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Trinity Western Law School is a private Christian university which aims to deliver a faith-based perspective of learning to its students. The purpose of a law school is to provide a specialized learning experience which trains individuals to be adaptable in a variety of situations. However, a community covenant that is required to be endorsed by students, faculty and staff of Trinity Western includes conditions violating equality guarantees outlined in the Canadian Charter of Rights and Freedoms. Conditions in the covenant include abstaining from “sexual intimacy that violates the sacredness of marriage between a man and a woman” (Trinity Western University, 2017). These regulations are evident in their discriminatory nature to those of the
The Ward versus Polite case came to the Sixth Circuit United States Court of Appeals in 2011. The appellate case results from the 2010 lawsuit which the plaintiff lost. Both cases involve a self-professed Christian student, Julea Ward, in her third year of the Eastern Michigan University School Counseling program in 2009. As part of the program, all students are required to work at the university’s counseling center for 100 hours. Mrs. Ward was presented with a case file in which a student wanted counseling. The student had received counseling from the center before for depression stemming from his same-sex romantic relationship; though, the reason for this particular counseling session was unknown. Upon reviewing the file, Ward met with her supervisor, Professor Calloway. Her desire was to either refer the student to a
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
University of Guelph brought forth a number of legal questions and principles that needed to be addressed, the first of which being whether or not a university is considered a “government actor”. After a lengthy debate and the usage of the “effective control test”, The Supreme Court provided an answer to this question when they declared the institution of university as a non-government actor. This allowed the respondents (the four universities) to continue on with their policies of mandatory retirement at the age of sixty-five. The second major question posed in this case is whether or not an organization should have the right to violate sections of the Canadian Charter of Rights and Freedoms for the betterment of the organization, those who are employed by it, and those involved with it’s activities. This question was answered when The Supreme Court decided that a company may violate the rights of a person if the reason as to why is bona fide. In the case of Mckinney. v. University of Guelph, the reasons of conserving high academic standards and opening up tenure positions were accepted, and the violation was permitted. These two questions were imperative to the outcome of Mckinney. v. University of Guelph in a sense that the answers provided in the case helped to provide insight into how one's rights can be limited both within and beyond a government setting. This insight helped people understand why the appeal was denied in what seemed like a
Nye, Howard. PHIL 250 B1, Winter Term 2014 Lecture Notes – Ethics. University of Alberta.
Fraser (1986). During a student assembly, Senior, Matthew Fraser gave a campaign speech to elect his friend to student government. Fraser’s speech was rife with sexual innuendo. Consequently he was suspended and his name removed from the list of possible graduation speakers—he was second in his class at the time. In this case, the Court established that there is a monumental difference between the First Amendment protection of expression for “dealing with a major issue of public policy and the lewdness of Fraser’s speech” (“Key Supreme Court Cases,” 2015). Comparatively, Foster’s high school points out that there is a monumental difference between Foster’s desire to express his individuality and impress girls, and the school’s desire to regulate the serious public concern of gang activity within the school. Indeed, in the petitioner’s application of Tinkering and Chalifoux court cases, the defense notes, in both First Amendment cases the students were addressing a major public issue—political and religion statements. Foster’s message of individuality, however, decidedly lacked a message that would safeguard his First Amendment
Lukianoff, G. Foundation For Individual Rights in Education, (2007). Hampton university denies recognition to gay and lesbian student group without explanation. Retrieved from website: http://www.thefire.org/hampton-university-denies-recognition-to-gay-and-lesbian-student-group-without-explanation/
Gulliver Schools, Inc. v. Snay is based about the importance to respect the confidentiality clauses in a contract.
In Milwaukee County Case No. 14-CF-4197 The State charged Mr. Boyd in a criminal complaint with one count of Possession with Intent to Deliver
Canada is witnessing a greater acceptance of premarital sex, that is the practice of sexual intercourse before marriage. This can be discussed in terms of the symbolic-interaction perspective such that, society is constantly constructing and re-constructing the gist of sex before marriage. For one, society’s historic double standard encourages men to have sex meanwhile women are expected to remain virgins until marriage. Although, the sexual revolution brought forward a more liberal attitude towards sex, which increased sexual activity overall and more in women than in men. In later years, the sexual counter-revolution then contrasted the sexual revolution by bringing back the idea of “sexual responsibility valued by earlier generations”. Whereas,
The Law Office of W. Christopher Weaver, PC, was created out of both duty and passion: a duty to practice the profession of law with integrity; a passion to help those among us who work hard and do the right thing, to no avail. We believe the more we work to protect the rights of these individuals, the better equipped these individuals will be to protect themselves and their families.
An Analysis of the Thesis of Expanded Academic Liability for the Suspension of Male Dalhousie Students for Sexual Misconduct In recent times, sexual assault and misogyny have been reported within the context of ethical practices within academic institutions. More particularly, a group of male dental students were accused of sexual making sexually offensive arguments about women in a Canadian University. It was announce by Dalhousie university that 13 male students in 4th year dentistry school posted violent and misogynistic comments about their female colleagues, a post on Facebook called “Class of DDS Gentlemen. (Toronto Star, 2015, para.4).
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
The Supreme Court requires that waiver in criminal proceedings be made voluntarily. The Fourth Amendment right against search and seizure may be waived voluntarily when there is a showing of consent. The Fifth Amendment right against self-incrimination requires that waiver (in the context of confessions) must be made voluntarily. In Miranda v. Arizona, the Supreme Court made it clear that the voluntariness of the waiver of the Fifth Amendment right against self-incrimination was a fundamental concern central to the creation of Miranda Warnings. There, the Court was concerned about the coercive effect of interrogation and sought to protect individuals from the coercion by requiring the iteration of Miranda Warnings in order to establish
References were made to wean and convert lesbians and virgins into useful, productive members of society. Rape culture isn’t only visible on campuses. In November 2015, a group of faculty members at the University of Calgary brought forth a complaint against Justice Robin Camp for comments he made during a sexual assault trial that could be considered victim-blaming. Camp informed the survivor that she should have kept her knees together and situated herself as to not be positioned for the assault. He went on to inform his court that sex and pain sometimes went together, which could be interpreted as dismissing the survivor’s experience (Hoper,
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.