What is Anthrax?

Anthrax is an acute and deadly disease caused by Bacillus anthracis; in general, the majority of these forms of these diseases are lethal and the virus ultimately affects both humans and other animals.

Anthrax became prominent in the early 2000’s when several human cases of anthrax were directly liked to deliberate and violent exposure. This string of events raised concerns about the use of anthrax as a biological weapon and as a means to perpetuate terrorist attacks. Anthrax, when broken down, makes an extremely effective biological weapon, since the spores of Anthrax can remain dormant for a number of years and activate as soon as conditions become optimal. As a result of these characteristics, it is very easy to contract the deadly disease through inhalation, which ultimately leads to the potential for mass dispersal through explosives, aircraft transportation or random package drops.

The Anthrax Disease:

The Anthrax disease has long been known, for writings and archaeological evidence suggest that the disease has been known since the Ancient World. The disease caused by Anthrax primarily affects farm animals; human beings cannot pass the Anthrax disease onto each, making the Anthrax disease non-contagious. That being said, it takes slight exposure to just a few spores to lead to a serious infection. Similar to other bacterial infections, Anthrax may be treated with antibiotics.

Kinds of Anthrax:

There are three specific kinds of Anthrax: gastrointestinal, inhalation and cutaneous. Gastrointestinal Anthrax is caused through ingestion of infectious material, such as raw or uncooked meats. The patient, when infected with gastrointestinal Anthrax may experience severe diarrhea, a loss of appetite, nausea and a severe fever. Cutaneous anthrax is primarily contracted through open wounds or cuts on the skin. This form of Anthrax is characterized by small sores which eventually turn into large blisters with a black center.

The most serious and complex form of Anthrax is inhalation Anthrax; this form of Anthrax is caused by inhaling infectious spores which may be stirred up in soil, deliberately introduced into the environment or scraped from animal material.

Anthrax as a Weapon of Terror:

Anthrax was initially tested as a biological weapon by the Japanese army in the early 1930s; the majority of this testing involved exposing the deadly agent to prisoners of war—this testing precipitated thousands of deaths.

Anthrax was first stockpiled by the United States in the early 1970s when the nation signed the Biological Weapons Convention.

In theory, the spores of Anthrax can be cultivated without the obtainment of specialized equipment; all an individual needs to cultivate the deadly agent is a microbiological education. That being said, to produce large amounts of aerosol from Anthrax suitable for biological warfare requires extensive knowledge, training and advanced equipment.

Concentrated anthrax spores were first used as a weapon for bioterrorism in the 2001 anthrax attacks; the spores were delivered by mail and sent to several media outlets as well as two Democratic senators. As a result of these attacks, 22 individuals were infected and five eventually died.

In response to these attacks, the United States postal service sterilized most forms of mail by using a process of gamma irradiation and treatment through a proprietary enzyme formula.

What is Case Law?

Case law refers to the body of available writings that explain and elucidate upon the verdicts of particular cases. Case law is typically created and developed by judges who deliver these particular rulings; case law is driven when judges write their decisions and give the reasoning behind their verdicts. Included in these verdicts or decisions are precedents that are based off other cases and statutes that had an impact or bearing on their particular decisions.

A single case may generate a dearth or virtually no written opinions or interpretations; however, other cases, such as those that are heard before the Supreme Court, may yield a number of opinions or interpretations as the case’s subject matter will invariable make their way through various lower-circuit courts. This assortment of collected opinions may be referred to in a future case by other judges when they themselves offer their rulings on similar cases; this relationship that is derived through case law, enables the law to remain relatively consistent.

What Court Systems use Case Law?

The majority of state trial courts—for example the California Circuit Court—will not publish opinions. As a result of this function, many state courts do not contribute or add to the body of case law. Furthermore, Federal trial courts—such as the United States District Court—will also not publish opinions that would otherwise be added to case law. The majority of published opinions found in case law, which are made available online and in print form, typically come from both the federal higher courts and the local state courts.

