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  • Inbox Project Sponsors | LII / Legal Information Institute
    adoption of anti spam laws to a broader stance of defending the interests of the average Internet user CAUCE NA is led by a combined Board with a cumulative century of experience in the field of Internet advocacy MAAWG is where the messaging industry comes together to work against spam viruses denial of service attacks and other online exploitation Representing more than one billion mailboxes from some of the largest network operators worldwide it is the only organization addressing messaging abuse holistically by systematically engaging all aspects of the problem including technology industry collaboration and public policy Constant Contact Inc helps small businesses associations and nonprofits connect with their customers clients and members Launched in 1998 Constant Contact champions the needs of small organizations and provides them with an easy and affordable way to build successful lasting customer relationships Word to the Wise s business is email how to use it deliver it manage it For over five years Word to the Wise has provided the software to allow ISPs and ESPs to manage incoming complaints and the services to help ESPs and marketers to deliver wanted email Word to the Wise is privately owned with principal offices in Palo

    Original URL path: http://www.law.cornell.edu/wex/inbox/sponsors (2012-11-09)
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  • authoring help | LII / Legal Information Institute
    of other stable collections of legal information on the Web that you think Wex authors might be interested in please let us know Read more help style in authoring help This is a series of stylistic tips Read more help editing in authoring help Various types of editing help are available Read more Starting a new article in authoring help Starting a new article From Wex everyone s resource for law learning Deciding what to write You can find some thoughts about this in the page on getting started as an author The mechanics Mechanically starting a new article is easy Read more Getting started as an author in authoring help General For the time being the ability to make and edit contributions is loosely limited to a pool of invited author editors which you may join mailto join wex www law cornell edu Read more help contents in authoring help Help Contents Help is available on the following topics Help Searching provides help with finding things in Wex Help Editing includes general help with editing mechanics as well as Wex and law specific things Getting started as an author makes useful suggestions about what you might write FAQ in

    Original URL path: http://www.law.cornell.edu/wex/category/authoring_help (2012-11-09)
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  • help-contents | LII / Legal Information Institute
    is available on the following topics Help Searching provides help with finding things in Wex Help Editing includes general help with editing mechanics as well as Wex and law specific things Getting started as an author makes useful suggestions about what you might write Wex Toolbox Search WEX Donations cover only 20 of our costs Law about Articles from Wex Starting a new article help editing Why not Wikipedia American

    Original URL path: http://www.law.cornell.edu/wex/help-contents (2012-11-09)
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  • Starting a new article | LII / Legal Information Institute
    starting a new article is easy First use the search feature to see if your planned article already exists If the search fails you can start a new article with that title by clicking Create content Wex page group editable in the left hand column Finally please be sure to assign your piece to a category Help with authoring and editing Help Editing Help Searching See also getting started as

    Original URL path: http://www.law.cornell.edu/wex/starting_a_new_article (2012-11-09)
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  • Abuse of discretion | LII / Legal Information Institute
    g Wilton v Seven Falls Co 515 US 277 1995 and General Electric Co v Joiner 522 US 136 1997 See also Judicial ethics Appellate procedure Definition from Nolo s Plain English Law Dictionary A standard of reviewing a lower court s or other decision maker s judgment To overturn a decision for abuse of discretion the appellate court must find that the decision was wholly unsupported by the evidence

