Schenck V. United States Court Case Analysis

Schenck V. United States Court Case Analysis
Twenty Thousand Flyers In this essay, I will analyze John Mill's argument on freedom of speech in
relation to Schenck v. United States court case. During the early 20th century, the U.S. government
decided to join World War I. Hence, they held a draft, by choosing random male citizens who were
in between the age of eighteen to forty–five to fight for the country. At this time, Charles T. Schenck
was the general secretary of the U.S. socialist party in Philadelphia in the early 20th century. He was
against the U.S. entry into World War I and its implementation of a military draft. Thus, he
distributed over twenty thousand flyers to U.S. citizens in objection against the draft process.
Therefore, the government arrested him for violating the Espionage Act. The congress created this
act in 1917 to prohibit any action ... Show more content on Helpwriting.net ...
government declared war against Germany. President Woodrow Wilson wanted to stop the
disloyalty of the immigrants, German natives, and people who opposed the government. Therefore,
after a couple of months, the congress passed the Espionage Act. This act forced the people to
support the government. After this act was ratified, speaking against the U.S. government during
WWI became illegal. The U.S. government declared the Espionage Act to increase people's
nationalism and to make them fully committed to the war. This act affected everyone living in the
U.S. More than two thousand people were arrested while the Espionage Act was in effect. Although,
most young men wanted to take a part in the war, others were living in fear. They were afraid to talk
against the government and the war in public. This act associated a sense of a dictatorship with the
government. The people of the U.S. were disunited to the point that some accused their neighbors of
being unpatriotic just because of their ethnicity. Based on this, the government arrested many
innocent Germans, and thus, only those who did not question the government, were able to
... Get more on HelpWriting.net ...

Case Analysis : Schenck V. United States
Shivani Patel Case Brief Schenck V. United States 1. Case Title: The title of the case is Schenck V.
United States; it took place in 1919. The plaintiff is the United States and the defendant is Charles
Schenck. 2. The law: This case involves the Espionage Act and the first amendment. United States
convicted Schenck on the basis of violating the Espionage Act, specifically Section 3, which states
when the United States is at war, people can not willingly cause or attempt to cause disloyalty and
refusal of duty in the military or naval forces of the United States. On the defendant side, Schenck
argued that his First Amendment right, specifically the freedom of speech provision, was being
violated. 3. The Facts of the Case: The Espionage Act was passed in 1917 as a result of the United
States ' involvement in World War I. In the name of national security, the American government
passed different statutes that restricted provisions of the First Amendment. During this time
Congress also passed the War Revenue Act, which increased income taxes to help fund the war. The
Selective Service Act of 1917 also made it mandatory for men ages 21 to 30 (18 to 45 by 1918) to
enlist in the war. In response to these laws and regulations, Schenck, a member of the Executive
Committee of the Socialist Party, mailed leaflets to draftees urging resistance of the draft. Schenck,
however did not actually get in the way of the military draft, although Justice Oliver Wendell
Holmes claims that he

Overcoming Adversity In The United States
There are many ways to fight adversity. Even though Fighting using force is another way to solve
the problem, the best way to overcome adversity is to give the problem time, and revisit it because
All attached parties need a few minutes to cool off, but then the way works. The way doesn't create
fights and it can save friendships, and this way to overcome adversity was used by the Japanese and
the people of the stanford prison experiment. In the Stanford Prison Experiment, a group of college
kids were offered money to help out a psychiatric professor with an experiment. The experiment
was to see how college kids who were being held in captivity (Zambrano 1) The guards were not
given teaching, so they had to figure everything out for themselves. The guards had a slight limit to
what they could do physically, but besides that, they had complete freedom to use whatever means
necessary. Guards often held "Counts", where the guards would wake up the prisoners, and make
them read aloud their assigned prison identification. The reason for these ... Show more content on
Helpwriting.net ...
The Independence Hall Association in Philadelphia states, "On the whole, however, life in the
relocation centers was not easy. The camps were often too cold in the winter and too hot in the
summer. The food was mass produced army–style grub. And the interns knew that if they tried to
flee, armed sentries who stood watch around the clock, would shoot them. FRED KOREMATSU
decided to test the government relocation action in the courts. He found little sympathy there. In
KOREMATSU VS. THE UNITED STATES, the Supreme Court justified the executive order as a
wartime necessity (Japanese internment 1). One man, by the name of Fred Korematsu spoke out, but
was shut down because of it. Later, when the war was over, The japanese revisited their problem,
and told congress they wanted repercussions for the travesties that have been

Substantially Likely Factor Essay
The Substantially Likely Factor
The government has failed to demonstrate that the forced medication of Mr. Whitman against his
will, is substantially likely to render him competent to stand trial. To protect the liberty interests of
defendants who are initially too ill to stand trial, the Supreme Court implemented the four–pronged
Sell Test. Per the holding of Sell, in order to physically subdue and forcibly medicate a sick
defendant who has not consented to treatment, the government must demonstrate by presenting clear
and convincing evidence, that such treatment is substantially likely to make the sick defendant well
enough to stand trial. See Sell v. United States, 539 U.S. 166, 180, 123 S. Ct.(2003). The
government must demonstrate that ... Show more content on Helpwriting.net ...
The court held that the expert medical witness testimony regarding the Herbel Study, his own
experiences as a physician, and the medical record of the defendant did not provide enough evidence
to justify the forced medication of the defendant even though all three concerned patients with
delusional disorders. Watson, 793 F.3d at 428. The court found that the fourteen year–old Herbel
study was inherently flawed due to its design and did not justify the forced medication of the
defendant because the information provided about its subjects was neither similar enough nor
specific enough to the situation of the defendant at hand. Id. at 426. Similarly, the court faulted the
government's reliance on the personal experiences of the witness because the information provided
regarding his patients was not specific enough to the defendant's situation. In particular, the
testimony did not indicate that the previously treated patients had delusions that were "meaningfully
similar in nature and persistence" to those of the defendants. The medical record of the defendant
was also inadequate because although it reported that he had previously been given the, it only
indicated that he had been treated and released. Id. at

The Microsoft Monopoly Essay
The Microsoft Monopoly
I. Introduction
United States vs. Microsoft is one the largest, most controversial antitrust lawsuits in American
history. Many claim the government is wrongly punishing Microsoft for being innovative and
successful, arguing that Windows dominates the market because of the product's popularity, not
because of malpractice by the parent company. Others argue in favor of the government, claiming
that Microsoft's practices conflict with the free market ideal. There are many arguments for both
sides of the lawsuit, but what the case really comes down to is this: does the government have the
right to interfere in today's marketplace? Or is Microsoft violating laws that are rightfully imposed
by the government? ... Show more content on Helpwriting.net ...
Throughout the 1980's, it became the pre–eminent operating systems of personal computers, until
another operating system, DR–DOS, was released by a company called Digital Research. Critics
claim that this operating system never had a chance at gaining a fair share of the market because
Microsoft deliberately slowed DR–DOS's sales by announcing a better version of MS–DOS was on
its way (Newman).
Windows, a program that was created in 1983, but did not change the market significantly until
1990, has grown to control 94.1% of the operating system market (Newman). This has required
other companies in the software industry to make all of their applications Windows compatible.
Critics claim that Microsoft systematically eliminated all competition of other operating systems and
software manufacturers. Microsoft also controls a large part of the software industry. According to
sales from April 2002, Microsoft sold 89% of office software to consumers (Washington Post).
Microsoft bundles these applications with the Windows operating system, which is, according to
them, an effective technique. Critics assert that this forces other makers of office software, like
Corel, to lose business, because consumers will not buy another application if one is already pre–
installed. Critics point to the proposed 1995 merger between Microsoft and Inuit which ultimately
failed. Inuit is the maker of the best–selling money management