Official government agencies will publish both the court decisions found in the state’s higher courts and those matters heard in the Federal Supreme Court, whereas the opinions of the aforementioned courts, those legal systems that do not publish opinions to the public, will have their decisions published by various private agencies throughout the United States.

Case Law and Common Law:

In the majority of regions throughout the world, Case law is commonly referred to as ‘common law’. This terminology derives from the fact that, while forms of legislation are typically passed by a distinct government branch, the court system is able to exercise authority through the use of precedent and case law. As a result of this authority, case law is viewed as a crucial function of the judiciary body of government, for the study enables the court system to transform decisions to arrive into a sort of de facto law, which may be subsequently used to facilitate decisions made in future cases.

Judge’s Powers of Case Law:

In some instances, a judge may intentionally refute established case law as a means to re-examine a precedent to ultimately change it. This situation typically arises when precedents in case law are viewed, by the judge, as outdated or irrelevant in the contemporary society. When a judge issues a decision that he or she knows will be appealed, the judge will effectively push the case into higher courts where the established precedents may be overturned in favor of a re-evaluation or a new outlook.

The Background of Olmstead v. United States:

Olmstead v. United States was a landmark decision offered by the Supreme Court of the United States. Olmstead v. United States reviewed whether the use of wiretapped telephone conversations, obtained by federal agents, without any judicial approval, can be subsequently used as evidence in a federal criminal trial. The use of such information in Olmstead v. United States was evaluated in conjunction with a defendant’s rights latent in the Fourth and Fifth Amendments. The courts in Olmstead v. United States held that neither the rights and liberties granted in the Fourth nor Fifth Amendments were violated. This decision; however, was later overturned in Katz v. United States.

The case of Olmstead v. United States concerned a group of petitioners, including Roy Olmstead, who directly challenged convictions by arguing that the use of evidence obtained from wiretapped private telephone conversations was a direct violation of the Fourth and Fifth Amendments to the United States Constitution.

The petitioners in Olmstead v. United States were convicted for conspiracy for violations of the National Prohibition Act—the men convicted were charged with unlawful possession, transporting and selling alcohol. The evidence obtained through wiretapping revealed that Olmstead and nearly 75 other individuals were engaging in a bootlegging business; Olmstead was the general manager of this business and received 50% of the profits. No laws were violated in regards to the installation of the wiretapping equipment—the officers did not trespass upon the homes or the offices of the defendants.

The Case Profile of Olmstead v. United States

The following is a case profile of the legal trial eponymously titled ‘Olmstead v. United States’:

Date of the Trial: Olmstead v. United States was argued on February 20-21 of 1928

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

Accused Criminal Activity: The following criminal activity and charges were cited by the United States Government against Roy Olmstead within the appeal brought forth subsequent to the initial ruling:

Olmstead and a group of 72 employees were charged with illegally possessing, transporting and selling alcohol. Olmstead to refute the conviction claimed that the United States Government obtained evidence through the illegal use of wiretapping devices. Olmstead claimed that the Fourth and Fifth Amendment to the United States Constitution protected private conversations form being tapped into.

United States Reports Case Number: 277 U.S. 438

Date of the Delivery of the Verdict: Olmstead v. United States was decided on June 4, 1928

Legal Venue of Olmstead v. United States: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice William Taft

Verdict Delivered: The United States Supreme Court ruled that the Fourth Amendment’s proscription on unreasonable search and seizure did not apply to the use of wiretaps.

What is a Case Search?

A case search refers to ability to pull-up previously rendered court decisions and evaluates the intricacies as well as the verdicts of the particular case. A case law search may be initiated by an individual or legal professional; the majority of cases and their subsequent ruling are kept on public record to act as precedents for future case hearings. A case law search is a fundamental tool of the judiciary system, where legal professionals and individuals alike can observe the specifics latent in any case to ultimately apply them to their particular legal matter.

