...Court cases The first court case being discussed is Bethel School District v. Fraser in 1986. What happened includes Matthew Fraser using obscene sexual references in a speech in front of 600 students at a school assembly and being punished. The question in the case was whether the First Amendment protected students from being punished at school for using lewd speech. The court said no the First Amendment does not protect a student from being punished ("Bethel School District No. 403 v. Fraser." Oyez, 5 Apr. 2018, www.oyez.org/cases/1985/84-1667). Ultimately I agree with this court decision on the basis that the school has the right to enforce their rules to maintain order in the learning environment. The second court case being discussed...
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...be made to students in need of them, in question some schools may have made accommodations previously for a student and is better adapted to take in students. However, in this case review regarding Debbie Young a high school principal with experience in special education rejects a parents request to have a their child attend the school under the pretense it wouldn’t be the most “appropriate placement.” In this case we will be reviewing if Debbie’s decision is defensible and if so why or why not. Furthermore strengthening her defense with an additional court case named Beth B v. Clay(2002). However, against her defense, citing least restrictive environments and court cases to argue the contrary. Firstly, in Debbies defense we will review one of the first possible reasons in her decision. This being that the school is possibly not adequately equipped to handle a student. That meaning that another school may be better equipped to handle the student. In McLaughlin v. Holt Public Schools(2003), it judged that a student could be served outside the area of the school offered a program that the student would need. If this is to...
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...Case Study Amanda Lisic HRM 552 June 22, 2015 Teresa Mitchell Case Study In the United States affirmative action came about in the 1960’s due to the civil rights movement trying to give equal opportunities to minority groups and women. Affirmative action has been a debate since it began, on one side it gives minorities and women more opportunities in life however the policy is considered to be outdated. In the case of “State of Texas v. Hopwood” the affirmative action policy needed to be updated and corrected. Case Summary In the case of “State of Texas v. Hopwood” the Districts Court of Appeals, 5th Circuit made a decision concerning the affirmative action program at the School of Law of the University of Texas. This law initially enacted in response to a history of the school discriminating against African Americans and Mexican Americans in the enrollment process. Court Ruling The court ruled that there was no need for the school to continue with this practice even to correct the perceived racial imbalance in the school. For admissions the school would not be able to include race in the processes going forward. What the decision means The court decision meant that the school would have to choose incoming students into the school based on their value and not on their race. Public Universities have had to change their admission practices concerning race and eliminate them. In order to increase diversification in the school separate programs needed to be...
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...of lives in the United States. As a passionate lawyer and prominent Supreme Court justice, he fought for civil rights and social justice in the courts and believed that racial integration is best for all schools. Thurgood Marshall was born a July 2nd, 1908 in Baltimore, Maryland. He was the great-grandson of a slave who was born in the Republic of Congo. His father William Marshall who was a railroad porter and his mother ‘Norma, a teacher, instilled in him an appreciation for the United States constitution and the rule of law. His original name was Thoroughgood, but was eventually shortened to Thurgood...
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...Prayer in Public Schools Derrick DuHart Race, Religion, Culture Arkansas Baptist College Dr. Johnson, Instructor November 4, 2014 Tables of Contents I. Introduction Background/Statement of Problems pg. 3-4 Purpose of the Study pg. 5-12 Research Questions pg. 13 Significance of the Study pg. 14-19 II. Literature Review Methodology and Sampling Design Strategy pg. 20 Data Collection Procedures pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents...
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...The “Hosanna-Tabor” Case in the US Supreme Court Introduction “Evangelical Lutheran Church and School Hosanna-Tabor v. Commission for Equal Employment Opportunities-CIOE” is a famous case decided in January 2012 by the United States Supreme Court. It addressed the right to religious freedom and the establishment clause, the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether...
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...Students are supposed to come to school, ready to learn and behave appropriately. But for some students whose behaviour are found to be irresponsible, sloppy, or bad-discipline, schools must outline clear and consistent consequences to penalize them. Corbin and Carter recommended on findings of academic misconduct and the admission requirements of legal profession. This paper considers whether the court should take a zero-tolerance approach to plagiarism and academic misconduct. Firstly, key terms are defined; followed by arguments in favour and against of this position are explored. The paper also discusses different approaches from other state and concludes with the most preferable approach. PLAGIARISM & ACADEMIC MISCONDUCT Plagiarism originated from the Latin word ‘plagiare’ .Recently, it is literally refers to the knowing presentation of the work or ideas of another person as if it were the student’s own idea . This is more likely related to the breach of ethical principles rather than legal rules . Academic misconduct includes collaboration and plagiarism in relation to formal academic exercise. It is unethical and dishonest. Students will be given penalty resulted in any misconduct along their studies. It can also have an effect on the school’s reputation. This problem always exists and is needed to be solved . ARGUMENTS FOR A ZERO-TOLERANCE APPROACH Any history of a student’s academic misconduct during the study period in school provides something of a measure...
