But a federal law enforcement agency called EEOC (Equal Employment Opportunity Commission) has the power to file discrimination suits against employers on behalf of alleged victims and to arbitrate claims of discrimination faced. This questions what importance and significance the employment contract holds where it’s clearly stated that all disputes are to be handled by binding arbitration. This could mean that the employer can face arbitration with the employee and litigation with EEOC that violates the original contract. Also, EEOC has the authority to decide which claim is appropriate and which claim serves public interest and I don’t agree with that 100%. In this official legal analysis paper, I would like to evaluate EEOC vs. Waffle house, which is the back bone of my paper along with my analysis and vision and EEOC’s outlook on importance of contracts with the help of their trial attorney.
Unit I Case: Sackett v. EPA (2012). Anonymous Anonymous Facts: Michael and Chantell Sackett & Environmental Protection Act are the parties within the lawsuit disputing if the Sacketts are responsible for violating the Environmental Protection Act (Sackett v. EPA 2012). The disagreement was over the Sacketts challenging the issuance of a citation from the EPA because the Sacketts were violating the Clean Water Act by placing field material on the property. The Clean water act forbids the dumping of any contaminants by anybody without the proper certification permitting the discarded materials to be dumped in a body of water (Sackett v. EPA 2012). The Sacketts did not believe that their property violated the Clean Water act, requesting a hearing with the EPA, which was denied by the United States District Court for the District of Idaho (Sackett v. EPA 2012).
Case 19-1: Massachusetts v EPA Facts: A group of 19 private organizations filed a petition asking EPA to regulate “greenhouse gas emissions from new motor vehicles under the Clean Air Act. Petitioners maintained that greenhouse gas emissions have accelerated climate change and that carbon dioxide is the most important contributor to climate change. EPA denied the petition, claiming that the Clean Air Act does not authorize the Agency to regulate greenhouse gas emissions. Even if it did, EPA argued, the Agency had discretion to defer a decision until more research could be done on "the causes, extent and significance of climate change and the potential options for addressing it." Massachusetts, other states and private organizations filed suit
The Courts of Appeals which was vacated and the case were remanded for further proceedings. The justifications that the Supreme Court gave for its decision where as follows: That Raich’s physician could not provide evidence that Raich “cannot be without marijuana as medicine” because without it she would suffer quickly or she may even deteriorate and could very well die. The Supreme Court also stated “in Gonzales v. Raich that Congress acted within the bounds of its Commerce Clause authority when it criminalized that the purely intrastate manufacture, distribution, or possession of marijuana in the Controlled Substances Act I feel that it was because the caregivers where the ones growing it because Ms. Raich could not do it herself because was confined to a wheelchair. That there is no Tenth Amendment violation in this case where Ms. Raich stated that her rights of the Tenth and Ninth among other Amendments were violated. The Supreme Court also stated “that even
Illegal Mexican Immigrants Raven Reed Dr. Stephen Kenealy PAD 590 D R P June 3, 2012 Introduction This section will detail how and what immigration laws and policies the United States are using to help reduce or control the problem of illegal immigration. There are many regulation, policies and laws in place to help prevent, limit or eventually stop illegal immigrants from migrating to America. The impetus of illegal immigration deterrence starts with efficient and effective of immigration laws and regulations. Senate Bill 1070 (Arizona), Proposition 187 (California) and Hammon-Beason 56 (Alabama) are just some of the controversial immigration bills designed to help stop the flow of illegal immigrants from migrating to America primarily focusing on illegal Mexican immigrants. Both articles are detailing laws and regulation on the issue of illegal immigration whether or not the laws are created by the state or federal government.
The commerce clause refers to Article I, Section 8, Clause 3 of the United States Constitution. This section of the Constitution gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes (Cornell University Law School, n.d.).” This has been used in past court cases when states attempts enact statutes that burdens interstate commerce. The courts will evaluate if the other 49 states have any regulations on their truck hitches. How much it will cost the truckers to make change to these new truck hitches. The courts would also look into what the burden would be on the truckers to switch the hitches at the border of Confusion and what the burden would be for the truckers to have to avoid Confusion all
If Pat does files a suit of wrongful discharge, we will be able to argue that he was fully aware of the at will employment policy. If he argues that reception of the personnel manual is an implied contract, we will have precedent from the Dillon v. Champion Jogbra, Inc. case, 819 A.2d 703 (Vt. 2002), in which the judge ruled that it was not a breach of contract when another company fired an employee without cause (Jennings, 2006). In this same case the judge argued that it is the right of the company to modify the employee agreement (or personnel manual). Our personnel manual is ambiguous (as are most manuals). Any attempt to challenge the at will status will be difficult because it will most likely be left up to the interpretation of the judge or
( articles.latimes.com) In the case they brought up the Clean Water act in which its suppose to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. (www.epa.gov). But how they used the act they tried saying that it was also used for rivers and bays as well. The U.S. 9th Circuit Court of Appeals held the county responsible for the overflowing of the ground water that flowed pasted the monitor making it illegal "discharge" of pollution. ( articles.latimes.com).
In addition, the lawsuit would also require Olin to compensate the plaintiffs for their loss of income. The government, specifically the Justice Department, also used the courts in order to force Olin to accept responsibility for the DDT dumping around the Redstone Arsenal. Their motive was to force Olin to clean up the DDT in the Huntsville Spring Branch at Olin's expense. Also, Olin would have to arrange and pay for medical services to the people contaminated with DDT. (The Washington Post,
http://abcnews.go.com/http://abcnews.go.com/ Judge: California Mistreating Mentally Ill Inmates Judge says pepper-spraying, isolation violate rights of mentally ill inmates in California By DON THOMPSON The Associated Press SACRAMENTO, Calif. A federal judge ruled Thursday that California's treatment of mentally ill inmates violates constitutional safeguards against cruel and unusual punishment through excessive use of pepper spray and isolation. U.S. District Court Judge Lawrence Karlton in Sacramento gave the corrections department time to issue updated policies on the use of both methods but did not ban them. He offered a range of options on how officials could limit the use of pepper spray and isolation units when dealing with more