The Gonzales V. Raich
Gonzales v. Raich was a landmark case which determined the extent that Congress could regulate
marijuana usage in California. More precisely, the case involves deliberation between the
constitutionality of the Compassionate Use Act, voted on by the state of California in 1996, and the
Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which
permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA),
exceed the regulations set under the Commerce Clause of the Constitution? Does the Compassionate
Use Act, which allows for the use of medical marijuana in California, protect citizen's rights to use
and distribute marijuana for medicinal purposes? The decision made by the Supreme Court would
spark debate over these questions as well as similar topics such as federal abuse of power, doctor
patient confidentiality, and the decriminalization of marijuana across America. In my paper, I will
cover the events and influences leading up to the Supreme Court's official decision, the significance
of the outcome, and the questions and issues brought up in the aftermath of Gonzales v. Raich.
In 1996, California voters passed the Compassionate Use Act, which allowed for the cultivation and
usage of marijuana for limited medical purposes. The proposition was the statewide ballot on the
issue of medical marijuana which had been passed. It was enacted with 55% of the population in
favor, 45% opposed, a fact which in and of itself

The Violation Of Miranda Rights
Mr. Knight's statements to officers in the patrol car cannot be suppressed for violation of Miranda
rights because he was neither in custody not subjected to an interrogation. To suppress a statement
under the Fifth Amendment for violation of Miranda rights, (1) the suspect must be in custody of
law enforcement officials and (2) subjected to interrogation (3) without being first provided Miranda
warnings. United States v. Brownlee, 454 F.3d 131, 4 (3d Cir. 2006) (citing Rhode Island v. Innis,
446 U.S. 291 (1980)). Here, the police officers that detained Mr. Knight are law enforcement
officials; however, Mr. Knight was not in custody because he was stopped for a short and temporary
amount of time, and the officers explicitly told him that he would be free to go after completing the
traffic summons paperwork. Additionally, Mr. Knight's incriminating statements during his
detention were not the product of an interrogation because they were voluntary and not reasonably
foreseeable by Officer Davis. Consequently, Mr. Knight did not require a Miranda warning, meaning
his incriminating statements in the patrol car cannot be suppressed under the Fifth Amendment.
A. Mr. Knight was not in custody Mr. Knight was not in custody because he knew he could leave
after he completed the traffic summons paperwork. To suppress a statement for violations of
Miranda rights, the suspect must be in custody of law enforcement officials. Brownlee, 454 F.3d at
4. When in custody, a person is

The Opinion Of Justice Binderoff
The opinion of Justice BINDEROFF: According to Article I, Section 8(3) of the United States
Constitution, Congress is granted the power "to regulate commerce with foreign countries, as well
as among the several states...;" this enumerated power is what the Commerce Clause describes. This
Article has been used to justify many instances in which Congress has exercised its power to
regulate commerce, especially among states. In this regard, there has been a myriad of instances in
which such exercise of this congressional power has been challenged. The first instance, was in the
case of Gibbons v Ogden (1984), where two men who had been given exclusive licenses by the state
of New York to carry passengers to Elizabeth Town from New York, filed a suit in court to block
another steamship operator, Gibbons, who had been newly granted a license to carry passengers on
that very route, from competing with them. In this case, the Chief Justice found out that Congress
was right within its powers – granted by the Commerce Clause – to grant the ferrying license to Mr.
Gibbons. The Chief Justice, Marshal, argued that commerce was more than just the selling and
purchase of goods, but included other parts of the commercial intercourse between states, such as
transport. The argument by the Chief Justice in this context is important in understanding the extent
of commerce that falls under the Commerce Clause as intended by the framers. In order to
understand why Congress was within its powers

The Case Of Korematsu V. US
KOREMATSU v U.S.
323 U.S. 214 (1944)
Perhaps, according to Bernard Schwartz, the greatest failure of American law during World War II
may be illustrated by the case of Fred Toyosaburo Korematsu. As graphically described in 1944 by a
member of the bench, his case is one that is unique in our system:
Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of
the United States by nativity and a citizen of California by residence. No claim is made that he is not
loyal to this country. There is no suggestion that apart from the matter involved here he is not law–
abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a
crime. It consists me rely of being present in the ... Show more content on Helpwriting.net ...
Secondly, regardless of the true nature of the assembly and relocation centers, we are dealing
specifically with nothing but the exclusion order. To bring in the issue of racial prejudice, without
reference to the real military dangers which existed, merely confuses the issue.
Korematsu was not excluded from the Military Area because of hostility to him or his race. He was
excluded because we are at war with the Japanese Empire . . . The military urgency of the situation
required that all citizens of Japanese ancestry be segregated from the West Coast temporarily.
Congress put their confidence in our military leaders and decided that they should have the power to
carry out the necessary measures. There was evidence of disloyalty on the part of some so the
military authorities felt that the need for action was great. The fact that we can look back and see
things more calmly does not allow us to say that at the time these actions were unjustified.21
In dissenting Justice Owen Roberts felt the facts presented exhibited a clear violation of
Constitutional rights. It is he stated "not a case of keeping people off the streets at night, nor a case
of temporary exclusion from an area for safety reasons . . . It is the case of convicting a citizen as a
punishment to not going into imprisonment in a concentration camp. In addition, if a citizen were
forced to obey two laws and obedience

The Implementation of Technologies in Relation to Social...
The Implementation of Technologies in Relation to Social Control – Surveillance Camera and the
Big Brother Society. The New Media and the Loss of Privacy.
Media technologies were embraced by people as the means of easing their lives. However, if one
does not know or take measures to use this technology properly, then one risks his life being abused
by technology (Doyle, 2010, p. 4).
Have you noticed that you regularly receive targeted ads as they offer you goods and services you
used to surf for on the Internet? Moreover, be sure that your friends are also going to receive the
relevant advertising. Does your phone welcome you in any geographical location you travel to?
Have you noticed that your Facebook is eager to autonomously put your ... Show more content on
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United States, 389 U.S. 347, 1967).
Democratic legislation allows people to adjust browser controls and Google–account in such and
decline tracking of your search traffic. It is also possible to switch off all of the Google Chrome
web–services for maximum privacy. One can also block data and file transfer "cookie" from
extraneous web–sites. One can choose not to save web–history and prevent web–sites, web–cam,
microphone, and cell–phone from automatically sending information about one's location to host
programs and networks. If one carefully reads documentation conventions on technology application
before clicking to "I agree", one can ensure maximum confidentiality and a "reasonable expectation
of privacy". These are the ways to protect your privacy along with saving benefits of contemporary
media. This fact proves that we are not yet part of the totalitarian Big Brother Society (Rothstein,
2014, pp. 333–334).
However, after September 11, state authorities have become more persistent and empowered to
claim access to private lives of their citizens under the aegis of the "war on terror" (Wong, 2006, pp.
179–219). During the period from its enactment in 2001 and until the final amendments in 2011,
USA Patriot Act (the acronym for Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism) has evolved from a security tool into an official
waiver of the citizens right to privacy having sanctioned

