This document discusses a circuit split regarding whether parents have a Fourteenth Amendment due process right to companionship with their adult children. The split arose from cases where parents brought wrongful death claims after a state actor killed their adult child. Some circuits have found such a right exists based on Supreme Court precedent recognizing parental rights to minor children. Other circuits have been reluctant to expand unenumerated constitutional rights without clear Supreme Court guidance. The document analyzes the relevant case law and argues the Supreme Court should recognize a parent's right to companionship with adult children in certain circumstances.
1. This document is a ruling from the Supreme Court of California regarding challenges to California statutes that limit marriage to opposite-sex couples.
2. The court must determine whether limiting marriage to opposite-sex couples while granting same-sex couples virtually all the same legal rights and obligations through domestic partnerships violates the state constitution.
3. The court concludes that the right to marry under the California constitution must be understood to apply to both opposite-sex and same-sex couples. However, reserving the designation of "marriage" only for opposite-sex couples risks denying same-sex couples equal dignity and respect.
This case involves seven same-sex couples who were denied marriage licenses and sued, arguing that New Jersey's marriage laws violated their equal protection and due process rights under the state constitution. The New Jersey Supreme Court held that same-sex couples are entitled to the same legal rights and benefits as married heterosexual couples but left it to the legislature to determine whether to amend marriage laws or create a separate statutory structure like civil unions. The court found no fundamental right to same-sex marriage under the state constitution but that denying benefits to same-sex couples violated equal protection. The legislature was given 180 days to comply. Chief Justice Poritz concurred in part and dissented in part.
The document provides an overview of key concepts in education law, including the following:
1) It outlines the four main sources of law: constitutional law, legislative law, judicial law, and administrative law. It also discusses common law. 2) It summarizes several important clauses and amendments of the U.S. Constitution related to education, such as the General Welfare Clause, Contracts Clause, and various amendments regarding rights. 3) It describes the federal and state court systems for handling education cases and the administrative appeals process.
This document discusses key concepts related to the nature of law including:
1) It outlines different types and sources of law such as constitutions, statutes, common law, administrative law, treaties, and ordinances.
2) It describes important legal doctrines like stare decisis, equity, and federal supremacy.
3) It classifies law into public law, private law, criminal law, civil law, substantive law, and procedural law.
4) It discusses jurisprudential philosophies like legal positivism, natural law, and legal realism and how they influence legal reasoning.
5) It provides examples of key cases that illustrate statutory interpretation, limitations on judicial power
1. The Supreme Court affirmed a lower court ruling that found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Section 3 defined marriage for federal purposes as between one man and one woman and denied federal benefits to same-sex couples legally married in their states.
2. The plaintiff, Edith Windsor, was legally married to her same-sex partner in Canada but was barred from claiming an estate tax exemption for surviving spouses under DOMA after her partner passed away. She paid estate taxes and sued for a refund.
3. While the plaintiff's case was pending, the Obama administration announced it would no longer defend DOMA in court. The Bipartisan Legal Advisory Group of the House
The document discusses the balancing of individual, state, and federal rights in relation to equal protection under the law. It describes how the framers of the Constitution wanted to give states authority but also prevent excessive state power, leading to tensions between state and federal control. Major events and court cases established that states could not deny citizens equal protection and due process, including the 13th and 14th Amendments abolishing slavery and guaranteeing citizenship. However, discrimination continued and affirmative action programs were later introduced to promote equal opportunity, though these remain legally complex issues.
Ch 3 Constitutional Limitations on the Prohibition of Criminal Conductrharrisonaz
The document summarizes various constitutional limitations on criminal laws and free speech protections under the 1st Amendment. It discusses limitations on treason, ex post facto laws, self-incrimination, and due process. It also analyzes key Supreme Court cases addressing free exercise of religion, free speech, obscenity, child pornography, and public nudity/performances. The document provides an overview of the evolution of legal standards regarding these important constitutional issues.
1. This document is a ruling from the Supreme Court of California regarding challenges to California statutes that limit marriage to opposite-sex couples.
2. The court must determine whether limiting marriage to opposite-sex couples while granting same-sex couples virtually all the same legal rights and obligations through domestic partnerships violates the state constitution.
3. The court concludes that the right to marry under the California constitution must be understood to apply to both opposite-sex and same-sex couples. However, reserving the designation of "marriage" only for opposite-sex couples risks denying same-sex couples equal dignity and respect.
