...schools that saved a certain number of positions open for minority students. Justice Powell wrote, “The guarantee of equal protection cannot mean one thing when applied to one individual and something else when applied to a person of another color” (Reed, Shedd, Morehead, and Pagnattaro). Richmond v. J.A. Croson Co., 109 S. Ct. 706 (1989) was a city’s desire to have 30% of its contracting work be completed by minority-owned businesses. The Court decided that, “The standard of review under the Equal Protection Clause is not dependent on the race of those burdened or benefited by a particular classification” (Reed, Shedd, Morehead, and Pagnattaro). The Court also advised that a standard review of racial classification should be “strict scrutiny”. The Court advised that “A state or local...
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...MEMORANDUM FROM: Group Members TO: Owners, Summer Place, Inc. DATE: May 26, 2015 RE: Information, Findings and Conclusions on Business and Legal Problems I. Decision Situation, Concern, and Purpose Summer Place wants to expand Diamond Design and Construction, Inc. (Diamond). It is considering a five-year expansion plan in County A located in eastern North Carolina. This expansion would support increased profits and business growth objectives. County A has enacted utility surcharge ordinance to increase economic develop, to recruit professional and skilled workers and to further growth of existing business organizations in the county. The utility surcharge ordinance requires that businesses with 33 or less full time employees and annual revenues of less than five million to pay $1,000.00 annually per employee for their impact on utility and other public services. If businesses do not comply with this ordinance, their utilities will be terminated 30 days after failure to pay the surcharge. Diamond would have to comply with the utility surcharge on all of its full time employees until its fourth year of expansion. Diamond must decide the impact of the utility surcharge on its five-year strategic plan and current business operations. The Memorandum provides legal findings and conclusions and recommends how Diamond should respond to the enactment of County A’s utility surcharge ordinance in conjunction with its five-year strategic, expansion plan...
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...designated forums, and nonpublic forums. See Perry Educ. Ass’n v. Perry Educators’ Ass’n, 460 U.S. 37 (1983). Finally, some public property is not a forum at all. Traditional public forums include public parks, sidewalks and areas that have been traditionally open to political speech and debate. Speakers’ in these areas enjoy the strongest First Amendment protections. In traditional public forums, the government may not discriminate against speakers based on their views. This is called “viewpoint discrimination.” The government may, however, subject speech to reasonable, content-neutral restrictions on its time, place, and manner. When considering government restrictions of speech in traditional public forums, courts use “strict scrutiny.” Under strict scrutiny, restrictions are allowed only if they serve a compelling state interest and are narrowly tailored to meet the needs of that interest. Sometimes, the government opens public property for public expression even though the public property is not a traditional public forum. These are designated public forums. After opening a designated public forum, the government is not obligated to keep it open. However, so long as the government does keep the forum open, speech in the forum receives the same First Amendment protections as speech in traditional public forums. Examples of designated public forums include municipal theatres and meeting rooms at state universities. The government may limit access to a designated public forum...
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...free exercise of her religion. RATIONALE A policy that disregards a claimant's religious reasons for refusing employment burdens her free exercise of her religion. She is put in the constitutionally untenable position of having to choose between receiving unemployment benefits and following her religion. The Court said that only a compelling state interest could justify such a burden on the free exercise of religion. Furthermore, the state must show that its compelling interest could not be satisfied by a less restrictive alternative. Here, an exemption could have been made for Sabbatarians without undermining the state's interest in ensuring that benefits are paid only to claimants who were involuntarily unemployed. (Note: strict scrutiny standard] Wisconsin v. Yoder (1972) FACTS Defendant Yoder was convicted of violating Wisconsin's compulsory education law when he refused to send his children to school after the 8th grade. He believed that the two years of compulsory high school education conflicted with the Amish religion's tenets...
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...1. How can a party protect itself from an abusive discovery process? Do not provide full discovery. Do not provide inside information. One must object on all grounds. One most file a motion to dismiss fraud count for failure to pint to any specific misrepresentation. One could seek a protective order. One could hire in an agency to show out to disclosure information. Mazda's was to seek a protective order. Much of the information requested by the Chudasamas involved confidential documents that went to the heart of Mazda's business. They sought marketing studies, internal memoranda, and documentation on the history of the development and design of the MPV minivan and other vehicles. Fearing disclosure of this information to its competitors or to other potential plaintiffs, Mazda sought a non- sharing protective order that would keep the information under seal and prohibit the Chudasamas from sharing Mazda's proprietary information with anyone. They filed a motion for such a protective order on August 16, 1994. The Chudasamas objected, but indicated that they would accept a "sharing" protective order that would allow them to share the information with similarly situated plaintiffs, but not with anyone else. A protective order was issued by the court for the protection of Mazda's confidential information from disclosure to its competitors. 2. What is the practical consequences of a default judgment being entered against the defendants? The default consequences would be at...
