However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional constitutional authority in relation to the exercise of the dormant Commerce Clause. In that regard, the first consideration is whether or not the statute is "even-handed" and only burdens interstate commerce "incidentally" and without discriminating against intestate commerce either on its face or in its effects. The second consideration is whether the statute furthers an objectively legitimate state purpose. The third consideration is whether any state statute that does further a legitimate state purpose does so in a manner that…...
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References
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Little Brown & Co.
Edwards, G., Wattenberg, M., and Lineberry, R. (2007). Government in America: People,
" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to take private property for a public use while fairly compensating the property owners." (GAO, 2006)
There have been actions in state legislatures toward prohibition of "certain eminent domain practices, such as preventing property from being transferred to one private party to another for specific purposes..." (GAO, 2006) Eminent domain laws in many states have been changed so as to permit "private-to-private transfers only if it meets certain conditions, such as the property having been determined to be blighted." (GAO, 2006) However, these modified eminent domain laws have not undergone testing and moreover there is no available historical data on eminent domain use by which to make comparison of the effects that these…...
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Bibliography
Boulard, Garry (2006) Eminent Domain - for the Greater Good. June 2006. State Legislatures.
Eminent Domain: Information about Its Uses and Effect on Property Owners and Communities Is Limited (2006) United States Government Accountability Office - Report to Congressional Committees. 2006. Nov.
In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teaching of religion and religious ideas occurs in social studies, history, and culture classes. This contributes to students' understanding of different viewpoints, heritages, and the foundations of countries and institutions. Thus, using the Ten Commandments as a lesson in Western law would be a reasonable use of the document in my view. Even hanging the ten commandments in a classroom as a display for a lesson or project or with other types of important laws would have been acceptable Hanging the Ten Commandments as they were in Kentucky, however, was done without a corresponding lesson. That is to say, a secular or educational purpose of the commandments hanging in every classroom,…...
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References
Lane, C. (2005, July 28). Court Split Over Commandments. The Washington Post.
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat down of both Carty and the driver, at which time cocaine was found on Carty. The signed consent to search did not include any reference to a pat down, but both parties agreed to a pat down when requested by the officer for "reasons of safety." Carty moved to have the evidence withheld, since the search was unconstitutional (332 N.J. Super. 200, 2002).
The Supreme Court of New Jersey found that even thought the consent documents were strongly worded in an effort to inform of a right to refuse search, the documents were not sufficient to uphold the Constitutional requirement. The form states:
The individual…...
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References
Amos v. United States. 255 U.S. 313. Supreme Ct. Of the U.S. 1921.
Bumper v. North Carolina. 391 U.S. 543. Supreme Ct. Of the U.S. 1968.
Carroll v. United States. 267 U.S. 132. Supreme Ct. Of the U.S. 1925.
Connecticut v. Brunetti. SC 16788. Connecticut Supreme Ct. Of the U.S. 2005.
Constitutional Law
The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution.
Who were the Petitioner(s) and the espondent(s)? The case deals with two gay men, or in other words, homosexual men, that is, men who prefer partners of the same sex, who happened to be indulging in sex in a home in Houston, Texas, in the year 1998, from where they were arrested. The house belonged to the petitioner, John G. Lawrence, and a neighbor reported to the police that there was a 'weapons disturbance' happening at the house, when in fact, John G. Lawrence and Tyron Garner, another man, were having sex within the privacy of the home. Both the men were arrested and taken over to jail, where they were kept overnight, and…...
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References
International Human Rights law informs recent U.S. Supreme Court decision striking down Anti-Gay Sodomy Laws. Retrieved From
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all approaching cars meets the neutrality requirement. Moreover, the Supreme Court has also determined that the use of drug dogs does not violate one's Fourth Amendment rights; commentators have called this the "plain smell" exception. A positive sign from a drug dog is sufficient to form probable cause that there are drugs in a vehicle, which then gives an officer the right to conduct a full search of the car and its contents, including closed areas such as the glove box and the trunk. Therefore, the prospects for success in Harry's possession case for the marijuana in the vehicle would change, because Harry would likely be found guilty. However, the nature…...
