Limiting Constitutional Rights to Bear Arms
The capital issue in the hypothetical court case detailed within Application 1.2 is the boundaries for limitations on the personal right to bear arms. Those boundaries are unclear in this case, because the defendant is exercising his right to bear arms as denoted within the second amendment to the United States Constitution. However, this person (known as Lloyd) has stockpiled enough arms that his store is dangerous to others living around him, which is why they have sued Lloyd claiming that his actions under the second amendment violate their constitutional rights. Specifically, they are claim Lloyd is infringing their rights outlined in the fifth and ninth amendments to the constitution. The relevance of these amendments to this case is that the fifth amendment states no person should suffer the loss of their life or property, whereas the ninth mandates that rights granted in the Constitution…...
Art of Negotiation
Briefly describe the selected negotiation
The selected negotiation is the United Parcel Service (UPS) strike of 1997. UPS was established in the year 1907 and has since then grown into the biggest provider of package delivery as well as logistic services across the world.
Examine the issues versus the interests of the parties involved. Determine how this difference affected the negotiation
At the time, one of the key business strategies of UPS was to generally employ part-time personnel, which was considerably appealing to young individuals. These personnel were handed work at off-time periods and shifts and they earned wages and benefits negotiated by the workers' union. Nonetheless, part-time employment at the company generated very minimal prospects of progress in work irrespective of the time period one worked as an interim contract employee. By the year 1997, the labor force of UPS was made up of approximately 182,000 part-time employees, who…...
mlaReferences
Moberg, D. (1997). The UPS strike: Lessons for labor; the teamsters clear victory could spur more militancy at the bargaining table. but careful planning, rank-and-file involvement and worker solidarity are key. Working USA, 1(3), 11. Retrieved from http://search.proquest.com/docview/236520886?accountid=45049
Richter, L. (2011). Negotiation Tips for Project Managers: Learning From Historic Cases. Bright Hub Project Management. Retrieved from: http://www.brighthubpm.com/methods-strategies/106943-negotiation-tips-for-project-managers-learning-from-historic-cases/
Spangler, B. (2003). Distributive bargaining. Beyond Intractability. Retrieved from: http://www.beyondintractability.org/essay/distributive-bargaining
Spangler, B. (2003). Integrative or interest-based bargaining. Beyond Intractability. Retrieved from: http://www.beyondintractability.org/essay/interest-based-bargaining
Minor's Constitutional Rights
courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).
The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found no pills,…...
mlaBibliography
Barnes, P. 2009. Supreme Court Rules Strip Search Violated 13-Year-old Girl's Rights. June 26. Accessed Apr 26, 2013. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501690.html .
Bravin, J. 2009. Court Faults Strip-Search of Student. June 26. Accessed Apr 26, 2013. http://online.wsj.com/article/SB124593034315253301.html .
Liptak, A. 2009. Strip Search of Girl Tests Limits of School Policy. Mar 23. Accessed Apr 26, 2013. http://www.nytimes.com/2009/03/24/us/24savana.html?pagewanted=all&_r=0 .
violation of the student's Constitutional rights
The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' order she had to miss all of her other classes for that day. R: The rule is that unlike various state constitutions the federal Constitution does not contain a "right to education." The U.S. Supreme Court addressed itself to this issue in 1973 in San Antonio Independent School District v. Rodriguez. In this decision the U.S. Supreme Court held that education is neither explicitly nor impliedly guaranteed as a "fundamental right" in the U.S. Constitution (Constitutional Requirements Governing American Education -- Federal constitutional Requirements, State Constitutional Issues, Conclusion, p. 1). Therefore, a constitutional right to education of student Li could not have been violated by Mr. Billups. I:…...
Right to Carry Handguns for Self-Protection:
The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry handguns has developed to become one of the major controversial and intractable issues within the social and political environments in the nation. The main reason attributed to the development of this controversial issue is the constitutional provision regarding firearms and the government's responsibility to prevent criminal activities, maintaining order, and safeguarding citizens' well-being. The debate has been characterized by different reasons that have been raised by intellectuals, social activists, and advocates in support and opposition of the controversial issue.
Historical Overview:
The debate regarding the right to carry and keep firearms can be traced to the inception of the gun culture, which explained the affections of American's citizens in adopting and celebrating handguns as part…...
mlaWorks Cited:
Arnold, Larry. "The History of Concealed Carry, 1976-2011." Texas Concealed Handgun Association. Texas Concealed Handgun Association, 25 Feb. 2012. Web. 18 Mar. 2012. .
"THE FACTS: WHY RIGHT TO CARRY IS RIGHT FOR MISSOURI!" MOCCW - The Fight for Concealed Carry in Missouri. MOCCW.org, 9 May 2006. Web. 18 Mar. 2012. .
"National Right to Carry Reciprocity Act of 2012" Introduced in U.S. Senate." USA Carry. USA Carry, 14 Mar. 2012. Web. 18 Mar. 2012. .
"Right-To-Carry 2012." NRA-ILA: Insitute for Legislative Action. National Rifle Association of America. Institute for Legislative Action, 28 Feb. 2012. Web. 18 Mar. 2012. .
ights of Accused
One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.
