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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…
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,
Politics, and Policy. New York: Longman.
" (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…
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.
HFH, LTD. Petitioner, v. The Superior Court of Los Angeles County. Respondent; CITY of CERRITOS et al., Real Parties in Interest. Von's Grocery City of Cerritos, Petitioner, v. The Superior Court of Los Angeles County, Respondent; City of Cerritos, et al., Real Parties in Interest L.A. Nos. 30382, 30383 Supreme Court of California 15 Cal. 3d 508; 542 P.2d 237; 125 Cal. Rptr. 365; 1975 Cal. LEXIS 248; 6 ELR 20062 (1975) Online available at http://209.85.165.104/search?q=cache:jwI03q6Ns-YJ:www.eminentdomain-law.com/pracAreas/appLaw/decisions/AmiciCuriae/HFHLtdvSuperiorCourt.pdf+Los+Angeles+eminent+domain+ethical+issues&hl=en&ct=clnk&cd=33&gl=us
Mark, Jason (2006) the Central Question. 9 Jun 2006. Grist Environmental News & Commentary.
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,…
References
Lane, C. (2005, July 28). Court Split Over Commandments. The Washington Post.
Retrieved at http://www.washingtonpost.com/wp-dyn/content/article/2005/06/27/AR2005062700416.html
Robinson, B.A. (2000, July). The Ten Commandments: Legal Developments: 1999.
Retrieved February 12, 2009, from Religious Tolerance. Web Site: http://www.religioustolerance.org/chr_10c3.htm
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…
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…
References
International Human Rights law informs recent U.S. Supreme Court decision striking down Anti-Gay Sodomy Laws. Retrieved From
http://www.google.co.in/search?q=cache:PB1_G9oL4xoJ:www.interights.org/pubs/Bulletin%252014.3%2520Word%2520Docs/U.S.%2520Supreme%2520Court%2520Strikes%2520Down%2520Anti-Gay%2520Sodomy%2520Laws.doc+recent+U.S.+Supreme+Court+ruling+in+Lawrence+v.+Texas.+& ; hl=en Accessed on 24 December, 2004
Lawrence and Garner v. Texas. Lambda Legal. Retrieved From
http://www.lambdalegal.org/cgi-bin/iowa/cases/record?record=93 Accessed on 24 December, 2004
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…
Works Cited
Borton, Tom. "Is Gay Marriage a Slippery Slope or an Even Playing Field." The Legality. 2008.
20 April 2009
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…
References
Baker, Susan and Hakuta, Kenji. (n.d.). Bilingual Education and Latino Civil Rights. Retrieved December 9, 2009, from Web site:
http://www.civilrightsproject.ucla.edu/research/latino97/Hakuta.pdf
Bilingual Education. (2006). Retrieved December 10, 2009, from Web site:
http://www.freewebs.com/cerdahdz/historyofbilingualed.htm
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…
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 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…
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…
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…
References
Columbia University (n.d.). Commonwealth v. Johnson. Retrieved online: https://globalfreedomofexpression.columbia.edu/cases/commonwealth-v-johnson/
\\"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/
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.…
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,
Any European…
REFERENCES http://www.questia.com/PM.qst?a=o&d=5001938764
EU's Draft Constitution Sets Up Raucous Debate; Religion, Balance of Power at Issue. (2003, June 2). The Washington Times, p. A01.
European Union at a Glance.(2004) Retrieved August 17, 2004, at http://europa.eu.int/abc/index2_en.htm
What the EU constitution says. (2004) BBC. Retrieved August 17, 2004, at http://news.bbc.co.uk/1/hi/world/europe/2950276.stm#division http://www.questia.com/PM.qst?a=o&d=5001993549
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.
