as a result of abuse or neglect. No child should have to be in fear or in pain, let alone have that pain and fear be caused by the very people who brought them into the world. The topic I chose to write about is child abuse. I strongly feel that the Due Process Clause as well as several other laws and rights should be designed to help protect children, not prevent them from getting help. Everyone has the right to life, liberty, and the pursuit of happiness. As well as the right to pursue their…
U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit, respectively. Each has an involved history with Minnesota’s governor, Joyce Cooper. In this paper, I will argue that the Fourteenth Amendment’s Due Process Clause bars Skinner, but not Tiller, from hearing two cases to which Cooper is a party: the Sierra Club case and the Cooper Corruption case. I address each of the two cases in parts I and II of the paper. Under each of those parts is two…
the expulsion as a violation of her due process rights. Can the student challenge the action? Surprisingly, the answer depends on which federal circuit the student lives in. In 1975, the United States Supreme Court held that state law could provide primary students a property interest in their education. However, forty years later, courts remain uncertain of when such an interest exists for university students. In Goss v. Lopez, the Supreme Court extended due process protections to a…
Due Diligence The following report answers two questions to get a better understanding of the term due diligence. It will describe where the term due diligence came from and from what case. The report also examines an industrial fatality in Alberta and tries to identify what happened and makes recommendations on due diligence for the case study. Where did the term “due diligence” come from, what case? “In the late 1970s, the due diligence defense was made available to a new category of…
The Importance of Due Process in the Criminal Justice System Andy X. Hernandez Troy University Abstract Criminal justice is not just about going after criminals and putting them behind bars. There is more to it than just locking one up. There are certain checks and balances and rights that defendants have before, during, and after their trial. We have learned that each defendant is afforded protection by the Bill of Rights such as right to a speedy trial (Sixth Amendment) and the…
However, the Caviezel court noted that the Supreme Court has mentioned religious exemptions two other times in Wisconsin v. Yoder and Employment Division, Department of Human Resources of Oregon v. Smith. These were two very influential cases involving the Free Exercise Clause. Both times the Court had indicated that no exemption exists. First, in Yoder, the case in which the Court had exempted Amish children from Wisconsin’s compulsory education law, the Court stated that “[t]his case,…
on the role of the government in public housing. Historically, the government did not involve itself in housing law until the administration of Franklin D. Roosevelt in the 1930’s. During the Industrial Recovery Act, the government for the first time took a stance on improving housing for the poor. After the 1930’s, the government became to place federal housing programs or initiatives into place for the advancement of white people. In my opinion, I believe that the distinction between public…
to certain levels is not because they are not gifted; neither is it because the individual is not offered an opportunity. Rather, the failure to excel is due to the lack of due diligence that success and increase require. All sustainable increase and elevation will require a certain amount of diligence worthy of that level. Rare are the times when someone is promoted…
qualify for protection under the Due Process Clause of the Fourteenth Amendment. This case is similar to the case at hand because it involves the assessment of student’s rights to due process during the expulsion process. With the Goss decision in mind, it can be concluded that the expelled Howard students also have constitutional rights that protect their right to due…
In Young v. New York City Transit Authority, the courts used different tests and relevant precedents to determine if begging and panhandling should be protected under the freedom of speech doctrine. The two-prong test was developed by the Supreme Court in Spence v. Washington to determine if expressive conduct was protected as a form of speech under the First Amendment. “The first prong of the test requires a court to determine whether there exists an intent to convey a “particularized message.”…