...necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed," the Second Amendment to the United States Constitution provides the citizens a means of protection against the unjust excesses of government.[2] The Framers placed this guarantee in the Bill of Rights because they considered the right to keep and bear arms peculiarly important and also uniquely vulnerable to infringement. The Amendment's command protects individuals against even popular conceptions of the public good. In addition to this protection within the United States Constitution,[3] the constitutions of forty-three states guarantee the right to keep and bear arms.[4] Despite the constitutional authority for this right, legislators and judges have consistently attempted to devalue it. Methods such as giving misleading labels to select firearms like "assault weapons"[5] or "Saturday Night Specials"[6] have been used to justify incremental disarmament.[7] American jurisprudence has deliberately devalued the right to keep and bear arms by disingenuously interpreting the right so as to effect a gradual change in American culture. To this end, for example, the Seventh Circuit has already upheld a civilian handgun ban by dismissing an historical analysis of the Constitution: "The debate surrounding the adoption of the Second and Fourteenth Amendments ... has no relevance on the resolution of the...
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...racially disparate manner. Facts say otherwise. There are 69 Caucasians; 25 Mexican Americans; 17 African Americans; 4 Native Americans; 3 Asians; and 2 "Others" on Arizona's death row awaiting justice” (Montgomery). Hidalgo proclaims that the death penalty should not be necessary because there have been some cases where innocent people have been killed due to lack of evidence. From another point of view, some individuals think that the death penalty should be necessary because it can help control crime, and it can give closure to the families of victims. For example, if the prosecutor is on trial the jury finds him or her guilty, the death penalty can be accepted because this is justice for the victims. This act does not violate the eighth amendment which...
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...her official capacity as State Registrar of Vital Records, Petitioners, MICHÈLE MCQUIGG, Intervenor/Petitioner, v. TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; and MARY TOWNLEY, Respondents. ________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________________ BRIEF FOR THE RESPONDENTS ________________________________ Law Student Counsel for the Respondents QUESTION PRESENTED Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when: * Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions. TABLE OF CONTENTS page QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv OPINIONS BELOW...
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...loatient Protection and Affordable Care Act (RL. 111-148) (now more commonly called the Affordable Care Act [ACA]) are fully implemented by 2014, approximately 32 million Americans who currently do not have health insurance coverage will be covered, and coverage will be more affordable for many millions more. The ACA makes vital improvements to health care access, 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...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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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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...following a proper legal trial. The death penalty is usually a punishment sentenced for serious types of murders, in some countries treason, types of fraud, adultery and rape, which are capital crimes (Capital Punishment, 2013). The death penalty was introduced as early as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, who codified the death penalty for 25 different crimes. In the Seventh Century B.C. Athens the Draconian Code made the death the only form of punishment for all crimes. Fifth Century B.C. by the Romans in the Twelve Tablets, the death sentences were carried out by crucifixion, drowning, beating the criminal to death, burning alive and impalement (Death Penalty Information Center, 2012). Britain, in the Tenth Century A.D, main method of executing the death penalty was by hanging....
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... Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited to strictly homicide, the overwhelming majority of those executed and assigned to death row have...
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...and may require a great deal of time and money to ensure that we have the correct person. The problem is that the system is in a lose-lose situation and cannot win either way. So because of this we have to weigh the odds of the death penalty against the possibility of mass crime increases. The facts all weighed together then weighed against the possible outcome of no death penalty most could see that the latter has far worst results. There are steps that we can take to assure that any person who gets the death penalty has the best defense and all avenues of discovery is covered and researched and all court appeals if any have been heard. The defendant and the state have a large amount to lose. The fact that we have to get this right the first time should prove the cost of the procedure well worth the monies spent. No matter what way it is looked at being for or against the death penalty are a personal and often a moral decision. The battle of those for and against the death penalty will continue to be fought because these two groups will never see the issue eye to eye. Death Penalty III Death Penalty The death penalty has been thought to be a deterrent to homicide by many. It’s a fact that the death penalty cost tax payers billions of dollars each and every year. Society believes that some crimes need the most extreme punishment in which the offender would never be able to commit another crime. One problem with the death penalty is that once the punishment is carried out...
