...Supreme Court’s ruling seven to two on January 22, 1973 Roe v. Wade. The abortion is a fundamental right to every woman (procon.org, 2013). According to the U.S. News website “Support for the ruling has grown since polls began tracking public opinion on abortion in 1989, with 70 % of Americans now believing the ruling should stand” (Debate club, 2013 Should Abortion be Legal, para 1). Whether people are for it or against it, there are many reasons and justifications for why it should remain legal as well as many other reasons for why it should not be. For example, in the case of a late term abortion, rape, unfit mother who may be using drugs, or life and death risk of the mother or child. Prochoice groups argue that abortion is a right that should not be control by government or religious authority. Pro-life groups give emphasis to personhood and that it begins at conception. Unborn babies are human beings with the right to live, and it is immoral to kill innocent human being. Through the research and study pros and cons of abortion, the legal ramifications, and the effects it may have on women and the unborn child will be discuss to determine if abortion should it remain legal. Life Starts at Conception After the Roe v. Wade case, two main groups emerged, Pro-life to oppose the Court’s decision about abortion and Pro-choice to support the Court’s decision in giving the woman the right to choose to end an unwanted pregnancy. Pro-life supporters believe human life starts at conception...
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...Surrogacy is when another woman carries and gives birth to a child for another individual. Though it can be an emotionally intense and legally complex arrangement, it is growing in popularity among parents as a way of having children. Having another woman bear a child for a couple to raise, usually with the male half of the couple as the genetic father, is referred to in antiquity. Babylonian law and custom allowed this practice and infertile woman could use the practice to avoid a divorce, which would otherwise be inevitable. One well-known example is the Biblical story of Sarah and Abraham, a nomadic Hebrew couple unable to conceive. Sarah offered her Egyptian slave Hagar as a surrogate, but later drove her away from the camp when Hagar became impudent during pregnancy. Hagar fled to Egypt, where an angel told her that her son Ishmael would become a leader amongst the Hebrews; she subsequently returned to Sarah and Abraham. Surrogacy requires a lot of time, money and patience to succeed, whether it's carried out privately or through an agency. But it can bring happiness to all concerned if the medical, legal, financial and emotional aspects are properly considered. Why choose surrogacy Someone may choose surrogacy if one can't carry a pregnancy, perhaps because: * Have had recurrent miscarriages. * Have a health condition which makes pregnancy and birth dangerous. * Uterus (womb) is abnormal or absent, whether since birth or after a hysterectomy. *...
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...Security Issues in Legal Context Discussion 5.1: Privacy in the Workplace The Children's Online Privacy Protection Act, which went into effect date, April 21, 2000, affects U. S. commercial Web sites and third-party commercial Web sites that schools permit their students to access. "COPPA requires "operators of websites or online services directed to children and operators of websites or online services who have actual knowledge that the person from whom they seek information is a child (1) To post prominent links on their websites to a notice of how they collect, use, and/or disclose personal information from children; (2) With certain exceptions, to notify parents that they wish to collect information from their children and obtain parental consent prior to collecting, using, and/or disclosing such information; (3) Not to condition a child's participation in online activities on the provision of more personal information than is reasonably necessary to participate in the activity; (4) To allow parents the opportunity to review and/or have their children's information deleted from the operator’s database and to prohibit further collection from the child; and (5) To establish procedures to protect the confidentiality, security, and integrity of personal information they collect from children. Non-profit sites are not included in the act; however, many are voluntarily complying. The Children's Internet Protection Act went into effect April 20, 2001...
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... A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether...
