...protection of the laws guaranteed by the 14th Amendment? b. Provide background information: Black children were unable to attend the same schools that white children attend because of segregation laws. One person in particular, Linda Brown, was denied admittance to an all white school, and Thurgood Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...Constitutional Rights: Another Angle of Freedom of Speech Maria Ibanez PAD 525 Constitutional and Administrative Law Dr. Glenn L. Starks May 25, 2014 Abstract Traditionally, freedom of speech has been perceived as a fundamental right guaranteed under our federal constitution to express whatever we please, whenever we please and wherever we please. Nevertheless, we must be aware that some speech may be subjected to restrictions and that not all speech is protected. Moreover, the language of the first amendment specifically mentions the prohibition of state laws against abridging freedom of speech. Similarly, the U.S. Supreme Court has held that the government may limit and regulate its content when duly necessary. Constitutional Rights: Another Angle at Freedom of Speech Although the Supreme Court has historically dedicated efforts into chartering the boundaries of freedom of speech, the ones evolving from the First Amendment, its representational approach is still defective (Blocher, 2014). The free exchange of ideas does not seem to completely pass the test of common sense and keeps opening room for personal misinterpretation and misunderstanding over the privileges and limitations of private speech. First Amendment Special Protections The First Amendment special protections were designed to safeguard freedom of speech from state action, and do not concern itself with private expression. In the case of Korb v. Raytheon, the defendant proposed that a federal question should...
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...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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...The Curious Case of Charles Katz The United States Constitution’s purpose is to protect the natural rights of all Americans. The first ten amendments, also known as the Bill of Rights, outline those basic principals. The amendment involved in the case of Katz V. United States was the fourth. This amendment protects individuals from unreasonable searches and seizures without a warrant; however, there are limitations to this rule. For example, any searches inside a home are considered unreasonable unless “an officer is given consent to search, If the search is indecent to a lawful arrest, if there is probable cause to search and exigent circumstances, or if the items are in plain view” (What Does the Fourth Amendment Mean?). When an officer suspects a person is involved in...
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...Unit 2 Readings Key Terms * 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,...
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...The First Amendment The first amendment is like the glue that holds American society together. It provides people to express themselves however they want without being persecuted for having different views. The fact that the government has no right to intervene in our personal of public life through religion or speech is what classifies this country as “Land of the Free”. Initially, This amendment gives us our basic right to express ourselves in whatever way we see fit, as long as it isn’t illegal. On December 15, 1791, This amendment along with nine other amendments was ratified to make up what is know as the bill of rights. This amendment came about at the genesis of America. Citizens of America wanted a guaranteed right to their basic freedoms. It was the layout of a new and free society. Of all the founding...
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...college | Bill of Rights | Most Important Amendment | | Keondra Whitaker | 3/5/2013 | [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] | Keondra Whitaker March 5, 2013 Amendments of the Constitution The Constitution is one of the most important documents that have been written that has shaped the United States. In 1791, these amendments were ratified for the rights of the government, citizens and our nation. “The first ten amendments is none as the Bill of rights and still stand as both the symbol and foundation of American ideals of individual liberty, limited government, and the rule of law,” says Ushistory.com. Many people have different viewpoints on the amendments and weather they are wrong, right, important, pointless, and for some it just doesn’t matter. To me, all the amendments are important but the very first amendment stands out to me. The first amendment states, “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.” This was a great way to start of the Bill of rights. So let’s break it down to show why it’s an important amendment. Way before the...