The Case Of Olmstead V. United States
Unreasonable search is the pursuit of an individual on his/her premises and/or vehicles for seizure to
obtain evidence by a lawful agency without a court order and without probable cause it is believed
evidence of a criminal activity will be found. The fourth amendment of the U.S. Constitution shields
our Citizens from preposterous inquiry and seizure. The case of Olmstead v. United States, 277 U.S.
438 (1928), various individuals were convicted of alcohol related law violations, and were accused
of conspiracy. The operation grossed a generous amount of cash. The main schemer and the general
administration of the business was one of the Petitioners, Olmstead (the "Solicitor"). The primary
office of the business was in Seattle and there were three phones in the workplace, each on an
alternate line. There were phones in an office the Petitioner had in his own home, and at the home of
his partners and different places in Seattle. A great deal of correspondence happened in the between
Seattle and Vancouver, British Columbia. The data which prompted the discovery of the trick and
tendency and degree was generally gotten by catching messages on the phones of the backstabbers
by four government denial officers. Little wires were embedded along the common phone wires
from the living arrangements of four of the [suspects] and those driving from the boss office. The
insertions were made without trespass upon any property of the suspects, in the cellar of the office
building. The

Retail Environmental Factors That Influence Consumer...
Introduction
Consumer buying behavior has became great interest to the marketing researches (Ali & Hasnu
2013, p. 1). Understanding the consumer buying behavior unable the mall managers plan effective
marketing strategies. Researchers have identified number of different factors that influence
consumer buying behavior. Retail environmental factors is one of these factors. This literature
review seeks to identify the retail environmental factors that influence consumer buying behavior.
The structure of this literature review is as follows. Firstly, the review describes the search process
for the relevant studies. Following this, the review then explains the studies thematic analysis.
Finally, the review provides an overall discussion of ... Show more content on Helpwriting.net ...
In addition, a manual search was conducted in order to find other relevant studies and, from this
process, 2 studies was found relevant. Overall, 9 studies were included in this review.
Thematic analysis
After a process of individual analysis of the selected studies, the articles were grouped together
according to recurrent themes that emerged from the findings. In this literature review, three major
themes were identified which include; window displays, music and shop crowding.
Finding
Window displays
In relation to window display, three studies reported that there is a positive relationship between
consumers buying behavior and window display (Ali & Hasnu 2013, Karbasivar & Yarahmadi 2011
and Tendai & Crispen 2009). According to Ali & Hasnu (2013, p.7) consumers' buying decision is
influenced by the physical attractiveness of store displays. Consumers develop their first
impressions by the store displays which emotionally attract them to the product and buy that product
(Ali & Hasnu 2013, p.7). Similarly, Tendai & Crispen (2009, p. 107) reported that attractive window
displays increases sales as consumers purchase unplanned products. Moreover, the finding of
Karbasivar & Yarahmadi (2011) study indicated that window display has strong effect on
encouraging consumers to buying more and enjoying their shopping time. In order to trigger
shopping among consumers, store managers must ensure attractive store displays (Ali & Hasnu
2013, p. 7).

Analysis Of Rosie The Riveter During World War II
During World War II, there were many posters to persuade individuals to help the workforce, some
specifically targeting women. In one of the posters, "we can do it," a woman named Rosie the
Riveter is exhibited showing her muscles to display her strength. The main attention is the woman's
strong arm and caption to exemplify the strength of a female and how underestimated they are in the
real world. The poster has very glaring colors and the bandana on the woman's head makes her seem
somewhat rebellious and a powerful leader. Her pulled up sleeves demonstrates her independence as
a woman and how she can do more than what people expect of her. This image portrays patriotic
womanhood to give women more of a voice during the war rather than them being limited to only
working inside their homes. In the photo, "longing won't bring him back" it shows a woman holding
letters from her husband and she feels this longing for her husband to return from war. However,
since the title says "Longing him won't bring him back sooner, get a war job" basically telling the
woman that by getting a job, she will not only be helping the workforce, but it will help her stay
distracted from missing her husband. Also, in the poster "victory awaits on your fingers," an
American girl is shown to encourage woman to find jobs in war production to keep woman in the
workforce. The meaning behind the poster's title is that for there to be actual success, women needs
to take responsibility outside and do

The Importance Of Cyberbullying In Schools
" In 1919, in the wake of World War I, Charles Schenck was arrested on the charge of violating the
Espionage Act of 1917 by encouraging eligible United States citizens not to comply with the draft
during the war. He took his case to the Supreme Court claiming that his freedom of speech granted
to him by the First Amendment had been violated. In a unanimous vote, the court ruled that in times
of â€œclear and present dangerâ€ the freedom of speech clause could be revoked. This case served
as a precedent in times of national crises and has allowed the government to better protect the
citizens of the United States. Many different situations that could fit into the category of â€œclear
and present dangerâ€, and the term can correctly be defined as any situation in which it is possible
for a person, multiple people, or an institution to be harmed. Two examples of these types of
situations include the cyberbullying of students by their classmates and the repercussions that follow
provocative tweets from President Trump. ... Show more content on Helpwriting.net ...
While some students may seek to solve the problem peacefully, other students may be so upset or
traumatized that they look to hurt themselves or those who bullied them, endangering the entire
school community. The latter are situations that should never be allowed to happen and can be
prevented. If schools were allowed to monitor the social media of their students, there would be
assurance that a horrible situation like that would never occur. They can clearly become extremely
dangerous very rapidly to all parties involved. In situations where the safety of students is involved,
it is just for the â€œclear and present dangerâ€ clause to be

Korematsu Versus the United States
In the landmark case of Korematsu v. United States the Supreme Court was correct in the ruling
because the executive order that was issued became a law to protect the country from persons that
had close ethnic ties to the enemy and made all people that the government deemed a threat to
national security into prisoners. Although this was against moral standards, it was a necessity at the
time to protect the country. While it may seem that it was just the Japanese that were prosecuted, it
was also Americans of German and Italian heritage that were also persecuted. This executive order
infringed on the rights of American citizens based on their ethnic background. This isn't right
because as said in the constitution everyone has the right to life, liberty and the pursuit of happiness.
The majority opinion in the ruling of Korematsu v. United States. The majority opinion in this case
was in favor of the United States. The court in this case argued that the executive order 9066
(....WHEREAS the successful prosecution of the war requires every possible protection against
espionage and against sabotage to national–defense material, national–defense premises, and
national–defense utilities....(illinois.edu) was legal because after the bombing of pearl harbor, the
general population of the United States was in a state of chaos. This ruling was made because, as
stated in the previous paragraph, the population of the United States requires every possible
protection against espionage to

The Hysteria of Japanese Descent
The Korematsu Vs. U.S. Court case was held and decided during World War 2 between the time
after the attack on pearl harbor, the decision that take place at that time were exaggerated and wrong
during this time the american people were lead to believe that people of japanese ancestry were a
threat to the security of the west coast do to wartime hysteria and false accusations of Espionage.
When WW2 begin there was a massive fear of an invasion of the west coast do to the fact that many
civilians and aliens were of Japanese descent. These residents were either second or third
generations who has almost lost all ties to their Japanese ancestry. The mass speculations were
gathered from evidence of espionage however the FBI and other agency jumped to conclusions with
this evidence. From Information Bulletin Number 6 there was evidence of a small network of spies
located in the west coast all of whom were of japanese descent. Their assumption that there was a
mass underground network of japanese spies that were fully cable of causing sabotages that would
disable the west coast defense and leave the whole west coast vulnerable to a japanese invasion were
all assumptions from wartime hysteria and a lack of evidence to backup their findings.
The attack on Pearl Harbor had been taken account however it's results led to Executive Order 9066
stating that the Commanding Military has the power and authority to exclude any number of people
within a designated area while also

