Bill Of Rights Essays (Examples)

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Right to Privacy Being a Citizen of

Words: 2461 Length: 7 Pages Document Type: Essay Paper #: 37760841

ight to Privacy

Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.

In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…… [Read More]

References

Cowan, J. (2010). Why we'll Never Escape Facebook. (Cover story). Canadian Business, 83(10), 28-32.

Davis, S. (2009). Is There A Right To Privacy? Pacific Philosophical Quarterly. 90(4), 450-475.

De Bruin, B. (2010). The Liberal Value of Privacy. Law & Philosophy, 29(5), 505-534. doi:10.1007/s10982-010-9067-9.

Doyle, C., & Bagaric, M. (2005). The right to privacy: appealing, but flawed. The International Journal of Human Rights. 9(1), 3-36.
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Rights of the Accused the Due Process

Words: 720 Length: 2 Pages Document Type: Essay Paper #: 99595167

ights of the Accused

The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]

References:

Carey, G.W. (2011, October 5). Due Process. Retrieved October 29, 2012, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&theme=home&loc=b

"Chapter 8 -- Rights of the Accused." (n.d.). Rights of the People. Retrieved from InfoUSA

U.S. Department of State website: http://infousa.state.gov/government/overview/accused.html

"Due Process." (n.d.). Lectric Law Library. Retrieved October 29, 2012, from  http://www.lectlaw.com/def/d080.htm
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Rights of Individuals

Words: 1053 Length: 3 Pages Document Type: Essay Paper #: 16288381

Protecting Liberty

Individual rights

Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).

One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]

References

ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from  https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history .

Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.

LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from  http://www.law.cornell.edu/wex/criminal_procedure .

Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.
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Rights and Responsibilities How Do the Rights

Words: 718 Length: 2 Pages Document Type: Essay Paper #: 81840082

ights and esponsibilities

How do the rights and responsibilities of patients differ from the rights and responsibilities of employees? How are they similar?

Until recently, patient responsibilities were seldom directly 'spelled out' in the American healthcare system. This changed with the passage of HIPAA in 1996. HIPPA "sets forth policies and standards for how patient information, including doctors' notes, medical test results, lab reports, and billing information may be shared" (Torrey, 2012, HIPPA). It gives patients the right to access their information and demands that patient data be treated in a secure fashion. Also under the law, patients have a right to informed consent over the procedures they undergo, so that they or a designated caregiver can make decisions about what they perceive to be their best interests. Ultimately, the healthcare system must serve the needs of patients, not physicians and other healthcare employees. That is why patients must give…… [Read More]

References

Bollinger, Caroline. Access denied. Prevention. Retrieved:

 http://www.prevention.com/health/healthy-living/new-birth-control-ban?page=3 

Torrey, Tricia. (2012). HIPAA. About.com. Retrieved:

 http://patients.about.com /od/obtainingrecords/a/hipaa.htm
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Right to Life - Terri

Words: 1634 Length: 5 Pages Document Type: Essay Paper #: 39391086

On this matter, House Democratic Leader Nancy Pelosi stated, "Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter." (Euthansia and Terri Schiavo b). Federal Judge James Whittemore heard the Schiavo case and ruled on March 22, 2005 that the Schindlers had not established a "substantial likelihood of success" at trial and refused to order the reinsertion of Terri Schiavo's feeding tube. Two days later, the United States Supreme Court would deny the Schindler's request to hear the case. Terri died on March 31, 2005.

This paper has presented only the most noted court rulings and proceedings regarding the Schiavo case. "Nineteen different judges at various times considered the Schindler's request on appeal in six state courts. All have sided with Michael Schiavo" (Euthanasia and Terri Schiavo b). In the absence of a living…… [Read More]

Bibliography

Bush v. Schiavo. http://compassionandchoicesnj.org/papers/schiavo.php

Kollas, C.D. And Boyer-Kollas, B. (2006, October 1). Journal of palliative medicine. 9(5): 1145-1163. doi:10.1089/jpm.2006.9.1145.

Euthanasia and Terri Schiavo.  http://www.religioustolerance.org/schiavo4.htm 

Euthansia and Terri Schiavo b.  http://www.religioustolerance.org/schiavo3.htm
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Rights vs Responsibilities the Conflict

Words: 1010 Length: 3 Pages Document Type: Essay Paper #: 16054719

Unfortunately, those not exercising this "right," that is the traditional two-parent families bear the brunt of these phenomena. Their incomes are heavily taxed to bear the burden of the "rights" of those who are passing the bill on without paying their fair share.

This brings up what Mr. Lloyd calls the other "R"-responsibility. The emphasis upon rights has impoverished the social discourse. For rights to be meaningful and workable, they have to have a context or framework to exist in. This is where responsibility comes in. hat differentiates Mr. Lloyd from other authorities is that he deepens the definition of responsibilities beyond simply recognizing and protecting other people's "rights." He is reaching for the stuff that holds countries together, that is the type of responsibility that builds communities. For this reason, advocates a return to the biblical heritage upon which British and American constitutional concepts rest (Lloyd, 2008).

J.B. illiams…… [Read More]

Works Cited

Legal vs. moral rights, rights vs. responsibilities, freedom vs. equality. (2007, August 11).

Retrieved 23 July 2010 from  http://www.thefighting44s.com/archives/2007/08/11/legal-vs.-moral-rights-rights-vs.-responsibilities-freedom-vs.-equality/ 

Perez, Matthew C. (2006, November 26). Rights vs. responsibilities: it is the "responsibility" of the citizens of a society to protect the "rights" granted to them by previous generations . Retrieved from  http://www.associatedcontent.com/article/89196/rights_versus_responsibilities.html?cat=9 

Social issue: rights vs. responsibilities. (2008, Winter). Retrieved 23 July 2010 from  http://www.vision.org/visionmedia/article.aspx?id=4750
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Right to Die Why Patients

Words: 1794 Length: 5 Pages Document Type: Essay Paper #: 94621099



Fact sheet on end-of-life care. American Psychological Association. http://www.apa.org/pi/eol/factsheet1.pdf

Fact sheet on end-of-life care, published by the American Psychological Association discusses the adult's mental health needs near the end of life and the obstacles they confront to having a comfortable death.

