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US Supreme Court Cases Howes, Warden v Term Paper

… US Supreme Court Cases

Howes, Warden v. Fields - Docket No., 10-680

The Self-Incrimination Clause of the Fifth Amendment to the United States Constitution provides that: No person shall be & #8230;..compelled in any criminal case to be witness against himself[.] For almost fifty years, the courts have avoided any broad approach for determining whether a suspect is "in custody" for purposes of a Miranda warning, Miranda v. Arizona, 384 U.S. 436 (1966), instead applying a circumstance specific analysis. The question before the court now is whether the Court in Mathis v. United States, 391 U.S. 1 (1968), impliedly got rid of that circumstance specific test for incarcerated people, such that prison officials must always give Miranda warnings, in spite of the situation, before questioning…. [read more]


Panetti v. Quarterman Supreme Court Case Term Paper

… United States Supreme Court Decision Brief

SCOTT LOUIS PANETTI, Petitioner-Appellant, versus DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT of CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee.

UNITED STATES SUPREME COURT

PRIOR HISTORY: Appeal from the United States Court of Appeals for the Fifth Circuit, 448 F. 3D 815.

COUNSEL: For SCOTT LOUIS PANETTI, Petitioner - Appellant: Keith S. Hampton, Hampton Law Office, Austin, TX; Gregory W. Wiercioch, Texas Defender Service, San Francisco, California.

For DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT of CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee: Tina J. Dettmer, Office of the Attorney General, Postconviction Litigation Div, Austin, TX.

Scott Louis Panetti was convicted of capital murder and sentenced to death by a Texas state court. Panetti sought habeas corpus relief from the District Court, which…. [read more]


US Supreme Court Orff v. United States 545 U.S. 596 2005 Term Paper

… ¶ … United States: 545 U.S. 596 (2005)

Was the United States in breach of its 1963 contract with Westlands Water District and liable for money damages by reducing the delivery of water?

Were the Petitioners intended third-party beneficiaries of the 1963 contract?

Did the Reclamation Reform Act of 1982 waive the United States' sovereign immunity from breach of contract suits?

Rules

Reclamation Reform Act (1982): Section 390uu of the Act which waives the United States' sovereign immunity for certain purposes.

H.F. Allen Orchards v. U.S. (1984)- a case in which the Federal Circuit held that farmers were "true parties in interest" to the irrigation district's water contract with the Reclamation Bureau since the district has no real stake in the water contract as opposed…. [read more]


United States Supreme Court: Federal Government Research Paper

… Supreme Court is the highest federal court in the land. It is embedded in Article III of the Constitution and serves two main functions - developing procedural laws for lower-level federal courts and interpreting laws for both federal and state courts. The Supreme Court maintains ultimate appellate jurisdiction over the nation's federal courts as well as over cases in state courts that have to do with federal law. Currently chaired by Chief Justice John Robert, who is assisted by eight associate judges -- Elena Kagan, Sonia Sotomayer, Samuel Alito Jr., Stephen Breyer, Ruth Ginsberg, Clarence Thomas, Anthon y Kennedy, and Antonin Scalia -- the Supreme Court has, for the two centuries of its existence, been responsible for some landmark and life-changing rulings. The most recent…. [read more]


Supreme Court Cases Douglas v. Independent Living Term Paper

… Supreme Court Cases

Douglas v. Independent Living Center of Southern California, Douglas v. California Pharmacist Association, and Douglas v. Santa Rosa Memorial Hospital (consolidated) - Docket No. 09-958, 09-1158 and 10-283 - The questions is whether Medicaid recipients and providers may maintain a cause of action under the Supremacy Clause by asserting that the provision preempts a state law reducing reimbursement rates and whether a state law reducing Medicaid reimbursement rates may be held preempted based on requirements that do not appear in the text of the statute?

