Mcmurlay And Clark Land Case Summary

Did the union violate Title I, Section 101(a) of the Landrum-Griffin Act in this case? If so, what should be the appropriate remedy?

Facts: Stephen R. Newton (Newton) was an employee of Henderson City as a police officer. Newton had been assigned to the DEA in October 1987 until he resigned in 1991. Newton claims he was not compensated for all the overtime hours he worked as a Task Force Officer. The city of Henderson entered an agreement with the DEA to remain Newton’s employer consequently rendering them responsible for “establishing the salary benefits including overtime of the Henderson Police Department officer assigned to the Task Force, and making all payments due.” Prior to 1990, Newton had not received authority from the City to work any overtime.

The collective bargaining agreement between the National Hockey League and the player’s association stipulates that arbitration must be used initially in order to resolve disputes relating to salary, grievances, and system. A case that did a good job of demonstrating the authority of the collective bargaining agreement’s stipulation of an arbitration clause was McCourt v. California Sports, Incorporated. In this case plaintiff signed a National Hockey League Standard Players Contract to play professional hockey with defendant team. After defendant picked up a free agent from another team, the other team proposed that plaintiff's contract be assigned to it as compensation. An arbitrator agreed and plaintiff's contract was assigned. Plaintiff filed suit alleging that the reserve system and the assignment of his contract as compensation for the free agent violated § 1 of the Sherman Act, 15 U.S.C.S. § 1 (1976). The district court entered a preliminary injunction restraining defendants, hockey league, team, and players' association, from enforcing the arbitration award and from penalizing plaintiff for refusing to

McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was

Procedural History: A wrongful death lawsuit was filed by Diane Geringer due to the drowning deaths of both William and Jared Geringer. The trial courts found that the defendants (Mr. Waters and Les Bretzke), were negligent in their duties while the family were vacationing at the Wildhorn Ranch.

Matthew D. Mills, Attorney at Law, LLC is a law firm that is located in Hillsboro, Oregon. Matthew D. Mills, Attorney at Law, LLC is adept in bankruptcy, consumer protection, DUII, and family law. Their family law areas of practice include divorce and separation, custody and parenting time, and child and spousal support. Attorney Matthew D. Mills, Esq. graduated from the Seattle University School of Law in December 2008. Attorney Matthew D. Mills, Esq. passed the bar exam in February of 2009. Since then, he has been involved in the fields of bankruptcy, family law, estate planning, and other civil law. Matthew D. Mills, Attorney at Law, LLC offers a free case evaluation. Matthew D. Mills, Attorney at Law, LLC is a proud member of the National

This assignment is meant to explore the landmark Supreme Court decision Mapp v. Ohio. It is the purpose of the essay to examine the facts of the controversy, the arguments offered by the petitioner, and discuss as well the Supreme Court's ruling and its possible impact on precedent. The analysis will conclude with my commentary and opinion in regard to the Mapp decision.

The facts of the case in Deshaney V. Winnebago County (1989) start with Joshua Deshaney’s mother suing Winnebago County’s Department of Social Services. Joshua Deshaney lived with his abusive father. Joshua’s father beat him so bad that he ended up with serve brain damage. The damage was so bad that Joshua is now permanently mentally disabled. During the time that Joshua lived with his father and endured the abuse the Winnebago Department of Social Services was made aware of the abuse and has several complaints about the abuse Joshua endured. They Winnebago Department of Social Services said they did everything in their power to protect Joshua. They did not however remove Joshua from the fathers care/home therefore the mother of Joshua Deshaney

In chapter one, the difference between the three types of crimes in Canada were discussed: summary, indictable, and hybrid offences. Summary offences take place in provincial/territorial court, and and the maximum penalty fine is six months in prison, five thousand dollars, or both. An example of a summary offence is soliciting in a public place, or carrying a weapon while attending a public meeting. An indictable offence is one that is much more severe. The sentences given are much more serious. Crimes considered an indictable offence include manslaughter, robbery, and aggravated sexual assault. A hybrid/dual offence could include sexual assault, theft under five thousand dollars, or unlawful imprisonment.

The Whatcott’s case against Saskatchewan (Human Rights Commission) is a one of the most recent case that emphasized on the issue of “hate speech” and “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. In Whatcott’s case, four complaints were filed with the Saskatchewan Human Rights Commission about the four flyers published and distributed by William Whatcott. In the four flyers, William Whatcott expressed and emphasized strongly on religious convictions against homosexuals. He consistently campaigned against homosexuality, Islam and abortion in Saskatchewan and unfortunately, Whatcott included phrases such as “Keep Homosexuality out of Saskatoon’s Public Schools!” and “Sodomites in our Public Schools”(Criminal case) which can be seen as the hate speech in the flyers.

Robin Blencoe was a minister of the British Columbia government who was accused of sexually harassing his assistant, Fran Yanor in March 1995. In the Blencoe v British Columbia (Human Rights Commission case) h became the respondent in the case. Once he was accused, Blencoe stepped down from his position and a month later he was removed from his cabinet by the premier. Along with this, he was dismissed from the NDP caucus. Four to five months later, Blencoe was yet again faced with two complaints of “discrimination conduct in the form of sexual harassment” (Westcoastleaf, page.2) by two other women who were employees of Blencoe named Andrea Willis and Irene Schell. There were various incidents that took place in between March 1993 and March

In relation to his sentencing, Clark also appealed the use of aggravating circumstances. New Mexico capital sentencing procedures required that a jury unanimously find beyond a reasonable doubt at least one aggravating circumstance as outlined by NM Stat § 31-20A-5, in order to apply the death penalty. In Clark’s case, the jury found two aggravating circumstances that applied, NM Stat § 31-20A-5(B); murder during the commission of a kidnapping, and NM Stat § 31-20A-5(G); murder of a witness to a crime to prevent the reporting of that crime. Clark argued that the State was counting the same aggravated circumstance twice, as the two were so closely related, it was impossible to have one without the other. The court rejected this claim, stating

The people of the United Stated were against the Federal government establishing banks and completing with state and local banks; however, the Second Bank of the United States was opened (McCulloch V Maryland 1819). The State of Maryland decided to place taxes on the federal bank at the sum of $15,000; therefore, the case of McCulloch v Maryland was originated (McCulloch V. Maryland 1819)

In the decision of the Miller V Oregon case the supreme court recognized the need for facts and not only legal arguments to establish the judgement of social legislation. Louis Brandeis the chief counsel for the state of Oregon used social science data to prove the judgement of Oregon's law to restrict the hours a woman could

Walter McMillian filed a petition after spending six years in prison. He had been convicted and facing a death row at Alabama State. On 1986, Ronda Morrison was murdered in Monroe County. Walter McMillian and Ralph Myers were convicted for this murder. Myers pleaded guilty to a lesser offence presented at court and also testified against Walter McMillian. Walter was convicted for capital murder and was sentenced to death. The murder conviction was reversed, after the petition had been filed, on the grounds that the state had excluded exculpatory evidence.