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...• Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts. Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message. (Corporate); -Political speech by corporations is protected by the First Amendment. -In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress. • Commercial Speech -Courts give substantial protection to commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc. • Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires...
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...fact that the University’s law school considers race and ethnicity when it decides which students to admit violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution or the Civil Rights Act of 1964? COURTS: Trial Court: U.S. District Court = YES; Judgment granted to the Plaintiff Appellate Courts: Court of Appeals: 6th Circuit Court = NO; Reversed the Trail Court decision, Judgment for the Defendant. Supreme Court: USSC = NO; Affirmed the Appellate Court, Judgment for the Defendant. PREVAILING PARTY: Bollinger and the University of Michigan Win REASONING: 1. Any time racial classifications are imposed by a governmental agency, they must be analyzed using a Strict Scrutiny standard. Such classifications will only pass constitutional muster if they are narrowly...
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...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 XII. Proxies for Race 23 2. Other Rules 23 3. Types of Discrimination Based on Race 24 4. South African Constitution 24 5. Arlington Heights-“A Motivating Factor” 24 6. Arlington Heights-Footnote 21 24 7. Discriminatory Purpose Without Discriminatory...
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...whistle-blower and the individual involved in the wrongdoing are treated as suspect. Whether or not the allegations are eventually proven, both the whistle-blower and those accused of wrong doing pay a price. Corporate culture has the responsibility to provide employees with compliance policies that will assist them with programs and policies designed to encourage employees to raise safety concerns. Groups that have recently assumed or are considering assuming these forms of strategies which are commonly referred to as whistleblower policies stand to learn from establishments that have years of knowledge in initiating and refining them. A whistle-blower may innocently come forward with allegations against another, only to face severe scrutiny and charges of disloyalty. Some experts mention that more than 60 percent of whistle-blowers suffered at least one damaging result, for example being pressured to withdraw their charges, being ostracized by coworkers, and even being threatened with a lawsuit. Whistle-blowers can be fired and “blackballed” in the industry. Companies will benefit from implementing a policy called “collaboration policy” to encourage employees to come forward with and work together as a group to correct any complaints or concerns they may have regarding corporate misconducts found within the company. The term “whistleblower” raises certain negative descriptions because whistleblowers are considered to...
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...news today, would be the suspension, extended suspension, and eventual reinstatement of the once three time pro bowl running back for the Baltimore Ravens, Ray Rice. Rice was initially suspended for 2 games after video surfaced of him dragging his unconscious fiancé out of a casino elevator. They both had been drinking and after a heated dispute, it was clear an altercation had occurred. The events that occurred in the elevator were initially ambiguous and no charges were immediately filed. Ray Rice and his wife were allowed to go home and after months of arbitration, damage control and lobbying to the commissioner, rice was able to walk away with merely a two-game suspension. The media backlash was immense; the NFL had never seen more scrutiny. The public was simply outraged by the “slap on the wrist ” approach the NFL had taken on its stars. Several fans traded in their Ray Rice jerseys for refunds or other players in a nationwide program hosted by the NFL. This was an issue as serious as domestic violence and the light suspension indicated the lack of seriousness the NFL was giving it. What made the situation worse was that prior to the start of the season the NFL had suspended wide receiver Joshua Gordon for the entire season for Marijuana abuse, which is now legalized in several states and decriminalized in others. Things took a turn for the worse when the video surfaced of the altercation within the elevator, showing an inebriated and enraged Rice spitting on his then...
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...Menu Login Desktop Version Close Home About Site Preserve Your Article Content Quality Guidelines Disclaimer TOS Contact Us Username Password Remember Me Forgot your password? Forgot your username? Short essay on the influence of Media on our Society Atul Joshi Reading or just going through the headlines of the one's favorite newspaper is not only a habit but also second nature with most persons. Unlike the electronic media, especially the television that brings out news and views round the clock and yet half-succeeds to covert the viewers into its fans, the print media creates a rewarding relationship with its readers. From the individual reader to the society at large, print media performs multifaceted functions with remarkable reach and immense influence. If the television informs through the images, the newspaper enlighten through words. The print media enjoys a very special place in the collective consciousness of any civilized society. In the making of public opinion, print media has always played a robust role, and more significantly in those times when electronic media was nowhere. here in the sight. Since the media and the society are intrinsically inextricably inter linked with each other, a healthy balance between the two pillars of society is imperative, lest the one should dictate the other for very untenable reasons. If too much domination of the media, both electronic and print, is undesirable and uncalled for, it is equally...