This case involves seven same-sex couples who were denied marriage licenses and sued, arguing that New Jersey's marriage laws violated their equal protection and due process rights under the state constitution. The New Jersey Supreme Court held that same-sex couples are entitled to the same legal rights and benefits as married heterosexual couples but left it to the legislature to determine whether to amend marriage laws or create a separate statutory structure like civil unions. The court found no fundamental right to same-sex marriage under the state constitution but that denying benefits to same-sex couples violated equal protection. The legislature was given 180 days to comply. Chief Justice Poritz concurred in part and dissented in part.
The document provides an overview of key concepts in education law, including the following:
1) It outlines the four main sources of law: constitutional law, legislative law, judicial law, and administrative law. It also discusses common law. 2) It summarizes several important clauses and amendments of the U.S. Constitution related to education, such as the General Welfare Clause, Contracts Clause, and various amendments regarding rights. 3) It describes the federal and state court systems for handling education cases and the administrative appeals process.
This document discusses key concepts related to the nature of law including:
1) It outlines different types and sources of law such as constitutions, statutes, common law, administrative law, treaties, and ordinances.
2) It describes important legal doctrines like stare decisis, equity, and federal supremacy.
3) It classifies law into public law, private law, criminal law, civil law, substantive law, and procedural law.
4) It discusses jurisprudential philosophies like legal positivism, natural law, and legal realism and how they influence legal reasoning.
5) It provides examples of key cases that illustrate statutory interpretation, limitations on judicial power
1. The Supreme Court affirmed a lower court ruling that found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Section 3 defined marriage for federal purposes as between one man and one woman and denied federal benefits to same-sex couples legally married in their states.
2. The plaintiff, Edith Windsor, was legally married to her same-sex partner in Canada but was barred from claiming an estate tax exemption for surviving spouses under DOMA after her partner passed away. She paid estate taxes and sued for a refund.
3. While the plaintiff's case was pending, the Obama administration announced it would no longer defend DOMA in court. The Bipartisan Legal Advisory Group of the House
The document discusses the balancing of individual, state, and federal rights in relation to equal protection under the law. It describes how the framers of the Constitution wanted to give states authority but also prevent excessive state power, leading to tensions between state and federal control. Major events and court cases established that states could not deny citizens equal protection and due process, including the 13th and 14th Amendments abolishing slavery and guaranteeing citizenship. However, discrimination continued and affirmative action programs were later introduced to promote equal opportunity, though these remain legally complex issues.
Ch 3 Constitutional Limitations on the Prohibition of Criminal Conductrharrisonaz
The document summarizes various constitutional limitations on criminal laws and free speech protections under the 1st Amendment. It discusses limitations on treason, ex post facto laws, self-incrimination, and due process. It also analyzes key Supreme Court cases addressing free exercise of religion, free speech, obscenity, child pornography, and public nudity/performances. The document provides an overview of the evolution of legal standards regarding these important constitutional issues.
11/19/12 - Petition For Original Writ et al (PKH) - Supreme Court (Stamped)VogelDenise
This document lists 43 questions presented for review relating to lawsuits involving the petitioner Vogel Denise Newsome. The questions cover issues such as whether extraordinary circumstances exist warranting relief, whether judges and justices should have recused themselves due to conflicts of interest, whether the petitioner's right to a jury trial was violated, and whether various parties including Baker Donelson Bearman Caldwell & Berkowitz and government officials engaged in criminal, retaliatory, or conspiratorial acts against the petitioner. The petitioner seeks review of lower court rulings and requests relief including injunctive action.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
The document provides an overview of the key concepts in American law, including:
1) The main sources of law are the constitution, statutes, regulations, and common law precedents. It also discusses the differences between substantive and procedural law.
2) The US Constitution gives broad powers to regulate interstate commerce and protects individual liberties in the Bill of Rights. Notable Supreme Court cases have expanded the scope of federal power.
3) Individual rights like free speech, religious freedom, due process, and privacy are protected against government interference by the Constitution and laws. However, certain types of unprotected speech exist.
The document summarizes key aspects of civil liberties and rights protections in the United States, including:
- The Bill of Rights was drafted to protect individual liberties from infringement by the federal government.
- Through the 14th Amendment and the incorporation doctrine, the Supreme Court applied most Bill of Rights protections to state laws and actions as well.
- The First Amendment guarantees freedoms of speech, press, religion, assembly, and petition. It also established limits on establishment of religion.
- Other amendments provide due process, privacy, self-incrimination, double jeopardy, public trial and counsel rights for the accused.
- The Supreme Court has interpreted and applied these rights over time, especially expanding
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
The document summarizes key court cases and laws related to diversity and fairness in the United States:
Brown v. Board of Education (1954) ruled that racial segregation in public schools is unconstitutional. Bolling v. Sharpe (1954) extended this ruling to Washington D.C. schools via the Fifth Amendment. Plyer v. Doe (1982) struck down a Texas law denying schooling to undocumented immigrant children.
