The Duty Of A Person Hospitalized

The Duty Of A Person Hospitalized
In Ohio, a way to gain immunity from law suits would be to have a person hospitalized. O.R.C Chapter 5122 grants complete immunity to anyone in the
helping industry, community health service providers etc. that act in good faith, by obtaining the information confidentially whether you are
discharging or admitting someone in the hospital, or receiving court ordered treatment placements, you are free from liability based on this chapter
(Ohio Revised Code Section 5122.34).
The duty to warn is imposed by the clinician by what they know or should know about the client that they assumed responsibility for. This awareness,
or lack thereof, can be found in the notes they take, by the patience history or even by the patience own admittance. Once the clinician is aware that the
client is a potential harm to himself or others he must move in good faith to try to defuse the situation. It could mean notifying police, hospitalization
for the client, continued counseling or medication and finally notifying those in potential danger. (Estates of Morgan v. Fairfield, Family Counseling
Center, 77 Ohio St. 3d 284, 1997.) These steps can save the counselor from potential lawsuits and more importantly lives if done in a timely manner.
The duty to warn mandates the counselors to inform the patients of any potential danger. Duty to protect implies through discovery, whether by
admission or some other source, that their patient is posing danger to themselves or third party. This may require
... Get more on HelpWriting.net ...

Abigail Fisher's Case Summary
The University of Texas at Austin is a world renown school with an acceptance rate of 40.2% as of 2013. Abigail Fisher, a white woman from
Texas, sued the University of Texas for racial discrimination in the university's admission program. Ms. Fisher lost her district court case and the
Fifth Circuit Case three to zero; but the Supreme Court accepted her appeal for another trial. Due to Ms. Fisher not being able to attend The
University of Texas, she was accepted into Louisiana State University shortly after. At LSU, she filed the lawsuit against the University of Texas to
prohibit the university to use race as a factor in the future admission process. Ms. Fisher argued that race or ethnicity should not be a factor in the
application process because it is simply unfair. The university responded that using race as a factor is only part of the admission process and is only
used to ensure a large diverse group of students. The University of Texas automatically admits students in the top ten percent of high schools in the
state. The school also used the affirmative action policy to admit students of other races, even with less credentials, over white students. While Ms.
Fisher was not in the top ten percent of her high school, she still thought that with her GPA, performing arts, and other achievements; she would be able
to attend the university. The rule of law that is involved in this case is section one of the fourteenth amendment. Ms. Fisher claims that the... Show more
content on Helpwriting.net ...
All in all, the university has a better and stronger case put together. In addition, the court should have all of the charges dropped facing their and allow
the University of Texas at Austin to admit whomever they want by their admission process. Every university in the United States has discretion to
enroll students even if there are more factors than simply GPA and SAT

Disadvantages Of Obscenity
Various statutes have provisions that touch upon the concept of Obscenity. But, attention here is primarily placed on the provisions of the Indian Penal
Code as other statutes also depend on the Code to give content to the word "obscene". The principal provisions of law concerning the criminalization of
publication and circulation of materials with obscene content are Sections 292 – 294 of the Indian Penal Code of 1860. Section 292 punishes the
publication and dissemination of materials that are obscene and section 293 provides for an enhanced punishment for distribution of obscene materials
to persons who are below 20 years of age. Both these provisions were substantially amended in the year 1925, in pursuance to India's participation in
the International Convention for Suppression of Traffic in Obscene... Show more content on Helpwriting.net ...
Section 67 of the Information Technology Act, 2000 borrows the definition ofobscenity from section 292 of the Penal Code to punish the spreading of
obscene materials over the internet. It is worth to take note of the fact that S. 98 of the then Code of Criminal Procedure was also amended to
empower a magistrate to enter and search premises with a warrant and take possession of obscene materials. It was only after the passing of the
Obscene Publications Act in England in 1959 (and perhaps owing to unsatisfactory and the widely criticized judgment in Lady Chatterly LoverвЂџs
Case13) that the legislature saw a need for reform. Thus, a select committee was appointed under the chairmanship of Akbar Ali Khan in 1963, the
recommendations made by the committee resulted in the passing of Act 36 of 1969, which brought about several significant changes in the provision.
The 1969 amendments sought to bring clarity on the concept of obscenity.

Legal Issues Of Affirmative Action
Student affairs and higher education professionals must be familiar with legal obligations in regards to their diversity efforts policies in order to be
fully compliant and successful in their endeavors.
Legal Issues Pertaining to Diversity in Higher Education Today When addressing legal issues of diversity in the modern day era, one main topic is
brought to discussion, affirmative action. It was put into place by the federal government in the 1960's and was initially developed to close the gap in
relation to the privileged majority and the unprivileged minority in America (Aguirre Jr. & Martinez, 2003). While it has been controversial since its
origin, it remains controversial as critics argue it tries to equalize the impact of so many ... Show more content on Helpwriting.net ...
& Martinez, 2003). The Supreme Court ruled that the University of California was wrong in the way they approached a special admissions program
that was open only to minority applicants (Aguirre Jr. & Martinez, 2003). The ruling argued that the special admissions program violated the equal
protection clause of the Fourteenth Amendment (Aguirre Jr. & Martinez, 2003). Justice Lewis Powell, Jr. stated in his opinion on the Bakke case
that quotas "would hinder rather than further attainment of genuine diversity" (Aguirre Jr. & Martinez, 2003, p. 141). Justice Powell, Jr. also wrote
that race is only one part of many factors that an institution can consider in truly achieving a heterogeneous student population (Aguirre Jr. &
Martinez, 2003). By siding with Bakke in this case, the Supreme Court essentially outlawed the use of racial quotas in admissions processes in higher
education, yet universities took this as it is okay to use race as a selective factor as long as there are no quotas (Aguirre Jr. & Martinez, 2003).
There are two recent lawsuits from 2003 that brought to the forefront college admissions using race; these include Grutter v. Bollinger and Gratz v.
Bollinger (Bowman, 2013). Both cases involve the University of Michigan. In Grutter v. Bollinger, the court sided with the university stating that their
admissions office can continue to use race–based initiatives in fostering an education benefit to the students (Bowman, 2013).