Foley, K.M., (1995). Pain, Physician assisted dying and euthanasia. Pain 4, 163-178.

Foley discusses how access to and delivery of pain treatment are seriously deficient in the present health care systems in the United States. The author advocates expanding services and resources to care for the dying patient.

Isaacs, S.L. And Knickman, J.R (1997). To improve health and health care. San Francisco, CA: Jossey ass.

Isaacs and Knickman examine programs of the Robert Wood Johnson Foundation, a health care philanthropy. They reports its history, evaluates its effect, and discusses lessons learned as well as provide a frank discussion of why some problems can't be easily solved.

Langer, G. (2003,…… [Read More]

Bibliography

Bernstein, S. (1997, September 30). An act of mercy or murder?

 http://www.aish.com/societywork/sciencenature/Doctor-Assisted_Suicide.asp 

Bernstein includes opinions (both pro and con) on whether services be available to any patient who is terminally ill and facing certain death within six months.

Coleman, C.H. And Miller, T.E. Stemming the tide: Assisted suicide and the Constitution.  http://law.shu.edu/faculty/fulltime_faculty/colemaca/pdf_docs/coleman_miller_watermark.pdf
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Right to Die Legal and Ethical Issues Concerning the Withdrawal Withholding of Treatment

Words: 2116 Length: 8 Pages Document Type: Essay Paper #: 90932592

Right to Die

For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the meanings of liberty and freedom of choice, the morality of taking one's own life, the ethics of people involved in such actions, and the laws related to this issue take center stage in the arguments.

Since civilization began, suicide has existed in one form or another, with varying degrees of acceptance, such as the ancient Greeks who held tribunals for elderly people who requested to die, and if approved, were given hemlock and during the first century B.C. actually held annual banquets where the elderly were allowed to attend and drink poison if they felt they had lived long enough.

Moreover, "traditional…… [Read More]

Works Cited

Brennecke, Shari J. "Right to Die: An Overview" Gerontology Manual.  http://otpt.ups.edu/Gerontological_Resources/Gerontology_Manual/Brennecke.html .(accessed 12-03-2003).

Chachere, Vickie. "Judge appoints professor as guardian for brain-damaged woman in Florida." AP Worldstream. November 01, 2003. http://ask.elibrary.com/getdoc.asp?querydocid=1P1:86544618&dtype=0~0&dinst=0&pubname=AP+Worldstream&author=VICKIE+CHACHERE%2C+Associated+Press+Writer&title=Judge+appoints+professor+as+guardian+for+brain%2Ddamaged+woman+in+Florida&date=11%2F01%2F2003&query=Terry+Schiavo+and+the+State+of+Florida%2E&maxdoc=30&idx=2&ctrlInfo=result%3ASR%3Aprod.(accessed 12-03-2003)

Cruzan v. Director, Missouri Dept. Of Health." Citation: 497 U.S. 261 (1990)

Concepts: Right to Die/State Police Powers.  http://www.tourolaw.edu/patch/CaseSummary.html .(accessed 12-03-2003).
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Defendant and the Bill of

Words: 1071 Length: 3 Pages Document Type: Essay Paper #: 50128262

Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.

The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…… [Read More]

REFERENCES'

Brant, Irving. (1965). The Bill of Rights: Its Origin and Meaning. Indianapolis, IN: Bobbs-Merrill.

The Bill of Rights: Amendments 1-10 of the Constitution." (2005). Internet. Accessed October 15, 2005. http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm.

Bill of Rights
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Homeless Rights Assembly Member Mike

Words: 867 Length: 3 Pages Document Type: Essay Paper #: 77682514

"The Research Supplemental Poverty Measure: 2011" Census.gov (2012): 32, internet, 26 Jun. 2013. Available: http://www.census.gov/prod/2012pubs/p60-244.pdf.]

With so many residents facing homelessness, it seems imperative to understand the cost of not implementing the hygiene centers through the local public health departments. When researchers examined the hospitalization rates of homeless persons in Honolulu, Hawaii, they found that hospitalizations in acute-care hospitals occurred at a rate 5.6-fold above the average for state residents.[footnoteRef:6] for psychiatric hospitals, it was 131-fold higher. The estimated cost of the excess hospitalization for the 1,751 homeless persons studied was close to $3.5 million in 1992 dollars. In 2010 dollars,[footnoteRef:7] this would amount to about $4.9 million. Based on a homeless population of 136,000 to 750,000 for the State of California, the excess medical costs associated with homelessness could be somewhere between $381 million and $2.1 billion dollars per year. [6: Jon V. Martell et al., "Hospitalization in an…… [Read More]

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Procedural Due Process the Bill

Words: 1297 Length: 4 Pages Document Type: Essay Paper #: 51859706

Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.

In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.

The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…… [Read More]

Another benefit involves the rights themselves. The police often persuade the accused that cooperating will benefit them in the long run. It is easy for someone who has been arrested to assume that this implies talking will lead to leniency. The problem is that any leniency by the police is either not ethical or is strictly up to the discretions of the police. So, there is often uneven leverage whenever the police want to interrogate an accused.

Also, if not advised, many people would assume that they are entitled to a lawyer, but later. Without knowing that you are allowed to have a lawyer present during police questioning, few people are going to assert the right they did not they had. The same is true about the right to have an attorney appointed if you cannot afford one. It is plausible that most people assume this only apply in the courtroom and not at the police station. Without an attorney present, most arrestees will not know that they have the right to stop an interrogation at any time or that using the rights cannot be held against them. For all of the above reasons, the rights bestowed upon Americans in Miranda are absolutely vital to protecting our Fifth and Sixth Amendment rights to due process of the law.