The Civil Rights Act of 1964 prohibited employment discrimination on characteristics like race and gender. The Immigration and Nationality Act of 1965 replaced discriminatory national quotas with a preference system based on skills and family ties. The Americans with Disabilities Act of 1990 prohibited discrimination against people with disabilities across various domains
Word es un programa de procesamiento de texto desarrollado por Microsoft que permite crear y editar documentos. Permite formato de texto como fuentes, tamaños, colores y estilos. También incluye opciones para insertar tablas, imágenes, formas, gráficos y capturas de pantalla. El documento contiene 41 lecciones sobre las funciones y herramientas de Word.
El documento describe diferentes modalidades de educación, incluyendo la educación presencial, escolarizada, a distancia, abierta, en línea y virtual. La educación presencial implica que el profesor y los estudiantes comparten un espacio físico común, mientras que la educación a distancia no requiere que se reúnan en persona. La educación en línea utiliza Internet, y la educación virtual es similar a la presencial excepto que usa medios electrónicos en lugar de reunirse en persona. Finalmente, la educación puede ser síncron
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Toni Litke is being recommended for a new position. As her current supervisor, the author states that Toni's role as a Financial Aid Counselor gives her experience counseling students that would benefit the new role. Students respect and trust Toni, knowing she will clearly explain financial aid issues. Toni has excellent communication skills and is organized, completing multiple tasks successfully. She also implemented the Federal Work Study program successfully. In closing, Toni is knowledgeable, enjoys helping students, works well with others, and goes above and beyond to help students and staff.
This document summarizes key topics related to computer security and privacy. It discusses security risks like viruses, unauthorized access, and theft of hardware, software, and information. It also covers security measures like access control, encryption, firewalls, and privacy laws. Computer safeguards are outlined such as backups, disaster recovery plans, and developing security plans. Internet and network security risks and protections are also briefly touched on.
This document outlines Georgia policies and procedures for receiving and processing intake reports of child abuse and neglect. It discusses the definitions of an intake report and required components. Intake reports can be made 24/7 via a centralized intake call center and must be entered into the SHINES database within a specified time frame. The document defines distinct types of intake reports and procedures for information collection, decision making, and required notifications to law enforcement and others.
Immediate total-body CT scanning (pan scan) was not found to reduce in-hospital mortality compared to selective CT scanning in trauma patients based on the results of the REACT-2 trial. The randomized controlled trial of over 1,000 severely injured trauma patients across 5 hospitals found no significant difference in mortality between patients who received immediate pan scans versus those who received selective CT scans based on clinical indications. While pan scans provided faster diagnosis and imaging times, they also exposed patients to higher radiation doses without evidence of improving outcomes. The trial found no clear benefit to adopting pan scans as the routine initial imaging approach for all severely injured trauma patients.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
1. Spinal shock is a temporary loss of spinal reflex activity below the level of spinal cord injury that occurs immediately after severe spinal cord injury.
2. It is demonstrated by a loss of muscle tone, reflexes, and sensation below the level of injury and can last from hours to weeks depending on the severity and level of injury.
3. Spinal shock results from the loss of descending facilitation from the brain to the spinal cord below the level of injury and goes through phases of areflexia, initial reflex return, hyperreflexia, and eventually spasticity as the spinal cord recovers over time.
عرض باور بوينت يشرح الوسائل السلمية لتسوية المنازعات الدولية ويوضح أهميتها ويفرق بين الوسائل المختلفة بما يفيدك في سرعة استيعاب المعلومات القانونية والتطبيق علي القضايا الدولية المطروحة علي الساحة الدولية وحل المنازعات المعروض أمام الجهات المختلفة للتسوية
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
an anderson book NS u Fourteenth Edition I Jacqueline .docxgalerussel59292
This document provides an overview of key concepts related to procedural and substantive due process under the 14th Amendment. It discusses how procedural due process requires fair procedures when depriving someone of life, liberty or property. Substantive due process requires the government to have an adequate justification for such deprivations. It also discusses how the Equal Protection Clause requires the government to treat similarly situated people alike.
This document is a syllabus for the Supreme Court case Dobbs v. Jackson Women's Health Organization. It summarizes that the case concerns Mississippi's law banning most abortions after 15 weeks of pregnancy. The plaintiffs challenged the law, arguing it violated precedents establishing abortion rights. The District Court and Fifth Circuit agreed, but the Supreme Court took up the case to determine whether the Constitution confers a right to abortion. Overturning Roe v. Wade and Planned Parenthood v. Casey, the Court held that the right to abortion is not rooted in the nation's history or the Fourteenth Amendment, and authority to regulate abortion returns to state legislatures.