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...Hatfield v. McDaniel et al Doc. 58 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JERRY BENNETT HATFIELD, III, ) ) Plaintiff, ) ) v. ) ) JOHN MCDANIEL, et al., ) ) Defendants. ) CASE NO. 2:11-CV-590-WKW [WO] MEMORANDUM OPINION AND ORDER This case involves the allegedly illegal search and seizure of Plaintiff Jerry Bennett Hatfield’s store and computer. The matter comes before the court on the Motion for Partial Summary Judgment filed by Defendants John McDaniel, Gary Graves, Robert Furlong, and the City of Prattville, Alabama. (Doc. # 25.) The parties have argued their positions extensively: Mr. Hatfield filed a Response (Doc. # 29), to which Defendants responded (Doc. # 35), to which Mr. Hatfield filed a sur-reply, to which Defendants responded (Doc. # 45). For the reasons discussed below, summary judgment is due only on Mr. Hatfield’s Fourteenth Amendment and negligence claims. As to Mr. Hatfield’s Fourth Amendment claims, summary judgment is improper. Dockets.Justia.com I. JURISDICTION AND VENUE Subject matter jurisdiction over this action is exercised pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343. The parties do not contest personal jurisdiction or venue, and there are allegations sufficient to support both. II. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Jerry Bennet Hatfield, III, runs a car stereo store in Prattville called Powerhouse Audio. Sometimes Mr. Hatfield accepts trade-ins, which are not always the...
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...First Amendment Research Paper: Freedom of Speech During the time the Constitution was being written, freedom of speech was mainly focused on political speech. People wanted the opportunity to express their ideas and opinions about the government without being reprimanded or unheard. People feared that if the government was able to censor unfavorable viewpoints, they would eventually form a politically powerful population and oppress those who did not share the same mindset. Along with concerns about political speech, freedom of religious speech was a common desire. Previous incidents in English and Colonial history had occurred where certain religious views were prohibited and the people wanted to make sure that they were safe from the government’s restrictions. During his speech to the First Congress on June 8, 1789, James Madison proposed the Freedom of Speech idea to congress. He included several amendments that specifically addressed the concerns of Anti-Federalists that certain rights were not strongly protected by the Constitution. Madison said in his speech, “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments.” Congress agreed with this idea and it became part of the first amendment. Madison continued with, “No state shall violate the equal rights of conscience, or of the press.” Congress did not like this and thought that only the federal government should be prohibited from restricting certain rights,...
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...Purpose: To inform my audience about Epperson vs. Arkansas court case dealing with the religious schooling taught in public schools. Central Idea: The Supreme Court case between Epperson and Arkansas deals with the problem of whether it’s ok or not to teach the Evolution theory to children in the state of Arkansas. Type of Speech: Supreme Court Organizational Pattern: Event Introduction: Attention Getter: How many people were taught the Theory of Evolution in a high school class? Thesis: In this speech I will present the facts of the court, the religious views of Evolution, both sides of this argument, including Susan Epperson’s side and Arkansas State’s side, and the judicial decision. Preview Statement: In this speech I will present the facts of the court, with both sides of the argument, and the judicial decision. (Trans: I will begin today by presenting how the theory of evolution contradicts religion). Body: I. In the case of Epperson vs. Arkansas, the driving force behind the ban of the theory of evolution were moral views. A. The population of Arkansas in the 1960’s was made up of rural traditional families with conservative views. 1. The conservative views were mainly affiliate with religious beliefs. 2. The driving force behind the outlaw of the teaching of evolution was the fact that evolution, “contradicts a literal interpretation of the first chapter of Genesis.” 3. In the first chapter of genesis, the bible explains how god created the world...
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...Appellant, Aztec Petroleum Corp., appeals from a summary judgment in favor of appellee, MHM Company, which removed Aztec as general partner in a limited partnership and substituted MHM as general partner. In two points of error, Aztec contends that the trial court erred in denying its motion for summary judgment and in granting MHM's motion for summary judgment because neither Aztec nor all of the limited partners consented to the removal of Aztec and substitution of MHM as general partner and, therefore, the removal and substitution are invalid as a matter of law. We conclude that the partnership agreement of Aztec 80-A, Ltd., as thereafter amended, permits the removal of Aztec and substitution of MHM as general partner as a matter of law. Accordingly, we affirm. The facts are undisputed. The controversy centers on section 11.12 of the partnership agreement. Section 11.12 states: Amendments. Amendments to this Agreement may be proposed by the General Partner, or by the holders of 10% or more of the Units, by submission of a written proposal to the General Partner. Following such proposal, the General Partner shall submit to the Limited Partners, by notice in accordance with Section 11.1 of this Agreement, a verbatim statement of the proposed amendment, and when the General Partner deems it appropriate, an opinion of counsel as to the legality of such proposed amendment, and its recommendation with respect to the proposed amendment. Except as otherwise expressly provided herein...
