Slaughterhouse Cases, Takings Clause
PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's conviction. The akeshop Act was an absolute interference t…...

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BIBLIOGRAPHY

LII (2013). Nebbia v. New York. Legal Information Institute: Cornell University Law

School. Retrieved on November 30, 2013 from  http://www.law.cornell.edu/supct/html/historics/USSV_CR_0291_0502__ZO.html 

Lurie, J. (2003). Reflections on justice, Samuel F. Miller and the slaughterhouse cases:

still a meaty subject. Vol 1 # 1, NYU Journal of Law and Liberty: New York

he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated that INA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.

Holding of the Court

he Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of INA, which was intended to avoid excessive waste of taxpayer dollars, was already a "deeply ingrained" principle of…...

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The Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of TINA, which was intended to avoid excessive waste of taxpayer dollars, was already a "deeply ingrained" principle of procurement policy. Obligatory Congressional enactments govern federal contracts and there was a clause within the contract noting that procurement regulations issued under statutory authority would affect the terms of the contract. Given case law (including the Christian precedent) combined with the UCSF's history as a seasoned government contractor, both law and circumstance weighed against the hospital and in favor of the Veteran's Administration.

criminal case brief; the case under study is the Sullateskee vs. Oklahoma State case. An analysis will follow to ascertain if the key issue, in regard to the verdict, was Mens ea or Actus eus.
Actus eus and Mens ea

The Latin term Actus eus means "the guilty act." In simple terms, it implies the physical deed of perpetrating a criminal offense. On the other hand, the Latin term Mens ea denotes "the guilty mind." Criminal Code terminologies "knowing," "with knowledge," and "with intent" are frequently utilized for Mens ea (THE CIMINAL EQUATION: actus reus + mensrea = CIME). Two contrasts exist with other criminal liability factors, enabling judicial authorities to determine Actus eus's nature, of which one is with Mens ea. The literal translation of Mens ea is, as mentioned earlier, guilty mind. This term's technical legal usage indicates that criminal liability precondition dealing with the suspect's frame of mind…...

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References

(n.d.). Law Library - American Law and Legal Information - JRank Articles . Actus Reus - Actus Reus vs. Mens Rea - Morality, Moral, Guilty, and Murder - JRank Articles . Retrieved September 11, 2015, from  http://law.jrank.org/pages/460/Actus-Reus-Actus-reus-versus-mens-rea.html 

(n.d.). TeacherWeb - Websites for Teachers, Schools, and Districts . THE CRIMIAL EQUATI ON: actus reus + mensrea = CRIME. Retrieved September 11, 2015, from http://teacherweb.com/ON/PerthDistrictCollegiateInstitute/CindyRotar/Basics-of-Criminal-Law-revised-Jan-2011.pdf

(n.d.). U.S. Law, Case Law, Codes, Statutes & Regulations:: Justia Law. SULLATESKEE v. STATE:: 1967:: Oklahoma Court of Criminal Appeals Decisions:: Oklahoma Case Law:: Oklahoma Law:: U.S. Law:: Justia. Retrieved September 11, 2015, from  http://law.justia.com/cases/oklahoma/court-of-appeals-criminal/1967/55667.html

Statute and Case Law Relationship
In Cloutier v. Costco, 390 F3d. 126 (2004), Kimberly Cloutier alleged that her employer, Costco Wholesale Corp, failed to offer her a reasonable accommodation after she informed it to a conflict between the "no facial jewelry" provision of its dress code and her religious practice as a member of the Church of ody Modification (CM) (ody piercing, religion and the workplace, 2005). She argues that this failure amounts to religious discrimination in violation of Title VII, 42 U.S.C. § 2000e-2(a), and the corresponding Massachusetts statute, Mass. Gen. Laws ch. 151, § 4(1A). Title VII requires employers to accommodate the "sincerely held" religious beliefs of employees and applicants, unless doing so imposes an "undue hardship," usually defined as anything more than a de minimus or token cost (Mitchell, 2005).

While working in a front-end position at Costco, Cloutier began body piercing to follow the tenets of CM, a…...

