The Rights Of The United States V. Miller

The Rights Of The United States V. Miller
As an American, we know, and are immune to this country starting to build on technology. Where every call or click online can be traced back, stored,
searched and put together to reveal a portrait of private life. However, current law gives little privacy protection to information about these activities,
overstepping the First and Fourth Amendment safeguards that are guaranteed to individual freedoms. There are two cases to be discussed, Smith v.
Maryland and United States v. Miller, two of the most important Fourth Amendment decisions of the 20th century. "In these two cases, the Court held
that people are not entitled to an expectation of privacy in information they voluntarily provide to third parties" (Thompson, para. 1). This proposition,
know as the third–party doctrine, permits the government access to a vast amount of information about individuals, such as the websites they visit,
who they have emailed, the phone numbers they call, and their utility, banking, and education records. The first case I want to discuss is Smith v.
Maryland–Subpoena for Telephone Call Records. In Smith, the police were investigating the robbery of a young woman, who gave the police a
description of her assailant and the vehicle seen near the scene of the crime. The police later spotted a man matching the victim's description driving an
identical vehicle in her neighborhood. They got the tag number and traced the vehicle back to a man named Michael Smith. Upon police request, the
telephone
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Case Study: United States V. Morrison
United States v. Morrison was orally tried at the United States Western District of Virginia court, on January, 11, 2000. Where Christy Brzonkala being
the plaintiff, prosecuted both college Varsity football players Antonio Morrison and James Crawford for sexually assaulting her within thirty minutes
of meeting her at the Virginia Tech University. She complained to the school staff faculty members about her tragic incident. After making several
reproaches to the school and being ignored she decided to withdraw, especially after uncovering in a newspaper that Morrison would be returning to
campus in the fall of 1995. Proceeding the events she then filed a lawsuit under Brzonkala v Morrison in which talks about 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

Abrams And Sedition Act Case
During times of political unrest and hysteria, the Court seems to allow for more limits on speech if simply because the times host more potential for
danger. Take the following example as parallel to Schenck, Abrams, and the circumstances surrounding both. In the 1969 case Brandenburg v. Ohio,
the Court abandoned the clear and present danger test, stating that only speech that produces or is likely to produce violent actions or illegal behavior
can be banned (Cohen 32). The Court argued a difference between advocacy of ideas and incitement of unlawful conduct exists – though the Court did
not define it. During this time, the United States was not concerned with being overthrown by insurgents or overcome with hysteria like earlier in the
century. ... Show more content on Helpwriting.net ...
The Court, in affirming the judgment of lower courts, deferred to Congress but also redefined the standard to protect future free speech since the
times implied more stringent restrictions on speech could follow. Had the Court struck down the ruling, Congress would not have the necessary power
to limit speech, and future dangerous speech would go unabated since doing so would create the rule that Congress cannot limit free speech. Rather
than create this rule, the Court created a new standard by which to measure the ability of Congress to curb free speech on a case–by–case basis. This
new standard, which more broadly protects free speech, has evolved over time, as evident in Abrams, Brandenburg, and Holder. The ability to evolve
over time and to apply to different cases in lower courts highlights Holmes' idea that rights were established by society and balanced by the needs of
the society, according to blah blah, and thus reflects an inherent legitimacy. Again, having this standard and the ability to choose to use it or not allows
the Court to reflect the necessities of society, thereby aligning more closely to

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 Helpwriting.net ...
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

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

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.

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

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 andKatz 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

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 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

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 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

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 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 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 nosuggestion 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

Clinton V. Morrison Case Summary
In 1994, Christy Brzonkala, a student at Virginia Polytechnic Institute and State University, stated that Antonio Morrison and James Crawford raped
her. A year later, Brzonkala filed a complaint against Morrison and Crawford under Virginia Tech's Sexual Assault Policy. After two hearings, Morrison
was found guilty of sexual assault and sentenced to immediate suspension for two semesters. At some point throughout the duration of these hearings,
Morrison personally admitted to having sexual contact with Brzonkala after she said "no" twice, however still affirmed that the sexual act was
consensual. Crawford, however, stated that he left the room before any sexual activity commenced and was later charged with a lesser offense that was
unrelated to sexual conduct. Being that both Morrison and Crawford were valued varsity members of the prestigious Virginia Tech football team and
worried about the continuity of their athletic careers, they made an appeal through the university's administrative system to reduce their suspensions.
After being processed, the punishments were set aside... Show more content on Helpwriting.net ...
However, as a side note, Justice David H. Souter, the dissenting justice, stated that VAWA contained a "mountain of data assembled by
Congress...showing the effects of violence against women on interstate commerce." The Supreme Court reiterated that the Federal government had no
right to dabble in the private sphere because it did not affect national interest. It became quickly evident that there was a looming fear of Federalism
among the majority. To reinforce these claims, Chief Justice Rehnquist stated that VAWA would "effectually obliterate the distinction between what is
national and what is local and create a completely centralized

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, thepolice 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

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

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

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 [В§ 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,

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

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

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

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

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).

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

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 Гўв‚¬Е“clear and present dangerГўв‚¬Вќ 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 Гўв‚¬Е“clear and present dangerГўв‚¬Вќ, 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 Гўв‚¬Е“clear and present dangerГўв‚¬Вќ clause to be

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

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

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 wherepolice 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 ВЅ 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

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

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,

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 ' 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 В§ 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.

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 Antitrust Case
The Microsoft Antitrust Case
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

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

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

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