and Legitimate Sixty years ago, the United States placed Japanese-, German-, and Italian-Americans in internment camps. Our country has also excluded people of various nationalities simply because we didn't like "their kind." The government's scrutiny of Middle Eastern students in response to September 11 has thus evoked acute suspicions and fears that the Hollywood scenario in "The Siege" will become a reality. Others are concerned that even if internment is a remote possibility, the recent heightened
zeitgeist turned more towards gender equality in the public sphere, decisions in landmark Supreme Court cases began striking down more statutes that were discriminatory based on gender. However, for a while the Court refused to place a higher level of scrutiny on claims of gender discrimination under the Equal Protection Clause. In 1971, the Supreme Court examined a challenge to the Idaho Probate Code that preferred males over females in all probate battles in the case of Reed v. Reed, 404 U.S. 71 (1971)
The race is always a big part of any society, but it is probably a very critical subject in the American society. The United States is one of the most diverse countries in the world in terms of race, religion, culture, and other subjects. The United States passed by much racial inequality, and segregation, which was by-laws. But, when time passed, many of these laws were revised and new laws were held to ensure equality. The United States courts have experienced many cases regarding racial inequality
First Amendment Relation to Pornography and Obscenity Pornography refers to sexual materials designed to arouse sexual desire of viewers/readers. The provisions of the First Amendment prohibit the government from abridging the freedom of speech (Hafen 210). Despite the provisions, the US Supreme Court interprets the constitution to identify the limits and boundaries inherent in the First Amendment rights. Accordingly, the First Amendment does not protect two types of pornography: child pornography
Gender Equality and the Law One of Ruth Bader Ginsburg’s primary goals of the Women’s Rights Project’s litigation was to prove that stereotypical treatment of gender under the law was unconstitutional. It was Ginsburg’s goal to make the Court realize that “the law’s differential treatment of men and women, rationalized as reflecting “natural” differences between the sexes, historically had tended to contribute to women’s subordination” (Ginsburg 11). Ginsburg carefully selected cases which she
statute. Before discussing several specific cases and caveats as to how the law applies to specific groups, it is necessary to justify the decision to hold these classifications only to the level of ordinary scrutiny. First, appellants argue that the classifications merit heightened scrutiny because they violate th... ... middle of paper ... ... but New Jersey’s law goes farther, restricting voluntary vaccinations “until every person in categories (a) and (b) had been inoculated” (Prompt). The
differences, be it sexual orientation, age, and or handicapped status, have been pointed out and discriminated against. Many advocate for stricter guidelines to be placed on new laws that might seem offense and or discriminatory. This is referred to as Strict Scrutiny and it is deemed as a necessity by some in order to remain a progressive society. This means that before a law can be made it must undergo carefully inspection by the Supreme Court. (180-181) I believe that this argument does have merit and should
Any injury to an individual which is caused by another is called a tort. We have learned so far that these torts fall under three specific types, intentional, negligence and strict liability. I am sure that if I was to sit and reflect on the past that I would be able to recall being a victim, more than once, to some form of a tort and this is probably true for most people. Most restaurants have worked so hard to get rid of any potential tort issues because of previous incidents(not necessarily
Vicariouis Liability and Article 21 I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement
The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of vicarious liability
Identifying Social Problems The definition of a social problem varies greatly depending on whether an objectivist approach or a constructionist approach is taken. This is because sociologists that adopt these unique perspectives will differ in how they view the nature of a social problem. The objectivist definition of a social problem is perhaps more common sense because it "suggests that the essence of social problems lies in objective social conditions and that some conditions are problems
and technology and education have advanced immensely. With the change, the Constitution had to be modified and loosely interpreted, to better not only it, but the life of American citizens. Therefore, I believe that loose construction is better than strict construction, because it allowed early society to expand the power of the executive branch, which later improved society itself. Throughout his presidency, Abraham Lincoln, was criticized for actions that were deemed “unconstitutional.” Although,
But this is departed from when creating strict liability offences. Strict liability offences require “proof that the defendant performed the prohibited conduct, but do not require proof that the defendant was blameworthy” . There are many interpretations of the term, one of the most accepted formal concept details strict liability offences as those ‘that contain at least one material element for which there is no corresponding mens rea requirement.’ Strict liability offences are not usually indictable
Question one And how did it acquire that interest? How did that interest relate to Mrs Nathan? Why do what property interest did Dollars & Sense register under the Torrens system you think Dollars & Sense registered its interest? Answer: Torrens title system with the launch of New South Wales, January 1, 1863, was introduced in Acton property. Then all the land under the provisions of the Act granted by the Crown. By state guarantees indefeasible title to land is involved in the registration,
During the presidencies of Jefferson and Madison, Republicans, such as Jefferson were seen as strict constructionists of the Constitution while Federalists, like Madison, were generally looser with their interpretations of the Constitution's literal meaning. While the constructionist ideas were part of what separated the two parties from one another, Jefferson and Madison are both guilty of not adhering to these ideas on many occasions. Jefferson writes in a letter to Gideon Granger expressing
nations." (Document A). The Federalists of the United States were known as the loose constructionists, where if there is something which the constitution does not state, then it should be allowed to be done. The Jeffersonian Republicans were known as strict constructionists for their views towards the constitution that if there is anything that is not in the constitution, then it cannot be done. The Jeffersonian Republican party centered many of their political moves on the basis of creating a strong
Loose and Strict Constructionist of the Constitution The main similarity was that both factions recognized the Constitution as the guide that must be followed in running the new nation. The difference was on how they thought it guided us. Strict constructionists said that it was to be followed to the letter...if it wasn't in the Constitution you couldn't do it. They felt that it covered everything adequately and allowing a broad interpretation opened up too many possibilities. Loose construction
purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments
democratic nation. However as the democracy continued to grow, two opposing political parties developed, the Jeffersonian Republicans and the Federalists. The Jeffersonian Republicans believed in strong state governments, a weak central government, and a strict interpretation of the Constitution. The Federalists saw it differently. They opted for a powerful central government with weaker state governments, and a loose interpretation of the Constitution. The seemingly solid divide between Federalist and Republican
Title Life with metaphors Life has metaphors that can be found in our actions, thoughts, and circumstances. Two metaphors that can be found in our lives when we experience situations can be compared to “turning over a new leaf” that has positive effects, and “digging your heels in” that has negative and positive effects from choices people make. Our beliefs help us live each day to handle decisions, goals, and responsibilities during any period of our lifetime. Our purpose in life is to use the