Equal Employment Opportunity Commission, Petitioner V....

Equal Employment Opportunity Commission, Petitioner V....
Gyuhwan Park
February 11, 2016
Professor. Jonathan Martin
Legal Environment of Business
Brief Summary
Case Name: Equal Employment Opportunity Commission, Petitioner v. Abercrombie & Fitch
Stores, Inc., No. 14–86 (2015)
Factual History: Ms. Samantha Elauf is a woman who is a practicing Muslim applied for a job at
Abercrombie & Fitch Co., which is a national chain of clothing stores. Elauf was interviewed by the
store's assistant manager Heather Cooke, and her interview so went well that it appeared to Elauf
that she was going to get the job. Heather Cooke, the store manager who interviewed Samantha
liked her and recommended that she be hired. Cooke gave Elauf a rating, which qualified her to be
hired, however, she was concerned that her headscarf would conflict with Abercrombie's employee
dress policy. The headscarf that she wore according to her religious obligations conflicted with the
store's "look policy". Cooke turned to Randall Johnson, the district manager, and informed Johnson
that she believed Elauf wore her headscarf because of her faith. She wanted to determine whether or
not the headscarf was in violation of this policy. Randall Johnson informed Cooke that Elauf's
wearing headscarf would violate the "look policy", and therefore that Elauf should not be hired. As a
result, Elauf didn't get hired by Abercrombie & Fitch Co.
Procedural History: The EEOC (Equal Employment Opportunity Commission) sued Abercrombie
on the behalf of Elauf, claiming that Abercrombie's
... Get more on HelpWriting.net ...

Ruling Court Decision
Two federal courts, the United States Tax Court and the United States Court of Appeals, reached
opposing conclusions regarding a decision classifying a Mr. John Menard's 1998 compensation as
purely salary or as combination salary and disguised dividend. For clarification, a "disguised
dividend" is compensation given to a CEO, controlling shareholder, or president of a closely held
corporation that is determined in excess of a reasonable salary for work completed.
Ruling Court Decision
The compensation received by Mr. Menard, the CEO and controlling shareholder of Menard, Inc.,
was not unreasonable for his position and therefore did not include a tax evasive disguised dividend.
This opinion agrees with the decision made by the United States Court of Appeals.
The argument presented by the Tax Court did not consider factors brought to attention by the Court
of Appeals. Most notably, the Tax Court did not consider all forms of compensation to the CEO
when determining a formula for comparability. This is problematic as the comparability formula
used to determine a reasonable compensation for Mr. Menard to receive and was the basis of the Tax
Court's argument against Mr. Menard.
Both courts made their decisions based on two main arguements:
Compensation Comparability Formula
Bonus versus dividend
Decision Overview
United States Tax Court Decision In 2004, the United States Tax Court released a memo regarding
their decision that the compensation of Mr. John Menard in

The Legal Validity Of The Federal Government
Betty Blackacre is in contract with Donald Developer to sell a tract of land to him for the
development of an industrial park. Several distinct issues have arisen concerning an EPA regulation,
the Virginia fee structure for waste facilities, and the jurisdiction of the suit brought in NY by
Donald Developer. We turn to question the legal validity of the EPA order, the constitutionality of
the waste disposal fee structure under the commerce clause, and the grounds for which Betty's
motion to dismiss the case for lack of jurisdiction stand. Betty does not believe that the federal
government should be able to tell her what she can and cannot do with her property. Since the
property has been identified as a major migratory route for at least one endangered bird species, the
EPA has the authority to regulate the use of her land under the Endangered Species Act (ESA).
Under the order, if Donald were to use the land as intended, it would significantly alter the property
and the surrounding area. Such alteration of the property can be defined under section 10 of the
ESA, where "taking also includes significant habitat modification or degradation that actually kills
or injures an endangered species by impairing its breeding, feeding or ability to find shelter"
(Yarrow, 2009). The EPA has long overstepped its grounds, so much that there is not much hope for
reversal. Additionally, for Betty Blackacre, there are certain provisions in the ESA that state that
there need be no

McCann v Wal-Mart Inc. Essays
McCann v. Wal–Mart Stores, Inc.
Louisiana Eastern District Court
210 F.3d 51 (1st Cir. 2000)
Fact:
Debra McCann and two of her children (Jillian, and Jonathan) were shopping in Bangor, Maine
Wal–Mart on December 11th, 1996. After about an hour and a half, the McCann's paid for their
purchases and proceeded to leave the store. On the way out two Wal–Mart employees (Jean Taylor
and Karla Hughes) blocked their path to the exit and stood in front of the McCann's' shopping cart.
Note Taylor may have actually put her hand on the cart. The employees told McCann that her child
had previously stolen from the store and was not allowed in the store. Defendant's employees told
McCann they were calling the police. Defendant did not actually ... Show more content on
Helpwriting.net ...
McCann was rewarded $20,000 in compensatory damages by the jury.
2. No. United States Court of Appeals For the First Circuit rejected Wal–Mart's appeal claiming that
the plaintiff (McCann) did not prove false imprisonment under Maine law and that the court's jury
instructions on false imprisonment were a mistake.
3. No. United States Court of Appeals for the First Circuits rejected Wal–Mart's second appeal
stating the district court should have charged that "actual, physical restraint". Basically wanting a
description of what was not confinement.
4. Yes. United States Court of Appeals for the First Circuit accepted McCann's cross–appeal. The
defendant (Huges) denied McCann's son (Jonathan) the bathroom. Wal–Mart's policy say's to ask
prior shoplifters to leave the store and not to rather detain them. The action of Hughes's pointing her
finger at Jonathan accusing him of stealing was not considered reckless or negligent but
"outrageous". Jonathan was awarded $10,000 and $5,000 awarded to his mother and sister each.
Reason:
The Maine District Court focused on McCann's claim that they were falsely imprisoned in the Wal–
Mart store by Wal–Mart employees. The court looked at elements of the tort of false imprisonment
under Maine law. The defendant referenced to the police is enough to say reasonable people would
believe either that they would be restrained physically if they wanted to leave. The definition of
false imprisonment can be

Doe Vs. Unocal Corporation
Doe v. Unocal Corporation case is well–known and complicated, however, this long lasting series of
trials gave an opportunity to small individuals be on a par with large corporation in terms of the
Alien Tort Claims Act (ATCA) and other International laws. The ATCA was founded in 1789 and
allows foreign citizens to bring civil lawsuits in the US courts for damages caused by violations of
the law of nations and treaty of the United States. Recently, it has been largely used to bring legal
actions against companies working in other countries, for example, in cases of environmental threats
(Globalpolicy.org, 2016). If these claims are allowed to proceed ATCA can rightly be considered, as
a powerful tool for increasing corporate responsibility. ... Show more content on Helpwriting.net ...
After this actions, the case proceeded on two tracks: the plaintiffs appealed the dismissal of the
international human rights claims under the ATCA to the United States Court of Appeals and the
plaintiff re–filed their state–law claims in California state court. This time the case against Unocal
went to trial because the plaintiffs had presented evidence that Unocal was responsible for human
rights violations and Judge Chaney discovered a data that would permit a jury to find that Unocal's
joint venture employed the military to guarantee a security (Earthrights.org, 2016). And that Unocal
is therefore liable for the military's human rights abuses, and breached California constitutional and
statutory law in its

