Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
General case analysis
Case analysis and problem solving
Case based approach
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Robert H. Duffley v. New Hampshire Interscholastic Athletic Association, Inc. (1982)
Facts
Robert Duffley, a high school senior at Trinity High School, had withdrawn from his sophomore year early in the first semester after falling ill. Anticipating problems with his eligibility to participate in high-school sports during his senior year under certain NHIAA rules, Duffley’s principal sought a ruling from the NHIAA granting such eligibility. The NHIAA decided to allow Duffley to participate only during the first semester of his senior year. No reason was given for denying Duffley eligibility for the second semester. After unsuccessful appeals to the NHIAA executive council, Duffley filed a petition in the Superior Court, seeking equitable and injunctive relief. Duffley alleged "violation of his due process rights” and that the defendant had acted “arbitrarily and capriciously” in arriving at its decision, which was “unreasonable and unlawful."
Issues
Does the person seeking the benefits of procedural due process under the fourteenth amendment to the United States Constitution or un...
The Court ruled unanimously in Gideon's favor and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states. Gideon won his case and took the groundbreaking step in public defense lawyers being there for people that cannot afford a lawyer of their own.
It has been said for years that any case of educational malpractice was doomed from the start. Because of this, it was a huge surprise when the Iowa Supreme Court denied the defendant, Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable, the student-athlete.
3. Does the enforcement of the subpoena guarantee the right of the accused according to the 5th and 6th Amendments?
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
Due process is a clause present in the Fifth Amendment of the Bill of Rights and is reiterated in Section 1 of the Fourteenth Amendment. The fact that it is mentioned twice in the Constitution speaks to its importance. Due process upholds the standard that guilt must be proven and not merely assumed. Overtime most libertie...
"John Fitzgerald Kennedy." Historic World Leaders. Gale, 1994. Biography in Context. Web. 9 Jan. 2014. Article.
Health for All: The Promise of the Affordable Health Care Act for Racially and Ethnically Diverse Populations
This article argues that there is a clear understanding of what crimes the Uniform Crime Report (UCR) measures. Citizens and the police are both in general agreement about what a serious crime is as it involves many different factors that make it a serious crime. The police and citizens are both part of the decision making process when classifying an incident as an index crime. The decision making process involves the following steps that are taken: defined by the victim, determined by the police, obvious accounts for most of the changes in whether a crime should be reported and officially recorded, personal characteristics of the offender, and the effects suffered by the victim. Studies show that crimes are reported to the police because the victim was greatly affected by the crime committed. Studies even show that not all crimes are reported to the police because the victim has a reason not to. I intend to use this article for my research to for my research project to explain why victims would report or not report a crime to the police.
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
"Disability the facts." New Internationalist Nov. 2013: 20+. Advanced Placement Government and Social Studies Collection. Web. 27 May 2014.
Thanks to Ed Roberts, Mary Switzer and Gini Laurie the 3 major players in the Independent Living and Civil Rights movement, people with disabilities now have access to public schools with an Individualized program, access to buildings, facilities, buses for transportation and are protected by law from discrimination. “Approximately 50 million people today lead independent, self-affirming lives who define themselves according to their personhood their ideas, beliefs, hopes and dreams above and beyond their disability” (A Brief History,
.... The burden rests upon the defendants to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date. To that end, the courts may consider problems related to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems. They will also consider the adequacy of any plans the defendants may propose to meet these problems and to effectuate a transition to a racially nondiscriminatory school system. During this period of transition, the courts will retain jurisdiction of these cases
This article encourages the use of generic community support for people with intellectual or developmental disabilities. Generic community support involves people to get involve general with the community. Supporting people with disability to be involve in the generic community
However, as Singal 2004 states the evident ambiguity in the term “integrated” and “inclusion” at the government level itself. The medical model of disability is predominant which emphasizing on identifying and assessing children to provide funds and aids like ramps for the physically disabled. The requirement for community based rehabilitation has not come into the picture. Another discrepancy noted, is in the number of people affected by disability as there are no reliable data from the Government sour...