...Analysis of a Flag Burning Case In 1984, Gregory Lee Johnson burned an American flag at a Regan campaign protest. He was subsequently arrested, convicted, and sentenced to prison in the Dallas County Criminal Court. Johnson appealed, lost in the Texas Court of Appeals, Fifth District, but eventually his conviction was overturned by the highest court in the state, the Texas Court of Criminal Appeals; upon a final appeal, made by the state, the case made its way to the United States Supreme Court. Though the burning of an American flag is frowned upon for obvious reasons, it is difficult to fathom a person being arrested and imprisoned for an expressive act typically protected by the First Amendment which is why this case made it to the U.S. Supreme Court. The statute in question in this case is 42.09(a)(3) of the Texas Penal Code (1989) which states that “A person commits an offense [of desecration of a venerated object] if he intentionally or knowingly desecrates a state or national flag.” This statute makes it a criminal offense to intentionally disrespect an American flag or any other state or national flags. This statute, like all statutory law, was created by the legislative branch of government. Mr. Johnson eventually won on appeal in the highest court in the state, the Texas Court of Criminal Appeals. Prior to his win, Johnson’s initial appeal was denied by a lower court, the Texas Court of Appeals, Fifth District. The Fifth District court agreed with the lowest court...
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...Legal Analysis and Writing PA 205-0731-1008-01 August 5, 2013 Texas v. Johnson, 491 U.S. 397 (1989) PA 205: Introduction to Legal Analysis and Writing, Unit one, Assignment 1). The case study references section 42.09 (a) (3) of the Texas Penal Code. The statute prohibits the desecration of a venerable object. 2). Legislative 3).The passage discusses the court case that involved State V. Johnson (Gregory Lee Johnson). 4). The three courts that heard this case: 1). Texas Court of Criminal Appeals (most authority) 2). Texas Court of Appeals 3). Dallas County Criminal Court (least authority) 5).Texas v. Johnson, 491 U.S. 397 (1989) 6). The Texas statute was struck down since the Supreme Court ruled it was inconsistent with the First Amendment. 7). Statutory laws are laws passed by sending a bill by passing it through a legislative body. Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. Statutes can be either struck down after interpretation or continue to be enforced. If someone challenges the statute, it could travel all the way to the Supreme Court...
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...PA205: Introduction to Legal Analysis and Writing Prof. Wendi Cline Kaplan University November 13, 2014 By, Heather Leigh Bradley 1. The case study references one state statute. Identify it and explain what it prohibits. “The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object. A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study Texas vs. Johnson, 2014). The statue prohibits intentionally or knowingly desecrating, destroying, damaging, burning, mistreating of a state or national flag in public that will seriously offend one or more persons and is witnessed by one or more persons. This statue was made to prohibit only flagrant acts of flag desecration that take place in a public setting or place (Case Study Texas vs. Johnson, 2014). 2. Which branch of government created the state statute? The state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object, was created under legislative branch. The State’s interest is to prevent a breach of peace by prohibiting certain acts of flag desecration have been considered to be unrelated to the suppression...
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...Case Analysis Texas v. Johnson Case Analysis: 1. The Supremacy Clause is what gives the U.S. Supreme Court the right to review a Texas state law? Most times when the Government and State have areas of concurrent jurisdiction and a problem arises and a conflict exists, then federal law controls. Whenever, a state passes a law that conflicts with that of the constitution, than the U.S. Supreme Court has the power to declare that state law unconstitutional and unenforceable. 2. Suppose that Johnson had burned a Texas state flag instead of the U.S. flag? a. Would the U.S. Supreme Court have jurisdiction to hear the case? Yes if the circumstances were the same and there was some kind of conflict between the state and the constitution. b. If the Supreme Court did hear the case, do you think the decision would have been any different from this case? No I believe that he would have had the same results if we ended up with the same circumstances, and it was a peaceful demonstration. Case Analysis Brown v. Board of Education Case Analysis: 1. What is the doctrine of separate but equal? A law that allowed racial segregation in public schools as long as equal education and facilities were provided for both races. 2. What did the Court say about that doctrine in this case? That equality of treatment is accorded when the races are provided substantially equal facilities, even though they maybe in different places. 3. How much importance did this Court...
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...7/20/2014 Answer case analysis questions 1, 2a, and 2b from p. 21. Read Texas v. Johnson on pp. 21-22 first. Answer case analysis questions 1, 2, and 3 from p. 126. Read Brown v. Board of Education on pp. 124-126 first. Answer question 1 under “Application and Analysis” from p. 139. Pg. 21-22 * 1. What gave the U.S. Supreme Court, a federal court, the right to review a Texas state law? This is because of the Supremacy Clause of the Constitution (Article VI): “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof. . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding * 2. Suppose that Johnson had burned a Texas state flag instead of the U.S. flag. a. Would the U.S. Supreme Court have jurisdiction to hear the case? b. If the Supreme Court did hear the case, do you think the decision would have been any different from this case? The Supreme Court could hear the case and the result would probably be the same because the real issue was the Right to Free Speech under the U.S. Constitution, not whether the criminal law was state or federal. Pg. 124-126 * 1. What is the doctrine of separate but equal? Separate but equal doctrine refers to a now-defunct principle that allowed African-Americans to be segregated if they were provided with equal opportunities and facilities in education, public...
