...Texas v. Johnson Supreme Court of the Unites States, 1989 491 U.S. 397. Facts: During the 1984 Republican National Convention, Gregory Lee Johnson burned an American flag to protest the policies of the Regan Administration and certain Dallas-based corporations while protesters chanted "America, the red, white, and blue, we spit on you." Although no one was physically harmed or threatened, many bystanders were deeply offended by the demonstration. He was arrested and convicted of violating a Texas statute that prevented the desecration of a venerated object if the action were expected to rouse anger in others. He was sentenced to one year in prison and fined $2,000. The Court of Appeals for the Fifth District of Texas affirmed the conviction; however, the Texas Court of Criminal Appeals reversed it stating he could not be punished for his actions of obvious political nature in this circumstance. The case then went to the Supreme Court to...
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...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 of freedom of speech, the First Amendment of the Constitution. 3. The passage above also discusses one court case. Who were the parties...
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...Case Study Shawn Padgett Kaplan University Case Study The statute referred to in the case of Texas vs. Johnson, 491 U.S. 397 (1989) is 42.09 (a) (3) in the Texas Penal Code. This statute, 42.09 (a) (3), created by the executive branch, prohibits the desecration of a venerable object”, (a) a person commits an offense if he knowingly or intentionally desecrates; (3) a state or national flag. To desecrate a venerable object is to destroy, deface, or physically mistreat in a way that the one doing the action will seriously offend one or more persons observing the action. This statute was inconsistent with the first amendment. (Texas vs. Johnson, 491 U.S. 397 (1989)) The parties involved in this case are the state of Texas and Gregory Lee Johnson. The citation for the United States Supreme Court’s decision on this case is, Texas vs. Johnson, 491 U.S. 391 (1989) (Burning of the flag at political protest rally.). There was three court that heard Johnsons case before reaching the United States Supreme Court. Ranking from the highest court to the lowest for this case is the Texas Criminal Court of Appeals, Texas Court of Appeals (5th District), and the Dallas County Criminal Court. Creating a law is done by Congress, which are called statutes, or court-made, also called case law. Laws can also be by anyone that wants to propose to Congress of an adoption of new law. Case laws are based on the judicial opinions, including decisions that interpret statutes. Statutory...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...History The courts have made different judgments in cases concerning civil rights and liberties. 2 In the case of Barrow V. 3 Baltimore of 1833, the Supreme Court stipulated the bill of rights applied to the national government, not the states. The court held that Americans have dual citizenship and the bill of rights protected citizens from the national government, not the states. The law barred the federal government from conducting terrible activities to the people, but the state was free to carry the same actions (Benzine). In 1883, the court decided that the 1875 Civil Rights Act was unconstitutional under the fourteenth and thirteenth amendments. It created a state doctrine that allowed discrimination. In 1923, Meyer v. Nebraska, the precedent removed the ban on the study of foreign languages in private schools. The court said that the ban was against the Fourteenth Amendment. In 1982, the case of Plyler v. Doe, the ruling struck down a Texas law that denied funding the education of immigrants' children. In 2005 Roper v. Simmons case, the court stipulated that capital punishment for juveniles was unconstitutional. In Fisher v. University of Texas case of 2013, the court reinforced the application of strict review to undergraduate admissions which were on a racial basis. In 2015, the ban on same-sex marriages was lifted granting the constitutional right to marry in the case Obergefell v. Hodges. In 2016, University of Texas v. Fisher, the court held a four to three system to...
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...their backgrounds. Certainly, affirmative action has some drawbacks that hinder it from being wholly effective. One such argument critics make is that it can cause some students with preferable economic or ethnic backgrounds to be denied acceptance to colleges that they would have been accepted into otherwise. These students often grow resentful of the seemingly “discriminatory and unfair” system of affirmative action because it supposedly prevents them from becoming successful.(Is affirmative…) This resentment is evident in the Supreme Court trials of Grutter vs. Bollinger, Gratz vs. Bollinger, and Fisher vs. University of Texas. These cases had varying levels of success but it is clear that there is great support for the abolishment of affirmative action by those not benefitted by it. Critics of affirmative action also suggest that it places students into colleges whose course works are too challenging for them. Studies by the U.S. Commission on Civil Rights show that “black students admitted to universities above their skill...
