...The decided date of this case was March 3rd, 1919. The parties involved was Schenck and the US government in which Schenck believed that people should not accept the draft. The US Government stated that he was possibly violating the Espionage act. The conflict was whether or not Schenck was allowed to do this under the First Amendment. The United States won in which the court concluded that what Schenck was doing was illegal under the Espionage Act. There were no dissenting opinions, the ruling was unanimous. I believe that there should be a limit to the freedom of speech as people should not be allowed to run around and yell anything that could cause harm or yell anything that can advocate committing a crime. This court case specifically...
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...WASHINGTON, Mar. 3. – Charles Schenck, the general secretary of the Socialist Party of America believed that the war draft was a form of involuntary servitude, or slavery. He sent in 15,000 pamphlets, encouraging them to oppose the war. The government then accuses Schenck for violating the Sedition Act by intending to obstruct the war drafts and weaken the soldiers’ loyalty. Schenck was then arrested and charged in Philadelphia, PA, for violating the Sedition Act for: “attempting to cause insubordination in the military and naval forces of the United States” and was convicted. A few days later after he was convicted, he appealed his case to the Supreme Court. The Supreme Court agreed to hear his case and his case was tried on January 9th, 1919. During the trial, many questions were brought up. One of which was whether or not the first amendment could be limited during wartime and whether or not if the Sedition Act was constitutional. “I don’t believe that freedoms should be limited at all during wartime.” said Schenck’s lawyers. “There would be no point in the constitution if freedoms are limited.” What follows is an excerpt of an interview with Schenck’s lawyers during a brief intermission. Q. As addressed during the trial, Do you believe your client has endangered the American people by promoting the burning of draft cards? A. No Schenck has not directly told the recipient to burn their draft cards, it is only inferred that he has. Q. Even so, would it not cause insubordination...
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...breakthrough technology. If re-written, it could apply to today as well. It is pointed out how the internet has revolutionized our lives and society, and then the article points out how vast this new arena is, lending itself to all sorts of “bad stuff out there.” It is the rate at which crimes are reported that has really caused the focus of the article to occur. A slew of statistics are given, which, if compared to today, would probably seem like child’s play, but the point is that rate of increase is comparatively alarming. U.S. News and World Report, whom the team of authors is employed for, sent a team of reporters out for one particular week to discover a host of crimes in the online world, and the rest of the article is spent reviewing cases discovered, culminating with a week-in-review list of the reporter’s findings. The first legal issue the article analyzed was cyberstalking, or the equivalent of the playground bully, but on a more serious level, and done from halfway across the country. The scene is a picture of a middle school set in the crosshairs of a riflescope and the school principle displayed...
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...District Progress Monitoring Exam. The words in italics are suggested related concepts for your study. Fall 2013 DPM: End of Sem – AP Govt Blueprint of TEKS (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected...
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...History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state of Maryland had...
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...Study Guide: Adopted by Great Britain, their form of common law Constitutional: establishes basic character, concepts and principles of government, its organization, individual rights and privileges. Outlines duties of branches Federalism: Bill of Rights: Common law: Discovered law because magistrates discovered solutions to disputes by looking to situations in the past. Inductive. Laws because they have always been laws. Equity law: decisions of chancery court were made on the basis of fairness. Equity law begins where common law stops. Laws designed to address justice without criminal intent. (fairness) Administrative law: Rules that govern industry. Ex. FCC Statutory law: Created by government rep. Written law formally enacted by city, county, state and federal legislative bodies. Executive orders- orders from executive branch 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 peaceably to assemble and to petition the government for a redress of grievances. Freedom of speech, press, religion, petition, assembly Laws establish boundaries and allow for punishment of violators, they limit government power, and establish fundamental rights/liberties. They carry sanctions. Policy is adopted to achieve a social goal,they lack sanctions. Laws are passed in the U.S. to support policy. FCC- Federal Communication Commission is an...
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...delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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...Can WikiLeaks be Found Guilty of a Crime for Its Release Of the Iraq War Materials, Afghanistan War Materials and Diplomatic Cables? In 2010, WikiLeaks released three large groups of information – classified documents concerning the Iraqi war, classified Pentagon documents concerning the conflict in Afghanistan, and U.S. State Department diplomatic cables. There was an outcry from members in the U.S. government, U.S. lawmakers, and U.S. citizens as they questioned how WikiLeaks could have legally obtained and released this information. There were also those who applauded WikiLeaks and saw them as part of the new media, simply carrying on the struggle between the people’s right to know versus national security. In this new Internet age, where data can be immediately published to an enormous audience from anywhere in the world with the simple push of a button, and where wars are no longer declared on a country but on generalized “terror,” is a site like WikiLeaks protected? WikiLeaks Background WikiLeaks states on its website: WikiLeaks is a non-profit media organization dedicated to bringing important news and information to the public. We provide an innovative, secure and anonymous way for independent sources around the world to leak information to our journalists. We publish material of ethical, political and historical significance while keeping the identity of our sources anonymous, thus providing a universal way for revealing of supposed and censored injustices. WikiLeaks...
