Justice Scalia's Fundamental Rights Research Paper

Justice Scalia's Fundamental Rights - Research Paper Example Constitution as an instrument to protect the fundamental rights of citizens in America. The 14th Amendment to the U.S. Constitution is concerned primarily with the fundamental rights of citizens of the United States. Based on the, 14th Amendment, â€Å"all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law† (Legal Information Institute). Simply put, the 14th Amendment limits the power of Congress and other federal and state powers to discriminate against individuals. The 14th Amendment is the document of equal protection that outlaws individual rights violations. Since the 1970s, the 14th Amendment has been used as one of the central tools of legal def ense against labor and employment discrimination. However, not everyone agrees that the 14th Amendment is a valid argument against discrimination. When a public figure as popular as Justice Scalia expresses a divergent opinion, it is natural and logical that the public reaction will be immediate. In one of his recent interviews, Justice Scalia expressed an opinion that the 14th Amendment has nothing to do with discrimination and individual rights: according to Scalia, the U.S. Constitution by itself does not outlaw discrimination (Terkel). Rather, the Constitution simply provides the basis and creates a legal context, which allows passing legislation that outlaws different forms of discrimination against individuals (Terkel). Justice Scalia is confident that the Constitution does not prohibit discrimination, and it is within the power of U.S. legislators, not the Constitution, to enact laws that defend the fundamental rights of American citizens. As a result, the Fourteenth Amendmen t can hardly serve a relevant ground for legal protection against sexual and gender discrimination in the workplace or in courts. To some extent, Justice Scalia is correct: the Fourteenth Amendment to the U.S. Constitution was passed with the intent to keep illegal immigrants and aliens from accessing and using the benefits provided by U.S. Government. This is why the 14th Amendment limits the scope of the legal rights protection to citizens or those naturalized in the United States (The 14th Amendment). It was not before the 1970s that the legal meaning of the Fourteenth Amendment was changed to become one of the key instruments and legal arguments against sexual and other types of individual discrimination in the U.S. Even today, the 14th Amendment remains the source of major legal controversies, since there is no explicit statement that could be directly related to the issue of sexual or gender discrimination. However, the role which the Fourteenth Amendment plays in the protecti on of individual rights and the elimination of inequality and discrimination cannot be ignored. Simultaneously, Justice Scalia’s homophobic prejudices are well-known to the American public. It is no wonder that Scalia does not believe the 14th Amendment and its equal protection clause applies to women, gays or lesbians (LaVictoire). In the notorious case of Lawrence v. Texas Justice Scalia claimed

Pasadena city college Essay Example | Topics and Well Written Essays - 500 words

Pasadena city college - Essay Example He noted that the truths of psychology are universal in that  people everywhere have minds, goals, desires, and beliefs.  In light of this, he defined a baby’s naà ¯ve psychology by exploring what babies know about the minds of others using the looking-time methods. He equally reckons a sympathetic parent’s acceptance to the popular claim that babies are wonderful learners. However, developmental psychologists negate this popular claim by noting that the ignorance of human babies extends well into childhood (Bloom Web). Bloom relates with other psychologists that the ignorance of human babies extends well into childhood and adopts the convectional view that young humans take a surprisingly long time to learn basic facts about the physical world and about people than they do to learn about morality. There are various studies, using the looking-methods to explore what babies know about the minds of others. In a study by his wife, Karen, he found that babies could do rudimentary math with objects. In this study, babies expect the same number of items like adults and are thus surprised if the contrary happens against their expectations. In another study, babies proved to have an actual understanding of mental life where they grasp how people think and why they act as they do. Indeed, though babies expect inanimate objects to move as the result of push-pull interactions, they expect people to move rationally in accordance with their beliefs and desires. Other studies show the existence of behavior in to ddlers that is â€Å"altruistic† in an even stronger sense where they give up their time and energy to help a stranger accomplish a difficult task. In a study investigating what babies, think about two particular kinds of action involving helping and hindering, a three-dimensional display in which real geometrical objects, manipulated like puppets, acted out the helping/hindering situations was in application. The study found out that

