...Roberts Court witnessed a revival of conservative activism? Judicial Activism: An approach to the law where the judiciary feel less constrained by precedents and interpret the law with the aim of pursuing social change. Evidence would be if the court overturned past decisions, legislation or executive actions in order to promote conservative or liberal objectives. | In the 1950s the Warren Court were seen to follow a liberal agenda and be judicially active. With a liberal and activist majority on the court the Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. Warren Court Cases | 1954 Brown vs the Board | Based on 14th Amendment- ended segregation and overturned Plessey vs Fergusson | Baker v. Carr and Reynolds v. Sims 1962-4 | Based on the 14th Amendment- asserted the right of all votes to be of equal value- and lead to reapportionment across the USA. | Gideon v. Wainwright,1963 Miranda v. Arizona, 1966 | Right to legal representation and to be informed of rights. The ‘Miranda warning’ | Engel v. Vitale 1962 | Outlawed school prayer. Based on First Amendment. | Griswold vs Connecticut | Found a ‘right of privacy ‘in the 14th Amendment | Warren’s successor Warren Burger 1969-1986 appointed by Nixon as a conservative, extended some of Warren’s precedents most famously Roe vs Wade used the precedent set by the Griswold case. In Swann v. Charlotte-Mecklenburg Board of Education (1971) the court upheld...
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...states the right of each individual person, just like many of the other amendments, but others say the word Militia is incorporated in there for a reason. The second amendment took a significant role in both the Heller v DC and Miller v US. ? Jack Miller and Frank Layton were arrested for illegally carrying around a shotgun in public across the border of two states. They were arrested because they did not have a stamp on their gun that signifies they paid the taxes that were responsible to pay when owning a gun. This was necessary under the NFA, National Firearms Act. Miller argued that this violated his right to bear arms. The court understood the amendment as a right to a group of people brought together collectively for their same defense, rather than an individual right for their personal defense. It was decided that only guns can be used for militia service purposes only but this case did open the door to understanding and looking at the second amendment as an individual right as well. Dick Heller, who was a police officer in the District of Columbia, wanted to register for his own personal hand gun, outside of his job, to keep at home but was denied. He argued that he was not given his rights listed in the Second Amendment. The ruling was found in favor of Heller stating that the amendment was written...
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...needed the Supreme Court to try to limit the power of the federal government and establish clear boundaries for interstate and intrastate commerce. Also, congress is not allowed to regulate economic activity...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of congress including the right to legal, social and economic equality. This makes gun ownership as much of a civil right as freedom of speech, religion and freedom of the press. Supreme Court affirms Second Amendment as a fundamental civil right (District of Columbia v Heller) The Heller case challenged several laws in Washington DC that constituted a complete ban on the Second Amendment rights for D.C. residents with no exception given for self-defense. In the Heller case, the Supreme court ruled that the Second Amendment guarantees a fundamental individual right to have functional firearms in the home that are commonly owned without being connected to any service of the state or military organization. The Supreme Court also ruled that the Second Amendment is a fundamental part of the bill of rights, which guarantees citizen’s individual rights. Lastly, in this 5 to 4 decision with Associate Justice Antonin Scalia writing for the majority, the Supreme Court affirmed that Washington DC gun laws violated the Second Amendment Civil Rights of DC residents and to positively restore those rights. Quotes from Scalia’s majority opinion: D.C.’s requirement that lawfully owned firearms in the home, such as registered long arms, be “unloaded and disassembled or bound by a trigger lock or device” also violates the Second Amendment as it makes it impossible...
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...basic rights of the American citizen, has become more and more of a not so given. This is largely in part due to the recent increase over the years of casualties involving minors and firearms which have put the issue of Gun Control on a political stage of its own. The Second Amendment of 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.” as written by Thomas Jefferson. It was adopted along with the rest of the Bill of Rights on December 15, 1791 and has been a staple to American citizen rights ever since. Several high profile court cases have been presented in front of the Supreme Court challenging the Second Amendment with no avail. One of the most notable and recent cases was Heller vs. District of Columbia (2008). Six plaintiffs were protected by the Second Amendment and were permitted to possess firearms that were previously classified as illegal. Although this was a victory for the gun owners of America, it doesn’t mean the debate on Gun Control is over. For the majority of this paper I will cover the controversial issues surrounding Gun Control. I will also add in my own personal insight on each point given. It...