This document summarizes a Supreme Court case that overturned Roe v. Wade and eliminated the federal constitutional right to abortion. It finds that the right to abortion is not rooted in the nation's history or traditions and that Roe was wrongly decided. The summary examines the reasoning and arguments presented in the case, finding that Roe lacked constitutional basis, historical support, and workable standards. It concludes that stare decisis does not require continued acceptance of Roe's flawed reasoning and that the authority over abortion regulation should be returned to elected representatives.
This document summarizes a Supreme Court case that overturned Roe v. Wade and eliminated the federal constitutional right to abortion. It provides background on the Mississippi law that banned most abortions after 15 weeks that was being challenged. The Court's decision finds that the right to abortion is not rooted in the nation's history or the Constitution. It overturns both Roe and Planned Parenthood v. Casey, ending federal abortion rights and allowing states to regulate or ban abortion. The decision returns the authority to regulate abortion to state legislatures and representatives.
11/19/12 - Petition For Original Writ et al (PKH) - Supreme Court (Stamped)VogelDenise
This document lists 43 questions presented for review relating to lawsuits involving the petitioner Vogel Denise Newsome. The questions cover issues such as whether extraordinary circumstances exist warranting relief, whether judges and justices should have recused themselves due to conflicts of interest, whether the petitioner's right to a jury trial was violated, and whether various parties including Baker Donelson Bearman Caldwell & Berkowitz and government officials engaged in criminal, retaliatory, or conspiratorial acts against the petitioner. The petitioner seeks review of lower court rulings and requests relief including injunctive action.
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.
The document provides an overview of the key concepts in American law, including:
1) The main sources of law are the constitution, statutes, regulations, and common law precedents. It also discusses the differences between substantive and procedural law.
2) The US Constitution gives broad powers to regulate interstate commerce and protects individual liberties in the Bill of Rights. Notable Supreme Court cases have expanded the scope of federal power.
3) Individual rights like free speech, religious freedom, due process, and privacy are protected against government interference by the Constitution and laws. However, certain types of unprotected speech exist.
The document summarizes key aspects of civil liberties and rights protections in the United States, including:
- The Bill of Rights was drafted to protect individual liberties from infringement by the federal government.
- Through the 14th Amendment and the incorporation doctrine, the Supreme Court applied most Bill of Rights protections to state laws and actions as well.
- The First Amendment guarantees freedoms of speech, press, religion, assembly, and petition. It also established limits on establishment of religion.
- Other amendments provide due process, privacy, self-incrimination, double jeopardy, public trial and counsel rights for the accused.
- The Supreme Court has interpreted and applied these rights over time, especially expanding
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
The document summarizes key court cases and laws related to diversity and fairness in the United States:
Brown v. Board of Education (1954) ruled that racial segregation in public schools is unconstitutional. Bolling v. Sharpe (1954) extended this ruling to Washington D.C. schools via the Fifth Amendment. Plyer v. Doe (1982) struck down a Texas law denying schooling to undocumented immigrant children.
The Civil Rights Act of 1964 prohibited employment discrimination on characteristics like race and gender. The Immigration and Nationality Act of 1965 replaced discriminatory national quotas with a preference system based on skills and family ties. The Americans with Disabilities Act of 1990 prohibited discrimination against people with disabilities across various domains
Word es un programa de procesamiento de texto desarrollado por Microsoft que permite crear y editar documentos. Permite formato de texto como fuentes, tamaños, colores y estilos. También incluye opciones para insertar tablas, imágenes, formas, gráficos y capturas de pantalla. El documento contiene 41 lecciones sobre las funciones y herramientas de Word.
El documento describe diferentes modalidades de educación, incluyendo la educación presencial, escolarizada, a distancia, abierta, en línea y virtual. La educación presencial implica que el profesor y los estudiantes comparten un espacio físico común, mientras que la educación a distancia no requiere que se reúnan en persona. La educación en línea utiliza Internet, y la educación virtual es similar a la presencial excepto que usa medios electrónicos en lugar de reunirse en persona. Finalmente, la educación puede ser síncron
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Toni Litke is being recommended for a new position. As her current supervisor, the author states that Toni's role as a Financial Aid Counselor gives her experience counseling students that would benefit the new role. Students respect and trust Toni, knowing she will clearly explain financial aid issues. Toni has excellent communication skills and is organized, completing multiple tasks successfully. She also implemented the Federal Work Study program successfully. In closing, Toni is knowledgeable, enjoys helping students, works well with others, and goes above and beyond to help students and staff.
