Lemon v. Kurtzman

Roe v. Wade the Supreme Court case has continually persisted to cause major debates for years upon years. Should abortion be legal is the million dollar question. In 1973 the decision cast was that yes, abortion is a legal right for women. Now over forty years later, a very similar case is back in the Supreme Court. In late 2015 the new case centered on Texas abortion laws shifted to the forefront of the media. After forty years of legal abortion, people are continually protesting the issue.…

Allison D. Kuhn’s article titled “If You Cannot Afford an Attorney, Will One Be Appointed for You?: How (Some) States Force Criminal Defendants To Choose Between Posting Bond and Getting a Court-Appointed Attorney”, published in 2012, provides a critique of the present-day US system of assigning state-provided counsel to indigent defendants. The author focused on the ambiguity of the term ‘indigent’ and criticized the system of indigence determination based on the defendant’s ability to post a…

The exclusionary rule acts as a control over law enforcement behavior and focuses on the failure of officers to obtain warrants authorizing them to conduct searches. Additionally, the exclusionary rule is grounded in the fourth amendment designed to protect citizens from illegal searches and seizures. The Fremont Weeks took place in 1914 and is considered as one of the first cases that the exclusionary rule was implemented. MR Weeks was arrested for using the mail to transport tickets for a…

Dr. Seuss once said, “A person is a person, no matter how small”. Abortion is a topic of debate across the world, and almost everyone has very strong feelings about it one way or the other. This topic raises hard to answer questions such as: when does life begin? At conception? At birth? Somewhere in between? It’s a difficult question to answer, but many have tried to define a line. Although a fetus does have some rights, I believe the fetus and embryo should have nearly complete protection and…

The estates of the deceased victims may rely on the landmark case of Donoghue v Stevenson to argue that Hughes Aviation is liable for the deaths. According to Lord Atkin in this case in his famous dicta of the neighbor principle where he stated that manufacturers of products may be held liable for defects in their products when…

The idea of racism is a weird thing. Its an idea of hatred, of showing that because someone is a different color, they are somehow superior or inferior. Since the 1600s when African Americans came to America they are have been treated differently, and up until the 1900s, they were still treated as inferior. Now it is 2016, and segregation is illegal, slavery is illegal, and black people share all the rights of a white person. But just because it is illegal to enslave another human does not mean…

Until recently in 2005, the United States Supreme Court ruled in Roper v. Simmons that the death penalty cannot be applied to individuals who were under the age of 18 at the time that the crime was committed (Adelman, 2005). The mentally ill and insane are also exempt from the death penalty. In the Ford v. Wainwright case of 1986, the Supreme Court banned the execution of insane persons. However this was reversed in Penry v. Lynaugh (1989), when the Court decided that the execution of people…

The case of caparo and its establishment of a tripartite test in establishing a duty of care just the latest attempt by the judiciary to articulate a general test the establishment of a duty of care concepts of foreseeability and neighbourhood as mentioned by Lord Aitken in Donaghue and Stevenson. The basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity…

In recent years, abortion has become a common thing in America. 21% of women who are getting abortions feel that they are not ready to take on the responsibility of taking care baby (Abortions). Another 21% feel as if they have insufficient finances to provide the child with its necessary needs (Abortions). There are about 1.21 million abortions that happen in America each year (Abortions). Despite the epic increase of abortion rates throughout the years, there are noble standards and values of…

between corporal punishment and abuse, United States federal law allows corporal punishment in both school and home settings. In 1977, the Supreme Court ruled in Ingraham v. Wright that corporal punishment could not be considered “cruel and unusual punishment” as punishment in schools were not the same as criminal punishment (Ingraham v. Wright). It is ultimately left up to the states whether or not to…