Free Essays on Gibbons vs. Ogden

Gibbons vs. Ogden In the court case Gibbons vs. Ogden, the Supreme Court reviewed the commerce power held by Congress. The Supreme Court decided that commerce was not simply defined as traffic or the mere buying or selling of goods. Justice John Marshall explains the commerce clause as, â€Å"Commerce undoubtedly is traffic, but is something more – it is intercourse. It describes the commercial intercourse between nations, and part of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse† (McClenaghan 265). Woodrow Wilson once described the Supreme Court as a constitutional convention in a continuous session. In a constitution convention, the Constitution was written and interpreted. In the Supreme Court case Gibbons vs. Ogden, the Supreme Court uses the power of judicial review to interpret a part of the Constitution, this shows the relationship between a Supreme Court and Constitutional Convention. The laws of New York granting to Robert R. Livingston and Robert Fulton the exclusive right of navigating the waters of that State with steamboats are in collision with the acts of Congress regulating the coasting trade, which, being made in pursuance of the Constitution, are supreme, and the State laws must yield to that supremacy, even though enacted in pursuance of powers acknowledged to remain in the States. The power of regulating commerce extends to the regulation of navigation. The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States. It does not stop at the external boundary of a State. But it does not extend to commerce, which is completely internal. The power to regulate commerce is general, and has no limitations but such as is prescribed in the Constitution itself. The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and a State.A licens e unde... Free Essays on Gibbons vs. Ogden Free Essays on Gibbons vs. Ogden Gibbons vs. Ogden In the court case Gibbons vs. Ogden, the Supreme Court reviewed the commerce power held by Congress. The Supreme Court decided that commerce was not simply defined as traffic or the mere buying or selling of goods. Justice John Marshall explains the commerce clause as, â€Å"Commerce undoubtedly is traffic, but is something more – it is intercourse. It describes the commercial intercourse between nations, and part of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse† (McClenaghan 265). Woodrow Wilson once described the Supreme Court as a constitutional convention in a continuous session. In a constitution convention, the Constitution was written and interpreted. In the Supreme Court case Gibbons vs. Ogden, the Supreme Court uses the power of judicial review to interpret a part of the Constitution, this shows the relationship between a Supreme Court and Constitutional Convention. The laws of New York granting to Robert R. Livingston and Robert Fulton the exclusive right of navigating the waters of that State with steamboats are in collision with the acts of Congress regulating the coasting trade, which, being made in pursuance of the Constitution, are supreme, and the State laws must yield to that supremacy, even though enacted in pursuance of powers acknowledged to remain in the States. The power of regulating commerce extends to the regulation of navigation. The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States. It does not stop at the external boundary of a State. But it does not extend to commerce, which is completely internal. The power to regulate commerce is general, and has no limitations but such as is prescribed in the Constitution itself. The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and a State.A licens e unde...

A Basic Lesson in Latin Prepositions

A Basic Lesson in Latin Prepositions In his 19th century book on prepositions in Latin, Samuel Butler writes: Prepositions are particles or fragments of words prefixed to nouns or pronouns, and denoting their relations to other objects in point of locality, cause or effect. They are found in combination with all the parts of speech except interjections....A Praxis on the Latin Prepositions, by Samuel Butler (1823). In Latin, prepositions appear attached to other parts of speech (something Butler mentions, but is not of concern here) and separately, in phrases with nouns or pronouns prepositional phrases. While they can be longer, many common Latin prepositions are from one to six letters long. The two vowels that serve as single letter prepositions are a and e. Where Butler says the prepositions help denote relations with other object in point of locality, cause or effect, you might want to think of prepositional phrases as having the force of adverbs. Gildersleeve calls them local adverbs. Position of the Preposition Some languages have postpositions, which means they come after, but prepositions come before the noun, with or without its modifier. Ad beate vivendumFor living happily has a preposition before an adverb before a gerund (noun). Latin prepositions sometimes separate the adjective from the noun, as in the graduation honor summa cum laude, where summa highest is an adjective modifying the noun laude praise, and separated from it by the preposition cum with. Since Latin is a language with flexible word order, you may occasionally see a Latin preposition following its noun. Cum follows a personal pronoun and may follow a relative pronoun. Cum quo or quo cumWith whom De may follow some pronouns, as well. Gildersleeve says that instead of using two prepositions with one noun, as we do when we say its over and above our duty the noun will be repeated with each of the two prepositions (its over our duty and beyond our duty) or one of the prepositions be turned into an adverb. Sometimes prepositions, reminding us of their close relationship with adverbs, appear alone without a noun, as adverbs. The Case of Nouns in Prepositional Phrases In Latin, if you have a noun, you also have a number and case. In a Latin prepositional phrase, the number of the noun can be either singular or plural. Prepositions almost always take nouns in either the accusative or ablative case. A few prepositions can take either case, although the meaning should be at least subtly different depending on the case of the noun. Gildersleeve summarizes the significance of the case by saying the accusative is used for whither? while the ablative is used for whence? and where? Here are a few of the common Latin prepositions divided into two columns depending on whether they take the accusative or ablative case. Accusative Ablative Trans (across, over) Ab/A (off, of from) Ad (to, at) De (from, ofabout) Ante (before) Ex/E (out of, from) Per (through) Cum (with) Post (after) Sine (without) Those single vowel prepositions can not appear before a word starting with a vowel. The usual form is the one that ends in a consonant. Ab can have other forms, like abs. There are subtle distinctions between several of these prepositions. If you are interested, please read Butlers work.