Affirmative Action And Its Impact On Education
Since its creation in 1965 affirmative action has been heralded by supporters as a landmark achievement and a means to erase the legacy of
discrimination and raise the educational outcomes and benefits of America's protected classes.1 Despite the support it has received, there are large
numbers of people who have expressed their opposition to affirmative action in education, claiming that it is a form of discrimination, and questioning
its effectiveness. As the debate rages, researchers have exhaustively studied affirmative action in an effort to understand its effect on higher education.
Both camps are thoroughly entrenched in their beliefs and claim that research defends their positions defends their positions. However, as the facts ...
Show more content on Helpwriting.net ...
Affirmative action is no exception; it stems from a history of racial discrimination culminating with the civil rights movement of the 1960s. During the
1960s blacks and many whites rallied to challenge the history of racism in America, and to grant civil rights to blacks who had been discriminated
against since colonial times. This movement garnered great support from the Democratic administration of President Lyndon Johnson, and even though
the American South was a solid Democrat voting bloc, they opposed reform and granting civil rights. Despite hostility within in the Democratic Party,
civil rights were granted to blacks, and affirmative action was created by President Johnson in 1965 under Executive Order 11246. This order's stated
purpose was to, "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to
their race, creed, color, or national origin." In 1967 EO 11246 was expanded to protect women as well. While initially used to combat discrimination in
employment, the philosophy and politics of affirmative action was eventually expanded to include education.
Affirmative action's goal was to create policies that increase the representation of women and minorities in the workplace. This new policy would be
used by the employers and institutions of higher education through two means; equal opportunity and preferential treatment policies. Equal

The Case of The Regents of the University of California v....
The Regents of the University of California v. Bakke case in 1978 explored the issue surrounding a young white man's rejection from UC Davis'
Medical School when students with lower grades than him were accepted through a minority benefits program. The young man, Allan Bakke, was
rejected in two successive years before filing suit in the Superior Court of Yolo County, arguing that he had to be accepted to the school since those with
grades lower than him had been accepted through the benefits program. The school claimed that the goal of their minority benefits program was to
further diversify their campus. The program was intended for minority or disadvantaged students, but soon became entirely racially based, which was
evident, since no white students were ever accepted into the program, regardless of any disadvantaged background they may have had. The school had
lower expectations for the applicants in the benefits program, so some of the students accepted through that program were less qualified to attend the
school than some of those who were rejected through the regular applicant process. Bakke was one of those rejected applicants, and felt that his
rejection was unconstitutional according to both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of
1964. The school argued that they were encouraging diversity and understanding with the benefits program, but the Superior Court of Yolo County
ultimately decided that the

Regents Of The University Of California V. Bakke
S.C.O.T.U.S. Legal Brief
Justin Kaye
Period 2
May 2015
Regents of the University of California v. Bakke (1976)
Facts of the case:
In the early 1970's UC Davis decided to have a dual admissions program for their medical school. The purpose of having two admissions programs
in one would be for regular students and the other one would be for "disadvantaged" students. Minority applicants could now say they were
"disadvantaged" so they were put in the special pool which would make it easy for them to get into the medical program. One major differences
between both programs is that through the "disadvantaged" program you could have lower than a 2.5 and still be eligible to get into the school.
The controversy began when Allan Bakke applied to ... Show more content on Helpwriting.net ...
However, the Superior Court of Yolo County stated that Bakke should not be admitted into the medical school because he failed to show that he would
actually be admitted if there was no special admissions program. Both sides appealed because Regents of the University of California didn 't believe it
was unconstitutional and Bakke wanted to be admitted into the medical program.
The next step was onto The Supreme Court of California. They said the same exact thing that the Superior Court of Yolo County said, however they
said that Bakke should be admitted into the medical program because the University, not Bakke, failed to show that he would not be admitted without
the specialty program. Regents of the University of California appealed this because both courts did not agree with the points that they made.
Petition before the Supreme Court:
Both sides had major arguments and reasons why they thought their side was right. Regents of the University of California said that their special
admissions program helped limit discrimination in our society. Medical schools normally were discriminatory towards minors (by the admission
process based of credentials) so this program helped ease that problem. The Regents of the University of California also stated that the program will
help poor communities by giving them physicians that will want to go and help out the cause of where they grew up. Regents of the

The Case Of Pope V. Illinois
On July 21, 1983 local police detectives in Rockford, Illinois entered two different local book stores and purchased six magazines. Soon after exiting the
store, police separately arrested clerks Richard Pope and Charles Morrison. Both men were charged and convicted for selling obscene materials, in
accordance with an Illinois statute. On appeal, both petitioners argued that the Illinois statute was unconstitutional to both the first and Fourteenth
Amendments. They reasoned that the state was required to make the value determination by an objective standard rather than community standard in
conformance with the Miller decision, and the juries in this case had been instructed to judge whether the material had value as viewed by ordinary
adults in the state of Illinois. The Appellate Court rejected the both petitioners' arguments and the IllinoisSupreme court denied requests for further
review, but the United States Supreme Court granted certiorari and merged both cases for reexamination.
The case, Pope v. Illinois, was argued on February 24, 1987. Glenn A. Stanko represented the petitioners whose argument was: The IllinoisObscenity
Statute violated the First and Fourteenth Amendments by allowing the value element to be determined by community standards and instructing the jury
to do so. Therefore, the convictions against petitioners must be reversed because the statute is invalid. Glenn Stanko made it clear that the petitioners
did not argue whether the materials were

How And Interrupt Harmful Interaction Patterns Within A...
To help identify and interrupt harmful interaction patterns within a family, I would start with the assessment and diagnosis process, here the therapist
will see tedious patterns of each member. As counselor, I will center on what is being stated by the family members, discussing the family's history,
physiognomies and nature of the interaction that have taken place within the family, and what they have attempted to do in order eliminating the
issues. All done within a serene setting, that is designed to be free of distractions, and whereas the therapist I will inspire all members to participate in
the therapy, using the systemic processes will help to facilitate this goal. Using the Strategic Family therapy, I will use the two maps of human
behavior, which is used to guide me during the healing session. The first is PUSH is the ellipsis, which will authorize my point of view as the
therapist (M.U.S.E, 2010). . Protection is when the system attempts to aid each system member, in ways that has been shown to be detrimental, here, I
will theorize why each family member conducts themselves, as they do. The unit is the three–way relationship explanation that will permit me to label
amalgamation and the dealings, amid the system associates (M.U.S.E, 2010). Sequences are what has led to the presenting concerns, again, the central
focus of the therapy is the replacement of detrimental behavior and to connect to their