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Bibliography

Body piercing, religion and the workplace (2005, January 19). Retrieved February 8, 2005 from Web site:  http://lawprofessors.typepad.com/laborprof_blog/2005/01/body_piercing_r.html 

EEOC agrees to landmark resolution of discrimination case against Abercrombie & Fitch (2004, November 16). Retrieved February 8, 2005 from Web site:  http://www.eeoc.gov/press/11-18-04.html 

Mitchell, M.S., (2005, January). Costco scores big win for dress codes. Hospitality Labor Letter. Retrieved February 8, 2005 from Web site:  http://www.laborlawyers.com/CM/Hospitality%20Workforce/eHLLjan05.pdf

Contract Law Mistakes Mutual Mistakes in Contract Law
Contract Law Mistakes

This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in this case. It will also study the concept of mutual mistake of fact, and whether rescission of the contract can be done.

Case Background

Supposing an individual, Josh Hartly wants to purchase a new automobile, and thus visits the local automobile dealer. During his negotiations with the salesperson, he states that he requires the 3.2 liter V-6 engine, not the 3.9 liter one, as he has doubts pertaining to the 3.9 liter engine's fuel economy. Josh then enters into a contract, and agrees to buy a car fitted with a 3.2 liter V-6 engine (Paper Instructions Provided by Customer). What neither the salesperson nor Josh was aware of was that the 3.2 liter and the 3.9 liter were no longer being manufactured; instead,…...

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References

Legal Dictionary a., (n.d.). Mistake of Fact legal definition of Mistake of Fact. Retrieved August 3, 2015, from  http://legal-dictionary.thefreedictionary.com/Mistake+of+Fact 

Legal Dictionary. b., (n.d.).Rescission of contract legal definition of Rescission of contract. Retrieved August 3, 2015, from   Instructions Provided By Customershttp://legal-dictionary.thefreedictionary.com/Rescission+of+contractPaper 

Welcome -- Judicial Education Center. (n.d.). The Uniform Commercial Code (UCC) -- Judicial Education Center. Retrieved August 3, 2015, from  http://jec.unm.edu/education/online-training/contract-law-tutorial/the-uniform-commercial-code-ucc

BLm - Bureau of Land Management
Environmental Impact Statement

FLPMA - Federal Land Policy Management Act

NEPA - National Environmental Policy Act

FA - eligious Freedom estoration Act

Environmental Justice Case of South Fork Band Council of Western Shoshone of Nevada v. U.S. Department of Interior

Detailed background history of the case

The subject refers to a prospective gold-mining project in the Western Shoshone sacred site of the Cortez Mining District, situated in Lander County, Nevada, near Mt. Tenabo. With gold mining an important industry since 1950, in Lander County, and the identification of two new gold sources near the existing Cortez Mine, Cortez proposed an elaborate 850 acre additional mining facility, which would involve Cyanide heap-leach processing and de-watering of ground water to prevent the mines from getting flooded. The total additional acreage concerned were 6,571 acres of public land and 221 acres belonging to Cortez (FindLaw, n.d.).

When this proposal reached BLM, they decided that, this…...

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References

FindLaw, (n.d.), Law Article: United States Court of Appeals, Ninth Circuit, Retrieved from findlaw.com/us-9th-circuit/1498619.html.http://caselaw.

Akilah, J.K. (2011), Indigenous Consent: Rethinking U.S. Consultation Policies In Light Of the U.N. Declaration on the Rights of Indigenous Peoples, VOL. 53, 2011, Retrieved from www.arizonalawreview.org/pdf/53-4/53arizlrev1301.pdf.

BUSINESS LAW Business Law: Case Law Analysis- Tort LawStep 1: Information Literacy SkillsParties before the court: Wael Musa (Plaintiff) vs. Carleton Condominium Corporation no. 255 (Defendant) (CanLii, 2022)Date of decision: 18-27 October 2021.Court: Superior Court of Justice- Ontario.Step 2: Summarizing FactsThe incident occurred in December 2016 when the plaintiff fell off the slippery area outside the roadway of a condominium in Ottawa (Berman, 2022). The accident resulted in his ankle fracture during the first snowstorm in the region. The plaintiff sued the defendant, asserting that the Contractor should have been more careful in spearing salt on the road. The plaintiff believed it was an unreasonable time to spread the salt, showing a negligence tort that came out as an accident (az, 2010). The challenging circumstances of the weather should have been prudently analyzed before applying salt and not making it dangerous for the pedestrians.The court ruled for the plaintiff as…...