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...Chapter Study Questions Exam Five 2305 (Chapters 4, 5, and 9) The Enduring Democracy Third Edition, 2013-2014, Dautrich and Yalof, Cengage Publishing. Be sure to skip a line between the question and the answer and skip another line before the next question. Chapter Four: Civil Liberties 1. What are civil liberties and when did individual rights recognized by government first appear in a legal charter? What charter? 73 - Those specific individual rights that are guaranteed by the Constitution and cannot be denied to citizens by government. Most of these rights are in the first 10 amendments to the Constitution, known as the Bill of Rights. The original English legal charter, the Magna Carta of 1215. 2. How are civil liberties different from civil rights? 73 - Civil liberties may be distinguished from civil rights (sometimes called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...of Dreams Dreams as a Reflection of Unconscious Wishes 5.2 Sleep Biological Rhythms and Stages of Sleep Sleep Theories Effects of Sleep Deprivation Sleep Disorders Insomnia Sleep Apnea Narcolepsy Parasomnias CRITICAL THINKING APPLICATION Dreams as Interpreted Brain Activity Dream Contents CONCEPT LEARNING CHECK 5.3 Theories of Dreams 5 Learning Objectives States of Consciousness 5.1 5.2 Define consciousness. Describe how consciousness relates to psychology. Describe the changes in brain wave activity that occur during the different stages of sleep. Understand why sleep deprivation is harmful. Understand why deep sleep is important. Understand why REM sleep is important. Describe some common sleep disorders. 5.3 5.4 5.5 5.6 Describe the two main theories of dreams. Explain the two theories of hypnosis. Discuss the effects and benefits of meditation. List and describe the four categories of psychoactive drugs. Describe the effects of psychoactive drugs on the nervous system. 5.4 Hypnosis Critical Thinking About Hypnosis Theories of Hypnosis Altered State of Consciousness Role Playing Divided Consciousness 5.6 Drug Use Mechanism of Action of Psychoactive Drugs Depressants Alcohol Narcotics/Opiates Summary of Multiple Influences on Consciousness CONCEPT LEARNING CHECK 5.6 Effects of Psychoactive Drugs CONCEPT LEARNING CHECK 5.4 Theories of Stimulants Caffeine Nicotine Cocaine Methamphetamine Hypnosis 5.5 ...
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...Sciences, University of York, York, England, UK Jane Nixon PhD RN Deputy Head Clinical Trials Research Unit, University of Leeds, Leeds, England, UK Su Mason PhD RN Principal Research Fellow Clinical Trials Research Unit, University of Leeds, Leeds, England, UK Correspondence to Karen Spilsbury: e-mail: ks25@york.ac.uk 6 5 4 3 2 1 SPILSBURY K., NELSON A., CULLUM N., IGLESIAS C., NIXON J. & MASON S. ( 2 0 0 7 ) Pressure ulcers and their treatment and effects on quality of life: hospital inpatient perspectives. Journal of Advanced Nursing 57(5), 494–504 doi: 10.1111/j.1365-2648.2006.04140.x Abstract Title. Pressure ulcers and their treatment and effects on quality of life: hospital inpatient perspectives Aim. This paper reports a study exploring patients’ perceptions and experiences of the impact of a pressure ulcer and its treatment on their health and quality of life. Background. Pressure ulcers are a significant health problem, and their prevention and management in primary and secondary care is high on the clinical and policy agenda. However, patients’ perspectives and experiences of the impact of pressure ulcers on health and quality of life is not understood. Method. Qualitative semi-structured interviews were carried out from 2002 to 2004...
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...C O D E C ODE v e r s i o n 2 . 0 L A W R E N C E L E S S I G A Member of the Perseus Books Group New York Copyright © 2006 by Lawrence Lessig CC Attribution-ShareAlike Published by Basic Books A Member of the Perseus Books Group Printed in the United States of America. For information, address Basic Books, 387 Park Avenue South, New York, NY 10016–8810. Books published by Basic Books are available at special discounts for bulk purchases in the United States by corporations, institutions, and other organizations. For more information, please contact the Special Markets Department at the Perseus Books Group, 11 Cambridge Center, Cambridge MA 02142, or call (617) 252-5298, (800) 255-1514 or e-mail special.markets@perseusbooks.com. CIP catalog record for this book is available from the Library of Congress. ISBN-10: 0–465–03914–6 ISBN-13: 978–0–465–03914–2 06 07 08 09 / 10 9 8 7 6 5 4 3 2 1 Code version 1.0 FOR CHARLIE NESSON, WHOSE EVERY IDEA SEEMS CRAZY FOR ABOUT A YEAR. Code version 2.0 TO WIKIPEDIA, THE ONE SURPRISE THAT TEACHES MORE THAN EVERYTHING HERE. C O N T E N T S Preface to the Second Edition Preface to the First Edition Chapter 1. Code Is Law Chapter 2. Four Puzzles from Cyberspace PART I: “REGULABILITY” ix xiii 1 9 Chapter 3. Is-Ism: Is the Way It Is the Way It Must Be? Chapter 4. Architectures of Control Chapter 5. Regulating Code PART II: REGULATION BY CODE 31 38 61 Chapter 6. Cyberspaces Chapter 7. What Things Regulate...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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