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...Question 1: |Cash Collection (during the year) | |= (Sales revenue - Recognized revenue + Revenue deferred during the year) + Change in accounts receivables = 76,567 + 1807 = 78,374| | | |Cash Dr. 44253 | |Deferred / unearned revenue Cr. 44253 | | | |Deferred / unearned revenue Dr. 41921 | |Sales revenue Cr. 41921 | | | |Accounts receivable Dr. 1807 | |Cash Dr. 34121 | |Sales...
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...improved in their symptoms of PPD as measured against the EPDS (Fitelson et al., 2011). Another treatment route details psychological and psychosocial facilitation through interpersonal therapy (IPT), cognitive behavioral therapy (CBT), nondirective counseling, as well as, peer and partner support. According to the study analysis from each form of therapy showed a reduction in depressive symptoms of mothers suffering from PPD (Fitelson et al., 2011). Thereby making psychological and psychosocial support for mother’s suffering from PPD an essential tool to be used independently or in combination with other treatment options. Pharmacological treatments are another vital option for those suffering from PPD, yet have been under high scrutiny due to the possibility of the medication to cross into breast milk (Fitelson et al., 2011). Nevertheless, it is imperative to understand the risks as some mothers require antidepressant or antipsychotic medication dependent on the severity of their symptoms. Fortunately, as Olson and Bowen (2014) have pointed out, careful consideration of Medications and Mother’s Milk 2012: A Manual of Lactational Pharmacology, by Thomas Hale (2012) help ease the apprehension by developing a scale rating certain drugs safe for babies. Ultimately, pharmacological treatment has shown to be a significant treatment for PPD symptoms, as well as an option for preventative care revealing decrease recurrence and prolonged relapse in multigravidas who have previously...
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...not been the first time a gay bar was raided, but it was the first time where members of the community acted out in violence. This resulted in three days and nights of riots. Mainstream media got ahold of this information and the gay rights movement was born (Poindexter, 1997). This led to protest marches in Washington 1979, 1987, 1993, and 2000 (Fleischmann, 2004). By the mid-1990s more recognition had been obtained. According to Button, Rienzo, & Wald (1997), more than 120 cities and counties had created laws to protect people based on their sexual orientation. A few years later there were even openly gay officials that were elected into local offices (1999). In Atlanta, gay men and lesbians were in fear of legal action and public scrutiny. It may have taken the southern states a little longer to get there, as they are described as more conservative, but by the end of the 1990s they had progressed some, and even caught up to other regions (Fleischmann 2004). IV. Stereotypes and Myths The LGBT community is often defined by their myths and stereotypes. One myth comes about in an article written by Jenkins (2010), which indicated male homosexuality was believed to be caused by maternal stress in the womb and lack of testosterone in the womb. (Already paraphrased) There have been identified issues with clinicians whose religious beliefs do not coincide with the LGBT community (Hospital, M. 2008). It creates an ethical issue about whether they can give the best possible treatment...
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...those who seek to secularise the Church have clearly abandoned the faith, losing their faith and preferring other ideologies such as relativism and subjectivism. Instead of being disciples of prayer and faith they have become disciples of a moralistic, casuistry ideology that seeks to promote the secularist agenda of safe sex, gay rights and reproductive rights. Pope Francis’ words are a warning to all who would trap Jesus in a human ideology, and an encouragement to all who would free Jesus through prayer and faith. “When we are walking along the street and we find ourselves in front of a closed church it feels a little strange” because “a closed church is incomprehensible”. Sometimes “we are given explanations” that do not stand up to scrutiny: They “are excuses, justifications, but the reality is that the church is closed and the people passing in front can not enter.” And , what’s even worse , “the Lord who is inside cannot get out .” Today, Jesus speaks to us of this “image of closure” which is ” the image of those Christians who have the key in hand, but carry it off and do not open the door.” Worse again, “they stand at the door ” and “don’t let anyone in” , and in doing so “not even they enter”. ”Lack of Christian witness does this.” (Pope Francis, protectthepope.com/?p=8759). The "rebirth of morality" means the practice of moralizing, especially showing a tendency to make judgments about others' morality and the restoration of ethics and good morals, the same good morals...
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