This document summarizes key topics related to computer security and privacy. It discusses security risks like viruses, unauthorized access, and theft of hardware, software, and information. It also covers security measures like access control, encryption, firewalls, and privacy laws. Computer safeguards are outlined such as backups, disaster recovery plans, and developing security plans. Internet and network security risks and protections are also briefly touched on.
This document outlines Georgia policies and procedures for receiving and processing intake reports of child abuse and neglect. It discusses the definitions of an intake report and required components. Intake reports can be made 24/7 via a centralized intake call center and must be entered into the SHINES database within a specified time frame. The document defines distinct types of intake reports and procedures for information collection, decision making, and required notifications to law enforcement and others.
Immediate total-body CT scanning (pan scan) was not found to reduce in-hospital mortality compared to selective CT scanning in trauma patients based on the results of the REACT-2 trial. The randomized controlled trial of over 1,000 severely injured trauma patients across 5 hospitals found no significant difference in mortality between patients who received immediate pan scans versus those who received selective CT scans based on clinical indications. While pan scans provided faster diagnosis and imaging times, they also exposed patients to higher radiation doses without evidence of improving outcomes. The trial found no clear benefit to adopting pan scans as the routine initial imaging approach for all severely injured trauma patients.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
1. Spinal shock is a temporary loss of spinal reflex activity below the level of spinal cord injury that occurs immediately after severe spinal cord injury.
2. It is demonstrated by a loss of muscle tone, reflexes, and sensation below the level of injury and can last from hours to weeks depending on the severity and level of injury.
3. Spinal shock results from the loss of descending facilitation from the brain to the spinal cord below the level of injury and goes through phases of areflexia, initial reflex return, hyperreflexia, and eventually spasticity as the spinal cord recovers over time.
عرض باور بوينت يشرح الوسائل السلمية لتسوية المنازعات الدولية ويوضح أهميتها ويفرق بين الوسائل المختلفة بما يفيدك في سرعة استيعاب المعلومات القانونية والتطبيق علي القضايا الدولية المطروحة علي الساحة الدولية وحل المنازعات المعروض أمام الجهات المختلفة للتسوية
Chapter 3 Due Process, Equal Protection, and Civil Rights Those .docxchristinemaritza
Chapter 3 Due Process, Equal Protection, and Civil Rights
Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln
CHAPTER OBJECTIVES
After studying this chapter you should better understand:
· • The standards applied for determining whether a procedure satisfies the constitutional due process requirements
· • The manner in which the restrictions on federal government action in the Bill of Rights have been incorporated into the due process guaranty that applies to state actions
· • The U.S. Supreme Court’s approach to determining whether classifications violate the constitutional equal protection requirements
· • The classifications to which “strict scrutiny” is applied in the equal protection analysis
· • The basic remedies available for civil rights violations
At the heart of the rule of law lie the ideals that everyone should be treated fairly and equally before the law. Toward this end the U.S. Constitution protects individual rights by constraining government. But fairness and equality cannot be reduced to prohibitions. To reach more broadly the Constitution also includes fundamental guaranties. Many important court decisions and legislative acts addressing individual rights have been based on the two most fundamental general guaranties: the Due Process Clause and the Equal Protection Clause.
A Due Process Clause was part of the Fifth Amendment in the original Bill of Rights and it was aimed at the federal government. It provides that no person shall be “deprived of life, liberty, or property, without due process.” The original Bill of Rights did not mention equal protection of the laws in a general sense. The Fourteenth Amendment, added after the Civil War and aimed at former slave states, included the same due process provisions as the Fifth Amendment. The Fourteenth Amendment also included the Equal Protection Clause. It provides that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Although nothing in the text said that equal protection applied to the federal government as well as to the states, the U.S. Supreme Court eventually held that it did. In 1954 in Bolling v. Sharpe the Court said that “the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. The ‘equal protection of the laws’ is a more explicit safeguard of prohibited unfairness than ‘due process of law,’ and, therefore, we do not imply that the two are always interchangeable phrases. But, as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process.”1 Consequently due process and equal protection apply to both federal and state laws.
The Due Process and Equal Protection Clauses address government action. They require that laws and legal procedures be fair. As discussed in the final section of this chapter, other constitutional provisions or laws may directly address unfair or discriminato ...
an anderson book NS u Fourteenth Edition I Jacqueline .docxgalerussel59292
This document provides an overview of key concepts related to procedural and substantive due process under the 14th Amendment. It discusses how procedural due process requires fair procedures when depriving someone of life, liberty or property. Substantive due process requires the government to have an adequate justification for such deprivations. It also discusses how the Equal Protection Clause requires the government to treat similarly situated people alike.
