allowing Turner to continue to work as a shaker table inspector. When analyzing this case‚ Turner’s medical problems appeared to be limited to her job as a shaker table inspector. She was a qualified individual for the job and received several accommodations under the ADA‚ but her medical problems did not limit any major life sustaining activities. She had difficulty with very few activities. As stated in the case‚ “the activities in which she can participate in are limited and do not require any
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The due process clause is found in the U.S. Constitution and guarantees individuals rights based on moral principles (Due Process Clause Law and Legal Definition. (n.d.). The U.S. government must give all legal rights that are owed to a person according to the law. The due process clause in the constitution prohibits state and local government from depriving any person of life‚ liberty‚ or property without due process of the law (Due Process Clause Law and Legal Definition‚ n.d.). Vagueness doctrine
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Terry v. Ohio: Martin McFadden was a police officer in Ohio who noticed that two individuals appeared to be acting suspiciously. While watching these people from his police car‚ Officer McFadden noticed that these two men appeared to be planning a criminal attack. The two men were walking back and forth in front of a store while conspiring with each other. When McFadden approached the two men and identified himself as a law enforcement officer‚ he walked them down the street and frisked them for
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Case Study: Oncale v. Sundowner Offshore Services‚ Inc. Joshua Weisman Webster University HRMG 5700 QD F2 In the case of Oncale v. Sundowner Offshore Services‚ Inc.‚ Joseph Oncale was the victim of repeated harassment‚ sexual‚ physical and mental‚ from at least three members of the work crew‚ of which two had a supervisory position over him. When Oncale brought his complaints to the supervisors‚ they took no noticeable actions against the harassers and‚ after he had experienced
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to the case. In addition to the rules‚ specific presumptions may be applied by the courts when faced with uncertain cases. These provide primary principles enforced on the statue to be interpreted. Some presumptions of statutory interpretation are: i) The presumption against ousting the jurisdiction of the courts ii) The presumption that persons should not be penalized except under clear law iii) The presumption toward fairness and justice iv) The presumption of constitutionality v) The presumption
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No. 07-0268 __________________________________________________________ IN THE SUPREME COURT OF THE UNITED STATES _____________ ANDREA “ANDY” SOMMERVILLE‚ Petitioners-Appellants v. WLLIAM DENOLF Respondent-Appellee ------------------------------------------------- On Writ of Certiorari to the United States Court of Appeals for the Seventeenth Circuit _____________ BRIEF FOR RESPONDENT _____________ QUESTIONS PRESENTED FOR REVIEW 1) Whether the Gun Free School Zone
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In the case Gonzales v. Raich‚ Angel Raich‚ which is from California‚ was charged with home-grown‚ non-commercial use of medical marijuana. Raich has inoperable brain tumor‚ seizures‚ and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up‚ California passed the Compassionate Use Act in 1996. With
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Within the United States Constitution is The Equal Protection Clause of the 14th amendment which essentially prohibits “unreasonable discrimination.” It states that every person should be treated equally regardless of condition or circumstances within the jurisdiction of each state. The Equal Protection Clause is written in such a manner to protect people from unlawfully being classified with discriminatory classifications. The court will deem a classification constitutional if it contains “rational
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employee unreasonably failed to avoid the harm‚ the employer will be liable” (EEOC‚ 1999). 2. The cases Faragher v. City of Boca Raton and Burlington Industries v. Ellerth apply to the current case because of many reasons. In Ellerth‚ “the Court concluded that there was no tangible
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Commerce Clause and Health Care The Commerce Clause was merely placed in our Constitution to ensure that states couldn’t establish laws or regulations that would hinder with trade and economic commerce‚ in result gave Congress the power “to regulate Commerce with foreign Nations‚ and among the several States‚ and with the Indian Tribes.” To me‚ the Commerce Clause was once legitimate in the sense that the economic activity was mainly trade based and to prevent the intense rivalry among states‚
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