...(Cheesebro, 2010). If at work all employees were afforded their birthday off with the exception of one, then this would be a violation of the consistency principle and the burden of proof is easily delivered. When it comes to arguments, jurist and attorneys uses deductive and inductive reasoning; if deductive, the reasoning can be sound, valid, or invalid; and if indicative, it can range from strong to weak (Cheesebro, 2010). Arguments in court are submitted with a precedent case as a foundation to present a winning argument; this is the appeal to precedent (Cheesebro, 2010). According to “Case Briefs” (2015) website sites the Rule of Law where as “Statutes that make criminal all abortions except when medically advised for the purpose of saving the life of the mother are an unconstitutional invasion of privacy” (Roe v Wade). Roe v Wade has repeatedly been the foundation of many court arguments regarding abortion. Stare Decisis, meaning “Don’t change settled decisions” principle gives precedents to a case of such, and doing anything different is a violation of legal reasoning by analogy and principally from reason by analogy in any other context (Cheesebro,...
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...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 Blackmun explicitly states that due to medical advances, the Texas law was no longer valid because the state’s interest was originally to “protect the woman’s health” rather than risking the woman’s life over and unsafe...
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...Forget the Founding Fathers The nature of all human beings makes it a necessity that there is some form of government to lead the people and to make rules and laws. Mapped out by the Constitution, the United States’ government consists of many different groups and branches that work together to run as smooth as possible, keeping order and keeping the people relatively safe and happy. “The legislative and executive branches of government have a voice… so should the courts” (Fiss 2-3). Each of the branches work together to achieve the correct governmental structure based on the Constitution. The Supreme Court contains valuable members who help make important decisions for the citizens and for the country as a whole. Without the judicial...
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...Abortion in the United States Valora Hawkins, Tracy Avila, Timothy Easter, and Veronica Holifield BCOM/275 June 18, 2012 Les Colegrove Abortion is one of the most controversial topics to date in the United States. Because of the complexity and issues involved, there are those individuals who are for abortion, and those who are against. There is neutrality that extends between the two, with those who are one the fence depending on circumstantial situations. In this paper our group of four peers debate the topic, and base a conclusion on weather women in the United States should have the right to abortion, based on the arguments themselves. Today, the reference of for and against, is better known as pro-choice and pro-life. Pro choice (abortions) refer to the political and ethical view that a woman should have complete right over her fertility, and that she should have the freedom to decide whether she wants to continue or terminate her pregnancy (Bose, 2012). According to pro-life advocates, women who demand complete control of their body should also shoulder the responsibility of preventing unwanted pregnancy, and that the result of an unplanned pregnancy, rape or incest, aborting the embryo is equivalent to punishing the unborn child (Bose, 2012). The position that Valora has in this debate, is that it is the woman’s choice to decide whether or not to have an abortion, but also to understand that it is their responsibility to protect against unwanted pregnancies by...
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...Abortion has been a medical procedure for in the United States since as early as the 1880s. Historically it has been a medical procedure that was used when a woman’s life was in danger for medical reasons, rape, or incest. The Landmark case that set a new standard for Abortion in the United States came in 1973 in the state of Texas. “On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973). Roe has come to...
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...The debate about whether or not abortion should be legal has been an ongoing controversy for centuries now. “Almost every civilization has believed that the distinction between killing and murder exists. Where to draw the line is one of the great questions of human existence, and it is never completely settled” (Fleischman). A common misconception is that abortion is indeed black and white and can be interpreted easily but that is just not the case. There is a lot of grey area when it comes to the debate of abortion, and it can become very difficult to respect ones decision if you do not see it from their side. This is why studying the history and laws of abortion is very important when deciding which side you are on. Whether you are pro-life...
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...our bodies. It is our bodies that will be subjected to the changes pregnancy brings as well as the risks. It is our finances that will support that child throughout its life. It is our maternal skills that will raise that child to be a caring, valuable member of society. Members of congress or pro-life advocates are not going to come to our homes and do these things for us so therefore, it has to be our choice to control whether we proceed with or terminate a pregnancy. If termination is our choice then we should have access to that option in a clean, safe environment. With over one million women choosing abortion over giving birth, lends to the supporting evidence in favor of right to choose arguments. Women should not be dictated to by laws of government or religious ideology in regards to their own bodies. They should retain control and be free to exercise their freedom of choice. Pregnancy can be a wonderful thing when both parents are ready mentally, emotionally and financially to take on this lifetime responsibility. Unplanned pregnancy is a completely different story. According to the National Abortion Federation, one million teenagers become pregnant every year with 78% of these pregnancies being unplanned. Of the youngest of this group aged 13 and under, 70% had sex forced on them...