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...San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973) Historical Setting After Civil Rights success in the 1960’s, many of the United States underrepresented citizenry such as minorities and poor searched for equality through the Constitution. In San Antonio, Texas, citizens found that the school finance system was unjust and filed suit under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Federal District Court found that the Texas school finance system violated the Fourteenth Amendment. The State appealed to the Supreme Court. Case Summary San Antonio Independent School District v. Rodriguez (1973) argued that education was a “fundamental right” implied in the Constitution and that poor Hispanic families were being treated as a “suspect class” due to financial disparities between wealthy and poor school districts. The argument was that this inequality of funding between school district’s violated the Equal Protection Clause. The State contended that education was not an Federal enumerated power, therefore it was reserved to the State and that included financial decisions. Court’s Decision The Court found in a 5-4 ruling that this was not a violation of the Equal Protection Clause of the Fourteenth Amendment because education is not a guarantee...
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...The Second Amendment to the United States Constitution Amendment II of the Unites States Constitution, commonly referred to as, “the right to bear arms”, is written as follows: “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.” This amendment was adopted along with 9 other amendments contained in the Bill of Rights, on December 15, 1791. At that point, it was merely a federal provision, and the states varied on their choices of how to include the right to bear arms in their own constitution. In fact, some chose not to include it at all. It has been described as an auxiliary right, supporting the natural rights of self-defense. Political thought at the time was rightfully concerned about political corruption and governmental tyranny. A personal right to bear arms was a potential check against tyranny. The wording of the amendment is somewhat ambiguous, and has been subjected to much interpretation. Additionally, the exact wording and punctuation of the amendment changes from document to document, until its final version, the way it appears in the Bill of Rights. In modern commentary, the different opinions have been classified into 3 interpretive models: 1) Individual- rights model → it is the right of an individual to own and possess firearms. 2) The collective model → the right belongs to people collectively rather than individuals; the rights only purpose is to enable...
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...with lawyers in all court cases? Gideon versus Wainwright is a case that will decide if indigent defendants will. The case of whether indigent defendants should be provided with lawyers. There have been many other cases similar to this, like Powell versus Alabama, Palko versus Connecticut, and Betts versus Brady. Indigent defendants should not be provided lawyers in court unless their offense is capital. The case started in 1961 when a homeless man by the name of Clarence Earl Gideon was caught “Breaking and entering into a Panama City, Florida, pool hall and stealing money from the hall's vending machines” (Mcbride). He stole less than one hundred dollars and some...
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...Running Head: Supreme Court Case Analysis 1 Supreme Court Case Analysis Team A - CJA/364 Instructor: Timijanel Odom 05/20/2015 Supreme Court Case Analysis 2 The Miranda v. Arizona was the biggest case ever in the United States. The Supreme Court argued four different cases because of the Miranda vs. Arizona case. These four different cases were heard and it was stated that 3 of the 4 cases had written statements that were admissible in court. In this paper we will describe the facts of the four cases, we will notate when they were argued, we will describe what lawyers argued what side, we will discuss the arguments of counsel about self-incrimination and we will write about why are the cases significant to a right to counsel and self-incrimination. Miranda vs. Arizona, in this case defendant Ernesto Miranda was 23 years old when he was arrested and charged with several crimes including rape and kidnapping. Ernesto Miranda was an immigrant that was living here in the United States of America. During his arrest Ernesto Miranda was notified of his constitutional rights, but in reality he wasn’t supposed to because he was not a citizen so he had no rights. Ernesto Miranda was taken in and then was questioned about the crimes that were committed, after a couple hours of interrogation Ernesto Miranda gave the police a written statement that he signed. In the statement that...
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