Chicano ( A ) Studies 260
Chicano(a) Studies 260
Midterm
1.There is a magazine company that caters to adult men called Gallismo. The magazine goes out to over 5 million men between the ages of 18
and 40 in the United States. In the magazine, there is an article paid for by a wealthy person, Sadam Jose, who supports the take over of the
Southwest part of the United States. The article reads, "don't support the false propaganda by the American Government, they stole the land from
Mexico, we should get it back by any means necessary." "Let's begin the movement before it is too late. Join the movement." "We will one day be
the majority". Sadam Jose is arrested by the FBI for violating a federal law because he was trying to start a revolution. Did the US violate ... Show more
Even though he is a wealthy man who can potentially find access to military equipment, it will not compare to the equipment the U.S. military has as
its disposal. Sadam Jose does not pose a clear and present danger, because we don't have evidence that his plan is working to going to work. This is
something that the government should follow up on, but at this moment we don't have evidence that there is a clear and present danger.
2.Explain the RAV and Mitchell case. Why did the Supreme Court rule that RAV 's First Amendments rights were violated, but ruled against
Mitchell? Do you agree with each ruling? (10 pts.) In the R.A.V v. City of St. Paul case, a white teenager was arrested for burning a cross in the
lawn of the only black family in the neighborhood. According to the state, this was in violation of a 1989 city ordinance making it a crime to place
on public or public property a burning cross, swastika, or other symbol likely to arouse "anger, alarm, or resentment in others on the basis of race,
color, creed, religion, and gender." In this case, a higher court decided that R.A.V's first amendments were violated because the state was punishing
expression. The ordinance didn't simply make burning a cross illegal, but instead made the expression associated with this act illegal, which the court
considered a violation of freedom of speech under the First Amendment. In the Wisconsin v. Mitchell case, after watching the movie

The Rise Of The Adult Entertainment Industry
The rise of the adult entertainment industry has exploded in both popularity and accessibility within the last thirty years as a result of the emergence of
pay–per–view adult movies, pornographic websites, and 1–900 phone lines. The number of topless bars, exotic car washes, X–rated theaters, and
massage parlors in business has boomed greatly. Within this time, United States Supreme Court decisions recognized that First Amendment protection
might very well extend to some types of non–obscene pornography and nude dancing as a form of nonverbal expressive speech (1). Though
consequently, the possibility for such First Amendment right protection paved the way for increases in adult businesses. Although it may seem
unlikely, the fate of First Amendment freedoms is irrevocably linked to the ongoing conflict between the agents administering the adult entertainment
and those who defend public decency. The expansion of adult business have generated intense concern among communities, with many individuals
believing that the proliferation of adult material including X–rated movie viewing facilities, topless bars, and adult bookstores, ultimately threatens
property values, and are morally hazardous to their community (2). As a strong trend to regulate such businesses, governments around the country, and
specifically in North Carolina, have begun to significantly restrict the locations of such adult–oriented establishments. Such regulations put into effect
restrict such businesses to

The Decision Of Purchasing Drones For The Purpose Of Local...
Purchasing Drones The decision of purchasing drones for the purpose of local law enforcement to use could be a negative and a positive. There
are several states in the U.S. who do allow the purchase and the usage of drones by local law enforcement. Some of those states consist of Texas
and California; but for the states on the East Coast (where Baltimore, Maryland resides); there is one state who allows the purchase and usage of
drones: Florida. There are several pros and cons on this issue. Some of the pros and cons revolve around money, time, and the issue of individual
rights. A drone is "an unmanned aircraft or ship guided by remote control or onboard computers." (Merriam–Webster). It is also "beyond [the] line of
sight: the GPS of a U.S. spy drone." (Dictionary.com). The issue that will be continuously brought up will be the right of privacy. Will the usage of
drones violate the Fourth Amendment? It can be a violation if abused. The key word in the definition of drones IS "spy." Is it spying if you are looking
at something in plain view, but the device is out of plain sight? The Fourth Amendment states that every individual has the right to not have
unreasonable searches and not without probable cause. However, there are exceptions to the Fourth Amendment which includes the Plain View Doctrine
. The Plain View Doctrine states that if a law enforcement officer is in a place legally and sees criminal activity or other evidence, the evidence can be
seized without a

The Amendment Is Not Protected Under The Freedom Of Speech...
The first amendment, of the Constitution, protects all citizens from Congress making laws that "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." Most U.S citizens how this amendment, or at least a summary of it, memorized. Citizens have the right to
speak their mind as they sit fit, practice any religion, and protest. However, in modern times, it is understandable to see why this is not entirely true.
Court decisions have put many restrictions on the liberties presented in the 1st amendment. A citizen cannot use religion as an excuse for sacrifices, or
protest in violent fashions. The most controversial, and complicated, restrictions are those prohibiting certain kinds of speech. One of the Supreme is
that obscenity is not protected under the freedom of speech. A problem quickly raise was: what, exactly, is obscenity? Under Miller v California, to be
obscene "a publication must, taken as whole, appeal to prurient interest, must contain patently offensive depictions or descriptions of specified sexual
conduct, and on the whole have no serious literary, artistic, political or scientific value." It made sense to ban specific types of speech that was, at the
root, meant to be hateful or obscene. However, Indianapolis legislator, in American Booksellers Association v. Hudnut, used

Analysis Of The Stimulus Material Given I Saw A...
From reading the stimulus material given I saw a relationship between the disappearance of language and technological advancements. In the Self
Portrait Along the Borderline Between Mexico and the United States by Frida Khalo a painting that shows the differences between Mexico and
America in the 1900s, there appears to be a difference of culture between America and Mexico. America is more modern, as Mexico is more classic.
America's modernization is shown in the different factories in the background, and Mexico's classicism is shown through the ancient Mexican temple
in the background. As stated in "Vanishing Voices", written by Russ Rymer, "As modern inventions like cars enters their world, the Seris tend to adapt
their language rather than import Spanish words. Erica Barnett uses an abandoned car as a hothouse to grow mangroves to replenish an estuary" (21).
Rymer is stating that with new technologies, people need to adapt. I believe that not only do people need to adapt, but also governments need to be
more accustomed to advances in technology. With the introduction of the Internet many governments need to change. This change would come through
passing different laws which would censor the Internet and in doing so, limit freedom of speech, because this is widely controversial in the US. I
began to look at why this is so controversial. According to Andrea Leadsom, a Conservative Member of Parliament for South Northamptonshire, the
Internet should be censored for the kids.

