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Equality & affirmative action
Race equality in the us
Equality & affirmative action
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The first chapter of Uncertain Justice by Laurence Tribe and Joshua Matz was an interesting read, much more interesting than a textbook. I honestly didn’t think the authors took an overly liberal or conservative approach when describing Gruttinger, Fisher, Windsor, or any of the other rulings by the Court. I liked how it went into detail about the opinions of the individual justices, highlighting instances where specific justices highly disagreed with one another. The fundamental issue in this section was equality, and if we as a nation have achieved equality through recent Supreme Court rulings. It discussed perceived racial inequality relating to the use of affirmative action and violations of voting rights, as well as perceived inequality against the LGBTQ community in relation to the right of marriage. …show more content…
The title of the chapter was “Equality: Are We There Yet?” and the authors’ stance was more or less that the question was yet to be determined by the Roberts Court, which relates to the title, Uncertain Justice. It was clear that some of the justices believe we have reached racial equality enough to curtail practices that inherently cause reverse discrimination, while other justices say we have not yet reached that point. Additionally, some of the justices do not believe there is a constitutional right to equality in regard to same-sex marriage, while others couldn’t disagree more. Thusly, I agree with the authors that there is no definitive answer to the question posed in the chapter at this time because it relates to issues that have been unanimous in the past or will still have to be ruled upon by the Roberts Court in the
The book, Celebrated Cases of Judge Dee (Dee Goong An), takes place in China, during the Tang dynasty. The Tang dynasty took place from 618-907 CE and included both Confucian and Legalist influences. Located in the Province of Shantung, is the town district called Chang-Ping, where Dee Goong An served as the town 's magistrate. A magistrate is a judge, detective, and peacekeeper who captures criminals and is responsible for their punishments. The people of China looked at magistrates as the "mother and father" of their town. Magistrates received a large amount of respect from the people due to the amount of authority and power they had. With so many people relying on him to make their home
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Shnayerson, Robert. The Illustrated History of The Supreme Court Of The United States. New York: Abrams, 1986.
In a handful of occasions such as in an interrogation it seems reasonable enough to lie to an individual in order for them to confess to a crime. A case law that shows this was Frazier v. Cupp in which according to Police Link, “ The case involved the interrogation of a homicide suspect who was falsely told that an accomplice had already implicated the suspect in the killing.” In the case of Frazier v. Cupp kept on getting integrated even after he asked to speak to a lawyer so as a result he ended up doing a written confession where he confessed about being part of the murder that was later used as evidence against him.
Justice John Paul Stevens initially took a moderate stance on abortion rights prior to and immediately after joining the Supreme Court. When President Gerald Ford nominated then-Judge Stevens, abortion rights were not as politically controversial as they are today. In a sense, Justice Stevens did not have to take a strong stance on abortion in order to make it onto the Supreme Court. As his time on the Supreme Court went on, Justice Stevens developed a more pro-choice stance in deciding abortion rights cases. After the Reagan-era rise of conservative Republicans, evangelical abortion advocates emerged to the forefront of American politics and media. Justice Stevens always recognized the right to choose established in Roe v. Wade, but may not have felt the strong need to preserve and protect it early in his career. As the years went on, Justice Stevens’ abortion jurisprudence developed into a more pro-choice friendly jurisprudence than that which he initially espoused, likely due to the increased controversial nature of the abortion debate. Justice Stevens felt the need to protect and preserve the stare decisis first established in Roe. In some of the later cases, Justice Stevens developed a strategy to approaching abortion cases and realized that some compromise was required in order to preserve the right to choose. In the early 1990s, Stevens acted as almost a mediator between the liberal and conservative Justices. Stevens did what he could to preserve the fundamental rights from Roe.
As with all Supreme Court cases, the meaning of the Lawrence v. Texas will deepen when in the process of its interpretation as well when it is cited by the lower state courts and The Supreme Court itself. In any situation, the decision in the case contains the brave declaration of the dignity and freedom of choice of all homosexual individuals. It was celebrated by the homosexual activists fighting for the equal rights in the hope that the future legal advances may follow. Social conservatives have deplored the decision for the same reason. Nevertheless, the ruling of the Court was neutral, therefore it was fair.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
I will be sentencing Nathan Ybanez as a youth. His sentence will be 1 year of intensive rehabilitation custody, jail for 1 year, probation for 3 years with an attendance order at a University, and 125 hours of community service. This sentence will be meaningful because he will serve time but not too much that it will make him feel like he will never get out. It will also make sure that he knows what he did was wrong. Rehabilitation will be no trouble for Nathan because he will be educated not only with schooling but also with emotional issues that may pop up in the future. Reintegration will be simple for Nathan because he will have supervised time in society and will be learning through the process.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
The search for equality in “Harrison Bergeron” can be related to various issues in today’s society such as public health care and same-sex marriage.. As a society America prides itself on being a place where all men are created equal but are all men truly created equal? Or does the “Constitution only formally recognize equality for most citizens” (Merritt)? All citizens must abide by the same laws but not all citizens are afforded the same rights or opportunities. All men are created equal but healthcare is only for people who can afford private insurance. The passing of Proposition 8 asserts that marriage is only recognized as a union between a man and a woman but according to Chief Justice Ronald George, “same-sex couples still have the right to domestic partnerships resembling marriage” (“Setback for Equality”) but these domestic partnerships are a façade created by the government and
Our Supreme Court, considered the most diverse in its history, has six Catholics, three African Americans, three women, three Jews, two Italian Americans, and the first Hispanic justices. While we have gender, racial, and religious diversity, however, all nine justices on the Roberts Court graduated from Yale and Harvard Law School. They all followed a narrow and similar professional career path. Our current bench not only lacks educational diversity, but also experience in politics, criminal defense, and as solo practitioners. For a well reflected understanding of the communities the Supreme Court serves, educational and professional diversity on the Supreme Court is imperative.
Hanna, C. (2011). STATE CONSTITUTIONAL DECISION-MAKING AND PRINCIPLES OF EQUALITY: REVISITNG BAKER V. STATE AND THE QUESTION OF GENDER IN THE MARRIAGE EQUALITY DEBATE. Albany Law Review, 74(4), 1681-1700
Personally, I think the strategies the court used were understandable. The issue of racial inequality is such a delicate topic in the United States, not only historically but today as well. Perhaps the Supreme Court didn’t move as fast as others would have liked or took to small of steps as a part of their strategy to get to the ultimate goal. But the goal was reached to a certain degree and separate but equal was finally diminished.
The present system of justice in this country is too slow and far too lenient. Too often the punishment given to criminal offenders does not fit the crime committed. It is time to stop dragging out justice and sentencing and dragging our feet in dispensing quick and just due. All punishment should be administered in public. It is time to revert back to the "court square hanging" style of justice. This justice would lessen crime because it would prove to criminals that harsh justice would be administered.