    Original URL path: http://www.law.cornell.edu/wex/abuse_of_discretion (2012-11-09)
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  • Employment discrimination | LII / Legal Information Institute
    or union classifications on race color religion sex or national origin The Nineteenth Century Civil Rights Acts amended in 1993 ensure all persons equal rights under the law and outline the damages available to complainants in actions brought under the Civil Rights Act of 1964 Title VII the American with Disabilities Act of 1990 and the Rehabilitation Act of 1973 The Equal Pay Act amended the Fair Labor Standards Act in 1963 The Equal Pay Act prohibits employers and unions from paying different wages based on the employee s sex It does not prohibit other discriminatory hiring practices It provides that if workers perform equal work in jobs requiring equal skill effort and responsibility performed under similar working conditions the workers must receive equal pay The Fair Labor Standards Act applies to employees engaged in some aspect of interstate commerce or all of an employer s workers if the enterprise engages as a whole in a significant amount of interstate commerce The Age Discrimination in Employment Act ADEA prohibits employers from discriminating on the basis of age The prohibited practices closely parallel those outlined in Title 7 and protects employees over the age of 40 from discrimination The ADEA contains explicit guidelines for benefit pension and retirement plans During the 2007 2008 term the U S Supreme Court clarified the statute in three distinct areas First disparate impact claims filed under the ADEA now require proof of discriminatory motive behind the plan or scheme that has created the alleged disparate impact A disparate impact claim is a claim that an employer has created a plan or scheme that on its face seems neutral but in actuality discriminates on the basis of age The plaintiff bears the burden of proof with regard to this element Second employees who submit an Intake Questionnaire to the Equal Employment Opportunity Commission EEOC for review within 60 days of an alleged ADEA violation have met the statute of limitations requirement and may later bring suit in court A formal charge does not need to have been filed Third a plaintiff employee can now bring a private suit for retaliation under the ADEA against federal employers These private causes of action are reserved for plaintiff employees who have experienced retaliation because the plaintiff employee previously filed an age discrimination claim The Rehabilitation Act s aims to promote and expand employment opportunities in the public and private sectors for handicapped individuals through the elimination of discrimination and affirmative action programs Employers covered by the Act include agencies of the federal government and employers receiving federal contracts over 2500 or federal financial assistance The Department of Labor enforces section 793 of the Act which refers to employment under federal contracts The Department of Justice enforces section 794 of the Act which refers to organizations receiving federal assistance The EEOC enforces the act against federal employees and individual federal agencies that promulgate regulations pertaining to the employment of the disabled Congress enacted the American with Disabilities Act to eliminate

    Original URL path: http://www.law.cornell.edu/wex/employment_discrimination (2012-11-09)
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  • Forfeiture | LII / Legal Information Institute
    of the offense and subject to seizure In some cases the innocence of the owner may not be a defense although Constitution limitations such as the Eighth Amendment s Excessive Fines Clause may apply Criminal Forfeiture In Personam What is it Criminal forfeiture is a punitive action by the government against the offender Typically it occurs as part of a sentence following a conviction 18 U S C 982 through cross referencing creates a framework of offenses and procedures governing this type of forfeiture as does 21 U S C 881 The statute provides for the forfeit of any property real or personal involved in such offense or any property traceable to such property In addition Rule 32 2 of the Federal Rules of Criminal Procedure governs criminal forfeiture proceedings in fedreal court Depending on the crime U S Customs procedures from Title 19 may also control The nature of the proceeding assures that the defendant is protected by the procedural rights embodied in the Fourth and Fifth Amendment The property must be identified in the indictment in order to serve notice to the defendant and opportunity must be given to contest the forfeiture These notice and due process procedures are spelled out in Rules 32 2 of the Federal Rules of Criminal Procedure The property must be identified in the indictment in order to serve notice to the defendant and opportunity must be given to contest the forfeiture After December 1 2009 Rule 32 will require the government to also include a forfeiture notice in its presentencing report Although the conviction requires the government to prove guilt beyond a reasonable doubt the forfeiture is subject to a lower burden preponderance of the evidence Furthermore the burden shifts to the defendant once the government shows that the defendant acquired the property around the time of the crime and no other likely source existed What about third parties Criminal forfeiture only severs the defendant s interest so the property rights of third parties co owners banks and the like are theoretically unaffected However third parties may be unaware of the forfeiture and the property s subsequent disposal To protect third party interests the government must provide notice and a hearing to all interested parties At the hearing the party must assert and prove their interest by preponderance of the evidence What defenses exist Since the forfeiture acts against the person and requires conviction of a crime the first line of defense is against the conviction A convicted defendant must shoulder the burden of proving the property did not have the necessary relationship to the crime in order to avoid the penalty Civil Forfeiture In Rem What is it Unlike criminal forfeiture civil forfeiture proceeds against the property not the person In theory civil actions are remedial not punitive like criminal proceedings By acting civilly the government seeks to remedy a harm through the fiction of the property s guilt The same statutes apply 18 U S C 981 parallels 18 U

    Original URL path: http://www.law.cornell.edu/wex/forfeiture (2012-11-09)
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  • help-editing | LII / Legal Information Institute
    available General editing mechanics Help with starting a new article Law specific editing and linking Linking to legal resources in Wex Categorizing in Wex Editorial policy for Wex Help Style American law perspective Some sample articles for Wex Abuse of discretion a sample dictionary article Wex Toolbox Search WEX Donations cover only 20 of our costs Law about Articles from Wex help contents American law perspective Why not Wikipedia Getting

    Original URL path: http://www.law.cornell.edu/wex/help-editing (2012-11-09)
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