Coca Cola Co : Case Analysis
Rebecca Doss
Dylan McLemore
MC 401
24 November 2014
POM Wonderful LLC v. Coca–Cola Co. (2014)
Supreme Court of the United States
Issue: POM Wonderful, producer and distributor of pomegranate juices, filed suit against the Coca–
Cola Company regarding a juice product labeled "pomegranate–blueberry" sold through its Minute
Maid line. The phrase "flavored blend of five juices" appears in small print below the
"pomegranate–blueberry" label, and the juice product 's actual composition was 99% apple and
grape juices. POM, under the Lanham Act, claimed that the name, label, advertising, and marketing
of the Coca–Cola product was misleading to customers and caused POM to lose revenue. (POM
Wonderful LLC v. the Coca–Cola Company). The case was originally heard by the U.S. District
Court for the Central District of California, which ruled that the name and label claims for the
product were protected under the Food, Drug, and Cosmetic Act and subject o regulation only by the
FDA. The court acted out of concern that the claim filed under the Lanham act would subvert the
FDA 's exclusive right to file claims for violations of the FDCA. The Ninth Circuit Court of Appeals
upheld the court 's decision that the claim was precluded by the FDCA and granted summary
judgment to Coca–Cola (POM). The Supreme Court granted certiorari to the question of whether a
Lanham Act claim by a private party may challenge a product label subject to regulation by the
FDCA (Opinion of the Court). Rule:

13 Appellate Courts
There are many different levels of our federal court system, each of them are appointed a different
case category. Above all other courts we have the Supreme Court, the United States Constitution
created this. The Constitution also gives Congress the ability to create and pass laws to construct a
network of lower courts.
Directly underneath the Supreme Court we have the Courts of Appeals, which consist of 13
appellate courts. 94 federal judicial districts are divided into 12 regional circuits, each circuit having
their own Court of Appeals. The 13th appellate court is in the Federal Circuit, which has a national
authority to hear particular cases such as patent laws, and cases determined by the United States
Courts of International Trade and

Theu.s V. Lopez, The United States Supreme Court
I. INTRODUCTION
In 1975, the United State Supreme Court held that state law could provide students a property
interest in their education, but forty years have passed and courts remain uncertain of when such an
interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections
to a group of high school students in Ohio. The Court determined that Ohio state law provided the
high school students a property interest in their continued enrollment at the school, and that such an
interest was protected under the due process clause. The Goss decision came during a time when a
due process revolution was happening in the United States. During this revolution, the Supreme
Court recognized many new property interests in government benefits as the basis for due process
claims. Since Goss, many students have brought due process claims against their schools, but lower
courts have struggled to answer the question of when a student's interest in education rises to the
level of a property interest under Goss. Lower courts have adopted one of three approaches to
determine whether a student has a property interest in education. Under the first approach, the state–
specific approach, courts analyze state law to determine whether state law provides students a
property interest. Under the second approach, the standalone approach, courts rely on Goss as a
basis to provide all students a standalone property interest in education. Under the final

Bellagio Case Summary
In the case of Bellagio v. National Labor Relations Board, The United States Court of Appeals was
asked to rule on whether a ruling made by the NLRB was appropriate. The case concerned a
bellman at the Bellagio Hotel who solicited a tip from a customer, which was against company
policy. The customer complained to management, and the bellman was summoned to a meeting
regarding the complaint. When asked about the complaint, the bellman requested a union
representative; however, he declined to contact one by his own effort. The Bellagio tried to find a
union rep, but was unable to locate one at that time, so they informed the Bellman that he could fill
out a statement without a rep, or the meeting would be postponed and he would be put on
"suspension pending investigation" until the matter was cleared up. It was clearly indicated that the
SPI was not disciplinary and the SPI would not stay in his employee file, but that he could not work
until the investigation was completed. As he ... Show more content on Helpwriting.net ...
Asking the employee not to speak of a disciplinary matter while it is investigated does not seem to
me to be coercion. The employee might have had ulterior motives for not leaving the premises.
While the court suggested that this is coercion, I would say that it is common sense. Since the
bellman gave no statement, the Bellagio does not know if he is trying to influence a potential
witness or simply vent to a fellow employee. There is also the potential of a customer overhearing
his complaint, and that would be unprofessional. Overall, I think the hotel handled the complaint
and discipline issue in a professional manner, while the employee tried to abuse the system. A minor
infraction, which should have been handled quickly and easily, became a case that wasted time,
money, and valuable court docket

Assignment 5 Sample
Business Law & Bankruptcy
Assignment #5
When Josh was asked, during a bankruptcy proceeding, whether he had ever been sued, he
responded that he had not. In fact, he had once been sued for intentional infliction of emotional
distress. That suit had been settled many years earlier and had no financial impact on Josh today.
Josh's debts were discharged in bankruptcy. Creditors want the discharge revoked because of Josh's
lie.
Should a discharge be revoked because of a lie made in court by the debtor that had no impact on
the case?
In Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234 (7 Cir. 2009) Brett J. Kitson and his wife,
Courtney, had filed a joint bankruptcy petition in Bankruptcy Court for the Central District of
Illinois. ... Show more content on Helpwriting.net ...
Mr. Alleman argued that Mr. Kitson failed to retain business records for Kitson Enterprises, a
corporation of which Mr. Kitson was the sole shareholder and §727(a)(3) of the Bankruptcy Code
prohibits discharge when the debtor has "concealed, destroyed, mutilated, falsified, or failed to keep
or preserve" records"from which the debtor's financial condition or business transactions might be
ascertained...".The bankruptcy court found that these records were not material to Mr. Kitson's
financial condition because the corporation's tax returns showed that the business made no profit,
the bankruptcy court had determined that Kitson Enterprises had no assets, and Mr. Kitson had
earned no money from the corporation. The Court of Appeals, therefore, agreed that the bankruptcy
court was correct to conclude that the records were immaterial and discharge was not barred under
§727(a)(3).
Mr. Alleman also submitted that the bankruptcy court should not have granted Mr. Kitson a
discharge because he had made a number of misstatements and omissions on the bankruptcy
statement and schedules, and §727(a)(4) forbids discharge where the debtor "knowingly and
fraudulently . . . made a false oath or account." The bankruptcy court found that Mr. Kitson's
bankruptcy filing did contain several misstatements and omissions, but concluded that they did not
run evoke §727(a)(4) because none of them were material to the bankruptcy