Gone With The Wind Research Paper Example | Topics and Well Written Essays - 750 words

Gone With The Wind - Research Paper Example Authority/Credentials of the Author The author of the article, Neil Netanel is a professor at the UCLA School of Law where he has been since fall 2004. Prior to that, the author was a member of fuculty at University of Texas Austine School of Law for a decade. Here, the author was the White, Durkee and Arnold Centennial Law Professor. The author practiced law between 1981 and 1984 at Loeb and Loeb located in Los Angeles, as well as in Tel-Aviv at Ygal Arnon & Co. between 1985 and 1992. Concerning educational background, Netanel holds B.A. from Yale university received in 1976, J.D. received in 1980 from UC Berkely Boalt Hall School of Law and J.S.D. received in 1998 from Stanford University. Hence, Netanel is well educated making information that he provides reliable. With regard to experience, Netanel has authored and co-authored several texts used in learning institutions among other institutions today. He is mostly an expert in teaching and writing about free speech, copyright, te lecommunications law and policy, and international intellectual property. Some of the most recent books authorted by Neil include 2008 Copyright’ Paradox, The Development Agenda: Global Intellectual Property and Developing Countries (2008), From Maimonides to Microsoft; The Jewish Law of Copyright Since the Birth of Print (2011)Â  both published by Oxford University Press. From the evaluation of author experience, credentials and educational background, it is clear that he is well vast in this area of law and other isues sorrounding legality of copyright and free speech. Therefore, article is written by an experienced author, thus, the credibility of the information is trustworthy. Validity of Research The information provided in this research is of high quality because it achieves almost all the parameters that determine the validity and credibility of a research article. For instance, the article refers to several other sources of information, which are all referenced thro ught the article. Furthermore, since it is dicussing fair use, which is related to court issues, it also refers to several past court cases. These cases, especially landmark cases, provide adequate evidence for the argument that the aauthor puts across in this article. The references used and cited inside the text are also listed at the bottom of every page in the form of footnotes, which enhances the quality and validity of the information provided in the article. Evaluation of the evidence presented by the author in this article clearly indiactes that it supports the author’s claim about fair use. Moreso, the author refers to variuos sudies and research to draw his conclusion about this issue. The major conclusion from this research is that the courts have embraced tranformative use doctrine more that they did ten or twenty years ago, and this contributes to high win rates of defendants with regard to fair use. In addition, the author uses objective research to support his claim as opposed to personal opinion or narrative. This is because he draws information from several books, and in addition, uses emphirical data to as evidence to support his cl

Freedom of Speech Essay Example | Topics and Well Written Essays - 500 words

Freedom of Speech - Essay Example A very popular case of a Christian student of a public school, wearing a tee-shirt proclaiming ‘Homosexuality is shameful’ was found offensive by the school and illegal constitutionally by the federal court. The main reason cited by the judges was that it offended the sensibilities of the minority, in this case, that of sexual orientation and that ‘it interfered in their learning’. The reaffirmation of the illegality of the student’s case raised many pertinent cases and the main point of the case remained wide scope of free speech. Does declaring one’s point of mind or personal preferences should really be constituted as illegal and if that is so, what is the relevance of freedom of speech as awarded by the 1st amendment of the constitution? In the present time, freedom of speech is being taken as a fashion statement. While exerting their right of expression by words or deeds, people must ensure that their personal freedom does not impinge on somebody else’s rights and in any way violate their sense of self-esteem, religiosity or as stated sexual orientation. Freedom of speech is universally accepted as a right for free expression so long as it is confined to themselves and nonoffensive for others. It is equally true that people have been exercising this right for a long time for peaceful purposes through various means like media, public speeches, and debates etc. The controversial issues, being discussed publicly and hotly debated at public platforms, have produced some highly relevant results, favored by masses. Controversy, at times, becomes necessary for the dissemination of information which is so necessary for the resolution of disputed issues and controversial topics.

