Essays on Equal Protection Clause

The case in question represents Abigail Fisher, a white female who was denied admission at the University of Texas since she failed to qualify for the Texas Top Ten Percent Plan. She argued that the university considered many factors to fill the remaining slots including race, which was against the equal protection clause of the fourteenth amendment. The district court, court of appeals and Supreme Court held that the university's admissions process was constitutional (Liptak, 2016). Some judges including Clarence Thomas, Samuel Alito and Chief Justice John Roberts voiced their dissent regarding the ruling. The attorneys, in this case, ...

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

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Introduction Established by the Greek statesman, Solon, sometime in the 600 B.C., voting has always been a key feature of democracy. The international community regards it as the most basic human right, which should be protected and guaranteed to all citizens of a country as stipulated by internal human rights laws. A government by the people must have the participation of the people, which is realized through suffrage. Today, voting rights are already universally practiced, yet there are certain circumstances wherein such right is taken away by the state. In the United States, a person will lose ...

There were a number of cases brought before the Supreme Court of the United States in relation to racial discrimination. In Brown vs. Board of Education, the Supreme Court in the United States declared that it was unconstitutional to continue practicing state laws which separated public schools for Black and White students. The decision ruled that such state laws were a violation of the Equal Protection Clause of the 14th Amendment. On the contrary, Plessy vs. Ferguson the Supreme Court ruled in favor of the state laws that supported racial segregation, especially in public facilities. These laws became practical ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic? Whether the Minnesota court should invalidate the Tennessee judgment. Rule The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

Introduction

Over the decades, the minority groups in America society such as the blacks, American Indians, and Asians as well as women have been discriminated. Mainly, the discrimination of these groups has been manifested significantly in education, career opportunities, and in employment. To curb this racial and gender prejudices, the American Federal government and Supreme Court have enacted numerous legislation to support for equality of these underrepresented groups in the society. One of the most apparent and profoundly supported legislation is the affirmative action. In this paper, we analyze the actual meaning of the term Affirmative Action. Next, the paper ...

Present day education systems of the United States of America are subject to racially diversified college classrooms that are significantly different from the classes that existed by the second half of the twentieth century. The notable change is the outcome of “affirmative action” that became law under the Executive Order 11246 courtesy of President Lyndon Johnson in 1965. As per the terms of the executive order, publicly funded companies could not discriminate based on any traits including skin color, gender, and religion. In the end, the action sought to serve two purposes: make efforts to allocate equal opportunity for ...

Alignment of the single-sex admission policy of Virginia Military Institution (VMI) aligns with the equal protection clause of the Fourteenth Amendment was the issue raised in United States v. Virginia. VMI has been an all-male institution since its inception in 1839. In deciding that the single-sex admission policy of VMI violated the equal protection clause, the majority opinion relied on ‘intermediate scrutiny’ test applied in the prior case of Mississippi University for Women v. Hogan. In the Hogan case, the Court employed the ‘intermediate scrutiny’ test, but applied this in terms of the ‘exceedingly persuasive justification’ standard. The standard ...

Implications of Equal Protection under the Law

Introduction Ability grouping is a common educational practice that is now commonly utilized in the US. The practice is used in order to enable the use of different instruction methods in schools. This is done with the intention of meeting the educational needs of different students (McCarter, 2014). The presence of the equal protection clause of the 14th Amendment of the US Constitution raises the question of whether ability grouping of K-12 students is legal or illegal. The purpose of this essay is to delve into the effects of equal protection under the law in relation to ability group ...

The Brown Case as it is often referred to, was significant for the jurisprudence the Supreme Court laid in interpretation of matters constitutional in relation to racial segregation which at that time was prevalent in the United States of America. A brief statement of the facts are as follows. The United States schools had until the litigation relied on Plessy v. Ferguson (1896), which had held that segregation in public facilities was constitutional as long as the segregated functions enjoyed similar facilities. This had been advanced in denying blacks the right to ...

Brown versus Board of Education was a landmark case in the United States Supreme Court. The case had a very great impact on the personal rights of individuals as will be fructified in the evaluation.

- Basic Information

The title of the case was Oliver Brown, et al. v. Board of Education of Topeka, et al. The case number was 347 U.S. 483.

- Plaintiff

The plaintiffs in the case were Oliver Brown, et al.

- Defendant

The defendant in the case was the Board of Education of Topeka, et al.

The case Oliver Brown, et al. v. Board of Education ...

Abstract

In Ross v. Moffitt (1974), it was held by the U.S. Supreme Court that the indigent criminal defendant is not entitled to the right of an appointed counsel at State’s cost as the indigent defendant is already entitled to the right of the appointed counsel at the courts below i.e., the trial court and first court of appeal where a counsel’s advise and presence is required at the various stages of trial and to point out to the Appellate court the errors committed by the court below. What is more important is the due process clause rather than ...

Business Law Paper Answers

Business Law Paper Answers

Explain the Duty to Rescue as developed by the Yania v. Bigan case on page 3 of the textbook?

The duty to rescue describes about the circumstances and situations in which one group can be detained legally responsible for not rescuing the other party, a group, or an individual from danger. There is a penalty for those who fail to rescue others in certain conditions. It can occur after hazardous situation in which the creator may not be a negligent. So, where the duty of rescue arises the beholder should act in a certain way of care. The duty to rescue can be observed from the case of Yania v. Bigan. Bigan asked Yania to jump into the ...