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...SMIT S PATEL Al-min, Nashid ENGLISH 096 4/24/16 If there is no struggle, there is no progress. Those who profess to favour freedom, and yet depreciate agitation, are men who want crops without plowing up the ground. They want the ocean without the awful roar of its many waters.” Frederick Douglas said this in 1857 because of the constant struggle blacks had to face to gain their civil rights. Like many sociological ideas, racism has a familiar use and countless everyday meanings. The sociological viewpoint gives race as basically a social category and examines race relations with reference to societal constructions and development. According to Philomena Eased in her book Understanding Everyday Racism, “The specific forms racism takes are determined by the economic, political, social, and organizational conditions of society.” Many people are unaware of racism; people may ask how racism is incorporated in our lives? Why do blacks even believe that individuals are racist towards them? These are constant questions that maybe aren’t asked but definitely questioned. The answer is control. Control is the factor to racism. The more you can bring a group down and make them feel belittled, the easier it is to control them. Now let’s take a look at the history of slavery with blacks. It all started in Jamestown, Virginia which is where the first slave ships had entered in August of 1619. While blacks became upset because of being enslaved as an indentured servant they started to...
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...Causal Argument “Andrea Yates: A Fallen Angel?” Introduction The tragic and shocking case grabbed the attention of millions of people—Andrea Yates was found guilty of drowning her five children in June 20, 2001. She was sentenced to life in prison on March 12, 2002. Yates' conviction was later overturned on appeal by a Texas jury on July 26, 2006. The jury ruled Yates to be not guilty by reason of insanity. She was consequently committed by the court to the North Texas State Hospital, a high-security mental health facility in Vernon, Texas (Wikipedia). What drove Andrea to commit such atrocities? Why would a mother kill her own children? How can someone be so cold and calculated? Was she possessed by evil spirits, or was she legitimately sick? I will attempt to sort through these and many other questions and arguments posed by many. The Faithful Morning Around 10:00 a.m. on June 20, 2001, Rusty Yates received a shocking phone call from his wife, Andrea, whom he had left only an hour before…"You need to come home," she said. “It's time. I did it.” He dropped everything he was doing at the time and left his job as a NASA engineer at the Johnson Space Center. When he arrived fifteen minutes later, the police and ambulances were already at their Houston, Texas home. Rusty was told he could not go into the house, so he put his forehead against a brick wall, trying to process the horrifying news, and waited (Ramsland). Restless for information, he went to...
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...Sergio Alvarado 02/20/16 Bailey 3rd Preface : 1. Why was the Supreme Court case, Plessy Vs. Ferguson, important? Plessy v. Ferguson accomplished the ?separated but equal?. 2. What was the impact of Plessy Vs. Ferguson on the lives of African Americans and minority groups such as Hispanic, Japanese, and Chinese? The separated but equal gave more rights to the people making it spread also to other races. Chapter 1 Rosa parks Rosa parks was a lady born from Louise McCauley. She is famous for her bravery on not refusing her seat after a long day at work. As the driver asked her to get up and she denied because she said she didn?t had to give a white passenger her seat for them to be Comfortable. After that she was arrested but recognize...
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... Both degrees require the graduate to pass the NCLEX-RN exam. The percentage of nurses passing the NCLEX-RN is statistically insignificant regardless of program type- associates vs. baccalaureate. The NCLEX-RN exam tests for the minimal amount of skills the individual must have for safe practice. It does not measure, nor represent, the additional education a baccalaureate nurse will have obtained (2008). Baccalaureate graduates do excel in stronger communication skills, and have shown greater problem solving skills (Johnson, 1988). Additionally, the baccalaureate nurse shows greater nursing diagnosis skills and implementation of appropriate nursing interventions (Giger, 1990). Dr. Patricia Benner & team- Carnegie Foundation for the Advancement of Teaching , suggests the requirement of all entry level registered nurses (associate degree) become baccalaureate trained, additionally, that within 10 years of any nurses primary licensure (associate or baccalaureate) that the education level of masters be obtained. The purposes of these proposals are to have better educated nurses as many new graduates are lacking in education, not meeting todays current practice demands (Benner, 2009). Registered Nurses are key in direct patient care and coordination of care with other disciplines. In many cases, the nurse is dealing with members of an interdisciplinary team, the majority holding a bachelors/maters level degree or higher. The nurse, frequently the person most directly involved...