Origin of the Due Process:
The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the first time with…...
mlaReferences:
Carey, G.W. (2011, October 5). Due Process. Retrieved March 15, 2013, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&loc=r
"Due Process -- Rights of the Accused." (n.d.). The Lawternative -- Your Alternative to High-priced Lawyers. Retrieved March 15, 2013, from http://www.thelawternative.com/index.php/law-library/criminal-dui-law/due-process-rights-of-the-accused
Johnson, B.D. (n.d.). Due Process of Law. Retrieved March 15, 2013, from http://www.jurlandia.org/dueprocess.htm
On this matter, House Democratic Leader Nancy Pelosi stated, "Congressional leaders have no business substituting their judgment for that of multiple state courts that have extensively considered the issues in this intensely personal family matter." (Euthansia and Terri Schiavo b). Federal Judge James Whittemore heard the Schiavo case and ruled on March 22, 2005 that the Schindlers had not established a "substantial likelihood of success" at trial and refused to order the reinsertion of Terri Schiavo's feeding tube. Two days later, the United States Supreme Court would deny the Schindler's request to hear the case. Terri died on March 31, 2005.
This paper has presented only the most noted court rulings and proceedings regarding the Schiavo case. "Nineteen different judges at various times considered the Schindler's request on appeal in six state courts. All have sided with Michael Schiavo" (Euthanasia and Terri Schiavo b). In the absence of a living…...
mlaBibliography
Bush v. Schiavo. http://compassionandchoicesnj.org/papers/schiavo.php
Kollas, C.D. And Boyer-Kollas, B. (2006, October 1). Journal of palliative medicine. 9(5): 1145-1163. doi:10.1089/jpm.2006.9.1145.
Euthanasia and Terri Schiavo. http://www.religioustolerance.org/schiavo4.htm
Euthansia and Terri Schiavo b. http://www.religioustolerance.org/schiavo3.htm
Fact sheet on end-of-life care. American Psychological Association. http://www.apa.org/pi/eol/factsheet1.pdf
Fact sheet on end-of-life care, published by the American Psychological Association discusses the adult's mental health needs near the end of life and the obstacles they confront to having a comfortable death.
Foley, K.M., (1995). Pain, Physician assisted dying and euthanasia. Pain 4, 163-178.
Foley discusses how access to and delivery of pain treatment are seriously deficient in the present health care systems in the United States. The author advocates expanding services and resources to care for the dying patient.
Isaacs, S.L. And Knickman, J.R (1997). To improve health and health care. San Francisco, CA: Jossey ass.
Isaacs and Knickman examine programs of the Robert Wood Johnson Foundation, a health care philanthropy. They reports its history, evaluates its effect, and discusses lessons learned as well as provide a frank discussion of why some problems can't be easily solved.
Langer, G. (2003, March 19). Opposing assisted suicide. AC…...
mlaBibliography
Bernstein, S. (1997, September 30). An act of mercy or murder?
http://www.aish.com/societywork/sciencenature/Doctor-Assisted_Suicide.asp
Bernstein includes opinions (both pro and con) on whether services be available to any patient who is terminally ill and facing certain death within six months.
Coleman, C.H. And Miller, T.E. Stemming the tide: Assisted suicide and the Constitution. http://law.shu.edu/faculty/fulltime_faculty/colemaca/pdf_docs/coleman_miller_watermark.pdf
ight to Privacy, 1st Amendment
The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under the First Amendment.
The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (U.S. Const. amend. I). As stated in the First Amendment, one is given the…...
mlaReferences
Hustler Magazine v. Falwell. (1988). The Oyez Project at IIT Chicago -- Kent College of Law.
Retrieved 7 July 2012, from http://www.oyez.org/cases/1980-1989/1987/1987_86_1278/
Notable First Amendment Court Cases. (2012). American Library Association. Retrieved 7 July
2012, from http://www.ala.org/offices/oif/firstamendment/courtcases/courtcases
Constitutional Democracy / Presidential or Parliamentary System
Social and Economic Sources of Democracy
For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the factors are also indications of other regimes -- fascist and communist -- though as argued by the various papers, there is a distinct difference in the political structures that determine democracies over fascist and communist regimes. Because of the major results created by such factors, the most important sources of democracy would have to be the economic, industrialized, and educational values within the nation.
"The level of economic development, as measured by per capita income, is by far the best predictor of political regimes" (Przeworski). While there appears to be a similarity between the development of economic countries in dictatorships and democracies, Przeworski maintains that a dictatorship eventually dies and paves the way to an inevitable…...
(Samson, 2005, citing NY CPLR 4548 and Cal. Evid. Code 917 (b)) This means that the rationale behind the ruling was not limited to, or based solely in the attorney-client relationship. The court stated that employee awareness was the issue. The dominant considerations were if the corporation maintained a policy banning personal or other objectionable uses of e-mail, explicitly monitored the use of the employee's computer or e-mail, claimed a right of access to the computer or e-mails, or notified the employee, of the use of monitoring policies, all of which would diminish his or her expectations of privacy. (Samson, 2005) in this case, ACG did not demonstrably enforce any of these measures. This meant employees had a right to assume they were engaged in a private and thus privileged communication with their attorneys.