Following In Re Marriage Cases, a group of protesters gathered enough signatures in order to place a constitutional amendment on the ballot in November, 2008. The amendment set out to limit marriage in California to opposite-sex couples. However, that initiative didn't get far because in the State of California, voters may only amend the state constitution by initiative, they may not revise it. A revision must be passed by the state legislature or by constitutional convention (Same Sex Marriage: Developments in the Law, 2009).
The issue of same sex marriages has been a hot debate for years and will continue to be just that. As more and more states enact laws regarding these marriages, the way that people look at them will also change. Until the proponents of a federal law regarding same sex marriages mange to get a measure passed it will continue to be up to each state…...
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Works Cited
Borton, Tom. "Is Gay Marriage a Slippery Slope or an Even Playing Field." The Legality. 2008.
The court held that the district court's refusal to reopen the case and receive additional evidence after the remand from the court was not error. The court did not remand with directions to reopen the case and retry it. The only direction was that the district court was to make more detailed findings on the question of allegedly discriminatory hiring practices that adversely affected the educational opportunities afforded the Mexican-American pupils in a claim under Title VI of the Civil ights Act of 1964, 42 U.S.C.S. § 2000d et seq. The district court considered various and different matters, and also made comprehensive findings on the school district's hiring practices. The district court concluded that the school district had not engaged in any discriminatory employment practices which adversely affected the quality of educational opportunities afforded the Mexican-American children. The court upheld the judgment of the district court, saying that the school…...
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References
Baker, Susan and Hakuta, Kenji. (n.d.). Bilingual Education and Latino Civil Rights. Retrieved December 9, 2009, from Web site:
After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins & Commager).
Civil ights as a Fundamental Social Value:
Before respectfully issuing my recommendations to the Elders as requested, I would like to outline the most important principles that I believe the history of human societies on earth have made clear in the realm of social rules as pertains to diverse populations. First, the true measure of human society is not how well its most privileged and powerful members live; rather, the true measure of any society is the homogeneity with which all members of society are incorporated into it and the minimization of differences between opportunities available to all persons. Second, government authorities have a legitimate justification and motive for regulating…...
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References: Dershowitz, A.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Equiano, O. (1789). The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, The African. Written By Himself. London.
Friedman, A. (2005). A History of American Law. New York: Touchstone.
Guttenplan, D. (2001). The Holocaust on Trial. New York: W.W. Norton.
Nevins, J., Commager, H.S. (1992). A Pocket History of the United States.
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means.
he State will argue that no warrant was required for Hardbutt to search the premises because Hiphop consented to the search and voluntarily allowed Hardbutt onto the premises. herefore, even if the drugs are excluded as the subject of the interrogation, the deer carcass was never discussed in the interrogation and that the deer carcass was simply discoverable as it was in plain sight.
he State will likely argue that the confession about the deer carcass was separable from the confession pursuant to the earlier interrogation at the police station and given freely. Once on the premises, Hiphop had access to food and water and lavatory facilities and he simply responded spontaneously to Hardbutt's questions..
he State's strongest argument against exclusion of the deer carcass is in the event…...
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The 1961 Mapp decision was followed by Escubedo (1964), in which the Supreme Court established that criminal suspects in police custody could not be denied the benefit of legal counsel, which is exactly what happened to my client. Likewise, under Miranda (1965), any police interrogation of my client was illegal after he specifically demanded to consult or to be represented by legal counsel.
Therefore, prior to 1960, my client might have had little recourse to establish that the circumstances of his arrest violated his Fourth Amendment right against illegal search and seizure in many states. Even where it was recognized, it would not have necessarily resulted in the exclusion of evidence seized improperly thereby. Likewise, before 1960, my client's confession may have survived any challenge arguing for its exclusion as well.
