Unit 5 Assignment 1-28-08 ASSIGNMENT 10 Citation: Atlantic Beach Casino, Inc. v. Edward T. Marenzoni, 749 F. Supp. 38 (D.R.I. 1990) Parties: Atlantic Beach Casino, Inc., Plaintiff-Appellant Edward T. Marenzoni, Defendant-Appelle Facts: Atlantic Beach Casino contracted to represent 2 Live Crew, and the Westerly Town Council is taking steps to prevent the group from playing at the scheduled concert. The town council wished to review and decide in advance whether the performance will go forward (a prior restraint), and they failed to allege sufficient harm. The Westerly licensing ordinances do not even approach the necessary level of specificity constitutionally mandated, and the plaintiffs have a high likelihood of success.
However, at that time Dred Scott was still being detained as a slave. Dred Scott petitioned the Federal Court for a Writ of Habeas Corpus. Habeas Corpus was granted by the Federal District Court and subsequently upheld by the Federal Court of Appeals. However, the Habeas Corpus was overturned by the United States. Supreme Court on the grounds that Dred Scott, as a slave, was not a “person” as contemplated by Sue Davies Pol 201 Dr Donald Barbee the United States Constitution and therefore did not have the right to petition the Federal Courts for a Writ of Habeas Corpus.
In the year 2013 the state of Florida passed a law indicating that texting and driving is now banned. Even though this law was passed, this law states that in order to get in trouble for this offense you must have to commit 2 offenses, which raised questions for civilians with how effective this law really is. Some residents feared that other residents (mostly referring to teenagers and other young and reckless drivers), will not be open minded to this law. In addition this may lead to some residents living in fear of others breaking the law, resulting in an accident, and having innocent people lose their lives over a simple text message that could have waited. The problem is some locals want to create a more improved exceeding, and stronger law, which is understanding but Florida is doing the best they can do at the moment to help prevent texting and driving.
It is a violation of the band’s right to freedom of expression. According to the First Amendment of the United States Constitution, all individuals have the right to express themselves without interference or restraint from the government. Statement of Facts Mad Dog Review is a local rap band. The lyrics to one of their songs, “Mad Dog City Council” allegedly describes their city council in explicit terms, using “dirty” words and language generally considered obscene. Based upon the language in their song, and specifically that in “Mad Dog City Council”, the city of Jonesville has banned the group from performing in their community based the enacted Municipal Ordinance section 355-20.
Jeffrey believes that the government secured his conviction unlawfully by suppressing evidence, that there was no evidence that supported Jeffrey’s account. The government countered by saying that the suppressed evidence was crucial to his ability to defend that non-factual members were at the crime scene and that many of those items were found under finger nail tips and other critical locations would logically be viewed as signatures left by the murders. The FBI lab releases a list of examined evidence, the debris from the club was wool black fibers not pajama top wool fibers. Murtagh proclaims he did not know about the fibers and signs an affidavit swearing so. In 1986 Beasley gives a statement of facts to Ted L. Gunderson.
The state of Georgia passed a law that requires all whites living in Cherokee territory be required to apply for a license to live there. Samuel Worchester: Missionary to the Cherokee Indian Samuel Worcester and 6 other whites were convicted by the state of Georgia for residing in Cherokee Indian territory without a license. Samuel Worchester argued that the state of Georgia has no authority to pass laws regulating activities within the Cherokee nation because the U.S has made treaties with the Cherokees and identified them as a sovereign nation. He also stated that the Georgia Law violated the Intercourse Act and Indian Trade. The Georgia court ruled out Worchester’s plea and sends him to 4 years of hard labor.
In particular anti-harassment policies. Any employer who has not updated its anti-harassment policies since the United States Supreme Court decision in Burlington Industires, Inc. v. Ellerth and Faragher v. City of Boca Raton should do so promptly (Mautner, 2000). In Hafford v. Seidner the courts recognized that the overall harassment experienced may not have been based exclusively on his race but also on hostility to him as a ‘black Muslim.’ They showed that the theory of hostile-environment claim is that the cumulative effect of ongoing harassment is abusive. In this case the courts realized that even though the harassment was not all based on race, it was caused by their bias against his religion. All anti-harassment policies should include language prohibiting harassment on the basis of all protected categories and provide an easy to use complaint
Cindy Lopez College Composition II Unit 6 Project Kaplan University Final Essay Florida Sunpass system SunPass system was mainly created to avoid traffic in the Florida highways like 826, 874, I95, 595, I75, between others. Apparently the new electronic payment method is only creating a chaos in the community. Since 2008, the state has suspended 3.8 million driver's licenses in the state of Florida with a high percentage caused by SunPass violations (Deeson, 2011). This system is composed by three state agencies which are: SunPass, Miami Dade Expressway Authority and their collection agency called Law Enforcement. The lack of communication between the agencies is the main reason why residents are not receiving bills on time and getting
Many communities attempted and failed to successfully implement such laws, resulting in lawsuits and subsequent repeal of newly adopted laws. The courts recognize panhandling as a protected form of free speech (CCB v State, 1984). Therefore, laws restricting panhandling are viewed as an unconstitutional infringement on free-speech. An anti-panhandling ordinance proposed in Miami, Florida offers another stance on the constitutionality of such ordinances. The city of Miami lobbied for the application of the “secondary effects” test when evaluating like laws.
But first the defendant must be able to show that the trial court acted improperly on a question of law. It can include the introduction of tainted evidence by the prosecution or faulty jury instructions. About 17% of criminal convictions are appealed. If the jury finds the accused not guilty, the prosecution cannot appeal to have the decision reversed because it would interfere with the defendants 5th amendment rights against multiple trials for the same offense, which is known as being tried a second time for the same crime also called double jeopardy;” the state is not allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense, and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that though innocent he may be found