FAA v. Cooper - Docket No., 10-1024 - The questions is whether a plaintiff who alleges only mental and emotional injuries can establish actual damages within the meaning of the civil remedies provision of the Privacy Act.…. [read more]


United States Government Is a Republic Term Paper

… United States Government is a Republic, formed on democratic principles. This means that the United States operates under a system of democracy that is "for the people, by the people." Citizens of the United States are participants in their democracy by way of the electoral processes that allow them to elect members to the House of Representatives, the United States Senate, and the president and his vice president. The president's term is limited to two four-year terms, to ensure that no elected official ever has such a taste of power for the office of the President of the United States - an office that has come to represent one of the most powerful people not just in the United States, but in the world; such…. [read more]


Chavez v. Martinez Case Essay

… Martinez -- 538" par, 1).

The trial court ruled that the petitioner was not permitted qualified immunity because his actions violated Martinez's Fifth and Fourteenth Amendment rights. The District Court's ruling was upheld by the appellate court, which argued that Chavez's coercive interrogation infringed Martinez rights though his statements were not used against him in a criminal case. The appellate court stated that an officer violates due process when he receives a confession through coercive conduct despite of whether the confession is eventually used at trial.

In a divided decision, the United States Supreme Court ruled that Martinez's Fifth Amendment rights had not been infringed. Moreover, another panel of juries in this court reasoned that a violation of the right can be demonstrated if Martinez…. [read more]


Ashcroft US Supreme Court Case Essay

… American Civil Liberties Union. Federal Communications Law Journal, 55(1), 85-98.

Online Gaming

In the United States, much contention has been developing over the stance the federal government should take with regard to online gaming. As of 1999, the United States has enforced the Online Gambling Prohibition Act, which expressly forbids any American citizen from playing online gambling games where real currency is exchanged. Regardless of this, it has been reported that American citizens represent between 50 to 70% of internet gaming customers worldwide (Parke, 2004). As with most prohibition laws, this law is being challenged at all levels and the Constitutionality called into question.

The first argument presently given is that the internet is a non-regulated forum, similar to any public forum and thus the…. [read more]


Culture and the United States Essay

… Economy, Energy and Infrastructure

The United States of America has remarkable mineral and agricultural resources. In the past, the country was almost self-reliant. However, the continuous and escalating consumption of energy has made America reliant on certain imports. Yet, it is the largest producer of both electrical and nuclear energy in the world. It is also recognized as the chief producer of "copper, gold, coal, crude oil, nitrogen, iron ore, silver, uranium, lead, zinc, mica, molybdenum, and magnesium" ("United States," 2009). As far as the agriculture is concerned, America leads the world in "cheese, corn, soybeans, and tobacco" ("United States," 2009) production. Moreover, America is also the leading exporter of wheat and corn in the world and is the third biggest exporter of rice. The…. [read more]


United States District Court Multiple Chapters

… Grantham submitted to multiple blood tests that all came back negative id at 1081. There must be a basis in fact for her fear of developing a disease id. Porter like Grantham cannot show a basis in fact that would legitimize his claim for emotional distress.

The District court correctly ruled in granting partial summary judgment with regard to the issue of negligent infliction of emotional distress. Porter fails to show substantial evidence that would justify his claim. Without substantial evidence the ruling for partial summary judgment was proper and should stand.

Alabama Rule of Evidence 408 should preclude the admissibility of the settlement communications. The basic policy underpinning Rule 408 is to motivate the involved parties' and give them freedom of discussion concerning a…. [read more]


Supreme Court and Public Opinion Thesis

… Drafts of the opinions, as well as concurring or dissenting opinions, circulate among the Justices until all voices are heard and the Court is prepared to release its official opinion (Tushnet, 2008, p. 256). In cases that are high profile or that have divergent state opinions, the Court's decisions tend to not only make the national news, but to also become part of the public debate.

For the public, life is a series of divergent choices -- fiscal, political, social, moral, etc. These choices are not made in a vaccum, but in relation to the way society's morals and choices change. For example, in 2003, the Supreme Court decided that state laws that prohibited private and consensual sex between adults were unconstitutional. That case, Lawrence…. [read more]


Supreme Court Case Coker v. Georgia Research Paper

… Supreme Court Case:

According to the United States Constitution, any state legislature or Congress may prescribe capital punishment or the death penalty for capital offenses or murder. This is especially because the U.S. Supreme Court has ruled that this form of punishment is not necessarily an infringement of the Eighth Amendment's prohibition on unusual and cruel punishment. Actually, the Amendment shapes some procedural aspects about when a jury may use this form of punishment and how it must be conducted. The Eighth Amendment is applicable against the federal and state government due to the due process clause in the Fourteenth Amendment.

