The case that has been chosen for the final project and this case decision is Bidwell V. McSorely. 194 Va. 135, 72 S.E.2d 245 (1952). This case was decided in the Virginia Supreme Court by the honorable judges Kearney, Whittle, Hudgins, Eggleston, Sprately, Buchanan, and Miller. For a little background on the case it started by the birth mother Viola McSorely, a twenty-nine year old, unmarried, trained nurse gave birth to a baby boy at 8:42 a.m. on August, 29, 1950. She later that evening signed the consent to adoption between seven and eight p.m.…
The Third Circuit affirmed the district court ruling. A Fourth Amendment seizure requires restraint of a person’s freedom of movement by physical force or show of authority. The seizure of a police officer depends on whether the order is issued in the police department’s capacity as an employer, or in its role as the law enforcement arm of the state. The Third Circuit recognized whether a police officer would reasonably have perceived his superior officer to be issuing orders as his supervisor or as a law enforcement agent will not always be clear.…
Katherine Godfrey applied to be a firefighter for the city of Chicago. After going through a physical test she was denied, due to the written application. Katherine believed that was discriminating, based on gender. A similar case was ruled in 2002.…
I agreed with Dr. Mello when he stated that, by Spadowski hiring only 10 Hispanic Americans might open doors to litigation issues. The reason is according to the 4/5th rules, a test for adverse impact states that each group’s rate within a class must be higher than .80 or 80 %. Spadowski needed to hire a total of thirty new employees. He ended up hiring 20 White Americans out of the 30 new employees, while hiring 10 Hispanic American out of the 30 new employees. The calculate odd ratio of Hispanic employees to White American employees is 49% 49% is less than 80%, which would be considered an adverse impact, the employer unintentional discriminated against a particular group, which might lead to law suit or big litigation risk against the employer(p.269-270).…
Scenario One In this scenario where the internist was upset and raised his voice, because the radiologist did not inform him of his diagnosis earlier in the week. As the manager I would inform him that raising his voice never solves anything and then I would use the accommodation style since it deals with playing down all of the differences to come up with a satisfactory way to resolve the issues and concerns that the internist has expressed with the radiologist. Scenario Two In regards to this scenario where the senior manager of the HMO team needs to be more diversified and getting complaints of racism, because of different races.…
This website is focused on the 4th amendment of the constitution. The front page of the website displays the quote of the 4th amendment. The website displays recent news in law that pertains to the 4th amendment. It provides a paragraph long summary about the case and how it affects the amendment. Any case that is relevant to search and seizure is provided on the front page.…
The Seventh Circuit, in Miller, 721 F.3d 435, 440 (7th Cir. 2013), found that the risks associated with mere possession of a short-barreled shotgun are not in the same league as the risks associated with the enumerated crimes. The court aptly pointed out that “[e]ven though a short-barreled shotgun is quite dangerous, its real risks will almost always manifest only when used or carried in a manner causing others to react.” Id. The Miller court explicitly rejected the Eighth Circuit’s reasoning in Vincent, and adopted the reasoning of the Eleventh Circuit in McGill.…
Although this is may seem counterintuitive to the applicants: not everyone will get treated equally during selection. This is not fair by any means. But as people in key positions…
This argument affects the merit of the company. If a company were only to be worried about not discriminating against a minority group, then they would tend to lean back from hiring the white male and would hire, for example, the African American female. But while doing this, if the white male were to be more qualified for the job, then that is an argument of merit. Members of a historically discriminated group are in effect not necessarily victims; consequently, compensation is not necessarily owed, in this case, hiring the African American female. Hettinger has a list of reason of how failing to hire the most qualified person is unjust.…
In the United States v. Leon case, the Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. Pp. 905-925. (United States v. Leon, (1984) No. 82- 1771.)…
Question 1: Discuss the arguments for and against the exclusionary rule. Be sure to provide examples and explain your position on the exclusionary rule. Answer: The exclusionary rule is “A judicial rule that makes evidence obtained in violation of the U.S. Constitution, state, or federal laws, or court rules inadmissible” (Gardner & Anderson, 2016, p. 214).…
Next, the people who worked in the courts were discussed. It is stated that most promotions within a law firm and court are decided by white males; thus, minorities are extremely unlikely to receive promotions or jobs in the first place. It is…
The biggest problem with racial profiling is whether inequality of treatment creates discrimination. In that respect, the issue mirrors numerous other debates in American life and constitution. The disparity can occur at various levels of police-initiated contact with civilians. The most basic level takes place in the act of being chosen for a police inquiry into a law violation. While vehicle stops are almost always supported legally by a threshold level of probable cause, such as a breach of the motor vehicle code, however trivial, the greater issues connect upon matters that occur after the stop.…
Mr. Harvey Stanton has a bit of a dilemma on his hands. He owns and founded The Stanton Title Insurance Company. He founded the business in 1964 and it has been going strong for some time now. Mr. Harvey has noticed a decline in the workload and work quality seen by five employees. On top of that, a competing firm has just opened a new location and is taking a good bit of Mr. Harvey’s business.…
Answer: Yes, Bo would be entitled to recover his $1,000 payment plus the $150 cost of clearing the land. He has the option to rescind his contract. Also, Sadia had knowledge and consent that Bo was going to had Lot No. 2 cleared of brush. Therefore, he should be able to get the money back for the cost of clearing the land. (g) Assume that on March 1.…