She has the right to call witnesses on her behalf and have them testify for her and she has the right to face and question any witnesses that are brought forth by the opposition.
There are several possible alternative solutions to this problem. The first solution is that the girl can be grandfathered in. Being grandfathered in means that a situation existed before a particular situation was decided upon. In this case the girl had the tattoo long before the decision was made to seek out and stop gang symbols. If she was grandfathered in it would mean that her tattoo would be ignored because she had it on her hand before the new rules applied.
Another possible alternative solution would be to have the student cover her tattoo when she was in school. Many times businesses will ask their teen employees to cover any facial piercing that they may have. One…...
mlaWorks Cited
BETHEL SCHOOL DISTRICT NO. 403 ET AL. v. FRASER, a MINOR, ET AL.
SUPREME COURT of the UNITED STATES
478 U.S. 675
July 7, 1986, Decided
T.C. Memo 2010-54: The court decision located at T.C. Memo 2010-54 is that of David J. And Letitia B. Crawford v. Commissioner of Internal evenue, appearing as the petitioners and respondent respectively.
The Court that Heard the Case: The United States Tax Court. This particular court according to aabe, Whittenburg, Sanders, Sawyers, and Gill (2011) hears and determines Federal tax cases. In the words of the authors, "its jurisdiction is limited to cases concerning the various Internal evenue Codes and evenue Acts that were adopted after February 26, 1926" (aabe et al., 2011, p. 156).
The Judge(s): B.L. Garber
Case Decided on: March 22, 2010
Issues Involved:
The respondent in this case discovered a deficiency of $2, 230 in the Federal income tax of the petitioners for the year 2006 (U.S. Tax Court, 2010). As the court further points out, the deficiency was, essentially, "attributable to the respondent's disallowance of David J. Crawford's (Petitioner's) deductions…...
mlaReferences
Raabe, W., Whittenburg, G., Sanders, D., Sawyers, R., & Gill, S. (2011). Federal Tax Research (9th ed.). Mason, OH: Cengage Learning.
United States Tax Court. (2010). David J. And Letitia B. Crawford Petitioners v. Commissioner of Internal Revenue, Respondent. Retrieved from http://www.ustaxcourt.gov/InOpHistoric/craw3ford.TCM.WPD.pdf
S. Supreme Court might have held the status of this particular land and the resulting court decision to different standards and might have even reversed decisions of law however, the failure of this point to be addressed in the previous petition barred this point from being addressed by the court in the latter decision.
ibliography
City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the United States Court of Appeals for the Second Circuit. NO. 03-855. Argued January 11, 2005 - Decided March 29, 2005. Online available at http://a257.g.akamaitech.net/7/257/2422/29mar20051045/www.supremecourtus.gov/opinions/04pdf/03-855.pdf.
Grant, Alexis (2006) Indian Sovereign: Taxation Without Reservation. Medill News Journalism Service. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/001406.php.
Labor Law Talk (2007) City of Sherrill, New York v. Oneida Indian Nation. Legal Information Institute. Law ulletin. Cornell University. Online available at http://www.laborlawtalk.com/showthread.php?t=111900.
Sherrill, NY V. Oneida Indian Nation of New York, et al. (2006)…...
mlaBibliography
City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the United States Court of Appeals for the Second Circuit. NO. 03-855. Argued January 11, 2005 - Decided March 29, 2005. Online available at http://a257.g.akamaitech.net/7/257/2422/29mar20051045/www.supremecourtus.gov/opinions/04pdf/03-855.pdf.
Grant, Alexis (2006) Indian Sovereign: Taxation Without Reservation. Medill News Journalism Service. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/001406.php.
Labor Law Talk (2007) City of Sherrill, New York v. Oneida Indian Nation. Legal Information Institute. Law Bulletin. Cornell University. Online available at http://www.laborlawtalk.com/showthread.php?t=111900 .
Sherrill, NY V. Oneida Indian Nation of New York, et al. (2006) Medill Journalism. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/000862.php.
The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board of Trustees of the University of Alabama v. Garrett (2001), in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal…...
mlaReferences
GONZALES V. OREGON (04-623) 546 U.S. 243 (2006) 368 F.3d 1118. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/04-623.ZS.html
TENNESSEE V. LANE (02-1667) 541 U.S. 509 (2004) 315 F.3d 680. Retrieved March 26,
2011, from Web site: http://www.law.cornell.edu/supct/html/02-1667.ZS.html
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…...
mlaReferences
Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site: http://www.rgj.com/article/20070119/NEWS/70119007 .
Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.
Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site: http://www.iii.org/media/hottopics/insurance/test1/ .
Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site: http://www.interfire.org/features/legalview.asp?date=12142007 .
Components of this act that have been targeted towards advanced nursing practitioners include a lifting of the limits for how much money can be spent on doctoral programs for nurses (No author, 2011). Most advanced practice nurses have a master's degree; the removal of the cap for funding for doctoral programs will almost certainly allow these professionals to complete more doctoral degrees, increase their breadth of knowledge, and provide better service for patients and assistance to health care professionals.
The Affordable Care Act will indirectly affect physicians by providing them an influx of trained nursing professionals, many of whom will have increased responsibilities due to the aforementioned changes regarding loans and the pursuit of advanced degree. The uniformity of the health care coverage provided by this act will lower the burden of uncompensated care on the part of doctors (No author, 2012), who can rest assured that there will be…...
mlaReferences
HRSA Press Office. (2011). "News Release." U.S. Department of Health and Human Services.
No author. (2012). "Health Care Providers and the Affordable Care Act." HealthCare.gov. Retrieved from http://www.healthcare.gov/news/factsheets/2010/07/health-care-providers.html
No author. (2011). "Health care reform law begins to have effect on nursing." www.rwf.org. Retrieved from http://www.rwjf.org/content/rwjf/en/about-rwjf/newsroom/newsroom-content/2011/03/health-care-reform-law-begins-to-have-effect-on-nursing.html
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…...
mlaWoodson v. North Carolina, 428 U.S. 280, 322 (1976).
Woodson v. North Carolina, 428 U.S. 280, 299 (1976).
Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).
U.S. v. Alvarez-Machain (1992) Supreme Court Decision
Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the implications of which are still being felt. Small wonder, therefore, that the Court's majority (6-3) decision was considered unjust by international human rights organizations and even by three of Supreme Court's own judges, led by Justice Stevens, who dissented strongly. I agree with Judge Steven's dissenting opinion for the reasons explained in this essay.
Strange Logic:
As pointed out by Justice Stevens in his dissenting opinion, allowing kidnapping of people from the territory of a foreign country, just because there is no express provision disallowing such an act in a treaty, is strange logic. By an extension of this logic every act, whether legal or illegal, moral or immoral, not mentioned in a particular…...
mlaWorks Cited
"ACLU Joins Landmark International Human Rights Cases Before the U.S. Supreme Court." ACLU Website. March 29, 2004. June 10, 2005. c=261http://www.aclu.org/court/court.cfm?ID=15326& ;
'United States v. Alvarez-Machain, 504 U.S. 655 (1992) in the U.S. Supreme Court" FindLaw Website. 1992. June 10, 2005. vol=504& invol=655http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us& ;
Chief Justice Rehnquist delivered the opinion of the Court, in which Justices White, Scalia, Kennedy, Souter, and Thomas, joined. Justice Stevens filed a dissenting opinion, in which Justices Blackmun and O'connor, joined.
Decisions of ehnquist & Warren
The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts. These three courts have changed the legal landscape in the cases involving criminal procedure and, in the process; have created a great deal of controversy (Bloom, 2010).
The application of the Bill or ights to the states has been an acrimonious issue in the U.S. Supreme Court for a number of years. It all began when the Warren Court began applying the Fourth, Fifth, and Sixth Amendments directly against the states, under a doctrine that became to be known as selective incorporation. The Warren Court used the selective incorporation method to apply…...
mlaReferences
Arizona v. Evans, 514 U.S. 1 (U.S. Supreme Court March 1, 1995).
Atwater v. City of Lago Vista, 532 U.S. 318 (U.S. Supreme Court April 24, 2001).
Bloom, R.M. (2010). Cases on Criminal Procedure. Riverwoods, IL: CCH .
California v. Minjares, 443 U.S. 916 (U.S. Supreme Court August 22, 1979).
Court Service Management
How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?
The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)
However, the courts will be impacted by these changes to a certain extent. This will occur on the…...
mlaReferences
Glannon, J. (2008). Civil Procedures. Frederick, MD: Kluwer Law.
Howard, J. (1999). The Shifting Wind. Albany, NY: SUNY Press.
Koopmans, T. (2003). Courts and Political Institutions. Hoboken, NJ: Wiley.
Lane, S. (2012). Highway 420. Staten Island, NY: Sandi Lane.
Court System
The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the Constitution…...
mlaREFERENCES
Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,
CA: Wadsworth/Cenage.
Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook
Exchange.
Decisions by School Superintendents
Improper Attitude and Unprofessional Conduct of Teachers
To educate a person in mind and not in morals is to educate a menace to society - President Theodore oosevelt.