Miller V. California Case Summary
COMM 3310 – LEGAL CASE BRIEF Chapter or area of communication law that your brief applies to. Chapter 7: Obscenity and Indecency CASE
NAME: Miller v. California CITATION/DATE: 413 U.S. 15 (1973) LEVEL OF COURT: Supreme Court FACTS: Marvin Miller, the owner of a mail
distribution company for pornographic material, sent out five brochures for his business advertising pornography. These brochures were sent to a
restaurant in Newport Beach, California, where the manager of the restaurant and his mother received them and filed a complaint to the police that they
had not requested the brochures. Miller was tried and convicted in Orange County by the obscenity standards laid out in Memoirs v. Massachusetts
(1966), that the publications must be "utterly without redeeming social value." Miller's defense argued that his... Show more content on Helpwriting.net
...
If not, how does the court judge what is considered too obscene to be protected and what is not? COURT'S DECISION AND REASONING The court
decided in a 5–4 majority that obscene publications, especially "hardcore pornography," were not protected by the First Amendment. They also
decided, however, that the criteria set in Memoirs v. Massachusetts were "too rigorous," and changed the standard by which materials are decided as
obscene or not. The court then created the "three–pronged test" or "Miller test" to determine whether materials were obscene. The decision changed the
standard for judging material as obscene to: (a) whether the average person, by the standards of their community, would view the whole work as
"appealing to the prurient interest," (b) whether the material depicts sexual conduct in an offensive way, as decided by state law, and (c) whether the
whole work lacks value, whether scientifically, artistically, politically, etc. The new test made "obscenity" dependent on the local community rather
than setting a national

Essay on Affirmative Action: A Road to Discrimination and...
Affirmative Action: A Road to Discrimination and Prejudice
Affirmative action: these words bring to mind many different things to many different people. To some it is a leveler of the playing field and a right
for past injustices, but to others it is a tool used to cause reverse discrimination and continues prejudices. Affirmative action was born into a time
when our country was attempting to provide equality for all and was only intended to be a temporary measure to bring about this equality into areas
where it had been lacking. Now almost forty years later this temporary measure known as affirmative action is still being used and has in the most part
failed to bring about the equality it was supposed to. Instead, we have today a ... Show more content on Helpwriting.net ...
From this beginning one can see that affirmative action was too narrow in scope to ever actually level the playing field or to make up for past
injustices to all without discriminating against some.
The main focus of affirmative action was on education and employment. It required that measures be used to ensure that minorities and women be
given the same opportunities for promotions, salary increases, career advancements, school admissions, scholarships, and financial aid that all others
were given (Brummer, 2003), but originally did not state how this was to be accomplished. By 1970, the federal government had established
regulations which required affirmative action through goals and timetables. While unintended in conception, in practice, these too often encouraged
preferential treatment for members of one group over members of another. Ultimately affirmative action became based on preferential treatment in the
form of quotas and other efforts that made race and gender the determining factors in many aspects of employment and admission to colleges (Wilson,
1995, p. 111). Here lies the root problem with affirmative action in that it causes a new form ofdiscrimination to exist.
Overtime, it has become apparent that affirmative action has exacted a price from its beneficiaries, that is often higher than the supposed rewards that
affirmative action was to give, the success of affirmative action was based on its appeal to our heritage

Art As An Obscenity
Art as obscenity and the argument
What defines something as obscene? More over, what does the term obscenity mean? The interpretation of the word has differed in communities; styles
and scenes whether it is unacceptable or favorable a great deal of arguable queries have arisen not only in the art community but most of the population.
Obscenity is a constitutionally unprotected form of speech (About Us Art Law Library: Obscenity. Avaliable at: http://ncac.org/resource
/art–law–library–obscenity) although obscenity may be examined cautiously by few, the issue around the interpretation is deliberated in today's
court system regularly. The Hicklin or also known as the Roth test first declared a legal examination in 1868 to be conducted for obscenity, the court
held that all material tending "to deprave and corrupt those whose minds are open to such immoral influences" was obscene, regardless of its artistic
history. (Ducat, C.R. (2008) p.540) It was also decided that to be declared 'obscene' one must or ones work must lack serious literary, artistic, political,
or scientific value (Waxman, O. (2016) Time) The later decision to retire the Hitchin law reasoning stated by Justice William, J. Brennan JR settled that
the opinion of obscenity is "utterly without redeeming social importance" (West's Encyclopedia of American Law, edition 2. The Gale Group) which in
response to that meant it was no longer protected by the First Amendment. 1996 The Supreme Court announced it was adding

Analysis Of Howl, By Ginsberg
The standards of obscenity and what is and is not protected by the First Amendment has evolved as the fields of literature and art have expanded. In
1956, the headlines were filled with mentions of Howl being fought about in court. Howl, a poem written by Ginsberg, is focused on the "outcast"
groups of American society such as the mentally ill, members of the LGBT community, and drug users. Originally, he did not intend for the poem to
get out to the public due to the references from his own life with past loves, friends, and experiences. But Ferlinghetti, overhearing the poem read for
the first time publically, offered to publish the poem. Soon afterwards, the poem was taken to court. The personal bits and certain details of the poem
got the poem sent to court where it was put through the newer standards and reading practices to determine obscenity. At the end of the trial, the judge
determined that Howl was not be obscene and was protected by the First Amendment.
The law defined obscene material as writing with no value of any kind and with the purpose to ensue scandalous and lusty thoughts in its readers. These
standards for was determined in Miller v. California, a work is obscene and unfit for publishing if it is "utterly without socially redeeming value" and
lacks "serious literary, artistic, political, or scientific value" when taken as a whole. Before in these kinds of court cases, the prosecutor could extract
sections of the writing to determine its obscenity as

It's Time to Put and End to Affirmative Action Essay
Affirmative action should be changed or ended altogether
In the late Sixties, Martin Luther King Jr. fought hard for equal rights. Before he was assassinated in 1968, he made a speech about his vision of
human equality. "I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the
content of their character." (King) The Sixties were a turning point for racial equality. Because of leaders like King, many blacks andminority groups
began to face/win new opportunities that were never before available. New policies and laws were established to help reverse the detriment to ethnic
groups through years of injustice and prejudice. But is it right to limit other races to ... Show more content on Helpwriting.net ...
Allan Bakke was denied admission to be considered to University of California–Davis Medical School. In offer to be accepted, a student must have no
less than a 2.5 GPA, have good science grades, and have high MCT scores, letters of recommendation, and numerous extra–curricular activities. If all of
their prerequisites are met, an applicant then must participate in an interview with the college. Bakke scored 468 out of a total of 500 points on his
interview and was not accepted. He then applied again the next year and received 549 out of 600 points, but was again turned away. Afterward
Bakke had found out that 16 students with lower test scores were accepted before him. All 16 students were considered ethnic minorities and were
accepted based on their color of skin, as allowed by the policies of affirmative action. Bakke took his case to the Supreme Court, arguing he was not
treated equally and was turned away because of his ethnicity. The Supreme Court found that in the case of the University of California Regents v.
Bakke, the defendant's equal protection rights were indeed violated.
Section 1 of Amendment XIV of the United States Constitution reads: " All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law, which shall abridge
the privilege or immunities of citizens of the United

