For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company sy Continue Reading...
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...
" (GAO, 2006) Issues involved are stated to include "the dispersal of residents in low-income communities to other neighborhoods or cities." (GAO, 2006) it is stated that an inherent right of "sovereignty, eminent domain in a government's power to ta Continue Reading...
In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teachin Continue Reading...
In the case, Carty was a passenger of a vehicle operated by another individual. The vehicle was stopped for speeding, and the driver of the vehicle was asked to sign a form of consent to search the vehicle. During the search, the officer did a pat d Continue Reading...
Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitio Continue Reading...
If Harry had been stopped at a sobriety checkpoint, the outcome of his case would be dramatically different. The Supreme Court has determined that sobriety checkpoints are legal, as long as they are conducted in a neutral manner. Stopping all appro Continue Reading...
Following In Re Marriage Cases, a group of protesters gathered enough signatures in order to place a constitutional amendment on the ballot in November, 2008. The amendment set out to limit marriage in California to opposite-sex couples. However, th Continue Reading...
After that great war, the black soldiers of the very nation that liberated Europe and Asia from murderous dictatorships returned home to social rules that prohibited their sharing water fountains and food services next to the white majority (Nevins Continue Reading...
The court held that the district court's refusal to reopen the case and receive additional evidence after the remand from the court was not error. The court did not remand with directions to reopen the case and retry it. The only direction was that Continue Reading...
His presence at the premises was a product of the coercive interrogation rather than any freely-given consent to search secured through legal means. The State will argue that no warrant was required for Hardbutt to search the premises because Hipho Continue Reading...
CONSTITUTIONAL LAW AND POLICY FactsAli Hussein Akbar is a Jordanian citizen who was captured abroad and imprisoned as an enemy combatant at Balad Air Base in Iraq. Balad Air Base is controlled by U.S. military forces. Mr. Akbar filed a writ of habeas Continue Reading...
" (Sage, 1) This is a matter of its emergent identity, which echoed so many of the trespasses of the British Crown. Indeed, we can see that in its vying for independence, the United States would still demonstrate in some ways its immediate cultural 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...
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...
Right to Carry Handguns for Self-Protection: The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry han Continue Reading...
Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There ma Continue Reading...
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include Continue Reading...
Better still, don't let it happen. (para. 61) In the United States, citizens take a dim view of unbridled police powers. They were condemnatory of Samuel a. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nomine 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...
Georgia (428 U.S. 153). In that case, the Supreme Court finally ruled specifically that capital punishment was not inherently necessarily cruel or unusual, and therefore, was not a violation of the Eighth Amendment in and of itself (Schmalleger, 200 Continue Reading...
Constitutional, Legal and Ethical Issues in Criminal Justice Police abuse remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers, including unjustified shootings, seve Continue Reading...
Q: Do you think continual education and/or training in police ethics would reduce incidents of police corruption? A: Again, it depends entirely on the type of continual education and training we're talking about: repeating simplistic ethical traini Continue Reading...
Law to Change Laws to change In the United States, laws that criminalize homosexual behaviors are known as sodomy laws. Before 2003, it was illegal to engage in homosexual behaviors. However, in Lawrence v. Texas case, the Supreme Court on June 26, Continue Reading...
The states must also be ready to either establish tribunals and forums or be ready to create any other form of public institutions that would have the idea of prohibiting inequality and discriminations against women, and that would enforce equality Continue Reading...
Many times, police officers are attacked or the prisoners themselves are injured during this booking process. The deaths and injuries, specifically of prisoners belonging to ethnic minorities, have triggered conflicts between the police and the comm Continue Reading...
At this point in my life I am very interested in the study of constitutional law. I believe that the constitution is the instrument by which powers of the state are created and regulated, the rights of the people are enshrined and protected, the ch Continue Reading...
In the case of Bowers v. Hardwick the United States Supreme Court failed to strike down Georgia's sodomy laws, as they applied to homosexuals, because rather than treat the matter as one of privacy rights, the court instead viewed the case from the Continue Reading...
European Union has brought with it both triumph and controversy. The purpose of this discussion is to investigate the details of the draft constitution. In particular, this discussion will seek to Critically evaluate the extent to which the draft C Continue Reading...
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the pos Continue Reading...
As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarl Continue Reading...
The First Amendment The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people p 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...
5.0 Conclusion As this paper has argued, the Second Amendment was designed not only to protect the militias; it was also intended to protect an individual's right to own and bear arms. Those groups opposed to the private ownership of firearms shou Continue Reading...
Constitutional Originalism A living constitution is a concept that is found in the United States, it is also referred to as loose constitution. This is because it is a constitutional interpretation that the constitution is dynamic in meaning. It cla Continue Reading...
The framers did not mention police departments or other local governmental units, which has led to some misconceptions about the right of people to arm themselves when protected by municipal government agencies. However, this is because municipal po Continue Reading...
In asserting that the right to bear arms must be interpreted in the collectivist point-of-view, the author rationalized that "the more collectively the right is interpreted, the more broadly Congress can legislate to restrict the right to bear arms" Continue Reading...
The first argument would be to point out that essentially, the right to bear arms is an individual right that can be exercised by any member of the civil society. In so doing, an individual is merely accomplishing a right that is rightfully his/hers Continue Reading...
Rights of Accused One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and contro Continue Reading...
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in Continue Reading...
