...tried to force Elaine Molbley into being Baptist. The Title VII of the Civil rights Act of 1964 applies in this case. They attempted to convert her to Baptist, and she became too stressed to attend work because of the efforts taken by the Virginia Health Department and they fired her. She did not want to convert to Baptist and the organization took job action against her. The court must decide if she was fired for not converting to Baptist. If I was the judge, I would rule the Virginia Health Department guilty of unlawful discrimination, because they put Molbley in a stressful environment and forced her to join a certain religion, and she did not so they fired her. 2. Edward Roberts was discriminated against in the application process to work as a tractor trailer driver. The company is violating Title VII of the Civil Rights Act. They hired employees after Edwards submitted an application and claimed it was because they did...
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...Civil Rights and Liberties Supreme Court Case 2 Douglas Ganim Thursday, November 5, 2015 VOTE: 5-4 in favor of Sally Spyalot, Director of National Security Agency JUSTICE ALITO delivered the opinion of the court Shortly after September 11, 2001, at the request of the National Security Agency, several of the major phone companies were asked to provide phone records for all calls made within the United States, and all calls made to the United States from other countries. The data the NSA received, provided information on the phone number the call was made to and from, the call’s duration, the date of the call, and the time of day. No Financial data, nor content of the calls, were ever obtained by NSA. This action proceeded without a warrant for any of the information provided. In addition, there was no individual suspicion since this was considered “meta-data” or “bulk data collection” of phone records. The vast majority of the data was analyzed by computer programs and never looked at by NSA personnel. Before we delve into an analysis of the court’s decision in this case, it is prudent we first address an important point. Prior to the September 11, 2001 terror attacks, few American’s contemplated a threat to homeland security. Today, the fear of terrorism is ingrained in our daily thoughts. Following the events of 9/11, American’s sense of safety nearly vanished, and the direction, and scope of national security were forever changed. The National Security Administration...
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...In the 1950s, the court found itself more and more concerned with the constitutional rights of the individual. Freedom of speech and other civil liberty issues were repeatedly brought before the court during this period of concern. Similarly, Congressional interrogation practices, state sedition laws, and other questionable methods used by the authorities in uncovering Communists in and out of government came under careful inspections near the end of the decade. The court's willingness to hold the constitutional guarantees of free speech and due process as above the alleged needs of internal security brought strong criticism from conservative jurists and led to attempts in Congress to curb the court's jurisdiction. In considering who makes the best argument concerning the role of the Supreme Court in interpreting the constitution, Justice Brennans view makes the best argument. His speech about the text and teaching symposium is one of the best arguments. He states that The Declaration, Constitution, and the Bill of Rights...
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...1 The Supreme Court is commonly thought to be "above politics." However, one can argue that the appointment of Supreme Court justices is political. (a) Identify three characteristics of Supreme Court nominees and discuss how each characteristic has been politically relevant during the appointment process. Supreme court justices usually have strong background with experience in the law field. ex) lawyer. Justices need to have strong backgrounds so that congress satisfied with the level of experience, and so the the candidate is fully aware of the great responsibilities they are to position in. It is relevant to the appointment process because presidents nominate based on experience. They must be slow to anger and have a calm temper. Having a clean record is vital to determine if whether...
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...Alabama Legislative Black Caucus v. Alabama case, the lower courts decided that the redistricting conducted by the Republicans after the 2010 census was not motivated by racial gerrymandering, but instead was the result of being in compliance with the law. The Republicans, at the time, had increased the African American population in already predominantly African American districts, which had upset people because they believed that it was racial gerrymandering. The basis of the argument against opponents revolved around the idea of “one person, one vote.” Coupled with this equality that has been ingrained into society is the Voting Right Acts, more specifically Section Five, which stated that when redistricting, the same number of majority-minority districts was to be maintained along with the...
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...This study will be about “Are Supreme Court Justice influenced by the public opinion in decision making. Do Appeals Court Justice make their decision based on public opinion? This question is one that will be an ongoing topic. Many scholars continue to debate whether the justices, and thus the courts outputs, actually respond to the public preference (Mishler and Sheehan, 1996). Common people wonder if the Appeals Court Justices will decide the verdict of a case based on others opinion or if the Appeals Court Justices will make their decision based on other factors. Many individuals would like to believe that federal justices will make their decisions based on the laws and facts. However, the direct linkage between public opinion and the voting behavior of justices does not arise from the justice’s strategic concerns over maintain legitimacy and compliance among the public (Casillas, Enns, Wohlfarth, 2011). The Courts of Appeal is not the court of last resort. Therefore, Appeals Court justices allow public opinion to influence their decision...
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...his were to be treated as a misdemeanor instead of a felony. 2. The Georgia Supreme Court ruled that Wilson had been subjected to cruel and unusual punishment because at the time, Wilson was only seventeen and the victim was fifteen. They are only two years apart and were “two willing teenage participants”. The court believed that teens are not mature enough to understand the consequences that come with involving in sexual conduct. They also stated that the Model Penal Code decriminalized oral or vaginal sex with a person under sixteen years old if the person is willing...
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...2017 Rostker v. Goldberg The Landmark Supreme Court Case Rostker versus Goldberg received national attention after Robert L. Goldberg questioned whether it was constitutional for the federal government to require only males to register with the Military Selective Service Act (MSSA). The respondent in this case was Bernard D. Roster, Director of the Selective Service System (Oyez). The MSSA requires all males ages 18 to 26 to register with the Selective Service. One may ask, how did the question of women registering for the draft garner such widespread attention and why? When the Soviet Union invaded Afghanistan in 1980 President Carter reactivated the draft process. Carter recommended that...