The two very important decisions of the United States Supreme Court in the 1960's have both gone a long way in preserving the basic and fundamental liberties that Americans have enjoyed since our inception as a country. While there are times these safeguards backfire and allow guilty people to go free, it is more essential that all Americans have the peace of mind that comes with knowing if they are ever charged with a crime, they will not also be subject to the unfair practices that the Bill of Rights are designed to prevent.
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Gun Control Why the Bill

Words: 656 Length: 2 Pages Document Type: Essay Paper #: 55431253

" ("The Second Amendment," the Brady Campaign, 2006) Note how pro-gun activists conveniently omit the words referring to a well-regulated militia in their defense of carte blanche access to firearms. hen the U.S. Constitution was adopted, each of the states had its own military force comprised of part-time soldiers, and the militia was 'well-regulated' in the sense that its members were subject to various requirements such as training and engaging military exercises away from home. "It was a form of compulsory military service intended to protect the fledgling nation from outside forces and from internal rebellions," and every soldier was allowed to use his or her own firearms in the service of the United States as a member of the military ("The Second Amendment," the Brady Campaign, 2006)

To arm and train the military was the true intent of the Second Amendment, not that every person without military training should…… [Read More]

Works Cited

Gun Control." ACLU. 4 Mar 2002. [16 Feb 2007]  http://www.aclu.org/police/gen/14523res20020304.html 

The Second Amendment." The Brady Campaign. 2006. [16 Feb 2007]  http://www.bradycampaign.org/facts/issues/?page=second
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Government Has a Perfect Right

Words: 1525 Length: 4 Pages Document Type: Essay Paper #: 48657994

eber and Spencer took this further and say the need for government control over some aspects of society, but not those that removed decisions and rights from the individual. Thus, as adults and citizens the government should offer structure and guidance in a manner that is consistent with the social goals of the Enlightenment; namely allowing actualization without overly reducing individual decisions and actualization.

orks Cited

Aristotle. Nichomaecean Ethics. New York: Nuvision Publications, 2007. Print.

Barry, B. hy Social Justice Matters. Malden, MA: Polity Press, 2005. Print.

Bayer, R., ed. Public Health Ethics. New York: Oxford University Press, 2007. Print.

Constitutional Rights Foundation. "Plato and Aristotle on Tyranny and the Rule of Law." Fall 2010. crf-usa.org. eb. April 2013. .

Gay, P. The Enlightenment - the Science of Freedom. New York: .. Norton, 1996.

Porter, R. The Enlightenment. New York: Palgrave-MacMillan, 2001.

Sharma, C. "Beyond Gaps and Imbalances." Public Administration…… [Read More]

Works Cited

Aristotle. Nichomaecean Ethics. New York: Nuvision Publications, 2007. Print.

Barry, B. Why Social Justice Matters. Malden, MA: Polity Press, 2005. Print.

Bayer, R., ed. Public Health Ethics. New York: Oxford University Press, 2007. Print.

Constitutional Rights Foundation. "Plato and Aristotle on Tyranny and the Rule of Law." Fall 2010. crf-usa.org. Web. April 2013. .
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Will Theory and Inalienable Rights

Words: 975 Length: 3 Pages Document Type: Essay Paper #: 45097221

Inalienable ights

Although America's founding documents declared unequivocally "that all men are created equal, that they are endowed by their Creator with certain unalienable ights, that among these are Life, Liberty and the pursuit of Happiness," the signing of the Declaration of Independence did nothing more to end the debate over rights, power, and liberty than did the discourses of Immanuel Kant, Thomas Hobbes, and John Locke. The notion of inalienable rights is rooted in Hobbesian theory, after Hobbes wrote in his Leviathan that "to use his own power, as he will himself, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing anything, which in his own judgment, and eason, he shall conceive to be the (most) apt means thereunto," thus offering philosophy's most basic elucidation of the concept of inalienable rights. Western philosophy has always focused the attention of…… [Read More]

References

Wenar, L. (2011). Rights. The Stanford Encyclopedia of Philosophy. (Fall 2011 Edition), Edward Zalta (ed.), Retrieved from  http://plato.stanford.edu/archives/fall2011/entries/rights/ 

Greenwald, J. (1987, July 06). A gift to all nations. TIME, Retrieved from  http://www.time.com/time/magazine/article/0,9171,964901,00.html
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States Rights vs National Government

Words: 1485 Length: 5 Pages Document Type: Essay Paper #: 43328432

IGHTS VS. NATIONAL LAWS

National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves." [1] Deborah Merritt, Ohio State University law professor, has often been cited in Court rulings for her discussion of relationship between federal and state laws. Merritt notes that "since at least the eighteenth century, political thinkers have stressed that republican government is one in which the people control their rulers." [2].

United States is a prime example of this form of government since the Constitution allows states to make its own local…… [Read More]

REFERENCES

1. Baker v. Carr, 369 U.S. 186, 222-23 n.48 (1962), quoting In re Duncan, 139 U.S. 449, 461 (1891).

2. Deborah Jones Merritt, The Guarantee Clause and State Autonomy: Federalism for a Third Century, 88 Colum. L. Rev. 1, 23 (1988)

3. Id. At 61 (quoting Brown v. EPA, 521 F.2d 827, 840 (9th Cir. 1975), vacated and remanded for consideration of mootness sub-nom EPA v. Brown, 431 U.S. 99 (1977))

4. U.S. Const. art.,I § 8, cl. 3.
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Assembly Bill 2403

Words: 1723 Length: 6 Pages Document Type: Essay Paper #: 76414837

Assembly ill 2403

The bill in cause comes to address one of the fundamental rights of a human being, the right of a person to privacy. In the context of the ever-growing aggressive paparazzi, who, under the justification that certain persons can be deemed and categorized as "public persons," find it just to spy, film and take pictures of celebrities, movie stars or politicians, this bill comes exactly at the right time and intends to cover the entire issue in question. Obviously, throughout the world, the tragic death of Princess Diana in 1997, followed towards her death by a herd of paparazzi on scooters, trying to sneak away a picture of the Princess and Dodi Al Fayed, was a direct cause of state legislators trying to fully cover the issue of privacy.