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include the Pledge of Allegiance. During these meetings in Rowan County, individual commissioners were offered the opportunity to pray in whatever manner they preferred, have a moment of silence instead, or abstain from either. No commissioner or member of the public was required to pray; it was a voluntary provision. Yet federal courts recently ruled that Rowan County’s practices violated the First Amendment of the Constitution, particularly the Establishment Clause. The Establishment Clause states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” (“Introduction to the Establishment Clause,” (n.d.). Even a cursory reading of the Establishment Clause shows that prohibiting commissioners from praying during…
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Conclusion
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…
References
Deon Christopher Carter v State of Maryland. (2003)
Constitutional Democracy / Presidential or Parliamentary System
Social and Economic Sources of Democracy
For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the factors are also indications of other regimes -- fascist and communist -- though as argued by the various papers, there is a distinct difference in the political structures that determine democracies over fascist and communist regimes. Because of the major results created by such factors, the most important sources of democracy would have to be the economic, industrialized, and educational values within the nation.
"The level of economic development, as measured by per capita income, is by far the best predictor of political regimes" (Przeworski). While there appears to be a similarity between the development of economic countries in dictatorships and democracies, Przeworski maintains that a dictatorship eventually dies and paves the way…
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…
Works Cited
BOWERS v. HARDWICK, 478 U.S. 186 (1986). U.S. Supreme Court." Argued March 31, 1986. Decided June 30, 1986. FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=U.S.&case=/us/478/186.html
GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965): U.S. Supreme Court." Argued March 29-30, 1965. Decided June 7, 1965 FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=381&invol=479
The right to be left alone
Forms of marriage that should be legally banned
ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…
Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses. Old men marrying young girls who have just entered puberty are not a customary marriage. Although this has often been done, it cannot be tolerated.
However, times are changing: the prevalence of HIV is rising day by day. This practice has made significant contributions to the spread of HIV. Girl Child Rights and public health advocates have emerged victorious in the abolition of this practice. Research studies revealed that adolescents are greatly exposed to the risk of HIV / AIDS because most of them face sexual violence, come from plural marriage, and cannot negotiate for safe sex. In this regard, because plural marriage is a catalyst for the spread of HIV / AIDS, it should also be legally banned. Girls who engage in such practices have demonstrated a high illiteracy level, low contact with peers and limited access to health and media messages.
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…
Civil vs. Criminal Law
Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
Players
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…
Open Fence
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…
References
Fleming & Curti (2001) American with Disabilities Act Overrides Local Zoning Rules. Elder Law Issues, 5 Nov 2001. Vol. 9, No. 19. Retrieved from: http://www.elder-law.com/2001/Issue919.html
Fences (nd) City of Redding California. Development Services Department. Retrieved from: http://www.ci.redding.ca.us/pmtctr/graphics/planningPDF/pln111.pdf
Standler, R. (1997) Privacy Law in the United States. Retrieved from: http://www.rbs2.com/privacy.htm
California Codes: Health and Safety Code (nd) Section 115920-115929. Retrieved from: http://www.cdph.ca.gov/HealthInfo/environhealth/water/Documents/RecHealth/SwimmingPoolSafetyAct.pdf
History Of the estern Law
Meaning - in legal terms - for nations to "stay the hand of vengeance"
Justice Robert Jackson, while delivering his opening speech in November 1945 during the infamous Nuremberg trials for war offenses, enjoined the leaders of the Allied forces to "stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law" (Bass, 424). According to Jackson, doing this would be "one of the most significant tributes that Power has ever paid to Reason." The combining factor in the winner's retribution in events like the botched trials at Constantinople and Leipzig after the first orld ar, the orld ar II Nuremberg trials, the Napoleon story and the on-going trial of the rulers of the Slobodan Milosevic's empire all point to an appreciation of the legal sector which has been well defined as "fixation on a process, a sense that…
Works cited
Bass, Gary Jonathan. Stay the hand of vengeance: the politics of war crimes tribunals. Princeton University Press, 2000. Print.
Chemerinsky, Erwin. "Fifty Years of Constitutional Law: What's Changed?" Utah Law Review, no. 5, 2016, p. 689. Web.
Fletcher, Laurel E., Harvey M. Weinstein, Patrick Vinck, and Phuong N. Pham. "Stay the hand of justice: whose priorities take priority?" Berkeley Law, (2010). Print.
Goldstone, Richard. For humanity: Reflections of a war crimes investigator. Yale University Press, 2000. Print.
As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…
Works Cited
Gillers, Stephen. Regulation of Lawyers: Problems of Law and Ethics. Aspen, 2009.