Internation Disputes Essay Example | Topics and Well Written Essays - 4500 words

Internation Disputes - Essay Example This essay will include elaborate details of the topic along with a discussion on settlement and the role of mediation for settling disputes. A critical analysis of the significance of the entire process supported by structured examples will also be discussed. The applicability of the concept takes place on the individuals, state level and regional and international level for resolving conflicts. In other words, the concept is applicable in resolving the conflicts amongst the individuals, independently amongst the states or regions of a country or amongst different countries functioning on the face of the earth. This concept is used by the regulators under the light of laws and legislation so that the problems can be resolved and a consensus can be formed between the aggrieved parties. Under this concept, several examples can be found which shows various peace treaties which have taken place between the nations. Examples of such treaties are Bulgaria, Hungary, Romania, Iran, Pakistan , Argentina, Chile etc. Nearly all countries have been under treaties for resolving the issues and finding methods for resolving issues which arise internally. There are two methods using which the conflicts are resolved. One is the direct method and other is the indirect method. Both methods are applied after understanding and analyzing the complexities of the situations. Different methods have been proposed for resolving the conflicts along with different settlement methods3. Different methods will be discussed and analyzed as per the changing and varying situations as they arise. DEFINING INTERNATIONAL DISPUTES The concept of international disputes highlights the fact that the problems which arise between the nations must be resolved. This will ensure progress and stability in the entire environment and bind the nations in complying with the set standards4. â€Å"International disputes can be defined as a disagreement which arises between the states and impacts on the relations maintained between the states.5† The contemporary international law forbids the nations from the use of force or threats and impacts on the relation between the states. There are organizations which ensure that the conflicts and the disputes amongst the nations are resolved in a peaceful manner6. This can be settled on the basis of accords developed between the states. The principle of the state is managed, and resolutions are proposed using the UN charters, Pact of the Arab League, the Charter of the Organization of African Unity and the declarations proposed on the Principles of International Laws which are concerned directly with the friendly relations amongst the states. All these propositions are made in the light of the UN charter. Understanding this fact it can be concluded that United Nations plays a significantly prominent role in resolving conflicts. The international law does not provide precise methods for resolution of disputes. This is because the solution which is provided shall vary with the upcoming issues. The propositions for resolving the conflicts in the UN charter suggest negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement and setup an environment for proposing the issues which arise. The peaceful methods for resolving the international disputes include various methods include investigation and commissioning of the factors which have led to this problem. Direct negotiation methods

A Project Over Constructing A Bridge Essay Example | Topics and Well Written Essays - 750 words

A Project Over Constructing A Bridge - Essay Example Concrete and steel were the most popular choice on constructing a bridge. Other materials to use include iron, stones, wood, and plastics. The stones are useful in handling the compression forces. Wood, iron, and plastics were only to be used to support the bridge when the construction took over. Steel is more like an iron but has high strength in both tension and compression. Steel is a ductile material where it can be shaped or bent into different forms, unlike an iron that is brittle, meaning it can break suddenly. Steel also deflects or yields before failure. That was why they preferred using steel rather iron, though it is expensive.Concrete was the second relevant material that was to be used. Cement is made of limestone and clay. Cement is a component required in making the concrete. Cement was mixed with water, and the aggregate comprising coarse and fine aggregates and hardened to a mass called concrete. The concrete is a versatile material and was easily shaped into differe nt forms of the bridge setup. The concrete was not made very strong in compression because it would very weak in tension; instead, the steel was embedded into the concrete to handle the tensile forces. The mixture of concrete with embedded steel was referred to as the reinforced concrete. Typical material properties that were usedThe structural engineers used material properties when they were designing bridge members. They considered the stress, strain, Young’s modulus and compressive strength of the material.