Perhaps before we address the bill in question, we need to briefly discuss the notion of privacy, as…… [Read More]

Bibliography

http://democrats.assembly.ca.gov/members/a35/legislation.htm

From the Internet at  http://en.wikipedia.org/wiki/Privacy 

From the Webster website at http://www.webster.com/cgi-bin/dictionary?book=Dictionary&va=privacy

From the Bill.
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The POBR bills case'study

Words: 1237 Length: 4 Pages Document Type: Essay Paper #: 38221639

POB signifies. POB stands for Police Officer's Bill of ights. This bill, sponsored in the 1971 to 1972 session by late Congressman Mario Biaggi, was a bill that had the support at first, of over 121 cosponsors. A bill that kept the safety of police officers in mind while also providing them with occupational rights, the bill came from a source of concern by Biaggi who himself was a former police officer shot ten times while on duty (Page, 2013).

Although the bill received great support, it took twenty years until it was sent to the Senate floor where it passed by an 8-point margin of 55 to 43 (Schmidt, 2005). It was not until 1995 it would be sponsored by both the Senate and the House. The current name for the POB bills are "State and Local Law Enforcement Discipline, Accountability, and Due Process Act. The POB bills have…… [Read More]

References

Aitchison, W. (2015). The rights of law enforcement officers. Portland, OR: Labor Relations Information System Publications.

Cronkhite, C. & Cronkhite, C. (2013). Law enforcement and justice administration. Burlington, MA: Jones & Bartlett Learning.

Page, J. (2013). The toughest beat. Oxford: Oxford University Press.

Schmidt, W. (2005). Peace Officers' Bill of Rights Guarantees: Responding to Union Demands with a Management Sanctioned Version. Law Enforcement Executive Forum, 5(2), 1-10.
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Women's Rights Cases for Gender

Words: 4162 Length: 15 Pages Document Type: Essay Paper #: 90558822

The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.

The following depicts Justice Bradley's concurring opinion regarding Bradwell's

Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…… [Read More]

REFERENCES

Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,

2009, from  http://books.google.com/books?id=pi5AAAAAIAAJ&q=Liberti+v.+York&dq=Li 

erti+v.+York&lr=&ei=ub3YScLeEIqKNKT3vIAD&pgis=1

The Columbia World of Quotations. (1996). Columbia University Press. New York.
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International Bill of Human Rights

Words: 626 Length: 2 Pages Document Type: Essay Paper #: 78548597

"

Articles 6 to 15 of the International Covenant on Economic, Social and Cultural ights recognize the rights of people to work under decent conditions, join and form trade unions, collect social security, and enjoy a decent standard of living (Office for the High Commission of Human ights, 1996). International laws also aim to provide protection and assistance for the family, especially mothers, children and young people.

Further, articles 6 to 27 of the International Covenant on Civil and Political ights protect the right to life and prohibit torture or to cruel, inhuman or degrading treatment or punishment (Office for the High Commission of Human ights, 1996). In addition, they hold that no one is to be subjected to arbitrary arrest or detention and that all persons have the right to be treated with humanity. The provides for the establishment of a Human ights Committee responsible for supervising implementation of…… [Read More]

References

The UN in Brief. (2004). What the UN Does for Justice, Human Rights and International Law. Retrieved from the Internet at  http://www.un.org/Overview/brief3.html .

Office for the High Commission of Human Rights. (June, 1996). Fact Sheet No.2 (Rev.1), the International Bill of Human Rights. Retrieved from the Internet at http://www.unhchr.ch/html/menu6/2/fs2.htm.

Joychild, F. Roche, M. (February 13, 1997). Human Rights Law from Domestic and International Sources. Auckland District Law Society.
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Patient's Rights and Responsibilities Why

Words: 633 Length: 2 Pages Document Type: Essay Paper #: 73896830

2).

A Patient's Rights

There are a number of lists to go by when it comes to the patient's "Bill of Rights," including a patient's rights under the Affordable Care Act. In the American Cancer Society "Patient's Bill of Rights" it begins with the right every patient has to "…accurate and easily-understood information about your health plan, health care professionals, and health care facilities' (www.cancer.org). Of course a patient also has the right to choose health care providers and when it comes to emergency services, a patient has a right to be "…screened and stabilized using emergency services" when injured or seriously ill; so that when one's health is in jeopardy, access to emergency services can be a vital and stabilizing experience (www.cancer.org).

A patient also has the right to be part of decisions regarding what treatment is appropriate, and a patient has a right to be respected and treated…… [Read More]

Works Cited

American Cancer Society. (2011). Patient's Bill of Rights: What is the Patient's Bill of Rights?

Retrieved July 31, 2012, from  http://www.cancer.org .

Torrey, Trisha. (2010). Patient's Responsibilities. About.com. Retrieved July 31, 2012, from  http://patients.about.com .
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Self Incrimination and Right to Counsel Approach

Words: 2485 Length: 8 Pages Document Type: Essay Paper #: 41337910

The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…… [Read More]

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Gay Lesbian Civil Rights

Words: 1626 Length: 4 Pages Document Type: Essay Paper #: 30047925

passing of the civil rights protection of homosexuals. This paper presents the views and reasons of the people who oppose the passing of this act. This paper then demonstrates the importance of the passing of this act and how it would benefit the society at large. The paper also highlights certain quotes to support its claim.