That teaching is at one and the same time an intellectual as well as a moral endeavor, is an idea that is well entrenched in the minds of men since centuries past. The sayings of great teachers of ancient times bear ample testimony to this premise, which continues to hold sway across nations and vastly differing civilizations over the years.
In the sense that it takes care of the general well being of young students entrusted to the care of an educational institution and ensures that they are treated fairly and accorded the respect they are due as persons, teaching is most certainly a moral activity. It is concerned with building and maintaining relationships of trust with pupils and colleagues in schools…...
mlaReferences
Anderson, D.S., & Biddle, B.J. (Eds.) (1991). Knowledge for Policy: Improving Education through Research. New York: The Falmer Press.
Ave, M. (2002, April 24). Jesuit High teacher fired amid misconduct claim. Retrieved December 19, 2002 at http://www.sptimes.com/2002/04/24/TampaBay/Jesuit_High_teacher_f.shtml .
Barth, R.S. (1990). Improving schools from within. San Francisco: Jossey-Bass Publishers.
Benson, P. (1997). All Kids Are Our Kids: What Communities Must Do To Raise Caring and Responsible Children and Adolescents. San Francisco: Jossey-Bass.
DECISION -- S & MAPE vs. UNITED KINGDOM
The cases of S & Marper v United Kingdom involved the claims of two individuals that their rights had been violated by the retention of their fingerprints and identifying DNA material by police after their exoneration from the criminal charges against them. The bases of their claim was that: (1) Section 1 of Article 8 of the European Convention on Human ights (ECH) guarantees that "Everyone has the right to respect for his private and family life, his home and his correspondence" and that Section 2 of Article 8 prohibits any "interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the…...
mlaReference
The Economist (December 4, 2008). DNA and human rights -- "Throw it out: A court decision limits the scope of police DNA databases." Accessed online:
Winship was decided by the Burger Court in 1970, Docket number 778. The case involves a twelve-year-old boy, Samuel Winship, who was arrested for stealing $112 from a woman's locker. Section 744(b) of the New York Family Court Act provided that determination of a juvenile's guilt differs from an adult defendant, requiring only a "preponderance of evidence" and not evidence "beyond a reasonable doubt." Based on the "preponderance of evidence" clause, the Family Court initially found Winship guilty, "despite acknowledging that the evidence did not establish his guilt beyond a reasonable doubt," ("In Re Winship"). Winship appealed, and the appeal was rejected and later sent to the Supreme Court, which granted certiorari and deemed "preponderance of evidence" methods unconstitutional based primarily on the Fourteenth Amendment due process clause.
The outcome of the case strengthens the burden of proof requirements for all criminal cases, juvenile or not. However, juvenile defendants are particularly…...
How does a court system cope with a “changing of the guard” when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?
The best coping technique is instituting a system characterized by power separation. Accountability may be attained within the domain of administrative rulemaking by means of various institutional plans and practices. One may perceive bureaucratic accountability to be a classic agent-principal issue. Governmental cabinets, rather than parliaments, form the main bureaucratic controllers, being ideally positioned, owing to their central location in administration as well as legislative politics, to guarantee that implementation will be governed by the very political agenda that drives lawmaking. Ministerial workers are answerable, via a hierarchical command chain, to the Prime Minister, other ministers, the cabinet, and a coalition or the majority party. Thus, whilst drafting regulations, the very politicians responsible for…...
1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....
Recent Supreme Court decisions have had a significant impact on the criminal justice system in the United States. Some key ways these decisions have influenced the system include:
1. Limits on police power: The Supreme Court has issued rulings that place limits on police power, such as requiring warrants for certain types of searches and seizures or restricting the use of certain interrogation techniques.
2. Sentencing reform: The Court has made decisions that impact sentencing practices, such as ruling that mandatory minimum sentences are unconstitutional or limiting the use of juvenile life without parole sentences.
3. Reform of the bail system: The Court....
Recent Supreme Court Decisions and Their Impact on the Criminal Justice System
The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.
Miranda Rights and Police Interrogations
Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....
1. The effectiveness of the death penalty as a deterrent to crime
2. The ethical considerations and moral implications of the death penalty
3. The impact of the death penalty on families of victims and the families of those executed
4. The costs associated with the death penalty compared to life imprisonment
5. The disparities in the application of the death penalty based on race, class, and geographical location
6. The potential for wrongful convictions and the risk of executing innocent individuals
7. The role of mental illness and intellectual disability in death penalty cases
8. International perspectives on the death penalty and its place in global....
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