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ReferencesBerman, D. (2022, May 18). Musa v. Carleton Condominium Corporation no. 255 et al., 2022 ONSC 1030.   (2022, February 14). Musa vs. Carleton Condominium Corporation no. 255 et al.  https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1030/2022onsc1030.html?resultIndex=1 Green, M.D. (1997). Statutory compliance and tort liability: Examining the strongest case. University of Michigan Journal of Law Reform, 30(2-3), 461-510. Legislation.gov.uk. (n.d.). Occupiers’ liability act 1957.  https://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents Raz, J. (2010). Responsibility and the negligence standard. Oxford Journal of Legal Studies, 30(1), 1-18.  https://doi.org/10.1093/ojls/gqq002 Stavrova, E. (2020). Old and new in business ethics theory. Business Ethics and Leadership, 4(4), 132-139.  https://doi.org/10.21272/bel.4(4).132-139.2020https://otlablog.com/musa-v-carleton-condominium-corporation-no-255-et-al-2022-onsc-1030/?utm_source=rss&utm_medium=rss&utm_campaign=musa-v-carleton-condominium-corporation-no-255-et-al-2022-onsc-1030 CanLii.

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…...

Case Brief:

In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage Corp., an entity that held some stocks at Monitor Securities Corp, she desired to sell Monitor Securities Corp's securities for a significant profit. However, there was a problem. If done as it should have been done, taxation would occur at two levels, i.e. after the sale of Monitor Securities Corp's stocks and again during the distribution of sale profit, as dividend tax. There was a way around this. To minimize her tax obligation, Mrs. Gregory formed a new entity which then issued its shares to her after they were transferred from United Mortgage Corp to the said entity. Next, she dissolved the new company thus causing Monitor Securities Corp's securities to be accorded to her as liquidating dividend -- with the…...

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References

Elias, S. & Editors of NOLO. (2009). Legal Research: How to Find & Understanding the Law (15th ed.). Berkeley, California: NOLO.

Justia. (2013). Gregory v. Helvering, - 293 U.S. 465 (1935). Retrieved from  https://supreme.justia.com/cases/federal/us/293/465/case.html

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group of…...

Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…...

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References

Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site:  http://www.rgj.com/article/20070119/NEWS/70119007 .

Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.

Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site:  http://www.iii.org/media/hottopics/insurance/test1/ .

Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site:  http://www.interfire.org/features/legalview.asp?date=12142007 .

Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004

The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.

Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.

The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders and stake holders took…...

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Bibliography

Swire, Mary (2004) "New Australian Corporate Governance Regime Now in Force" Lowtax News Story 16 September 2004 [Online] available at  http://lowtax.net/asp/story/storyaus.asp ?

04-002 ASIC Focuses on Defective Debenture Prospectuses" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-002 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+on+defective

04-001 ASIC Protects over $456 Million in Shareholders Funds" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-001 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+protects+over+$465

Parliamentary Secretary issued to Treasurer (2004) Corporation Amendment Regulations 2004: Statutory Rules 2004. [Online] available at: www.asic.com

Intrenational Business
Governing Language

Governing Law and Forum Selection

Arbitration

Boilerplate Language in International Contracts

USA-Brazil Trade: ules of Trade

Other Important Agreement and Laws Governing U.S. and Brazilian Trade

Comparison of Arbitration in South Carolina and Brazil

Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases of business dispute.

However given the context of international…...

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References

Ahmadi, Maryam, and Leila Ahmadi. 'Intellectual Property Rights Of Nanobiotechnology In Trade Related Aspects Of Intellectual Property Rights Agreement (TRIPS)'. j bionanosci 6.1 (2012): 56-64. Web.

Bacc-ga.chambermaster.com,. 'News - Brazilian-American Chamber Of Commerce Of The Southeast (BACC-SE)'. N.p., 2015. Web. 3 Nov. 2015.

Bahmani-Oskooee, Mohsen, Hanafiah Harvey, and Scott W. Hegerty. 'Brazil -- "U.S. Commodity Trade And The J-Curve'. Applied Economics 46.1 (2013): 1-13. Web.

Berger, Klaus Peter. Private Dispute Resolution In International Business. The Hague: Kluwer Law International, 2006. Print.

ADA & Section 504
The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. egardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs to…...