A case law search will benefit individuals or legal professionals who undertake or are required to undertake a legal battle. The ability to observe previously-rendered court decisions and the intricacies which surrounded the particular legal matter will aid in constructing an argument (whether for the defense or the prosecution) to better understand the subject matter of the case. Furthermore, a case law search will increase your probability of winning or receiving a favorable settlement; the ability to review a past case will invariably deliver a precedent or ruling which can be applied to a current legal matter.

How to Initiate a Case Search:  

The first step to conducting a case law search requires you to read all available information and intricacies concerning your case. The obtainment of this information will help determine what path you need to follow to engage in your case search. A case law search is typically conducted at your local law library; the majority of verdicts or judgments of a legal matter in a local court system is kept in the archives of legal libraries within the jurisdiction or locality where that particular hearing was held.

The majority of counties throughout the United States have law libraries. Additionally, all law schools throughout the United States are required to have a law library on or near campus, which will store an assortment of precedents and previous cases. As a result of these locations, a case law search must be initiated in a forum or location that houses the tangible books, which compile previous cases.

When you arrive at your particular law school or law library, you must search for a series of numbers and letters that take this form: 86 N.Y 3d 130, 651 N.Y.S. 3d 914 (1991). This example of a citation can be used as a formal address to find the particular case—these numbers tell you two different books, which will provide pertinent information given your inquiry. In this example, if you look on page 130 of volume 86 of the New York Reports, 3rd series, you will find the case you are looking for. The second address in this citation refers to volume 651 of the New York Supplement’s, third series page 914. The year 1991, refers to the date that the case was decided.

You must keep in mind that each state will label its books by different classifications or names, so asking a librarian what the lettering system is will help facilitate your search. In addition to finding cases in your particular library, you can also conduct a case law search online; a case search may be initiated online through law school sites or various law sites.
 

What is a Case Study?

A case study is a research method that is incorporated within the field of social science.  Case studies require a thorough evaluation that is predominantly aligned with the behavioral issues of a person or a small group of individuals.

A Case study will be developed to reveal a correlation between two factors; case studies are incorporated into a social phenomenon or a legal matter to reveal whether or not a causal relationship can be proven. For example, a common social case study may reveal that a large percentage of criminals tend to look at or purchase pornographic material. This information and subsequent conclusion would reveal that there is a direct correlation or at least an association between committing crimes and purchasing pornography.  Although there is no scientific evidence that links observing pornography to committing crimes, case studies in this example, simply reveal a correlation between the two.

All case studies aim to elucidate on a social phenomenon that denotes the presence of a relationship between goods, individuals or other entities. Regardless of the subject matter or the type of relationship being investigated, all of the research methods must incorporate a formal case study format.


Case Study Format and How to Write a Case Study:

A case study may be used in an academic or professional setting as a thorough and unique research method. Although there are several types of case studies (exploratory, illustrative critical instance, medical, narrative and cumulative) there are a few basic guidelines on how to write a formal case study and how to formulate a case study format.

To conduct a case study using proper case study format, you must first construct a template that will act as your guideline throughout the evaluation and writing process. This case study format and the guideline attached will improve how the document is organized, as well as how the document looks, feels and reads.

Following the creation of a guideline, to properly follow case study format, you must draw your reader in with a unique and catchy title. The title of the case study should attract the reader and pull them into keep reading. When you begin writing the paper, you must first identify the problem that is being explored within the case study.

Exploring the problem, in alignment with a formal case study format, will incorporate your ability to include a suitable or effective case/effect theory. When doing this you must give as much background as possible. During this process you must discuss the possible solution and how the specific issue was specifically resolved—when you are explaining the resolution you must elucidate upon which methods were used in the process.

After you have resolved the issue, proper case study format requires you to describe the benefits of the study. Describe how the benefits affect the group to which your case study is aimed.

Proper case study format requires you to utilize general-to-specific-to-general approaches; this approach should be used because it grasps the reader’s attention and the reveals how it applies to the group as a whole.