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...There’s No Room: A look at public schools’ design for science and evolution Nicole McCormick PHI103: Informal Logic (GSK1216H) Instructor Micheal Pelt May 21, 2012 The 1987 Supreme Court ruling on the case of Edward v Aguillard, struck down a Louisiana Law requiring “balanced treatment” between “creation science” and evolution. The Supreme Court found “creation science” to be unconstitutional, a statute that forbade teaching evolution unless “creation science” was also taught. Edward v Aguillard made it clear you cannot teach creation science alongside evolution (Brown, Feb2012). This argument of if evolution should be taught in public schools has waged on for decades, and as long as some continue to believe in intelligent design while others in evolution, it is a battle that will no doubt continue on, with unnatural selections for some. Intelligent design is primarily a religious belief and not a scientific tenet, which forms the basis for why it should not be taught in public school science courses. This essay will discuss how evolution in public school science classrooms serves best with the national science curriculum, and how theories of creationism and intelligent design (ID), try as they may, have no place in public science classrooms. Research will begin with data that includes the said appropriateness of evolution, and how the study of evolution in school is in line with the teachings of biological science. Next, what will be considered are the creationist...
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...other members of Americans United for the Separation of Church and State. The Sixth Circuit Court of Appeals in Daniel v. Waters struck down the “equal time” law as it violated the First Amendment. In Steele v. Waters, the local court ruled in favor of Steele, citing the statute was in violation of the First and Fourteenth Amendment. However, the state of Tennessee then appealed the decision. The Tennessee Supreme Court ruled in favor of Steele and supported the ruling of the local court....
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...Interpreting Laws and Court Decisions Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations: “A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated...
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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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...Describe a Case The school to prison pipeline is a societal issue. The school to prison pipeline is also an issue in the field of social work as well. My case is based from Wilson article, (2014), Turning off the School-to-Prison Pipeline. As a social worker I will encounter many situations regarding adolescents having difficulties staying in school. The alarming factor of the school to prison pipeline is the disparity between racial groups, specifically black students. Wilson article discuss many issues with the school to prison pipeline and solutions. Research suggest that community interventions are the best solution to the school to prison pipeline (Wilson, 2014). For example, training teachers on different cultures and back grounds,...
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...For as long as the media has taken note of such instances, school violence, specifically school shootings by pseudocommandos (school shooters who shoot others for revenge), has been a hot topic to cover. In several instances, the shooters have plead for insanity in argument that they were not sane at the time of the massacre and could not identify what was wrong from right. These pleas have become a fall-back argument for some of the pseudocommandos, and in doing so, a select few were found guilty of murder, but the consequences of the massacres committed were eased. In the end, after the school rampages, or SR’s, were committed, the true ethics of the treatment of the shooters must come into question in regards to the insanity plea. How...
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...In 1954, Brown v. Board of Education was a landmark Supreme Court case that would end public school segregation. Over fifty years later, studies have shown segregation has increased in the public school system. Currently, public schools have seen an escalation in segregation according to a report released by Richard Rothstein of the nonprofit Economic Policy Institute (Strauss, 2013). Three additional reports related to public school segregation have also been released. This increase in segregation could have detrimental effects on the U.S. multiracial society’s success (Strauss, 2013). The study conducted by Richard Rothstein was conducted in 2012 and has now received both international and national media attention. Segregation is defined as “separation of racial or ethnic groups in order for the dominate group to maintain social distance” (Henslin, 2011). In this case the dominant group is white students. A dominate group is defined as “a group with power regardless of the numbers associated with the group” (Henslin, 2011). Segregation has been growing based on both race and poverty. “Fifteen percent of black students and fourteen percent of Latino students attend “apartheid schools” across the nation in which whites make up zero to one percent of the enrollment” (Strauss, 2013). Previous studies conducted in the 1970s have shown four out of five students in the U.S. were white. Now in particular areas (South and West) students of color are the predominate race...
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...Court Case Analysis of a Young Offender The Canadian public perception of youth crime is that it is growing out of control and that violence crime is common. Sensationalized media coverage, frustrated law enforcement officers and vote-seeking politicians, have tended to portray only parts of the overall reality of youth crime (John Howard Society, 2008). The government of Canada has evolved over the many years to deal with youth crime from installing the Juvenile Delinquency Act in 1908 all the way to the Youth Criminal Justice Act recently amended in 2012. What these acts have accomplished is the separation of youth and adult sentences (Stevenson, 2014). This was done in order to protect children because it is the belief in Canada that children are not responsible for their actions because of Doli incapax or the inability to do wrong. That being said there is still legislation in dealing with youth crime that is punishing and effective (Stevenson, 2014). This paper will analyze a court case decision made under the Youth Criminal Justice Act which involves a young offender who was convicted of a gang-related murder and breached Conditional Supervision Order (R. v. S.(M.), 2014). This court case will be analyzed using relevant research on youth gangs using concept of theories that apply to our young offender. In conclusion, this paper will discuss limitations of laws and possible alternatives that dealt with the young offender. A summary of R. v. S.(M.), the court based...
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