The Microsoft Antitrust Story Essay
The Microsoft Antitrust Story
One of the most significant cases in the business world is the US vs. Microsoft. In this case the US
asserts that the business practices used by Microsoft create an unfair and dominant market and make
them into a powerful monopoly. On the other hand, Microsoft argues that it is being unfairly
punished for its success. This case is important because it will greatly affect the economy, other
large corporations, its competitors, consumers, and Microsoft's stockholders. After careful
consideration of the controversial US vs. Microsoft case our consultation group found it imperative
to contemplate several key factors before advising our presidential candidate to take a stance. While
discussing the ... Show more content on Helpwriting.net ...
The main empirical claim opposing sides disagree on is that Microsoft is deliberately trying to shut
out its competitors in the software industry. While this issue might seem like a matter of opinion,
there is hard evidence to back it up. The most striking example of Microsoft shutting out its
competitors is with its Internet Explorer software. In 1997, Microsoft packaged an Internet Explorer
Access Kit with Windows, thus shutting out Netscape, who did not create a similar service until nine
months later. Unfortunately, purchasing the software from Netscape would cost $2000, whereas the
service was free from Microsoft. To make matters even more interesting, Microsoft struck a deal
with AOL where in exchange for using its Internet software, "Microsoft placed an AOL icon on its
Windows desktop, leading more than a million new customers to sign up for AOL" (FAQ).
Microsoft supporters assert that this service "increased general familiarity with the Internet and
reduced the cost to the public of gaining access to it" (FAQ). However, critics suggest that Microsoft
intentionally add the Internet Explorer feature to Windows in order to shut Netscape out the
industry. Additionally, because Microsoft is so wealthy and powerful, it can be a hazard to the
economy and consumers. If Microsoft ever crashed there would be complete economic chaos. Also,
Microsoft controls the prices of their products and could decide to raise them at any time.
Consumers would be forced

Government Regulation of the Microsoft Corporation Essay...
Government Regulation of the Microsoft Corporation
Does the government have the right to regulate large corporations, namely the Microsoft
Corporation? If so, then to what extent can the government do so? Based on our research, it is the
government's responsibility to remedy Microsoft's noncompetitive behavior in order to increase fair
competition.
The Microsoft vs. the Government trial has many possible outcomes, which may affect a specific
party. Not only does the outcome affect the Microsoft Corporation, but it also affects the rival
companies and the consumer. Though not as eminent, the outcomes may also affect the future
decisions against any other companies, possibly committing the same violations as Microsoft.
The ... Show more content on Helpwriting.net ...
"Microsoft's share of the market for Intel–compatible PC operating systems is extremely large and
stable," 2. "Microsoft's dominant market share is protected by a high barrier of entry," 3.
"Microsoft's customers lack a commercially viable alternative to Windows" ("Microsoft: Court's
Findings of Fact"). The barrier of entry would "prevent an aspiring entrant into the relevant market
from drawing a significant number of customers away from a dominant incumbent even if the
incumbent priced its products substantially above competitive levels for a significant period of time"
("Microsoft: Court's Findings...). Obviously, the rival companies such as, IBM and Apple, have
found great fact, that in the most part, states that Microsoft is truly dismantling the competitive
market. IBM and Apple created OS/2 and the Mac OS, respectively. Because of this "barrier of
entry," these top companies have not been able to "compete effectively with
Windows" ("Microsoft: Court's...). Microsoft implies that there still is competition; such as Mac OS,
Linux, and other operating systems. Though this claim may have support, the "District Court found
that Windows accounts for a greater than
95% share...court also found that even if Mac OS were included, Microsoft's share would exceed
80%" (United States Court of Appeals).
Microsoft may feel that there is competitiveness in the relevant market, the facts behind the claims
of the rival

The ' Beware Of Dog ' Sign Posted At Cupcakes For Kids
The "Beware of Dog" sign posted at Cupcakes for Kids is an absolute defense that will likely
remove Plaintiff from any liability if the Defendant files a counterclaim. According to Florida
Statute § 767.04 (2015), an "owner is not liable, except as to a person under the age of 6 . . . if at the
time of any such injury the owner had displayed in a prominent place on his or her premises a sign
easily readable including the words 'Bad Dog.'" It is essential that the "Bad Dog" sign or equivalent
wording must be easily readable as well as posted in a prominent place. Carroll v. Moxley, 241 So.
2d 681 (Fla. 1970). The sign must be easily readable meaning that the sign is legible and capable of
being read, not necessarily that the injured party must have been able to actually read and
understand it. Registe v. Porter, 557 So. 2d 214 (Fla. 2d DCA 1990).
In order to be relieved of liability, an owner must have a prominently placed "Bad Dog" sign that is
easily readable. In Carroll, the court held that the purpose of having a prominently placed sign that
is easily readable is to give actual notice of the risk of a bite to the victim. Carroll, 241 So. 2d at
682. The owner of the store in Carroll had a "Beware of Dog" sign beside the counter of the
hardware store. Id. As the victim stood at the counter, the unseen dog lunged out and bit her on the
face. Id. The victim filed suit against the dog owner and the court found that there was no liability
because a "Bad Dog" sign was posted.

Can A Patient Take Medication If There Is No Medical...
Can A Patient Be Forced to Take Medication If There Is No Medical Emergency? In this case, the
patient John Rennie, a former pilot, had been in and out of mental health facilities in the state of
New Jersey since his twin brother died in 1973 in an airplane accident. Between 1973 and 1977 he
had been treated both inpatient and outpatient, numerous times, per the court record, at least 11
times. He had been diagnosed with various mental health issues which included paranoia,
schizophrenia, and manic depression. He had even suffered from delusions and had made threats to
kill the President. During the series of treatments, Rennie would occasionally refuse to take the
prescribed medication given to him by the treatment staff. The record also indicated that during his
treatment Rennie had been in frequent fights with other patients as well as the staff, and had gone
through suicidal and delusional stages. In 1977, Rennie filed a suit in the New Jersey Circuit Court,
against the Ancora Psychiatric Hospital, arguing that the treatment being forced upon him violated
his right to privacy. The ruling, in that case, was that although a patient had the right to refuse
treatment, certain circumstances can take priority above that the rights of the patient. The court
mentioned the following considerations; 1) Is the patient a danger to either themselves, other
patients or to the staff at the institution? 2) Does the patient posed the mental ability to determine the
best method of

