...has caused many deaths and several heated arguments between the two separate parties of opinion. The arguments between pro-life and pro-choice supporters have been long and can be very violent. This argument will continue to go on for years, but based on your opinion there are legitimate arguments for both sides. It all depends on personal opinion whether or not each side can say with certainty that the other one is wrong. The two sides to abortion are pro-life and pro-choice, and this is an issue that politicians face in every election, and it plays a big role in how many citizens decide on who they are going to vote for in the election. The many court cases that involved abortion have influenced United States history in a big way. These court cases include: Stenberg v. Carhart, Roe v. Wade, and Planned Parenthood v. Casey. Abortion in the United States has been banned and legalized throughout the history of this country, and the interest groups involving this topic have had many heated arguments throughout the years, and continue to have them today. Abortion is the voluntary termination of a pregnancy, resulting in the death of the fetus or embryo (Gill). Abortion is a topic that has been around for a long time, and is something that has been debated in just about every society. Abortion has been a part of the United States history since the U.S. was founded. Abortion was legal in the early history of the United States, but did not last for long. In the 1820s...
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...HIS 301 Week 4 Quiz www.StudentWhiz.com 1. Based on Planned Parenthood of Pennsylvania v. Casey, which of the following governmental conditions imposes an undue burden on a woman’s right to choose an abortion? • spousal consent • informed consent • parental consent for underage persons with a judicial bypass procedure • waiting period of 24 hours between consent and the procedure Click here to download HIS 301 Week 4 Quiz 2. If a broadcast journalist reports false information about a non-public figure, thereby resulting in damages to a victim, what would this illustrate? • libel • slander • reporter’s privilege • shield law 3. Between 1963 and 1990, which standard of review was used by the Court to evaluate free exercise claims? • neutrality test • Lemon test • rational basis test • strict scrutiny Want to check out the complete Assignment..?? Visit HIS 301 Week 3 Quiz 4. Which case (majority opinion) adopted the “bad tendency” test as a means for resolving disputes involving the freedom of speech? • Virginia v. Hicks • Schenck v. United States • Brandenburg v. Ohio • Gitlow v. New York 5. If a professor at a public school imposes a policy barring students from wearing all types of hats in the classroom, this would most appropriately be labeled as a _________? • ban on protected speech • neutral law that may impact students’ expression • content-based limitation on political speech • regulation of protected speech Want...
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...SMITH, APPELLANT, v. The STATE OF WASHINGTON and Bob Ferguson, Attorney General of Washington, APPELLEES Unites States Supreme Court. I. Introduction The issue presented in the appeal is whether the State of Washington’s murder statute can proscribe a cryogenic company from cryogenically freezing a living human being who is terminally ill when he requests to be cryogenically frozen in order to save his life. Specifically, the appellant asserts that the Fourteenth Amendment’s Due Process Clause guarantees the right to privacy and acting under no undue influence the right to be voluntarily cryogenically frozen by a cryogenic company one month before his death. Appellant accordingly challenges the constitutionality of RCW 9A.32.030, which makes it a felony to plan, intend and cause the death of another person. We conclude that a terminally ill adult has the right to be voluntarily cryogenically frozen because a cryogenic...
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...Planned Parenthood& The Defunding Movement Introduction Planned Parenthood is a national nonprofit organization of the United States. It is a fundamental provider of reproductive health care. Planned Parenthood has 61 affiliates throughout the country, with an estimated 700 health clinics in almost all states. It is not only a health care provider, but also an educator and advocate for women’s health. Planned Parenthood assists women in making conscious and well-informed choices about health, sex, and family planning. Every year over three million women, men, and teens visit Planned Parenthood associated medical centers to receive health care such as routine gynecological exams, breast and cervical cancer screenings, contraceptive services, abortion care, sexually transmitted infection/disease testing and treatment. According to Planned Parenthood, one out of five female Americans pays a visit to a Planned Parenthoodcenter throughout the course of her life (Planned Parenthood, 2014). Because Planned Parenthood is a nonprofit organization, it relies heavily on government funding to support its broad mission and programs. At the end of the 2014 fiscal year, it was revealed that Planned Parenthood health centers were recipients of $528.4 million in government funds. These funds were the largest source of income for the organization followed by private donors, charitable foundations, and non-government sources. With this being said, federal funding is absolutely essential to...
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...Justice Blackmun, in the majority opinion, discusses the Court’s trimester analysis that was important to the decision. The rationale is that in the first trimester women are free to choose to have an abortion, but in the second trimester, the fetus becomes more viable and the state’s compelling interest increases. The third trimester has the strongest compelling state interest because of the potential for human life. In each trimester, the state must have the woman’s health in best interest and as the fetus becomes more viable, the state can become more concerned with the fetus, as well. Blackmun explicitly states that due to medical advances, the Texas law was no longer valid because the state’s interest was originally to “protect the woman’s health” rather than risking the woman’s life over and unsafe...
