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Papers On Supreme Court & Constitutional Law
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Legal Aspects of the Faith-Based Initiative
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A 10 page paper assessing the legality of faith-based initiatives as promoted by the Bush administration. The merits and dangers of government support for faith-based initiatives could be discussed for so long that no one is able to accomplish any good, and still without arriving at any common ground to which all could freely subscribe. The bottom line in considering whether public funding of faith-based initiatives is legal lies in the first phrase of the First Amendment, “Congress shall make no law respecting an establishment of religion.” Because Congress is not seeking to establish any religion, there should be no difficulty in supplying funding for sectarian organizations achieving real results in social pursuits. Bibliography lists 15 sources.
Filename: KSlawFaithBaInit.rtf
Legal Brief / U.S. Supreme Court Decision # 1
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R.A.V. v. City of St. Paul 505 U.S. _____ (1992) # 90-7675 ; Argued : 12/4/91 - 6/22/92 Primary issue discussed is whether or not law can prohibit hated based expression.
Filename: Legalbre.wps
Legal Brief / U.S. Supreme Court Decision # 2
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Lee v. Weisman 505 U.S. _____ (1992) Primary issue discussed is whether or not a school violates a person's right under the First Amendment by allowing a religious invocation at a state school function.
Filename: Legalbr2.wps
Legal Brief / U.S. Supreme Court Decision # 3
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New York Times v. United States 403 U.S. 713 (1991). Primary issue is whether or not the government has the privilege of enjoining the press prior to publications whenever it feels that national security is at stake.
Filename: Legalbr3.wps
Legal Brief / U.S. Supreme Court Decision # 4
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Wisconsin v. Mitchell, U.S. # 92-515 Argued : April 21, 1993 - Decided June 11, 1993. Primary issue is concerned with whether or not penalty enhancements (for hate crimes) such as Wisconsin's are prohibited by the 1st and 14th amendments.
Filename: Legalbr4.wps
Legal Brief / U.S. Supreme Court Decision # 5
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Texas v. Johnson, 491 U.S. 397, 109 S.Ct. 2533, 105 L.Ed.2d 242, Argued in 1989. From case : Since the State of Texas conceded that the actions of burning the flag were expressive conduct, the Court had to decide whether the State's regulation of flag burning related to suppression of free speech in order to determine which standard to apply. Then the Court had to decide whether the State had an interest in regulating the speech which overrode the First Amendment protections.
Filename: Sct.wps
Legal Issues in Human Resources: Harassment
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This is a 10 page paper discussing the legal issues of harassment within the work environment. Despite the well established legislative acts which exist in the United States and other countries which prohibit harassment within the work place, there are still many instances which still exist. The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act which prohibits harassment based on race, color, sex, religion, or national origin. The Age Discrimination in Employment Act prohibits harassment based on age and the Americans with Disabilities Act prohibits harassment based on a disability. In addition to the enforcement of these regulations in the work place, the EEOC also provides guidelines to employers as how to prevent and correct harassment by establishing written procedures, educating their managers and employees as to the policies and reporting procedures and immediate attention to any complaints registered among other measures. Despite these regulations and guidelines, corporations are still charged with many cases of harassment each year resulting in great monetary and reputation losses.
Bibliography lists 2 sources.
Filename: TJharas1.rtf
Legal Memo / N.J. Supreme Court Decision # 1a
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Henningsen v. Bloomfield Motors Memo reviews and analyzes an key 1960 New Jersey Decision regarding manufacturer and dealer liability. Rather than strictly adhering to the fact that a sales contract was signed, the Court in this case looked at the predicament in which a buyer is placed when involved in such a large, technical purchase as an automobile. The court also examined marketing philosophy and the media used to advertise to better decide whether or not the defendants could truly be relieved of the responsibilities that the contract as claimed.
Filename: Legalme2.wps
Legal Overview on Battered Woman/Child Syndrome
and Prevention of Forecasted Criminal Behavior
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Overviews and ramifications of case law on battered woman syndrome (Ibn-Tamis, Nixon) and battered child syndrome (Jahnke, Nemeth) criminal defenses, and how laws concerning prevention of forecasted criminal behavior (Tarasoff, Thompson v. Alameda, Brady v. Hopper). Bibliography lists 10 sources, including cases. jvBatter.rtf
Filename: jvBatter.rtf
Louisiana Gun Laws
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A 7 page essay on handgun laws in the state of Louisiana which examines the controversy which surrounds this issue. Both sides' arguments are presented as this paper tells of the most current skirmishes in a battle to see which will eventually take precedence--an individual's right to self protection or safety issues. Bibliography lists 7 sources.
Filename: Louisian.wps
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