The Microsoft Antitrust Case Essay
The Microsoft Antitrust Case
The Microsoft Antitrust Case In 1998 the Microsoft Corporation was at the center of an
investigation by the U.S. Department of Justice (DOJ) which alleged the company of violating the
Sherman Act. The Sherman Act is considered the foundation of federal antitrust litigation, and is
used to "combat anticompetitive practices, reduce market domination by individual corporations,
and preserve unfettered competition as the rule of trade" (www.law.cornell.edu). The DOJ
concentrated on 4 specific violations of the Act, (1) Microsoft engaged in "unlawful exclusive
dealings and other exclusionary agreements", (2) Microsoft engaged in "unlawful tying", which was
the act of Microsoft tying together two products ... Show more content on Helpwriting.net ...
313). Because Microsoft's operating system (Windows) was the most widely used, most applications
were written to run on Windows, giving Microsoft the upper hand in the industry for Internet users.
Baron (2010) states at the time of the investigation, Windows were installed on more than 90% of all
new Intel–based personal computers. The DOJ also accused Microsoft of engaging in behavior
which was inconsistent with adherence to the Sherman Act, referring to the company as "dismissive"
to the claims of being anticompetitive. These pieces of evidence seem to give credit to the DOJ's
claims against Microsoft. Another question posed by the case was whether or not Microsoft's
conduct benefitted consumers. The senior group vice president of Microsoft, Paul Maritz believes
Microsoft operations did benefit consumers, stating that Window's popularity was due to Microsoft's
"efforts to innovate, evangelize and license the software cheaply" (Baron, p. 317). Microsoft's
alleged monopoly did benefit consumers when price and compatibility are considered, as the
operating software was cheap and accessible by most consumers, especially given the fact so many
applications were written specifically to interact with

The Importance Of Freedom Of Speech
hoose to, this does not, however, mean freedom from consequences. One is still allowed backlash
for publishing or saying dangerous, reckless, and or deceitful things.
The role the government has taken on freedom of speech is one of basing your right to free speech
based on the effects of what you have said, in accordance with time manner and place, which is
shown by the case Brandenburg v Ohio. In Brandenburg v Ohio, Brandenburg is a leader of the Ku
Klux Klan who made a speech which was deemed harmful by The Ohio Criminal Syndicalism Act,
which stated speeches that contained "crime, sabotage, violence, or unlawful methods of terrorism
as a means of accomplishing industrial or political reform," to be unlawful, and was swiftly
convicted under this act. Brandenburg appealed under the idea that the Statute prohibited public
speech that advocated certain violent activities, and thus violates Brandenburg's right to free speech
under the First and Fourteenth Amendments of the United States Constitution. The Supreme Court
decided that the state had indeed violated free speech by being overly broad and infringing on the
constitution due to its two broad questions. These two questions are as follows. Firstly, speech can
be prohibited if it is "directed at inciting or producing imminent lawless action". Secondly, if it is
"likely to incite or produce such action.". Since the court ruled that The Ohio Criminal Syndicalism
Act overstepped its boundaries it was overturned. Thus, due to

An Unmanned Aircraft System ( Uas )
On Saturdays in the fall, more than 50,000 people pack themselves into Bill Snyder Family Stadium
to watch the Kansas State University Wildcats play football. More fans occupy the parking lot
surrounding the stadium, and even more can be found in satellite parking lots farther from the
stadium (K–State Athletics). Game day at K–State is busy for local law enforcement members.
Police must remain on high alert for any kind of suspicious activity in order to keep the public safe.
With so many people in such a large area, it can become difficult to for officers monitor everything.
One possible answer to the human problem of not being able to be everywhere at once includes an
inhuman object. An unmanned aircraft system (UAS) or a "drone" ... Show more content on
Helpwriting.net ...
From 20,000 feet, ARGUS can magnify something as tiny as six inches on the ground. It has the
potential to recognize faces and record license plates. Memory space is no issue, as ARGUS has the
ability to record up to 5,000 hours of footage (Koerner 2015). This type of drone surveillance would
capture a drug dealer making a sale to some tailgaters, locate the parking stall where a man needs
medical attention after indulging in too many jalapeno poppers or track a pickpocket through a
crowd. As far as crowd surveillance goes, the use of drones appears to be a no–brainer. But this type
of surveillance can also be a gateway into privacy–concerns.
According to Black (2013), today's rapidly changing drone technology carries the potential to
violate the privacy rights of an individual. Numerous drones also carry the potential to "threaten
privacy in society as a whole." (Black 2013).
Moving beyond crowd surveillance, drones are raising a lot of questions in reference to the Fourth
Amendment that protects citizens and their houses, papers and effects from unreasonable searches
and seizures (U.S. Const. amend IV). As drones have the potential to become important tools in
police investigations, there are many situations presented that fall outside of the Fourth
Amendment's regulation but fit in well enough to raise it as an issue (Koerner 2015).
The concern centers on everything even a simple drone is capable of. The Parrot AR 2.0 come
equipped with a camera capable of

The World War I And The Red Scare
In the early 20th Century, the United States endured a time of political unrest. During World War I,
fears of socialism and communism entered the psyche of the United States and culminated in the
Red Scare. Hundreds of American citizens – particularly immigrants – suffered unprecedented
arrests and deportations (Fariello 4). During this time, Charles Schenck, secretary of the Socialist
Party of America, actively opposed the war. Due to Schenck's efforts, the organization distributed
thousands of leaflets criticizing conscription and encouraging readers to assert rights against the
draft and intimidation (Schenck v. United States 1). In the 1919 case Schenck v. United States, the
defendants were charged with violating the Espionage Act of 1917 by causing and attempting to
cause insubordination in U.S. military forces by distributing a document denouncing the draft in
name of the 13th amendment (Schenck 1). When insurgency and fear continued, Congress amended
the Espionage Act with the Sedition Act, which limited many more forms of speech (Fariello 14).
At this point, society had to decide whether these limits on speech aligned with its interests. Holmes
similarly had to consider whether to forfeit his belief that ideals in the Constitution and its
Amendments exist absolutely (Cohen 27). In the end, he decided that a balance between absolute
ideals and the responsibilities of Congress must prevail as the most fair compromise – or standard.
In this fairness, the Court affords

The Pros And Cons Of The Bill Of Rights
Since the creation of the constitution in 1789, people have found ways to disobey the laws written
by our founding fathers. Most crimes have punishments that give fair consequences to the
misconduct of the person, but some cases prove otherwise. The Bill of Rights were created to
override all other law and provide a basis for moral wrongs and rights. Each amendment was written
with a purpose to shape our country and give individual citizens the rights they believed were
naturally theirs. One case, taken into the hands of the Supreme Court during World War I, caused an
uproar of disagreement, to whether the case was decided unfairly. To this day, the case still remains
arguable to whether this individual deserved the punishment that was given. In the year of 1919, a
man by the name of Charles T. Schenck was tried in court for mailing circulars to draftees. He had
very different views against the drafting of military for war, and was punished for his non–violent
actions towards it. Around 1914, war broke out in Europe between nations all over the globe. This
war was sudden and caused chaos throughout nations because of the excessive damage and need for
soldiers. This war became known as World War I, and changed the way in which our nation is
shaped today. Soon after the outbreak of war, the Espionage Act of 1917 was put into law. This was
a federal law with intentions to restrain interference with any military operations or involuntary
enlistment into the military. After this, the Federal Government held a draft for World War I. All
male citizens within a specific age range were selected randomly to serve in the military during this
war, and it was not optional, but forced. Charles Schenck was an associate of the Socialist party of
America in Philadelphia, therefore he had disagreements with the Capitalist government. He was the
general of this party, and believed that the war was caused by the rich only to benefit themselves,
while poor lower class men were doing all of the suffering and hard work. When Schenck became
aware of the government's intentions for recruiting military, he was furious. The government had
seemed to have taken the natural born rights of man for themselves to use as they pleased.