Civil Rights Protection of Homosexuals Human beings claim to represent a society that is not only civilized but also just in its ways. hen we as humans can fight for animal's rights, than we can certainly work for the civil rights protection of the homosexuals, who still belong to the category of human beings. Discrimination on the basis of race, class and sexual orientation must be eliminated as much as possible. Man, a creature of God has not been given the liberty to judge between right and wrong. As the bible has said, "There…… [Read More]

Works Cited

Dan L. Gays Deserve Their Civil Rights. 20 Apr. 1995. Available on the address http://www.spub.ksu.edu/ISSUES/V099B/SP/n141/opn-gay-rights-lewerenz.html.. Accessed on 11 Nov. 2003.

Darren H. Gay rights For Gay Whites?: Race, Sexual Identity, And Equal Protection

Discourse. Cornell Law Review. 1 Jul. 2000.

Homosexual Agenda. Available on the address  http://www.christianhelps.org/homoagenda.htm . Accessed on 11 Nov. 2003.
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Universal Human Rights Federal Criminal

Words: 1455 Length: 4 Pages Document Type: Essay Paper #: 13989066

(Deuteronomy 22:28-29). hile these Biblical endorsements of unequal treatment may seem historical and antiquated to a modern, estern audience, the fact is that many parts of the world still treat women in a similar fashion, so that the Bible would be useless in helping to determine a standard of human rights for women.

In addition, many human rights activists believe that the death penalty is a de facto violation of human rights, regardless of the guilt or innocence of the person to be executed and the nature of the crime committed by that person. However, the Bible clearly endorses the application of the death penalty. Moreover, the Bible endorses the use of the death penalty in areas where most of the modern world has determined its use to be inappropriate. Amaziah executed his father's assassins, and the Bible described him as doing "what was right in the eyes of the…… [Read More]

Works Cited

Adherents.com. "Major Religions Ranked by Size." Adherents.com. 2007. Adherents.com 28

Sept. 2007  http://www.adherents.com/Religions_By_Adherents.html .

Carlson, Doug. "ENDA: Ending an Important Employer Right." The Ethics and Religious

Liberty Commission of the Southern Baptist Convention. 2007. The Southern Baptist Commission. 28 Sept. 2007  http://erlc.com/article/enda-ending-an-important-employer-right .
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Protection of Personal Rights For Instance in

Words: 1209 Length: 3 Pages Document Type: Essay Paper #: 33937442

protection of personal rights. For instance, in the case of the U.S. Supreme Court on Griswold V. Connecticut, married couples should have the rights to privacy when it comes to birth control.

PROTECTING THE RIGHTS TO PRIVACY

Imagine the state telling people how many children they can have, what birth control methods they can use, and blasting the personal information of individuals on the television, computer, radio and etc. Personal information about what diseases, medical health, salaries, how many times an individual has been married, how many divorces, and other personal rights should be protected by the Fourth and Fifth Amendments. Should the state laws have the ability to give personal information to others? Should companies or individuals have the right to get personal information about a person off the computers? hat should individuals do to keep their privacy?

In Connecticut, it is a crime for a person to use…… [Read More]

Works Cited

Electronic Privacy Principles" CPSR Available Online at http://cpsr.org/program/privacy/privacy8.htm

Epic.org Electronic Privacy Information Center" Latest News October 16, 2002 Available Online at  http://www.epic.org 

Privacy and Civil Liberties" CPSR Available at http://cpsr.org/program/privacy/privacy.htm

Junk' Mail: How Did They All Get My Address" Fact Sheet 4: Reducing Junk Mail Oct 1992 Available Online at  http://www.privacyrights.org/fs/fs4-junk.htm
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Civil Rights and Civil Liberties

Words: 694 Length: 2 Pages Document Type: Essay Paper #: 61199279

Civil rights can be delineated as the very basic and fundamental rights to be free from unequal treatment, on the basis of particular attributes that are considered important, for instance gender, race, and also disability. The Bill of Rights protects all citizens of the nation against the infringement of their rights and liberties by any entity and even the state, as it is assured in the Constitution. One of the key civil rights discussed and debated in the United States in the present day encompasses the rights of the lesbian, gay, bisexual, transgender, queer or questioning community (LGBTQ) (Newton, 2014).

Describe the observed political event in detail, including the environment and people involved

The event I attended was a political protest that covered the annual gay rights march. In particular, the parade was in search of shedding some light on the gay rights. The individuals that participated in the parade…… [Read More]

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Human Rights Improve Around the

Words: 1983 Length: 6 Pages Document Type: Essay Paper #: 36980176

Social ideals and ethics are secondary. As such, if it were most beneficial to the State to commit genocide while conquering another nation, that would be the course of action taken. However, again thanks to increased media coverage, the world and governing bodies such as the U.N. Would not sit idly by. For this reason, this perspective is quickly becoming antiquated. Idealism, in contrast, is on the other end of the international relations spectrum.

Idealism surmises that a State's internal policies should be reflected in their foreign policies -- what they wish to occur within their boundaries is what they should support outside of their boundaries. Followers of idealism live by the Golden un -- Do unto others as you'd have them do unto you. The promotion of human rights globally would be incredibly important, from this perspective, as they too would want to enjoy the benefits of human rights…… [Read More]

References

Human rights timeline: From antiquity to the Magna Carta. (No date). Retrieved October 28, 2009, from  http://www.gwu.edu/~erpapers/humanrights/timeline/timeline1.cfm .

Human rights timeline: From European expansion to the Enlightenment. (No date). Retrieved October 28, 2009, from  http://www.gwu.edu/~erpapers/humanrights/timeline/timeline2.cfm .

Human rights timeline: From the American Revolution to Napoleon. (No date). Retrieved October 28, 2009, from  http://www.gwu.edu/~erpapers/humanrights/timeline/timeline3.cfm .

Human rights timeline: From the Indian Removal Act to the U.S. Sedition Act. (No date). Retrieved October 28, 2009, from  http://www.gwu.edu/~erpapers/humanrights/timeline/timeline4.cfm .
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Basic Human Rights

Words: 2916 Length: 10 Pages Document Type: Essay Paper #: 55801194

Human Rights, eyond Intervention

The true civilization is where every man gives to every other every right he claims for himself.