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References

ADA. (2015). 2010 ADA regulations. ADA.gov. Retrieved 1 November 2015, from http://www.ada.gov/2010_regs.htm

A-Data. (2015). Peanut allergy at center of federal civil rights lawsuit for Michigan elementary student -- ADA National Network. Adata.org. Retrieved 1 November 2015, from https://adata.org/news/peanut-allergy-center-federal-civil-rights-lawsuit-michigan-elementary-student

Durheim, M. (2015). A parent's guide to Section 504 in public schools. GreatKids. Retrieved 1 November 2015, from  http://www.greatschools.org/gk/articles/section-504-2/ 

IDEA. (2015). IDEA - Building The Legacy of IDEA 2004. Idea.ed.gov. Retrieved 1 November 2015, from  http://idea.ed.gov/

Essay Topic Examples
1. The Evolution of hotographic Evidence: Historical erspectives and Modern Standards:
     This essay could trace the historical journey of photographs as evidence and discuss how their acceptance in courts has evolved. The role of technology, changes in the law, and landmark cases that have shaped current legal standards for the admissibility of photographs could be examined.

2. Authenticity and Integrity in hoto Evidence: Ensuring Reliability in Legal roceedings:
     This topic would explore the various legal tests and criteria used to determine the authenticity and integrity of photographs submitted as evidence in court. The discussion could include methods for establishing a chain of custody, techniques for detecting tampering, and the role of expert witnesses.

3. The Impact of Digital Technology on hotographic Evidence: Challenges and Solutions:
     This essay could investigate the unique challenges that digital photography presents to the law of evidence. Topics might include the ease of manipulation, issues of…...

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Primary Sources

United States v. Stearns, 550 F.2d 1167 (9th Cir. 1977).

Federal Rules of Evidence, Rule 1001. Definitions That Apply to This Article; Exclusions from Hearsay.

Leonard, David P. \"The New Wigmore: A Treatise on Evidence.\" (Expert Evidence), Aspen Publishers, 2020.

Minnesota v. Riff, 277 N.W.2d 267 (Minn. 1979).

Friedman, Richard D. \"The Elements of Evidence\" (3rd ed.), West Publishing, 2004.

I. Introduction
A. Importance of technology in the courtroom
B. Historical evolution of courtroom technology
C. Thesis statement: Courtroom technology has revolutionized the legal system, improving efficiency, accuracy, and access to justice.

II. Efficiency Enhancements
A. Electronic Case Management Systems (ECMS)
1. Paperless filing and storage
2. Streamlined docket management
3. Automated reminders and notifications
B. Real-Time Transcription and Recording
1. Instantaneous transcription of proceedings
2. Increased accuracy and completeness of records
3. Time-saving and efficiency gains
C. Audiovisual Aids
1. Multimedia presentations and demonstrations
2. Enlarged exhibits and documents
3. Enhanced understanding and engagement of jurors

III. Improved Accuracy
A. Digital....

1. The Roots of Embezzlement in North Carolina's Local Governments

Explore the systemic factors that contribute to embezzlement in local governments in North Carolina, such as weak internal controls, lack of oversight, and political corruption.
Examine the vulnerabilities of small, rural municipalities and the role of limited resources and staff capacity.
Discuss the impact of North Carolina's open government laws and public records policies on the detection and prosecution of embezzlement.

2. The Fraud Triangle: Causes and Consequences of Embezzlement in North Carolina

Apply the fraud triangle theory (pressure, opportunity, rationalization) to the context of embezzlement in local governments.
Analyze specific....

Key Components of a Detailed Outline for Conducting a Forensic Psychology Evaluation

I. Introduction
Purpose of evaluation
Legal context
Scope of evaluation

II. Data Collection and Review
Clinical interview
Psychological testing
Medical records review
Collateral information

III. Assessment
Psychological Functioning:
Diagnostic evaluation
Assessment of cognitive abilities
Exploration of personality traits
Evaluation of risk factors
Forensic Issues:
Competency to stand trial
Criminal responsibility
Mitigation
Treatment Considerations:
Psychotherapeutic needs
Psychopharmacological assessment

IV. Report Writing
Statement of qualifications
Summary of findings
Discussion of legal issues
Opinion and recommendations

Detailed Outline

I. Introduction
Purpose of Evaluation: Clearly state the specific legal or clinical purpose of the evaluation, such as competency....

1. The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. The EU has developed a complex legal system that has a significant impact on the legal landscape of its member states. This essay will explore the various ways in which EU law has shaped the legal landscape of member states, covering topics such as the supremacy of EU law, the direct effect of EU law, and the role of the European Court of Justice (ECJ) in interpreting and enforcing EU law.

2. One of the most fundamental principles of EU....