Analysis Of Jan Hughes, Plaintiff Appellant V, Boston...
Name of the Case and Citation: Jan Hughes, Plaintiff–Appellant v, Boston Scientific corporation,
Defendant–Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21,
2011) Facts: Boston Scientific was the producer and seller of HydroThermAblator ("HTA"), a
medical device marketed for treating menorrhagia, or excess uterine bleeding. The working of this
device was by closed cycle circulation of hot saline solution at 194° F into and then flushing it from
the uterus so that the lining of the uterus can collapse and release. In 2001, the Food and Drug
Administration ("FDA") approved HTA for entry into the market under its rigid premarketing
approval ("PMA") process. As HDA was classified under Class III medical device as per MDA, it
received the highest level of FDA oversight. Dr. Weber was Hughes treating physician and on
October 25, 2006 performed an ablation procedure on her with the use of HTA device. While
conducting this procedure, hot liquid leaked from HTA device and caused a three–inch burn on
Hughes's outer perineal body and an area of similar size inside the vaginal introitus. These burns
were characterized as second degree burns. Hughes visited Dr. Weber every other day for two
weeks, and later once a week for six to eight weeks for treatment. A complaint was filed against
Boston Scientific on March 26, 2008 by Hughes to solicit recovery for injuries allegedly caused by
HTA device. The complaint was under the Circuit Court of Jones

Essay on Memorandum of Law and Letter Sample
Memorandum of Law
To: Al Smith, Senior Partner
From: Research Associate
RE: State and Federal Court System for California: Bob v. Al, Kathy, Dan
Date: January 3rd, 2012
Questions Presented
I. Overview of the State and Federal Courts in California.
II. Which California court or courts hold jurisdiction for the amount in controversy in the three
lawsuits that Bob wants to file?
III. Why should Bob file his lawsuits in a particular court or courts?
IV. Which case Bob must represent himself?
Statement of Facts
Our client Bob resides in Los Angeles, California and has asked for our advice in three separate
cases in which he has loaned people money.
In the first case, Bob loaned $500 to Al. Al signed ... Show more content on Helpwriting.net ...
If Bob feels comfortable after he does the first case he should have no problem proceeding on his
own in the second case in small claims court.
Discussion I. The State of California Supreme Court gains authority and jurisdiction through the
Constitution of California, Article 6 Section 1. The authority of dividing the state into division
creating the Court of Appeals jurisdictions is giving to the legislature through the Constitution of
California, Article 6, Section 3. The legislature has set up six districts for the Court of Appeals based
on geography. Within the jurisdiction of the Court of Appeals are the Superior Courts of California.
The Superior Courts have been created by the authority of the Constitution of California, Article 6,
Section 4. The authority of the Supreme Court is given via the 14th Amendment of the United States
Constitution and is subdivided into the different circuits and districts by authority of the United
States Code Title 28, Part 1. In this Code are the needed statutes giving power and jurisdiction to the

various federal courts. The court of appeals are comprised of thirteen separate judicial circuits as
stated in United States Code Title 28, Part 1, Chapter 3, § 41. This same statute covers the area of
California, placing California into the Ninth Circuit

Essay on Case Study
IN THE UNITED STATES COURT OF APPEALS FOR THE
TENTH CIRCUIT
Case No. 81–1505
Transamerica Oil Corporation, Plaintiff–Appellee,
v.
Lynes, Inc. and Baker International Corporation, Defendants–Appellants.
723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076
–––––––––––––––––––––––––––––––––––––––––––––––––
December 21, 1983
PROCEDURAL POSTURE
Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages
resulting from the breach of an express warranty by the defendant. A jury in the United States
District Court for the District of Kansas found in favor of the plaintiff. The defendant appealed the
decision.
SUMMARY OF KEY FACTS
1. Plaintiff filed suit in the United ... Show more content on Helpwriting.net ...
However, actions pursuant to the UCC § 84–3–725 for breach of any contract for sale must be
commenced within four years. If the court of applies common law the plaintiffs' claim is barred. If
the court applies the UCC the plaintiffs' claim is timely. The defendant's case–in–point relied on
Miller v. Williams. This case, however, applied to rental of equipment rather than the sale of
equipment. Since this case involves the sale of goods, §§ 84–2–102, 84–2–105, and 84–2–106 of the
UCC apply in addition to the four–year statues of limitations.
2. Plaintiff filed suit against the defendant for breach of an express warranty under Kansas law.
K.S.A. § 84–2–313 states any affirmation of fact or promise made by the seller to the buyer which
relates to the goods and becomes part of the basis of the bargain creates an express warranty that the
goods shall conform to the affirmation or promise. However, the defendant claims the advertising
and oral conversations with the plaintiff were merely opinions of the seller therefore no express
warranty was created. Defendant used Topeka Mill & Elevator Co. v. Triplett as case–in–point.
Plaintiff objected using Boehm v. Fox to illustrate that the statement made by Mr. Spencer, district

manager, assuring him that the devises were applicable for permanent use was sufficient in creating
an express warranty. Moreover, the plaintiff used Scheuler v. Aamco Transmission to convey, under
Kansas law, that

United States Court Systems
United States Court Systems
This report is designed to give an overview of both the United States Court system and the Michigan
State Court system. It will discuss each system individually and explain each court and general
knowledge about that court. It will explore the similarities and differences between the 2 court
systems and what the requirements are to determine in which court system cases should be heard.
The Federal Courts The Federal Court system is comprised of 3 different tiers, the United States
Supreme Court, the United States Court of Appeals and the United States District Courts. The
United States District Courts are the trial courts of the Federal Court system. All cases heard in the
Federal Court system begin ... Show more content on Helpwriting.net ...
The Judges are elected to 6 year terms with the Chief Justice appointed by the Michigan Supreme
Court to a 2 year term. There are 57 circuit court districts in Michigan, with one State of Michigan
Circuit Court in each district. The circuit court handles all civil cases with claims of more than
$25,000 and all felony criminal cases in which jail time exceeds 1 year. In each district there are also
numerous limited jurisdiction courts such as Michigan District Courts which handles traffic matters,
criminal cases in which the punishment is less than a year in jail, and civil cases for between $3000
and $25,000 in damages is sought. Michigan Small Claims Courts in which civil cases of $3,000 or
less are heard. Michigan Probate Courts which handle wills, estates and guardianships cases and
also has divisions for Michigan Family Court which handle cases such as paternity, adoption,
personal protection orders, delinquency, divorce and Michigan Friend of Court which hears
parenting time, custody, and child support issues. The Michigan Court of Claims hears lawsuits for
more than $1,000 against the State of Michigan. In conclusion, the State of Michigan is similar to
the United States Court system in that both have a 3 tiered system, but the State of Michigan seem
much more divided in the trial court tier. Michigan has divided the circuit court jurisdiction into
many different limited jurisdiction courts specializing in certain

Pre Motion Requirements Adequate Failure
Respondents have satisfied Md. Rule 2–402(b)'s pre–motion requirements sufficient to justify their
initial failure to disclose electronically stored information. Specifically, promptly after receipt of
50NL's subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: "[Avpro]
objects to the Subpoena to the extent it calls for information or documents that are not known or
reasonably available to the Witness or whose collection and review unreasonably burdens the
Witness, a non–party. . . . [Avpro] objects to producing any documentation that is not contained
within its business records. [Avpro] objects to producing text messages." "[Avpro] objects to the
Subpoena as unduly burdensome to the extent that [50NL ... Show more content on Helpwriting.net
...
Md. Rule 2–402(b)(2). The merits of Respondents' contentions are addressed in Parts I (B), infra.
Nevertheless, the plethora of notice that 50NL has received regarding the grounds for Respondents'
objection is more than sufficient so as to permit this Court to reach the questions as to whether the
requested discovery is unduly burdensome or costly, and whether 50NL's need outweighs the burden
and cost. II. The Discovery Requested by 50NL is Unduly Burdensome and Costly, and 50NL's
Need Does Not Outweigh Avpro's Burden and Cost. The relevant inquiry in this matter is whether
the discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has
shown that its "need for the discovery outweighs the burden and cost of locating, retrieving, and
producing the information." Md. Rule 2–402(b)(2) (emphasis added). Notably, the plain and
unambiguous text of this rule indicates that upon a prima facie showing of undue burden or cost,
50NL must affirmatively show that its need for the discovery outweighs Avpro's burden and cost