Constitutional Requirements under Which a Criminal can receive Death Penalty:

Currently, thirty-eight states and federal government enforce the death penalty or capital punishment, which…. [read more]


US Patriot Act Term Paper

… USA Patriot Act

The purpose of this paper is to research the "USA Patriot Act" and examine exactly what the implications are in the implementation of this act should another terrorist event such as 911 occur.

Restrictive laws have been passed at crucial times in the history of the United States before the passing of the U.S.A. Patriot Act. Although the laws within this Act are intrusive upon the privacy of United States Citizens, there are those who do not mind the restrictiveness of the Act in exchange for safety. This is understandable to a certain extent however one must keep in mind that the Constitutional rights vested in each individual in the United States has been tread upon to a great extent by the…. [read more]


United States' President Comparing Essay

… In Canada the delay time is set according to the accessibility of services in the location and by the relative demand of the individual requiring treatment. Additionally, the doctor-to-patient percentage is inferior in Canada than in the United States. In accordance to a 2009 Commonwealth agreement, Veteran's healthcare facilities in Pennsylvania and New York city, respectively, have even more physicians readily available individually than in Canada (Snowdon A, and Cohen, 2011).

With concerns to Patient-Physician Relationship, when the physician is satisfying a client for the first time, the physician needs to determine the client's requirements and expectations, reveal to the patient the necessary details about their level of understanding, abilities, restrictions of practice and mode of after-hours operation, and figure out whether the regards to…. [read more]


Supreme Court Decisions That Shape Federalism Research Paper

… Criminal Justice

Supreme Court Decisions That Shape Federalism

Gonzales v. Oregon, 546 U.S. 243 (2006), was a decision by the United States Supreme Court, which ruled that the United States Attorney General could not enforce the federal Controlled Substances Act against doctors who prescribed drugs, in conformity with Oregon state law, for the assisted suicide of the terminally ill. In a 6-3 decision written by Justice Anthony Kennedy, the Court affirmed the Ninth Circuit's judgment, but used different ways of thinking. The majority opinion did not dispute the authority of the federal government to control drugs, but opposed that the statute in place authorized the U.S. Attorney General to override state laws shaping what comprised the suitable utilization of medications that were not themselves banned.…. [read more]


Supreme Court: Due Process Research Paper

… The Supreme Court ordered a new trial, based on Brady and the 14th Amendment, noting that during the first trial, there was insufficient disclosure that Taliento had received immunity from prosecution. As a result, the trial in which Giglio was convicted was a violation of due process -- it needed to be disclosed that the reason Taliento was giving testimony is because he had received a deal in exchange for that testimony. It is worth noting that, as an extenuating circumstance in this case, Taliento's testimony comprised the majority of the evidence presented at Giglio's trial. With Taliento, there was likely not have been an indictment much less a conviction of Giglio. Taliento's credibility, therefore, was an important issue in this case, and the jury…. [read more]


Scotus Brown V Board Research Paper

… SCOTUS

Brown v Board of Education is one of the seminal cases of the civil rights movement, prohibiting the separation of schools by race. The case centered around the doctrine of "separate but equal," which derives from the key precursor case was Plessy v Ferguson. The 14th Amendment, passed in 1868 in the wake of the Civil War, "strengthened the legal rights of newly freed slaves by stating, among other things, that no state shall deprive anyone of equal protection of the law" (U.S. Courts, 2013). The reality is that there was substantial opposition to the 14th Amendment, and in many parts of the country there was still substantial discrimination against blacks. Plessy v Ferguson established the 'separate but equal' doctrine that argued that while…. [read more]


Supreme Court Term Paper

… The First Amendment: Schenck v. United States, 249 U.S. 47 (1919)."

1) The judge took an oath to support the First Amendment, which he did not do in this case. A Federal law was involved which abridged the freedom of the press, so Schenck should have been released, the power of Congress to pass that law having been removed by the First Amendment.

