Gun Violence in Australia & its impact on federalism & coordinated gun control policy. Gun violence yielding en masse public murders in Australia have provoked the question of whether laws governing guns are too lenient or perhaps have enabl Continue Reading...
Criminal Law Case Study Summarize the following cases: Edwards v. South Carolina, 372 U.S. 229 (1963) This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in publ Continue Reading...
The decision went further to suggest that, "even if possession were to be allowed for other reasons, any law regulating the use of firearms would have to be "unreasonable or inappropriate" to violate the Second Amendment." (Oyez Project, 2008). Had Continue Reading...
They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthe Continue Reading...
second amendment of the United States Bill of Rights, namely the right to bear arms. Looking at how each individual argues the points and brings out their own points-of-view as to whether the right to bear arms is being misused or is being held in Continue Reading...
RIGHTS VS. NATIONAL LAWS National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state Continue Reading...
British Parliamentary System of Government with the United States Federal System of Government The British Parliamentary system of government is one of the oldest political systems in the world that has evolved over a period of centuries. The Briti Continue Reading...
" Still, a judge has ordered the State Board of Education "not to enforce the new law while a suit filed by the father of a public school student proceeds" (Keen, 2007). Barry Lynn of the group Americans United for Separation of Church and State said 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...
D. joined the Majority. Justices Blackmun, H.A. And Powell, L.F. wrote a special and regular concurrence respectively. In addition to voting with the majority, O'Connor S.D. joined Powel's concurrence. Writing Dissenting Opinion(s): Stevens, J.P. fi Continue Reading...
Tennessee Scrap Recyclers 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 t Continue Reading...
On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as r 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...
Freedom of Speech History of Case Gitlow v. New York Gitlow v.New York was a decision that was made by the supreme court of the United States on June 8, 1925 which ruled that the fourteenth amendment to the constitution of the United States extende Continue Reading...
While the decision has hung over states as one national standard, it infringes the essential principles of federalism and separation of powers that are rooted in the country's constitutional system (Silversten, 2011). During the time that the Supre Continue Reading...
Fourth Amendment For all Americans, the Fourth Amendment is an essential element of the U.S. Constitution that protects everyone's rights. This has influenced the way that the criminal justice system is interacting with defendants and the tactics th Continue Reading...
Parties: United States of America (plaintiff) v. Ramzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants) Facts: Ramzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the Uni Continue Reading...
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English g 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...
Second Amendment to the United States Constitution states: "A Well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Advocates of civil rights and civil libert Continue Reading...
It is reasonable to conclude, therefore, that Congress has enacted sufficient regulation on business communication. Given that businesses are comprised of individuals who are subject to First Amendment protection, for the government to treat busines Continue Reading...
The freedom of speech has also come under attack, most recently when a reporter was jailed for refusing to expose her sources. The amendment mentions "free exercise" of the right to say what one wishes or print what one wishes; however, if a person Continue Reading...
Should the US Create a Domestic Intelligence Agency?When the FBIs COINTELPRO came under fire from the Select Committee to Study Governmental Operations with Respect to Intelligence Activities (1976), one of the major problems to emerge from the Congr Continue Reading...
First Amendment rights are not absolute, particularly in regards to advertising. For example, there has been a great deal of pressure to regulate advertising directed at children that promotes unhealthy junk food. "There is a legal test for judg Continue Reading...
2nd Amendment to U.S. Constitution Laws regarding the use and safety of weapons in the United States date back to 1837, when Georgia's ban on handguns was ruled unconstitutional. Subsequent legislation has been scrutinized by courts -- including th Continue Reading...
Supreme Court cases (Muller V. Oregon) women's right Why it was an issue of national importance The Muller v. Oregon case was among the most crucial Supreme Court cases in the U.S. during the progressive regime. The case held an Oregon law that lim Continue Reading...
Issue Of fundamental concern to the Court in Goss was the issue of procedural due process as opposed to substantive due process. By not providing a formal or informal hearing for the students explaining the reasons for suspension, and not offering Continue Reading...
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
Mapp v. Ohio Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to Continue Reading...
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarze Continue Reading...
1st Amendment and Virtual Child Pornography The question whether "virtual child pornography" should be protected by the First Amendment of the U.S. Constitution depends on whether it is a category of speech that falls under the free speech guarantee Continue Reading...
S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. When it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislati Continue Reading...
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 crimin Continue Reading...
The main Woolworth's store was already on strike, and the Hotel Employees and Restaurant Employees Union (HERE) was threatening to escalate the strike to all of the stores in Detroit." (Cobble, 2003) Myra had been nicknamed the: "Battling Belle of Continue Reading...
First Amendment of the U.S. Constitution guarantees to us freedom of speech - promises to each citizen and resident of the United States that the government will not tell us what we can or cannot say. Right? Well, mostly. While in general Americans Continue Reading...
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 sc Continue Reading...
first amendment of the Constitution addresses both freedoms of speech and religion (Constitution Bill of Rights). Within these two broad themes, there are various clauses (First Amendment Online). The First Amendment restricts government from passin Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes. Fourth Amendment Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
PROTECTION OF CONSTITUTIONAL ORDER IN THE U.S.A. In spite of the fact that the constitutional order puts across a series of elements from which the American public (as a whole) benefits, it is also responsible for enabling many individuals to freel Continue Reading...
Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affir Continue Reading...