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...Corporate Governance & Business Ethics Gun Control vs. Gun Violence The debate over gun control in the United States has been a topic of controversy over the years. In particular, the killing of twenty schoolchildren in Newtown, Connecticut. In December 2012 this mass shooting fueled a national discussion over gun laws. However, compromise legislation would have banned semiautomatic assault weapons and expanded background checks was defeated in the senate in 2013, despite extensive public support. Arguments for more restrictive gun laws http://gun.laws.com/gun-rights/gun-control-versus-gun-rights As society continues to diversify and human beings become more individualistic, we drift further apart from understanding each other. The gun control debate is not directly effected by this, but psychologically human beings fear what we don't understand. In a society with hundreds of cultures, differences and arguments can arise out of nothing. Words are one thing but the use of firearms is an entirely different topic. With less restrictive laws on purchasing and ownership a seemingly pointless feud could intensify into murder. Guns give a man power, with power inevitably comes abuse. There is a high rate of gun-related violence http://gun.laws.com/gun-rights/gun-control-versus-gun-rights The United States leads the world in gun violence and ownership. There is a direct correlation. This is perhaps the most obvious argument made in the gun control debate-guns...
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...Republicans. (Separate one’s) * Invisible primary: candidates try to gain support and finance in the year before the primary * Proportional primary: awarded delegates in proportion to votes they get * Winner-takes-all: Win the most votes and you take all the states delegates Advantages: * Increased level of participation from ordinary votes (30% in 2008) * Increased interest from people * Increased choice of candidates (14 in 2008) * Removing power from party bosses Disadvantages: * Turnout is usually low * Voters are usually unrepresentative of normal voters (tend to be wealthier, old and better educated) * Process is far too long and expensive (Obama in 2008 announced his running 332 before the first primary * Fails to test presidential qualities Increased importance of primaries: * Really the only route to become a parties President Caucuses: * A meeting for the selection of a candidate * Usually held in states that are geographically large but thinly populated (Iowa, North Dakota, Nevada) * Turnout is usually pretty low, and usual favour ideological candidates National party conventions: Formal functions: * Choose presidential candidate. (Need majority of delegates) * This function has been lost to primaries * Now just merely confirm the candidate * Choose VP, usually a balanced ticket so VP brings what President can’t (McCain + Palin 2008, Old & young, male & female) Informal...
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...Legal Medicine 0194-7648 print / 1521-057X online DOI: 10.1080/01947648.2012.657993 THE GOOD, THE BAD AND THE UGLY A 50-STATE SURVEY EXPLORING FEDERAL AND STATE FIREARM REGULATIONS RELATED TO MENTAL HEALTH Jason Sterzer* The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government. This may be considered as the true palladium of liberty . . . . The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.1 INTRODUCTION On April 16, 2007, Seung-Hui Cho went on a murderous rampage at Virginia Tech University, slaughtering 32 people before turning his gun on himself.2 Cho had previously been diagnosed with severe anxiety disorder and declared mentally ill in the Circuit Court of Montgomery County.3 At the time of the shooting, Virginia law prohibited the “purchase, possession, or transportation of any firearm by any person adjudicated ‘legally incompetent,’ ‘mentally incapacitated,’ or ‘incapacitated,’ whose competency or capacity [had] not been * Third-year law student at Southern Illinois University. Address correspondence to Mr. Sterzer at...
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...a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney, has stated that employee rights and workplace privacy will “continue to be the hottest employment law topics into the twenty-first century.”1 For example, while drug testing, e-mail privileges, and employee monitoring are routinely debated, employers are now using location awareness technology, global positioning systems (GPSs), and companyprovided cell phones to track and locate...
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...PROTECT CHILDREN NOT GUNS 2012 THIS REPORT IS DEDICATED TO THE MEMORY OF TRAYVON MARTIN AND THE THOUSANDS OF CHILDREN AND TEENAGERS KILLED BY GUNS EACH YEAR IN AMERICA. Children’s Defense Fund Mission Statement T he Children’s Defense Fund Leave No Child Behind® mission is to ensure every child a Healthy Start, a Head Start, a Fair Start, a Safe Start and a Moral Start in life and successful passage to adulthood with the help of caring families and communities. CDF provides a strong, effective and independent voice for all the children of America who cannot vote, lobby or speak for themselves. We pay particular attention to the needs of poor and minority children and those with disabilities. CDF educates the nation about the needs of children and encourages preventive investments before they get sick, drop out of school, get into trouble or suffer family breakdown. CDF began in 1973 and is a private, nonprofit public charity supported by foundation and corporate grants and individual donations. © 2012 Children’s Defense Fund. All rights reserved. Table of Contents Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Stand Up and Take Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Child and Teen Gun Deaths . . . . . . . . . ....
