VIII. The "State Action" Requirement In the provisions of the Constitution that protect individual rights, primarily the application of the Fourteenth Amendment and the Bill of Rights, the acts that are prohibited require governmental involvement Continue Reading...
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 t Continue Reading...
" (Paul v. Davis) The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily Continue Reading...
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 loc Continue Reading...
Graham vs. Florida Focal Point Analysis There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans a Continue Reading...
Political Science: First InitialQuestion 2The interest groups try to affect the judicial system in three ways: lobbying on judicial confirmations, filing amicus curiae briefs, and sponsoring litigation[footnoteRef:1]. Lobbying on the judicial confirm Continue Reading...
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assuranc Continue Reading...
367 Although the incidence of deadly force use has likely remained steady in the first five categories, Russell and Beigel emphasize that based on the increased attention being directed at the "stake-out and drugs" category, these rates are likely Continue Reading...
Federal Government Expansion Throughout American history the size and power of the federal government has been continually debated. This is because there are concerns that if it becomes too big it could have an impact on the scope of authority reser Continue Reading...
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 ou 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...
Understanding the Judiciary: Activism, Restraint, and PowerThe judiciary is one of the three main parts of our government, and its role is to interpret and apply the law. However, people do not always agree on how it should do this. Some people think Continue Reading...
standard joke about America in the 1960s claims that, if you can remember the decade, you did not live through it. Although perhaps intended as a joke about drug usage, the joke also points in a serious way to social change in the decade, which was 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...
USA Patriot Act United States has been utilizing and exploiting all possible means of thwarting potential terrorist attacks and eliminating terrorist elements from the country. Various laws have been enacted to control information flow and to curtai Continue Reading...
Furthermore, the Supreme Court (and the Texas district court also) relied on a judicial invention introduced in the earlier Griswold and Eisenstadt decisions: namely, the penumbra of privacy that was said to "emanate" from the Fourteenth Amendment Continue Reading...
However, post-Reconstruction, 'states rights' often became a code word for Jim Crow legislation. Southern states demanded the 'right' for the majority to engage in de facto segregation of schools and to institute limits upon how voting rights were e Continue Reading...
Government The Trafficking Victims Protection Reauthorization Act Final Project / Dissertation Degree: Juris Doctorate Specialized Major: Specialization: Constitutional Law Full Address: The Trafficking Victims Protection Reauthorization Act Continue Reading...
IV. Justice Sutherland's Argument (1932) Justice Sutherland argued that the defendants in the Scottsboro Boys trial were only youth and were illiterate and uneducated. The sole inquiry, according to Sutherland "is whether the Federal Constitution Continue Reading...
10. What was the decision of the U.S. Supreme Court in Honig v. Doe? In this case, the Supreme Court was of the opinion that free and appropriate public education also applied to children having behavioral difficulties. Further, the Supreme Court Continue Reading...
Anger may also be directed at general society or circumstances that prevented the woman from having an optimally healthy pregnancy or from being able to provide a child with a healthy and wholesome environment in which to grow and flourish. All thes 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...
Gideon is not a man one necessarily finds admirable, given his past life of crime. But simply because someone does not personally approve of a defendant, does not mean that the defendant should be found guilty because of their lack of legal expertis Continue Reading...
'" (HRW) However, it is unreasonable to expect the prison officials to go out of their way to prevent rape, as the Human Rights Watch report seems to suggest. Only about one quarter of prison inmates are raped during their sentence, and the majority Continue Reading...
Abortion means the early removal of a human fetus, whether impulsively as in a miscarriage or unnaturally caused by surgical or chemical abortion. As of today, the most general usage of this term abortion stands for the artificially caused abortion. Continue Reading...
Internet Personal Jurisdiction Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with Continue Reading...
They argue that the fetus only has the potential of developing into a full-fledged human being; in the same way as an acorn has the potential of developing into an oak tree. In their view it is as ludicrous to call an embryo an independent human bei Continue Reading...
Amendments to the Constitution In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
Same-Sex Marriage Constitution Same-Sex Marriage and the Constitution In May of 2009 two same-sex couples filed suit to stop the implementation of California's Prop 8, which defined marriage as between one man and a woman and effectively made marri Continue Reading...
" In short, when it comes to the First Amendment, greater issues are at stake beyond the immediate interests of the corporations in question. There must be a compelling state interest to limit freedom of expression. Why doesn't it make a difference Continue Reading...
Eleven Literature Reviews Attempt to Show and Support the Hypothesis: These series of articles explain the history behind random drug-testing as well as the origins behind its support. In an article by James E. Ryan (2000), cases handled by the Sup Continue Reading...
Hypotheticals Brian Short v. State of Florida Is it legal for the State of Florida to prohibit the marriage of two very short people to each other, using the rationale that two short people are likely to produce short children and short children ar Continue Reading...
Excessive Use of Police Force in the State of California Excessive Force in California The objective of this study is to examine the use of excessive force by police officers in the State of California. Toward this end, this study will conduct an e Continue Reading...
Ferguson required that the decision of the lower court be affirmed. The Court agreed with Mr. Sweatt. While the University of Texas School of Law "may properly be considered one of the nation's ranking law schools," Justice Vinson wrote for the Cour Continue Reading...
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomp Continue Reading...
The Crusades The Crusades would shape Islamic attitudes toward the West for centuries, so much so that it was noted that George Bush should never have used the term with reference to the War on Terror because of the bad feelings involved. In the e Continue Reading...
Hernandez vs. Texas and its Importance to Latinos in the U.S. Studies conducted in the past have clearly indicated that some racial groups are overrepresented in the U.S. criminal justice system. There have been claims that some stages of the crimin Continue Reading...
The website explained that the law's necessities turned on a person's finding of guilt alone a fact that a person had already had a procedurally protected occasion to challenge. Even if the person could show that he was not liable to be presently ha Continue Reading...
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individu 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...
