...stated it doesn’t mean they can be violated; which could mean that as citizens we have rights that the government can’t deny us even though it may not be said in the Constitution. The Fourteenth Amendment guarantees all citizens their rights on both the federal and state level. The closest case to this case at the time was the 1965 case of Griswold vs. Connecticut that dealt with the issue of use of contraceptives and the right of privacy whether a married couple could use them or not. This case turned from being about abortion to a person’s right to privacy similar to the Griswold case. When the case was first filed it was in the U.S. District Court in Texas where the court ruled in Roe’s favor for her merits because it violated her right to privacy but did not do anything to change the abortion laws. The ruling was based on the Ninth Amendment and the rulings from the Griswold case. Although Roe initially won in the district won, she was not satisfied because the abortion laws were still intact so her attorneys made an appeal to the U.S Supreme Court. The Supreme Court took the case but also the Doe vs. Bolton case as well because it related with abortion issues in Georgia. The Court had Chief Justice Warren E. Burger and eight other associate...
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...years the Supreme Court has dealt with some meaningful cases that have shaped the course of this nation. We live in a nation were the Constitution gives us certain liberties such freedom of religion and expression by the 1st Amendment, the right to bear arms by the 2nd Amendment, and the right to a speedy trail by the 6th Amendment. The Court has dealt with cases either philosophically, constitutionally, or both. “ The Supreme Court is distinctly American in concept and function, as Chief Justice Charles Evans Hughes observed. Few other courts in the world have the same authority of constitutional interpretation and non have exercised it for as long or with much influences.” (www.law.umkc.edu/faculty/projects/) One of the biggest delimas the court has faced is the original intent of the Constitution is in such cases as Marbury vs Madison 5 US 137 ( U.S. Supreme Court, 1803 ), and Griswold v. Connecticut 381 U.S. 479 ( U.S. Supreme Court, 1965 ), were originalist argued that courts cannot apply a general right to privacy in a politically neutral manner without protecting all sorts of illegal activities that are done in privacy, such as prostitution. In this paper I will attempt to show how the Court have dealt with the principle of Right to Privacy, active and passive euthanasia, and sanctity of life. I will also attempt to show how the court has dealt with stated principles philosophically and constitutionally. The first principle I will attempt to show how the court dealt with...
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...Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group of religious leaders) Democracy: Power lies in the hand of the people. Basically a representative democracy, meaning we chose the people to make decisions. The dominant form of government today. Totalitarianism: The government was total control. Purpose is to implement the “utopian” society. Neg. side: They have to control everything, takes up a lot of resources. Gov. is inflexible, which leads to destruction of government. Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were...
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...create the Second Bank in the United States"? "The Supreme Court ruled that Congress had the implied powers to create the Second Bank. These powers are given to Congress in Article I, Section 8. The court did rule that the tax in Maryland that the state imposed on banks that were not in any specific state was unconstitutional." "The impact of the ruling of the case McCulloch v. Maryland is that Congress has implied powers given to it by the constitution to put in action the expressed powers in the Constitution." Gibbons v. Ogden 1824 "Does the commerce clause in Article I, Section 8 of the Constitution give Congress the power to regulate parts of commerce"? "The court...
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...nowadays is concerned with the law relating to children. The status of a child, its parentage, and the rights of the child, the child’s welfare and the powers of the state in relation to the child are all central concerns. Family law has a wide and diverse. Some topics will require considerable more time than others. For example, the formalities of marriage, although detailed and rather complex, it should require much less of your time than the law relating to divorce. Family law is a growing body of cases which deals with the incorporation into English law. Family law is one of those fields in which you simply cannot avoid talking about, its those things that are happening in the outside would, economic changes, political changes, the sexual revolution, and so on. (Oxford University Press, 2003). Family law seems to be everywhere today. Abortion remains a litmus rest for political allegiances. Single-sex marriage divides state voters. Child custody cases periodically dominate newspaper from pages, Parents, family experts, and social critics debate the consequences. The only place that family law seems absent is in the history classrooms. Aside from occasional lines in textbooks, students rarely encounter family law as a significant subject or historical inquiry. (organization of American historians 2001). Like the present the...
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...| Abortion vs. Child Birth | An Individual’s Cost and the Cost to Society | | | Abortion vs. Child Birth An Individual’s Cost and the Cost to Society “The ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives.” Justice Sandra Day O’Connor (Boonstra, et al., 2006, p.6) Introduction “A woman typically spends roughly five years pregnant, postpartum or trying to become pregnant and three decades trying to avoid pregnancy.” (Boonstra, et al., 2006 p.6) This is more true today than any other time in history. The role women have played throughout history has been that of nuturer. In society today, she must also be provider. With this added duty placed on her, today’s women have had to adjust. One of these adjustments are the number of children she is willing and able to provide for. Advancements in technology in the past century has enabled her to control this, specifically abortion and the use of contraceptives. Hypothesis Changing roles in the family unit have caused the dynamic to change. Women have become the sole provider to the family in many households forcing them to earn a living as well as take care of the children. Conflicting sets of moral and ethical values within society have made their choices more difficult. By controlling which options she has availible, is society choosing for her? When does a specific...