Finally, before 1960, my client's statements produced after police refused his request for legal counsel would not have been automatically excluded on that basis alone. By virtue of the combined benefit of Mapp, Escubedo, and Miranda, I anticipate complete success in excluding all of the State's evidence against my client and I expect to file a civil action on his behalf for unlawful arrest, assault, battery, and false imprisonment under color of police authority against the State as well as against Hardbutt personally after his vindication on the criminal charges.
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.
Domicile
Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law. Domicile is more than residence, as it requires physical presence and the intent to remain in the state indefinitely. There are three types of domicile: domicile at origin, domicile of choice, and domicile by operation at law. The law of the forum determines domicile.
Jurisdiction of Courts
Jurisdiction is the court's ability to exercise authority over the parties. For a court to be able to exercise jurisdiction over a party: there must be sufficient contact between the state and the party; the…...
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References
Asimov, M. (2008). Gilbert Law Summaries: Administrative Law. Chicago: Thomson/West.
Bauman, J., York, K., & Bauman, J. (2003). Gilbert Law Summaries: Remedies. Chicago:
Thomson/West.
Choper, J. (2008). Gilbert Law Summaries: Constitutional Law. Chicago: Thomson/West.
" (Sage, 1) This is a matter of its emergent identity, which echoed so many of the trespasses of the British Crown. Indeed, we can see that in its vying for independence, the United States would still demonstrate in some ways its immediate cultural relationship to Europe while explicitly seeking an evolution in the terms surrounding this culture.
Most certainly, the manner of treatment to which Native American inhabitants were subjected is considerable evidence of the American connection to racialist British values which drove colonialism and slave trade throughout the world. But there is also direct evidence in the debates that would unfold following the revolution between federalist and anti-federalist ideologies that the United States would still have to work to be freed form many of the vestiges of its oppressive parent nation.
The murmurings that would give rise to the American Revolution, in fact, were less a matter of principal than…...
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Works Cited:
Dorsey, B. (1685). Edward Randolph's Description of King Philips's War. Swarthmore.edu.
Hall, T.D. (1999). The American Revolution and the Religious Public. Central Michigan University.
History.com. (2011). The Mayflower Compact. A&E Television Networks.
Horne, C.F. (1998). The Code of Hammurabi: Introduction. Fordham.edu.
Commonwealth v. Johnson..
1. List the facts relevant to whether Gail and/or William Johnson’s were protected by the First Amendment
Gail and William Johnson were convicted for criminal harassment in the state of Massachusetts. State statutes outline specific prohibitions on spoken or behavioral harassment, including the types of cyberharassment techniques used by Gail and William Johnson. The Johnsons claimed that the statute violated First Amendment rights to free speech, claiming that their cyberharassment methods were similar to verbal harassment.
2. Summarize the Commonwealth’s arguments that the Johnsons’ and their friend’s conduct was cyberharassment.
The Commonwealth of Massachusetts argued that the Johnsons’ behavior constituted cyberharassment based on several incidents. The first incident was posting the politician’s home address in a Craigslist ad. The second posted the politician’s phone number on a different Craigslist ad. The third was an email sent directly to the politician containing his social security number and other sensitive information. The fourth…...
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References
Columbia University (n.d.). Commonwealth v. Johnson. Retrieved online:
\\"Kennedy v. Louisiana.\\" Oyez, 2 Sep. 2017, www.oyez.org/cases/2007/07-343.“Woollard v. Gallagher Amicus Brief,” (2012). Law Center to Prevent Gun Violence. Retrieved online: http://smartgunlaws.org/woollard-v-gallagher-amicus-brief/ https://globalfreedomofexpression.columbia.edu/cases/commonwealth-v-johnson/
public to scholars, the death penalty has come under severe criticism in contemporary epoch. The debate between the supporters and criticizers of capital punishment has been going on for decades. Is death penalty constitutional? hat are the factors that may render it unconstitutional? Is racial discrimination one of such factors?
