...Article Rebuttal BCOM275 The subject of this paper is a rebuttal to an article that focused on Proposition 8 that was introduced to the state of California in 2008. This paper will argue against the statements that the author said and give insight into how the author’s statements were misleading. First Statement “Now, two years later, though a federal court has declared Proposition 8 invalid under the U.S. Constitution, it nonetheless remains in effect. This state of affairs persists even though most people now support equal marriage rights…” (Brill, 2011). Brill is making a misleading comment here by saying that most of the country is in support of equal marriage rights. By stating that most of country now supports equal marriage rights is a bit of an exaggeration. According to the Pew Research Center, Americans for the majority are still opposed to same sex marriages by the tune of 46% against it (Pew Research Center, 2011). The results from the poll also showed that there was 9% that voted “do not know” and they were counted in with those that were for same sex marriage (Pew Research Center, 2011). Second Statement “The initiative proponents, however, have appealed. Now the California Supreme Court must decide whether unelected and unaccountable initiative proponents have the power to trump the judgment of the democratically elected attorney general” (Baume, 2011). This statement by the author is a way of classifying or assuming that all the people...
Words: 656 - Pages: 3
...Name: - R B V Pratap Singh Roll No. 47LLB14 Synopsis Property Law Women's Right to Property under Hindu law: A Legal Analysis Introduction:- In India, it is no doubt that a woman is seen as pristine, pious and worshipped on one hand but on the other hand she faces discrimination against her gender identity and victimized by the societal norms created in male dominant society. She never got the legitimate place and never enjoyed a respected position in the society even after all the civilization and societal revolutions. Male superiority is still a legitimate concern for any society and adverse conditions for women are still widely prevalent. The emancipation of women and the accomplishment of full balance between genders should dependably be the essential goal of society. Such denial cannot be justified on any grounds – political, moral or legal and not even biological. If we look through the ancient Hindu Society, a woman did not enjoy any reasonable social status and looked upon as a dependent with hardly any property rights. Under the old Mitakshara Law, the son attains an interest and right in the family property on birth. According to this school, a son, grandson, and a great grandson constitute a class of coparceners, based on births in family. No female is a member of the coparcenary in Mitakshara Law. The constitution of India guarantees equality of opportunity and equal status to both men and women citizen. Since article 14 of the Constitution enshrines...
Words: 588 - Pages: 3
...Bill of Rights and Amendments HIS/301 September 12, 2011 Professor James Newman Bill of Rights and Amendments The Constitution became ratified and the supreme law of the land September 17, 1787. Our forefathers understood that the possibility of changes may need to occur to this document to continue to grow with the expanding nation. The act of amending is the way the founders have set up to create any possible changes Americans feel need to be made. Without these changes the nation inhibits itself, and remains in the context of a black and white document. In a nation of unique individuals change is constant and what keeps this country thriving. This paper will continue to discuss how and why amendments become part of the Constitution, what problems with the original document motivates the adoption of the Bill of Rights, the effects of the Bill of Rights, what problems or changes in society led to Amendments XIII through XV, and the effects of these later Amendments. Amendments: The Why and How The United States of America is a country constantly growing and filled with different ideas of change. For the United States to keep up with the constant change, they must be able to add amendments. For example slavery and women’s right to vote, both added in later generations because the normal perception of these individuals had changed. If the amending process had not been created people of such high power would not exist today. For example, President Obama,...
Words: 1626 - Pages: 7
...However, the decision was close and had many opinions. In “Partisan Gerrymandering and the Voting Rights Act”, Richard Forgette and John Winkle provided a historical background on the decision: “In late April 2004, the U.S. Supreme Court by a 5-4 vote affirmed the lower court judgment in Vieth and dismissed the plaintiffs' claims. On the issue of partisan gerrymandering, however, the ruling proved anything but conclusive. The significance of the ruling, it seems, now lies in its fractured set of opinions” The Justices’ split decision left the door open to reinterpreting the judiciable grounds for gerrymandering under the right circumstances. As displayed thus far, gerrymandering by Republicans has implied racial discrimination. While previous cases have...
Words: 1735 - Pages: 7
...also several studies that suggest that the affects of TV violence on children and teens are minimal or may be beneficial in some ways. This paper will review literature from both sides of the controversy not for the sake of defending one side over the other but for the purpose of unveiling what makes the issue so controversial by exploring some of the questions regarding who are the people that have a stance on the issue, why might someone take a strong stance, and discuss what previous researches conclude about the influence of media sex and violence on children’s behavior. Summary of Internet Information For about half a century, Congress has wrestled with the perceived negative influences of television on society, particularly its youth. The responses to this divergence in the past have ranged from banning indecent content and restricting offensive speech to condensing the rights of the broadcast industry. Television violence, the most recent and pressing issue to date for the Federal Communication Commission (FCC) is the conflict between protecting children from the potentially harmful influence of exposure to sex and violence, and the First Amendment rights of the television broadcasters. Among the rights contained in the First Amendment of the Constitution is the Freedom of Speech. This means that television networks have the right to broadcast whatever material they want including violent or sexual-related material but only to a degree (Scott, 1996). Television viewers...
Words: 2512 - Pages: 11
...First Year LLM Degree Program Syllabus Semester I Paper - I Legal Theory - I Paper - II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law...