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...into college. In 1941. President Franklin D. Roosevelt forbid defense contractors from using racially diseriminatorv hiring nrantices Since then manv nnesidents have made nrders in favna of affirmative action, including Lyndon Johnson, who signed an order requiring government contractors to identify and eliminate any barriers to employment of minorities, and Richard Nixon, who created the Philadelphia order which sets specific goals and timetables for federal contractors to hire minorities reflection the racial makeup of their local area. But when Ronald Reagan became president, he ended affirmative action requirements for federal contractors. Despite his efforts, the Supreme Court endorsed affirmative action programs and recommended the use of racial preferences. Since affirmative action has been enforced, many cases have come to the surface. In the case of Regentenf the university of California v Rakke Allan Rakke a white annlicant was denied twice thought minorities, with lower scores, were accepted. Bakke said judging him based as race was against the Equal Protection clause of the Fourteenth Amendment. Thought the Supreme Court ruled race as a legitimate factor in school admissions, the Supreme Court ruled 5- Al. Another case is the United States vs. Paradise. A federal Court found that the State of Alabama Department of Publie Safety consistently discriminated against hiring Afhean Americans After 12 years and several lawsuits later, the department still has not promoted...
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...Introduction Budget airline industry has been profitable during last decade, and particularly Ryanair, as the largest European budget airline company has been vital in this area. Its success in past, issuses nowadays and importantly the sustainablility has drawn significant attention and offered a great oppourtunity for research. This case study will analysis the budget airline through its business model, evironment and industry and finally focus on Ryanair’s strategy position in order to explore its sustainability in future. The framework is briefly illustrated by following figure. Figure 1: Brief Framework of this Case Study The budget airline business model The first company in history to suggest the budget airline business model to the world was Southwest Airlines (SWA) in Texas, USA. At the beginning of 1970s, this company have launched first flights between three major cities in Texas i.e. Houston, Dallas and San Antonio at a price of 20 dollars, which was initiative at that time. It marked itself as budget airline and initiates a business model allowing it to offer scheduled flights service at a very low fare. It would focus on short-distance flights of typically 600 km or one hour with high traffic efficiency. Many strategic approaches of budget airline business model’s operations differ from the more traditional of full service airlines model. 6 main factors can be identified, which are illustrated in the table below: Budget airline | Full service...
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...Team Debate Paper Stacie Hearne, Manita Johnson, Jessica Lightfoot, and Roy Tucker BCOM/275 October 4, 2012 Kwanis Nelson Debate Team Paper “We hold these truths to be self evident, that all men are created equal, that they are endowed by their creator with certain inalienable rights that among these are Life, Liberty, and the pursuit of happiness.” Gay marriage has become one of the hottest issues in politics. Supporters of gay marriage have compared their struggle for equality to an era when African- Americans were denied their right to vote, some have even argued that to be denied of your right to marry is also a direct violation of your civil rights. Non supporters of gay marriage beliefs are based more from a religious stand point as well personal values. With homosexuality being seen by a vast majority as being immoral and sinful, the biggest argument to date is that many people feel by allowing gay marriage to take place that this will weaken the institution of marriage and family values. On September 21, 1996 both houses of Congress passed the Defense of Marriage Act or DOMA a federal law which defines marriage as a legal union between one man and one woman. This law, signed by then President Bill Clinton denies the rights of same-sex couples to marry. Not only does this law prevent same-sex couples to marry, it also denies these men and women certain monetary benefits such as public employee benefits, social security survivors...
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...The (un)Official United States History Cram Packet This is not intended as a substitute for regular study ……. But it is a powerful tool for review. 1494: Treaty of Tordesillas – divides world between Portugal and Spain 1497: John Cabot lands in North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635:...
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...Case Study Report Historical background of 99 Cents Only Store - One of the leading retailers in the discount sales industry - Opened in 1982 - 232 retail locations in 31-3-2006 - Mostly 164 in California, 36 in Texas, 21 in Arizona, 11 in Nevada - Selling food and beverages, health and beauty aids, cleaning supplies, house wares, hardware, stationary, toys, gifts, pet products and clothing Sources of suppliers - Purchases from over a thousand suppliers - E.g. General Electronic, Colgate-Palmolive, General Mills, Johnsons & Johnson, Protector & Gamble, Kraft, Nabisco, Unilever, etc. Features and practices of the Store - Majority of the products can be restocked regularly. - Close out merchandise, not available for reorder - Special opportunity: cost below wholesale Strategies for keeping down costs of the Store - By using information technology to be enable to grow - Obviously require far more computing power - IT budget : still low level ( not surpass USD 5 million) - Using database management software licenses - Family oriented and run company (Weakness) - Actual cost vs. business value to the company - Change Programming background: programming system as better option - Close out items: 40 % of the product ( flow through the inventory only once) Greatest challenges - Launching the company's new distribution centre in Texas - Tight time constraint - revising the warehouse management system - aggressive growth plans of the company by developing...
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