Managment case Essay Example | Topics and Well Written Essays - 750 words

Managment case - Essay Example Also, by developing a vertical hierarchy where the plant manager is the ultimate authority with multiple layers of management reporting directly to this role, legitimate power through authority is developed effectively. Joined with more visibility among influential players in the business as well as the production staff, this provides more legitimacy and shows off expertise as a means to gain power and control. Doing this will also develop more name recognition for the plant manager among all different layers of authority and subordinate work teams as a means to increase power. Even though the plant management team seems to be on-board with all of the changes being discussed in private management meetings, they are not accomplishing the goals that have been laid out related to productivity and quality standards. The manager needs to develop retribution tactics against the plant management team, from Engineering through to Quality Control in order to ensure that new controls are being developed to meet standards. This can be done either through direct coercion or through intimidation. The plant manager is new in this role and only 33 years of age, therefore there are many opportunities for other seasoned managers to resist change, a common situation in this type of industrial environment. By transforming requests into direct threats, such as I will punish you if you do not meet my expectations, the plant manager sets up a punishment system or can also reward based on meeting productivity and quality targets. Retribution provides quick and immediate results by indicating that there will be consequences if the goals are not achieved, something that must be done at River Woods. However, in relation to the absentee problem, the plant manager can also rely on the close interpersonal relationships between the management team and the production workers

Actus Reus Notes Essay Example for Free

Actus Reus Notes Essay Provides a link between the initial act of the D and the prohibited consequence that has occurred. It forms part of the AR: It is not enough that the prohibited consequences has occurred, it must be caused by the D. * Established by a two-stage test: 1. Factual causation: Only basis, establish a prelimartary connection between act and consequences D’s act must be a sine qua non of the prohibited consequence(consequences would not have occurred without the D’s action) ’But for’ the D’s action, the consequences would not have occurred Case: White : D wanted to kill her mother with a poison drink but the mother die before the poison drink took effect. LP: The D’s mother would have died anyway but for D’s action, thus he is not the factual cause of death, but he is charged with attempted murder. 2. Legal causation: Chooses the blameworthy a. Case: Pagett To avoid arrest, D used his girlfriend as a shield and firmed at armed police. The police fired back and killed the girl. LP: D’s act need not to be the sole cause of death provided it is a cause that has ‘contributed significantly to the result’ as he sets in motion the chain of events that led to death and it was foreseeable that the police would fire back. D is the most blameworthy Intervening Act: Something that occurs after the D’s act that breaks the chain of causation and relieves the D’s responsibility for the prohibited consequences. Circumstances will only break the chain of causation if they are: a) An overwhelming cause of death b) An unforeseeable occurrence Case that BREAK the chain: Jordan: D stabbed the victim and his wound was healed by the time V arrived to the hospital but he died following an allergic reaction to the drugs given by the hospital. LP: D not liable as the original wound was healed and the treatment was ‘PALPABLY WRONG’ (Obvious) to break the chain of causation. Case that DOESN’T BREAK the chain: Cheshire: D shot the victim in the leg and stomach, where when in hospital V suffered from respiratory complications and die after an operation that the hospital performed a poor standard of care and failed to recognise his wounds. LP: The need for operation flowed from the D’s original act thus he remained liable, the treatment has to be ‘PALPABLY WRONG’ (obvious) to break the chain of causation. Intervening Act falls into 3 categories: 1. Acts of the Victim 2. Acts of Third Parties 3. Naturally Occurring events 1. Acts of the Victim Roberts: D interfered the V’s clothing in the car, causing the V to jump from the moving vehicle and resulted in serious injuries from the fall. LP: It was foreseeable that the victim would have attempted to escape and could be injured in doing so. Chain of causation will only be broken if the V’s action is extreme and unforeseeable. *Only EXTREME ACTS would break it? Consider Thin-Skull rule: *Thin-Skull Rule: EXCEPTION to the rule that D is only liable to the foreseeable consequences of his actions D is liable for the full extent of V’s injuries even if, due to some pre-exisitng condition, the V suffers greater harm as a result of the D’s action than the ‘ordinary’ V would suffer. Cases: Blaue D stabbed the V and punctured her lung, but V refused a blood transfusion as it was contrary to her religion, resulting in death. LP: D convicted of manslaughter as it was held that the rule was not limited to physical conditions but included an individual’s psychological make-up and beliefs. 2. Act of Third Parties Consider: 1. Significance of their contribution 2. Action is foreseeable? 3. Naturally-occurring events * Omissions: Liability only necessary if there is no culpable positive act. Statute: A duty of act only imposed by statute in a narrow range Contract: Case: Pittwood D contracted to monitor the crossing gates so no one is harmed by the train. He failed to close the gates and V was killed by the train. LP: A person under contract will be liable for the harmful consequences of his failure to perform his contractual obligation. This duty extends to those reasonably affected by omission, not just the other party to the contract. Special relationship Case: Gibbins and Procotor First D(Father) failed to provide food to his child who was starved to death. His liability was based upon his omission to fulfil the duty established by the special relationship of father/child. (The case continued:) Voluntary assumption of care Second D(Partner of the father): liable not based on the nature of relationship but because she had previously fed the child but had ceased to do so. * A Person cannot cast off duty to act that the voluntary assumption of care imposes. Dangerous situation Case: Miller D fell asleep while smoking a cigarette. It triggers the mat on fire, but when the D woke up he did nothing to save the fire but move to another spot to sleep. The House was damaged as a result. D argued that his mens rea was not developed at the time the actua reas of the event, dropping the cigarette, occurred. LP: D has created a dangerous situation which he then has the duty to save the fire. * MR arises and coincides with continuing AR. He was liable.

