...underwear only would be unconstitutional? Can any limits be placed upon what clothing one may wear? I have to admit, my first response was yes, I agree that baggy pants should be outlawed. However after careful consideration, No I don’t agree. Our kids should have the right to express themselves freely. A child’s pants sagging in my opinion should not be viewed as an obscenity (FindLaw). I believe it could be seen as disrespectful which is far different from offending my person. The first amendment allows for all people to have freedom of voice and the right to carry expressions outwardly. Some would argue that wearing no clothes is a form of free speech and in most cases law enforcement would disagree. In the case of Miller VS California, also dubbed the, “Three Prong Obscenity Test”, the courts established guidelines to test what could be consider obscene. This test has three parts: Could an average person using free ethics view the expression as indecent? Could the expression be described as vulgar and sexually explicit? Could the expression be determined worthless, without value? All parts need to be reasonably satisfied for the offense to be deemed as obscene (Cornell University Law School). In lieu of this case, I would agree that being naked publically would be offensive. However in an adequate place, a nude beach or nude camp this expression is appropriate. Do you believe that a law prohibiting people from wearing underwear only...
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...LS 305 Midterm Essay Questions Question 1: Describe at least three kinds of speech that are not protected speech under the First Amendment. Provide examples, and explain the impact of not having these types of speech protected under the First Amendment. The First Amendment protects advocacy of illegal action except when imminent action is intended and probable. Justice Oliver Wendell Holmes, Jr. gave the example of, “falsely shouting fire in a theatre causing panic” (http://www.firstamendmentcenter.org/not-many-exceptions-to-free-speech-guarantee). This is not protected because it presents a clear and present danger that causes an immediate reaction that could cause physical harm or injury to others. Defamation, both written (libel) and spoken (slander), is not protected by the First Amendment. The qualifying factors to be considered defamation the communication must be: intentional, untrue, damaging to the reputation of that person, and directed to/at someone other than the person it is regarding (http://legal-dictionary.thefreedictionary.com/Defamation). Allegations of serious criminal actions or allegations of serious sexual misconduct are examples of defamation per se. The plaintiff does not have to prove damage to his/her character when defamation per se applies (http://www.abbottlaw.com/defamation.html). The lack of First Amendment protection is to avoid having reputations destroyed by malicious spoken or written statements of others. The First Amendment does...
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...Obscenity Anything that is indecent or offensive or contrary to the good customs or religious beliefs, principles or doctrines, or tends to corrupt of deprave the human mind, or is calculated to excite impure thoughts or arouse prurient interest, or violates the proprieties of language and human behavior, regardless of the motive of the producer, printer, publisher, writer, importer, seller, distributor or exhibitor. Laws and Regulations on Obscenity Revised Penal Code Obscenity is defined as a crime against public morals. In particular, it is an offense against democracy and good customs. Book Two, Title Six, Chapter Two, Article 201 of the RPC deals with Obscenity. It has been amended in 1976 by two Marcos Presidential Decrees which have so far not been repealed. It provides: Art. 201. Immoral doctrines, obscene publication and exhibitions, and indecent shows. - The penalty of imprison mayor or a fine ranging 6,000 to 12,000 pesos, or both shall imprisonment and fine, shall be imposed upon. 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals. 2. (a) The author of obscene literature, published with their knowledge in any form; the editors publishing such literature , and the owners / operators of the establishment selling the same; (b) Those who, in the theaters, fairs, cinematographs, or any other public place, exhibit indecent or immoral plays, scenes, acts or shows whether live or film. 3. Those who shall...
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...Tron Riley Amanda Jones Constitutional Law 2016 12 April 2016 Topic 9: Reverse Discrimination The claim of reverse discrimination is full of multifaceted intricacies that ultimately reserve it as a question with no apparent say-all answer. Since the 1970s, cases of reverse discrimination have been widespread among Americans who feel that affirmative action is no longer necessary. On the one hand, Americans feel as if the affirmative action dogma is wasteful in leveling the playing field for minorities and instead creates an unfair prejudice to particularly White Americans. The reverse side of that argument is that the affirmative action notion corrects the incongruities of opportunities for underrepresented minorities who may have not otherwise had any privilege to certain employment, school admission, and/or societal benefits. Cases such as University of California v Bakke, Grutter v Bollinger, and Fisher v Texas have been cognizant of the resourceful means of the affirmative action notion and its implementation. However, cases like City of Richmond v Crosan and Adarand v Pena have been unsympathetic of the affirmative action idea and reject its practice. I tend to disagree with the verdicts delivered in both City of Richmond v Crosan and Adarand v Pena for reasons that allude to the upward mobility of historically oppressed people. In 1978, Allen Bakke applied for admission to the University of California twice and was rejected both times. The school admitted that...