Klienfelter, Quinn. "Blind would-be law student claims discrimination in testing." NPR.
June 15, 2011. [June 20, 2011]
http://www.npr.org/2011/06/15/137179261/blind-law-student-claims-discrimination-in-testing
Business Law
The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).
In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds…
Reference
Cipollone v. Liggett Group, Inc. Retrieved online: Cipollone v. Liggett Group, Inc. http://www.law.cornell.edu/supct/html/90-1038.ZS.html
The government has no right turning a blind eye to criminals who possess arms, allowing innocent citizens to live unprotected in their own homes. It is far too late to restrict access to guns, anyway. The market has already opened its arms to criminals who have stashes of weapons. Those weapons aren't going anywhere and so American citizens must have unrestricted access to the weapons that can protect them from being killed by criminals.
Gun control also prevents objective education surrounding the proper use of guns. If young adults are taught how to properly store and use a firearm they are less likely to use them indiscriminately. espect for guns helps create a more educated, enlightened society instead of one that cowers in fear from the very thought of a weapon that has been around for centuries.
The original purpose of the Second Amendment was to empower the citizens of…
References
Agresti, J.A. (1999). "Gun Control. "Just Facts. Retrieved May 15, 2008 at http://www.justfacts.com/guncontrol.asp
Brady Campaign to Prevent Gun Violence. Website retrieved May 15, 2008 at http://www.bradycampaign.org/
Gun Control." Almanac of Policy Issues.Retrieved May 15, 2008 at http://www.policyalmanac.org/crime/guns.shtml
National Rifle Association. Retrieved May 15, 2008 at http://www.nra.org/home.aspx
students opportunity discuss a key political science concept, show a basic understanding academic research reporting skills.
Define "loose construction" and "strict construction" methods of constitutional interpretation, and describe how each perspective aligns with formal vs. informal methods of change.
The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories"). In contrast, the 'loose construction' view (traditionally aligned with more liberal politics) stresses the need to interpret the Constitution in a manner beyond the letter of the law. There are a number of factors which justices traditionally consider when making constitutional interpretations, including the text itself; likely intentions of the founders; precedents; consequences of the decision in the 'real world;' and so-called 'natural…
Works Cited
Chemerinsky, Erwin. "Conservatives embrace judicial activism in campaign finance ruling."
The L.A. Times. 2010 Jan 22. [2014 Apr 6]
http://articles.latimes.com/2010/jan/22/opinion/la-oe-chemerinsky22-2010jan22
Griswold v. Connecticut (1965). Exploring Constitutional Law. [2014 Apr 6]
There are limitations on the destruction of wiretap records. The numbers of crimes for which wiretaps can be used, the types of judges who can authorize taps have both however, been expanded.
What Does the Constitution Say?
The United States Constitution states many principles of constitutional law that must be present in for Democracy to truly exist. Democracy is characterized by freedom and liberty to think and believe individually and the freedom to express those beliefs through speech that does not trod upon or offend others. The travesties against justice n committed in the name of Democracy is an affront to all that was intended, fought, and died in attaining in America.