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...Neal Greenwood 15FL-EN111-06 College Writing and Critical Analysis Ever since the legislation was passed on Roe v. Wade that allowed women to have abortions there has been a great debate on the topic of abortion from the problems of having an abortion to the likely benefits of abortion. Legal induced abortion was defined as a procedure, performed by a licensed physician or someone acting under the supervision of a licensed physician, which was intended to terminate a suspected or known intrauterine pregnancy and to produce a nonviable fetus at any gestational age. Over the past years there seems to have been substantial changes in the demographic composition of women who have abortions. Theorists have often tried to determine the number of factors that may have influenced the change demographics, including shifting perspectives on teen pregnancy, religious shifts and changes in the community views regarding abortions. This paper will outline the reasons why abortion should remain legal. (Dr.Howard, 207) . Laws against abortion kill women, to prohibit abortions does not stop them. When women feel it is absolutely necessary, they will choose to have abortions, even in secret, without medical care, in dangerous circumstances. In the two decades before abortion was legal in the U.S., it's been estimated that nearly a million women per year sought out illegal abortions. Thousands died. Tens of thousands were mutilated. All were forced to behave as if they were criminals...
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...life of the mother and baby. The reasons for abortions are what the government considers the most important for an abortion to be considered legal. Although limited reasons, other reasons were found for wanting an abortion such as not wanting a child or the inability to afford a child could possibly be a legitimate reasons. In fact, during that time the case of Roe v. Wade was being heard in court, nearly 55 million abortions were performed in the United States legally – which averages of about 1.5 million per year (Pazol, Creanga, Burley, & Jamieson, 2014). Thanks to Roe v. Wade abortion became partly legal because it was considered unconstitutional to women and violated their human rights (ProCon, 2015). It is clear that the government believes in their interests of protecting life versus the personal rights of women around the world. Women of all ages have the right to make critical decisions about their own bodies and when the government steps in and forbid women of their rights, it causes potential problems for everyone involved. Abortion still remains a hot topic 40 years after the decision was made on Roe v. Wade; but the government enforced restrictions on abortion proceedings (Center for Reproductive Rights, 2009). Some states even require transfer agreements between abortion clinics and hospitals during emergency...
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...Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case New Mexico State University Jennifer Walker Abstract The Roe versus Wade Supreme Court Case has had a huge impact on abortion laws in the United States. Before 1973, abortions were illegal and criminal, with few exceptions. Overnight, the decision in the case legalized first trimester abortions while leaving the specifications of the other trimesters up to the states. This case has led to many debates over the value of life and when life begins whether at conception, independence from mother, or first breath. All of these can be defined by religion, law, or individual beliefs. Unfortunately, none of the policies before or after Roe versus Wade have addressed the issue of unintended pregnancies, which is the underlying cause of abortion. Until this is addressed, policies will continue to be created, implemented, and challenged. Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case Introduction In 1973, a case was selected to be heard by the Supreme Court that would substantially impact women’s rights then and continue to impact them today. The case was over Texas policy article 1911 that stated, “If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent… and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years…” (Law Library, 2014)...
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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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...When will we see Change? A Critical look at Barack Obama and the democratic party. Charles Kerber POLS 202 9AM American Government Livingston This paper will take a critical look at the history of the democratic party, its most recent 2012 election, its current presidential candidate Barack Obama, and the latest platform. While the paper may read as being highly critical of President Obama, it should be caveated by the fact that this is an extremely trying time in the history of the United States, and the government is under considerable pressures from outside terrorism threats and international relations, to severe recession and domestic economic concerns. Nevertheless, one must look critically at President Obama, and answer has he really given us “change we can believe in”? Biography & history The Democratic party went through a number of iterations before it became the current democratic party. The party began as the anti federalists under the leadership of Thomas Jefferson and James Madison. Thomas Jefferson a former secretary of state under George Washington's administration who had resigned to protest the fiscal policies of Alexander Hamilton. These two rivals would become the basis of the first two political parties of the United States. Alexander Hamilton favored the constitution, the creation of a national bank and repayment of the revolutionary war debt with federal funds. Under this philosophy they would name themselves Federalists, for their leaders support of ratifying the constitution...
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...Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with the structural response hypothesis. Even if the individuals disagree...
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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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...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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...Sexism in Organizations Joyce N. Vitalo Organizational Theory Dr. Lee Mahon December 17, 2011 Abstract In today’s workplace there is an emphasis on equality through trainings and programs that are intended to avoid sexism. The historical influence on the business world has shown for the last one hundred years a division of organizational leaders by gender. These divisions have been a part of organizational structure and slow to change. Historical Perspective of Sexism Women in the United States have been on a slow journey towards equality that has had many twists and turns over the last one hundred years. There have been many women who have helped to pull other women to the same level as men. The women of today are still pushing towards the same level of respect, responsibility and reward that men receive and have been receiving. Chapter one of History of Woman Suffrage Vol. I, opens with “As civilization advances there is a continual change in the standard of human rights. In barbarous ages the right of the strongest was the only one recognized; but as mankind progressed in the arts and sciences intellect began to triumph over brute force. Change is a law of life, and the development of society a natural growth…. In all periods of human development, thinking has been punished as a crime, which is reason sufficient to account for the general passive resignation of the masses to their conditions and environments.” (Cady Stanton, Anthony, Gage and...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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