...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based 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...
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...| APPEALS PROCESS | Describing the appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court...
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...Team Debate Paper Stacie Hearne, Manita Johnson, Jessica Lightfoot, and Roy Tucker BCOM/275 October 4, 2012 Kwanis Nelson Debate Team Paper “We hold these truths to be self evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights that among these are Life, Liberty, and the pursuit of happiness.” Gay marriage has become one of the hottest issues in politics. Supporters of gay marriage have compared their struggle for equality to an era when African- Americans were denied their right to vote, some have even argued that to be denied of your right to marry is also a direct violation of your civil rights. Non supporters of gay marriage beliefs are based more from a religious stand point as well personal values. With homosexuality being seen by a vast majority as being immoral and sinful, the biggest argument to date is that many people feel by allowing gay marriage to take place that this will weaken the institution of marriage and family values. On September 21, 1996 both houses of Congress passed the Defense of Marriage Act or DOMA a federal law which defines marriage as a legal union between one man and one woman. This law, signed by then President Bill Clinton denies the rights of same-sex couples to marry. Not only does this law prevent same-sex couples to marry, it also denies these men and women certain monetary benefits such as public employee benefits, social security survivors...
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...Effects of USA PATRIOT Act on Banking Privacy Introduction On September 11, 2001, the United States was attacked by the terrorists and the attack has completely changed the way we live and work. Its impact is so immense that it covers almost every aspect of our life including the privacy protection policy in the banking industry. After the September 11 terrorist attack, the U.S. Congress passed a law, the USA PATRIOT Act that makes it easier for government law enforcement and intelligence agencies to gather and share information related to terror-related investigations and it has changed how the banking industry or financial institutions handle the privacy of their customers’ personal information. The purpose of this research paper is to explore the effects of the USA PATRIOT Act on banking industry’s handling customers’ private personal information. Some Background Information and History of Banking Privacy The USA PATRIOT Act is not an official title of the law. It is the acronym of the very long title of the Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. It was signed into law by President George W. Bush on October 26, 2001. But, before 2001, do we have any law that provides guidelines for the privacy of banking industry in the United States of America? Surely, there are several laws that are related to the financial institutions and the privacy protection policy...
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...The Hunger Games: Action-film feminism is catching fire Lisa Schwarzbaum Burning up Jennifer Lawrence’s Katniss Everdeen is both strong and vulnerable – a new kind of action heroine who has powered The Hunger Games: Catching fire to a $158m US debut. (Lionsgate) Jennifer Lawrence’s Katniss Everdeen is a new type of female action film icon, and moviegoers should be very excited about that, writes Lisa Schwarzbaum. As Catching Fire ignites on movie screens around the world, this is what we know about the 21st Century heroine called Katniss Everdeen: she is strong but also soft. She is brave but she has doubts. She is a phenomenal fictional creation, yet is real enough that moviegoers can draw inspiration from her values, her resourcefulness, and her very human inner conflicts. And she is played by Jennifer Lawrence, who appears not only to be handling her current duties as Hollywood’s finest model of well-adjusted millennial female stardom but doing so with charm. Everdeen and Lawrence: golden girls both. Personified in Lawrence’s lithe movements and cool, focused gaze, Katniss is a brave, resourceful and independent-minded fighter; but she is also a troubled and vulnerably guilt-ridden human being. Nina Jacobson, the producer of the Hunger Games film franchise, puts it this way: “She is a singular heroine in that the burden of survival weighs on her. She has a ton of survivor’s guilt. And she keeps surviving.” Girl on fire It is strange that behaving like a well-adjusted...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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... | |Sex and Gender are Different: | |Sexual Identity and Gender Identity | |are Different | | | |Abstract: | |This paper attempts to enhance understanding and communication about different sexual issues. It starts by offering definitions to| |common terms like sex, gender, gender identity, and sexual identity. Alternate ways to discuss one's sexual attractions are also | |presented. Terms are defined or redefined and examples given of their preferred use in different clinical situations including | |those associated with children. Adherence to the usage advocated here is proposed as helpful in theory formulation and discussion...
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...Stepping Up to the Podium with Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument James D. Dimitri1 Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students’ first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to,2 oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation.3 Unfortunately, the prospect of learning this critical skill through an oral argument assignment can be disquieting to students. The main reason for this unease is simple: most law students have little to no oral advocacy experience. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how you, as a beginner to appellate oral argument, may effectively prepare and deliver an argument, particularly if you are Clinical Associate Professor of Law, Indiana University School of Law – Indianapolis; J.D., Summa cum laude, 1993, Valparaiso University School...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...COURSE STUDENT GUIDE TO CULTURAL AWARENESS INDEX LESSON TITLE PAGE 1 Philosophical Aspects of Culture SG- 3 C1 Native American Experience SG- 4 C2 White American Experience SG- 23 C3 Arab American Experience SG- 43 C4 Hispanic American Experience SG- 53 C5 Black American Experience SG- 76 C6 Asian American Experience SG-109 C7 Jewish American Experience SG-126 C8 Women in the Military SG-150 C9 Extremist Organizations/Gangs SG-167 STUDENTS ARE RESPONSIBLE FOR BEING FAMILIARIZED WITH ALL CLASS MATERIAL PRIOR TO CLASS. INFORMATION PAPER ON THE PHILOSOPHICAL ASPECTS OF CULTURAL DIFFERENCE Developed by Edwin J. Nichols, Ph.D. |Ethnic Groups/ |Axiology |Epistemology |Logic |Process | |World Views | | | | | |European |Member-Object |Cognitive |Dichotomous |Technology | |Euro-American |The highest value lies in the object |One knows through counting |Either/Or |All sets are repeatable and| | ...
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...___________________________ LIVING HISTORY Hillary Rodham Clinton Simon & Schuster New York • London • Toronto • Sydney • Singapore To my parents, my husband, my daughter and all the good souls around the world whose inspiration, prayers, support and love blessed my heart and sustained me in the years of living history. AUTHOR’S NOTE In 1959, I wrote my autobiography for an assignment in sixth grade. In twenty-nine pages, most half-filled with earnest scrawl, I described my parents, brothers, pets, house, hobbies, school, sports and plans for the future. Forty-two years later, I began writing another memoir, this one about the eight years I spent in the White House living history with Bill Clinton. I quickly realized that I couldn’t explain my life as First Lady without going back to the beginning―how I became the woman I was that first day I walked into the White House on January 20, 1993, to take on a new role and experiences that would test and transform me in unexpected ways. By the time I crossed the threshold of the White House, I had been shaped by my family upbringing, education, religious faith and all that I had learned before―as the daughter of a staunch conservative father and a more liberal mother, a student activist, an advocate for children, a lawyer, Bill’s wife and Chelsea’s mom. For each chapter, there were more ideas I wanted to discuss than space allowed; more people to include than could be named; more places visited than could be described...
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