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...Austin Day Criminal Justice 1010 Capital Punishment: Execution by the State 12/8/2011 History of the Death Penalty The first death penalty laws date back to the Eighteenth Century B.C. The death penalty was punishable for 25 different crimes. The death penalty also dates back to the Fourteenth Century when it was punishable for any kind of crimes. In the Fifth Century, death sentences were administered by ways such as drowning, beating to death, burning alive or even crucifixion and in the Tenth Century A.D. hangings became the main method of execution. During the Sixteenth Century, under the power of Henry VIII, 72,000 people were executed by boiling, hanging, beheading, and boiling. People were executed if they had failed to report a crime or committed treason. During the 1700s, even small crimes were punished by death. These crimes included stealing or even cutting down a tree. A total of 222 crimes were punishable by death (“Part I: History of the Death Penalty”). Capital punishment in America was heavily influenced by Britain. When settlers came to the new world, they brought the form of capital punishment with them. Captain George Kendall was the first recorded execution in the United States for being accused of being a spy for Spain. This occurred in 1608, while in 1612 the Divine, Moral and Martial Laws were created, allowing capital punishment to be enforced for the smallest of crimes such as trading with Indians. The death penalty varied from colony to...
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...Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher version (DOI) http://dx.doi.org/ This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Gender, Law & Justice by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. The Legal Implications of Gender Bias in Standardized Testing Katherine Connort Ellen J. Vargyast TABLE OF CONTENTS I. II. INTRODUCTION ....................................... THE FACTUAL CONTEXT ............................. A. The Scope of the Problem ............................ 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. B. Causes of Gender Differences in Test Scores ........... 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. C. Validity of the Tests .......................
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...CONTENT Exercise 1. 2 Exercise 2. 5 Exercise 3. 8 Exercise 4. 11 Exercise 5. 15 Exercise 6. 18 Exercise 7. 21 Exercise 8. 25 Exercise 9. 28 Exercise 10. 31 Exercise 11. 34 Exercise 12. 37 Exercise 13. 40 Exercise 14. 43 Exercise 15. 46 Exercise 16. 49 Exercise 17. 53 Exercise 18. 57 Exercise 19. 61 Exercise 20. 65 Exercise 21. 68 Exercise 22. 72 Exercise 23. 76 Exercise 24. 80 说明： 题目来源： Exercise 1-24：所有题目都来自官方真题 其中： Exercise 1-14：我们将OG和PP2中的题目编排为前14个Exercise, 每个Exercise都是按照GRE考试中阅读部分的出题习惯编排，即每个Exercise 10个题目，形式为（1长+2短+1逻辑 or 4短+1逻辑）。 Exercise 15-24：我们将近年来考试中出现的文章和老GRE中极为接近现行出题风格的文章编排为后10个Exercise，每个Exercise 13个题目左右，形式为（1长+1短+2逻辑）。 练习方法： 建议大家第一遍做能够限时练习，按照考试的要求每个Exercise的大致难度和应该用的时间都标在了前面。没做完6个exercise可以做一个回顾总结，将文章反复做一遍，总结单词，长难句，文章的出题规律，句子之间的关系。 答案显示方法： 如果你打印出来练习：参考答案见P 页 如果你在电脑上练习：windows 系统：Ctrl+Shift+8；Mac系统：Command+8 Exercise 1. 20min While most scholarship on women’s employment in the United States recognizes that the Second World War (1939–1945) dramatically changed the role of women in the workforce, these studies also acknowledge that few women remained in manufacturing jobs once men returned from the war. But in agriculture, unlike other industries where women were viewed as temporary workers, women’s employment did not end with the war. Instead, the expansion of agriculture and a steady decrease in the number of male farmworkers combined to cause the industry to hire more women in the postwar years...
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...The Journal of Legal Medicine, 33:171–199 Copyright C 2012 American College of Legal Medicine 0194-7648 print / 1521-057X online DOI: 10.1080/01947648.2012.657993 THE GOOD, THE BAD AND THE UGLY A 50-STATE SURVEY EXPLORING FEDERAL AND STATE FIREARM REGULATIONS RELATED TO MENTAL HEALTH Jason Sterzer* The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government. This may be considered as the true palladium of liberty . . . . The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Whenever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.1 INTRODUCTION On April 16, 2007, Seung-Hui Cho went on a murderous rampage at Virginia Tech University, slaughtering 32 people before turning his gun on himself.2 Cho had previously been diagnosed with severe anxiety disorder and declared mentally ill in the Circuit Court of Montgomery County.3 At the time of the shooting, Virginia law prohibited the “purchase, possession, or transportation of any firearm by any person adjudicated ‘legally incompetent,’ ‘mentally incapacitated,’ or ‘incapacitated,’ whose competency or capacity [had] not been * Third-year law student...
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...Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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