This document is a syllabus for the Supreme Court case Dobbs v. Jackson Women's Health Organization. It summarizes that the case concerns Mississippi's law banning most abortions after 15 weeks of pregnancy. The plaintiffs challenged the law, arguing it violated precedents establishing abortion rights. The District Court and Fifth Circuit agreed, but the Supreme Court took up the case to determine whether the Constitution confers a right to abortion. Overturning Roe v. Wade and Planned Parenthood v. Casey, the Court held that the right to abortion is not rooted in the nation's history or the Fourteenth Amendment, and authority to regulate abortion returns to state legislatures.
This document summarizes a Supreme Court case that overturned Roe v. Wade and eliminated the federal constitutional right to abortion. It finds that the right to abortion is not rooted in the nation's history or traditions and that Roe was wrongly decided. The summary examines the reasoning and arguments presented in the case, finding that Roe lacked constitutional basis, historical support, and workable standards. It concludes that stare decisis does not require continued acceptance of Roe's flawed reasoning and that the authority over abortion regulation should be returned to elected representatives.
This document summarizes a Supreme Court case that overturned Roe v. Wade and eliminated the federal constitutional right to abortion. It provides background on the Mississippi law that banned most abortions after 15 weeks that was being challenged. The Court's decision finds that the right to abortion is not rooted in the nation's history or the Constitution. It overturns both Roe and Planned Parenthood v. Casey, ending federal abortion rights and allowing states to regulate or ban abortion. The decision returns the authority to regulate abortion to state legislatures and representatives.
This case concerns an appeal of a negligence claim by James Harris against Perisher Blue Pty Ltd relating to injuries sustained during a beginner ski lesson. The appeal court judges Sackville AJA and Young AJA both found that the trial judge had appropriately considered causation under the Civil Liability Act, and that Perisher's negligence was the cause of Harris' injuries. Specifically, they determined that proper precautions by Perisher would have avoided the harm to Harris. Therefore, the appeal was dismissed and Harris' damages award upheld.
This document discusses the concepts of judicial restraint and judicial activism. It provides examples of how judicial activism has manifested in important Supreme Court cases in the United States that have advanced civil rights and reinterpreted laws and the constitution. It also discusses how judicial activism emerged in India through public interest litigation, which has expanded the judiciary's role in public administration.
Judson, K., & Harrison, C. (20 16). Law and ethics for the h.docxtawnyataylor528
Judson, K., & Harrison, C. (20 16). Law and ethics for the
health professions. (7th ed. ). New York: McGraw-
Hill.
Law&Et cs
FOR HEALTH PROFESSIONS
KAREN JUDSON
CARLENE HARRISON
Key Terms
204
Privacy, Security,
and Fraud
LEARNING OUTCOMES
After studying this chapter, you should be able to:
LO 8. I Discuss U.S. constitutional amendments and privacy
laws that pertain to health care.
LO 8.2 Explain HIPAA's special requirements for disclosing
protected health information.
LO 8.3 Discuss laws implemented to protect the security
of health care information as health records are
converted from paper to electronic form.
LO 8.4 Discuss the federal laws that cover fraud and abuse
within the health care business environment and the
role of the Office of the Inspector General in finding
billing fraud.
LO 8.5 Discuss patient rights as defined by HIPAA, the Patient
Protection and Affordable Care Act, and other health
care entities.
FROM THE PERSPECTIVE OF . ..
ANN, AN R.N. IN A TEXAS HOSPITAL FOR NEARLY 25 YEARS,
remembers when patients' names were posted on the doors to their
rooms. She and her colleagues once freely informed telephone call-
ers and visitors how patients were progressing. Now, Ann remarks,
because of federal legislation to protect the privacy and security of
health care information, times have changed. "We have to be so care-
ful about releasing any information that when my father's dear friend
was admitted to my floor in the hospital where I work, I couldn't tell
him that his friend had been admitted."
From Ann's perspective, because she cares about her patients, she
would like to be able to talk more freely with family members or friends
who also care about her patients. But she is duty-bound to follow the law,
and she knows the benefits to patients for laws that guard their privacy.
From the perspective of friends and family members who call for infor-
mation about a patient, the law is harsh and hard to understand. They are
often angry when they cannot learn the status of a friend or loved one.
From the perspective of some patients, the law sometimes feels over-
protective and unnecessarily intrusive, but for others-such as the patient
who has tried to commit suicide and failed, who doesn't want anyone to
know he is in the hospital, or the battered spouse who doesn't want her
abusive husband to find her-it's a safety net they can depend on.
The United States Constitution
and Federal Privacy Laws
Contrary to popular belief, the term privacy (freedom from unauthor-
ized intrusion) does not appear in the U.S. Constitution or the Bill
of Rights. However, the United States Supreme Court has derived
the right to privacy from the First, Third, Fourth, Fifth, Ninth, and
Fourteenth Amendments to the Constitution.