Family, Youth and Community Essay Example | Topics and Well Written Essays - 3000 words

Family, Youth and Community - Essay Example The term ‘domestic’ can comprise of a number of relationships and it is evident that the wider is the range of relationships included in its definition the higher are the result of domestic violence research. The term domestic is defined as the people living in a single household by some authorities like Police departments. This definition includes the relationships between siblings, parents and children, married couples and so on. The other school of thought classifies relationships as domestic which exist between intimate couples only. This definition may involve the relationships that exist between couples at early stages of their relationship when misunderstanding and violent situations occur due to inappropriate or insufficient knowledge about each other. Violence, in the same manner, ha a number of possible definitions and the scope of its definitions differ greatly from person to person and organization to organization. The research data available, keeping this vi ew in mind, may differ significantly. Some researchers believe that any kind of physical and attempted assault is termed as violence regardless of the causes and reasons of it. Whereas, others believe that the acts with an intention of the person to harm are termed as violent (Gelles, 1997). It should also be noted that violence is not associated with the physical assault only. The psychological distress, bullying, emotional abuse and other such activities which harm the individuals’ mental and psychological state are also termed as violent. Such acts cause a great harm to the individuals but the effects are usually not visible (Straus and Sweet, 1992). Reasons of Domestic Violence The main reason behind the increasing trends of domestic violence is that people follow the generational cycle of domestic violence and are exposed to these instances in every phase of their life. The acceptability of this trend and the gender bias form the foundations of such behaviors. Family env ironment, low self-esteem and substance abuse are found to be the sources of encouraging domestic violence and aggressive behaviors. Media plays an important role in our lives today. The new trend on the popular media of portraying murders and sexual harassment has created another major area for the concerned people to research, analyze and take necessary steps to stop the harmful effects. More and more people are now exposed to murders, aggressive behaviours and rape scenes via media. This heavy exposure has led to the visibility of these crimes to a large public which was never apparent to them in past and especially in their routine life. This heavy exposure to rape scenes and sexual harassments are creating new difficulties in the form of increased sexual violence. The use of violent exposure, blood, aggression and sexual harassment has been increased in the music videos, movies, dramas and so on. The media, in this context, is harming the psychological wellbeing of people. In o rder to understand the effect of this sexual exposure and sexual violence against women a number of studies have been carried out. For instance, a study reveals that college men’s perceptions and beliefs are strengthened as they learn from the sexually unrestrained magazines that women tend to get pleasure from forced sex (Malamuth & Check, 1985). Check (1984) studies the behaviours and attitudes of Canadian male samples frequently exposed to

