The prima facie evidence provision in this statute blurs the line between these two meanings of a burning cross. As interpreted by the jury instruction, the provision chills constitutionally protected political speech because of the possibility that Continue Reading...
Hate Speech Constitutionality of hate-speech laws and legislation College campus hate-speech codes, Fighting words; hate symbols State interest in regulating hate-speech, Arguments for and against such laws and codes, First Amendment protection Continue Reading...
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? What are the factors Continue Reading...
As a result, Gibbons was providing a service and was helping ensure the free flow of ideas. The licensed that he received from Congress is regulating these principals. Based on this interpretation along with the previous case law decided in McCulloc 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...
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...
Brown v. Board of Education of Topeka In Plessy v. Ferguson (1896) the United States Supreme Court upheld racial segregation of passengers in railroad coaches as required by Louisiana law. Three years later the Supreme Court was asked to review its Continue Reading...
Loving v. Virginia - Racial Discrimination Racial Discrimination: Loving v. Virginia The issue presented in Loving v. Virginia (1967) was rather national basis was the proper standard of review to use in order to evaluate constitutionality. There w Continue Reading...
When Brown vs. Board of Education came to the courts the judges ruled that the school law allowing "separate but equal educations" was unconstitutional which set the stage for the later examination of special education students being "separate but Continue Reading...
Lawrence v. Texas (2003) and McLaughlin v. Florida (1964) While McLaughlin v. Florida (1964) is often hailed as a significant case with regard to the constitutional status of interracial intimacy - particularly non-marital; many regard Lawrence v. T Continue Reading...
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...
Vann Woodward and Jim Crow Evaluating the impact of Reconstruction social policy on blacks is more controversial due to the issue of segregation. Until the publication of C. Vann Woodward Strange Career of Jim Crow in 1955, the traditional view was Continue Reading...
Thurgood Marshall and Clarence Thomas Ever since Clarence Thomas, a conservative, replaced Thurgood Marshall, a liberal, on the United States Supreme Court in 1991, there has been constant comparison between the two African-American justices. Just 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...
Thesis: This paper will described the evolution of the rights of the accused and show how the concept changed from its initial inception in early America to its current conception in the 21st century. Introduction The rights of the accused in the mod Continue Reading...
This type of zoning began to be enforced because of integration, which many Americans were opposed to. In recent years, the idea of exclusionary zoning still lingers as a topic of debate. This is not only an issue of race but also an issue of afford Continue Reading...
The milestone that the Civil Rights Movement made as concerns the property ownership is encapsulated in the Civil Rights Act of 1968 which is also more commonly referred to as the Fair Housing Act, or as CRA '68. This was as a follow-up or reaffirm 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...
Undocumented Students Equity to in-State Tuition: Reducing The Barriers There exist policy ambiguities and variations at federal, state, and institutional levels related to undocumented student access to and success in higher education and this has Continue Reading...
Racial Discrimination and the Death Penalty The United States Department of Justice Bureau of Justice Statistics reported that at the end of the year 2000 that there was 1,381,892 total number of prisoners under the jurisdiction of federal or state Continue Reading...
The student journalists sued, citing the Tinker standard (Hazelwood School District v. Kuhlmeier, 1988). The issue in this case, while similar to those of Tinker and Fraser, differed in that the question was not about "obviously inappropriate" lang Continue Reading...
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it s Continue Reading...
questia.com JSTOR. A www.jstor.com David E. Sorkin, Technical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001). Google and other search engines: www.google.com Encarta Encyclopedia online. 2006 10. Appendix Art Continue Reading...
Thomas Jefferson Personal Profile contirbutions to the founding of the nation Religious Freedom Declaration of Independence OPINION OF SLAVERY AND RACE RELTIONS Thomas Jefferson has undoubtedly made significant contributions to the founding of Continue Reading...
court ruling 'Two Views on Court's Ruling" (2003) presents the differing opinions of legal analysts Douglas W. Kmiec and Alan Hirsh regarding the Massachusetts Supreme Court decision to extend the legal definition of marriage to include homosexual c Continue Reading...
Birmingham Campaign of 1963 and the Civil Rights Movement Since the end of the Civil War and the 13th Amendment to the U.S. Constitution, which abolished slavery in America, equal rights for African Americans was one of the anticipated outcomes. Yet, Continue Reading...
Brown v. Board of Education In the opinion of this paper, there is no doubt at all that the U.S. Supreme Court decision in May, 1954 -- Brown v. Board of Education -- changed the nation in a very positive way. And it changed the nation not just in t Continue Reading...
Hence, while ratifying the U.S. Constitution, the Virginia convention passed a resolution specifying: "That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people trained to arms, is the prop Continue Reading...
I do not feel that the state should be allowed to draft marriage terms that do not adequately protect the liberty and equality of each spouse. I believe that cultures of the world are slowing moving towards a global culture that embraces liberty an Continue Reading...
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to b 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...
Analogy of Racial Segregation The consequences of past events can teach us lessons, shaping the way we think today. For instance, racial segregation, which was established by the Jim Crow laws of the Civil War period and ended in the 1960s with the Continue Reading...
One hypothesis is that many African-Americans yielded to the intimidation of the time and simply did not want to risk their safety and the safety of their families. 6. Poll Taxes A poll tax is a tax of a fixed amount charged each person to registe Continue Reading...
Mandatory Sentencing Public policy, crime, and criminal justice Mandatory Sentencing: Case Study Critique The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and is Continue Reading...
The debate over the death penalty remains and the Supreme Court will most likely be asked decide such cases for years to come. Summary and Conclusion The purpose of this discussion was to examine several landmark Supreme Court cases and explain th Continue Reading...
Second Reconstructions One of the most dramatic consequences of the Civil War and Reconstruction was that the South was effectively driven from national power for roughly six decades. Southerners no longer claimed the presidency, wielded much power Continue Reading...
Woman's Suffrage Women in the United States made the fight for suffrage their most fundamental demand because they saw it as the defining feature of full citizenship. The philosophy underlying women's suffrage was the belief in "natural rights" to g Continue Reading...