The paper uses a set of law review articles and highlights racial discrimination in death penalty in United States, discusses different theories with regard to the racial bias question and explores the debate of racial bias pervading the American judicial system to question the constitutional basis of death penalty.
A lot of research has been conducted on racial discrimination in courts. All this research can be classified in terms of a societal or an individual perspective. Gibson discusses these two approaches on racial discrimination. The first approach can be attributed to sociologists who believe that courts can not remain neutral. They…...
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Works Cited
Amsterdam, A.G. (1988). Commentary: Race and the death penalty. Criminal Justice Ethics, pp. 2-86.
Berger, V. (1987). The Death Penalty in the Eighties: An Examination of the Modern System of Capital Punishment by Welsh S. White. Columbia Law Review, 1301-1324.
Bienen, L.B. (1988). The Arbitrariness of the Death Penalty by Barry Nakell; Kenneth A. Hardy. The Journal of Criminal Law and Criminology (1973-), 242-248.
Bowers, W.J., & Pierce, G.L. (1980). Arbitrariness and Discrimination under Post-Furman Capital Statutes. Crime & Delinquency, 601.
European Union has brought with it both triumph and controversy. The purpose of this discussion is to investigate the details of the draft constitution.
In particular, this discussion will seek to Critically evaluate the extent to which the draft Constitution creates an institutional architecture that both sustainable for the future of Europe and achieves an appropriate inter-institutional balance. Let us begin our discussion with a brief overview of the European Union and the nations that are a part of the entity.
Overview of the European Union
According to a book entitled, The Expanding European Union: Past, Present, Future, the European Union was formed in 1957 with the participation of Italy, France, Germany, Luxembourg. Belgium, and the Netherlands. (edman 1998) The union was originally referred to as the European Economic Community (EC). (edman 1998) The book explains the "EC" gradually expanded and became the European Union. The author asserts,
Lucier, J.P. (2003, August 19). Constitution for a Euro Superstate; If a Draft Document Is Ratified, Brussels Will Assume the Lead in Foreign Policy Criminal Justice, Economic Planning and Issues That Parliaments Deal with Today. Insight on the News, 32.
Constitutional law is one of the two most important types of law for anyone in the legal field to understand. The United States legal system is derived from a combination of a common law tradition and constitutional law. The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law. This is true with administrative law, which specifically addresses the laws related to various government agencies. This is especially....
1. The Role of Emotions in Political Decision Making: Exploring how emotions influence political beliefs and actions, and whether they should be considered in political theory.
2. The Impact of Technology on Political Communication: Analyzing how social media and other digital platforms have changed political discourse and debate in the modern age.
3. Intersectionality in Political Theory: Examining how issues of race, gender, and class intersect in political theory and shape debates on social justice and equality.
4. The Ethics of Political Violence: Discussing the moral implications of using violence as a political tool and when it may be justified.
Sure! Here are a few essay topics on administrative law:
1. The role of administrative agencies in the modern regulatory state 2. The concept of administrative discretion and its impact on the rule of law 3. The principles of administrative law and their application in practice 4. The delegation of legislative authority to administrative agencies and its implications for democratic governance 5. Judicial review of administrative action and the limits of administrative power 6. The relationship between administrative law and other areas of law, such as constitutional law and criminal law 7. The challenges of administrative law enforcement and compliance in a rapidly changing global environment 8. The....
Fundamental Rights Protected by the Due Process Clause
The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides essential protections for individuals against arbitrary or unjustified actions by the government. It safeguards a range of fundamental rights that are considered essential for a fair and just society.
Procedural Due Process
Procedural due process focuses on ensuring that individuals are afforded fair and reasonable procedures before being deprived of life, liberty, or property. These procedures include:
Notice: Individuals must be given adequate notice of any charges or proceedings against them, allowing them time to prepare a defense. Hearing: Individuals have the....
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