The argument

There is a modern debate that is ongoing between different views of human rights and law in contemporary society. Essentially the debate has two fundamentally opposing points-of-view. On the one side are those who view certain human rights as intrinsic to the meaning of being human and inalienable for all humanity, regardless of any external social, political or legal influences. This is generally referred to as natural human rights. On the other hand there is a general and opposing viewpoint that human rights are not essential or intrinsic, but rather socially and legally created and determined. To complicate the debate there are various stances and points-of-view that include elements of both these arguments.

Central to this debate is another more subtle debate that underlies the different views…… [Read More]

Bibliography

Adler M. On Inalienable Rights. The Mortimer J. Adler Archive

 http://radicalacademy.com/adlerinanrights.htm 

Devine, Carol, and Carol Rae Hansen. Human Rights: The Essential Reference. Phoenix, AZ: Oryx Press, 1999.

Grant R. The Social Contract and Human Rights.
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Universalism and Relativism in Human Rights

Words: 3628 Length: 9 Pages Document Type: Essay Paper #: 42525475

Human ights

The closest thing to a universally-accepted definition of human rights comes from the United Nations High Commissioner for Human ights (OHCH). That body's definition is founded on the principle that human rights are inalienable and universal. That is, they apply to all human beings and that all are entitled to these rights without discrimination. The UN definition also holds that human rights are "interrelated, interdependent and indivisible" (OHCH, 2016). The OHCH cites such rights as the right to work, the right to self-determination, to social security and education, to equality before the law and to freedom of expression (OHCH, 2016). How these broad concepts are to be operationalized is not specified by the OHCH. Indeed, there are some inherent contradictions immediately apparent between the definition set forth by the OHCH and the Universal Declaration of Human ights, the foundational document for the modern neoliberal concept. As an example,…… [Read More]

References

Abu-Lughod, L. (2011). Do Muslim women really need saving? Anthropological reflections on cultural relativism and its others. Ethics Forum: September 11 and Ethnographic Responsibility. Retrieved March 30, 2016 from http://internationalhumanrightslaw.net/wp-content/uploads/2011/01/Do-Muslim-Women-Really-Need-Saving-Anthropological-Reflections-on-Cultural-Relativism-and-Its-Others.pdf

Baghramanian, M. & Carter, J. (2015). Relativism. Stanford Encyclopedia of Philosophy. Retrieved March 30, 2016 from  http://plato.stanford.edu/entries/relativism/#CoVarDef 

Basnet, G. & Albalooshi, M. (2012). Human rights debate: Universalism versus relativism. Eurasia Review. Retrieved March 30, 2016 from  http://www.eurasiareview.com/27062012-human-rights-debate-universalism-versus-relativism-oped/ 

Bernstein, R. (1983) Beyond objectivism and relativism: Science, hermeneutics and praxis. University of Pennsylvania Press: Philadelphia.
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Defendants' Rights the Importance of

Words: 1648 Length: 5 Pages Document Type: Essay Paper #: 85946383

Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of ways to manage these rights and still perform their jobs.

While the myriad of rights offered to defendants in the United States may sometimes seem like ways to protect the guilty and harm the innocent, this is far from the case. Not only are these rights necessary for protecting the defendant, along with the rest of the democratic society of the United States, but the rights can also be managed through a plethora of legal tactics on the part of the courts and police officers. Established through the Constitution and landmark court cases, primarily, defendants' rights honor the intent of the constitution. Though it is true that some guilty defendants may…… [Read More]

References

Cima, Greg. (2006, 21 November). Marijuana charges dropped because of illegal search.

The Pantagraph. Retrieved at http://www.pantagraph.com/articles/2006/11/21/news/doc4563de8080933076324107.txt

Edgar, Timothy H. Interested Persons Memo. Retrieved November 23, 2008, at  http://www.aclu.org/safefree/general/17203leg20030214.html 

Farrell, Nick (2008, 20 November). Copper stole my Xbox. The Inquirer. Retrieved at  http://www.theinquirer.net/gb/inquirer/news/2008/11/20/copper-stole-xbox
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Abortion and the Right to Privacy it

Words: 2582 Length: 7 Pages Document Type: Essay Paper #: 56380285

Abortion and the Right to Privacy

It is a summary of the most important elements of your paper. All numbers in the abstract, except those beginning a sentence, should be typed as digits rather than words. To count the number of words in this paragraph, select the paragraph, and on the Tools menu click ord Count.

United States' law is descended from English common law. As it stands, the historical idea of a life beginning at "quickening" has been replaced by the idea of fetal "viability." Despite a brief historical hiatus, women maintain the right to an abortion, before life begins. Despite Georgia's best efforts, fetuses are not people, legally or otherwise. Naturally, states regulate abortions and even proscribe them, under specified circumstances. However, the historical right to privacy in the home includes the right to choose whether to procreate. The right to privacy is protected in the substantive due…… [Read More]

Works Cited

Boyd v. United States, 116 U.S. 616, 116 U.S. 630 (The Supreme Court December 11, 1886).

Bullough, V. (Ed.). (2001). Encyclopedia of Birth Control. Santa Barbara, CA, U.S.: ABC-CLIO.

Coke, E. (2001). The Third Part of the Institutes of the Laws of England: Concerning High Treason, and Other Pleas of the Crown and Criminal Causes. Clark, N.J.: The Lawbook Exchange, Ltd.