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...Fall 2014 Business Law Midterm This is a take-home-open-book-midterm. This is NOT a group effort. Work alone. DO NOT WORK TOGETHER! Use a scantron. Write your name on the scantron. True or False (Mark A for True B for False): 1. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. 2. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. 3. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. 4. If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. 5. One of the important powers of courts in the United States is to interpret legislation. 6. It is the function of the jury to decide the facts that are in dispute in a case. 7. It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. 8. For diversity of citizenship jurisdiction, each plaintiff must have suffered over $100,000 in damages. 9. Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. 10. A person...
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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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...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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...Murder and Wrongful Death Michael Missildine Law and Society CRJU-3313 Midwestern State University Abstract Murder is a crime in which one human being kills another human being. Murder is the most damaging of crimes to society. Murder goes against all morals and values in both historical and modern society. Social Scientists argue that legally authorized executions and abortions of unborn children can also be classified as murder. There are a number of cases where murder has gone from being a criminal case to a civil case of wrongful death. Many murder cases where a Jury did not convict a suspect of murder went further to become a wrongful death law suit in which the family sued the Defendant. Such cases have made major headlines such as the case in which OJ Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. The families of Goldman and Nicole Simpson then sued OJ Simpson in civil court and received a judgment against Simpson for approximately $30 million dollars. This case was appealed and the judgments were affirmed by the Appellate Court in California. Cases of this nature set the stage for these actions and the types of remedies that are available to victim’s families. Should families of victims have the ability to sue a Defendant for the murder of another? Should the murder suspect be sued for wrongful death even if they are not convicted in criminal court? Murder cases in criminal court must have evidence proving that the alleged...
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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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...Puerto Rico on November 19, 1493. 4) First successful English colony was established in 1607, on the James River at Jamestown. 5) The Pilgrims established at Plymouth Colony. 6) Mayflower Compact was established for people to govern themselves. 7) Colonies characterized by religious diversity many congregatinalists in the Middle colonies. 8) First Great Awakening in the 1740s led by Jonathan Edwards. 9) French and Indian War (1754-1763) was a watershed event in the political development of the colonies. 10) Stamp Acts of 1765 was enforced and imposed a tax on the colonies following the Seven Years War. 11) Boston Tea Party in 1773 protest against British taxes and government. * Key Court Cases: Witchcraft trials (1480-1750) executions of innocent people that were accused of being witches or involving with any witchcraft. * Important Documents 1) Mayflower Compact 2) Pennsylvania Charter of Privileges * Most influential person- Christopher Columbus * People establishing themselves in the new world and establishing a self governing government. Unit Two The Revolutionary War & Founding the New Nation (Ch. 6-9) * Years-1774-1789 * Presidents-None * Foreign Policies/Key Events 1) Plan of 1776 sets out...
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...METHODS OUTLINE COMMON LAW REASONING • Role of precedent • Law is not unchanging • Distinguishing cases based on the individual facts to come to new conclusions o Judges give more or less weight to different factors • Narrow/broad interpretations of common law rulings • Rules vs. Standards o Rules: more stringent result (binding) ▪ DEMAND that a decision maker respond a certain way to the presence of triggering facts. ▪ ROL is ostensibly neutral and general; however ▪ Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power of analogy...
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...Puerto Rico on November 19, 1493. 4) First successful English colony was established in 1607, on the James River at Jamestown. 5) The Pilgrims established at Plymouth Colony. 6) Mayflower Compact was established for people to govern themselves. 7) Colonies characterized by religious diversity many congregatinalists in the Middle colonies. 8) First Great Awakening in the 1740s led by Jonathan Edwards. 9) French and Indian War (1754-1763) was a watershed event in the political development of the colonies. 10) Stamp Acts of 1765 was enforced and imposed a tax on the colonies following the Seven Years War. 11) Boston Tea Party in 1773 protest against British taxes and government. * Key Court Cases: Witchcraft trials (1480-1750) executions of innocent people that were accused of being witches or involving with any witchcraft. * Important Documents 1) Mayflower Compact 2) Pennsylvania Charter of Privileges * Most influential person- Christopher Columbus * People establishing themselves in the new world and establishing a self governing government. Unit Two The Revolutionary War & Founding the New Nation (Ch. 6-9) * Years-1774-1789 * Presidents-None * Foreign Policies/Key Events 1) Plan of 1776 sets out basic...
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