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Free research papers and essays on topics related to: eighth circuit

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  • Racial Profiling - 476 words
    Racial Profiling The United States is not a healthy democracy The United States is not a healthy democracy. A basic requirement for any healthy democracy is its founding on the basic principle that all men are created equal. This means that man is judged on the fact that he is man, and only that. There are no other means or factors brought into account. This is not the way men are judged in the United States. In the United States, ethnic and racial generalizations often influence judicial execution. The attorney general's office of New Jersey itself released a 112 page preliminary report concluding that many officers may be inadvertently discriminating against minorities in their fervor to s ...
    Related: profiling, racial, racial profiling, attorney general, created equal
  • The Conflict Of Interest Inherit In Administrative Review - 2,807 words
    The Conflict Of Interest Inherit In Administrative Review The Conflict of Interest Inherit in Administrative Review and the Ineffectiveness of the Current Standard of Review by U.S. District Courts Law and Medicine By # I. Introduction The Employee Retirement Income Security Act, better known as ERISA, has been a major issue in healthcare litigation since its inception in 1974. ERISA governs any claim centering on health insurance, disability insurance, or any other employer provided benefits. ERISA affects many aspects of the American legal system, from inter-state commerce to bankruptcy, and particularly insurance and healthcare law. ERISA contains clauses for both the procedure and subs ...
    Related: administrative, conflict of interest, inherit, benefit plans, hospital care
  • The Conflict Of Interest Inherit In Administrative Review - 2,806 words
    ... 1. However, when a trustee is not given the power to interpret a plan's terms, then the trustee's decision must be given a de novo review. Id. In Brunch, the plan did not give the trustee the power to interpret and construe the plan's terms; therefore no deference was given to the administrator's discretion. Since the plan did not grant any discretionary authority to the plan administrator, the appeal was given a de novo review by the Court. Id. at 118. Here, the Court extracted a principle developed through trust law, granting a trustee the ability to use his/her discretion, and has blended this principle in ERISA enforcement. Id. The specific rule of law obtained from Brunch holds that ...
    Related: administrative, conflict of interest, inherit, judicial review, appellate court
  • The First Amendment - 1,199 words
    ... Island while Catholics were mainly concentrated in Maryland. As the United States grew larger and larger, these diverse groups were forced to live together. This may have caused individual liberties to be violated because of the distrust and hostile feelings between ethnic and religious groups. Most of the initial assemblies among the colonies considered themselves immune from criticism. They actually issued warrants of arrest, interrogated, fined, and imprisoned anyone accused of libeling the assembly as a whole or any of its members. Many people were tracked down for writing or speaking works of offense. The first assembly to meet in America, the Virginia House of Burgesses, stripped ...
    Related: amendment, first amendment, united states supreme court, social order, arrival
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