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...Obergefell v. Hodges 2015 U.S. LEXIS 4250 (2015) decision granting the LGBT community to legally marry, pushes the issue of including sexual orientation discrimination in Title VII of the Civil Rights Act of 1964. In July 2015, the high profile case of Obergefell v. Hodges allowed the Supreme Court to interpret the Fourteenth Amendment in which it requires states to issue marriage licenses between two individuals of the same sex. Prior to the Supreme Court’s ruling on same-sex marriage, 37 states had legalized same-sex marriage. With legally issued marriage licenses, it will grant same-sex couples spousal benefits, but does not protect same-sex couples from being discriminated against at work in the private sector. Our country will allow same-sex...
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...Jasmine Thibodeaux Case Study #2 Kirk v. Louisiana I. In 1998, residents of a New Orleans neighborhood left tips for the New Orleans Police Department regarding drug activity. Detectives from the NOPD started surveillance on the apartment which belonged to Kennedy Kirk. During the surveillance of the apartment they witnessed four apparent drug transactions at Kirks residence. After one suspected buy they stopped the buyer that just left the apartment and found that he was in possession of crack cocaine. The detectives had probable cause and believed that evidence could be destroyed if they waited for a warrant. They decided to enter without seeking that warrant. Once inside the residence, they found crack cocaine, cocaine and cash on Kirk himself. No other drug paraphilia was located in the apartment. Kirk was convicted of possession of cocaine with the intent to distribute. He believed his arrest was illegal and “police were not justified in entering his home without a warrant absent exigent circumstances” (Cornell University Law School, n.d.) and appealed to the higher court. The Louisiana Court of Appeal declined to determine if those circumstances existed because “the evidence required to prove that the defendant possessed cocaine with the intent to distribute, namely the cocaine and the money, was...
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...America. The case of Schenck v. the United States in 1919 was ruled by an unanimous court, deciding the concerning enforcement of the Espionage Act of 1917 during World War I. Basically, the act did not violate the freedom of speech of those convicted under its provisions. The constitutionality of the law, the will of free speech, and the meaning of its language have stayed intact in court ever since....
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...TITLE AND CITATION: United States Supreme Court v. Robinette 533(1996) TYPE OF ACTION: This a criminal case, Robinette wants the evidence seize from his vehicle in the traffic stop be suppressed for violating Fourth Amendment and search and seizure rights. Which Robinett claimed he was not free to go when the officer stated he was. FACTS OF THE CASE: On August 3, 1992, Robert D. Robinette was stopped for a traffic violation in Ohio, the officer gave him a warning, returned his license and told him he was free to go. The officer than went a step further and asked Robinette did he have any illegal drugs or weapons in his vehicle, Robinette reply no and the officer asked him can he search his vehicle? Robinette although was told he was free to go, did not know he could have refused for the officer search his vehicle and said yes. The officer search Robinette vehicle, found marijuana and other illegal drug inside the vehicle. Robinette was arrested for possession of controlled substance. Robinette appealed at his trail to have the illegal drugs found inside his vehicle to be suppressed, the court of appeals reversed, the State Supreme Court affirmed....
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...1998, Daryl Atkins was sentenced by a jury to death on account of capital murder charges as well as armed robbery and abduction. In response, Atkins appealed the ruling of the trial court on the ground that sentencing a mentally retarded criminal to death was a cruel and unusual punishment under the Eighth Amendment. Prior to Atkins, in 1989, merely 13 years earlier, the United States Supreme Court ruled the Eighth Amendment does not categorically prohibit the execution of mentally retarded capital murderers in the case Penry v Lynaugh (“Penry v Lynaugh”). The verdict of this case gave state legislatures the ability to decide whether to adopt the death penalty or not, however, the United States Supreme Court limited the states' ability to execute. States are prohibited from executing minors and the insane; for reason that, these defendants' diminished capacity for reasoned judgment limits their culpability. Yet, the Supreme Court case, Atkins v Virginia, challenged the constitutionality in executing the mentally retarded, ultimately revisiting the limitation verdict of Penry v Lynaugh. The legal...
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...Medellín v. Texas Student: Kais Karowadia Class: Government Dual Credit Teacher: Jonathan Solis The Supreme Court case between Jose Ernesto Medellín and the state of Texas was fought over whether or not international law should play a role in the due process of the law within the United States. The international law in debate was made at the Vienna Convention and was designed for convicted foreigners to be able to notify their embassy immediately. As a part of the United Nations, the United States ratified this article (Article 36 on Consular Relations). During this case, however, the state of Texas did not follow the international law set at Vienna. The plaintiff, Medellín, had raped and killed two teenage girls in Houston in 1993 and confessed for participating in the crime. He was later sentenced to death by Texas courts. While on death row, Medellín sent letters to the Mexican consulate explaining his situation. Mexico saw that the United States had not upheld the agreements from the Vienna Convention and sued the United States in the International Court of Justice. Alongside the dispute between the two nations, Medellín filed for a writ of...
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...issue that has arisen is whether horizontally drilling under someone else’s property is trespassing (1752). The author then concludes that based on the Texas Supreme Court case Coastal Oil and Gas Corp. v. Garza Energy Trust, extracting gas or oil...
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