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...Affirmative Action MGMT345 AIU Abstract This paper will discuss Affirmative Action and the initial intent of its legislation. It will discuss the conclusion of Bakke v. Regents and its basis. It will also discuss the positive and negative results of the AA legislation. Affirmative Action Introduction US history has shown us that not everyone has always been considered equal. Americans were allowed to own slaves and work them however they saw fit. After slavery was abolished, African-Americans were still not treated fairly. There was a “separate but equal” state of mind among Americans which kept whites and black separate in the workplace and schools. Once schools and workplaces were segregated the African-Americans were still treated unfairly. Today we see a lot less unfair treatment towards African-American’s because of the Affirmative Action policies and cases like Bakke v. Regents. What is Affirmative Action? What is Affirmative Action? Women and minorities are allowed entry into professions that were formally off limits to them because of affirmative action programs. Initiated in the 1960s this federal agenda was designed to counteract the discrimination towards women and ethnic minorities (Nittle, 2012). This program is meant to promote equal opportunity in employment, education, government sectors, and more. It is not meant to create reverse discrimination but in its modern form affirmative action can cause reverse discrimination by admissions officers...
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...to and was rejected from the regular admissions program, while minority applicants with lower grade point averages and testing scores were admitted under the speciality admissions program. Bakke filed suit, alleging that this admissions system violated the Equal Protection Clause and excluded him on the basis of race. The parties that were involved in the case were Allan Bakke, Supreme Court, Justice Powell, and also the Blacks, Chicanos, Asians, American Indians. The case had taken place by the Supreme Court of the United States which was argued on October 12, 1977, and was decided on June 28, 1978. Before the Supreme Court began when Allan Bakke applied at The Medical School of the University of California at Davis which had two admissions programs for entering the class of 100 students the regular admissions program and the special admissions program. Though he had a 468 out of 500 score in 1973, he was rejected, since no general applicants with scores less than 470 were being accepted after respondent's application, which was filed late in the year, had been processed and completed. In 1974 Bakke had applied early, and though he had a total score of 549 out 600, he was again rejected. In those two years his name was not placed on the discretionary writing list. In both years, special applicants were admitted with significantly lower scores than respondent’s. After his second rejection, Bakke filed his action...
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...legal equality gained for minorities with social and economic equality. This paper I will discuss the history, advantages and disadvantages of affirmative action in college admissions. After explaining these issues I will state and my belief on the issue of affirmative action in college admissions. In 1961, President Kennedy signed Executive Order No. 10925, putting the term “affirmative action” its first use in relation to civil rights (Cable News Network [CNN], 2003). In 1964 President Johnson signed into law the Civil Rights Act of 1964. Included in the Act is Title VI, which prohibits race discrimination in education Racial quotas for public colleges were declared unconstitutional by the Supreme Court in the case of Bakke v. California. Since then, public colleges seeking to increase diversity have used other types of...
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...Some of the arguments against affirmative action include: * It is unfair to judge applicants on anything other than their merits. – There are numerous factors that a college should take into account when considering applicants – grades, test scores, and extra-curricular activities. An applicant’s race is not a legitimate factor to take into consideration because it is outside of the student’s control. It is impossible for a college to consider every aspect of a student’s background when making decisions on whom to admit. Why focus on race when there are so many other things that differentiate students from one another? * Affirmative action does not lead to true diversity. – Diversity of opinion is important in an academic community, not racial diversity. Affirmative action provides an advantage to some people because of the color of their skin. This is not an attribute that is relevant to the academic mission of a college. Affirmative action gives preferential treatment based exclusively on race, which is a purely external characteristic. * Affirmative action does not help really disadvantaged groups. – In many cases, affirmative action does not achieve its goal of helping disadvantaged minority groups. What it does is perpetuates socioeconomic inequalities by making it easy for members of racial minorities from privileged backgrounds to get into prestigious colleges while not helping members of the lower classes. * White Men Win $11 million Lawsuit for Reverse...
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...Discrimination Legislation MGMT221-1004B-01 Nadeige Jovin American Intercontinental University 11/07/2010 Abstract In order to complete the diversity training manual; as a human resources manager, this paper will cover the definition of Affirmative Action, explain what the initial intent of Affirmative-Action legislation was. It will also talk about the landmark Bakke versus Regents case concluded, give the positive and negative results of Affirmative Action legislation, and tell if the Affirmative Action legislation is still appropriate in that situation. Discrimination Legislation Introduction Some form of affirmative action had existed in the late 1800s but the extension and enforcement of it really started in the late 1900s. Effectively, the term “affirmative action” was first employed by President Lyndon Johnson in1965 in the Executive Order 11246. The order was applied to the federal government employees to make sure they were employed, treated without regard to their race, belief, color, and nationality. That order was expanded to protect women from discrimination in 1967 by Lyndon Johnson (www.wisegeek.com, Oct, 2010). Definition of Affirmative Action Affirmative action is a set of public positive policies and practices designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin, against minorities in the search of employments, admission to colleges and universities or some government contracts...