LO 8.1
Discuss U.S. constitutional
amendments and privacy laws
that pertain to health care.
privacy
Freedom from unaut horized int rusion.
LANDMA ...
BackgroundThroughout the more than two centuries since the r.docxwilcockiris
Background
Throughout the more than two centuries since the ratification of the US Constitution, there have been “schools” of thinking about how it should be interpreted. In other words, groups of political thinkers and judges have tried to think of principles that should guide judges as they exercise this great power to interpret, or say whether a law conforms with, the US Constitution. More conservative judges tend to argue that the text of the Constitution and the previous legal decisions of the Court, or precedents, are the only things that should guide decisions. More liberal judges argue that one can not literally apply the text of the Constitution to modern cases. There is so much happening now that the Framers did not discuss or could have possibly anticipated. Thus, one must take into account broader issues when interpreting. The Constitution must be allowed to evolve with the times, and the Court must consider the public good in their interpretations.
One court case in particular highlighted the debate of original and evolving meaning in the interpretation of the Constitution --
Griswold v. Connecticut
(1965). The state of Connecticut had a law from 1879 that prohibited couples, even married couples, from using contraceptives and physicians from prescribing them. Estelle Griswold opened a Planned Parenthood clinic in Connecticut which offered contraceptive devices to women. It was promptly shut down. She appealed to the US Supreme Court and won the right to distribute contraceptives.
The majority of judges, 7-2, argued in their opinions that the women who received the contraceptives had a “right to marital privacy.” While the word “privacy” does not appear in the Constitution, the majority argued that the penumbra, the shadow cast or the implied meanings, in the 9th
Amendment, as well as other parts of the Constitution, protected people in their persons (and in their marital intimacy) from state intrusion, something Connecticut had done with this law. The minority judges responded that the majority was simply making up law. The opinions of the justices in
Griswold
demonstrate the constant debate of original and evolving meaning in the US Constitution.
Source
Source 1: Justice William O. Douglas, Majority Opinion
“The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance…. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment, in its prohibition against the quartering of soldiers “in any house” in time of peace without the consent of the owner, is another facet of that privacy. The Fourth Amendment explicitly affirms the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Fifth Amendment, in its Self-Incrimination Clause, enabl.
BUSW 390Please complete the following table and submTawnaDelatorrejs
BUSW 390
Please complete the following table and submit.
Legal Term Definition
Relevant Case Issues
What Elements Apply
· Standing (Right) to Sue
Allows for a party to bring suit to a court. Within the federal court any legal action cannot be brought to the court on the grounds of an individual or group being dissatisfied. The federal court only possess the authority to resolve authentic disputes according to Article III of the Constitution.
Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.
Primary Source: Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)
Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),
“Standing alone, would adversely affect only the generalized interest of all citizens in constitutional governance . . . We reaffirm Levitt in holding that standing to sue may not be predicated upon an interest of this kind…)
Member of the United States Armed Forces Reservist committee opposing their involvement in the Vietnam War pursed a class action against the United States Secretary of Defense. Respondents utilized the fact that they were United States citizen and taxpayers to pursue this class action however the respondents lacked standing to sue as taxpayers and citizens.
Legal Information Institute. (1992, June 12). Lujan v. defenders of wildlife, 504 U.S. 555 (1992). Legal Information Institute. Retrieved from https://www.law.cornell.edu/supct/html/90-1424.ZO.html.
1.The plaintiff must has experienced an injury that is considered of a legally protected interest being (a) concrete and particularized and (b) actual or imminent
2. There must be a causal connection between the injury and the conduct brought before the court
3.It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
Secondary Source: Legal Information Institute. (n.d.). Standing. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/standing.
Relation to Case: Schlesinger v. Reservists Committee to Stop the War, (72-1188), 418 U.S. 208 (1974),
Respondents must be able to proof that they will suffer an injury. This claim was found to lack standing due to the fact that the respondents could only tie in abstract injuries rather than concrete injuries.
Primary Source: Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992)
· Diversity of Citizenship
Is when all the parties on one side of a controversy contains a different citizenship then those of the other party. This is a requirement of diversity of jurisdiction because it promotes an unbiased court for the defendants.
Primary Source: Diversity of Citizenship Clause (U.S Const. Art. III § 2, cl. 1)
Secondary Source: Legal Information Institute. (2020, July). Diversity of citizenship. Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/diversity_of_citizenship. ...
