Facts of the Case According to Oyez Project at Chicago-Kent College of Law, John Kelly, acting on behalf of New York residents receiving financial assistance either under the federally-assisted program for Families with Dependent Children or under New York State's home relief program, challenged the constitutionality of procedures for notice and termination of such aid. Although originally offering no official notice or opportunity for hearings to those whose aid was scheduled for termination, the State of New York implemented a hearing procedure after commencement of Kelly's litigation. The Question: Does a state's termination of public aid, without affording the beneficiary a hearing prior to termination, violate notions of procedural due
process as set out in the Fourteenth Amendment's Due Process Clause? The Court’s Decision The Supreme Court ruled that the Due Process Clause gives welfare recipients an opportunity to present evidence and arguments to an impartial decision maker before their welfare benefits are terminated. The Due Process Clause of the Fourteenth Amendment therefore requires that some pre-termination hearing must be held, but it need not be a full judicial trial. Brennan concluded that constitutional safeguards require notice and the opportunity to appear personally or through an attorney, to present evidence, cross-examine witnesses, and make arguments. The Dissent Justice Hugo Black wrote in dissent that there were nine million welfare recipients in the United States, at least some of whom are not truly eligible for assistance. “…[T]he Court today holds that it would violate the Due Process Clause of the Fourteenth Amendment to stop paying those people weekly or monthly allowances unless the government first affords them a full 'evidentiary hearing' even though welfare officials are persuaded that the recipients are not rightfully entitled to receive a penny under the law.… I do not believe there is any provision in our Constitution that should thus paralyze the government's efforts to protect itself against making payments to people who are not entitled to them.”
Gary Dougherty was paroled from Northeast Correctional Complex on 11/15/2017. Mr. Dougherty has a Tennessee Sentence of Attempted First Degree Murder and is currently under minimum supervision level. Mr. Dougherty was paroled to Steps Halfway House. On 04/16/18, Case Manager Ron Stephens advised me that Mr. Dougherty was discharged from Steps for several rule violations. Mr. Stephens advised that since Mr. Dougherty had been at Steps he has failed three drug screens, offered drugs to another resident, ask residents for clean urine, brought a prostitute in the house, and threatened a resident.
The court will likely hold that Andrew Keegan’s (“Mr. Keegan”) actions were a product of a law enforcement officer in influencing his conduct therefore establishing an entrapment defense.
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
Robert Duffley, a high school senior at Trinity High School, had withdrawn from his sophomore year early in the first semester after falling ill. Anticipating problems with his eligibility to participate in high-school sports during his senior year under certain NHIAA rules, Duffley’s principal sought a ruling from the NHIAA granting such eligibility. The NHIAA decided to allow Duffley to participate only during the first semester of his senior year. No reason was given for denying Duffley eligibility for the second semester. After unsuccessful appeals to the NHIAA executive council, Duffley filed a petition in the Superior Court, seeking equitable and injunctive relief. Duffley alleged "violation of his due process rights” and that the defendant had acted “arbitrarily and capriciously” in arriving at its decision, which was “unreasonable and unlawful."
On September 12, 2014, Denise Rockett filed a complaint against Eugene Nigro, Esq. Nigro was reportedly negligent when handling legal matters in her late husband’s estate. Specifically, the complainant alleges that Denise, as Executrix of her late husband’s estate, was intentionally excluded from major decisions, not properly compensated, and deprived of control over their properties. Nigro allegedly breached his fiduciary obligation and violated Mass.R.Prof.C. 1.4(b), 1.7(b), and 8.4(c).