The Background of United States v. Morrison:

United States v. Morrison is a landmark United States Supreme Court decision which stated that parts of the Violence Against Women Act of 1994 violated provisions of the United States Constitution because they exceeded congressional power under the Commerce Clause and more specifically, under section 5 of the Fourteenth Amendment to the United States Constitution.

The Violence against Women Act of 1994 contained a provision for a federal civil remedy to victims of gender-based violence, even in those instances when no criminal charges were filed by the victim. The case of United States v. Morrison revolves around Virginia Tech freshman college student, Christy Brzonkala, who was allegedly assaulted and raped by Antonio Morrison and James Crawford—members of the University’s football team.

School-conducted hearings proved futile, for the Court proceedings failed to punish both Morrison and Crawford. Furthermore, a subsequent state trial could not find sufficient evidence to either man; however, Brzonkala then filed a separate suit under the provisions of the Violence against Women Act.

The United States District Court for the Western District of Virginia stated that the United States Congress lacked authority to enact the provision within the Violence against Women Act. Brzonkala then appealed the decision where a three-judge panel of the Court of Appeals for the Fourth Circuit reversed the decision 201. The Supreme Court of the United States then affirmed, in a 5-4 decision, that the United States Congress lacked the authority under the Commerce Clause or the Fourteenth Amendment to enact the law.

The Case Profile of United States v. Morrison:

The following is a case profile of the legal trial eponymously titled ‘United States v. Morrison’:

Date of the Trial: United States v. Morrison was argued on January 11, 2000

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

United States Reports Case Number: 529 U.S. 598

Date of the Delivery of the Verdict: United States v. Morrison was decided on May 15, 2000

Legal Venue of United States v. Morrison: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice William Rehnquist

Verdict Delivered: The United States Supreme Court stated that the Violence Against Women Act of 1994 and the provision within the act, is unconstitutional for it exceeds congressional power under the Commerce clause and also under section 5 of the Fourteenth Amendment to the United States Constitution.

What are Cases?

Cases, in the scope of the law, refer to an official legal review of a dispute between opposing parties. Court cases will evaluate any number of legal issues that arise between opposing parties; the severity of the charges and the subject matter revolving around a court case will vary based on a case by case circumstance.

There are two predominant types of court cases: civil and criminal. Within each court case; however, there is a defending party (individual or party who is defending the claims made against them) and an accusing party or plaintiff who seeks justice for the alleged wrongdoing precipitated by the defending party.

Types of Cases:

Civil Cases: Civil cases, commonly known as lawsuits, begin when a plaintiff files a legally binding document called a complaint with a court system. The complaint, which initiates all civil cases, informs the court of the wrongdoing that took place and was precipitated by the defendant and caused the plaintiff to allegedly suffer some form of physical or monetary damage. Civil cases, similar to all forms of legal cases, aim to find a resolution or legal remedy to the underlying problem.

A civil case, when compared to a criminal case, can be resolved outside of the courtroom through arbitration or mediation. These forms of remedy may take the form of an injunction (which requires the defendant to perform or refrain from delivering some sort of action), an exchange of money (or a settlement), or a declaratory judgment, which will determine that the plaintiff has established legal rights that cannot be infringed.

In a civil case, the plaintiff must make a genuine effort to inform the defendant of the case through a service of process. This procedure informs the defendant similar that the plaintiff filed a complaint or legal matter with the underlying court. At any point during civil court cases, the parties may agree to partake in a settlement, which effectively ends the case, although in some situations, such as in class action lawsuits, a settlement will require court approval in order to maintain its legal binding status.

Criminal Court Cases: In common law jurisdictions, criminal court cases begin when a person suspected of a crime or felony is indicted by a grand jury or charged with the offense by a government official (district attorney or prosecutor).

Similar to civil court cases, all criminal court cases may also be settled before a formal trial; this process, which is known as a plea bargain, is offered in some jurisdictions and will be made available in alignment with the severity of the allegation. If a person does not attend a trial on their scheduled court date, they will incur additional penalties.