Freedom, liberty and justice not only in America indeed, for the entire world. ut there are limitations within the realm of freedom and justice, for it is not freedom or justice in the forcing of what is termed…
Bibliography
Preamble to the Constitution of the United States (nd) Legal Information Institute [Online] available at; http://www.law.cornell.edu/constitution/constitution.preamble.html
Dirck, Brian R. (2002) Posterity's blush: civil liberties, property rights, and property confiscation in the confederacy. Civil War History; 9/1/2002 [Online] available at; http://www.highbeam.com/library /doc3.asp?DOCID=1G1:92589648&num=38&ctrlInfo=Round9a%3AProd%3ASR%3AResult&ao=' target='_blank' REL='NOFOLLOW'>
Constitution
The United States Supreme Court is the backbone of the country since it acts as the premise of governance and supreme law of the land. The Constitution has established a unique form of government in which governance is by the people and for the people. As a living document, the U.S. Constitution changes as the country develops and changes. However, the development of the nation's constitution was influenced by several historical and/or philosophical influences. One of the historical influences upon the American Constitution was the Articles of Confederation, which was adopted by Continental Congress. These articles influenced the establishment of the Constitution through prompting discussion on the proper scope of governmental power in the aftermath of the Confederation. The Articles of Confederation influenced the constitutional section on separation of powers because of discussions on governmental power. There was no distinct executive branch under the Articles of Confederation (Halvorson, n.d.).…
References
"Civil Rights: The Struggle for Political Equality." (n.d.). HCC Learning Web. Retrieved from Houston Community College website: http://learning.hccs.edu/faculty/tom.haymes/govt2302/content-module-6-civil-rights/module-6.1-civil-rights-the-struggle-for-political-rights
Halvorson, S.D. (n.d.). Historical Context for the Constitution and the Bill of Rights. Retrieved from Columbia College website: http://www.college.columbia.edu/core/content/american-revolution-and-founding-texts/context-1
"Landmark Cases." (n.d.). Gibbons v. Ogden (1824). Retrieved April 21, 2016, from https://www.pbs.org/wnet/supremecourt/antebellum/landmark_gibbons.html
"McCulloch v. Maryland (1819)." (n.d.). 100 Milestone Documents. Retrieved from Our Documents -- The National Archives and Records Administration website: https://www.ourdocuments.gov/doc.php?flash=true&doc=21
Slaughter-House Cases
Impact of the Slaughter-House Cases
The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government. This opposition arose from the fear that this new centralized government would demean and embarrass the states by forcing or administering and contradicting the state's decisions, laws and policies. Opponents of the constitution feared that "the powers granted to the proposed government were not sufficiently guarded, and might be used to encroach upon the liberties of the people" (McClain 18). After the ratification of the constitution by the states the desire for amendments and regulations that restricted the powers of the new government was voiced by representatives of those states.
There was extreme fear that the everyday rights and liberties of citizens of a state would be impacted, restricted and oppressed by a centralized form of government. The desire to…
References
Abernathy, M.G. (1972). Civil liberties under the Constitution (2d ed.). New York: Dodd, Mead.
Gerdhart, M. (1990). The Ripple Effects of Slaughter-House: A Critique of a Negative Rights View of the Constitution.. Vandervilt Law Review, 43(409), 1. Retrieved July 13, 1983, from https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&srctype=smi&srcid=3B15&doctype=cite&docid=43+Vand.+L.+Rev.+409&key=6a72b77f63c796a5bbcb151af5b3f9ce
Lee, P.Y. (2008). Meat, modernity, and the rise of the slaughterhouse . Durham, N.H.: published by University Press of New England.
Menez, J.F., Vile, J.R., & Bartholomew, P.C. (2004). Summaries of leading cases on the Constitution (14th ed.). Lanham: Rowman & Littlefield Publishers.
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…
Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…
References
Connelly, Michael (2005). The Lincoln Lawyer: A Novel. Hachette Book Group. Kindle Edition.
California Rules of Professional Conduct
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…
References
1964 Civil Rights Act. Pub.L. No. 88-352 (1964).
Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).
Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.
U.S. Const. amend. V.
Federal and State Legislation
Domestic Violence Legislation at the Federal and State Level
Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform…
Reference
Eulich, W. (2013, February 13). In U.S., big strides in reducing domestic violence. Christian Science Monitor. p. N.PAG.
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…
References
Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site: http://www.rgj.com/article/20070119/NEWS/70119007 .
Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.
Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site: http://www.iii.org/media/hottopics/insurance/test1/ .
Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site: http://www.interfire.org/features/legalview.asp?date=12142007 .
