...incites strong emotion in both men and women. The most famous court case revolving this infamous issue is known as Roe v. Wade; and though it was chosen a quarter century back,the effects and decisions from this case can be felt to this day. The verdict to legalize abortion has led to mass revives, bombings of fetus removal...
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...technology in the past century has enabled her to control this, specifically abortion and the use of contraceptives. Hypothesis Changing roles in the family unit have caused the dynamic to change. Women have become the sole provider to the family in many households forcing them to earn a living as well as take care of the children. Conflicting sets of moral and ethical values within society have made their choices more difficult. By controlling which options she has availible, is society choosing for her? When does a specific group of personal values out weigh an individuals freedom to live their life as they see fit? Is life, liberty, and the pursuit of happiness only available to those who make the laws? Historic Supreme Court Cases In the mid 1800’s woman’s suffrage movement came to the United States and the fight for equality started. The 14th Amendment was ratified in July of 1868 and included the...
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...Women and Equal Rights Sharon Edick Kaplan University Women and Equal Rights On August 26, 2011 women celebrated the 91st anniversary of a victory that took more than 70 years of political struggle to achieve, the right to vote. After this victory was achieved, socialist feminist Crystal Eastman stated “that although suffrage was an important first step what women really wanted was freedom” and she actually laid out a plan that is still relevant today. She outlined a four point program of what women need to achieve in order to have the same freedoms and equality as men. 1. Economic independence for women, including the freedom to choose an occupation and receive pay equal to a man. 2. Gender equality at home, men in the home sharing the responsibilities of family life. 3. Reproductive freedom, the ability to choose when, if and how many children they would have. 4. Financial support for homemaking and child raising (Ellen Carol DuBois; Lynn Dumenil, 2012). Since 1920 women have won many rights and opportunities in areas like education, professional sports and in some states same sex marriages. However, if we look at the “priorities” that Eastman identified how far have we actually come when the U.S. Constitution does not even guarantee women the same rights as men? With ground already broken in the workplace due to women’s participation in various professions, trades and unions, women believed that equality in the workplace would be the easiest part...
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...liberties which so many take for granted today. The origins of civil liberties for the United States dates back to England. The United States has a clean start by including the Bill of Rights in the American Constitution. The Bill of rights at first were the symbolism of American ideals because there was no way of enforcing them until 1803 where in the case of Marbury v. Madison the Supreme Court took action in striking down laws for the first time that were considered unconstitutional. From that point on the Supreme Court established a precedent of wielding the power to strike down any unconstitutional legislation. Marbury v. Madison happened long before the Civil War and before any of the other cases mentioned. However its importance to civil liberties is essential to any civil liberty essays because it was the one case that allowed for the Supreme Court to take action and enforce the bill of rights along with any other law that is deemed unconstitutional. It was this case that brought about the exercise of judicial review in the United States under Article III of the U.S. Constitution, guaranteeing the rights of every American one case at a time. Although countless Americans lost their civil liberties during the civil war due to President Lincoln suspending the Writ of Habeas Corpus, a larger number of others benefited by Lincoln’s polices as did African Americans and many other groups in future generations thereafter. During the...
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... quality, and services for millions of Americans with health and behavioral health needs. Social workers practice as part of health caretailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations. [PUBLICATION ABSTRACT] quirement to purchase health insurance. It also examines some recent Canadian constitutional law cases to anticipate possible future legal challenges to health care reform in the United States. INTRODUCTION The question of the reform of the American system of financing health care has, of course, recently been a central focus of debate in American politics. Because the author of this paper is something of a "political junkie" and keeping current on this issue seemed a desirable part of being a law professor at the current moment, I decided to investigate and examine what legal issues have been involved in the health care reform debate. To a fair degree, what I discovered was that the health care issue is primarily focused on politics, ethics, and economics, rather than on legal issues. But a variety of legal issues have surfaced in...