Fundamentals of all Cases:

All cases, whether civil or criminal, are based off the idea that any dispute will be resolved when a legal procedure is attached to the issue; the legal procedure in all court cases will evaluate all evidence and facts involved in the case. The legal procedure, thus, determines the truth of the issue with respect to claims of guilt, liability, innocence or a lack of fault.

The Background of United States v. Nixon:

United States v. Nixon was a landmark decision offered by the United States Supreme Court. The case revolved around the Watergate scandal, which began during the 1972 presidential campaign—a race between Democratic Senator George McGovern and incumbent Richard Nixon.

On June 17 of 1972, before Nixon claimed the election, five burglars broke into the Democratic headquarters located inside the Watergate building complex in Washington, D.C. Nixon, in response to the break-in at the Watergate, appointed a special prosecutor to investigate the incident for the Federal Government of the United States. In April of 1974, Leon Jaworski—the acting prosecutor—obtained a subpoena, which ordered President Nixon to release tapes and documents relating to specific meetings between the President and those indicted by the Grand Jury. The tapes effectively revealed the Watergate scandal; the conversations contained damaging evidence involving the men and even President Nixon himself.

In response to this evidence, Jaworski obtained a subpoena, which stated that the President turn over all conversations and documents linked with the Watergate scandal. President Nixon responded to this order by delivering edited transcripts of 43 conversations, which included only portions of the requested conversations outlined by the subpoena.

Watergate Scandal Trial:

Nixon’s attorney, James St. Clair, requested that Judge Sinica of the United States District Court for the District of Columbia terminate the subpoena; St. Clair argued that the President of the United States is not subject to the processes imposed by any court except the court of impeachment. Judge Sinca ultimately denied this motion and ordered the president to turn the tapes over by May 31st of the same year.

Both sides appealed to the United States Supreme Court, which opened the trial on July 8th. St. Clair argued that the President should not be subjected to “judicial resolution” since the matter revolved around the executive branch; St. Clair felt as though the branch should resolve the issue “in-house.” Furthermore, St. Clair also felt that Jaworski did not effectively prove that the requested materials were necessary for the trial of the accused men involved with in the Watergate scandal.

After the court stated that it could resolve the matter and that Jaworski had indeed provided a sufficient likelihood that the evidence contained conversations relevant to the charges, the Court rejected Nixon’s claim to an “absolute Presidential privilege of immunity from judicial process under all circumstances.”

The Case Profile of United States v. Nixon:

The following is a case profile of the legal trial eponymously titled ‘United States v. Nixon’:

Date of the Trial: United States v. Nixon was argued on July 8, 1974

Accused Criminal Activity: The following criminal activity and charges were cited by the United States against President Richard Nixon within the appeal brought forth subsequent to the initial ruling:

President Nixon was charged with coordinating the break-in of the Watergate hotel, which housed key documents that would reveal the democratic strategy for the 1972 election.

United States Reports Case Number: 1039; 1974 U.S.

Date of the Delivery of the Verdict: United States v. Nixon was decided on July 24, 1974

Legal Venue of United States v. Nixon: The United States Supreme Court

Judicial Officer Responsible for Ruling: Chief Justice Burger

Verdict Delivered: The United States Supreme Court possesses the final say in determining constitutional questions; no individual, including the President of the United States, is above the law; and the President of the United States cannot use executive privileges as an excuse to withhold evidence that is relevant to a criminal trial.

What is a Cold Case?

A cold case refers to a tangible crime scene or scene of an accident that has yet to be solved to the fullest extent. The predominant characteristic of a cold case is that the matter revolving around the crime scene has remained pending or unsolved to the point that it no longer maintains the subject of a recent criminal investigation.

As a result of this prolonged unsolved status, no new information can be obtained through criminal investigation; the only new information that could emerge in a cold case would come from a new witness testimony, the re-evaluation of material evidence, the re-examination of archives, and any fresh activities of the suspect, meaning repeated murders or repeated offenses that are aligned with the original criminal matter. In addition, new technical methods that were developed after the case may be used on the surviving evidence to re-evaluate the causes in the pending cold case.