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...State University The paper is not be used for any purpose other than illustration for students in the class!!! Social Justice versus Criminal Justice Appalachian State University Social Justice versus Criminal Justice In this paper I will discuss how different aspects, policies, and procedures of the United States criminal justice system are inconsistent with the principles of social justice posited by John Rawls and David Miller. The criminal justice system does not promote socially just outcomes or practices. First of all, the criminal justice system is not really a system at all; it is a network. Second, criminal justice places greater emphasis on crime control, rather than due process rights. Our system encourages punishment rather than rehabilitation. Finally, criminal justice policies such as the death penalty and the war on drugs reflect prejudices within the system, resulting in unequal treatment. Before beginning to explain these flaws within criminal justice, I will first define social justice and explain the essential social justice principles suggested in Rawls and Miller’s theories. Social Justice Justice is based on two supposedly equal conceptions. First, guilty offenders are held accountable for their actions and second, that criminal justice processes are implemented fairly, without being affected by personal bias. In order for justice to occur, a balance must be achieved between the crime victim and the offender’s...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...Journal for Critical Animal Studies, Volume 10, Issue 2, 2012 (ISSN1948-352X) Beyond Dehumanization: A Post-Humanist Critique of Solitary Confinement Lisa Guenther Abstract What does it mean to be treated like a nonhuman animal? In this paper, I analyze the discourse of “dehumanization” in Madrid v Gomez, a 1995 Eighth Amendment case concerning the treatment of prisoners at California’s Pelican Bay Supermax Penitentiary. I argue that the language of dehumanization fails to describe the harm of solitary confinement because it remains complicit with a hierarchical opposition between human and nonhuman animal that rebounds against prisoners, especially those who have been racialized and/or sexualized as less than human. Humanist discourse neglects the sense in which both human and nonhuman animals are affective, corporeal beings who rely upon the support of others for their own capacity to orient themselves within a mutually-perceived world. Drawing on the testimony of inmates in solitary confinement, and situating this testimony in relation to the political and scientific history of US incarceration practices, I develop a post-humanist critique of solitary confinement. Keywords: Solitary confinement, sensory deprivation, intercorporeal Malebranche would not have beaten a stone as he beat his dog, saying that the dog didn’t suffer. Merleau-Ponty, Nature, 166 Certain carceral practices are often condemned – both by prisoners and by their legal or political advocates –...
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...CREED CASE LAW REVIEW May 2012 INTRODUCTION When the Ontario Human Rights Code became law in 1962, creed was one of the original grounds of discrimination. This was likely to deal with the fact that at the time, there was significant overt discrimination against religious minorities. Over time, Canada’s legal and societal approach to creed rights has evolved significantly. However, it continues to be one of, if not the, most complex and controversial area of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter...
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...Preface There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead...
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...CHAPTER 7 DEVIANCE AND SOCIAL CONTROL Deviance 171 Social Policy and Social Control: Illicit Drug Use in Canada and Worldwide 193 What Is Deviance? 171 Explaining Deviance 175 Social Control 182 Conformity and Obedience 182 Informal and Formal Social Control Law and Society 186 Crime 185 187 Types of Crime 188 Crime Statistics 190 The Issue 193 The Setting 193 Sociological Insights 193 Policy Initiatives 193 Boxes RESEARCH IN ACTION: Street Kids 183 sOCIOLOGY IN THE GLOBAL COMMUNITY: Singapore: A Nation of Campaigns 186 TAKING SOCIOLOGY TO WORK: Holly Johnson, Chief of Research, Canadian Centre for Justice Statistics, Statistics Canada 192 Cigarette smoking has become stigmatized in Canada. This newspaper advertisement, sponsored by Health Canada, reverses the typical advertising strategy of equating smoking with sexiness. 169 H eidi Fleiss was in her late twenties when she was arrested for operating a call girl service. At the time, her pediatrician father had reacted flippantly, “I guess I didn’t do such a good job on Heidi after all.” Later, he would be convicted of conspiring to hide profits from his daughter’s call girl ring. Fleiss had dropped out of school when she was sixteen and established a liaison with a playboyfinancier who gave her a Rolls-Royce for her twenty-first birthday. In her early twenties, Fleiss interned in the world of prostitution by working for Madame Alex (Elizabeth Adams)...
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...Tutsis. The trial court chamber of three judges, two men and one woman, had an unprecedented opportunity to clarify whether rape during internal armed conflict constitutes genocide as well as a crime against humanity. Nongovernmental organizations worked to "engender" the Tribunal while holding accountable the Hutu leaders who orchestrated genocide. The critical 1998 verdict influenced states negotiating improved standards for the prosecution of sexual violence and the creation of a permanent International Criminal Court. "Rape and Genocide in Rwanda" addresses current issues of international law, human rights, women in politics, African Studies, judicial procedure, legal and moral reasoning. RAPE and Genocide IN RWANDA: The ICTR’s Akayesu Verdict CASE OUTLINE I. An Unprecedented Opportunity Glossary and Map II. Prior Responses to Sexual Violence in War A. From “Time Immemorial” to 1948 B. From the 1949 Geneva Conventions to an International Criminal Court III. Genocide In Rwanda A. A Colonial Legacy of Ethnic Division B. Mass Killing, Rape and the 1994 U.N. Withdrawal IV. The U.N. Creates a Criminal Tribunal for Rwanda V. The Trial of Jean-Paul Akayesu Trial Chronology and Key Individuals VI. Issues for Judgment A. Threshold Requirements B. Distinctive Crimes? VII. The ICTR’s Akayesu Verdict A. The Decision and Rationale B. Issues on Appeal Akayesu’s Right to Counsel and...