Separation of Powers
Doctrine of Separation of powers in Australia
The concept of separation of powers has been in operation and application in many countries. This has always helped them in ensuring efficient governance and effective working of each arm of the government without interfering with the other organs of the government. Factually, the different arms of the governments cannot operate independent of each other, yet they must keep a safe distance that will enable them operate effectively and carry out their daily activities. This doctrine of separation of powers classifies the institutions of government into 3 major branches classified as the legislative, the Executive and the judicial branch. Separation of powers in Australia
The Australian system is referred to as the Westminster system which is a system that was adopted from England and still has the Queen as the overall head who resides in England but represented locally by…
References
Australianpolitics.com, (2014). Westminster System. Retrieved April 21, 2014 from http://australianpolitics.com/democracy-and-politics/key-terms/westminster-system
Carney G., (1993). Separation of Powers in the Westminster System. Retrieved April 21, 2014 from http://www.parliament.qld.gov.au/aspg/papers/930913.pdf
Museum of Australian Democracy, (2014). Australia's System of Governance. Retrieved April 21, 2014 from http://static.moadoph.gov.au/ophgovau/media/images/apmc/docs/61-System-of-government.pdf
Parliamentary Education Office, (2014). Separation of Powers: Parliament, Executive and Judiciary. Retrieved April 21, 2014 from http://www.peo.gov.au/learning/fact-sheets/separation-of-powers.html
ainwright v Gideon
In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's…
Works Cited
Donaghue, Erin. "Defending Dzhokhar Tsarnaev: Renowned Attorney Judy Clarke Will Fight for Bombing Suspect's Life." CBS News. 2 May 2013. Web. Retrieved 7 May 2013 from http://www.cbsnews.com/8301-504083_162-57582573-504083/defending - dzhokhar-tsarnaev-renowned-attorney-judy-clarke-will-fight-for-bombing-suspects-life/
Gest, Ted. "One Poor Man's Legacy." U.S. News & World Report 114.11 (1993): n. pag. Web. 7 May 2013.
"The Right to Counsel." Sixth Amendment Center. N.p., 2013. Web. 07 May 2013. .
Staples, Robert. "White Power, Black Crime, and Racial Politics." Black Scholar 41.4 (2011): 31-41. Web. 7 May 2013.
Leadership
A comparison of Law Enforcement with Other Professions
Who first comes to mind when you think of a 'Leader'? Is it Alexander the Great? Napoleon? Winston Churchill? Gandhi? Leadership is an interesting phenomenon to consider, from the perspective of civilization, of nations, of political change, and of history. What makes one person a leader while another tries and fails? What is a good leader and how is that different from a 'great' leader? The definition of leadership also varies with the context and with the individual who is defining leadership. The nature of leaders has changed as civilization has evolved, and the leaders we as a society need today may be different from those of a century ago. A national leader is distinct from a local leader, a oy Scout leader, or a team leader in a sport.
Thus, definitions of leadership vary with the situation. However, they include…
Bibliography
Avery, G.C. (2004) Understanding Leadership: Paradigms and Cases. London: Sage
Avolio, B.J. (1999) Full Leadership Development: Building the Vital Forces in Organizations. Thousand Oaks, CA: Sage.
Bittner, Egon (1970). The functions of the police in modern society: a review of background factors, current practices, and possible role models. Washington, D.C.: National Institute of Health, Center for Studies of Crime and Delinquency.
Boedker, C., Vidgen, R., Meagher, K., Cogin, J., Mouritsen, J. And Runnalls, M. (2011). Leadership, culture and management practices of high performing workplaces in Australia: The High Performing Workplaces Index. Society for Knowledge Economics: Sydney.
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
Case Presentation
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
To what…
Works cited:
Bakan, J. "Childhood Under Siege: How Big Business Targets Children." (Simon and Schuster, 9 Aug 2011)
Hill, K. "Facebook Added 'Research' To User Agreement 4 Months After Emotion Manipulation Study." Retrieved November 17, 2014, from http://www.forbes.com/sites/kashmirhill/2014/06/30/facebook-only-got-permission-to-do-research-on-users-after-emotion-manipulation-study/
Jacobsen, D., & Idziorek, J. "Computer Security Literacy: Staying Safe in a Digital World." (CRC Press, 27 Nov 2012)
Kramer, A.D.I. Retrieved November 17, 2014, from https://www.facebook.com/akramer/posts/10152987150867796
Constitutional Models and Political Parties
Constitutionalism and noble representative government are concepts and practices that have existed longer than the American epublic. The existence of these concepts provided the foundation for the formation of the American Democratic Experiment through acting as ingredients towards this process. Since the foundation of American epublic, there are various constitutional models that have been established. These different models have been established in attempts to respond to several governance issues that emerge from time to time. Actually, these different models have provided the foundation for governance models and practices for better governance of the society. Some examples of constitutional models include the 18th Century Madisonian and Hamiltonian constitutional models and Barker's normative democratic theory, which differ with regards to their major components.