Characteristics of a Cold Case:

In most instances, a cold case will typically involve major felony crimes or violent behavior, such as rape or murder. Dissimilar to the majority of unsolved minor crimes, a cold case—due to its violent subject matter—is typically not subjected to a statute of limitations. Aside from violent crimes, a disappearance or missing person may also be considered cold cases if the victim has not been seen or heard from for a certain amount of time, such as the case of Natalee Holloway or other infamous missing person cases.

Some cases become labeled as a cold case when a seemingly solved case is re-opened due to the presence or discovery of new evidence which firmly points away from the original suspects. This situation happens surprisingly often and most often occurs as a result of a miscarriage of justice. Other cold cases will occur when the crime, in question is discovered after the incident took place—this situation typically arises when investigators discover human remains.

What makes a Case go cold?

A case is considered pending, unsolved or col until a suspect has been identified, charged and subsequently tried for the crime in question. A case (typically criminal) that goes to trial and does not result in a conviction can also be evaluated as a cold case and kept on the books pending the delivery of new evidence. Typically, a case is not solved but forensics or DNA evidence will help determine if the crime and suspect involved in the crime acts in a serial nature.

Sometimes a viable suspect may be overlooked or simply ignored due to unsubstantial evidence, the presence of a copycat or likelier suspect, or a tendency of investigators to zero in on another suspect while excluding all other possibilities.

A cold case will be re-evaluated through the presence of several factors such as: new forensic evidence, a fresh look at old evidence or the delivery of new circumstantial evidence. Other factors will include: new witnesses coming forward with novel information, new suspects who were previously overlooked or the presence of alibi witnesses who may affirm or recant their original stories. 

The Background of Wallace v. Jaffree

Wallace v. Jaffree was a landmark Supreme Court case that revolved around the issue of silent school prayers.

An Alabama statute was introduced that authorized teachers, in all school districts, to set aside on minute at the start of each school day to conduct a silent prayer or silent meditation. Ishmael Jaffree, an American citizen and father of three Mobile County public school students, filed a suit on May 28, 1982 against the mobile county School Board and various school officials. Jaffree sought an injunction and a declaratory judgment that would restrain the defendants from “maintaining or allowing the maintenance of regular religious prayer services or other forms of religious observances in the Mobile County Public Schools in violation of the First Amendment as made applicable to states by the Fourteenth Amendment to the United States Constitution.”

Wallace v. Jaffree Trial:

The United States District Court for the Southern District of Alabama allowed the practice of silent prayer and ruled in favor the state. The United States Court of Appeals for the Eleventh Circuit reversed this ruling, by claiming that a mandatory silent prayer was unconstitutional. The case was eventually heard by the United States Supreme Court in Wallace v. Jaffree. In this trial, the United States Supreme Court ruled 6-3, against the state of Alabama by claiming that the law had violated constitutional principle by forcing students to engage in a silent prayer.

The Case Profile of Wallace v. Jaffree

The following is a case profile of the legal trial eponymously titled ‘Wallace v. Jaffree’:

Date of the Trial: Wallace v. Jaffree was argued on December 10, 1973

Legal Classification: Administrative Law; this legal field associated with events and circumstances in which the Federal Government of the United States engages its citizens, including the administration of government programs, the creation of agencies, and the establishment of a legal, regulatory federal standard

United States Reports Case Number: 414 U.S. 563

Date of the Delivery of the Verdict: Wallace v. Jaffree was decided on January 21, 1974

Legal Venue of Wallace v. Jaffree: The United States Supreme Court by way of the Court of Appeals for the Ninth Circuit

Judicial Officer Responsible for Ruling: Chief Justice Warren E. Burger

Associated Legislation with regard to Wallace v. Jaffree: The following statutory regulations were employed with regard to the Wallace v. Jaffree trial:

The enforcement of a silent prayer on school districts throughout a given state is a violation of the 1st Amendment to the United States Constitution which states that an individual is free to practice any religion they so choose.