Mr. Powers Of The Constitution Essay
Mr. Powers was arrested and charged based on two pieces of evidence that were discovered by
police during a warrantless search of his tent and toolbox. The issue at hand is whether this search
and the subsequent seizure of the items in question violated the constitutional rights afforded to Mr.
Powers by the Fourth Amendment, thus providing adequate legal grounds for a court to suppress the
items pursuant to the exclusionary rule of evidence. Mapp v. Ohio, 367 U.S. 643 (1961). A court
would likely find that Mr. Powers had a reasonable expectation of privacy in both his tent and his
toolbox, and thus that the wire cutters and spool of copper wire are inadmissible due to the fact that
they were discovered in violation of the Constitution. The Fourth Amendment states that "[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 describing the place to be searched, and the persons or
things to be seized." U.S. Const. amend. IV. The purpose of this guarantee is to prevent the
government from unjustly laying claim to any information, items, or persons captured from such an
intrusion. There are two key elements to a Fourth Amendment analysis. First, a party claiming
protection under the Fourth Amendment must demonstrate that there was in fact an "unreasonable"
search and/or seizure.

Essay on Bus 520 Assignment 1
Consensual Relationship Agreements
By: Vickie Gonzalez
Bus 520 – Leadership and Organizational Behavior
Professor: Dr. Marilyn Carroll
October 24th, 2012
Workplace romances are now one of the challenges that organizations of all sizes have to address.
How they address them varies from organization to organization. Some businesses and organizations
strictly prohibit them in any form or fashion, while others prohibit them when the participants are in
certain roles within the organization. Some companies have chosen not to address the issue at all and
others are using a more formal method of documenting and mitigating the risk they feel these
relationships pose. One of the methods of documenting, and potentially mitigating, this ... Show
more content on Helpwriting.net ...
The years following World War II were a time of challenge, adaptation and diversification for
business, and revolution and exploration for women.
Harassment, specifically sexual harassment, is one of those challenges faced by businesses and
employers as of a result of workplace diversification. Inappropriate conversations, unwanted
advances and uncomfortable physical contact are some of the ways sexual harassment can occur.
According to Hellriegel and Slocum, "Sexual harassment refers to unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature." (p.52). To be
clear, sexual harassment can, and has, affected both women and men over the years however up to
half of all working women have reported experiencing some form of sexual harassment in the career
(Vijayasiri, 2008, p.1). It wasn't until 1986 though that the Supreme Court recognized sexual
harassment as a violation of Title VII in the case of Meritor Savings Bank v. Vinson (O'Brien, 1994,
p. 1). Before the high court's ruling, however, the Equal Employment Opportunity Commission had
begun to address the issue by drafting hostile work environment guidelines that included sexual
harassment (O'Brien, 1994, p. 4). These guidelines would serve later to guide the high court's
decision. There are many more cases like this one we could look at. In 1991, sexual harassment
became a household term as Anita Hill testified before congress stating she was sexually

Sosa V. Humberto Alvarez-Machain
Jose Francisco Sosa V. Humberto Alvarez–Machain,
United States Supreme Court, June 29th 2004
Facts: Humberto Alvarez–Machain participated in the torture and murder of a U.S. Drug
Enforcement Administration officer. Although a federal district court issued a warrant for his
address, they were unable to extradite him from Mexico and instead hired Mexican nationals to
kidnap him and bring him to the U.S. Humberto Alvarez–Machain subsequently argued that he was
kidnapped forcibly, against his will, to the United States. The United States Supreme Court was
asked for an opinion.
Issue 1: Under the Alien Tort Statute, are individuals allowed to bring a civil suit against non–
citizens for crimes conducted and committed in violation of the law of

Haywood versus Drown Essay
Why did you choose this civil liability issue? Why did it interest you? In Haywood v. Drown (2008),
an inmate (Haywood) is suing a correctional officer (Drown). This civil liability issue is one that is
reasonably recent in the field of corrections. Throughout my career thus far, I have been employed
as a corrections officer and have heard inmates threatening to sue the department and individual
officers. I have also seen countless letters go out to individuals asking for help getting a lawyer for
cases against the department and officers, yet I have never seen any suits come through. I
acknowledge that often inmates are often blowing steam, but I am curious as to what happens when
and if they get council and a suit does arise.
I am ... Show more content on Helpwriting.net ...
Trace the history or evolution of this liability through the court. In other words, discuss the relevant
cases related to the liability issue and discuss precedent rulings and the current status of the issue.
HAYWOOD v. DROWN (No. 07–10374)
9 N. Y. 3d 481, 881 N. E. 2d 180
(2009)
Prior Procedural History
Haywood brought his case to the Court of Claims. The Supreme Court of New York dismissed
Haywood's complaints; the Appellate Division and Court of Appeals affirmed. Following this,
Haywood appealed to the Supreme Court of the United States and was granted certiorari.
Facts of the Case
The corrections officers at the Attica Correctional Facility charged Haywood with three misbehavior
reports and found guilty of all three. Haywood believed that for two of those three charges, the
correctional officer (Drown) had not given him (Haywood) a fair and impartial hearing and that
Drown's determination was based on insufficient evidence, and that Drown had intended to violate
Haywood's First Amendment rights. Haywood demanded punitive damages and attorney's fees; he
also demanded that the New York State Department of Correctional Services remove the
misbehavior report from his record; Haywood was relying on 42 U.S.C. § 1983. Haywood also
claimed that corrections officers cause a minor injury to his pinkie finger and that they conspired to
fabricate facts in the misbehavior reports. Haywood also claimed that corrections officers tampered
with his urinalysis test which

