of 1997, Charles Thomas Sell, a dentist working in St. Louis, Missouri, was accused of multiple forms of medical fraud. He and his employees altered dental records and x-rays of their patients and submitted them to insurance companies, seeking payment for procedures they never performed to fix problems that never existed. Sell was deemed competent to stand trial and was charged with 56 counts of mail fraud, six counts of medicaid fraud, and one count of money laundering. Sell, as Justice Breyer noted
done and greater stronger laws would be enacted and the brady law would not stand on its own. According to a study by the Center to Prevent Handgun Violence the percentage of recovered crime guns that were traced to dealers in for in the four Brady states was greater for guns purchased before the Act took effect when compared to guns
police, handcuffed, and taken to jail. His crime -- defying President Franklin Roosevelt's order that American citizens of Japanese descent report to internment camps This action violated Korematsu’s basic constitutional rights. The fourth amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly
U.S. v. Lopez 514 U.S. 549 (1995), Vote of 5 to 4, Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act, making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez, Jr. was a senior at Edison High School in San Antonio, Texas. Acting on an anonymous tip
under the Fourth Amendment. Questions 1. Under the Fourth Amendment, did Mr. Heim have a right to privacy in his emails? 2. Should the court grant Mr. Heim’s motion to suppress his emails? Introduction Applying the standard proposed in Katz v. United States,1 the court must grant the Defendant’s motion to suppress the evidence obtained from his emails. By neither publicly disclosing his emails nor the password used to restrict access to them, the Defendant demonstrated a reasonable expectation of
The Microsoft Antitrust Case Is the Most Signifi cant Monopoly Case since the Breakup of AT&T in the Early 1980s. The Charges In May 1998 the U.S. Justice Department (under President Clinton), 19 individual states, and the District of Columbia (hereafter, “the government”) filed antitrust charges against Microsoft under the Sherman Antitrust Act. Microsoft had violated Section 2 of the act over a series of illegal actions planned to keep its “Windows” monopoly. The government also charged that some
“How can i get back at the american who made this movie?” so, he then decides to burn an American flag. Now about some flag burning laws all around the world. In Australia it is perfectly legal to burn a flag. Theres even a group in australia that sells flag burning kits (Flag burning debate)! Now lets mosey on to the complete other side of the spectrum. In Germany flag burning is highly illegal. It is punishable up to one years in prison. Hong Kong shares laws related to Germany’s because they belie
The Japanese attacked the United State Military base on Pearl Harbor December 7, 1941, with that aggressive act of war the United States officially declared war and joined with Allied Forces for combat in World War II. Due to nationwide hysteria and fear of other attacks on American soil the president felt compelled to act, he made a decision to take precautionary measures of immediate national Security. On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066, (Korematsu)
In Texas v. Johnson (1989), Gregory Johnson burned an American flag as part of a political protest, and was convicted of a law that prohibited the desecration of a venerated object. The Court ruled in favor of Johnson, iterating that “if there is a bedrock principle
competitive techniques. For many this decision was not a remedy as Microsoft was allowed to made sure that it complied with the settlement, and Microsoft is charging to much for licensing fees for middleware to seamlessly interact with windows. The State of Massachusetts and many other companies are still trying to further prosecute and push for harsher action (“Antitrust Li... ... middle of paper ... ... 2004. <http://www.nyu.edu/classes/jackson/social.issues/.> Krim, Jonathan “Judges
Polygraph Elephants cannot swim. How can you tell if I'm telling the truth? You can tell by testing me with a polygraph machine. Since civilization began, people have wanted a way to tell fact from fiction. In the middle ages, Europeans used torture because they thought that if you stress and hurt the body enough, it would cause a person who was lying to tell the truth. What this method has in common with today's lie detector, or polygraph, is that there is an involuntary physical response from a
Because the field of Business Law is so great, this paper will examine a single aspect of Business Law, that of antitrust action. Specifically, as it is applied to Microsoft, antitrust litigation is raising eyebrows in both the legal and business worlds. There is a hue and cry that antitrust laws as they exist today have outlived their usefulness when applied to cyber commodities and artificial intelligence. This paper will present those opposing viewpoints and attempt to answer the question:
S. Supreme Court case of U.S. v Lopez (1995), a twelfth grade boy, Alfonzo Lopez, brought a loaded .38 caliber firearm to his local Texas high school. After being reported to the front office, Lopez was questioned about the gun and openly admitted that the firearm was in his possession. Texas then convicted Alfonzo of a criminal statute, which prohibited the carrying of a gun on school grounds. However, the charges were dropped rather quickly when the United States Government charged Lopez with violating
On December 8, 1941, the United States declared war on Japan after the bombing of Pearl Harbor which set off a series of chain reactions. President Franklin D. Roosevelt was concerned about Japanese spies hiding in the United states and his solution was to establish Executive Order 9066 which authorized military commanders to define “military areas” and to exclude anyone from those areas. Korematsu v. the United States was a result of Executive Order 9066 which relocated over 120,000 persons of Japanese
¬Overview and Definition Reasonable expectation of privacy is an element of privacy law that determines which places and which activities a person has a legal right to privacy (What is the Reasonable Expectation of Privacy, 2017). Another definition of reasonable expectation of privacy is the “lawful right to not be disturbed”. Conversely, third party doctrine depends on voluntary divulgence of information to another individual or party. In doing so, the individual willingly gives
A Clockwork Orange is Not Obscene Anthony Burgess' A Clockwork Orange describes a horrific world in an apathetic society has allowed its youth to run wild. The novel describes the senseless violence perpetrated by teens, who rape women and terrorize the elderly. The second part of the novel describes how the protagonist, Alex, is "cured" by being drugged and then forced to watch movies of atrocities. The novel warns against both senseless violence and senseless goodness - of the danger of not
or success of the military or naval forces of the United States or to promote the success of its enemies [or] willfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall willfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States.” Schenck was the General Secretary of the United States Socialist Party. The party opposed the military
anything new, legislative wise, besides altering interpretations of previous court opinions on matters, such as the issues pertaining to the Railway Labor Act, nor did the act break the barriers of regulating what is not interstate commerce; making Wickard v Filburn so revolutionary, the regulation of what isn’t interstate commerce. Cushman believes that the Wagner act was not revolutionary, because the act itself was nothing special, besides being similar to the Railway labor act, years before, and allowing
When the word monopoly is spoken most immediately think of the board game made by Parker Brothers in which each player attempts to purchase all of the property and utilities that are available on the board and drive other players into bankruptcy. Clearly the association between the board game and the definition of the term are literal. The term monopoly is defined as "exclusive control of a commodity or service in a particular market, or a control that makes possible the manipulation of prices" (Dictionary
When these large companies have too much power, they are able to completely run the market based on their own agendas. Should smaller companies still exist, the larger firms are able to lower prices and absorb the loss from it where the other company would inevitably fail to compete with the low prices of the firm. Firms like Carnegie Steel and Standard Oil rightfully took advantage of the US free market at the time, but once word of their predatory practices became publically known, these companies