The case involved a wrongful death lawsuit filed by Gregory B. Clark's parents after he died from injuries sustained in a car accident. Clark was a passenger in a car driven by an intoxicated minor. The plaintiffs sued the state of Arizona, arguing the state was partially responsible because it had abolished its dram shop act, which had previously allowed for liability against establishments that served alcohol to minors. The appellate court ruled that abolishing the dram shop act was a discretionary function of the state legislature and did not create a special relationship between the state and minors, so the state was immune from liability under the public duty doctrine
How does the right to privacy protect a women’s right to have an abomeagantobias
How does the right to privacy protect a women’s right to have an abortion or not?
Skinner v Oklahoma
Oklahoma wanted to make a law, that involved mandatory sterilization for individuals convicted of two or more crimes of "moral turpitude". For the first time ever, the court ruled the right to marry was fundamental, and the right of married couples to have children was an extension of this basic right and was important to the survival of the race. This case led to the question, did the constitution also include the right to not have children?
Since than the courts have heard many abortion cases including
United States v Vuitch (1971), Roe v Wade (1973) and Doe v Bolton (1973).
By 1971, federal courts across the country had invalidated more than a half a dozen state criminal abortion laws. Many felt the laws, violated the reproductive freedom of women and were challenged by the ACLU, the National Association for the Repeal of Abortion Laws, Planned Parenthood, the National Organization for Women, physical activist, law professors, public interest lawyers, and attorneys in private practices.
In January 1973, a court ruled 7-2, that the right to privacy found in the Due Process Clause of the 14th Amendment was broad enough to include a woman's decision whether or not to terminate her pregnancy. However, even though the courts have declared Abortions safe under the 14th amendment, " one must also remember that each state also has its own constitution, with rights analogous to their counterparts (Grondelski, 2013, 77 &78)". The results for each state seem to be mixed. Some states, such as New Jersey go above and beyond what the federal court, expected. Including paying for an abortion with medicaid. Some states have avoid creating "state rights" for abortions. In Florida and Mississippi, have used parental consent and parental notification to expand state abortion rights. A total of 12 state supreme courts, have recognized legal abortions in their state constitutions: Alaska, California, Florida, Massachusetts, Minnesota, Mississippi, Montana, New Jersey, New Mexico, New York, Tennessee, and Vermont.
Is this a constitutionally valid interpretation of the right to privacy? Why or why not?
The 14th Amendment
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
What is Privacy
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath
The right of privacy was not originally mentioned anywhere in the constitution. However, if you look at the other amendments, especially due process of the 14th amendment, all of these things wo ...
This document provides a summary of federal regulation and enforceability of surrogacy contracts in the United States. It begins with definitions of traditional and gestational surrogacy. It then discusses the lack of federal laws regulating surrogacy and inconsistent state laws, leading to uncertainty around enforceability. Two landmark surrogacy cases from the 1980s and 1990s, Baby M and Johnson v. Calvert, are summarized. While they reached opposite conclusions, neither established clear precedent. Overall, the document argues the lack of federal regulation has resulted in complicated legal questions around surrogacy that remain unresolved.
Second Set of Case Briefs Due December 3Mikaela Haley
The document provides summaries of several Supreme Court cases related to civil liberties and equal protection under the 14th Amendment. It summarizes the facts, issues, holdings, reasoning, decisions, dissents, and significance of cases including Lochner v. New York, U.S. v. Carolene Products, Roe v. Wade, Planned Parenthood v. Casey, Lawrence v. Texas, Plessy v. Ferguson, and Brown v. Board of Education. The summaries concisely outline the essential details and outcomes of the landmark cases.
Section 1983 Litigation by Karen Blum - 136 pagesUmesh Heendeniya
This chapter discusses the "under color of law" element of a Section 1983 claim. It explains that this element is typically met when government employees are performing their official duties. However, when private actors are involved, courts examine whether there was joint action between public and private parties, an intertwined relationship, state encouragement of the private conduct, or a public function was performed. The chapter provides that when suing a government entity, such as a city or county, the "under color of law" requirement is met because the entity was created by state law. Government employees generally act "under color of law" when performing their job duties, even if contrary to state law or when exercising professional discretion.
The document provides an in-depth overview of the due process clause of the 5th and 14th Amendments to the US Constitution. It discusses that due process originated from the Magna Carta and requires the government to follow fair procedures before depriving someone of life, liberty, or property. The document also examines key Supreme Court cases that have interpreted and expanded due process rights. It analyzes the debate around substantive versus procedural due process and the impact of due process in protecting individual rights and limiting government overreach.
The American Experiment to "secure the Blessings of Liberty to ourselves and our Posterity" fleshing out through 14th Amendment, historical context, privileges and immunities clause, citizenship clause, equal protection clause, and due process clause. Illustrated through Gore v. Bush.