Freedom Of The Person Under The Protection Of Habeas Corpus
Thomas Jefferson once said, "Freedom of the person under the protection of habeas corpus. I deem
one of the essential principles of our government." In our democratic society, the writ of habeas
corpus is part of the due process law. When habeas corpus, arose in England, Catholics were
imprisoned unlawfully by King Charles II. This method of challenging the legality of one's
imprisonment is part of our constitutional rights. Many critics of habeas corpus argue that prisoners
take advantage of this method of appeal. In this paper, I will demonstrate that in fact a petition of
habeas corpus is actually very difficult process because the court has imposed many restrictions and
limitations. The system does not always guarantee that justice ... Show more content on
Helpwriting.net ...
Instead of stressing habeas corpus ability to expand constitutional rights and check unlawful
convictions, it has focused on postconviction problems under the AEDPA (Federman, 158). When
discussing the issue of federal–state relations, critics argue that the writ gives federal courts more
power (Federman, 24). When in fact it is written in the Constitution, that the federal court has
jurisdiction over cases and should hear cases if they violate constitutional rights. Therefore states are
subject to have their rulings overturned and individuals have the right to have other courts hear their
case if they feel that due process is being violated. Habeas corpus thus falls directly into jurisdiction
of federal courts. However, since the passing of AEDPA, the federal court has been asked to respect
the ruling of state's court when considering writs (Moore, 1). Critics do not consider that the process
itself is in fact unlikely that the court will issue a writ. The accused individual will first ask a federal
district court to issue a writ of habeas corpus. The petitioner will file their petition which is a form
they fill out so that their confinement can be reviewed. The standing needed to file a writ is that the
prisoner feels they are being held unlawfully and that one of their constitutional rights have been
violated. Even after filing a

Gregory B. Clark Case Study
Title and Citation
Gregory B. CLARK, a minor By and Through his next best friend, guardian ad litem and natural
guardian, Douglas H. CLARK, Jr., et al., Plaintiffs–Appellants, v. ARIZONA INTERSCHOLASTIC
ASSOCIATION, an Arizona corporation, et al., Defendants–Appellees, (1982) 695 F.2d ( ninth Cir.)
Facts
The case between the Gregory B. CLARK, a minor By and Through his next best friend, guardian
ad litem and natural guardian, Douglas H. CLARK, Jr., et al., Plaintiffs–Appellants, v. ARIZONA
INTERSCHOLASTIC ASSOCIATION, an Arizona corporation, et al., Defendants–Appellees focus
on Appellants that are students at Arizona High Schools where they have demonstrated their skills in
volleyball by participating in the national championship teams sponsored ... Show more content on
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Was the previous decision that was made was fair?
Decision
The case was affirmed by the rulings of the United States Court of Appeals, Ninth Circuit.
Reasoning
In the court case, Gregory B. CLARK, a minor By and Through his next best friend, guardian ad
litem and natural guardian, Douglas H. CLARK, Jr., et al., Plaintiffs–Appellants, v. ARIZONA
INTERSCHOLASTIC ASSOCIATION, an Arizona corporation, et al., Defendants–Appellees
argued that boys should not play on girls interscholastic volleyball teams in Arizona. They also
argued that girls have to use a certain net while playing volleyball well as the boys do not. The
United States court disagreed and said there is no question as to whether boys are potentially better
volleyball players than girls.
Another case felt that they reached the same result is Mularadelis v. Haldane Central School Board,
74 A.D.2d 248, 255–57, 427 N.Y.S.2d 458, 463–64 (N.Y.App.Div.1980). This case helped the
Appellate Division of the Supreme Court in New York to hold overall that the athletes opportunities
for males were equal. They felt that the equal protection clause was not violated by the exclusion of
boys being on any particular

Essay On The Disability Rights Movement
The disability rights movement was credited to all the people who have worked for years organizing
and attending protests, licking envelopes, sending out alerts, drafting legislation, speaking,
testifying, negotiating, lobbying, filing lawsuits, getting arrested – they believed in doing whatever
they could for a cause . In 1973, there was a shift in the disability, public policy (Section 504 of the
1973 Rehabilitation Act). Section 504 was amended to a civil rights statute that prohibits
discrimination against individuals with disabilities. Title II of the Americans with Disabilities Act of
1990 (Title II), which extends this prohibition against discrimination to the full range of state and
local government services, programs, and activities (including public schools) regardless of whether
they receive any Federal financial assistance . The Americans with Disabilities Act Amendments Act
of 2008 (Amendments Act), effective January 1, 2009, amended the Americans with Disabilities Act
of 1990 (ADA) that affects the meaning of "disability" in Section 504. Although, Congress
introduced the American with Disability Act (ADA) in 1988; however it was not until July 26, 1990,
when it began. In 2008, ADAAmendments Act (ADAAA) was ... Show more content on
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Each group was seen separately, with different needs. ADAAmendments Act (ADAAA) definition
of "Person with a Disability" contain a three–prong structure, (a) a person who has a physical or
mental impairment that substantially limits one or more major life activities of such individual; (b) a
person who has a history or record of such an impairment; or (c) a person who is perceived by
others as having such an impairment . The ADAAmendments Act (ADAAA) of 2008 redefined the
terms "major life activities" and "being regarded as having such an impairment." ADA also makes it
unlawful to discriminate against a person based on that person's association with a person with a

Lack Of Discipline For Prosecutorial Consecutors
I. Introduction Prosecutorial misconduct is something that rarely gets brought to the light. Mainly
because prosecutors seldom get punished for their misconduct. Prosecutors are held to a higher
moral standard than the average person because of their knowledge of the law. However, some
prosecutors use this as an excuse to cut corners and think that he or she is untouchable. The job of a
prosecutor is to find justice, but some prosecutors just want to get a conviction every time. Some
prosecutors are willing to do whatever it takes to do so, even if it means breaking the rules.
II. Lack of Discipline for Prosecutors Believe it or not, prosecutorial misconduct is not new, it has
been going on for decades. Carmen Marino was a prosecutor in the Cuyahoga County District
Attorney's Office in Ohio for thirty years; he made many convictions over his career and even got an
award named after him. That was until most of those convictions got overturned because of his
misconduct. For example, failing to disclose key pieces of evidence to defendants before trial,
allowing prosecution witnesses to lie on the stand, and delivering improper closing statements. The
Center for Public Integrity reported that five of Marino's convictions had been overturned by
reviewing courts. One of the most well–known cases of Marino's was a case involving someone
named Joseph D'Ambrosio who was convicted of murder in 1989 and sentenced to death.
D'Amborsio filed a writ of habeas corpus based

Hughes Properties, Inc.: Court Case Study
The taxpayer and Appellant in this court case is Hughes Properties, Inc., owner of Harolds Club
which is a gambling casino located in Reno, Nevada. In this case, the United States (Appellant) is
challenging the judgment of the United States Claims Court that Hughes Properties, Inc. should be
awarded a refund of $433,441.88 in federal income taxes plus assessed interest for the fiscal years
ending June 30 in 1973–75 and 1977. The relevant facts that were presented in this case are that
Hughes Properties, Inc. an accrual based accounting corporation, runs several "progressive" slot
machines which, like regular slot machines, pay fixed amounts of money when a certain
combination of symbols appear. However, progressive machines also pay a progressive