Criminal Court Case Paper
In the first scenario, the first action that was illegally taken by the officer was approaching the
suspect on the front porch. The officer could not legally approach the suspect as the front porch is
considered an area of curtilage because this is an area that one feels that they have the right of
privacy. The case that supports my decision is United States v. Dunn where police received a tip that
Dunn's barn contained alleged equipment to manufacture drugs. The barn was away from Dunns
home which allowed for them to search the barn after not receiving a warrant. This case established
four factors that determine curtilage. Those factors are the proximity of the area to the home,
whether the area is in an enclosure surrounding the home, the ... Show more content on
Helpwriting.net ...
The agent set up a subcontract between Suspect 1, the agent offered a personal loan to Suspect 1 in
exchange for a subcontract. Suspect 1 agreed. At a meeting one week later, the agent gave Suspect 1
the cash loan. Suspect 1 was immediately arrested. The action that was illegal in this case was the
agent was the one who offered a personal loan to the suspect to induce a person to commit a crime
that was not contemplated by the subject. The suspect was entrapped in this situation as he was
offered the loan from the agent instead of the suspect offering him the loan. I justified my decision
that this was an illegal action based on the subjective test. The actions of a government official with
the goal of criminal prosecution to induce a person to commit a crime that was not contemplated by
the person. One case that supports my idea is Jacobson v. United. During this case where Jacobson
before the Child Protection Act was put into place purchased magazines that included pornographic
photos of a minor. Later agencies began investigating Jacobson's interest in child pornography. Over
the course of about 2 ½ years, they sent him mailings from 5 fictitious organizations and one non–
existent pen pal all promoting sexual liberation and challenging government censorship. After
Jacobson was somewhat responsive, a government agency attempted to sting him by selling him
child pornography which he purchased, resulting in his arrest and conviction. The court ruled that
the government agency did incite Jacobson causing the innocent person to commit a crime. This
case is similar to scenario two as the agent in this case was the one who offered a cash loan to the
suspect which incited him to commit the

The United States And Japan
There had been a growing outcry from the public and leaders for something to be done to reduce the
increasingly growing number of Japanese immigrants in the West Coast. Subsequent regulations
placed on the Japanese in the United States made them aggravated. There was serious trouble
brewing between the United States and Japan until the Japanese carried out attacks on Pearl Harbour
in December 1941. After the attack on Pearl Harbor there was increased spread of propaganda from
the press and local leaders against the people with Japanese roots. There were numerous calls to the
Congress and President Roosevelt for removal of the Japanese from the Pacific Coast. On the 19th
day of February 1942, President Roosevelt issued the Executive Order Number 9066 (Wheeler,
Becker and Glover 244). The Executive Order authorized the evacuation of the Issei and Missei.
About 120000 individuals of Japanese ancestry, both citizens and non–citizens were evacuated from
the West Coast in what Lt. General John DeWitt said was compelled by "military necessity"
(Wheeler, Becker and Glover 244). The most convincing and reliable evidence reveals that the
removal and incarceration of Japanese Americans after Pearl Harbor did not meet the "clear and
present danger" test. I do not agree with the Supreme Court's decision. During the evacuation
process, Fred Korematu, a Japanese American, sought to evade the ordeal by concealing his identity
by using a plastic surgery and using a forged identity. Fred was

Interpreting The 5th Amendment And The Rights Of A Free...
Interpreting the 2nd Amendment and how to define "A well regulated Militia
Being necessary to the security of a free State, the right of the people to keep and bear Arms shall
not be infringed." Has been a constant battle between the courts and
Citizens for years starting with United States v. Miller, 307 U.S. 174 (1939)
In US VS. Miller the defendant Jack Miller and Frank Layton were accused of
Knowingly, and Willfully transporting firearms over state borders without proper
Documentation. The courts ruled against Miller they opinon read "did unlawfully,
knowingly, willfully, and feloniously transport in interstate commerce from the
town of Claremore in the State of Oklahoma to the town of Siloam Springs in the
State of Arkansas a certain firearm, to–wit, a double barrel 12–gauge Stevens
shotgun having a barrel less than 18 inches in length, bearing identification
number 76230, said defendants, at the time of so transporting said firearm in
interstate commerce as aforesaid, not having registered said firearm as required
by Section 1132d of Title 26, United States Code (Act of June 26, 1934, c. 737,
Sec. 4 [§ 5], 48 Stat. 1237), and not having in their possession a stamp–affixed
written order for said firearm as provided by Section 1132c, Title 2, United
States Code (June 26, 1934, c. 737, Sec. 4, 48 Stat. 1237) and the regulations
issued under authority of the said Act of Congress known as the 'National
Firearms Act, ' approved June 26, 1934,

State V. Essay : State Vs.
State v. Kirchoff 156 Vt. 1, 587 A. 2d 988 (1991) pg. 246 FACTS: In 1982, defendant purchased
thirty–nine acres of land, consisting of woods, swamp, and meadows, in an isolated part of Lincoln,
Vermont. He put up several "no trespassing" signs where the road turned into his driveway and
posted his land with signs that said, "POSTED Private Property. Hunting, Fishing, Trapping or
Trespassing for Any Purpose Is Strictly Forbidden. Violators Will Be Prosecuted," and recorded that
fact with the town clerk. Acting on an informant 's tip that marijuana was growing on defendant 's
land, a sheriff and another law enforcement officer went onto the land, without a warrant, in
September of 1986. They first drove up defendant 's driveway where they noticed the "no
trespassing" signs, as well as one that states "Road Ends – Private Drive Ahead." Next, the officers
parked at a neighbor 's house, crossed a fence, and walked along an old logging road toward
defendant 's house. They observed one or two old "no trespassing" signs as they walked. At some
point, the officers left the road and walked through woods and a marsh, coming upon marijuana
patch about 100 yards from defendant 's house. The officers left to obtain a warrant and eventually
detained him. Issue: i.) The sole issue in this appeal from a conviction for cultivating marijuana is
the legality under the Vermont Constitution of a warrantless search of defendant's posted land. The
search violated Chapter I, Article 11, of

Facts About The Best Evidence Rule
The best evidence rule is a rule that applies when someone wants to admit some form of evidence
that is a document but the actual original document is not available for admission. Unfortunately,
when this happen the party that wants to admit the evidence has to give an acceptable excuse to why
the original documents are unavailable or absent. Therefore, the courts has to decide if the excuse is
acceptable and allow the party to use their secondary evidence in order to prove their case or that the
content of the document in order for it to be admissible as evidence in the case. Unlike, any other
rule this rule only applies when a party is trying to prove that all of the content in the document is
worthy of being admitted as evidence if the ... Show more content on Helpwriting.net ...
Therefore, the U.S. court system implemented this rule but if one party suspects that the copy or
copies have been altered or it's a fraud than this comes into play for that case.
The rationale behind its application was to find the best evidence within a case but due to fraud and
the mishandling of evidence this rule was created. It helps to prevent anyone from trying to mislead
or even lie about a certain piece of evidence. Furthermore, it eliminates anyone from having to guess
if in fact that the evidence is from the actual original copy of if some part of the evidence had been
changed at some point in order to get a guilty or innocent verdict in the case.
After reviewing each the case of Olmstead v. United States, Nardone v. United States, Goldman v.
United States, Berger v. New York and Katz v. United States I have found that each one of these
case dealt with wiretapping and whether it was legal for the police or government to tap into their
phone lines and use the evidence found in tapping in court as evidence in order to get a guilty
verdict. For example, in the case of Olmstead v. United States individuals were convicted of liquor
related crimes to include conspiracy. Now the main person in the conspiracy was the general
manager of the business which was Olmstead. The business had main office was in