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...H8032-Prelims.QXD 7/1/06 11:08 AM Page i CIMA’S Official Learning System CIMA Certificate in Business Accounting, 2006 Syllabus Certificate Level Fundamentals of Ethics, Corporate Governance and Business law David Sagar Larry Mead Philippa Foster Back H8032-Prelims.QXD 7/1/06 11:08 AM Page ii CIMA Publishing is an imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA First edition 2006 Copyright © 2006 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone (ϩ44) (0) 1865 843830; fax (ϩ44) (0) 1865 853333; e-mail: permissions@elsevier.com. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining Permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication...
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...PETROLEUM IN BRAZIL: Petrobras, Petro-Sal, Legislative Changes & the Role of Foreign Investment ANDREW D. FISHMAN George Washington University Washington, DC 20052 (860) 690 - 7553 AFishman11@Gmail.com Introduction On November 8, 2007, the state-owned Petróleo Brasileiro S/A (Petrobras) announced that it had discovered a “monstrous” reserve of light oil in the Tupi field of the Santos basin, off the coast of southern Brazil. A day later it removed 41 adjacent exploration blocks from a scheduled government concession auction to reanalyze how to best exploit the new resources.1 Since opening its petroleum industry in 2007, Brazil has attracted hordes of foreign corporations and created hundreds of thousands of jobs. In 2009 President Lula proposed sweeping changes to the industry in the form of four bills that would greatly increase the government’s involvement and relegate foreign oil companies to the role of “subservient partners.” In that same year, Petrobras successfully executed a public stock offering worth almost $79 billion (bn). Yet despite the largest public offering in history and tens of billions of barrels in proven and expected reserves, analysts at Credit Suisse and Deutsche Bank, among others, have downgraded Petrobras’ investment rated to “neutral” and “hold,” respectively. Despite incredible potential, uncertainty over the potential increase in government control, over-ambitious targets, infrastructural bottlenecks, technological capabilities, and corruption...
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...2 Understanding Diversity in the Classroom CHAPTER LEARNING GOALS After you study this chapter, you will be able to: 1. Explain the importance of understanding classroom diversity. 2. Explain the different group and individual sources of diversity. 3. Describe approaches to teaching in culturally and linguistically diverse classrooms. 4. Explain the provisions of the Individuals with Disabilities Education Act. 5. Explain the characteristics of students with exceptionalities. 6. Describe the role of the teacher in the inclusive classroom. Imagine You Are the Teacher It Is The First Teaching year at Lincoln Elementary School for Ms. Branson. She has 30 fifth-graders of whom 13 are girls and 17 are boys, 12 participate in the free and reduced lunch program, 5 are English language learners, and 4 have individualized education programs (IEPs). As she plans her lesson on paragraph writing, she is trying to keep the special needs of each of her students in mind. Because Jessica has a hearing impairment, Ms. Branson decides to make a written outline that includes the important parts of a paragraph and examples of good and bad paragraphs. She also decides to go over the outline several times because Fred and Alex have a reading disability. In her plan, there is also a note to herself to find a bigger pencil and wide-lined paper for Suzy, who requires these modifications according to her IEP. Based on past writing experiences, she expects Monica to finish writing her paragraph...
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...The Wealth of Networks The Wealth of Networks How Social Production Transforms Markets and Freedom Yochai Benkler Yale University Press New Haven and London Copyright _ 2006 by Yochai Benkler. All rights reserved. Subject to the exception immediately following, this book may not be reproduced, in whole or in part, including illustrations, in any form (beyond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by reviewers for the public press), without written permission from the publishers. The author has made an online version of the book available under a Creative Commons Noncommercial Sharealike license; it can be accessed through the author’s website at http://www.benkler.org. Printed in the United States of America. Library of Congress Cataloging-in-Publication Data Benkler, Yochai. The wealth of networks : how social production transforms markets and freedom / Yochai Benkler. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-300-11056-2 (alk. paper) ISBN-10: 0-300-11056-1 (alk. paper) 1. Information society. 2. Information networks. 3. Computer networks—Social aspects. 4. Computer networks—Economic aspects. I. Title. HM851.B457 2006 303.48'33—dc22 2005028316 A catalogue record for this book is available from the British Library. The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. 10 9 8 7 6 5 4 3 2 1...
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