s suppression order. The Supreme Court granted a writ of certiorari
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termination was a combination of legitimate reasons for example reducing costs with illegitimate reasons incapacity under a mixed motives theory. Question 3: Falstaff does not meet the requirements to make the claim. According to Grindle v. Watkins‚ courts use the McDonnell Douglas test to evaluate an ADA claim.
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Chapter/Case Questions: 1. Chapter 12‚ Yunker V. Honeywell‚ pg 456-459‚ Questions 1-4 1. The court meant by its statement that negligent hiring and negligent retention “rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in harm or damage to another individual or their property” (Luthra‚ 2011) and not on “an obligation that arises from the relationship of one party with another” (Luthra‚ 2011). The court meant that
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1. Name of the Case: Linda W illiamson v. City of Houston‚ Texas‚ 148 F.3d 462‚ 1998. 2. Facts: In 1990‚ Linda Williamson‚ a police officer with the City of Houston Police Department‚ was assigned to the Organized Crime Squad. Officer Doug McLeod‚ another member of this squad‚ began sexually harassing her on a daily basis and this behavior lasted for approximately 18 months. The harassing behavior occurred in front of other police officers‚ including the officers’ supervisor‚ Sergeant Bozeman. McLeod’s
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