First Case Using DNA in the UK

First Case Using DNA in the UK No humans are exactly alike, and the DNAs are what constructs humans to be genetically unique. Using an extraordinary finding about DNA fingerprinting, a murderer of two 15-year-old in Leicestershire was successfully convicted. On November 21, 1983, Lynda Mann left her house to babysit for a lady down the road. While walking back home on a path called the Black Pad, Lynda was raped and strangled by a man. Her body was found the next morning. The story of Lynda Mann was discussed everywhere near the area and the people in the village were living in fear because the murderer was not found for quite a while. They suspected a man named Colin Pitchfork, a baker with 2 sons, but when asked about what he was doing on the night Lynda Mann disappeared, he answered that he was babysitting his child in his home. The case went cold. On July 31, 1986, another girl named Dawn Ashworth did not return home after taking a shortcut home. After two days, her body was found in a path called Ten Pound Lane. It was found out that she was raped, beaten and strangled. The two murders appeared to be done by the same person and the people believed now that the murderer was local. Richard Buckland, a 17-year-old boy with learning disabilities has been going around the murder scene of Dawn, telling people and the police that they were looking in a wrong spot. He was a local, working in a Carlton Hayes psychiatric hospital. He did not give a definite answer on what he was doing the night when Dawn went missing and so the police arrested him. After questioning, he admitted to the crime involving Dawn Ashworth but denied the murder of Lynda Mann. Thanks to the DNA profiling, it was found out that Richard Buckland was not the killer and Colin Pitchfork was arrested for the murders. This case is interesting because it is the first case where DNA fingerprinting was used to release and convict a person. Even though the village people had skepticism towards the new method of identifying a person, they all agreed to participate and that is how they could connect Colin Pitchfork with the murders. Now, DNA testing is used all around the world and is considered one of the most efficient way to identify a criminal. From Lynda Manns body, the police found and linked a semen sample to a person with a type A blood. They also found an enzyme profile that matched only 10 percent of males. No other evidence was found. Then, from Dawn Ashworths body, they found a semen sample that revealed the same blood type. However, the prime suspect, Richard Buckland, continued to admit to the murder of Dawn but deny the murder of Lynda. The police were sure that those two murders were committed by the same person because the modus operandi of the second murder matched that of the first. Modus operandi, which translate to modes of operation, is someones habit of working usually regarding business or crime. When the police felt that they needed extra help in discovering the murderer, they contacted Sir Alec Jeffrey, a researcher and a scientist at the university of Leicester. He discovered that human DNA produces a constant but unique patterns that can be used to identify one person and find out relationships between family members (Jeffreys, Thein, Wilson, 1985, p. 76). The first method used for DNA profiling involved RFLP analysis. A sample such as blood or semen is cut into small pieces by restriction enzyme. This produces thousands of DNA fragments of different sizes. Then, the fragments are sorted out by size by gel electrophoresis. After this, the fragments are transferred on to the nylon membrane. The process is called Southern blot. A radioactive DNA probe is added where it binds to specific fragments. Lastly, X-ray film is placed to detect the radioactive pattern. Using this method, he compared the semen sample collected from both victim, Lynda and Dawn, and found out that the murder was indeed committed by the same person. However, the prime suspects DNA did not match the DNA of the semen sample. The police had to let