Garrow, D. (1998). Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade (2nd Edition ed.). Berkeley and Los Angeles, CA: University of California Press.
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Teacher Rights and Responsibilities in

Words: 1604 Length: 5 Pages Document Type: Essay Paper #: 94484867



esponding to hate crimes

Finally, all employees of the Trenton Public School District who become aware in the course of their employment that a student or other staff person has committed a hate crime or is about to commit one are required to immediately inform the principal and chief school administrator. According to the District's Equal Educational Opportunity Policy (File Code 5145.4), "All incidents of hate/bias shall be reported whether they occur during school hours on school grounds, on the way to or from school or otherwise" (p. 2). Teachers can play an important role in mitigating hate crimes in the schools by addressing anti-Semitism and Islamophobia (Haynes, 2011).

eferences

Anderson, J.B. (2009, Fall). Academic freedom in post-September 11 America: A research guide.

eference & User Services Quarterly, 49(1), 13-15.

Applied Engineering and Science Academy mission statement. (2007). Trenton Board of Education. etrieved from http://www.trenton.k12.nj.us/tchs/Course%20

Catalog/Course%20Catalogue%202006.pdf.

Black's law dictionary. (1990).…… [Read More]

References

Anderson, J.B. (2009, Fall). Academic freedom in post-September 11 America: A research guide.

Reference & User Services Quarterly, 49(1), 13-15.

Applied Engineering and Science Academy mission statement. (2007). Trenton Board of Education. Retrieved from  http://www.trenton.k12.nj.us/tchs/Course%20 

Catalog/Course%20Catalogue%202006.pdf.
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Impact of Federalism on Privacy Rights

Words: 1290 Length: 4 Pages Document Type: Essay Paper #: 48864000

Federalism and Constitutional Debates

One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact.
Positive Impact…… [Read More]

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The Right to Privacy

Words: 955 Length: 3 Pages Document Type: Essay Paper #: 79456492


1. The constitutional foundation for the right to privacy is multifaceted. However, this right is implicit to the right of liberty guaranteed by this document. In particular, privacy is a manifestation of the civil liberties which all citizens are assured of in the U.S. Constitution. The preamble to the constitution states this fact. The preamble reveals the Constitution was created in part to “secure the Blessings of Liberty” (Founding Fathers). The blessings of liberty quickly become a curse if there is no privacy. If people were able to see and become cognizant of everything everyone did, then people are not necessarily free or experiencing a state of liberty. Privacy, therefore, is implicit to liberty, which is why the constitutional defense of this concept provides the foundation for the right to privacy.

There are other parts of the constitution which provide a foundation to the right of privacy as it relates…… [Read More]

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is the right to privacy protected by constitution

Words: 725 Length: 2 Pages Document Type: Essay Paper #: 45742990

right to privacy is wrongly assumed to be expressly protected by the Constitution; in fact no right to privacy clause exists but is implied in the Bill of Rights. Privacy is implied, for example, in the freedom of religious beliefs and practice guaranteed in the First Amendment. The Fourth Amendment's provision against unlawful search and seizure refers to the right to privacy, as does the Fifth Amendment right to remain silent. Privacy is broadly believed to be a natural extension of other rights in the Constitution.

In Griswold v. Connecticut the court described the right to privacy as part of a "penumbra" or zone encompassing at least the First, Third, Fourth, and Fifth Amendments ("Griswold v. Connecticut and the Right to Contraceptives"). The Griswold case provided the foundation for the later case Roe v. ade, which used the same penumbra analogy to show that childbearing choices fall within the presumed…… [Read More]

Works Cited

ACLU. "Your Right to Privacy." Retrieved online:  https://www.aclu.org/other/your-right-privacy 

"Griswold v. Connecticut and the Right to Contraceptives," Findlaw. Retrieved online:  http://family.findlaw.com/reproductive-rights/griswold-v-connecticut-and-the-right-to-contraceptives.html 

Kernell, Samuel, Jacobson, Gary C., Kousser, Thad, and Vavreck, Lynn. The Logic of American Politics. 6th edition. Thousand Oaks: Sage.

"The Right of Privacy." Retrieved online:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html
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Care Bill Law's Impact on

Words: 1415 Length: 5 Pages Document Type: Essay Paper #: 74392003

In addition the effect of bill has changed the documentation awarded through the state as of a certificate toward a license and authorizes a doctor to pass on duties to a PA with the purpose of managing physician's scope of performance however Another effect of bill has enabled Indiana's doctor assistants to widen their area of the health care services and also provided an innovative average of patient care (Stephanie, Matlock (27 April, 2007). Health care bills gives right to patient to know what health care should be known by the plan as well as several limits on care, kinds of health care be not enclosed, any treatment diagram required to endorse in advance. Yearly planning about on disburse to physician and health providers, file a complaint regarding any, disagreement between patient and the plan, and also procedure to make complaint, allowance to access emergency room twenty four hours a…… [Read More]

Bibliography

American-Speech Language Hearing Association. (2007) Characteristics of Licensure Law. Retrieved on November 29, 2007 from www.asha.org

New York State. (April 2007) Managed Care Bill of Rights. Retrieved on November 29, 2007 from www.health.state.ny.us

Federal Trade Commission. (October 21, 2002) FTC staff opposes Ohio Bill to Allow Physician Collective Bargaining. Retrieved on November 29, 2007 at  http://www.ftc.gov/opa/2002/10/physicians.shtm 

Girardin, Pierre. Internet Health Services: A Case Study. Retrieved on November 29, 2007 from  https://www.isoc.org/inet96/proceedings/h5/h5_2.htm
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Civil Rights African-Americans and Women's

Words: 2487 Length: 9 Pages Document Type: Essay Paper #: 23336181



Much like African-American leaders and reformers that brought about the end of racial discrimination and segregation via the Civil Rights Movement, in 1866, Stanton created the American Equal Rights Association, aimed at organizing women in the long fight for equal rights. In 1868, the U.S. Congress ratified the Fourteenth Amendment to the Constitution which "defined citizenship and voters as male" and excluded women; in 1870, Congress ratified the Fifteenth Amendment which also excluded women in favor of African-American males ("The History of Women's Suffrage," Internet).