Regents Of The University Of California V. Bakke
T Statman
Kluch
ENG 102 Period 4
1 May 2015
Regents of the University of California v. Bakke (1978)
Introduction
Race equality has been an arduous issue in the United States. Regents of the University of California v. Bakke (1978) is a landmark Supreme Court
case that brought scrutiny to racial discrimination in the college admission process. The Encyclopedia Of Law And Higher Education introduces the
discussion of the University of California at Davis' special minority admissions policy at their medical school. The case was first heard by the Supreme
Court of California and later taken to the United States Supreme Court (Russo 363). The short and long term effects of the Regents of the University of
California v. Bakke (1978) have changed the procedure for college admittance all over the United States of America.
Background
The decisions of the University of California, Davis (UC Davis) for the admissions program appear to be racially driven and a product of affirmative
action. Charles Russo writes that the first year enrollment class, in 1968, at the UC Davis School of Medicine contained only fifty students (Russo
364). These fifty students were not seen as a representation of the California population. According to the cross disciplinary source American Decades,
that year, only three Asian students were admitted into the first class with no other minority race represented. This was with the state minority
population being twenty–three percent (Minority). The minorities

Consideration Of Race For College Admissions Process :...
TO: Dr. Alisa Smith
FROM: Drew Carff
DATE: April 7, 2016
RE: Consideration of race in college admissions process – Fisher v. Texas
FACTS
Abigail Fisher, a Caucasian Texas resident, applied for admission to the University of Texas at Austin. She applied for the entering class of fall 2008.
The University rejected her application. Fisher graduated from another university in May 2012.
In 1997, Texas passed the Top Ten Percent Plan into law. The law guarantees admission to Texas residents that graduate in the top ten percent of their
high school class. The plan took up 81% of the seats available for Texas residents in the 2008 class. For those that do not qualify for the Top Ten
Percent Plan, the University of Texas at Austin implements a Holistic Review Program. The Holistic Review is an evaluation based on a student's
achievements and experiences. The evaluation culminates with an Academic Index (AI) that is based on standardized test scores, class rank, and high
school coursework. The university determined that Fisher's AI scores were too low for admission.
ISSUE
I.Whether the consideration of race in the admissions process is a violation of the Equal Protection Clause of the Fourteenth Amendment. The clause
dictates that individuals of similar backgrounds and situations should be treated comparably.
II.Whether the University's consideration of race is narrowly tailored to a principled, detailed diversification goal. A university's approach, actions, and
goals must be

Duty From The Landmark Case Tarasoff V. Regents Of California
Duty to Warn and Duty to Protect: Need Further Solutions
Thirty years ago, the California Supreme Court had highlighted the doctor's duty to warn through the landmark case Tarasoff v. Regents of University
of California (in short as Tarasoff I)in 1974. Due to the defendant' petition for a rehearing, the CaliforniaSupreme Court unusually moved to rehear the
same case in 1976 (in short as Tarasoff II) and articulated the duty rather a duty of protect. Pursuant to the precedents established by the two Tarasoff
cases, in a specific relationship, the professional doctor owns reasonable obligation to take care and protect identified third party from imminent risk of
serious harm caused by his/her patient. Since the Tarasoffs, there have been numerous related cases in the US and several pertinent cases in Canada.
The controversial cases presented confusions in both legal and professional ethics levels: how the professional confidentiality harmonizes with the
public interest priority and what are the appropriate criteria to implement?
Fact and issues of the Tarasoff I and II
Mr. Poddar was a twenty six year old student of the University of California. He was sent to the Cowell Memorial Hospital of the University of
California in July of 1969 by his friend and seen by Dr. Gold. His friend worried about his abnormal behavior and madding words as Mr. Poddar
seemed like become pathologically obsessed with Ms. Tarasoff. Mr. Poddar had tape–recorded conversations with the young lady

The Equal Protection Clause From The Fourteenth Amendment
The Equal Protection Clause derives from the Fourteenth Amendment, which specifies "no state shall deny to any person within its jurisdiction the
equal protection of the laws..." As a part of the Reconstruction Amendments, the aforementioned clause was meant to ensure racial equality in the
Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., thestrict
scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect
classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of California, the Supreme Court
("the Court") concluded that, considering that the University of California, Davis received several Caucasian applicants for its special admission
program in 1973 and 1974 and that none of the applicants received the admission to the program since the start, the program unfairly administered in
favor of minority races and, therefore, violated the rights of the white applicants under the Equal Protection Clause of the Fourteenth Amendment.
Furthermore, from Hopwood v. State of Texas, the Fifth Circuit Court ruled under strict scrutiny that, the affirmative action imposed by the University
of Texas School of Law ("the law school") violates the Fourteenth Amendment since neither the law school nor the University of Texas system has
proved a proof of

Confidentiality and Informed Consent
Claudia Lewis
PSY/305
6/29/15
Dr. Daniel Williams Jr, PsyD, MSW
Introduction
Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of
Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper
will help you to understand how the things you say during the counseling sessions may have legal implications against you; by first explaining the
decision of Tarasoff v. the board of Regents of the University ofCalifornia, followed by how it relates to the therapist–client relationship ... Show more
The law consists of types of information that patients must be given in order to make informed decisions about getting medical care, diagnostic test, or
treatment ("American Cancer Society", 2014). When informed consent has taken place correctly the information that which is given must be clearly
understood by the patient; it's up to the patient to ask questions about any information they don't understand. The patient must be given the opportunity
to look over the information and ask questions, the patient must also not be pressured to make their own decisions, as the informed consent assumes
that when the patient is making these decisions they are not pressured to do so ("American Cancer Society", 2014). The process of Informed consent
and refusal consist of first the patient being told about the possible risks and benefits of the treatment, followed by being told about the risk and benefits
of other options which include not getting treatment ("American Cancer Society", 2014). The Patient is then given the chance to ask questions and
have them answered to their satisfaction, followed up with being given enough time to discuss the plan with family members or advisors ("American
Cancer Society", 2014). The patient is then able to use all the information given to them to make a decision that they feel is

Affirmative Action and Higher Education Admissions Essay
Introduction Known as one of the biggest obstacles in higher education to date would arguably be the use of affirmative action within the higher
education admission process for both private and public institutions (Kaplin & Lee, 2014; Wang & Shulruf, 2012). The focus of current research is an
attempt to either justify or deny the use of affirmative action within current practices through various higher education institutions, and though any one
person could potentially be swayed to side with the rationale to maintain its use or disregard, the facts are quite clear that the future of this practice is
unclear. Therefore, this essay will present current research in an attempt to determine if affirmative action should continue to be used ... Show more
Chace (2012) continues to state the various disconnect that the comments made by President Johnson has on current practices by once advocating the
intent to give back to a race that had lost so dearly, is now not viewed the same. After these past fifty years, today's realties are quite different.
Restitution seems much less the focus of such affirmative action policies than in the past. Just as Affirmative Action can be utilized within the
admission process for college institutions, it can be used in the financial aid decisions for student's funding of their education. And, while the decisions
for college admissions can be based in part of affirmative action pending the institution's election of voluntary, race–neutral, or race–conscious
admissions – Federal financial aid must have specific boundaries as well. Chace (2012) states a structure of financial aid and admissions systems within
a higher education institution give clear indications to incoming students what a school's value and mission may be, without having to say it distinctly
word for word.
Cornerstone Legal Cases Regarding Affirmative Action Affirmative Action within the higher education admission process has met