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...majority of Kenyans rarely follow the succession act, and instead transmission of land rights upon death is undertaken within customary and religious systems which discriminate against children and women. Such systems also rarely leads to legal and documented land tenure security, hence further complicating the chances of the future generations to access secure land. Many Kenyans perceive the legal land succession process as tedious, complex, inaccessible and expensive. This has made the majority of Kenyans to live on land for which they don’t have a title. The government and other stakeholders in land have for some time now been pre-occupied with finding ways of making the land succession process easier, cheaper and more accessible to the majority of Kenyan especially those living in rural areas. In the National Land Policy the government undertook to: 1. Sensitize and educate Kenyans on the provisions of the law of succession Act; 2. To expedite the application of the law of succession Act; and 3. To require that all Kenya Gazette notices pertaining to succession cases be posted at the lowest local administrative level and at market centres. 1.2: Purpose and Objectives of the study Land succession which is referred to as transmission in the Kenyan land act of 2012, is one of the most common methods of accessing land in Kenya. Succession is based on the traditional right to inherit property between...
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...The Hunger Games: Action-film feminism is catching fire Lisa Schwarzbaum Burning up Jennifer Lawrence’s Katniss Everdeen is both strong and vulnerable – a new kind of action heroine who has powered The Hunger Games: Catching fire to a $158m US debut. (Lionsgate) Jennifer Lawrence’s Katniss Everdeen is a new type of female action film icon, and moviegoers should be very excited about that, writes Lisa Schwarzbaum. As Catching Fire ignites on movie screens around the world, this is what we know about the 21st Century heroine called Katniss Everdeen: she is strong but also soft. She is brave but she has doubts. She is a phenomenal fictional creation, yet is real enough that moviegoers can draw inspiration from her values, her resourcefulness, and her very human inner conflicts. And she is played by Jennifer Lawrence, who appears not only to be handling her current duties as Hollywood’s finest model of well-adjusted millennial female stardom but doing so with charm. Everdeen and Lawrence: golden girls both. Personified in Lawrence’s lithe movements and cool, focused gaze, Katniss is a brave, resourceful and independent-minded fighter; but she is also a troubled and vulnerably guilt-ridden human being. Nina Jacobson, the producer of the Hunger Games film franchise, puts it this way: “She is a singular heroine in that the burden of survival weighs on her. She has a ton of survivor’s guilt. And she keeps surviving.” Girl on fire It is strange that behaving like a well-adjusted...
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...Bodies ALICIA OUELLETTE* INTRODUCTION....................................................................................................... 956 I. SCULPTING, SHAPING, AND SIZING CHILDREN: FOCUS CASES.............................. 959 A. WESTERNIZING ASIAN EYES..................................................................... 960 B. HORMONES FOR STATURE ........................................................................ 961 C. LIPOSUCTION ON A TWELVE YEAR OLD.................................................... 963 D. GROWTH STUNTING ................................................................................. 964 II. THE LAW, MEDICINE, PARENTAL RIGHTS, AND CHILDREN’S BODIES ................. 966 A. BACKGROUND LAW ................................................................................. 966 B. APPLICATION IN SHAPING CASES .............................................................. 969 C. ROOM FOR REGULATION .......................................................................... 971 III. WHAT IS REALLY WRONG WITH MEDICAL AND SURGICAL SHAPING OF CHILDREN? ............................................................................................................ 973 A. THE NONSUBORDINATION PRINCIPLE AS A LIMIT ON INDIVIDUAL RIGHTS 974 B. CHILDREN AS PERSONS, PARENTAL RIGHTS ............................................. 977 C. MEDICAL AND SURGICAL SHAPING OF CHILDREN IS DIFFERENT ............... 981 IV. CONCERNING THE CHILD: ANOTHER VIEW OF PARENTHOOD ...........
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...Legal Methods Outline How a Dispute Becomes a Case (16-29) I. Cases A. Procedural Posture: The movement of the case and the legal issues they hinge on. II. Reversing v. Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue. 1. Res judicata - important in federal system of both state and federal courts because stops state court losing and then going to federal courts for the same issue. B. Stare Decisis – Requires following “the law,”/rule laid down by another case. 1. Appellate courts create stare decisis through opinions. 2. Law of the case – requires same defendant in every case. If the plaintiff wins, then those who come after can use it as well. A Case Timeline I. First Step - Is there a case? A. Is there a reasonable claim or cause of action? Is there a legal right for a remedy? – is this a question of “law”? – If no cause of action, then can’t be a case, but can be settled or just be dropped B. Can the individual prove by a preponderance...
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