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
On the morning of January 8th 1962, the Supreme Court received mail from prisoner 003826 of Florida State Prison, also known as Clarence Earl Gideon. In the envelope contained a hand written letter with questionable grammar from Gideon claiming that he was denied a fair trial due to the absence of a lawyer. Gideon’s writ of certiorari was an in forma pauperis petition or pauper’s petition. Due to the fact that most paupers’ petitions are from inmates who do not have the legal means to properly file a certiorari, the Court had special methods of handling cases such as Gideon’s. Paupers’ petitions according to Justice Frankfurter were “almost unintelligible and certainly do not present a clear statement of issues necessary for our understanding”(Lewis 35). It is reasonable to assume that the Court would not spend an exorbitant amount of time going through mounds of paupers’ petitions trying to find a case that seemed presentable. Statistically, about thirteen percent of petitions for certiorari on the regular docket are paupers’ petitions. In addition, only three percent of paupers’ petitions end up being granted. Nevertheless, Gideon’s case was treated just as equally as any other in forma pauperis case. Gideon’s handwritten documents were held for a month until Florida authorities replied to petition. A month passed by and Gideon’s petition was mailed to the office of Chief Justice Earl Warren in 1962. A conference was held in June to discuss whether or not Gideon’s petition should be granted. Gideon’s case was granted three days after the conference and from that day forward Gideon’s fight for justice would ensue. In the eyes of Gideon, an attorney was a fundamental right of due process. However, his biggest ch...
Simones, A. (1995). Lecture on FCC v. Pacifica Foundation. October 27, 1995. Constitutional Law, Southwest Missouri State University.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Bennett, A., & Brower, A. (2001). ’THAT’S NOT WHAT FERPA SAYS!’: THE TENTH CIRCUIT COURT GIVES DANGEROUS BREADTH TO FERPA IN ITS CONFUSING AND CONTRADICTORY FALVO V. OWASSO INDEPENDENT SCHOOL DISTRICT DECISION. Brigham Young University Education & Law Journal, 2, 327.
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
INTRODUCTION/ASSIGNMENT:Denise Morgan has requested that our office represent her in a family court matter addressing the modification of a child support order. The supervising attorney asked that I review the facts of the case and the legal authority provided to determine strengths and weaknesses of Ms. Morgan’s case and if the Motion to Vacate requested by Mr. Morgan will be granted by the court, applying only the law provided, not to include any outside research.
In August of 2001 Robert Ray Courtney was arrested in Kansas City, Missouri and charged with diluting drugs used to treat cancer patients. Courtney’s actions not only violated criminal and civil laws but they shattered the ethical code and the oath he took as a licensed pharmacist. His actions left many people wondering why anyone would commit such a horrible act, let alone a trusted pharmacist who was providing medication to patients whose very lives depended on him doing his job.
In the case of Michael Buckley, it seemed to be a difficult situation to remedy; however, it would seem that clearly Buckley had experienced a situation of exposure. The exposure was evident, Mr. Buckley’s body covered in a substance known to cause illness and death, e.g., Cancer (Montgomery, 1998) . Nevertheless, Buckley did not seek any help in understanding his situation therefor, he did not show signs of a traumatic experience. Buckley would later file suit under the direction of federal employer liability act (FELA) (Montgomery, 1998; Twomey, Jennings, & Anderson, 2011). The lawsuit was based primarily on the belief that Mr. Buckley had indeed encountered a traumatic episode that rendered Buckley emotionally distressed. However, according to the readings, Buckley did experience and exposure to a harmful substance, e.g. asbestos it would be difficult under the terms of the law to prove he experienced a traumatic event being that Buckley refuses any assistance from the psychiatrist or medical personnel determine his State of mind at that time. Still under the law as it's reviewed by the second court Buckley had only to express concern as stated in the court preceding e.g., Metro – North Transit Inspector General, Supervisor,
2. What steps did Jack Moore (the CIO for Heartland Healthcare System) bypass with his oversight of the IT project? Jack Moore's action in advancing Heartland's IT department was very careless and lacked cautions. Jack negligence and Richard Smith (CEO) failure to get involved has genuinely put Heartland Healthcare system in a potential financial dilemma. Let begin with all the step that Jack chose to ignore. Healthcare IT is rapidly advancing, and no one person is capable of mastering all the area of Information technology. Jack failures to engage others is what causes heartland to experience such financial losses and put the organization tech department behind the eight ball. Jack also has decided not to involve current staff member of Heartland