Should a Therapist Reveal Privilaged Information if a...
Court Case: Tarasoff versus Regents of the University of California (1974)
Tarasoff versus Regents of the University of California (1974) a court case which Tatiana Tarasoff, a University of California Berkeley's student was
killed. Prosenjit Poddar pursued Tatiana while she was alone in her home. He started the aggression in her home and chased into the street and stabbed
her seventeen times causing her death. Previously he described his intentions and depression when he asked Dr. Laurence Moore at Berkeley medical
center. The diagnosed of paranoid schizophrenia was presented by the doctor. Dr. Moore felt the risk against Tarasoff and shared the situation with two
other doctors and determined that Poddar should be committed to a psychiatric hospital and to the police. Poddar was release after he promised to
stay away from her. She never received any alert about her risks by the doctor or pilice. Poddar killed her on the night of October 27, 1969. During
the criminal trial he pleaded not guilty because of his insanity. His prior evaluation to the murder presented evidence that Poddar was no guilty
because of his mental state because he was insane and demonstrated a paranoid schizophrenia. He came back to India and had a normal life. Tarasoff's
family sued the doctors and police. The charges against the police were dropped because the police were immune to the suit. It was consider that the
psychiatrics failed in their duty to warn and protect Tatiana.
Discussion
I

Is It Protected Speech Under The Constitution?
The main issue at hand is whether or nor obscenity is considered speech and if so is it protected speech under the Constitution. I must wager that
obscenity is and indeed should be considered speech for the purposes of the Supreme Court in First Amendment matters. As to if it is or should be
protected by the constitution is a more difficult question. I believe that a test of reasonableness is sufficient to govern this topic by members of the
court. If there is legitimate purpose for material no matter what facilitates its dissemination then there is a compulsory reason for constitutional
protection. If not and the main cause of material is to inflict injury on any party including society there is no compelling reason to afford such speech
any constitutional protection. History has provided us with major reasons to limit and regulate obscenity in America. For example does obscenity lead
to an increased likely hood of criminal activity or anti–cultural norms in society? If so at what point do these issues begin to manifest and how should
government regulate this narrowly? There is a problem here though according to Brandenburg obscenity in and of itself does not directly incite lawless
action and fails to meet the aforementioned Brandenburg test. The court has attempted to circumnavigate this problem by using the redeeming social
importance standard. This states that obscenity is up for regulation if it fails to serve a purpose benefiting society even if that disagrees with

Duty to Protect vs Patient Confidentiality Essay
On October 27th of 1969, after returning home from a summer in Brazil, University of California at Berkley student, Tatiana Tarasoff was repeatedly
stabbed and killed by a fellow classmate, Prosenjit Poddar. As tragic as the crime itself was, more tragic was the fact that it could have been
prevented. Poddar had developed an unhealthy obsession with Miss Tarasoff during the year leading up to her death. Her continuous rejection of his
advances sent him spiraling into a deep depression. He was encouraged by friends to seek treatment at the University's student health center. During his
course of therapy Poddar revealed to his counselor his intentions to kill Tatiana. Though the therapist did take steps to prevent the tragedy from... Show
more content on Helpwriting.net ...
Confidentiality however, is not a guarantee, but rather a privilege as illustrated in the Tarasoff case. Absolute confidentiality cannot be promised to a
client. It can only be protected to an extent permitted by law (Corbin, p. 4). Therefore, limitations on confidentiality need to be openly addressed
throughout the therapeutic process to ensure the clients understanding. Difficulties arise when a mental health professional must decide which client
might be considered dangerous confusing the clinician's obligations (Corey Et Al, p. 230). The Tarasoff decision nearly forces the helping professional
to be psychic, holding them responsible for predicting violent actions, an almost impossible endeavor.
However, when faced with a potentially violent client, counselors must ensure specific actions are taken to protect the public and reduce their own
liability regardless (p.230). Such steps would include gathering a detailed history; if the client is regarded as violent, conduct a risk assessment to gage
the level of dangerousness. Inform the client of the limitations to confidentiality as well as the clinician's legal obligations. Additionally, if threats are
made during the course of therapy, record it and any other client statements that may seem pertinent. Confer with a supervisor and/or legal counsel if
unclear about one's extent of responsibility

A Race Based Admissions Program Is Consistent With The...
It has been argued that Fisher III neither provides any substantive additions to Equal Protection Clause (EPC) Jurisprudence, nor any guidance to lower
courts how to apply Grutter and determine whether a race–based admissions program is consistent with the Fourteenth Amendment. Danielle
Holley–Walker, in her article published in winter of 2014, explores the impact Fisher III has on race–conscious admissions programs, and argues that
Fisher III enhances the strict scrutiny analysis, especially when compared to Grutter. Moreover, she argues "Justice Ginsburg's dissent meaningfully
highlights one of the most pernicious flaws in the current Equal Protection Clause jurisprudence, which is that strict scrutiny standard encourages
universities to make their admissions process opaque instead of transparent and that there are many benefits that flow from having a transparent,
race–conscious admissions program." The Court's focus in Fisher III was whether the lower courts applied strict scrutiny in a manner consistent with
the holding in Grutter. Justine Kennedy emphasizes the importance of strict scrutiny in evaluating race–conscious admissions programs, for unless an
admissions program can withstand the strictest analysis, race cannot be used. Bakke is utilized to shape Justice Kennedy's analysis of the compelling
state interest prong of strict scrutiny; he utilizes Grutter in shaping his discussion of "the narrow tailoring prong of the strict scrutiny analysis." While a