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...The United State Constitution CJ 310-02 Criminal Law April 7, 2011 In Criminal law, there is an ancient proposition saying,” no crime without law, no punishment without law. That in criminal law is based on the principle of legality. The ancient saying means that no one can be convicted or punished, unless there is a law that defines it’s as a crime. The case of Treva Hughes, Ms Hughes was driving while under the influence. She ran into Ms. Reesa Poole and killing her unborn child and was convicted. The Appeals Court reversed her conviction because the law didn’t give Ms. Hughes fair warning that it included the unborn in homicide stature. An Ex Post Facto Laws criminalizes an act that was innocent when it was committed. It is the clearest example of ex post facto laws, they’re also the rarest. Ex Post Facto also increases the punishment for a crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals...
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...Abortion: A Never Ending Controversy Approximately 205 million abortions occur each year worldwide. Over a third are unintended and about a fifth end in abortion. What is abortion? Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus prior to viability. In other words, it is when a mother decides she doesn’t want to go through with her pregnancy. Abortion in today’s society has become very political. You are either pro-choice, pro-life, and there doesn’t seem to be a happy medium. As we look at abortion and research its history, should it remain legal in the United States, or should it be outlawed, we must consider both points of views. November 14, 1979, with the temperature outside at fifteen degrees, a two pound baby girl was found in a field wrapped up in a wet, dirty, old shirt. The umbilical cord was still attached, and the baby had been aborted twelve weeks prematurely. With little chance of survival, the baby was taken to a medical center. The little girl survived surgery and other efforts to save her. The baby was later adopted by Susan Morrison, one of the nurses who attended to her. The baby was named Christelle, and now she and her mother talk to thousands of people about abortion and the pro-life movement. There are 1,600,000 other abortion stories every year in the United States. “Abortion is the termination of pregnancy after, accompanied by, resulting in, or closely followed by death of the embryo or fetus. Because...
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...When examining the course of history from the 1950s to today it is evident that women made the most progress in attaining individual autonomy equal to that men in their sexual lives (sexuality) and least of a progress when it comes to family life. There are four main sub-topics that regarding women's life that have led to this conclusion and they are family life, including marriage/divorce, and child care; work life; political life (including legal rights); and sexuality and reproduction. "Marriage and the family are the roots of women's oppression" (Women's America, 291). The suburban wife felt alone and was afraid to ask if there was more to life than taking care of the children, shopping for groceries, sponsoring boy scouts and making brownies...she was afraid to ask this because it deviated from so much that she was use to. "By the end of the 1950s, the average marriage age of women in America dropped to 20" (Women's America, 692). The percentage of women in colleges compared to men were dropping at a significant rate. A century before women use to fight for the opportunity to receive a higher education and now they were just going to college to look for husbands. By the end of the fifties the birthdate in the United States had over taken India's. Million have women started to picture their lives as the suburban house wife. Taking the children to school in the station wagon, kissing their husbands good bye in the front of the home as the husbands we going to work, and then...
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...Execs have most knowledge and will be better at at analyzing problems and implementing solutions * Friedman: Execs are not competent to solve moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person” BE INFORMED 3. “In manner reasonably believed to be in best interest of corporation” Comparison to a Professional’s “Duty of Due Care”: 1. Duty of Care 2. Breach of duty of care by a reasonably prudent professional 3. breach causes damages that were foreseeable. 4. Negligence Theory: , Can negligence be criminal—US v Parks case Yes! If informed of an issue, should follow through and ensure action was taken (supermarket example) States’ Differing Public Policy on role of stakeholders in making a decision that is in the best interests of the company * Half of the states say the officers and directors can take into account stockholders and other stakeholders (employees, customers, supplies, communities). * Pennsylvania and Indiana allow officers to place the interests of stakeholders above stockholders Why most companies choose Delaware to incorporate Management friendly. Example: business judgement rule Drucker’s Aristotelian statement--aligning a company’s competencies with societal problem “Organizations have a responsibility to try...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out ...
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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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...California Law Review Volume 57 | Issue 1 Article 1 January 1969 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aaron Eisenberg Follow this and additional works at: http://scholarship.law.berkeley.edu/californialawreview Recommended Citation Melvin Aaron Eisenberg, The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking, 57 Cal. L. Rev. 1 (1969). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol57/iss1/1 This Article is brought to you for free and open access by the California Law Review at Berkeley Law Scholarship Repository. It has been accepted for inclusion in California Law Review by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. California Law Review VOL. 57 JANUARY 1969 Copyright © 1969 by California Law Review, Inc. No. 1 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aron Lisenberg* TABLE OF CONTENTS I A GENERAL THEORY ...... A. ... ............... 4 A NORMATIVE MODEL OF'VOTING RIGHTS IN PRIVATELY HELD CORPORATIONS ....... ................ A NORMATIVE MODEL OF VOTING RIGHTS IN PUBLICLY HELD ................ CORPORATIONS ....... 7 15 B. . ........ 1. Considerations of Public Policy .. (a) "Shareholder democracy ". . .. ........ ... . ......... (b) Client-group participation .. (c) Managerialism .......
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