McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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The legend of Santa Claus has been told for centuries and is still told to this day. Every year‚ many children make Christmas lists and send them to Santa. If they are good‚ they will get presents‚ but if they are bad‚ they will get a bundle of coal in their stocking. Santa is usually visualized as a happy‚ white-bearded man‚ with a red stocking cap‚ and a red suit with white cuffs and black boots. In other cultures‚ he is referred to as St. Nicholas‚ Sinterklauss‚ and Father Christmas. Santa Claus
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ABSTRACT Mapp v. Ohio is a landmark case in criminal procedure of the USA‚ in which the US Supreme Court decided that evidence obtained by illegal search ad seizure which was against the Fourth Amendment‚ will not be used in state courts‚ as well as in federal courts. The Court in Mapp also based its decision on the necessity to protect citizens from police misconduct. This case overrules the decision in the case of Wolf v. Colorado. The Supreme Court decision in Mapp v. Ohio was quite controversial
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violates the Equal Protection through the use of a rigid quota system for hiring and the lack of past discrimination to remedy. Each clause in the ordinance gives a strict quota based on either race‚ gender‚ religion or wealth and education. By only allowing a specific designated number of seats for a non-preferred groups is a violation of the equal protection clause because it gives those in the preferred group unfair advantage. This principle was established in the Bakke majority opinion that states
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The Liebeck v. McDonald’s case was a product liability lawsuit filed by Stella Liebeck‚ a 79 year old woman who was burned by a scalding hot coffee. One Sunday afternoon in 1994‚ Stella Liebeck ordered a cup of coffee at a McDonald’s drive through in Albuquerque‚ New Mexico. As she sat alongside her grandson in a 1989 Ford Probe‚ Liebeck noticed that there were no cup holders on the passenger side. Acting quickly‚ Liebeck decided to put the coffee cup between her knees. When she removed the coffee
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Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict‚ knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal‚ Blankenship‚ the chairman‚ CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close
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Who is Santa Claus? He is a man of mystery‚ a fat man in a red suit who sneaks into homes not to steal but to give‚ and he is a household name for American families all across the country. He is a common story told at Christmas time‚ from parents to children‚ passed down from generation to generation. Why is this storytelling such a common practice? Does it have any effect on the children when they realize that Santa is not real‚ or does Santa stand for such a fundamental concept of American culture
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even though it was not a typical issue of support‚ their approach in their scope of review did not have to differ. If the parents had included a stipulation into their divorce agreement‚ as what occurred in Emrick v. Emrick ‚ the Court would likely have decided differently. In this case‚ there was no agreement but rather‚ at the time of the initial order by the trial court‚ the free will of the father to financially contribute to his son’s postsecondary
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RENO v. AMERICAN CIVIL LIBERTIES UNION US Supreme Court‚ 1997 1. Claim: Attorney General Janet Reno‚ the appellant appealed directly to the Supreme Court as provided for by the Act’s special review provisions against the appellee‚ ACLU. 2. Facts: The 1996 Federal Communications Decency Act sought to protect minors from “indecent” and offensive Internet materials. The Act made it a crime to transmit obscene or indecent messages over the Internet. Immediately after the CDA became law‚ twenty
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