2) Justice Holmes presented no evidence that Schenck falsely stated anything; Schenck's supposedly criminal activity was in printing and distributing the text of the Thirteenth Amendment to the Constitution, and his view of what behavior that text entailed. Consequently, the analogy to false speech is irrelevant.

3) While it may be true that preventing false speech may be sound public policy, the…. [read more]


Supreme Court Established in Analyzing Term Paper

… 25 Jan. 2005 .

Discuss the impact of the Thirteenth Amendment via the overturning of the Dred Scott decision and it effects on slavery

Abraham Lincoln once said no nation could survive half enslaved and half free, and no case illustrated this better than the Dred Scott decision. The case involved the bitterly contested issue of the status of slavery in the federal territories. In 1834 a 'master' took the slave named Dred Scott from Missouri, a slave state, to a free state, and then into the Wisconsin Territory, where slavery was prohibited. Scott sued for his freedom on the grounds that residence in a free state (Illinois) and subsequently in a free territory had ended his bondage. When the case went before the Supreme…. [read more]


S.B. 1070, ACA, and Federal Term Paper

… The District Court for Arizona issued a preliminary injunction for all four provisions and the Ninth Circuit affirmed, based on the belief that the federal challenge could succeed.

The S.B. 1070 provision requiring illegal aliens to register with the appropriate federal agency was viewed by the Supreme Court as impinging on the federal government's jurisdiction and therefore the lower court's injunction was upheld (Arizona et al. v. United States, 2012). The injunction against the provision making it a crime to seek employment without a work permit was upheld because federal immigration law only imposes a civil penalty. The injunction against the provision granting local and state police officers the authority to conduct warrantless arrests of illegal aliens was upheld because Congress has given federal agencies…. [read more]


Effects of Supreme Court Decisions Essay

… ¶ … Supreme Court Decisions

The Nature and Purpose of Counseling

Effects of Supreme Court Decisions

Effects of Supreme Court Decisions

The major tenets of criminal procedure are widely known and accepted by Americans. Criminal procedure can be defined as the rights that must be afforded to all suspects and defendants in the criminal justice system (Luna, 1999). It can be viewed as the manner in which the government imposes criminal law. Criminal procedures exist on many levels including local, state, and federal government, each of which has its own criminal codes and definition of crime (Luna, 1999). Federal crimes are typically viewed as those which impact federal interests or involve activities that are outside of the scope of the boundaries of the particular state.…. [read more]


Supreme Court and the Constitution Term Paper

… Supreme Court and the Constitution

Over the course of the nineteenth century, the Supreme Court ruled in a number of cases that corporations were, indeed, persons. At the onset of the century, however, this was not the case, as Chief Justice John Marshall enunciated in an 1819 case: "[the corporation] possesses only those properties which the charter of its creation confers upon it." The Industrial Revolution gave birth to views in which the corporation's place in society began to evolve. These developments took place during a period when many financial and industrial firms were beginning to exercise unprecedented power in the United States. In fact, this period represents the time when corporations began expanding their activities across state lines, and eventually across national borders, with…. [read more]


US Supreme Court Central Green Company v. United States 531 U.S. 425 2001 Term Paper

… ¶ … Green v United States

CENTRAL GREEN CO. V. UNITED STATES: (99-859) 531 U.S. 425 (2001)

Facts:

The Madera Canal, a federal facility leased to the Madera Irrigation District (MID), flows through 1,000 acres of pistachio orchards owned by Central Green Co. (the petitioner) in San Joaquin Valley, California. In 1996, Central Green filed suit in the District Court under the Federal Tort Claims Act against the United States and the MID (the defendants) alleging that their negligence in the canal's design, construction, and maintenance caused subsurface flooding resulting in damage to the orchards and increased operating costs for the Petttioner. The defendants moved for judgment on the pleadings based on immunity granted by the Flood Control Act of 1928. ("Central Green Co. v..."…. [read more]


United States v. Eurodif S.A. Facts Federal Term Paper

… United States v. Eurodif S.A.

Facts

Federal law allows the U.S. Department of Commerce to impose an antidumping duty on foreign merchandise sold in the United States for less than fair market value. The instant case involves the consolidation of two cases, United States v. Eurodif S.A. And USEC Inc. v. Eurodif which were heard by the United States Supreme Court. The allegations giving rise to the dispute involves imports of low enriched uranium (LEU) by USEC Inc. into the United States.

