...TOPIC #1 EXAM 3 Grace Abushalback Introduction to Law November 14, 2017 The Supreme Court can choose how politically active they are. Their decisions influence and impact public policy as well as the current laws in place. They can either choose to interpret a case and use judicial activism or judicial restraint. Judicial activism is the Court’s inclination to enact change in society. It is done in order to adjust to the needs of society in a way which the Justices deem acceptable. On the contrary, there is judicial restraint which is in direct opposition to judicial activism. It allows for the Justices to curtail their powers and they, in turn, avoid making significant changes in public policy. There are three notable processes...
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...Gay Marriage Essay Our country was founded on the idea of federalism, which is a term used to describe a system of government divided between a central authority and regional governments (state governments). These two levels of government were originally intended to establish a strong national government, but yet also to allow the people under that government to participate in it. While on this topic, the question arises of which level it should’ve been legalized on, if it was. From my standpoint I would say the states legislatures should’ve had to legalize it. Instead of giving my reasoning for that I’ll first give examples for what would happen if you did it through the other forms of government. If gay marriage was legalized by Congress, it would’ve had to been amended to the bill of rights, which needs a 2/3 vote in house and senate. Even that most people would be okay with because at least the people they voted in will get to represent them. Next, if the state legislatures would’ve lad to legalized individually by state, that would be more fair for both gays and heterosexuals, because the majority of people in that state would determine if it was legalized or not. Lastly, if the courts were to legalize it, which the Supreme Court did through their ruling in the Obergefell vs. Hodges case, it would’ve caused a lot of debate. The reason this is a last resort option I feel of legalizing gay marriage is because first of all it has no involvement of the people into the nationwide...
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...Personal Views on Justice and Ethics What influences the decisions we make? What foundation do we set to govern our choices? These questions surface when looking at the impact personal views have on the decisions made in our society. Many people find that their personal views are formed at an early age and shaped by environment. Views of justice and injustice are individualized across the human population, however there is usually a common, shared idea of justice at a community setting. For example, cultural groups may share a common view towards criminal punishment. It is through these shared ideas that our personal views start to develop with a base. It then becomes a personal journey to expand on this base and to form individualized and critical views on what is believed to be justice, injustice, right, or wrong. My views have been shaped mainly on environmental aspects, which include: family, upbringing, social class, religious affiliation, education, social norms of my generation, and taking bits and pieces of other views from those who I respect. As with many others, my personal views of justice started to develop at an early age with my family and environment. Family plays such a vital role in forming an individual in numerous aspects, especially from a psychological point of view. In fact, psychologist Erik Erikson formulated his psychosocial theory and stages on the conflicts a person experiences in his or her environment and its influences on human development. Keeping...
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...next administration. The candidates have openly pledged to appoint vastly different types of nominees. Hillary Clinton has promised to appoint activist judges. She wants to appoint men and women to the bench who will uphold women’s rights such as those prescribed in Roe versus Wade, uphold gay marriage rights as established in Obergefell versus Hodges, and wants all of her nominees to view the Constitution as a “living, breathing document.” Donald Trump holds views quite opposite of Secretary Clinton. Mr.Trump wants to appoint justices who will view the Constitution as the founding fathers saw it. He has released a list of twenty potential nominees, and all are extremely conservative. Trump wants his justices to overturn Roe versus Wade and make abortion illegal(CNBC), and he has promised to push for a gay marriage ban that would overturn the decision in Obergefell versus Hodges. Trump says that the Supreme Court needs to be molded with more men like Justice Antonin Scalia, who was among the most strict constitutionalists of all time. While both nominees are pushing for experienced and qualified attorneys and justices to be considered for the high court, the beliefs of those potential justices vary...
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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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...Democrats reversed economic stagnation of previous years. (Aug 2000) Democrats must continue to lead Americans to prosperity. (Aug 2000) G.O.P. creates debt, Dems create surpluses. (Aug 2000) Democrats will eliminate publicly held debt by 2012. (Aug 2000) Policy should encourage home ownership & affordable housing. (Aug 2000) Democratic Party on Civil Rights Enable disability access; plus 100,000 federal jobs. (Sep 2012) Equal treatment under law for same-sex couples. (Sep 2012) Racial and religious profiling is wrong. (Jul 2004) Keep marriage at state level; no federal gay marriage ban. (Jul 2004) Strengthen some parts of Patriot Act and change other parts. (Jul 2004) Support affirmative action to redress discrimination. (Jul 2004) Police should have zero tolerance of racial profiling. (Aug 2000) Pass hate crime legislation including gays. (Aug 2000) Democrats lead fight for ERA and equal employment. (Aug 2000) Democratic Party on Corporations Auto manufacturers have paid back loans & drive the recovery. (Sep 2012) Transparency in corporate accounting. (Jul 2004) End corporate welfare as we know. (Jul 2004) Tax credits and investment support for small business. (Jul 2004)...
