...constitution, they envisioned a life of freedom and equality for themselves and every other citizen of the United States. Their vision had a huge caveat: only white men were created equally and held inherent rights. Our founding fathers immediately ingrained discrimination into the bones of this country and set the stage for years of struggle to achieve equal opportunity. After 185 years of denying equal social and economic opportunities to minorities and women, America’s leaders chose to act. The actions of John F. Kennedy and Lyndon B. Johnson brought forward a plan called affirmative action: to address the under-representation of qualified minorities and women in higher education and the workplace. With a foundation that contains discrimination in its core, affirmative action did not come without controversy. It has been the central topic of notable Supreme Court cases such as University of California Regents v. Bakke, Grutter v. Bollinger, and Fisher v. University of Texas. Many who oppose affirmative action argue that race-conscious programs lead to reverse discrimination and group preferences over individual merit. Through arguments, data and research, it will be shown that affirmative action is indeed an effective remedy for addressing racial inequality in higher education and other institutions. Without it in this current time, large negative effects would be felt throughout higher education and higher education. Affirmative action’s origins stem from an executive order that...
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...History of Affirmative Action Human Resources Research Paper BUSI 526 Section D October 30, 2010 Aurelia Mouton Abstract Affirmative action has a relatively short history in the United States. The idea of affirmative action begin to come into play in 1961 when politicians and Presidents alike believed that there needed to be a way to rectify the previous injustices dealt to the minority community in regards to workplace. The text mentions that affirmative action uses “numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market” (Dessler, 2011, 60) and that affirmative action was put into place to eliminate barriers to equal employment. This may be true but from its’ very inception, affirmative action has been met with resistance. History of Affirmative Action Affirmative action has seemed to find its way into the lives of many. It was originally created to make employment opportunities and practices fair for people that were non-white U.S. citizens but has since grown and evolved into much more. The beginning concept of affirmative action was to make right the many years that African Americans were bound because of slavery, discrimination after the abolition of slavery and lack of education that prevented many of them from getting decent jobs. Many positive things can be said about affirmative action when it works; however there are many people that fight against it because of...
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...Skinner v. Oklahoma 1. Skinner v. Oklahoma, 316 U.S. 535 (1942) This case touches a sensitive and important area of human rights. Oklahoma deprives certain individuals of a right that is basic to the perpetuation of a race-the right to have offspring. Oklahoma has decreed the enforcement of its law against petitioner, overruling his claim that it violated the Fourteenth Amendment. Because that decision raised grave and substantial constitutional questions, we granted the petition for certiorari. The statute involved is Oklahoma’s Habitual Criminal Sterilization Act.Petitioner was convicted in 1926 of the crime of stealing chickens and was sentenced to the Oklahoma State Reformatory. In 1929 hewas convicted of the crime of robbery with firearms and was sentenced to the reformatory. In 1934 he was convicted again of robbery with firearms and was sentenced to the penitentiary. He was confined there in 1935 when the Act was passed. In 1936 the Attorney General instituted proceedings against him. Petitioner in his answer challenged the Act as unconstitutional by reason of the Fourteenth Amendment. It is true that the Act has a broad severability clause. But we will not endeavor to determine whether its application would solve the equal protection difficulty. The Supreme Court of Oklahoma sustained the Act without reference to the severability clause. We have therefore a situation where the Act as construed and applied to petitioner is allowed to perpetuate the discrimination...
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...Deborah Rodriguez January 13, 2014 Real Estate Law Assignment – Unit 1 RE: Adverse Possession California Code of Civil Procedure § 321. Possession, when presumed: Occupation deemed under legal title, unless adverse. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to such legal title, for five years before the commencement of the action. § 322. Occupation under written instrument or judgment, when deemed adverse. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of the property in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the property included in such instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract...