Madisonian and Hamiltonian Models v. Normative Democratic Theory
The 18th Century constitutional models basically relied on principles introduced by Madison and Hamilton. Madisonian constitutional…
References
APSA Committee on Political Parties (1950). Towards a More Responsible Two-Party System.
Barker, E. (1942). Reflections on Government.
Garrison, A.H. (2008). Hamiltonian and Madisonian Democracy, The Rule of Law and Why the Courts Have a Role in the War on Terrorism. In Papers from the February 2008 conference: terrorism & justice -- The balance of civil liberties. Retrieved from https://www.ucmo.edu/cjinst/Issue8.pdf
Hamilton, A. (n.d.). The Presidency. The Federalist No.70.
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.
Creation of Laws in the United States:
Most of the…
References:
"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from http://www.historyoflaw.info/history-of-american-law.html
Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,
2012, from http://americanhistory.about.com/od/judicialbranch/a/Early-Development-Of-The-United-States-Court-System.htm
"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University
Pre-Law Curriculum for the Sixth Grade
Governmental Background
These courses are drafted to create a strong background and knowledge base for the student to explore a career in the legal field in America to a range of degrees.
The American Federal System
This course will present to the students the powers specific to the federal government, specific to the state government and those specific to both. The goal is to have the student understand where these powers are different and where they overlap as well. Students will be forced to consider how the people are able to maintain their sovereignty within this system and the importance of doing so.
State and Local Government
Presents the constitutional background for the state and local government while putting an emphasis on the overlap of the states and their subdivisions along with the goals of both state and local politics. Students will be encouraged…
Soviet Law
The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public (Bartlett, 2008, p. 4). As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.
Origins of USS Legal History
Soviet law was portrayed as socialist law but the ideology behind it was strictly Marxism (Berman, 1948, p.223). In the socialist legal framework, the legal systems under a capitalist regime…
References
Berman, J., (1948). The challenge of soviet law. Harvard Law Review, 62(220), pp. 220-264.
Dobrin, S., (1956). Some questions of early soviet legal history. Soviet Studies, 7(4), pp. 353-372.
Kahn, J., (2008). Law and Legal System of the Russian Federation. Review of Central & East European Law, 33(2), 239-247.
Krygier, M. (1990)., Marxism and the rule of law: Reflections after the collapse of communism. Law & Social Inquiry, 15(4), pp. 633-663.
Megan's Law (Pro)
In 1994, Megan's Law was passed in order to protect innocent women and children from violent sex offenders. Critics of the law have argued that the law infringes on the constitutional rights of sex offenders after they have been released from prison; however, it is my position that the law is constitutional and an excellent deterrent to stop repeat offenses by convicted sexual offenders.
This report is an attempt to understand the constitutionality of Megan's Law. Megan's Law was the state of New Jersey's attempt to control repeat sex offenders from assaulting women and children. The law eventually became a national campaign to control sex offenders as all fifty states have since adopted at least some parts if not all of the original New Jersey statute. However, because we live in a society where rights go to both criminal and non-criminal alike, there are several legal battles…
References
Ahearn, Laura A. (2004). Albany Drags Feet Better action needed against sexual predators. Newsday, October 25.
Curtis, Kim (2004). Law to Put Crime Data Online Awaits OK. AP Online, August 31.
Hampson, Rick (7/28/1998). N.J.'S Megan's Law Is Seen As Model, But Still Has Its Flaws. USA Today.
Richey, Warren (2003). Megan's Law Upheld; High Court Allows Internet Lists That Track Sex Offenders. The Christian Science Monitor, March 6.
violation of the student's Constitutional rights
The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' order she had to miss all of her other classes for that day. R: The rule is that unlike various state constitutions the federal Constitution does not contain a "right to education." The U.S. Supreme Court addressed itself to this issue in 1973 in San Antonio Independent School District v. Rodriguez. In this decision the U.S. Supreme Court held that education is neither explicitly nor impliedly guaranteed as a "fundamental right" in the U.S. Constitution (Constitutional Requirements Governing American Education -- Federal constitutional Requirements, State Constitutional Issues, Conclusion, p. 1). Therefore, a constitutional right to education of student Li could not have been violated by Mr. Billups. I:…
Constitutionality of a Postcard-Only Mail Policy
Postcard-Only Prison Mail Policy
Constitutionality of a Prison Postcard-Only Mail Policy
The Constitutionality of a Prison Postcard-Only Mail Policy
The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.