Dunlap V. Tennessee Valley Authority Essay
Dunlap v. Tennessee Valley Authority
Joyce Harrison
Business Employment Law
May 11, 2011
1. What were the legal issues in this case? The U.S. Court of Appeals for the Sixth Circuit was to
determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee
Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally
discriminating against him under both disparate impact and disparate treatment analyses and
whether the TVA appeal to the District Court erred in each of these analyses could be legally
supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII,
alleging racial discrimination by the TVA. ... Show more content on Helpwriting.net ...
3. Explain why the plaintiff's disparate treatment claim succeeded.
The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated
some people less favorably than others because of their race, color, religion, sex, or national origin.
Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima
facie case of racial discrimination; (2) the employer must articulate some legitimate,
nondiscriminatory reason for its actions, and (3) the plaintiff must prove that the stated reason was
in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact
of differences in treatment. Proof may also be inferred from the falsity of the employer's explanation
for the treatment, (Walsh, 2010).
Mr. Dunlap successfully established a prima facie case of disparate treatment by meeting the above
3 provisions; (1) he was African–American; (2) he was qualified for the position sought; and (3)
white applicants with less experience were hired for 9 of the 10 open jobs. TVA attempted to rebut
his claim by offering the selection matrix used during his interview as evidence to prove that he
didn't rank as one of the top 10 applicants due to his interview scores. However, Mr. Dunlap was
able to refute TVA's claim by demonstrating that his matrix score was manipulated to keep him out
of top 10, thus proving it was merely a

Lewis F. Carter
The first case I have chosen involves a breach of contract between Anthony Leness and
Eventmonitor inc. Anthony claims Eventmonitor breached his employment contract when they
stopped paying him his salary for one year upon termination. Eventmonitor monitor claims that
Anthony breached the contract when he didn't return items embodying propitiatory information
upon his termination (site case). The second case I have chosen involves United States of America
alleging Lewis F. Carter owes back taxes. Lewis claims that the government lacks an enforcement
clause to collect taxes. In this paper I will discuss how each of these cases move their way through
the appropriate court system as well as the differences in the process. The first case involving ...
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Carter owes back taxes. This case takes place in the United States District Court for the Eastern
District of Virginia. In most cases involving taxes a specialized U.S. Tax Court would here this case
(book). In this particular case because actions are by the United States of America U.S. district
courts also have jurisdiction. U.S. District Courts have original jurisdiction unless concurrent
jurisdiction exists (book). The United States argues that Lewis F. Carter owes $309,718.95 in back
taxes. Lewis refutes this by saying the Sixteenth Amendment lacks an enforcement clause found in
other constitutional amendments. The court grants the summary judgment in favor of the United
States of America. They reference United States v. Bartrug as a precedent that ruled collection of
income taxes applied by the IRS is legal and constitutional. If Mr. Carter appeals the decision it
would end up in the U.S. Court of Appeals 4th circuit. In most cases this court's decision is binding
on all courts with the circuit court's jurisdiction. In order for the case to make it to the United States
Supreme Court Mr. Carter would have to request the court to issue a writ of certiorari. In order for
the court to issue this at least four of the nine justices would have to approve it. The United States
Supreme Courts have original jurisdiction when a suits between two or more states or cases
involving ambassadors and other public

Family And Medical Leave Act: A Case Study
The Family and Medical Leave Act (FMLA) implemented in August 1993 grants job–protected
leave to any employee satisfying the eligibility criteria (Cannonier, 2014). The FMLA defines a
"serious health condition" as an illness, injury, impairment, or physical or mental condition that
involves–(A) inpatient care in a hospital, hospice, or residential medical care facility; or (B)
continuing treatment by a health care provider (Lavin & DiMichele, 2014). The FMLA provided
benefits only to eligible employees. Under the FMLA, an eligible employee is one who satisfied the
following criteria: (1) has been employed by a covered employer (2) has worked for the employer
for at least 12 months; (3) has worked at least 1,250 hours over the previous 12 months; ... Show
more content on Helpwriting.net ...
In the case of Crouch v. Whirlpool Corp., Crouch began working as an hourly employee for
Whirlpool on or about May 8, 2000. As a Whirlpool employee, Crouch was obligated to comply
with the Shop Rules, including Shop Rule #1, which provides that the fabrication of personnel or
any other Company records is a desecration of the Shop Rules. Crouch assumed that violation of
Shop Rule #1 was just cause for termination. To be eligible for disability leave, an employee's
doctor must confirm that the employee is totally disabled and unable to work. Whirlpool employees
are eligible for paid disability leave after ninety days of employment. In 2002, Crouch was approved
to take four to five days per month of intermittent FMLA leave due to chronic pain in his right

Benefits Of School Uniforms
When someone mentions school uniforms, the first image that comes to mind is students from a
private religious school but that image will soon change. Many public school have been adopting
school uniforms over the years because of all the benefits that come with them. Schools should
require students to wear school uniforms because they increase students safety, reduce bullying and
peer pressure, save parents money, and most importantly they keep students focused on their
education and improve performance in the classroom. Safety is the number one concern for any
teacher, principal, or administrator. A school is supposed to be a safe zone for students that do not
feel safe in other places but, as most people agree, the schools are not so safe after all. Just in these
past few years, America had many school shootings and some of these shooting could have been
prevented if the intruders were easy to spot. Requiring all the students to wear the same outfit makes
someone wearing average clothes extremely easy to spot because they are not wearing what the
other people in the building are wearing. Spotting these intruders earlier could prevent the incident
or make it easy for administrators to start their evacuation or lockdown plan which could save the
lives of the students. School uniforms can also help with confrontations and the overall behavior of
students, for example, The first public school that adopted school uniforms has reported a "51
percent drop in physical fights, a

Analysis Of Jan Hughes, Plaintiff Appellant, V. Boston...
CASE BRIEF Name of the Case and Citation Jan Hughes, Plaintiff–Appellant, v. Boston Scientific
corporation, Defendant–Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit
(January 21, 2011) . Facts Boston scientific manufactured and sold HydroThermAblator (HTA), a
medical device intended to treat menorrhagia or excess bleeding of uterine. The mechanism of
action of the device involves the circulation of hot saline solution (194° f) into uterus through a
closed cycle, the solution is then washed out from the uterus, causing the uterus lining to cast off
and eject out. The HTA was classified as a class III medical device, and was subject to the highest
level of the Food and Drug Administration (FDA) supervision. In 2001, FDA approved HTA under
stringent premarket approval (PMA) process. (Hughes, 2011) On October 25, 2006, Dr. Weber
conducted an ablation process on Jan Hughes using the HTA. During the process, the hot liquid
from the device leaked out and burnt three–inch by two–inch of Hughes's outer perineal body area
and the inside of vaginal introitus. (Hughes, 2011) On March 26, 2008, Hughes filed an initial
grievance against Boston Scientific in the district court of Mississippi, seeking recovery of injuries
allegedly caused by the HTA medical device. A summary judgment was awarded to Boston
Scientific on the court's conclusion that all claims made by Hughes are preempted under the Medical
Device Amendments of 1976, 21 U.S.C. § 301 et seq. On

