NUR 714 Legal Case Study Analysis Paper Dorrough v. Wilkes (2002) No 2001-CA-00117-SCT Jonathan R. Heshler California University of Pennsylvania NUR 714 Legal Case Study Analysis The purpose of this paper is to analyze and review the case of Dorrough v. Wilkes (2002). This civil case involved a female patient (Gwendolyn Wilkes) presenting to the emergency room at Boliver County Hospital, being misdiagnosed and discharged by Dr. Dorrough, dying the next day at another hospital after emergency surgery and the patients husband and son bringing a wrongful death medical malpractice action suit forth.…
Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…
The Tinker v. Des Moines supreme court case was very tricky but at the end the result of it was that the school didn’t have the right to suspend the two kids. There are a couple of reasons why. They were exercising their rights, they also didn't cause distractions, and their argument was weak First of all, The Des Moines didn't have the right to suspend the students that wore the armbands. The argument that the dissent had was and should have been strong enough to win the jury’s anonymous vote. The argument had some strong points, one of the strongest was their constitutional rights.…
MILLERSBURG — A Holmesville man who reportedly was wandering around downtown Millersburg with a knife on Monday is in custody, facing several related criminal charges. Still shirtless and apparently agitated, Andrew Whitman, 34, of 7277 Township Road 525, appeared via teleconference from the Holmes County Jail in Holmes County Municipal Court, where he is charged with disorderly conduct, inducing panic and criminal trespass stemming from the prior day's activity. It's not the first law enforcement has encountered him recently.…
Relief Sought: Petitioner filed suit against the Western Line Consolidated School District seeking reinstatement because the nonrenewal of her contract violated her First and Fourteenth Amendments. Issues: Givhan v. Western Line Consolidated School District addressed a teacher’s right to free speech under the First and Fourteenth Amendments. Facts: Bessie Givhan, a teacher in Mississippi’s Western Line Consolidated School, went into the principal’s office and expressed her opinion concerning the school’s hiring practices and policies. She believed that the practices were racially prejudiced, and after expressing her opinions, the principal claimed that the teacher made unreasonable and hostile demands. After the school year, her teaching contract was not renewed.…
Board of Education of Topeka which might of been the most significant Supreme Court case argued by Marshall in fight to end segregation. Sit-ins were non-violent protest in which both blacks and whites attempt to desegregate lunch counters by sitting at counters until served and were often faced with humiliation and verbal/physical violence. Boycotts were the intentional refusal to use or pay for something like with the Montgomery Bus Boycott after Rosa Parks refused to give up her seat to a white man and was arrested it resulted in the desegregation of Montgomery buses after 381…
Accessed 27 Mar. 2018. Gearey, Davd P. “New Protections after Boy Scouts of America v Dale: A Private University’s First Amendment Right to Pursue Diversity.” The University of Chicago Law Review, vol. 71, no. 4, 2004, pp. 1583-604. Google Scholar, chicagounbound.uchicago.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/&httpsredir=1&article=5276&context=uclrev.…
In the Supreme Court case Tinker v. Des Moines, the Tinkers were suing because they believed that their school violated their first amendment right to freedom of speech. This case was decided in 1969 under the Warren Court with a 7-2 decision. Three of the Tinker children and one of their friends wore black armbands to school to protest the Vietnam War. Just before the children did this, the school made a rule against protesting the Vietnam War. When the children went to school with the black armbands on, they were suspended.…
Court Case Review Throughout the years the United States government has been faced with several discussions. Some of these have become very important throughout history and have left a significate impact on society. These cases range from birth control privacy rights to equality. Among these cases are Griswold V. Connecticut, Baze V. Rees, and Brown V. Board of Education.…
Mosley then appealed to the United States Court of Appeals for the Seventh Circuit, asking them to review it. Even though, the city of Chicago argued that the ordinance was not prohibiting the content, but instead trying to prevent disruption of the school. The court went with Mosely proclaiming that the ordinance prohibited protesting based off of the content even around the schools. The question that now arose was did the Chicago ordinance violate the First Amendment? The seventh court ruled that yes it did in fact violate the First Amendment.…
In the matter of Roper v. Simmons (2005), 17 year old Christopher Simmons and two accomplices had planned a murder in great detail and carried out the killing of victim Shirley Crook. In 1993, Simmons entered Crook’s home, robbed her, tied her up, and finally threw her off a bridge. The case had an overwhelming amount of evidence including a confession from Simmons, testimony from another accomplice in the planning of the murder, and a videotaped reenactment of the murder. At the age of 17, after a brief trial, Simmons was found guilty of the crimes and subsequently sentenced to death (Roper v. Simmons, n.d.). From prison, Simmons filed appeals to both state and federal courts, but with each, his sentence was upheld (Roper v. Simmons, n.d.).…
Legislative history helps clarify the text when there is statutory ambiguity. See Barnhill v. Johnson, 503 U.S. 393, 401 (1992) (noting reference to legislative history is only useful to resolve statutory ambiguity). Even if we look at the legislative history of Ordinance 328, since its implementation in 2008, it has been applied sparingly and has never been applied based on the content of speech. Ordinance 328 is not subjective. Whether it be a high school pep rally or an animal rights protest if it causes a disturbance it must be regulated.…
DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…
To first assess the demands of the question and thereby determine how James Madison and I would decide the case of Lee v. Weisman, it is imperative to outline Madison’s primary and germane arguments in his “Remonstrance” and also explore the two prevailing yet competing judicial interpretations of the First Amendment. A rebuttal of Patrick Henry’s “A bill establishing a provision for Teachers of the Christian Religion,” Madison’s “Remonstrance” lists fifteen arguments and refutations of Henry’s bill to the Virginia state legislature, three of which neatly apply to Lee: 1) Man must render God in a way that is acceptable to him, not the state, 2) religious laws may not trespass on the rights of the minority and 3) religious laws may not inflict…
The First Amendment defines and protects the religious rights of all individuals based on the establishment and the free-exercise clauses written into the U.S. Constitution. Public schools are presented with the unique challenge of trying to balance the religious freedoms students’ are entitled, while simultaneously maintaining a separation of Church and State. Schools must take proactive steps to ensure educators understand the legal requirements mandated by the First Amendment. By establishing clear policies and training workshops, schools can ensure teachers are knowledgeable in managing religious expression. Although, these steps provide important guidelines, they may still fall short of eliminating all debates or avoiding controversy among the diverse student population.…