Given this ruling, it is likely that in the future, corporations that wish to have access…...
mlaWorks Cited
Samson, Mark "In re: Asia Global Crossing, Ltd., et al. 322 B.R. 247. Bankr. S.D.N.Y." (March 21, 2005) Internet Library Subject Matter Index. Retrieved 10 Sept 2006 at http://www.phillipsnizer.com/library/cases/lib_case435.cfm
Rowan County, North Carolina had a prayer policy that was aligned with Christian norms as well as the prevailing values of freedom and liberty in the United States. The policy pertained to the opening ceremonies before public meetings, which include the Pledge of Allegiance. During these meetings in Rowan County, individual commissioners were offered the opportunity to pray in whatever manner they preferred, have a moment of silence instead, or abstain from either. No commissioner or member of the public was required to pray; it was a voluntary provision. Yet federal courts recently ruled that Rowan County’s practices violated the First Amendment of the Constitution, particularly the Establishment Clause. The Establishment Clause states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” (“Introduction to the Establishment Clause,” (n.d.). Even a cursory reading of the Establishment Clause shows that prohibiting commissioners from praying during…...
CONSTITUTIONAL LAW AND POLICY FactsAli Hussein Akbar is a Jordanian citizen who was captured abroad and imprisoned as an enemy combatant at Balad Air Base in Iraq. Balad Air Base is controlled by U.S. military forces. Mr. Akbar filed a writ of habeas corpus, claiming that although he was given the status of enemy combatant, the U.S. had not yet filed formal charges, had not allowed him an opportunity to answer any charges, had not given him assistance of counsel, and had no opportunity to be head before a neutral tribunal. The United States Army, along with the D.O.J., filed a motion to dismiss the habeas corpus petition.IssueWhether Mr. Akbar, a non-U.S. citizen enemy combatant, is entitled to be heard on a habeas corpus petition?RuleAlien enemy combatants have the right to be heard on a habeas corpus petition if (1) their designation as enemy combatant lacked sufficient process; (2) the…...
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution, 11…...
The first argument would be to point out that essentially, the right to bear arms is an individual right that can be exercised by any member of the civil society. In so doing, an individual is merely accomplishing a right that is rightfully his/hers from the beginning. The second main argument to be pointed out is that gun ownership does not necessarily translate to its improper use, posing as a threat to civil society. The legislative system has created a system that eliminates the occurrence of improper or inappropriate gun use, to prevent this threat from happening. Given these existing arguments for gun ownership, both anti-gun ownership groups and the general public would hopefully subsist to the view that indeed, exercising the right to bear arms is a privilege that will ensure the citizen of his/her safety and precaution against deviants in the civil society....
Thesis Statement:
The Lack of Police Equity in America: Historical Context, Current Manifestations, and the Urgent Need for Comprehensive Reform
Introduction:
Police equity, a fundamental principle of a just and democratic society, entails the fair and impartial treatment of all individuals by law enforcement agencies. However, the reality of policing in America falls short of this ideal, with a long history of racial profiling, excessive force, and discriminatory practices. This thesis will delve into the historical context of police inequity, its current manifestations, and the urgent need for comprehensive reform to ensure equal justice under the law.
Historical Context:
The roots of police inequity in....
I. Introduction
A. Brief explanation of physician-assisted suicide (PAS)
B. Importance of the topic
II. Background
A. Historical context of PAS
B. Legal status of PAS in different countries
III. Arguments in Favor of Physician-Assisted Suicide
A. Autonomous decision-making
1. Patient's right to choose
2. Respect for individual autonomy
B. Alleviating suffering
1. Relief from unbearable pain
2. Improving quality of life
IV. Ethical Considerations
A. Medical ethics
1. Beneficence and non-maleficence
2. Respect for patient's autonomy
B. Religious and cultural beliefs
1. Views on the sanctity of life
2. Impact of diverse beliefs on PAS acceptance
V. Arguments against Physician-Assisted Suicide
A. Slippery....
Arguments for stricter gun control legislation:
1. Reducing gun violence: Stricter gun control measures, such as background checks and waiting periods, can help prevent individuals with a history of violence or mental illness from obtaining firearms, thereby reducing the number of mass shootings and gun-related deaths.
2. Public safety: By implementing stricter regulations on gun ownership and access, the overall safety and well-being of the public can be enhanced, as it reduces the likelihood of gun accidents, suicides, and violent crimes.
3. Second Amendment: Advocates for stricter gun control legislation argue that it is possible to uphold the Second Amendment while still enforcing....
Police training can have a significant impact on reducing incidents of excessive use of force by providing officers with the knowledge, skills, and tools they need to effectively and safely de-escalate tense situations. Training in areas such as crisis intervention, conflict resolution, cultural competency, and ethical decision-making can help officers better understand and navigate complex situations without resorting to excessive force.
Additionally, ongoing training and reinforcement of departmental policies and procedures can help reinforce the importance of using only necessary force in a given situation. By providing officers with the necessary training and support to make informed, ethical decisions in the....
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