The Last Bastion of Personal Freedom Essay
The Last Bastion of Personal Freedom
A person up to date in today's society must acknowledge the importance and the parcticality of the internet. Just as in other areas of society, personal
freedoms are stretched to the very limit on this modern invention, raising isuues in regards to what type of information the internet should be allowed
to broadcast. Since its inception, the internet has spawned overnight millionaires, served as the new information medium, and even played host to some
heinous crimes. The topic of greatest concern though, is in how the people legislate the division between what is obscence and what is allowable. The
way that these issues are dealt with will shape the very form in which the internet and other ... Show more content on Helpwriting.net ...
"The Internet is a unique forum in at least one regard: while other forms of communication such as magazines or videos must be physically brought
into a hostile jurisdiction, allowing you to choose whether to do business there, the content of your adult website can be viewed by anyone anywhere
with a computer and Internet access. What this means for adult site webmasters is that it doesn't matter where you, your pictures, or server are located
– you risk prosecution if a prosecutor anywhere views your adult website or home page and believes that the content is obscene." Perhaps that in this
respect, the internet does deserve legislation is regards to obscenity. For example, is it fair that a man in Maine, who has followed to the best of his
ability, the laws in that state in regards to obscenity, is prosecuted for displaying what a man in Florida deems as obscene, where the state laws
regarding this issue are much more severe? In this day and age, people rely on the technology world to provide an instant means of communication, the
consequences of which are increasingly being examined. Numerous people throughout history have been quoted as saying that children are our most
precious resource, and this fact is not any less true today. This country has a duty to protect these children in order to foster their development as the
leaders of tomorrow. One must then examine the world that these youngster

The Campus Of The University Of California
Overview:
On the campus of the University of California, Tatiana Tarasoff was killed by Prosenjit Poddar just two months after being detained by campus
police for making such threats in a counseling session. According to Public Health Law, Poddar expressed that he was going to carry out the action
of murder during two different counseling sessions, which his psychologist, Dr. Moore, had no choice but to have him detained. He was released
after promising to stay away from Tarasoff, however, he followed through on killing Tatiana Tarasoff. During this time frame, according to the "Facts"
from a casebriefs.com (page 2), the psychologist sought out other professionals for insight. The reason for consensualizing was to get others' insight as
to whether is was the psychologists place to warn Tatiana Tarasoff or her parents of this threat, and breakconfidentiality with her client. The conclusion
drawn was to not warn, which was advised by Moore's superior, or protect Tatiana, and as a result, she was murdered by Poddar in 1969.
Findings:
In the case of Tarasoff vs. Regents of University of California Supreme Court, the findings were that of amental health professional, along with the
supervisor, and others, were being sued by Tatiana Tarasoff parents after she was brutally murdered by Prosenjit Poddar in 1969. The 1976 ruling
resulted in requiring that the counselor has "the duty to warn and protect" even though the victim is not the client. Poddar explained his plan to

Affirmative Action And The Civil Rights Movement Essay
Affirmative action is a strategy formed during the Civil Rights Movement in response to the prejudiced approach toward African American citizens in
the American community. The policy advocates these citizens in particular conditions to avoid the unfairness they would usually receive. To explain
why the system needed to be adjusted to be equal for everyone. It is essential to realize that African Americans came to America as laborers (slaves)
made to work long hours and numerous slaves endured inhuman treatment and underwent severe injuries. American citizens in the South challenged a
lengthy campaign to seek to continue to be permitted to own slaves but through Lincoln and abolitionist slave–owning was ultimately banished.
Despite condemning slavery and installing multiple laws in society to assure African Americans be treated comparatively equal residents, this was not
the situation in most regions in America particularly the South. Each endeavor by the government to secure the level treatment of the African American
were met with difficulties. Companies in society rejected the idea to hire African Americans over awhite American even if both had comparable
abilities. As a consequence, African Americans could not be advanced in society and remained alternately crushed. This persecution transpired ignited
the Civil Rights Movement and comprehensive transformation in American society.Affirmative Action was a component of the government's
acknowledgment of the

Essay On Affirmative Action In College Admissions
Affirmative Action in College Admissions Should Be Abolished
Every year, millions of students apply to colleges and universities in the United States. The status of their application, whether they get accepted to or
rejected by the school of their dreams, may ultimately be determined by two words: affirmative action. The Merriam–Webster dictionary defines
affirmative action as an effort to correct past injustices, means to right the wrongs of the past, positive steps to correct past discrimination (Affirmative
1). However, for those exceedingly qualified members of a majority group who do not get accepted while less qualified minority members do,
affirmative action begins to insinuate reverse discrimination, the unfair treatment of members of majority groups resulting from preferential policies, as
in college admissions or employment, intended to remedy earlier discrimination against minorities (Reverse 1). Affirmative action is a topic of
contention that has been disputed in the court systems for roughly four decades. It is now time that affirmative action in college admissions be
abolished because it erroneously implies that diversity is more imperative than merit and unjustifiably discriminates ... Show more content on
Helpwriting.net ...
University of Texas Law School. Hopwood contended that diversity in education was not a compelling state interest (Brunner 5). The conservative
Justices also expressed concern that under the affirmative action system wealthy African American applicants received preferential treatment
(Leonhardt 1). Justice Alito refuted that those applicants should not receive preferential treatment over white applicants from humbler backgrounds
(3). The Supreme Court concluded that the affirmative action system in place at the University of Texas Law School benefited African Americans and
Mexicans "to the detriment of whites and non–preferred minorities (Cummings

Court Case: The Constitutionality And Limitations Of...
Court Case––May 2014
Regents of the University of California V. Bakke (1978)
Issue Involved:
Reverse Discrimination/The Constitutionality and Limitations of Affirmative Action
Background on Affirmative Action:
Definition of Affirmative Action:
"A set of procedures designed to eliminate unlawful discrimination between applicants, remedy the results of such prior discrimination, and prevent
such discrimination in the future." Cornell University Law School
March 6, 1961: John F. Kennedy signs Executive Order 10925
Sec. 301 (Paragraph 1):
" . . . [Government] contractor[s] will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, creed, color, or national origin."
July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of "affirmative action
to overcome the effects of prior discrimination."
June 4, 1965: President Johnson speaks at Harvard University
"You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, "you
are free to compete with all the others," and still justly believe that you have been completely fair."
June 28, 1978: Regents of California V. Bakke.
Background:
Allan Bakke applied twice (in 1973 and 1974) to be accepted into the Medical School at the University of California at Davis, but

Affirmative Action Should Be Changed or Ended All Together
Affirmative action should be changed or ended altogether
In the late Sixties, Martin Luther King Jr. fought hard for equal rights. Before he was assassinated in 1968, he made a speech about his vision of
human equality. "I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by
the content of their character." (King) The Sixties were a turning point for racial equality. Because of leaders like King, many blacks and minority
groups began to face/win new opportunities that were never before available. New policies and laws were established to help reverse the detriment to
ethnic groups through years of injustice and prejudice. But is it right to limit other races to ... Show more content on Helpwriting.net ...
If we base our decisions on race or gender, we turn our back on the group that truly needs assistance: the low–income family. Race is present in every
level of society, the lower class, the middle class, and the upper class. Then why should middle– and upper–class minorities benefit today with special
privileges when they may have not been personally affected by discrimination? There are no policies or procedures of affirmative action that prove an
individual deserves special privileges. In theory, a wealthy minority citizen would receive more advantages in society than an underprivileged or
low–income white male. In this case, the underprivileged is in more need, but the determination of the benefits is solely decided by ethnicity and not
by proven hardship or financial need. The Center for Equal Opportunity has expressed their disapproval of affirmative action specifically because it has
been an unnecessary benefit for wealthy minority business owners. The most disadvantaged group of Americans are not blacks, Hispanics or
womenВ—they are the low–income individuals who are underprivileged.
In addition, affirmative action lowers the standards of excellence. The only quality that has value under affirmative