Issues
The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.
Brief Answer
Based on considerable…
References
Justia.com. (n.d.). U.S. law: Government as administrator of prisons. Retrieved 29 Oct. 2012 from http://law.justia.com/constitution/us/amendment-01/34-government-as-administrator-of-prisons.html .
Madison.com. (2009, February 15). Prison contraband: A sampling of what gets collected. Retrieved 29 Oct. 2012 from http://host.madison.com/news/article_61400447-7e08-5a9b-a132-6e1d21377518.html .
Prison Legal News v. Columbia County et al., Case 3:12-cv-00071-SI (D. Or. 2012). Retrieved 29 Oct. 2012 from http://docs.justia.com/cases/federal/district-courts/oregon/ordce/3:2012cv00071/105732/64/ .
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil ights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338).
In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme…
References
Barnes, D.A., & Connolly, C. (1999) Repression, the Judicial System, and Political Opportunities for Civil Rights Advocacy during Reconstruction. The Sociological Quarterly, 40(2): 327-345. Retrieved on February 15, 2011, from
The ICJ made clear that it did not desire and was not trying to expand its jurisdiction and stated that the issues did not "expand its jurisdiction into new areas by stating that the issues did not "concern the entitlement of the federal states w/in the U.S. To resort to the death penalty for the most heinous crimes" and that the function of the ICJ is to resolve international legal disputes not for functions of a criminal appeals court.
Summary and Conclusion
It is the purpose of Article 41 of the VC to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused. It is important to note that Under Article 41 of the 1963 Vienna…
References
International Law Commission -Vienna Convention on Consular Relations and Optional Protocols U.N.T.S. Nos. 8638-8640,Vol. 596, pp. 262-512
Warren, Mark (2005) Consular Notification - Statutory and Regulatory Provisions Human Rights Research
Davidson, Jerome (2005) Consular Privileges and Immunities Amendment Bill 2005 Presented to the Senate: Foreign Affairs - Commencement: Day of Royal Assent Consular Privileges and Immunities Amendment Bill 2005.
International Crime Law
However, the law did engender social change; fifty years after the Brown decision, there is no system of legal segregation in America.
While changing the law through the use of the court system by challenging laws that violate the Constitutional guarantees of equality is an effective means of social change, it is insufficient to provide the broad scale social change needed to protect the rights of Hispanics in America. One of the problems facing Hispanics is the fact that English, while not declared an official language, is used in a way that excludes Hispanics from participating in many facets of American life, including the American legal system. The use of English-only is not discrimination and does not violate the letter or the spirit of the Constitution. Therefore, it is only by having Hispanics involved in the legislative process that such disparity can be corrected. The fact is that legislators, while…
law and politics and demonstrate what the difference is, if any, between law and politics.
The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and "politics" have nothing to do one with the other and those which are referred to as "legalists" would adhere to the belief that there is absolutely no difference between law and politics. The first obvious step of discovery is to examine the definition of each of these subjects. The definition given for law is as follows:
rule established by government. 2. legal profession
police 4. rule of natural phenomena.
Next to discover the definition for politics which, is listed as follows:
Politics: n 1. Theory and conduct of government 2. Political affairs and methods.
At first glance it does seem that the two indeed are the…
Bibliography
Centre for Law, Politics and Culture: Area of Research Strength. 2004. [Online] available at http://www.utpjournals.com/product/utq/671/difference18.html
Explorations in Difference: Law, Culture and Politics. Foreword author: Honorable Jules Deschenes, et al. Univeristy Toronto Quarterly Vol. 67 No.1 winter 1997/98 [Online] available at http://www.scu.edu.au/research/clpc/CLPC_rationale.pdf
Dorf, Michael C. 2000. Is There a Distinction Between Law and Politics? Yes, And the Bush V. Gore Decision Proves It. [Online] available at http://writ.news.findlaw.com/dorf/20001227.html
Webster's New Compact Dictionary (1978)
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
Section 2
In the case of American Canine Foundation v. City…
References
About the Privacy Act (2014). FOIA. Retrieved from:
http://www2.ed.gov/policy/gen/leg/foia/privacy.html
City may ban dangerous dog breeds. (2009). Cengage. Retrieved from:
http://www.swlearning.com/blaw/cases/constitutional/0909_constitutional_02.html
Minor's Constitutional Rights
courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).