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...Third Gender – Equality and Truth http://caissg.org/third-gender-equality-truth/ It is a brave and honest person who can stand apart from the masses and openly challenge its most treasured beliefs. ~ Donna Evans As humans, we understand a little about our complex bodies even with the greatest medical science. It is what it is. Then why lie? Secrecy and stigma are worse than the condition itself. Without truth and transparency, it is difficult to pass laws, provide equal rights, offer support and help for all. We need to have an environment which encourages truth, tolerance, and respect for all. Are there only two genders or is there a third gender?Regardless of which side of the issue you are on, we can all agree thattruth is always the right option and secrecy and lying have no place for a long-term solution in a civilized society. There are several issues withsecrecy and lying. First it is wrong. Second it does not take into account the feelings and trauma of the person being lied to. Third it could lead to criminal acts such as if lying is a crime under oath. What are the bioethics for disclosure to spouses? It is NOT about gender identity or it is NOT about the sexual identity, it is about the HUMAN identity which is to say the truth. As a human being, everyone deserves a feeling of “belonging”, understanding and acceptance. Without recognition of the truth, how will an intersex person marry legally or how can an intersex couple (who are infertile) adopt a child legally...
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...News! 1. 6/6/2013 Doug Gross. * Barack Obama believes that there should be internet access in all schools. He wants to provide funds to around 99% of public schools for them to be able to have internet, even in libraries. He says that he wants all American students to be connected online in five years. Usually, adults don’t go for this type of thing they want children to not be so ‘connected’ to the internet. They want kids to not spend so much time on computers, but he almost wants just that to happen. People are becoming way too dependent on computers and the internet, which even libraries are eventually only going to be used just for that. Although Obama is more so moderate, this idea is clearly making him to be a liberal. He wants the change and wants to continue to further the change on technology. 2. 6/8/2013 Maureen Dowd * In this article, she quotes the book 1984. She is talking about how Bush felt about 9/11 and some of the after effects. It turns out that, for seven years the N.S.A was taking information from our phone calls. This all started while Bush was president through a program called prism. Prism would let the F.B.I. and N.S.A. into many social media websites and was able to access all of our information. These people were trying to spot out terrorists, and will go to any means necessary. According to Obama, they necessarily can’t hear the conversations; they are just able to learn about who we call. They also are saying that they don’t...
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...+ Statistics + Services + Reform RESEARCH TOPICS: Law + Statistics + Services + Reform 08 Fall 08 Fall RESEARCH – EMILY RUSSELL 1. DEFINITION OF MARRIAGE - MARRIAGE ACT 1961 (Cth) (s 5); Hyde v Hyde; s 43(a) FLA) * 4 ELEMENTS: Marriage means the union of a man and a woman to the exclusion of all others voluntarily entered into for life * Men and women… without any limitation due to race, nationality or religion have a right to marry and found a family…entitled to equal rights…(Article 16; UDoHR) 2. RESTRICTIONS AS TO MARRIAGE * S 88E – Cannot marry overseas (same sex) and return and legally register marriage (Marriage Act) 3. ELEMENTS OF MARRIAGE * Dwelling under the same roof, sex, mutual society and protection, recognition of marriage in public and private relationships (Todd and Todd) 1. ONE and ONE woman – monogamous mature (serial polygamy is permitted – remarriage after a former marriage has been dissolved) i. S 6 FLA – Polygamous relationships entered outside of Australia, shall be deemed to be a marriage when changing domicile to Australia 2. HETEROSEXUAL (Corbett v Corbett) 3. FOR LIFE 4. VOLUNTARILY ENTERED INTO 4. LEGAL IMPLICATIONS OF MARRIAGE * Entitled to certain rights and owe legal responsibilities a) DETERMINE “TRUE SEX” i) CORBETT AND CORBETT a. Chromosomal: XY Male b. Gonadal:...
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...Constitutional Law II Tebbe Spring 08 4 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...
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...April 2013 Current Affairs Study Material INTERNATIONAL China, Russia, Pakistan discuss Afghanistan situation Officials from China, Russia and Pakistan on 3 April 2013 held talks on the issue of coordination between their positions on Afghanistan.The officials from three nations backed the Shanghai Cooperation Organisation (SCO) that is grouping to play a great role in Afghanistan after the withdrawal of NATO Forces in 2014. These talks were held to enhance coordination. The talks followed a similar meeting India, China and Russia held in Moscow recently, reflecting the delicate balancing act — and increasingly complicated regional dynamics — as different countries look to push their interests in the lead up to 2014. Malaysia PM Dissolves Parliament On 3 April Malaysian Prime Minister Najib Razak has dissolved the Parliament ahead of a general election.This dissolution will pave the way for the 13th general election.The elections have to be held before June 2.The Barisan Nasional coalition that has ruled Malaysia since independence in 1957 is expected to face a stiff challenge in the polls from the opposition three-party Pakatan Rakyat (People’s Pact). Tammam Salam named as Lebanon new Prime Minister On 6 April well-known Sunni lawmaker Tammam Salam has been named Lebanon’s new prime minister , after receiving overwhelming parliamentary support.His appointment comes after previous prime minister Najib Mikati resigned and effectively brought down his Hezbollah-dominated...
