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The Supreme Court case United States vs Leon established the "good faith" exception to the exclusionary rule. Police in Burbank, California received a tip about illegal drug sales and obtained a search warrant, which was later found to be invalid. However, the Court ruled the evidence could still be used because the police were acting in good faith that the warrant was valid. In McCulloch vs Maryland, the Supreme Court ruled Maryland could not tax the national bank established by Congress. The Court found the bank was a valid exercise of federal power, so Maryland's tax on the bank was unconstitutional as it interfered with federal law. The ruling established federal law supersedes any state laws that impede federal powers.

Actualités & Politique Business

Supreme Court Cases Dana Dell’Aera and Peter Byrnes 2011-2012 College Business Law

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Parties James McCulloch Baltimore Bank VS.

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The director of the Serious Fraud O"ce (SFO) and the Solicitor General, Edward Garnier QC, have recently made no secret of the fact that they consider the criminal justice system to be incapable of dealing with corporate prosecutions in a way that refflects commercial realities. The blunt impact of a prosecution of a company has the impact of damaging innocent parties including employees, shareholders and creditors. Garnier cited the cautionary example of the ill-effects of prosecution caused to Arthur Andersen, eventually acquitted on charges of obstruction of justice by the US Supreme Court, many years after the allegations had destroyed the company. US prosecutors have a tool at their disposal, the deferred prosecution agreement (DPA), which is being touted as a viable alternative to the present options of either prosecution or civil recovery.

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McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819) Facts: the second bank of the United States was chartered by congress following which many branches were established in various states including Baltimore, Maryland. An act imposing a tax on the banks that were not chartered by congress was enacted by the Maryland legislature. McCulloch violated this act and was sued. Procedural history: McCulloch was sued in Baltimore county court where he was convicted; the court of appeal affirmed this decision, following which he then brought this appeal Issue: the US constitution is the supreme law and any state laws enacted should not interfere with federal laws passed within this constitution’s scope. Is there any authority under the constitution that congress can establish a United States bank? Holding: the court ruled in the affirmative. Judgment: the decision of the court of appeal was reversed. States are under an obligation not to enact and pass laws that are likely to destroy the legislated federal laws Reasoning: the constitution of the United States is the supreme law and all other state laws should not be inconsistent with it. NLRB V. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) Facts: the constitutionality of the National Labour Relations Act of 1935 was challenged. The national Labour relations board found that the defendant company was violating some of the provisions of the act by firing some of its employees that were engaged in union activities. They gave them an order to stop such discriminatory practices but the defendant refused to adhere to it. Procedural history: the board sought to enforce the order in the court of appeal but the court found that it was outside the ambit of federal power. An appeal was then brought to the Supreme Court Issue: congress only has power to regulate activities in states that only have the potential to significantly affect the commerce between states, so in this case, did it have power to regulate these employment practices? Holding: yes, the board had the power to regulate the activities of the defendant company since these activities went beyond the state they were established in and had effect on other states Judgment: the court of appeal’s judgment was reversed. The court found that congress possessed the power to regulate such employment practices as long as they had an effect on the interstate commerce Reasoning: a failure to regulate such activities is likely to have a negative impact not only on the commerce of the concerned state but also on others as the activities of such companies will usually have a beyond the boarder effect United States v Morison, 529 U.S. 598 (2000) Facts: Brzonkala, the complainant in this case was enrolled in Virginia Tech in the 1994 fall. She brought allegations that she was constantly assaulted sexually by the defendant amongst others which caused her emotional trauma causing her to even drop out of the institution. She sued under the violence against women act ...

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Chief's Counsel Chief's Counsel: Should Police Officers Who Lie Be Terminated as a Matter of Public Policy? By Elliot Spector, Attorney at Law; and Associate Professor, University of Connecticut, Storrs, Connecticut n September 5, 2007, the State of Washington published the first opinion holding that a police officer who lies should be terminated as a matter of public policy. In Kitsap County Deputy Sheriff’s Guild v. Kitsap County, the sheriff terminated Deputy LaFrance for untruthfulness and erratic behavior. An arbitrator agreed that LaFrance had repeatedly been untruthful but was not convinced that termination was the proper form of discipline; the arbitrator therefore ordered him returned to full duty. Eventually the case found its way to the appellate court, which concluded that the arbitration award was unenforceable as against public policy.1 It relied primarily on the sheriff’s conclusion that LaFrance was not fit for duty due to Brady concerns about his ability to testify. In Brady v. Maryland, the U.S. Supreme Court ruled that a prosecutor must release information favorable to an accused upon request;2 therefore, if LaFrance were to testify in a criminal proceeding, the prosecutor would be legally and ethically obligated to disclose his history of untruthfulness to defense counsel. “Put simply, LaFrance’s proven record of dishonesty prevents him from useful service as a law enforcement officer. To require his reinstatement to a position of great public trust in which he cannot possibly serve violates public policy.”3 Supreme Court Rulings The U.S. Supreme Court decision of United Paper Workers International Union v. Moscow, Inc., recognized that a court might set aside an arbitration award if the arbitration award creates an explicit conflict with other laws and legal precedents.4 The effect of this public-policy decision in Washington State is that if officers are found to be intentionally untruthful, any appeal of their termination will be limited to the issue of whether the untruthfulness was proven. If so, no arbitration panel or judicial authority will be able to reduce the penalty. In order for the Washington court to overturn the arbitration award, they had to find an explicit, well-defined, dominant public policy. To make such a finding, the court had to point to some case or statutory law that created such a public policy. The Washington court turned to Brady without articulating the extensive case law supporting its position. Following Brady, the U.S. Supreme Court, in Giglio v. United States, held that when the reliability of a given witness may well be determinative of guilt or innocence, nondisclosure of evidence affecting credibility falls within the rule that suppression of material evidence justifies a new trial irrespective of good faith or bad faith of the prosecution.5Together, the Brady and Giglio decisions hold essentially that the credibility of a government witness amoun ...

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Police must obey the law in their effort to control crime. Legal restrictions may hurt the efficiency of police but by obeying the law, police gain social legitimacy. When a police officer violates the law, they jeopardize the rights of the accused and the rights of the innocent. The Fourth Amendment of the Constitution states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.” Read Weeks v. United States , Silverthorne Lumber Company, Inc., Et Al. v. United States , and Mapp v. Ohio . For each court case, address the following: Explain the main issue or question involved in the case. Explain the precedent or laws the court used in order to come to its ultimate conclusion. Explain how the court applied the law to the facts of the case. Identify the conclusion and restate the issue to provide the final answer. How have these three cases formed the standards of constitutional searches and seizures in the United States? The paper must be three to four pages in length and formatted according to APA style. You must use at least two scholarly resources .

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