United States V Microsoft: a Case for Antitrust Ethics...
United States v Microsoft: a Case for Antitrust Ethics Courses Eva Marie Cole BUS 670 Prof. Troy
Tureau October 17, 2011 United States v Microsoft: a Case for Antitrust Ethics Courses In 1994,
Microsoft Corporation was sued by the Department of Justice on behalf of the United States for
violating §2 of the Sherman Act "...by engaging in monopolization through a series of exclusionary
and anticompetitive acts designed to maintain its monopoly power" (Mallor, Barnes, Bowers, &
Langvardt, 2010, p. 1275, para 3). More specifically, the company was charged with, among other
things, violating the Act by 1) attempting to monopolize the Web browser market, 2) tying its
Internet Explorer (IE) browser application to its Windows operating ... Show more content on
Helpwriting.net ...
Third, the licensing agreement prevented OEMs from modifying the PC's boot sequence, which in
turn stopped many OEMs from inserting ads for Internet access providers (IAPs) because many
IAPs at the time relied upon IE's competing browser, Netscape. These licensing restrictions,
according to the Court, "...represent uses of Microsoft's market power...The restrictions therefore
violate § 2 of the Sherman Act" (United States v Microsoft, 2001) According to the plaintiff,
however, the anticompetitive behavior extended beyond the OEMs and into its agreements with
IAPs and independent software vendors (ISVs). Microsoft's exclusive agreements with 14 of the 15
leading providers (e.g. America Online), for example, effectively cut off one of two major
distribution channels for competing browsers (United States v Microsoft, 2001). "By ensuring that
the majority of all IAP subscribers are offered IE either as the default browser or as the only
browser, Microsoft's deals with the IAPs clearly have a significant effect in preserving its
monopoly" (United States v Microsoft, 2001). With respect to ISVs, Microsoft promised preferential
treatment and support for ISVs that agreed to use IE as the default browser in any hypertext–based
program user–interface and use its "HTML Help" file, (which was only found in IE) to implement
the

Case Study: Sell V. United States
ARGUMENT
At stake is Mr. Whitman's 4th Amendment liberty, which Sell was implemented to protect. In order
to safeguard the liberty interests of sick defendants in Sell, the Supreme Court implemented four
factors that the government must establish before it may forcibly medicate sick defendant to render
the defendant competent to stand trial (citation needed). First, it must prove that an "important
government interests are at stake." Second, it must establish with clear and convincing evidence that
the "involuntary medication will significantly further" those interests. Third, the government must
demonstrate that "the involuntary medication is necessary to those interests." Fourth, it must
demonstrate that the "administration of drugs is medically appropriate." Sell v. United States, 539
U.S. 169, 180–181 (2003). ... Show more content on Helpwriting.net ...
Id. at 180. To prove that the involuntary medication will significantly further those interests, the
government must prove that the medication "is substantially likely to render the defendant
competent to stand trial", "and that the administration of drugs is substantially unlikely to have side
effects that will interfere significantly with the defendant's ability to assist counsel in conducting a
trial defense." Id. at 181. In the case before us, the government has failed to prove that its interest in
trying Mr. Whitman is not mitigated by special circumstances. The government has also failed to
prove with clear and convincing evidence that the proposed treatment of Mr. Whitman is
substantially likely to render him

A Case Study For MBA Students by Nicholas Economides* Revised April 2003
Abstract This case study discusses briefly the economic and legal issues pertaining to the antitrust
case of the United States and a number of States against Microsoft.
* Stern School of Business, New York University, New York, NY 10012, (212) 9980864, fax (212)
995–4218, http://www.stern.nyu.edu/networks/, neconomi@stern.nyu.edu Copyright ©, N.
Economides
2
Contents 1. 2. 3. 4. 5. 6. 7. Facts
............................................................................................................................. 3 Antitrust Law On
Monopolization And Attempting To Monopolize .......................... 7 Economics Of ... Show more
content on Helpwriting.net ...
The 1991–1993 and 1993–1994 investigations by the Federal Trade Commission ("FTC") ended
with no lawsuits. The 1994 investigation 2 by the United States Department of Justice ("DOJ") was
terminated with a consent decree in 1995. 3 The key provisions of the 1995 consent decree were: 1.
Microsoft agreed to end "per–processor" (zero marginal price) contracts with computer
manufacturers (Original Equipment Manufacturers, "OEMs") but it was allowed to use unrestricted
quantity discounts. 2. "Microsoft shall not enter into any License Agreement in which the terms of
that agreement are expressly or impliedly conditioned upon the licensing of any other Covered
Product, Operating System Software product or other product (provided,
1
Microsoft produces software, including operating systems for PC (Windows 95, 98, NT, 2000),
operating systems for local network and Internet servers (Windows NT, 2000), "back–office"
products for network and Internet servers, Internet clients, Internet and network servers, desktop
applications (Office, Word, Excel, Access, Outlook, PowerPoint, MS–Money, etc.), games, and
programming languages (Visual Basic, Java). Microsoft also produces services, including Internet
service (MSN, WebTV), Internet content (MSN), and product support, and some hardware such as
branded mice, keyboards, etc. USDOJ sued Microsoft on July 15, 1994, under Section 2 of the
Sherman

Questions On Gross Receipts Tax
b. New Mexico
i. Gross Receipts Tax – Generally
The state gross receipts tax is a tax on the privilege of engaging in business in New Mexico.
"Engaging in business" means carrying on or causing to be carried on any activity with the purpose
of direct or indirect benefit," with certain exceptions inapplicable to the Company's facts. The tax is
assessed against the gross proceeds of a business.
For purposes of the GRT, a presumption exists that all receipts of a person engaging in business are
subject to the GRT, unless the taxpayer can make an affirmative showing that the receipts are not
taxable. The taxpayer bears the burden of proving any exemption or deduction.
Gross receipts which are deductible are to be contrasted with gross ... Show more content on
Helpwriting.net ...
The court stated that the "[a]doption of the destination principle does not require us to construe the
gross receipts tax to include principles of transfer of title, transfer of possession, or risk of loss,
which are concepts that were not included in the language employed by our legislature. Therefore,
we hold that the destination principle applies to determine whether an interstate transaction is a
taxable sale under our gross receipts tax laws." While the court does not hold the principles of
transfer of title, transfer of possession, or risk of loss as dispositive, they are certainly important in
analyzing the situs of the sale. iii. Transactions in the Stream of Interstate Commerce
A deduction is allowed from the gross receipts tax for receipts from transactions in interstate
commerce if the imposition of the tax would be unlawful under the Constitution. Presumably, to the
extent that taxation of receipts derived from transactions in foreign commerce would violate the
Constitution, one may conclude that New Mexico could not impose its gross receipts tax.
The deduction for receipts derived from transactions in interstate commerce has been a part of the
gross receipts tax for many years. Contemporary commerce clause doctrine has held that there is no
bar to the imposition of a state 's tax on income or receipts from a transaction merely because a
transaction is in interstate commerce, as long as certain requirements are met.
Property