Civil Liberties And Civil Rights
Pegnoglou 4
Gavin Pegnoglou Sherry Sharifian GOVT–2305–71433 6 October 2017 Civil Liberties v Civil Rights Civil Liberties and Civil Rights is a pillar for
every American citizen. Civil Liberties are specific individual rights a person has that are legally protected from being violated by the government. 1
Civil Liberties include, but are not limited to, right to privacy, right to vote, right to bear arms, and right to marry. CivilRights provide for the right to
be treated equally without discrimination. An easy way to remember the difference between a Civil Liberty and a Civil Right is that for a Civil
Liberty, focus on what right is affected whereas for a Civil Right, focus on whose right is affected.
2 Civil Liberties and Civil Rights ... Show more content on Helpwriting.net ...
I have observed and experienced different infringements of Civil Rights. During my 8th grade year, my Spanish teacher showed discrimination
against male students by choosing a female student to look over the class every time she stepped out of the classroom. One time, a male student
asked her why she never chose him or a male student from his table. She stated that she trusted girls more than boys because boys were more
likely to horse around and not keep order in the classroom. In my Spanish class sophomore year, my classmates discriminated against me. The
group I was assigned to were all friends of mine who are of different race and culture. When we discussed grades we received on individual
assignments, they would look genuinely surprised that I had achieved a grade as good as theirs. I later asked them why and they told me they did not
think I was as smart as them because I am white.
The ADA is a Civil Rights law passed in 1990 to stop discrimination against people who have a disability in public places such as work, schools, bus
stations and any other place that the public can access. A person with a disability had the right to go to any public place, but until the ADA was
passed, it was very difficult for them to exercise that right. The ADA provides equal opportunities for people with disabilities in the work place as
well. The ADA set a standard for special accommodations so people with disabilities have easier access to

Race and The Affirmative Action Policies
The utilization of race in affirmative action policies in higher education has been a topic of contention for several decades now. Since the passing of
the Civil Rights Act of 1964, we have seen some of the most heated debates over the fairness of affirmative action and the impacts on society the
utilization of race creates. With such pending questions on fairness and of the constitutionality of affirmative action policies two major Supreme Court
cases have arisen, University of California Regents v. Bakke and Grutter v. Bollinger, both impacting university admissions policies throughout the
country and setting precedent in following rulings. Following the two rulings of these cases, I argue that affirmative action and the utilization of ... Show
more content on Helpwriting.net ...
While it was a milestone in the path of racial equality pushed for by the Civil Rights Movement, Critical Race Theory (CRT) states that the reason the
act was actually passed at the time was not just because of the growing momentum of the progressive civil rights agenda but because America's image
in the international community was tainted by the racism so obviously seen in the United States. The United States was championing freedom and
democracy abroad in its fight against communism but international leaders saw and criticized the behavior of the U. S. at home. The
interest–convergence principle clearly shows that the white European Americans supported such policy where the benefits received from a more
tolerant image being projected outweighed the rights given to minorities. This principle can be seen in the ruling of the University of California
Regents v. Bakke (1978), where Bakke was admitted into the school while the Court tailored the requirements for the utilization of race in admissions.
University of California Regents v. Bakke questioned whether the University of California Medical School at Davis (UC–Davis) violated the equal
protection clause in the Fourteenth Amendment and the Civil Rights Act of 1964 after it had repeatedly rejected

The Pros And Cons Of The Seventh Amendment
The ninth amendment is U.S. citizens are guaranteed their rights that are not listed on the Constitution, such as the right to privacy. Some court cases
that are tied with the ninth amendment is the Griswold v. Connecticut (1965), Regents of the University of California v. Bakke (1978), City of
Richmond v. J.A. Orson Co (1989), Boy Scouts of America v. Dale (2000), and Grutter v. Bollinger.
Griswold v. Connecticut was argued on March 28–29, 1965 and the decision of the Supreme Court was decided on June 7, 1965. It was questioned
whether or not the Constitution protected the rights of marital privacy (limits government intrusion into private family matters) against restrictions for
a couple to receive counseling on using contraceptives. Mrs. Griswold had given counseling to a married couple that had wanted to use birth control
and it was against Connecticut law to do so. The Supreme Court's ruling was that married couples have the right to privacy and the law was declared
unconstitutional as it violated the right of privacy. Married couples have the right to private privacy.
The Regents of the University of California v. Bakke was argued on October 12, 1977 and decision of the Supreme Court was decided on June 26,
1978. It was questioned if the University of California violated the Equal Protection Clause and the Civil Rights Act of 1964 by having an affirmative
action policy that led to repeated rejection of Bakke's application for admission to UC medical school at Davis.

Essay on The First Amendment and its Impact on Media
The First Amendment and its Impact on Media
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. The first amendment to the
United State's constitution is one of the most important writings in our short history. The first amendment has defined and shaped our country into what
it is today. The amendment has constantly been challenged and ratified through literature, court cases, and our media. In fact, media is driven by the
first amendment. Without it, we as citizens wouldn't be able to view or listen to what we want, ... Show more content on Helpwriting.net ...
The most famous defamation case, which still sets precedent in today's cases, is New York Times v. Sullivan (1964). New York Times v. Sullivan
(1964) is the leading case on the question of defamation liability for media defendants. The case, heard before the Supreme Court, declared that public
officials and figures could not recover for an alleged defamation unless they can prove both that the statement was false, and was made with actual
malice. This decision prevents the news media from reporting on false or slanderous stories. It protects the country's public icons seeing they are almost
always in the spotlight. In addition to defamation hindering media, obscenity and pornography on the net have placed limitations on what some
websites may provide in terms of content.
Under Miller v. California (1973) in order for material to be found obscene by a court of law, the material must appeal to the prurient interest, as
judged against local community standards. The material must also depict or describe sexual conduct (as defined by applicable state law) in a
"patently offensive" or "indecent" way and lack serious literary, artistic, political, or scientific value. These standards apply equally in the context of the
Internet as they do in ordinary books and magazines. Where material is found to be obscene, the First Amendment does not apply. This decision

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