Federal Vs State Judges Essay
Judges are the referees of the legal system. Judges preside over the court to insure the law is applied
correctly and to make sure the legal process flows smoothly. Most judges have to research legal
issues, listen to and read arguments by opposing parties, determine whether or not the information
provided supports the charges, claims, or disputes, apply laws, regulations, or precedents to reach
judgments, conclusions, or agreements, and write decisions or instructions to the jury regarding the
claim, case, or dispute. Judges may also impose sentencing in criminal cases and award relief to the
victorious parties in civil cases (What is a Judge, n.d.). Judges must make sure both sides follow the
rules of the court. They must apply the law without regard to which side is favored, without regard
to what what popular ... Show more content on Helpwriting.net ...
I think that both Federal and State Judges have difficult jobs to do. Federal Courts hear fewer cases
than state courts, but the cases that federal judges hear tend to have national implications. Most
federal decisions are made by the Supreme Court because the cases they hear involve protecting the
federal rights of everyone in the country. State court judges have statistical more cases on their
docket at any given time, and involve more contact with the general public (Federal vs. State Courts,
n.d.). I believe that Federal Justices have it just a little bit more difficult because of the subject
matter of the cases they hear, due to the sheer amount of people effected by their decisions. There
were many people that felt that the Supreme Court was overreaching in Obergefell v. Hodges, 576
U.S. ___, saying we were not an oligarchy and that the Supreme Court cannot make laws. There is
and will be a lot of scrutiny of those justices. Same with the Hobby Lobby case, or Citizens United.
State Justices just as hard as a job though, balancing the thousands of cases that end up on their
dockets. The sheer case load alone, can cause a great deal of

The Law Principle Of Sovereign Immunity
In this paper, I will research how Alabama, has recognized the old English version of the common–
law principle of sovereign immunity that the state cannot be sued without its consent and that since
the state can act only through its officers and agents a suit against a state officer is in effect one
against the sovereign state.
This rule had its origin in the ancient common law, predicated on the principle that the king, being
the fountainhead of justice, could not be sued in his own courts. The doctrine of sovereign immunity
over powers the Constitution of United States and gives governmental agencies strong autonomy
and the thinking they bars suits.
The legal definition of sovereign immunity The Black's Law Dictionary ... Show more content on
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Uncertainty around the historical development of the doctrine of sovereign immunity, there is
evidence that the petition of right to immunity was adopted during the reign of Edward I, whereas
prior to the reign of Edward I, the king could be subject to suit in his own courts. According to
scholars, King Edwards return to his farther Holly land and ordered that everyone that had a
complaint or request to meet with him personally.
To ensure these meeting was held properly, the King required the petitions to be completed and
screened by a special commission. The special commission reviewed all petitions that were
presented for certain factual inquiries and determined whether there was a "right"; if he concluded
that there was he endorsed the petition that right be done. Those petitions which rested on a claim of
right were tried as to the facts by a commission or a department and, if necessary, finally sent to the
Exchequer, the Chancery, or the King 's Bench for ultimate disposition under the law. (suits taffe).
During the 19th century, scholars realized the petition process that the king out in place did not
work. Scholars had little evidence to understand how kings enforced tort laws against them and their
officers. As one author states "What might be called the great disappointment in the development of
the petition of right was

The Doctrine Of Equivalents : A Legal Rule
Project Report
Topic
"Doctrine of Equivalents"
Submitted By–
Arjit Benjamin
Roll No. –07
LL.B 3 yrs
6th Semester
Submitted to–
Mr. Mayank Kapila
Amity Law School, Noida
Introduction
The doctrine of equivalents is a legal rule in most of the world 's patent systems that allows a court
to hold a party liable for patent infringement even though the infringing device or process does not
fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
At the very outset, before discussing the doctrine of equivalents, it is necessary to understand the
backdrop of the legal framework surrounding patent infringements across different jurisdictions. It is
prudent to note that the patent laws of all countries specify certain minimum conditions, which need
to be fulfilled, prior to the grant of the patent by the concerned authority. As far as India is
concerned, the law governing issue of patents and claims as regards their infringement is the Patents
Act, 1970.
Since the doctrine of equivalents is primarily concerned with infringement, the author deems it
necessary to discuss the nuances surrounding infringement in some detail at this juncture. Along
with the application for patents, a written description of the invention is provided to the authority
concerned. Along with the specification, under Section 10, the applicant should also provide the
patent office with one or more claims that distinctly describe an invention.

Illegal Off Label Promotion Is Personal Choice Of Actions
CLAIM THREE
Illegal off–label promotion is personal choice of actions.
Thinking about the responsibility for illegal off–label promotion, question of the chain of command
pops out. Who initiates that type of campaigns and actions? Sometimes it's company's established
strategy; sometimes it's sales force's desire to reach the quota. What happens when company's ideas
confront with common sense and legal responsibilities of the employees? Do they really have a
choice?
Lynn A. Morrison was medical sales representative at pharmaceutical company B. Braun for almost
10 years when suddenly she was fired on April 2, 2007. Morrison was promoting pain control
medication in Michigan's hospitals. In her decade practice she repeatedly was prompted by the
company to promote off–labeled usage of the products. She reported several times to her supervisor
that she wouldn't follow their lead and get involved into unlawful marketing campaigns. The first
time she acknowledged her discomfort with off–label promotion to her supervisor in January 2000.
Later on, in November 2000 she got a warning for her objections on the training by the regional
manager. In the next six years, Morrison occasionally faced the off–label promotion motivations but
wasn't overwhelmed by them. Until the situation in the early 2006 when Morrison refused to adjust
the pricing for one of the clients and reported situation to Compliance Department. After that
incident, Morrison got few complaints from the customers about

Case Case Study : Rite Aid Corporation V. Ellen R. Levy Gray
Mariah Alvarado–Gonzales (Group 10)
Bus 80
5 November 2014
Case Brief
Case Name: Rite Aid Corporation v. Ellen R. Levy–Gray, 162 Md. App. 673, 876 A.2d 115, 2005
Md. App. LEXIS 64 (2005)
Facts: On October 25, 2000, the plaintiff, Ellen Levy–Gray visited the head of Infectious Diseases at
Mercy Medical Center, Dr. Ronald Geckler, who diagnosed her with Lyme disease. In response to
this, he then gave her a prescription for doxycycline. Because Ms. Levy–Gray was concurrently
breastfeeding her baby son, Dr. Geckler ordered her to discontinue breastfeeding until the end of her
treatment, but did not provide her with any further instructions on how to take the medication. The
prescription that Ms. Levy–Gray obtained through the defendant, Rite Aid, came packaged with a
patient package insert entitled "Rite Advice." The pamphlet enclosed instructions on how to take the
drugs including its suggestion to consume food or milk with the daily dose if an upset stomach
occurs. The "How to take this medication" section of the pamphlet explicitly stated, "Take with food
or milk if stomach upset occurs unless your doctor directs you otherwise." On October 26, 2000,
Ms. Levy–Gray consumed her first dose of the prescription solely with water. The following day,
she began to consume milk with the drug because she experienced an upset stomach. She continued
to digest large quantities of dairy products including eight to ten glasses of milk daily in order to
maintain her breast milk so that she

