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Essays about the case gibbons v ogden
The role of federalism in the united states
The role of federalism in the united states
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Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
United States v. Morrison was a supreme court case about violence against women. In 1944 while enrolled at Virginia polytechnic institute, Christy Brzonkala alleged that Antonio Morrison and James Crawford sexually assaulted her. Both male students were varsity football players. In 1995 Christy filed a complaint against Morrison and Crawford under Virginia Tech 's Sexual Assault Policy. After a hearing, Morrison was found guilty and Crawford was not.
Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.
Webster argued the Constitution was design to settle such economic disputes between states. Allowing concurrent laws to conflict would be dangerous and contagious if not handled by the federal government. Attorney Writ supported the federal supremacy over these states was enumerated in the Constitution. Gibbons’ steamboats operated “among several states” (US National Archives & Records Administration n.d.), and the Commerce Clause states, “ Congress shall have the power to regulate commerce with foreign nations, and among several States, and with Indian tribes” (US National Archives & Records Administration n.d.). Gibbons’ steamboats in fact operated in New Jersey and in New York; therefore it aptly applied in this situation.
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
INTRODUCTION: This case involves the suspect being arrested for PC 148(a)(1)-Resisting/Delaying a Peace Officer and CVC 12500(a)-Unlicensed Driver. LOCATION DESCRIPTION: This incident occurred on Waverly Drive east of Pasadena Avenue. EVIDENCE:
It is not a defense that the dog has never shown vicious behavior or bitten anyone in the past. In the case Supan V. Griffin, Griffin failed to provide evidence that the dog had ever bitten anyone in the past. However, the owner made a comment to his neighbor which “raised genuine issue of material fact as to owner’s knowledge of his dogs’ tendency to attack” and allowed the court to rule against the dog owner. This is similar to Roberts’ case in the fact that Chip has never bitten anyone, but, the owner knew of the dog’s propensity to chase down the football. Again, Robert’s knew of the dog’s inclination to celebrate and chase down the ball, even if it landed in the stands, and knew the possibility of injuring a patron.
Emily DePasquale PSC 312 Professor Parker 25th October 2017 United States vs. EC Knight Co. In the case of United States vs. EC Knight Co. (1895), the issue of commerce power came to rise. Commerce power at the time was determined by methods of broad interpretation, seeing as the Supreme Court didn’t rule any definitive decisions until later. As a result, conflicts of commerce existed between small instate businesses and larger interstate businesses holding monopolies over certain industries. As a result of these business monopolies and relating health issues, Congress created a commerce clause to help regulate existing issues.
Facts: In Moore v. British Columbia (2012), Jeffrey is a student suffered from severe dyslexia, which is a learning disabilities defined in difficulties in reading but it does not affect general inelegance. He was denied remedial help at the school but referred to a Diagnostic Centre, which was later closed due to financial issues. Jeffrey’s father transferred him to a private school and filed a complaint against the Province and the school district stating that his son was not allow to have an access to a service entitled to him under s.8 of the B.C. Human Rights Code. As such, the Province and District were found to have discriminated the student by the Tribunal. However, the Supreme Court of British Columbia overturned the decision of
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
A. O’Connor v. Donaldson 1975: In this precedent, the supreme court decided that the presence of mental illness alone is not enough to warrant involuntary confinement. If the patient is no longer found dangerous to him/herself or others, there is no justification to continue confinement. Commitment needs to be justified on the basis of mental disease and dangerousness. This precedent is applicable to the case of Mr. Y, because the statement above states dangerousness and mental illness as a basis for justifying continual commitment for Mr. Y. If the preponderance of evidence shows that Mr. Y is dangerous due to his mental disease, then deciding to civilly commit him would meet the requirement of this precedent case.
The Court’s decision, that the Maryland law was unconstitutional, was an important step in cementing the supremacy of the federal government over the state governments. Gibbons v. Ogden was a case which started when a ferryboat captain, Gibbons, was sued for operating a steamboat in New York waters without a New York license as described in a New York Law. Gibbons argued that because he had a federal license under the Federal Coasting Act, he was allowed to operate his steamboat in U.S. coastal waters, including those of New York. The Court ruled in favor of Gibbons and declared the New York law unconstitutional because it conflicted with federal law, upholding the law of the land clause of the
Thomas Jefferson disagrees with the idea that Congress could broadly interpret the clause’s powers, because he believes that when the majority of Congress does, it will enable them to do whatever they want to do. And Jefferson says, “…it (Congress) would be also a power to do whatever evil they please and this can never be permitted.” Congress has had the ability to “make all laws which shall be necessary and proper” through the Necessary and Proper Clause, establishing federal power, regulating future endeavors, this has led to speculation within our government. Even with the controversy of the Necessary and Proper Clause, many would say that this clause has helped with future endeavors, such as railroads and computers. However, we see that time and time again the powers of the state our over-powered by the federal government, as we saw in the McCulloch v. Maryland case.
The Commerce Clause in the Constitution of the United States grants Congress the power to regulate commerce with foreign Nations, among states and within the Indian Tribes. Congress has the authority to put limitation on the rights of the states to regulate commerce within their own borders. I feel we are currently in era in which there is an emphasis taxation instead of spending. With the economy as it is today, it seems that we are being heavily tax on items from groceries, gas, auto taxes, furniture and clothing. On the other hand taxing certain products such as tobacco works two fold.
R. v. MacDonald, 2014 SCC 3, [2014] 1 S.C.R. 37 Facts: In the court case R.v Macdonald, Sargent Boyd acted in response to a noise complaint, in Halifax towards the appellant Erin Lee Macdonald. Sgt. Boyd articulated Macdonald to open the door however he opened half-way. He detected Macdonald hiding an object behind his leg and asked him twice what it is however Macdonald didn’t answer.