Doping Essay Example | Topics and Well Written Essays - 4000 words

Doping - Essay Example In the modern international sports situations, one of the often debated issues is one that is concerning the use of performance enhancing drugs that are related with serious medical problems and their use is illegal. It is a practice against the international standards of the sports activities and is very much considered as the evil affecting the sports and games in the current sports culture. â€Å"Performance-enhancing drugs pose a significant risk to the health of athletes, especially young athletes. Furthermore, the use of performance-enhancing drugs is detrimental to the reputation of sports†¦Ã¢â‚¬  (Doping. 2005). Winning medals at the cost of any social conduct or the social order is the fashion of the day. It is notable that in the modern world of sports, many a young athlete, discarding the risks involved in the use of these drugs go on using them and the practice of doping among the youth, internationally, is at an alarming rate today. Thus, there arises the great role of doping control which has a set of well articulated objectives and designs. However in the act of doping control, there are many things to be considered. There are various emotive issues raised by the doping control activities upon which there are predictably different views. Any set of doping control rules needs to be built on sound base. Specifically, the rules must make sure the principles of natural justice and the procedures must be such as to produce fair and consistent outcomes. (O'Leary 2001, p. 11). It is remarkable to note that "throughout history, there are examples that athletes have sought a magic potion to give them that extra edge, to help them take a short cut to achieving a good performance or to enable them to compete under circumstances when otherwise it might not have been possible, such as injury or illness. Today's athletes may simply be following previous traditions." (Mottram 2003, p. 29). This extensive use of drugs and other performance-enhancing substances have been one of the chief issues with the international sports today. In the UK, as in other nations, the controlling of their use has been given primary attention in the legal system related to sports. In the modern scenario, the drug control in sports has been considered one of the primary concerns of the legal system. The international sports law is primarily concerned with the control of drugs and doping in sports. There are many international organisations working in this field, most important among the m being the Olympic Movement. "The governing network or structure of international sports law extends beyond the Olympic Movement. Intergovernmental organizations also formulate and enforce international sports law. Such organizations include Unesco, the Commonwealth Federation, bilateral arrangements, and regional organizations such as the European Communities and the Supreme Council for Sports in Africa. Typically, they recognize the authority of the Olympic Movement but expand its rules and develop new institutions." (International Sports Law: a Replay of Characteristics and Trends. James A. R. Nafziger - author. Journal Title: American Journal of International Law. Volume: 86. Issue: 3. Publication Year: 1992. Page Number: 493.) Apart from these, the involvement of various nations in the activity of doping control is also remarkable. There are international agencies for their support. The International Convention against Doping in Sport signals governmental support for the World Anti-Doping Code which has various sporting organisations as its signatories. (International Convention against Doping in Sport. 2005). All the international sports nations give utmost priority to these and there have been many organisations all through the sports activity which confirms that the sports arena is without the evils of such practices. The system in the UK to control the doping has been particularly acclaimed. In Britain, all the registered competitors need to be tested for drug abuse. (Drugs, Sport and Doping Control. P. 1).

'Crime is a Symptom of Wider Malaise' - from the Perspective of Essay

'Crime is a Symptom of Wider Malaise' - from the Perspective of Positivism and the One Other Criminological Theory - Essay Example Crime is described in a sociological aspect, the behavior that infringes criminal law. It can be described in the course of laws, through official police reports of crime, or in the course of victimization surveys of people who are concerned about it, but possibly not involved with the department of police. In addition to this, â€Å"Crime consists of three principle divisions, 1. the sociology of law, which is an attempt to systematically analysis the conditions under which criminal laws develop and also an explanation of variations in the policies and procedures used in the administration of criminal justice. 2. Criminal etiology, which is an attempt at scientific analysis of the causes of crime; and 3. Penology, which is concerned with the control of crime† (Sycamnias n.d., para. 4). In general, crime has many definitions. One definition is crime is that, an act or an occurrence of inattention that is considered harmful to the wellbeing of the community, or to the principle s, or welfare of the circumstances, and is lawfully banned. Criminal activities keep increasing day by day in this world. The reason behind this could be various, but the crimes should be prevented at any cost, for the wellbeing of the mankind. Crimes happen due to certain reasons. ... ‘Crime is a symptom of wider malaise’, I would agree with this statement because malaise is a stage of mental depression, â€Å"a feeling of unease or depression† (Malaise 2012). A state of discomfort or stress leads to criminal activities generally. This could be treated and cured by increasing mental health and through anti crime awareness. If the reasons behind crimes are revealed, then the criminals should get appropriate punishment. Punishments are given to them in accordance to what they have done, and with the aim of preventing them for doing more crimes. But what I feel is, prevention is better than cure. Policies for preventing any forms of crime should be used awareness should be created in the society, so that criminal activities could be minimized. Punishments should be rigorous, so that those who have the tendency to the criminals should rethink. If the laws and punishments are not severe, it would increase the rate of crimes and would produce more cr iminals. Reasons such as family background, poverty, lack of education etc play a major role in creating criminals. In my opinion, criminals are not born; the circumstances create them as such. Circumstances mean family background, lifestyle, poverty, lack of education etc. There are many causes for crimes. Here I include 10 causes of crimes. â€Å"Lack of faith, imbalance, poor judgement, lack of love, poverty, deprived neighbourhoods, being a victim in a chain of events, poor parenting skills, ecological reasons etc† (Top 10 Causes of Crime 2007). The government has the responsibility to prevent crimes and secure the society. So it is the government’s responsibility to prevent crimes by implementing various