Ftc : The Federal Trade Commission
What is the FTC? The FTC stands for Federal Trade Commission. The Federal Trade Commission is
an independent federal agency created by Congress in 1914 to help prevent unfair business
practices, deception, fair trade practices, and unfair competition. The FTC's mission is to protect the
consumers by enacting laws to ensure that businesses cannot cheat people out of money and keep
businesses from being unethical and immoral. The FTC takes complaints about businesses and
investigates them for fraud or unfair labor practices every year (Silbersack, 2013). Duties of the
FTC. The Federal Trade Commission's mission is to protect consumers and to promote competition
in the marketplace, but that is a very broad statement for what all duties the ... Show more content
on Helpwriting.net ...
The company stated that consumers could make over $300 a day working from home. The FTC
came in and stopped this scam from hurting further consumers and prosecuted the online schemers
(www.ftc.gov, 2014).
Discussion
Events that led to the creation of the FTC. July 2, 1890, the Sherman Anti–Trust Act was the first
law passed by congress to prevent monopolistic business practices. Named after Senator John
Sherman of Ohio, he had this law to pass the senate with a unanimous vote of 51–1 and the House
with a vote of 242–0. President Harrison signed it into law in 1890. The Sherman Anti–Trust Act
authorized government to make it illegal to make a "restraint of trade or commerce among the
several states or with foreign nations". Those that did not abide by this law resulted in a $5,000 fine
and a year in prison. "The Sherman Act was designed to reestablish competition but was loosely
worded and unsuccessful to define terms as "trust," "combination," "conspiracy," and "monopoly"
(www.ourdocuments.gov, 2013)". Because of this "loosely worded" act, the Supreme Court
prevented the federal government from using the act for many years up until President Theodore
Roosevelt came along with his "trust–busting" campaigns. In 1904 the Supreme Court finally
supported the government in its suit for "termination of the Northern Securities Company and the
act was further employed by President Taft in 1911 against the

The Case Of Technology Being Used By A Probation Officer
In the case of technology being used by a probation officer. One major tool that is at their disposal is
social media. "Officers can look on social networking sites to see if people on probation are
associated with gang members, drinking, using drugs, or doing anything else that might violate the
conditions of their probation." (Sweeney, E. (2009, November 29) GPS monitoring devices are also
commonly used "to determine whether a probationer was in the vicinity of a crime scene."
(Sweeney, E. (2009, November 29) There has been much success in using technology in the law
enforcement field. So much so that it is widely used across multiple platforms. The court case, Kyllo
v. United States, 533 U.S. 27 (2001). Where it was "held that the use of a thermal imaging, or FLIR,
device from a public vantage point to monitor the radiation of heat from a person 's home was a
"search" within the meaning of the Fourth Amendment, and thus required a warrant." (Kyllo v.
United States. (n.d.)
The use of the thermal imaging in this case was used to search a home interior for illegal contraband
that wouldn 't be known without this tool. Be an officer of the law requires, "Perfection and
unyielding ethics and ultimately depends on each employee's own level of knowledge, rationality,
and devotion to moral excellence. Anything less than perfect ethical conduct can be disastrous for a
department, a community, and an entire nation. While officers are only human and will continue to
make mistakes,

Plessy V. Korematsu Research Paper
Throughout history people's views on certain subjects have often changed, and with these changes
have come disagreements. In some cases, when one disagrees on a subject, such as a law, there will
be a dissent of some kind, most likely going against the law. Even so, people will still voice their
opinions if it goes against one law or another in most cases. People will stand up for their beliefs
when there are consequences because keeping their basic civil rights intact is more important to
them than abiding by the law.
People have stood up for their beliefs all throughout history, and have faced many consequences for
doing so. One example of a man standing up for his beliefs is in 1892 a man by the name of Homer
Plessy was taken to court for challenging the Separate Car Act in Louisiana (Konkoly, "Plessy v.
Ferguson"). The ... Show more content on Helpwriting.net ...
In 1942, during the early stages of the second World War, President Franklin Delano Roosevelt set
in place Executive Order 9066 in response to the Japanese attack on Pearl Harbor. The executive
order allowed American citizens of Japanese descent to be banned from certain areas deemed critical
for American national security and granted Japanese internment camps to be used during the war
(Konkoly, "Korematsu v. United States"). Fred Korematsu was a Japanese American living in
California at the time when the order went into action who was well aware that he would soon be
removed from his home as it was in a critical part of the nation but was set on staying in his home.
When the order did come for Korematsu to remove himself from his home, he refused and was
convicted for disobeying the law. Fred Korematsu knew that if he resisted the law his chances of
being arrested and brought to court were very high, but he believed that Executive Order 9066
violated his Fourteenth Amendment and he was willing to risk arrest to protest the violation of his
civil

The Microsoft Anti-Trust Case: Presidential Candidate...
The Microsoft Anti–Trust Case: Presidential Candidate Recommendations
The Microsoft Antitrust Case is essentially the clash of two separate ideals, the key issue being how
much influence the government should have in the marketplace. According to the U.S. Justice
Department, Microsoft is in violation of the Sherman Antitrust Act of 1890, which states: "Every
person who shall monopolize, or attempt to monopolize, or combine or conspire with any other
person or persons, to monopolize any part of the trade or commerce among the several States, or
with foreign nations, shall be deemed guilty of a felony." ("The Sherman Antitrust Act") The Justice
Department claims that Microsoft used its power to establish and maintain a ... Show more content
on Helpwriting.net ...
Microsoft's Windows operating system (OS) became a quick success since its creation, entering into
the service of millions of consumers worldwide. Ever since Windows became the dominant OS,
rival companies have faced the problem of designing software compatible with Windows in order to
maintain their large customer population – failure to do so would be detrimental to their own
company. Because Microsoft owns the code to its Windows software, defenders of the company
argue that it has the right to distribute (or not to distribute) its code at its own leisure. According to
Microsoft, the court order forcing them to sell their code is considered a breach of its rights to
freedom and property. ("Frequently Asked Questions") In addition, the RealNetworks case – which
demanded that Microsoft unbundle its Windows Media Player from the Windows software (Krim) –
can be considered a breach of the same rights. After all, Microsoft, as a seller, can dictate the terms
that it wants to sell to its consumers, leaving it up to the consumers as to whether they want to buy
the product or not. ("Frequently") Therefore, court orders that force Microsoft to either share its
technology or change the "bundle" that Windows is sold with are considered by Microsoft to be a
violation of their right to freedom and property
Furthermore, Microsoft has claimed that it practices sound business techniques that have brought it
to the forefront of computer software developers.

Japanese Internment : Japanese American Internment
Alicia Alley February 25, 2016 Social Studies/ English Ms. Long/ Mr. Young The Japanese
American Internment Was the Japanese American internment right to create? In some people's
opinion they agreed that the internment camps were justified. "On February 14, 1942, I
recommended to the War Department that the military security of the Pacific Coast required the
establishment of broad civil control, anti–sabotage and counter–espionage measures, including the
evacuation, there from of all persons of Japanese ancestry" (Dewitt 1). Some people may have
thought it was the wrong choice, but at the time the president did what had to be done. These camps
in a way helped the U.S. The internment for Japanese Americans,during World War 2, is either
justified or unjustified.They may have taken the Japanese American's Farms, businesses and homes,
but they did for the reasons of segregating them from their ancestry. To keep the U.S. safe. Also to
show that being a citizen of America was hard. If the internment camps were justified then, they
were made to keep the U.S. safe, segregate Japanese Americans from Japanese ancestry, and being
an American citizen was hard work. If the internment camps were justified then, they were created
to get Japanese Americans away from their ancestry. "Decided that the military urgency of the
situation demanded all citizens of Japanese ancestry be segregated from the West Coast" (Black 4).
The military needed loyalty to make sure they made the right

Schenck V. United States Court Case Analysis

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