United States V. Virginia

518 U.S. 515 (1996) Factual background: Virginia Military Institute, also known as “VMI” became one of the fifteen (15) sole single-sexed public institutions situated in the state of Virginia. The mission and objective of VMI is to be able to train male citizen soldiers who shall become the leaders in the future. The training inside the institution adheres to the adversative method, where the trainees are required to undergo physical tests, mental stress, absence of privacy among others. During the trial, the District Court admitted that there are females who miss out on the educational opportunity and training ...

Ricci v. DeStefano, 557 U.S. 557 (2009) was a controversial case that was decided by the United States Supreme court. The case concerned racial discrimination practices by New Haven, Connecticut’s fire department. The department had eighteen employees where seventeen were white, while there was only one Hispanic. The company in 2003 had seven openings for captain and eight positions for lieutenant. The department administered civil service examinations to fill the positions. The test consisted of two segments where one was oral and the other was written. The New Haven Department of Human Resources issued and RFP for the exams ...

A case brief of Bush v. Gore (2000) The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new ...

A Medical Malpractice Opinion

Citation McCall v. United States, No. SC11-1148 (Fla. March 13, 2014). Facts On February 21, 2006, Michelle McCall, who was six months pregnant, was diagnosed with preeclampsia. Her doctor’s, who were all U.S. Air Force employees, determined that it would be best to immediately induce labor in order to save the child. On February 23, Ms. McCall delivered a healthy baby boy, however during the delivery she had lost a lot of blood. In a follow-up operation on Ms. McCall to repair some damage that had been done during delivery, her medical staff failed to properly monitor her ...

Dandridge V. Williams

Factual Background: The Social Security Act of 1935 implemented the Aid to Families with Dependent Children (AFDC) program, which was jointly funded by the state and federal governments. The objective of the program is to grant financial assistance to children who come from indigent families with insufficient or no income. It is the state that will determine the computation of the “standard of need” required for every family. In the state of Maryland, the standard of need had given an increase for each additional member of the family. However, the increment was reduced since there was an upper limitation ...

Women Rights Movement was formed to dismantle the gender hierarchy that had been embedded in the American society. The Women Rights Movement was formed to fight for equality in the society such that both men and women would enjoy equal opportunities both at a socio-political point and economically (Dautrich 125). Women were denied their right to work and a law was enacted such that women earned a lower pay compared to the men. These were some of the things that instigated Women Rights Movement in the American society. This paper will examine how courts have progressed from gender classification laws to universal ...

Law

The Equal Protection Clause of the Fourteenth Amendment prohibited the states from treating persons differently based on characteristics such as race, color, age, nationality, ethnicity gender and social standing. This was enunciated in the case decided by the Supreme Court which imposed the same obligation on the federal government under the Fifth Amendment and after the Fourteenth Amendment was ratified. The Fourteenth Amendment allowed racial segregation the case of Plessy v. Ferguson. The Supreme Court decided a law separating races was constitutional provided that the facilities of equal quality were made available to all, whites and blacks. However, this was ...

The Bush v. Gore case commenced following the November 2000 elections where George W. Bush was declared the winner. Gore sought for a physical recount of votes in various Florida counties: Nassau, Miami-Dade, and Palm Beach counties. He requested the recount in a trial court in Florida, the Leon County Circuit trial court, relying upon one of its statutes that provided for contesting the election’s outcome. The statute allowed candidates to challenge election results if there were receipts of illegal votes, or rejection cases of legal votes that were significant to change the outcome of an election, or to put ...

Business

The baptism of the Civil Rights Movement in 1954 was initiated in the case of Brown v. Board when black children were not allowed to admission in the public schools were the white children were enrolled pursuant to the law which required the segregation based on the race of the students. The issue in this case was whether or not the separation of black students from white students in public schools on the basis of race is tantamount to deprive the minority children the equal protection of law in accordance to the Constitution (Brown vs. Board 3). The Supreme ...

Introduction

In the contemporary world, gay marriage has been an issue that has seen the rise of arguments and controversies in the church today. This issue of gay marriage has been with a lot of debate. Many people have taken different positions on this matter.Most of the reasons that are given against gay marriages do not hold up. To many, it looks awkward to have two people of the same sex to get married. This is the case because Most of the arguments that are against gay marriage are based on religious principles. It is religious institutions that first brought this ...

Barbara Frankel from Diversity Inc wrote on her blog that “The California appeals court decision striking down Proposition 8 - the ban on the same-sex marriage - is an important legal and moral victory for marriage-equality supporters including several corporations.” Her comments referred to the decision of the CA 9th Circuit Court of Appeals on “Hollingsworth versus Perry” which declared Proposition 8 illegal sending the lawsuit on its way to the California Supreme Court and then all the way the US Supreme Court. Oral arguments for the case were presented at the US Supreme Court two days during the ...

I. Introduction

It has been a long standing debate for over thousands of decades whether or not imposition of capital punishment is an effective means to deter commission of crimes. Advocates of capital punishment or death penalty makes reference to the biblical passage from Exodus 21:23-25, “An eye for an eye, a tooth for a tooth, a hand for a hand, a tooth for a tooth,” which means that for every wrong done, there must be a compensating measure of justice. While on the other hand, the group who believes that capital punishment is severe, degrading, inhuman, brutal and cruel sentence, and it is only God who is the ...

Gay marriage is a controversial social practice within the United States. Jost, an editor at Sage Publications, explains in his article entitled “Marriage Showdowns: Will Voters Bar Marriage” that “seven states have legalized gay marriage while more than 26 states have had either constitutional amendments that prohibit gay marriage or statutory bans (Jost 3). Friedman's book entitled Gay Marriage explains that the existing policy on gay marriage is based on the provisions of the Defense of Marriage Act (DOMA) that was passed by the federal government in 1996 (Friedman 31). DOMA defines a marriage as a union between a man and woman and ...