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...universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...neighborhoods (e.g., walkability, recreational areas, and accessibility of healthful foods), which can influence health-related behaviors. Evidence has accumulated, however, pointing to socioeconomic factors such as income, wealth, and education as the fundamental causes of a wide range of health outcomes. This article broadly reviews some of the knowledge accumulated to date that highlights the importance of social—and particularly socioeconomic— factors in shaping health, and plausible pathways and biological mechanisms that may explain their effects. We also discuss challenges to advancing this knowledge and how they might be overcome. University of California, San Francisco, School of Medicine, Department of Family and Community Medicine, Center on Social Disparities in Health, San Francisco, CA a University of California, San Francisco, School of Medicine, Department of Family and Community Medicine, Center for Health and Community, San...
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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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...Supreme Court of the United States David Leon RILEY, Petitioner v. CALIFORNIA. United States, Petitioner v. Brima Wurie. Nos. 13–132, 13–212. Argued April 29, 2014. Decided June 25, 2014. Background: In two cases consolidated for appeal, first defendant was convicted by a jury in the Superior Court, San Diego County, Laura W. Halgren, J., of various crimes related to drive-by shooting, and he appealed based on his challenge to evidence found during police officers' warrantless search of data stored on his cell phone. The California Court of Appeal, 2013 WL 475242,[->0] affirmed. Second defendant was charged with drug- and weapon-related crimes, and the United States District Court for the District of Massachusetts, Stearns, J., 612 F.Supp.2d 104,[->1] denied his motion to suppress evidence found during warrantless search of data stored on his cell phone, and defendant appealed. The United States Court of Appeals for the First Circuit, Stahl, Circuit Judge, 728 F.3d 1,[->2] reversed. Certiorari was granted. Holdings: The Supreme Court, Chief Justice Roberts[->3], held that: (1) interest in protecting officers' safety did not justify dispensing with warrant requirement for searches of cell phone data, and (2) interest in preventing destruction of evidence did not justify dispensing with warrant requirement for searches of cell phone data. Judgment of California Court of Appeal reversed and remanded, and judgment of First Circuit affirmed. Justice Alito...
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...U.S. Department of Justice Office of Community Oriented Policing Services Problem-Oriented Guides for Police Problem-Specific Guides Series No. 44 Disorder at Day Laborer Sites by Rob T. Guerette www.cops.usdoj.gov Center for Problem-Oriented Policing Got a Problem? We’ve got answers! Log onto the Center for Problem-Oriented Policing website at www.popcenter.org for a wealth of information to help you deal more effectively with crime and disorder in your community, including: • Web-enhanced versions of all currently available Guides • Interactive training exercises • Online access to research and police practices • Online problem analysis module. Designed for police and those who work with them to address community problems, www.popcenter.org is a great resource in problem-oriented policing. Supported by the Office of Community Oriented Policing Services, U.S. Department of Justice. www.PopCenter.org Problem-Oriented Guides for Police Problem-Specific Guides Series Guide No. 44 Disorder at Day Laborer Sites Rob T. Guerette This project was supported by cooperative agreement #2004CKWXK002 by the Office of Community Oriented Policing Services, U.S. Department of Justice. The opinions contained herein are those of the author(s) and do not necessarily represent the official position of the U.S. Department of Justice. References to specific companies, products, or services do not constitute endorsements from the author(s) or the Justice Department. Rather...
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...Brian Grazer’s Curiosity Conversations: A List Since the late 1970s, Brian Grazer has been meeting with people from diverse backgrounds to have open-ended conversations about their lives and work. Below, in alphabetical order, is a list of many of the people Brian has had curiosity conversations with. It is as comprehensive as memory and records permit; please forgive any omissions. Brian has spoken to so many people over thirty-five years and explored so many topics that it would be impossible to have included accounts of all of them. But each of the conversations provided the inspiration for the discussions of creativity and storytelling in this book, and in rian’s work. B 50 Cent: musician, actor, entrepreneur Joan Abrahamson: president of the research and education nonprofit Jefferson Institute, MacArthur Fellowship recipient Paul Neal “Red” Adair: oil-well firefighter, innovator in extinguishing oil-well blowouts in Kuwait 1 Roger Ailes: president of Fox News Channel Doug Aitken: multimedia artist Muhammad Ali: professional heavyweight boxer, three-time World Heavyweight Champion John Allman: neuroscientist, expert on human cognition Gloria Allred: civil rights attorney Brad Anderson: former CEO of Best Buy Chris Anderson: curator of TED conferences Philip Anschutz: entrepreneur, cofounder of Major League Soccer, investor in multiple professional sports teams David Ansen: former senior entertainment editor at Newsweek ...