Words: 1218 - Pages: 5
...Court Case Research on Title IX Court Case FIRST M. SURNAME INSTITUTIONAL AFFLIATION TITLE IX Court Case Introduction Title IX is a part of the Education Amendments of 1972. The amendment protects the citizens from discrimination from academic programs on the basis of their gender(Carpenter & Acosta, 2005). It provides that persons of either gender can be granted an opportunity in any education program within taking into consideration their gender. Title IX protects all the students enrolled in government sponsored institutions from discrimination. As much as the code of Civil Rights caters for the protection against such there are still areas where discrimination can arise (Boland, 2002).. For instance, enrollment in some degree programs or some sporting activities might be based on discriminating nature. The Amendments also guard the student against sexual harassment. This paper will look at the process of filing a Title IX lawsuit. It will analyze based on a sample case study on how to overcome the case based on the current provision of the Education Amendments as well as other relevant laws that pertain to that case. It will observe the consequences of the outcome of the case to the participants of the case. The evaluation will consider all the other external factors that are involved in the process of the filing process and representation in the court of law. Statement of the Court Case The case to be analyzed for the purposes of this paper involves Florida...
Words: 1536 - Pages: 7
...Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison, J. (2008). The Federalist Papers. Oxford:...
Words: 2296 - Pages: 10
...the door, having been alive the whole time. Mrs. Mallard literally dies of grief at seeing he is alive and well. This intrigued me, as I wondered why she was so upset he wasn’t dead, and I wanted to find out more about women’s roles in 1894. At the time this story was written, women did not have many rights. They could not seek higher education, own land or property, and they could not vote. In 1894, the fight had started but the battle was still a long way from being won. This story was inspiring to me, and it made me want to learn about the fight for women’s suffrage since 1848, which is when the Seneca Falls Convention was held on July 19 and 20th (“Rights for Women”). According to the National Woman’s History Museum, it took women more than seventy-two years to get right the vote (“Rights for Women”). I find it amazing that the United States denied women the right to vote for that long. The fight for women’s suffrage, which started with the Seneca Falls Convention and is still going on today, reveals a long and arduous struggle. This paper will explore the origins, the early history, the advancements in the 1900’s, the final outcome, and finally the fight for women’s equal rights that still exists today. According to the National Women’s History Museum, “In the early 1800’s, women were second class citizens. Women were expected to...
Words: 2619 - Pages: 11
...To what extent was the First National Woman's Rights Convention crucial to ensuring the passage of the 19th amendment? The first national woman's rights convention known as Seneca Falls convention was the first woman's rights convention to be held in the United States. This convention led to the launching of the women's suffrage movement which in later decades promised women the right to vote. The first source that provides background on the history of the passage of the 19th amendment is known as a primary source: SENECA FALLS CONVENTION (1848)1. This source is the Seneca Falls Convention's Declaration, a semi-weekly journal that includes recorded documentation from 1848. Within the recorded documentation it discusses the history behind women's...
Words: 1623 - Pages: 7
...information. To do this, they must do private investigations. The government have jailed criminals, all just based on a public profile. Sure, this may be an example of a time this type of research has helped us, but what if we haven’t participated in any rally’s? What if we are just like any other citizen, with a social media account, and an easy to access web source. Would you believe that...
Words: 532 - Pages: 3
... | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the...
Words: 2946 - Pages: 12
...Rights of the Accused Down through the years our Constitution has undergone many changes and revisions for the sake of equality. The Constitution defines the rights of a free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible...
Words: 948 - Pages: 4
...26th Amendment Should Be Concrete For several years, teens have been attempting the right to vote. They want their voice to be heard from a power standpoint. They only the think they're going to be able to do this is by being able to vote for their president, what ballot measures that want to be passed or, their city officials. The teens feel that at a certain age, they should be able to amend the constitution to lower. Sadly, as much as they fight, there would not be enough positive effect if they were to vote. 16 and 17 year olds should not be able to vote because they dilute the vote of experienced voters, are extremely busy, and would cause over representation. According to an article written by Annys Shin, titled “Takoma Park 16-year-old savors his history-making moment at the polls”, which explains a story on how teens were able to vote in Maryland states, “Teens should not be allowed to “dilute” the value of the ballots cast by “older, more experienced voters” (Shin). This explains with teens having the ability to vote, the older, experienced voters would not be able to gain the equal representation...
Words: 795 - Pages: 4
...CANICOSA, Albert Joshua F. BSLM4A Research Paper in Legal Research On June 26, 2015, the United States of America made history when the United States Supreme Court decided that the denial of same sex marriage violates the Fourteenth Amendment of the Constitution. In their ruling, the Supreme Court held that “The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.” (Obergefell et al. v. Hodges, Director, Ohio Department Of Health, et al., 576 U.S. __ No. 14-556 (2015) making same-sex marriage legal in all 50 states, giving them as Justice Anthony Kennedy said “equal dignity in the eyes of the law”. Though most are happy with the decision, there are some who are not glad with it. In his dissent Chief Justice John Roberts believes that it is not the Supreme Court’s duty to decide whether a law should be passed or not. “Judges have power to say what the law is, not what it should be” he adds “the Constitution authorized courts to exercise neither force nor will but merely judgment.” And because of the decision that the court made, people who are against same sex marriage will be forced to accept it. Many conservatives are disappointed with the decision; some of them are moving to make a constitutional amendment banning same sex marriage. In an interview, Republican Presidential Candidate and Florida Governor...
Words: 1461 - Pages: 6