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...Introduction to Civic Leadership, Part I Unit A The discipline of leadership studies – about 120 years old, just 15-20 years ago that universities began to study leadership as a discipline. o 4 areas of course/types of leadership courses: Theory – what is it? LDRS 300 etc skills/behaviors – most common type, focus on teaching people how to do leadership issues – focus on leadership as it relates to a particular issue, such as Leadership & ethics, or gender issues & leadership. Context – study leadership within a particular context – Leadership & business, or politics (this course is a context course) What is leadership? An influence relationship between leaders & followers. Multidirectional. 3 elements - This influence is based on persuasion, not authority. Why do followers hold the power? Because they have the decision making power. They decide who they’re going to follow, when, and why. To be successful in the leadership role, have to be persuasive and convince people to listen to me. Has to be a non-coercive relationship. 2) Why do we do leadership? To change from what is to what ought to be. 3) The change is for collective good and mutual purposes. Doing it for “our group”, the collective good of that group. What is civic leadership? Taking what we know about leadership and moving it to a social/civic environment, a context course. Studying in the community environment, without the constraints of an organization. What’s different about Civic Leadership? Point...
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...Legal Studies Research Paper Series Research Paper No. 07 - 25 E-marriage: Breaking the Marriage Monopoly Adam Candeub Mae Kuykendall This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at: http://ssrn.com/abstract=1491704 Candeub-Kuykendall: Draft. Do Not Cite or Quote Without Permission E-MARRIAGE: BREAKING THE MARRIAGE MONOPOLY Adam Candeub and Mae Kuykendall ∗ ABSTRACT: This Article advocates updating the law governing marriage formation to recognize the shift in social interactions from real to virtual life. We argue that couples can use internet communications not only to marry when separated by great distance but also to choose which state’s laws will authorize their marriage. In particular, same sex couples could marry under the laws of a state that permit such unions, regardless of where they exchange vows. States inadvertently have created geographic monopolies, requiring each marriage receiving the benefits of their licensing laws to be performed within their borders. This Article’s model builds upon established precedents, such as proxy marriage and choice of law for multijurisdictional and internet contracts. Using the power of internet communications, our proposal allows states to compete over marriage’s procedures and substance. Depending on a couple’s preferences for “e-ritual” and a state’s desired level of regulatory control, couples could consume the trappings of a traditional ceremony...
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...Scapegoats c. Presence of Hate in American Culture d. Need for Status and Power 2. Reasons for Crime a. Sending a Message b. Thrill Seeking c. Defensive B. Effects 1. Psychological Trauma 2. Undo Social Progress 3. Community Unrest 4. Threat of Retaliation VII. Descriptive Analysis……………………………………………….........Page 30 A. Description of Victims 1. Bias against a Particular Race 2. Bias against a Particular Religion 3. Bias against a Particular Sexual Orientation 4. Bias against a Particular Ethnicity/National Origin 5. Bias against a Disability B. Description of Offenses and Offenders This must be your new section? VIII. Comparative Analysis…………………………………………………. Page 36 A. United States Justice Department Definition of Hate Crime B. International Justice Systems Definition of Hate Crime IX. Expectations for the Future……………………………………………. .Page 38 X. Recommendations of Social Policy……………………………………. Page 38 XI. Summary and Conclusion…………………………………………… Page 403 Appendix H1: HIC Protocol Form………………………… Page 42 Appendix H2: HIC Informed Consent Form…………….........Page 45 Appendix S: Survey…………………………………………Page 47 XII....
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...RESEARCH and WRITING CUSTOM EDITION Taken from: Writing Research Papers: A Complete Guide, Eleventh Edition by James D. Lester and James D. Lester, Jr. To the Point: Reading and Writing Short Arguments by Gilbert H. Muller and Harvey S. Wiener ISBN 0-558-55519-5 Research and Writing, Custom Edition. Published by Pearson Custom Publishing. Copyright © 2006 by Pearson Custom Publishing. Taken from: Writing Research Papers: A Complete Guide, Eleventh Edition by James D. Lester and James D. Lester, Jr. Copyright © 2005 by Pearson Education, Inc. Published by Pearson Longman, Inc. New York, New York 10036 To the Point: Reading and Writing Short Arguments by Gilbert H. Muller and Harvey S. Wiener Copyright © 2005 by Pearson Education, Inc. Published by Pearson Longman, Inc. Copyright © 2006 by Pearson Custom Publishing All rights reserved. Permission in writing must be obtained from the publisher before any part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system. All trademarks, service marks, registered trademarks, and registered service marks are the property of their respective owners and are used herein for identification purposes only. Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 ISBN 0-536-97722-4 2005240359 AP Please visit our web site at www.pearsoncustom.com ISBN 0-558-55519-5 PEARSON CUSTOM PUBLISHING ...
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