The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found…
Bibliography
Barnes, P. 2009. Supreme Court Rules Strip Search Violated 13-Year-old Girl's Rights. June 26. Accessed Apr 26, 2013. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501690.html .
Bravin, J. 2009. Court Faults Strip-Search of Student. June 26. Accessed Apr 26, 2013. http://online.wsj.com/article/SB124593034315253301.html .
Liptak, A. 2009. Strip Search of Girl Tests Limits of School Policy. Mar 23. Accessed Apr 26, 2013. http://www.nytimes.com/2009/03/24/us/24savana.html?pagewanted=all&_r=0 .
The second case highlights how Commonwealth Chemicals Commission officers made a major mistake by not detaining Lucia for further questioning under the Act. This is troubling because she was in possession of the banned chemical, had large quantities of it, was storing it in her house and was importing the chemicals in from South America. These different elements highlight the fact that Lucia could be involved in some kind of terrorist related activity. Where, the raid and subsequent search of the property would provide more than enough information for officers to suspect that she was involved in such activity, based on probable cause. However, because officers did not detain Lucia under the different provisions of the Act, means that the terrorist organization could know that law enforcement is not far behind. At which point, they could change their tactics or plans, to avoid any kind of further disruptions from the…
Bibliography
Acts Interpretation Act 1901 (Cth)
Acts Interpretation Act 1901 (Cth) s 33A 4.
Acts Interpretation Act 1901 (Cth) s 27 (c).
Acts Interpretation Act 1954 (Cth).
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…
References
Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The
United States, Europe, and Australia. New York: LFB Scholarly Publishing.
Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,
no. 4, pp. 402-427.
Sneaky Pete Case
Answers to Jake Law's Questions
Jake Law is the prosecuting attorney in the armed robbery case of Sneaky Pete. In the current negotiation, Jake must resolve his issues with the defense attorney, Chris Vaughn and the Judge as well. It is important for Jake to remember his role as an officer of the court and do what is right for the jurisdiction he represents and not simply for his own personal benefit. Unfortunately for Pete, many of these attorneys are very unsympathetic to anything other than their career.
Prosecuting attorneys serve the public by representing local, state or federal governments in criminal court cases. They participate in the investigation of criminal activity and fight for justice and represents the court. They must also have an understanding of their communities' needs and the motivations driving law breakers. Successful prosecution can lead to an individual's loss of rights, and…
References
Sneaky Pete Case Study. Provided by customer.
The Legal Dictionary. "District and Prosecuting Attorneys." Viewed 11 Aug 2013. Retrieved from http://legal-dictionary.thefreedictionary.com/District+and+Prosecuting+Attorneys
The Legal Dictionary. "Defense Attorney." Viewed 11 Aug 2013. Retrieved from http://legal- dictionary.thefreedictionary.com/Defense+attorney
The right to use force in self-defense an important civil liberty and right, ensconced in the Second Amendment of the Constitution. Because of Second Amendment assurances, all Americans technically have the right to bear arms in self-defense. Some states have attempted to restrict Second Amendment rights, but the vast majority of states have implemented “some statutory version” of the Castle Doctrine (“What is the Castle Doctrine,” n.d.). In fact, some states like Florida have taken the Castle Doctrine a step further to invoke what are commonly called “stand your ground laws.” Whereas the Castle Doctrine only applies to a person’s “castle,” or home and private property, stand your ground laws can be invoked in any situation requiring self-defense. There is no real reason, evidence-based or otherwise, why Americans who are protected by the provisions of the Constitution should not be able to defend themselves if and when faced with a…
Arrests
An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have…
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.
Week 5: Discussion
In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…