Anti-Miscegenation Statutes in the U.S. Introduction Anti-miscegenation statutes in the U.S. had been in existence in many states since the early days of their founding. In California, for instance, the law forbidding the marriage of whites with non- Continue Reading...
Law Is a Reflection of the Morality of the Time: The evolving judicial interpretation of the Constitution Constitution has become such a respected document and holds such an important place in American life it is often conceptualized as a transcen 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...
Criminal Law Edwards v. South Carolina, 372 U.S. 229 (1963) Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when 187 people peacefully marched upon the state capital of South Carolina to voice their p Continue Reading...
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infring Continue Reading...
Nelson -- the decision in which was binding on all lower courts -- was decided in favor of the state law in Minnesota banning same-sex marriages (UMT 2010). Conclusion The issue of the rights of gay, lesbian, and transgendered people are still in Continue Reading...
It was during the same period that hostilities with the communist leadership culminated into the bombing of Libya, loggerheads with the Soviet Union and a stiff arms race with the U.S.S.R. It is also significant to note that it was during the same 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...
Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi ( Continue Reading...
My overall advice to Mr. Smith would be that he has a weak case, at best. Question Two: To evaluate whether Susie has a valid equal protection claim, one must start by determining whether the city ordinance is a state action. As a city is a branch Continue Reading...
Changing Abortion Guidlines Abortion and the constitution Changing abortion guidelines Abortion is the deliberate termination of human pregnancy; this process is performed the first 3 weeks of pregnancy. According to Roe v. Wade it states that a w Continue Reading...
In addition to rulings related to due process in trials, the Supreme Court made several rulings highlighting the importance of due process in police detentions in the 20th century. In 1936, the Court ruled that confessions extracted through coercio Continue Reading...
While even those most supportive of a woman's right to choose understand that a fetus does acquire fundamental human rights at some point relatively early in the third trimester, opponents of autonomous reproductive rights hold the position that per Continue Reading...
The first route entails that the House and the Senate must each ratify the proposed Amendment by a two-thirds majority. Then the bill must be ratified by three-fourths of the states' legislatures within a reasonable time period. The second method wo 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...
Brown v. Board of Education, 347 U.S. 483 (1954) This case presented the U.S. Supreme Court on the issue of de jure segregation. Black children in Topeka were denied admission to public schools attended by white children. The Supreme Court had previ Continue Reading...
The thirteenth amendment was a very important one, as it formally ended slavery in the United States. (House, 2012) the Emancipation Proclamation was only based on President Lincoln's war powers during the Civil War, and therefore the thirteenth Ame Continue Reading...
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm Continue Reading...
Snyder v. Phelps The First Amendment is part of the Bill of Rights, and prohibits the making of any law " impeding the free exercise of religion," infringing on the freedom of speech, infringing on the freedom of the press, interfering with the righ Continue Reading...
Economic View of the Death Penalty In 1972, The U.S. Supreme Court ruled in the case of Furman v. Georgia that the death penalty, as applied in three capital cases in the state of Georgia was "cruel and unusual punishment and in violation of the Eig 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...
Racial segregation remains one of the most fundamentally perplexing questions within the body of American history. Many people erroneously believe that the racial and social structures that existed prior to the close of the civil war in 1865 resulted Continue Reading...
Criminal Justice The problem of how to treat and processing juvenile offenders through the court system has been an issue before the establishment of the first juvenile court in 1899. Before it was recognized that minors needed their own court syste Continue Reading...
After all, Ernesto Miranda who was the namesake of the Miranda Rights was a rapist and a guilty one at that. He was retried after his confession was tossed and he was re-convicted as were many of the other people that had their convictions overturne Continue Reading...
American Meat Packing Corp., 362F.3d 418 (7th Cir. 2004). On November 15, 2001, 350 workers at the American Meat Packing Corporation (AMPC) showed up for work and were told they had been terminated. Because they were not notified 60 days prior to te Continue Reading...
The Desegregation MovementSlavery and segregation are some of the most shameful facets of American history. They left a legacy of racial tensions and inequality in their wake for previous generations to fix and address. While the landmark decision Br Continue Reading...
Civil Liberties, Habeas Corpus, GWOT The legal right known as "habeas corpus" is what protects a citizen from being suddenly seized and arrested for no reason, and locked up without trial. It is considered to be a foundation of the modern legal syst Continue Reading...
Polygamy On the surface, and with the most shallow of analyses, polygamy would seem to be protected by the First Amendment freedom of religion clause because polygamy in the United States is mainly a phenomenon among specific religious groups -- nam Continue Reading...
Equality: One Small Step at a Time The right of same-sex couples to marry could not be less relevant to my life, but I cannot help but notice our apparent inability to learn from past experience as a nation. Simultaneously with the historic election Continue Reading...
legal system of the United States of America rests on the Constitution, including the Bill of Rights? The answer is that this is not completely true; the Constitution, when it was initially developed, did not enable authorities to cope successfully Continue Reading...
Brown v Board of Education is one of the most famous landmark cases in American court history. Set against the backdrop of the early 1950s, just as the civil rights movement was beginning to heat up, Brown v Board of Education changed the face of Ame 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...
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provi Continue Reading...
protection of personal rights. For instance, in the case of the U.S. Supreme Court on Griswold V. Connecticut, married couples should have the rights to privacy when it comes to birth control. PROTECTING THE RIGHTS TO PRIVACY Imagine the state tel Continue Reading...
Male voters had to own property. Thus voting was still the province of land-holding elites rather than all the people under the rule of constitutional, national, and state law. The fact that Senators were appointed by the state legislature not only Continue Reading...
It is difficult to say whom the Supremacy Clause affects in particular, and why, because it has the potential to impact all Americans. For example, many of the ground-breaking Supreme Court decisions in recent time are based in some way on the Supr Continue Reading...
Judy Helfand -- Constructing Whiteness 1.) What's your gut reaction? I was quite surprised with the revelation that Whiteness was not always so clearly defined. I take it for granted that European meant White, if for no other reason than that Eur Continue Reading...
Drug-testing in schools has been shown to reduce the use of drugs as well as reduce other negative activities and occurrences known to be associated with drug use among students. There are critical components of a drug testing program and this study Continue Reading...
