Abstract Abortion refers to the termination of the pregnancy and most members of society tend to feel strongly and often myopically about their opinions of abortion. This paper will examine the complex and multi-faceted history that the United State Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
The Court went on (1. b) to assert that using the Eighth Amendment to apply to an issue in a public school would amount to "wrenching " it from "its historical context" -- which is actually a safeguard against criminals. The plaintiffs had also use Continue Reading...
455 U.S. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of t Continue Reading...
(The Sixth Amendment, http://civilliberty.about.com/od/lawenforcementterrorism/p/6th_amendment.htm. Retrieved 6 December 2009.) The Fourteenth Amendment, although not (obviously) a part of the Bill of Rights, presents rights that are as central to Continue Reading...
This decision overturned the previous decision in Atkins v. Children's Hospital which held that a state maximum hour law was an unconstitutional infringement on the right of freedom of contract and hence a violation of the Due Process Clause. The ju Continue Reading...
" Giannelli (2003) stresses that advantages and reliability of scientific and technical evidence depend on whether a scientific culture exists. For reliability of DNA and other scientific evidence, there have to be sufficient written protocols and "a Continue Reading...
S. educational system. The impact of such law is very noticeable among teachers, students and even to the school administrators. However, there are a number of issues that have been continuously arising as people try to avail of their rights to educa Continue Reading...
For example, any controls or regulations that are not unreasonable and bear some relationship to the general welfare of the community are permissible unless proscribed by preemptive state or federal laws or by the federal or state constitutions. Leg Continue Reading...
Hicklin, a Victorian-era case in which the British court suppressed a lewd pamphlet as a way to protect 'those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall'" (p. 45). Conclusion The resea Continue Reading...
Looking beyond the educational, social, and esteem needs of students, the practical considerations of LRE have given substance to the argument for LRE. Given the tight monetary budgets that many school districts are faced with to provide the bare e Continue Reading...
"It is not just a Catholic and Protestant Debate"(13). Some Catholic statements, like the 1968 papal encyclical Humanae Vitae, condemn the practice on grounds of the created order, which is thought to be structured in such a way that all sexual exp Continue Reading...
" However surprisingly, there have been arguments for pornography and have stated that it encourages experimentation with new media and any act to censor it would go against the First Amendment which has not only intellectual, moral, political, and Continue Reading...
Euthanasia: The Right to Die, the Right to Life -- a Continuing Controversy The idea of willing terminating an individual's life, even according to his or her consent, remains one of the most controversial "rights" in today's contemporary debate ove Continue Reading...
Conflict of LawsIntroductionA discrepancy between the laws of two or more jurisdictions has some bearing on a case, such that the outcome is determined by which jurisdictions law is applied to each subject in question. The contradictory legal rules c Continue Reading...
Abstract This paper provides an overview of the use of DNA in criminal investigations. It shows how DNA can be helpful and harmful in terms of validating a narrative, how it has been used to exonerate inmates and used to wrongfully convict others. It Continue Reading...
Second World War, Japan was a traditional absolute monarchy but since the adoption of a new constitution in 1946, Japan has become a constitutional monarchy in which the emperor serves as symbolic head of state and the legislature or Diet is parliam Continue Reading...
Dracca Inc. Dracca: Problems with the arbitration clause Despite Dracca's claims that the presence of an arbitration clause on page 5 of its 16-page contract with consumers makes all lawsuits null and void, recent case law suggests there is conside Continue Reading...
Request must be made in writing by the employee within 15 working days of termination. The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination." (P 1). Despite that many employers have b Continue Reading...
Public Sector Unions Public-Sector Unions in United States HISTORY OF PUBLIC SECTOR UNIONS COSTS OF PUBLIC SECTOR UNIONS OVER THEIR BENEFITS DEMOGRAPHICS OF LABOR IN AMERICA EDGE OF PUBLIC-SECTOR UNIONS OVER PRIVATE ONES THE HIDDEN COSTS OF PUB Continue Reading...
In examining sentencing options, judges are free to look at mitigating circumstances that might limit the term of the sentence but they are also free to look at factors surrounding the case that might serve to enhance the sentence. Once such enhanc Continue Reading...
Administration The basic principles and functions of personnel administration as applied in the field of criminal justice include recruiting, selecting, hiring, placing, evaluating, training, educating, dismissing, promoting, firing, and career dev Continue Reading...
Griswold appealed her conviction, arguing that the Fourteenth Amendment's due process and equal protection clauses prohibited the anti-contraceptive legislation. The Supreme Court agreed. While the Court acknowledged that the Constitution never expl Continue Reading...
" (Redish and Phillips, 1979) the relationship is not as clear between the standard and balancing test that the court used in the Hanna and Byrd case. (Redish and Phillips, 1979; paraphrased) Burbank (1934) states in the "Rules Enabling Act of 1934" Continue Reading...
Only with the passage of the Civil Rights Act 1964 and Voting Rights Act 1965 did the legacy of 'Jim Crow' truly end, many years after Plessy v. Ferguson was declared legally invalid in Brown. These two acts gave legislative 'teeth' to the Brown de Continue Reading...
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the pri Continue Reading...
Homosexual marriage does not pose a threat to me or my manhood therefore I am for it." Although I am heterosexual, I know what it means to long for union with another human being. I will choose a woman for my partner, but if another man desires to c Continue Reading...
Case AnalysisCase 1: Palmateer v. International Harvester Company, 85 Ill. 2d 124, 421 N.E.2d 876 (1981)Parties: In the case of Palmateer v. International Harvester Company, the plaintiff was an employee of the defendant company.Facts: Plaintiff clai Continue Reading...
Goodyear Gender Discrimination CaseLedbetter v. Goodyear Tire & Rubber Co. is one of the landmark Supreme Court cases on the issue of pay inequities due to gender. The ruling in this case was made at a time when gender-based pay inequities continue t Continue Reading...
Mental conditions and competency of someone with PTSD who used self-defense in a domestic violence incidentAbstractPost-traumatic stress disorder (PTSD) has at times been cited in criminal defense arguments to justify matters such as sentence mitigat Continue Reading...
Fourth Amendment to the Constitution covers the protection of the individual from unlawful searches and seizures when in the privacy of their own home. Because of the Fourth Amendment, law enforcement officers are required to secure an official court Continue Reading...
Racism in America: Where do we stand? From the time of the New World's discovery in the year 1492, racism has remained at the forefront of U.S. history. Even in the present day, it is reported that in America, one Black man dies from police confront Continue Reading...
fictional case of Amit and his dream to sell pies out of a converted red London bus. There is apparently at least one other bus that operates in much the same way and it is operating without a problem. However, the same governing body that approved Continue Reading...
Feminism today is especially being guided by the Feminists of old, prominent leaders of the past who continue to forge the path ahead for the modern women's movement: these are leaders like Ruth Bader Ginsburg of the Supreme Court and Gloria Steinhem Continue Reading...
Judicial Review for Private Property The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial Review, and Private Property: A Co Continue Reading...
" Prohibiting "a bill of attainder" means that the U.S. Congress cannot pass a law that considers individual or aggregation blameworthy and later discipline them. Disallowing an ex post facto law implies that the U.S. Congress cannot make any given a Continue Reading...