At this point, the women's movement split into two factions, the National Woman

Suffrage Association, headed by Stanton and Susan . Anthony, and the American Woman Suffrage Association, a more conservative organization headed by Julia Ward Howe and Lucy Stone. y 1890, these two opposing factions joined forces to create the National American Woman Suffrage Association under the leadership of Elizabeth Cady Stanton (Gurko, 145).…… [Read More]

BIBLIOGRAPHY

Berkeley, Kathleen C. The Women's Liberation Movement in America. New York:

Greenwood Publishing Group, 1999.

Frederick Powledge. We Shall Overcome: Heroes of the Civil Rights Movement. New York: Simon & Schuster, 1993.

Gurko, Miriam. Ladies of Seneca Falls: The Birth of the Women's Rights Movement.
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Human Rights in Australia Bearing

Words: 2582 Length: 8 Pages Document Type: Essay Paper #: 93570425



Another aspect which is important to be taken into account in respect to human rights issues is the right to seek asylum. The 1951 UN Convention for Refugees states that asylum seekers should be helped by the country where they seek assistance in order to prevent the return of the people in a situation which would put their lives or their integrity in danger. However, for the Australian government such a provision is less important than the actual attempt to cut down on immigration and reduce the possibility of people entering legally or illegally in the country. In this sense, there is a famous case which points out precisely this attitude of the Australian government which pointed out the fact that indeed, there is no particular desire for the Australian officials to go beyond their national interest and work for the global one. Thus, in 2001 Australia refused to give…… [Read More]

Works Cited

Amnesty International, 'Australia: Too many open questions: Stephen Wardle's death in police custody'. Library: Asia Pacific. (1996). http://asiapacific.amnesty.org/library/Index/ENGASA120131996?open&of=ENG-AUSat 19 May 2008.

Australia accused of violating UN convention. RTE news (2001)  http://www.rte.ie/news/2001/0829/australia.html 

Australian Government, Human Rights. Attorney General's Department. (2008)  http://www.ag.gov.au/www/agd/agd.nsf/Page/Humanrightsandanti-discrimination_Humanrightsat  19 May 2008.

Human Rights Watch, 'Australia: Anti-Terrorism Proposal Threatens Civil Liberties'. Human Rights Watch (2006)  http://hrw.org/english/docs/2005/10/13/austra11863.htm . At 19 May 2008.
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Philosophy Justice and Human Rights

Words: 677 Length: 2 Pages Document Type: Essay Paper #: 83295727



This indicates that human rights, and the desire for human rights, seem to be a human need, and so, it is not reliant on any one foundation, such as the Protestant Reformation. True, the Reformation set the wheels in motion, but continued oppression by tyrannical governments also caused the need for human rights. This is true for the Universal Declaration of Human Rights, as well. The Declaration came as a result of World War II and the formation of the United Nations, and it sought to ensure the human rights of all citizens of the world, no matter where they lived or who governed them. Again, the basic belief that everyone is entitled to human rights is a basic human condition. It usually takes some kind of power or tyranny or oppression to bring out the desire for these rights, and after World War II and the Holocaust, there was…… [Read More]

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Fourth Amendment the Right of the People

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 127143

Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches 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 to be seized" (Cornell University Law School. N.D.). As with a preponderance of Constitutional issues the meaning of the Fourth Amendment has undergone an evolvement from its original intent and purpose as set forth in its composition by the founders and inclusion in the Bill of Rights. "The framers of the Constitution adopted the amendment in response to the writ of assistance (a type of blanket search warrant) that was used during the American Revolution" (Reed, J. May 24, 2011.). The Supreme Court in its role as Constitutional explicator has addressed the scope and boundaries of the…… [Read More]

Olmstead v. U.S.

Analyzing the stated language of the Fourth Amendment there is not an explicit definition of what constitutes an unreasonable search and seizure; only a generalized guarantee of protection against government intrusion. Prior to the Olmstead case in 1928 the Court had not commented substantively into Fourth amendment matters, the exception being Weeks v. U.S. In which the "the exclusionary rule was born; the exclusionary rule forbids the use of illegally obtained evidence in a criminal trial" (Fourth Amendment summaries.com. N.D.). The Court in Olmstead looked to more specifically identify the precise meaning of the reasonableness of search and seizure by government authorities. The case which involved "wiretaps of the basement of Olmstead's building (where he maintained an office) and in the streets near his home" (Oyez.org. N.D.) led the Court to consider the question of whether "the use of evidence disclosed in wiretapped private telephone conversations, violate the recorded party's Fourth and Fifth Amendments?" (Oyez.org. N.D.).

The Court's decision upholding a lower court conviction of Olmstead on bootlegging charges must be placed in the context of the nation's prohibition of alcohol and the government's attempts to enforce the 18th Amendment. As such the Court's opinion reflects a need for officers to utilize means necessary to collect "evidence of a conspiracy to violate the Prohibition Act" (Cornell University Law School. N.D.). The majority opinion reads the Fourth Amendment narrowly across several key areas. First, the wiretapping of "the basement of a large office building and on public streets" (Cornell University Law School. N.D.) did not constitute "trespass upon any property of the defendants" (Cornell University Law School. N.D.). Here the Court articulates a standard that a search is reasonable provided it does not "refer to an actual physical examination of one's person, papers, tangible material effects, or home" (Oyez.org. N.D.). Because none of Olmstead's personal property had been intruded upon, no unreasonable search had been committed. Second, the Court reasoned that wiretapping did not constitute a search because the protection of "the people to be secure in their persons, houses, papers, and effects" does not include the protection of "their conversations" (Oyez.org. N.D.). Lastly, "the wiretaps did not violate the Fourth Amendment because there had been no physical intrusion" (Law.JRank.org. N.D.) into areas which would be considered constitutionally protected. In identifying these markers, the Court's narrow constriction of the reading of the Fourth Amendment indicates the "interest of liberty will not justify enlarging