Procedural History

The case originated in the United States Court of International Trade (CIT). The Commerce Department had ruled that LEU obtained by USEC was eligible for antidumping duties. The Commerce Department's decision was appealed by USEC and sixteen American utilizes intervened. The…. [read more]


Supreme Court and Checks and Balances Term Paper

… ¶ … Balances - Supreme Court

The phrase "checks and balances" refers to the built-in restraints that each of the three branches has on the other branches. The Legislative Branch has the power to impeach the members of the Executive, can select the President and Vice President if there is no clear majority, can override the Presidential veto, approve departmental appointments, approves the appointment of federal judges, initiate constitutional amendments, and establish courts inferior to the Supreme Courts and establish their jurisdictions. It uses its appointment approval power the most. The Executive Branch has veto power, the Vice President is the President of the Senate, can call Congress into session, appoints judges, and has the power of the pardon. The Executive uses the Presidential veto.…. [read more]


Supreme Court Cases (Muller v Thesis

… The practice of unequal treatment between men and women in the workplace continues through the remainder of the 21st Century (Spillenger 10).

My view of the case

As a woman, I do not agree because it is our right to work as much as we want not up to men. The Oregon law denied women the freedom to work more than ten hours per day. This interfered with women's liberty to support themselves and make contracts. Additionally, I believe the Oregon law has directly conflicted with a different Oregon law that gives women and men equal personal rights. In reference to the Fourth Amendment, the Oregon law is unconstitutional because the state law applies equally to all persons. In arguing that women are physically weak…. [read more]


United States Has Become Preoccupied Essay

… But, America is making its best effort to educate common people as they should understand the laws and regulations to follow and to elect the right person as their representatives (Kurth, 2009).

Military development:

The innovation in military is changing the way of war of America. As American economy is re-creating itself, the America's military has also started taking advantage of the technology. In 20th century, there was no other power to match America's military power.

United States consider the military power as an essential element of its national strategy and it is viewing military as a key to achieve the objectives in globe. United States military instruments serve several crucial purposes such as to facilitate the Beijing's integration into cooperative security oriented processes and…. [read more]


American West United States Research Paper

… Competition and Regulation

During the time when railroads were being developed in the West and some of the railroad companies had experience bankruptcy, some of them were in debt and some started the wars regarding the rate. For this purpose, there was need to limit competition and therefore, lines that worked in the same territory had to either share the area or there was call of distributing the profit equally. This agreement among railroad companies led to the process of pooling, in which the rates were high (Bianculli, 56). The companies lacked cooperation and therefore, ensure that they would get maximum number of customers and therefore, they would pay bribes or rewards to large customers in order to ensure that they would use their lines…. [read more]


Exclusionary Rule by the Supreme Court Case Study

… ¶ … Exclusionary Rule by the U.S. Supreme Court

Exclusionary Rule by the Supreme Court:

As a nation governed by the law, the United States uses her constitution and its amendments as the basic way of regulating the life of its citizens. The U.S. Constitution is a dynamic document that undergoes several reviews and amendments constantly in order to improve governance. The U.S. Supreme Court is the main body in the judiciary mandated with the task of reviewing the country's constitution. Generally, the review process of the Supreme Court involves reinterpreting the Constitution and transforming regulations that govern the behaviors of all officers. Therefore, it's important for these officers to constantly review their organizational directives and rules based on the ongoing changes in the law.…. [read more]


Concept of Equal Protection Term Paper

… Equal Protection

The Supreme Court has played a pivotal role in race relations in the United States. It began by supporting the institution of slavery, going so far as to invalidate an act of Congress that intended to limit the spread of slavery in the United States. The Court's support of racial oppression did not end with the end of slavery. On the contrary, even after the conclusion of the Civil War, when the laws clearly supported the equality of the races, the Supreme Court's decisions did not always support equal protection. However, by the time of the 1960s Civil Rights Movement, the Court had begun to take an activist role in civil rights, which may be the only reason that there have been any…. [read more]

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