Richard Buckland go. To find the murderer, the police went on a man hunt and asked all the male in the village from ages 18-34 to voluntarily take a blood test so they could compare their DNA with the killers DNA. It was solely for elimination purposes. The man hunt was a slow process and the operation was massive. Just when the police were losing hope, everything turned around one day. On August 1, 1987, Ian Kelly, one of Colin Pitchforks, the man that was questioned for Lynda Mann few years back, fellow worker at the bakery, told his colleagues in a Leicester pub that he has gone to do the blood test instead of Pitchfork because he has asked him to. Pitchforks excuse was that he had already given his blood pretending to be a friend who wanted to avoid being questioned about a youthful conviction for burglary. A woman overheard what Ian Kelly said and called the police to report it. On September 19, 1987, Pitchfork was arrested. His blood and saliva matched the semen samples taken from the scene of two crimes (Ottawa, Ont, 1988). This could be seen from the pattern of the DNA. When the x-ray of both sampled are placed beside each other, you could see that the pattern of 2 bands were the same or similar in location. He eventually admitted to the murders and was sentenced to life imprisonment. The impacts that this crime had to the society is the fact that young women feel more vulnerable no matter where they are. They have to live in constant fear that they might be a victim of a rape or murder just because they were simply there (Siddle, 2015). Lynda Manns sister, Rebecca Eastwood has set up an online petition against releasing Pitchfork and it has passed 4,000 signatures. She fears that If released he will kill again and he will always be danger to the public (Siddle, 2015). The fact that he doesnt have to wait for girls to hunt anymore but simply go online and find girls on social media websites scares many people that he would commit the same crime but through an easier way. Rebecca has said that Pitchfork has effected her family, especially her mom. she has been strong and tough through out the years knowing that he is in prison. She does not know how her mom would carry on if he is released. This case forces law enforcements and government to prioritize security at night in pathways and roads. The government also has to make sure that young children are not walking by themselves late at night because they could get themselves in danger. This case has also proven that DNA fingerprinting is an efficient way to identify a person through blood, saliva, semen and so on. The people, who were not really sure if this method would work, were reassured after Colin Pitchfork was arrested that this way of testing worked and that this finding is revolutionary to forensic science. Colin Pitchfork was sentenced to a minimum term of 30 years. However, in 2009, Pitchforks sentence was reduced to 28 years. Bibliography Man nabbed by genetic fingerprints gets life. (1988, Jan 23). The Ottawa Citizen Retrieved from http://ezproxy.library.yorku.ca/login?url=http://search.proquest.com/docview/239145129?accountid=15182 Colin Pitchfork: DNA evidence snared child rapist who killed my sister please do not let him go free; Colin Pitchfork was the first criminal in the world to be convicted on DNA evidence and was jailed for life in 1988 for killing two schoolgirls.(2015, May 5) Irishmirror.ie, Retrieved from www.lexisnexis.com/hottopics/lnacademic Butler, J. M. (2010). Fundamentals of Forensic DNA Typing. London: Academic Press. Peter Cheney, T. S. (1991, Oct 05). GENETIC FINGERPRINTING legal breakthrough inexact science? Toronto Star Retrieved from http://ezproxy.library.yorku.ca/login?url=http://search.proquest.com/docview/436502141?accountid=15182 Baird, R. [Ronald Baird]. (2016, August 11). True crime stories about Colin Pitchfork Code of a Killer. [Video File]. Retrieved from https://www.youtube.com/watch?v=deoZEm1e8TIt=27s. Jeffreys, A. J., Wilson, V., and Thein, S. L. (1985a). Individual-specific fingerprints of human DNA. Nature 316: 76-79.