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...This case study references the Texas Penal Code Annotated (Tex. Penal Code Ann. § 42.09(a)(3), which penalizes such physical mistreatment of "a national flag" as Mr. Gregory Lee Johnson should know this incident could possibly offend some people and cause a lot of controversy as well. The state of Texas Legislative branch created this statue. The case study discussed the court case of the state of Texas versus Gregory Lee Johnson. This case was heard by three lower courts before it reached the United States Supreme Court. The first court was the Texas Court of Criminal Appeals which is deemed the highest court in the state of Texas, the Texas Court of Appeals, Fifth District and Dallas County Criminal Court. The United States Supreme Court’s decision on the case rendered the Texas statute invalid for the charges made against Gregory Lee Johnson however; the Court did grant Texas permission to make flag burning punishable by law in instances where it constitutes an actual danger or lawless action. Common law is defined as law that has been developed on the basis of preceding rulings by judges. Common law is by far and wide based on judgments made in the past over hundreds of years. Common law is also known as case law and is of two types – one where judgments passed become new laws where there are no statutes and the other where judges interpret the existing law and determines new boundaries and distinctions. Determination of common law for a particular...
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...PA205: Introduction to Legal Analysis and Writing Unit 1 Case Study In 1984, the Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under...
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...Griswold v. Connecticut: The Right to Privacy, Equal Protection, and Legalizing Sodomy In 1965 the landmark case Griswold v. Connecticut the Supreme Court recognized penumbra emanations regarding the right to privacy protected from governmental intrusion. Plaintiffs Estelle Griswold, the Executive Director of the Planned Parenthood League of Connecticut, and C. Lee Buxton, a licensed physician serving as the Medical Director for the League in New Haven, were found guilty and charged as accessories to Connecticut’s General Statutes §§ 53-52 and 54-196 for providing advice and prescribing a contraceptive device for a heterosexual married couple. The statutes at issue stated that: (1) Persons preventing conception using drugs, medicines,...
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...Briefs: I. 1. Title: International Shoe Co. v. State of Washington (p. 46) Judgment at trial in the Supreme Court of Washington for Washington State; Defendants appeal. 2. Facts: International Shoe Co. a corporation that manufactured footwear only in St. Louis, Missouri, yet it did sell its products nationwide. Including Washington State, where it send its salespeople. Who even though were not authorized to collect payments from the customers still were involved in renting spaces in hotels and businesses, display of sample products and taking orders. So when Washington State sought contributions to the state’s unemployment fund and did not get them, it sued International Shoe who argued that it was not engaged in business in the state. 3. Issue: Did International Shoe have sufficient minimum contacts in Washington State to permit jurisdiction there? 4. Rule: Yes. Minimum contacts with the forum state can enable a court in that state to exert personal jurisdiction over a party consistent with the Due Process clause. 5. Analysis: The activities carried on by International Shoe Co. in Washington were systematic and continuous rather than irregular or casual. The defendant received the benefits and protection of the laws of the state and is subject to jurisdiction there. 6. Conclusion: Judgment affirmed; the state may maintain the present suit to collect the tax. II. 1. Title: Stinton v. Robin’s Wood, Inc. (p. 57) Judgment at...
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...Case Analysis CLARK v. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY, Appellant. SUPREME COURT OF MISSOURI, DIVISION ONE 179 Mo. 66; 77 S.W. 882; 1903 Mo. LEXIS 394 1. Provide a summary of the undisputed facts. On May 10, 1897, a train wrecked on Missouri, Kansas & Texas Railroad near Marthasville, Missouri. This train transported live animals. A conductor of the train informed a railroad track foreman that there was an accident and some steers were loose in the area and they needed to be recovered. This section of the railroad was serviced by a crew that included a track foreman Otto Housman (the defendant) and three trackmen – Housman’s two sons named Jim and George Housman, and Pleasant W. Clark (the plantiff). Mr. Clark was a section hand who worked for the railroad for the past four years. Part of his duties as a section hand were to clean up and take care of live animals transported by the railroad and to clean up around the tracks whenever there was a mess. On the night of the accident Mr. Clark was called to come help retrieve some cattle that got loose. Along with two other men (sons of the foreman) they brought all the cattle, except one Texas steer, and drove them into a pen. However, they were ordered to find and return the last steer, and then Mr. Clark and the foreman’s sons went to look for the steer. They found the steer about two hundred yards from the track. Mr. Clark noticed that an animal acted wild. Jim Housman saw that the animal...