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...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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...Law and Politics 9/2/15 Office hours 10-11 Monday and Wednesday Hickman 411 What is law- set of rules made by government and enforced by government 4 Institutions that make Laws 1. Legislative Bodies (Ex. Congress, State Legislators, City council) Statutory Law 2. Courts/Judges- Set precedent by ruling: Common Law 3. Executive Branch: bureaucracy/administrative agency Administrative Law 4. Constitutional Law 9/4/15 Constitutional law-makes rules for govt Has gone largely unchanged Blueprint Creates and limits govt Fundamental law that sets up rules for how other kinds of laws can be made What isn’t in the Constitution? Democracy Separation of church and state Right to privacy Right to education One-person one vote Political parties God Articles of Confederation -1777 Loose association States retain sovereignty One house Congress Every state one vote Needed 9 to pass Couldn’t tax Problems Congress little power No taxes State sovereignty Own paper money States could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left...
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...population of the immigrants was rising. Abortions were made illegal to insure the stability of the population of American citizens. It seems odd that the only reason that abortions were made illegal at one point was because of money issues and a lust for white supremacy. It seemed to have nothing to do with the rights of a child or a woman. One of the reasons why abortion came into question in the beginning of the 1950s was due to the fact that a lot of doctors and lawyers were seeing many cases of illegal abortions and it was becoming a large social problem. Since there was a lack of competition for legal abortions, doctors found no problem making them legal again -- “They felt that abortions were justified under certain circumstances, and they began to see the laws against abortion as an infringement on their own medical discretion” (Straggenborg, 1991). And so the issue arose again with many pro- choice groups speaking up. Then with court cases like Griswold v. Connecticut and Roe v. Wade, abortion again became legal in the United States. When looking at a topic like abortion, there are many things that one must take into account. Yet before we look at both sides of the issue, let’s look at exactly what the issue is. If we were to state that abortions should be illegal, then we are potentially putting the burden of a child and a pregnancy on a teenager. As well if it were to be illegal,...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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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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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...Educational Psychology: Developing Learners This is a protected document. Please enter your ANGEL username and password. Username: Password: Login Need assistance logging in? Click here! If you experience any technical difficulty or have any technical questions, please contact technical support during the following hours: M-F, 6am-12am MST or Sat-Sun, 7am-12am MST by phone at (800) 800-9776 ext. 7200 or submit a ticket online by visiting http://help.gcu.edu. Doc ID: 1009-0001-191D-0000191E DEVELOPING LEARNERS JEANNE ELLIS ORMROD Professor Emerita, University of Northern Colorado EIGHTH EDITION ISBN 1-256-96292-9 Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City São Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Educational Psychology: Developing Learners, Eighth Edition, by Jeanne Ellis Ormrod. Published by Pearson. Copyright © 2014 by Pearson Education, Inc. Vice President and Editorial Director: Jeffery W. Johnston Vice President and Publisher: Kevin Davis Editorial Assistant: Lauren Carlson Development Editor: Christina Robb Vice President, Director of Marketing: Margaret Waples Marketing Manager: Joanna Sabella Senior Managing Editor: Pamela D. Bennett Project Manager: Kerry Rubadue Senior Operations Supervisor: Matthew Ottenweller Senior Art Director: Diane Lorenzo Text Designer: Candace Rowley Cover Designer:...
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...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born...
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...of the human psyche that is sure to benefit both introverts and extroverts alike.” —Kirkus Reviews (starred review) “Gentle is powerful … Solitude is socially productive … These important counterintuitive ideas are among the many reasons to take Quiet to a quiet corner and absorb its brilliant, thought-provoking message.” —ROSABETH MOSS KANTER, professor at Harvard Business School, author of Confidence and SuperCorp “An informative, well-researched book on the power of quietness and the 3/929 virtues of having a rich inner life. It dispels the myth that you have to be extroverted to be happy and successful.” —JUDITH ORLOFF, M.D., author of Emotional Freedom “In this engaging and beautifully written book, Susan Cain makes a powerful case for the wisdom of introspection. She also warns us ably about the downside to our culture’s noisiness, including all that it risks drowning out. Above the din, Susan’s own voice remains a compelling presence—thoughtful, generous, calm, and eloquent. Quiet deserves a very large readership.” —CHRISTOPHER LANE, author of Shyness: How Normal Behavior Became a Sickness 4/929 “Susan Cain’s quest to understand introversion, a beautifully wrought journey from the lab bench to the motivational speaker’s hall, offers convincing evidence for valuing substance over style, steak over sizzle, and qualities that are, in America, often derided. This book is brilliant, profound, full of feeling and brimming with insights.” —SHERI FINK, M.D., author...
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