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...Study Unit Computer-Assisted Legal Research By Melynda Hill-Teter Reviewed By Brian Bastyr, Esq. About the Author Melynda Hill-Teter is a 1991 graduate of the Legal Assistantship Program at the University of California at Santa Barbara, an American Bar Association approved school. She has more than 20 years of experience in the legal field, and specializes in legal computer applications. Ms. Hill-Teter has received a Paralegal Certificate of Mastery in LexisNexis online research. She has published articles in Legal Assistant Today and Law Office Computing. Ms. Hill-Teter is employed as a litigation paralegal in Scottsdale, Arizona. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a juris doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. Screen shots in this study unit are reprinted with the permission of LEXISNEXIS, a division of Reed Elsevier Inc. Paralegals spend a good deal of their work lives conducting legal and factual research. Good research skills are very important for a successful paralegal career. Legal databases constantly change their legal content, as well as the way to search for that content. Paralegals therefore must keep their research skills up-to-date and stay on top of changes in the law as well as the newest ways...
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... Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled from her birth canal but before the cord was severed (Johnson v. Florida, 602 So.2d 1288 (Sup.Ct. Fla. 1992)). • Which of the basic functions of law are implicated by this state law? • What kind of law is this—civil or criminal? • How will a court determine whether Jennifer has violated this law? 3 4 Part...
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...Handout #2 Brief Training Materials for Fall 2012 Messa v. Sullivan Court of Appeals, 1965. 61 Ill.App.2d 386, 209 N.E.2d 872. BURMAN, PRESIDING JUSTICE. Betty Messa brought this action against James Sullivan, Helen Sullivan and the Keyman's Club, an Illinois not for profit corporation, to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill.Rev.Stat.l963, ch. 8, § 12d). The parties waived a jury and the case was tried by the court. On the common law count, the trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. On the statutory count, however, the court concluded that the plaintiff should recover and therefore he entered judgment awarding the plaintiff damages only against James Sullivan and the Keyman's Club in the amount of $3,000. From this judgment these two defendants appeal. They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that...
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...Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...An Analysis of Current Whistleblower Laws: Defending a More Flexible Approach to Reporting Requirements Gerard Sinzdak' INTRODUCTION Sherron Watkins is regarded as a hero for her decision to blow the whistle on the illegal activities of her employer Enron.' Had Enron survived the resulting scandal, however, the company could have fired or otherwise retaliated against Watkins with legal impunity.'^ Under Texas's whistleblower law, employees of private employers receive legal protection against retaliation only if they report wrongdoing to an external law enforcement agency. Because Watkins reported her concerns only to Enron CEO Kenneth Lay, her actions did not meet Texas's strict report recipient requirement.' The Texas whistleblower law is not unique. Most state whistleblower statutes restrict the parties to whom a whistleblower may report in order to receive protection from retaliation.^ The majority of states, for example, protect only those employees' who file reports with external govemment bodies. In Copyright © 2008 Califomia Law Review, Inc. Califomia Law Review, Inc. (CLR) is a Califomia nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t J.D., University of Califomia, Berkeley School of Law (Boalt Hall), 2008. I would like to thank Professor Gillian Lester for her guidance and assistance with this Comment. 1. Richard Lacayo & Amanda Ripley, Persons of the Year, TIME, Dec. 30, 2002, at 30. 2...
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