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Essays 211 - 240

Declaration of Independence's Unfulfilled Promises

Thurgood Marshall, for example, minced no words about his feelings about the Declaration and the Constitution in his 1987 work, "A...

Active Political Actor of the Canadian Supreme Court

consider how the separation of the powers may be seen as developing in Canada as the system under which the Supreme court operates...

Supreme Court and Commercial Speech Issues

concept refers to the rights of businesses to advertise in any manner that is not in opposition to laws requiring truth in adverti...

Hugo Black

States had boundaries over which he was not permitted to cross. This, however, was not immediately evident when Truman "ordered s...

Bench Memorandum Example

A grade. However, after this grade was awarded there were complaints from parents to the school principle; Principle Skinner. Foll...

General Motors v. Romein Analysis

Marx would say that the world is reduced to work for hire with no creativity. Durkheim would say that the world was reduced to not...

Legal Cases that Change Society

considered right to life, as well as an individuals right to choose. The Court elected not to address the right to life issue, fo...

'Arbitrary' Capital Punishment?

in todays society, the very foundation upon which it was originally created - to dissuade deviant social behavior - has continued ...

Legality of Searching Public Schools at Random

in-hand information. The second level addresses the reasonableness of the search itself and the methods used to conduct the search...

Korematsu v. United States and an Assessment of the Patriot Act

them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antago...

Brown v. Board of Education Summarized

In another case, heard twelve years later, the Supreme Court it approved a Mississippi statue that had required segregation on int...

Equal Protection Clause Application and Different Approaches

according to this position. At the same time, homosexuals argue that they should receive protection because their lifestyle is dif...

Miranda v Arizona, Implications for Law Enforcement

system of checks and balances in the national government the framers divided the duties of the government into three sections. Th...

Representation and US Voting Rights

the Florida recount), the Court ruled that the "individual citizen . . . has no federal constitutional right to vote for electors ...

Arguing Against Nurses Participating in the Death of Patients and the Christine Busalacchi Case

Rural Nurses, represented by registered nurse and practicing attorney Jacqulyn Hall, filed an amici curiae (friends of the court) ...

The Implications and Impact of Eminent Domain

is expected to result in a greater benefit to the community as a whole, is not a violation of the Fifth Amendment of the Constitut...

Widmar v. Vincent and Free Speech

an issue that directly impacted on Cornerstone, but could equally impact on any religious group wanting to use any public grounds,...

Supreme Court Decision Making and the U.S. Constitution

did not take the same stance as Olsen, commenting that the First Amendments free exercise of religion guarantee "does not require ...

Court Administration Issues

family reasons (United States: Rehnquists legacy, 2005). If either of these justices retire, the country, President George W. Bush...

Legal Brief on United States v. Sioux Nation of Indians

should be awarded the equivalent of funds equal to the obligation from 1877 through the present plus interest. That is exactly wha...

Supreme Court Judicial Nominations and Traditional Values

law and serve as final interpreters of that law. Our concept of the United States, of course, is inextractibly tied with th...

Legal Brief and Summary of Gideon v. Wainwright

forma pauperis, which means that the usual fees for filing such a petition were waived. Issue The question before the Court in G...

Social Belief Systems and the Impact of Roe v. Wade

disingenuous. Yet, that is a valid view. Some people believe that abortion is not good. It is not healthy and impinges on some rel...

Widmar v. Vincent

This case involves the rights of a registered student religious group to use the facilities of the University of Missouri, facilit...

Educational Law, Cases, and Issues

school district and some question as to whether the deletion of information resulted in a violation of student rights. The United...

John Roberts' U.S. Supreme Court Confirmation Battle

on the bench, he needs a majority vote in the Senate. Therefore, his views are very important. Based on past decisions and stateme...

Summary of the Case of Employment Division v. Smith

and two only ("Employment Division, Ore. Dept.," 1990). They did not concur with the judgment and Blackmum as a result filed a dis...

Chief Justice John Marshall's Supreme Court Influence

found in the Constitution are specific and straightforward as well; however, many are not ("Marbury," 1992). Much is up to the cou...

Law and Crime Scene Investigation

blood to Clyde Stevens. On the basis of this and associated evidence from the Stevens and Ellis residences, an arrest warrant is i...

Stop, Frisk, and Exigent Circumstances

to burglarize it. One man went back and forth to the subject stores window and peered in an estimated twenty times, each time ret...