Case Analysis : ' Gawley ' V. Indiana University
Citation: Janice M. Gawley v. Indiana University, 276 F.3d 301 (7th Cir. 2001)
Facts: Gawley was a police officer who worked for Indiana University for several years. She sued
the college because she noted sexual harassment by a higher–ranking officer than she was. She also
sued because she felt she was part of a hostile work environment and that officers in her department
retaliated against her for filing a complaint with the college. Her final argument was that there was
spoliation of evidence. The district court found in favor of the employer. The case did not go to trial
because the district court granted summary judgment. Summary judgment is used to avoid trials.
The decision was made based on two key decisions made by the Supreme Court in other cases and
that the university was able to establish an affirmative defense. The university "may assert an
affirmative defense that examines the reasonableness of the employer's and the target's conduct"
(Kaplin & Lee, 2014, p. 167). Gawley then appealed to the United State Court of Appeals, Seventh
Circuit. This case brief will outline the question, holding, reasoning, and significance of this case as
it was decided by the United States Court of Appeals, Seventh Circuit.
Question: Did the district court appropriately grant summary judgment for the employer by the in
regards to the four actions brought against Indiana University by the plaintiff Gawley? Did Indiana
University violate Title VII of the Civil Rights Act of

The Resource Conservation and Recovery Act
The citizen suite in regards to environmental acts, regulations and the Resource Conservation and
Recovery Act is an essential tool in regulating impacts on the environment, public health, and the
health of the wildlife. If used properly it can be an essential weapon for the public to keep
companies, organizations, individuals, and even federal agencies in check. Citizen suits should not
be taking lightly though, as it takes a great deal of time, research, and patience in trying to win a
citizen suit case. The Resource Conservation and Recovery Act provision 7002, 42 U.S.C Section
6972 states a civil action may be taken (B) against any person, including the United States and any
other governmental instrumentality or agency, to the extent ... Show more content on
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The provision 7002 section 42 U.S.C 6972 (b)(1)(A)(i–iii) states that there can be no action taken
prior to the 60 days after the notice of the violation has been given to the administrator, the stated in
which the alleged violation occurred, to any alleged violator in regards to such permit, regulation,
and standard. (42 U.S. Code 6972 – Citizen Suits) Under the same provision in (a) (1) (b) not action
can be taken prior to 90 days. (Strang, C. E.) In order to make sure that the citizen is not rejected,
the plaintiff should provide a detailed notice. The plaintiff should include a "diligent prosecution
bar" to make sure the citizen suit is not precluded by the government. "The first step is a comparison
of the facts and related violations alleged in a citizen's complaint with those alleged in the state's
complaint." (CITIZEN ENFORCEMENT OF ENVIRONMENTAL LAWS) The alleged violation
cannot be the same as the states or the EPA's or the citizen suit could be precluded. This goes back
to the notice requirement and the time frame given to both the alleged offender and the state and
EPA. The state and EPA during that time decides whether to a take action on the case or not. "The
second step, the diligent prosecution analysis, is triggered only with respect to matching facts and
violations. "Diligent prosecution" is only a bar to a citizen suit for the precise same claims that have
been "prosecuted," and

Federal False Claims Act Case Study
For years, a small portion of the annual budget has been going to companies who overcharge the
United States government. The Federal False Claims Act was enacted to help protect the
government from being swindled by these contractors for their goods and services. The act helps the
United States pursue litigation against those companies and people who commit these acts of fraud.
Accountants help play a large part in the litigation process by serving as an expert witness. They
also assist in providing evidence to show whether the company knowingly when overcharging the
government. The cases that arise from the Federal False Claims Act come from fraud allegations and
whistle–blower allegations. With any business deal or contracts there are often ... Show more
content on Helpwriting.net ...
Proof of intent to defraud is not required under the Federal False Claims Act and because of this the
court utilizes accountants to see if companies acted knowingly. Accountants help the court
understand things such as costs in the contract, measurement of costs, damages from fraud and
accounting concepts and rules in regards to the contract. An accountant's expertise in investigating
companies' business practices and their records is very valuable to litigation and claims in under the
Federal False Claims Act. Ultimately, the Federal False Claims Acts was enacted to serve as a
deterrent for overcharging and defrauding the United States government. This act will not stop all
contractors for attempting swindle the government. The hope is that fraud allegations will be
uncovered through various process such as audits. Another manner that acts of fraud can be brought
to light is through employees or former employees that serve as whistle–blowers. Once the
department of justice pursues litigation accountants can play an important role in court. Although it
cannot stop all acts of fraud, the Federal False Claims Act ultimately helps the government protects
itself from fraud and

Court Comparison Contrast Paper
CJA 224
Week 2 Learning Team B Assignment Court Comparison Contrast Paper
States and federal court system
State
The state court system is diverse and each state has its own judiciaries. The state has organized
systems of courts and special court groups. Inferior courts are the lowest level of state courts that
includes municipal, magistrate, police, and county, justice of the peace, and traffic courts, sometimes
informal with minor civil and criminal cases.
Superior court handles serious offenses known as state district court, circuit courts, and many others.
Superior courts are by counties, hear appeals from inferior courts, have jurisdiction on major civil
suits, serious crimes, and the nations jury trials occur. ... Show more content on Helpwriting.net ...
The next is the district courts, the United Stated courts of appeals, superior to one or more district
courts composed of 11 judicial courts established in 1891 by Congress throughout 50 states with six
to 27 judges in each. Courts of appeal have jurisdiction in cases involving challenges of orders of a
federal regulatory agency as Securities and Exchange Commission (Columbial Electonic
Encyclopedia, n.d).
The supreme court of the United States is the highest court of the federal system, mandated by the
Constitution since 1869 composed of a chief justice and eight associate justices located in
Washington, DC in hearing all final jurisdictions on cases. This court may review decisions from the
United States courts of appeal and also choose to hear appeals from the state appellate courts if a
federal constitutional issue is involved, possessing the original jurisdiction on limited cases
involving high–ranking diplomats from other nations or between two states.
Other federal judiciary have group of courts to handle limited types of disputes, including special
federal court of court of court of federal claims on monetary claims with Tax Courts and the United
States government. Special court judges do not serve for life. Courts–martial for cases in the
military are handled by the United States

Black Hills Indian History
The historic Black Hills ranges around hundred twenty miles long and close to fifty miles wide. This
geographical landmark resides in the southwestern portion of South Dakota and is considered sacred
to the Native American tribe known as the Lakotas. The Lakotas have fought for their rightful claim
to the Black Hills and are currently still fighting to do so. The legal struggle for the Black Hills land
claim began in the early 1920s under tribal lawyer Richard Case where he argued that the 1877 Act
of February was illegal and that the United States never made a legitimate purchase of the land.
However, In 1975, the U.S. Court of Claims made a shocking and powerful pronouncement about
the U.S. Government's taking of the Black Hills from the Lakotas. This action was "A more ripe and
rank case of dishonorable dealing will never, in all probability, be found in our history." This Court
decision caused many question to arise, ... Show more content on Helpwriting.net ...
This quote demonstrates how the Native American's decision to fight for their right for the Black
Hills proves how their cultural identity has transformed throughout their history and how they
continue to fight still today. In today's society, the Black Hills are known more for Mount Rushmore
than anything Native American related. The construction of Mount Rushmore agitated many
members of the American Indian Movement (AIM). Stating that "Mount Rushmore was not the
Shrine of Democracy; instead, it was the Hoax of Democracy" (Pg.168). This quote reveals how
although many Americans in today's society view Mount Rushmore as a symbol for America and
Democracy that many Natives view it as disgrace to their culture and people. This is because the
Natives continue to fight for their rightful claim to the Black Hills and will not stop until justice

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