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Misrepresentation in advertising
Misrepresentation in advertising
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In 1978, James Dale joined Boy Scout Troop 73 of Matawan, New Jersey at the age of eight. After ten years and a journey through the various levels of Scouting, Dale was awarded the Eagle Scout Badge, a high honor achieved by only a minute fraction of Scouts. Soon after being awarded the Eagle Scout Badge, Dale was offered adult membership in the Boy Scouts. In addition, he was invited to become assistant scoutmaster of Troop 73. After graduating high school, Dale went on to study at Rutgers University. While there, he attended a gay-lesbian youth needs seminar, which the Boy Scouts of America officials discovered through media coverage of the event (Boy Scouts). After news of Dale’s participation, he was abrubtly dismissed from the organization with no immediate explanation. Sometime later, Dale received a letter explaining that “avowed homosexuals” are not allowed in the BSA (Hanley).
After receiving confirmation that he was kicked out of the BSA due to his homosexual nature, Dale sought legal action. Dale began by contacting BSA officials to review his expulsion but was denied a hearing. Next, Dale and his lawyers filed a suit against the BSA with the charge that the BSA and Monmouth Council violated New Jersey’s Law Against Discrimination. Dale’s case was then dismissed by Superior Court Judge Patrick J. McGann. Judge McGann wrote, “Men who do those criminal and immoral acts cannot be held out as role models.” Later, the intermediate appeals court reversed the superior court, ruling that the BSA is a place of public accommodation because it claims to be open to all boys. Because of this determination, the BSA is not exempt from civil rights laws. In January of 1999, Dale’s attorney argued the case before the New Jerse...
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...sexuals, but also need to see that they should not fear discrimination in any public facet of their lives that is protected by law. It is increasingly important that cases such as these wrongly decided be argued again so that those individuals relating to this case may be heard and those ten-years-ancient values be realigned.
Works Cited
"BOY SCOUTS OF AMERICA v. DALE." Oyez. IIT Chicago-Kent College of Law, 2011. Web. 20 Feb. 2014.
"Boy Scouts v. Dale: Case History." Lambda Legal. Lambda Legal Defense and Education Fund, 2005. Web. 20 Feb. 2014
"FindLaw | Cases and Codes." FindLaw | Cases and Codes. Thomson Reuters, 2014. Web. 20 Feb. 2014.
Hanley, Robert. "Appeals Court Finds in Favor Of Gay Scout." The New York Times. The New York Times, 02 Mar. 1998. Web. 20 Feb. 2014.
"Public Accommodation." State of New Jersey. State of New Jersey, n.d. Web. 21 Feb. 2014.
The case started with a third-grader named Linda Brown. She was a black girl who lived just seen blocks away from an elementary school for white children. Despite living so close to that particular school, Linda had to walk more than a mile, and through a dangerous railroad switchyard, to get to the black elementary school in which she was enrolled. Oliver Brown, Linda's father tried to get Linda switched to the white school, but the principal of that school refuse to enroll her. After being told that his daughter could not attend the school that was closer to their home and that would be safer for Linda to get to and from, Mr. Brown went to the NAACP for help, and as it turned out, the NAACP had been looking for a case with strong enough merits that it could challenge the issue of segregation in pubic schools. The NAACP found other parents to join the suit and it then filed an injunction seeking to end segregation in the public schools in Kansas (Knappman, 1994, pg 466).
The decision of the Supreme Court regarding the use of screening procedures for student athletes is incorrect. . After an intense beginning in court, the judge denied the Actons.... ... middle of paper ... ... Works Cited Andrews, Mackenson.
Cozzens, Lisa. "Plessy v. Ferguson." After the Civil War:. N.p., 17 Sept. 1999. Web. 23 Apr. 2014.
Bartollas, Clemens and Miller, Stuart J. (2014). Juvenile justice in america (7 ed.). Boston: Pearson Education, 58-60.
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
The Australian Human Rights Commission (2011:p1) states that “Gender equality is a principal that lies at the heart of a fair and productive society”. If gender equality is the heart of a fair and productive society than the laws and regulations in place must be the key in maintaining a fair and productive society. If regulations and laws are not frequently discussed, debated and reviewed than issues such as sex discrimination in particular can be sufficiently dealt with or ignored. The Carter v Linuki Pty t/as Aussie & Anor [2005] NSWADTAP 40 (22 August 2005) will be used to demonstrate the regulations surrounding sexual discrimination. In this paper a thoroughly investigation into the recent changes in laws and regulations encompassing sexual discrimination will be conducted in relation to the case provided. By using the elements of the case the Sex Discrimination Act 1984 (Cth) (SDA) will be applied to the facts presented in order to explain the regulation surrounding this issue. Since the case involves a work related situation where the employee was discriminated on the basis of gender the SDA will be used. A Brief description on the impact of exclusion will be provided to demonstrate the causal link between exclusion and gender discrimination. Firstly, the case’s elements will now be analysed.
The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .
Throughout history openly practicing homosexuals have not been accepted in the United States Armed Forces. During the American Revolution and the Civil War, while no military code actually addressed homosexuals, anyone found committing homosexual acts was dishonorably discharged (Walke). With the turn of the century, the U.S. military actively began prohibiting and prosecuting homosexual acts (Walke). Throughout the 20th century, individuals seeking to serve in the military were prohibited from serving if they had a history of homosexual activity. With his election in 1994, President Bill Clinton sought to change this prohibition. However, once in office he met opposition from military leadership. As a result, a compromise between the Clinton administration, military officials and conservatives brought about the “Don’t Ask Don’t Tell” policy.
Boy Scouts of America v. James Dale has been one of the most controversial cases of the 21st century. The 1st Amendment rights of private organizations were challenged as The Boy Scouts of America banned a former leader and Eagle Scout after learning that he, James Dale, was openly homosexual and a gay rights activist. James Dale then sued the Boy Scouts for violation of a New Jersey’s law that protects individuals against discrimination. The case worked its way up the Supreme Court and was decided that the Boy Scouts have the right to not accept homosexuals through their 1st Amendment right of expressive association because the leader would set a bad example and not represent scouting values. The court also ruled that Scouts could ban homosexuals
Nagourney, Adam. "Court Strikes Down Ban on Gay Marriage in California." New York Times. N.p., 7 Feb. 2012. Web.
The essential association for recognizing gay men as an oppressed social minority was the Mattachine Society, established in 1950 by Harry Hay and ...
... sexuality and sexual identity is a citizen right and should be respected as such. If the prison industry would worry less about sexuality, race, and gender and more on relivant crimes, the American society will be better off.
David Thelen, “History After the Enola Gay Controversy,” JAH 82, no. 3 (December 1995): 1029-1035 https://troy.blackboard.com/webapps/portal/frameset.jsp?tab_tab_group_id=_17_1&url=%2Fwebapps%2Fblackboard%2Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_369657_1%26url%3D (accessed February 15, 2014).
... in setting standards for society to conform to. Therefor Hart supported the committee with a more liberal view and Devlin didn’t with a more authoritarian, paternalistic view. It is clear there are both case and statute law which reflect both viewpoints. In the case of Brown it shows how law enforces moral values and places the public good over individual freedom. However the law on homosexuality now reflect a more liberal view and so gives freedom and individual choice.
Conroy, Theresa. "Gay Teen Fights to Educate Tormenters." Philadelphia Daily News. 2 Jan. 1996. http://www.critpath.org/rhea/bmurray.htm (23 Apr. 1998).