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...Interoffice Memo BSHS 305/ Historical Development of Human Services: An Introduction interoffice memorandum to: | human services organization | from: | subject: | case ruling of tarasoff v. Regents of the univesity of california | date: | March 27, 1976 | | | As everyone knows there is a new ruling for the Tarasoff v. Regents of the University of California. The ruling two years ago caused a debate on the ruling of professionals getting charged and those that weren’t, so changes have now taken affect. As professionals in the human service field it is important for us to know that now if a client expresses they have a plan to kill someone, it is our obligation to break confidentiality and inform the potential victim and or the police of the thoughts of your client. This may be a tough thing for some of us to do because of the ethical responsibilities we have with our clients but now this is a part of our legal responsibilities to protect the welfare of the society by having the duty to protect individuals who are bing threatened with bodily harm by a client naming it “duty to warn and duty to protect” (in the previous ruling it was only known as “duty to warn”. This is also known as a “Tarasoff warning” in place, meaning where a mental health professional is required to warn of a credible danger to a reasonably identifiable victim. Duty to protect includes clients that may be suicidal. Human services code of ethics entitles us as professionals to let the client...
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...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 John F. Kennedy wrote in regards to the hiring practices of employers. It stated “...will not discriminate against any employee or applicant for employment because of race, creed...
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...Dissenting Tarasoff In the tragic case of Tarasoff versus the Regents of the University of California the majority ruled towards making the psychiatrist liable for not detaining the patient Poddar who had expressed intentions to harm Tatiana Tarasoff during counseling. The majority ruling makes the therapist liable for the death of Tarasoff for he knew that her life was in danger, thus creating a new “duty to warn” for all therapists. The dissenting argument expresses that due to the duty to warn clause violence will increase, because patients will no longer feel comfortable seeking treatment and revealing their issues to the therapist. In order to analyze the dissenting opinion the following questions must be answered: are therapists able and equipped to determine whether a patient is dangerous? Are therapists potentially sacrificing effective treatment by violating confidentiality under duty to warn? Are therapists better off without the duty to warn clause? During the next paragraphs the duty to warn clause will be shown to be a burden not only on both patients and therapists, but on society as a whole. In examining the case of Tarasoff, Judge Mosk presses that psychiatric predictions of violence are inherently unreliable. Psychiatrists already experience a lot of difficulty accurately diagnosing mental illness, and with this uncertainty the difficulty of determining whether a patient is a danger to society becomes even harder. The majority opinion assigned a responsibility...
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...Case Study Analysis XXXXXXXXXXXXXXXX HRM/552 Organizational Training and Development MBAX1CGU82 Sherri Johnson Workshop 2 May 26, 2014 Case Study Analysis The purpose of this paper is to review and select the case studies in Ch. 2 of Human Resource Management. The author will explain and summarize University of California Regents vs. Bakke case summary, the court’s ruling, how the court’s ruling may possibly impact the organization and for businesses in general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions...
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...inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the decision of Tarasoff v. the board of Regents of the University of California, followed by how it relates to the therapist-client relationship in regards to confidentiality; then finally explaining the process of informed consent and refusal. Tarasoff v. Board of Regents of the University of California Decision According to University of Phoenix Confidentiality after Tarasoff (1994), the Tarasoff v. board of regents of the University of California case was heard before the California Supreme court, when Tatiana Tarasoff, a student at The University of California was killed by a fellow student. Her parents sued the University of California, the Police and the Therapist (University of Phoenix, 1994). The parents claim was that neither the School, Police or the Therapist warned them of the intentions of this fellow school mate to kill their daughter, Tatiana Tarasoff, as the fellow student had confided in the clinical psychologist to whom he was assigned to after seeking treatment at the school’s health facility, that he wanted to kill Tatiana Tarasoff (University of Phoenix...
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...University of Phoenix Material Questionnaire Complete the questionnaire form by creating 10 questions you think will determine the competencies of caseworkers applying for a position with your family counseling practice. Address the following in your questions: The caseworker’s method for handling ethical issues. The caseworker’s plan for staying current in his or her area of expertise and for receiving continuing education. The caseworker’s procedure for maintaining accurate and complete client records. Write the final question so it involves a scenario that requires the caseworker to determine whether to abide by the duty to warn or the duty to protect. Complete the questionnaire as if you were one of the caseworkers applying for the position. |Question |Your answer | |How would you handle a client that you know is not telling the truth |I would explain to that client that if they are not accurately sharing| |in your sessions? |their story I would be unable to help them. | |If a client wanted you to go have coffee after a session to continue |As a professional I would have to explain that we would have to | |talking would you go? |continue our conversation our next session. Since I know as a ...
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