Clause

Scholars and city planners who are against exclusionary zoning due so primarily on the grounds of the equal protection clause of the Fourteenth Amendment and the due process clauses of the Fourteenth and Fifth Amendments. State and federal courts are willing to respond to arguments that local zoning powers have egregiously undermined the socioeconomic opportunities for low-to-moderate income individuals because they limit affordable housing across metropolitan jurisdictions, particularly across…

The United States Constitution prohibits both the legislature and states from implementing ex post facto laws. The ex post facto clause, found in section 10 of Article I, provides that, “no State shall pass any ex post facto law” (Gaudet 2003, 646). A similar provision, in the ninth section of the same article, applies the same prohibition to congress. It is evident that ex post facto laws were largely condemned by the framers of our government and were intended to be unachievable under our…

with diabetes, that the client has a dad who has had two heart attacks in the last year, and that the client has three potential cavity sites. Currently, the client has a 20/80 clause, a $10 co-pay for prescriptions and doctor’s visits, and a single person’s $200 out-of-pocket deductible for his medical insurance. A 20/80 clause signifies that the client has to pay for 20% of the bill while the insurance company covers the other 80% of the bill. The $10 co-pay for prescriptions and doctor’s…

As a previous post has discussed, non-compete agreements are a contract clause that Texas employers may use to prohibit workers from working for their competitors after leaving their employment. Sometimes, however, issues may arise when employers seek to enforce such covenants. Therefore, it behooves business owners to understand when covenants not to compete are enforceable to help ensure that these clauses are structured appropriately. In general, there are certain requirements that must be…

Court solves this problem by interpreting the First Amendment clauses like the establishment clause. In the late 1970s the Lemon test was born, a three-pronged test to determine the constitutionality of state aid to religious events, groups, and even schools. In schools, a forced public prayer is unconstitutional, however, privately praying is not and allowable during school hours and functions. Furthermore, the free exercise clause protects the countless religious observances and practices…

The case in question is Barclays Capital Inc. v. Theflyonthewall.com. Inc. To summarize, Theflyonthewall.com was under fire from Barclays Capital for collecting financial recommendations from financial institutions and publishing them online before the instructions themselves made the information public. The law stated that facts and non-original expression was not protected by copyright law. Because these were just suggestions, not creative expression, they were not eligible. However, it was…

Supreme Courts decision overturned a Texas abortion law and make abortion legal in the United States. Now at the time, abortion was considered a common crime in the United States. The court ruled that it was a woman's right, under the Due Process Clause of the 14th Amendment, to decide to have an abortion for any reason during the first trimester without any legal restrictions. However during the second and third trimester there would be legal restrictions. The only way to have an abortion…

The U.S. legal system can be very complex and confusing to someone not in the legal profession and requires many years of study and practice to be proficient at applying its principles. Even though it is difficult to grasp all the aspects involved in the different facets of the law as it pertains to business, understanding at least the basics of contract law is vitally important for managers and business owners because they will most likely be dealing with contracts on a regular basis in order…

In the Supreme Court Case of Reed v. Reed, 1971, The Extent of Equal Rights, two parents sought the ownership of their deceased sons estate. Richard Lynn Reed was still a minot when he passed without a will addressing which of his possessions would go to whom, both of his parents, Cecil and Sally Reed, made advances to claim their adoptive sons land. Both Cecil and Sally filed applications to become the administrator of the estate to the Idaho court, who then held a joint hearing for them. The…

Peter: Welcome back to your bi-weekly dose of Colonial News! Parker: Yep! We’ve got quite the story for you guys today! Peter: After a gruelling 2.5 years, the Declaration of Independence was finally passed through Congress! Parker: When the Revolutionary War started, our Congressmen met at Liberty Hall for the Second Continental Congress and worked hard to get this passed. It didn’t seem like a daunting task at first, but then they decided that any vote for independence had to be unanimous…