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...Texas vs Johnson Analysis The name of case we are analyzing is the case of Texas vs Johnson. This events that lead to Johnson being brought to court was that he participated in an demonstration against then President Reagan’s policies. Once the political protest reached Dallas City Hall ,Johnson was then was handed an American Flag which he then doused in kerosene and set it alight, luckily, no one was harmed during this flag burning but some bystanders were seriously offended by the flag burning.This case was brought upon Gregory Lee Johnson as he was charged with desecration of a venerated object which violated the Texas Penal Code. He was then convicted and sentenced to one year in prison and received a fine $2,000. The original plaintiff...
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...Trials where the death penalty is a possible sentence have more legal requirements than non-death penalty trials, and therefore, cost more to fulfill these requirements. The requirements include costs for prosecuting and defense attorneys, interpreters, expert witnesses, court reporters, psychiatrists, secretaries, and jury consultants (“Costs of the…”) as well as “the necessity for two trials – one on guilt and one on sentencing” (Dieter). According to an article by the Death Penalty Information Center, “a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment in the United States” (“What’s New”), “the average cost of defending a trial in a federal death case is $620,932, about eight times that of a federal murder case in which the death penalty was not sought” (“Costs of the…”). Take the state of Washington for example. A study conducted by the University of Seattle determined that “in Washington each death penalty case cost an average of one million dollars more than a similar case where the death penalty was not sought (on average $3.07 million v. $2.01 million)” (“Costs of the…”). Similarly “since the death penalty’s reinstatement in Washington in 1981, Washington has carried out five executions, each costing an average twenty four million dollars” (“Costs of the…”). This exorbitant cost can also be exemplified through the...
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...Legal System and ADR Analysis JP LAW/531 November 24, 2013 XXXX Gray TO: Judith Gray, Professor LAW/531 FROM: John R. Peterson, Manager Team A DATE: November 24, 2013 SUBJECT: The Legal System and ADR Analysis This research paper discusses the Internal Business Dispute over the Trademark Rights for the “The Cupcakery” company. Moreover, it will cover the other possible legal phases the case could take within the Texas State court system as well as pursue Alternative Dispute Resolutions possibly skipping the traditional court system altogether. The Cupcakery lawsuit arose between the two parties that stemmed from loans paid to Pamela Jenkins from her Uncle Rockey Perrit a Texas resident. According to “Las Vegas Trademark Attorney” (2011), “Perritt, with the full knowledge of Jenkins, decided to open up his own “The Cupcakery” stores – first in Frisco, Texas (owned by the Texas based, and co-Plaintiff , The Cupcakery, LLC), and then a second store in Dallas, Texas (owned by co-Plaintiff Buster Baking, LLC), and later a third store in The Woodlands, Texas (owned by co-Plaintiff The Woodlands Baking, LLC). Perritt’s Texas stores used the same name, recipes and other intellectual property used by Cupcakery NV” (Internal Business Dispute Over “The Cupcakery” Trademark Reignites). Armed with this background, let us first take a look at what legal phases this case could take within the Texas court system. Texas Legal Court System At the time this lawsuit...
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...History of Affirmative Action Human Resources Research Paper BUSI 526 Section D October 30, 2010 Aurelia Mouton Abstract Affirmative action has a relatively short history in the United States. The idea of affirmative action begin to come into play in 1961 when politicians and Presidents alike believed that there needed to be a way to rectify the previous injustices dealt to the minority community in regards to workplace. The text mentions that affirmative action uses “numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market” (Dessler, 2011, 60) and that affirmative action was put into place to eliminate barriers to equal employment. This may be true but from its’ very inception, affirmative action has been met with resistance. History of Affirmative Action Affirmative action has seemed to find its way into the lives of many. It was originally created to make employment opportunities and practices fair for people that were non-white U.S. citizens but has since grown and evolved into much more. The beginning concept of affirmative action was to make right the many years that African Americans were bound because of slavery, discrimination after the abolition of slavery and lack of education that prevented many of them from getting decent jobs. Many positive things can be said about affirmative action when it works; however there are many people that fight against it because of...
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...The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2013, p. 52). Methods of nonjudicial dispute resolution, commonly referred to as alternative dispute resolution (ADR), are normally used to allow disputes to be resolved outside the court judicial system. The forms of ADR are negotiation, mediation, mini-trial, fact-finding, using a judicial referee, and arbitration, which is the most common method (Cheeseman, 2013). These forms of ADR can be applied to many different business disputes, in which some forms are more suitable to some cases than others. In regard to the case of City of Elsa v. Gonzalez, the legal process will be evaluated, the most appropriate ADR method to use will be recommended, and the differences cost benefits between traditional litigation and pursing ADR will be discussed. The Legal Process As stated above, there are various phases of the legal process that business disputes go through before a settlement has been reached. The first step of...
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