In Clayman vs Obama, Judge Richard echoed that surveillance and collection of telephony data by NSA without the knowledge of the general public was against the spirit of the constitution of America. He said that the right to privacy is a right that needs to be guaranteed by the state. The right should not be taken away from the persons by the state. In another ruling ten days after the first one, J. William in ACLU vs Clapper arrived at a diametrically opposite decision with a different reasoning. The judge appreciated the right to privacy as envisioned under the constitution but argued that the value of intelligence outweighed the right.
“Christman went on to earn a bachelor’s degree in nursing science and a master’s in clinical psychology from Temple University. In 1965, he completed a doctorate in sociology and anthropology from Michigan State University.”(Sullivan, 2002, p. 2) With his doctorate, Luther was able to enter the educational realm. Luther took the dean of nursing position at Vanderbilt, making him the first male dean of nursing. “In 1972, Christman became the first dean of the Rush University College of Nursing and vice president for nursing affairs at Rush-Presbyterian-St. Luke’s Medical Center.” (Wheaton, June 9, 2011, para. 2) It was at
1) Essay Using the case Griswold v. Connecticut (1965), make the argument for legal formalism (original intent) of the Connecticut law banning contraceptive information or devices. Then make the opposite argument based on legal realism. The case came about when the state Planned Parenthood League opened a clinic in New Haven, Connecticut, in 1961, two staff members, Estelle Griswold and C. Lee Buxton, were arrested and fined under a rarely used law for giving advice and a prescription[->0] for a contraceptive[->1] to a married couple. The defendant argued that she had a constitutional right to privacy that was violated by enforcement of the 1879 state law. (Ivers, p.33) A legal team lead by Thomas Emerson represented Griswold and Buxton in this case.
Held: 1. The Petition Clause does not provide absolute immunity to defendants charged with expressing libelous and damaging falsehoods in petitions to Government officials. Although the value in the right of petition as an important aspect of self-government is beyond question, it does not follow that the Framers of the First Amendment believed that the Petition Clause provided absolute immunity from damages for libel. In 1845 this Court, after reviewing the common law, held in White v. Nicholls, 3 How. 266, that a petition to a Government official was actionable if prompted by "express malice," which was defined as "falsehood and the absence of probable cause," and nothing has been presented to suggest that that holding should be altered.
Soft determinists therefore believe that events to be determined but also believe that free will does exist and still can be applied to our actions. Soft determinists defend compatibilist and say that even though they accept determinist thesis, we still believe in freedom. If we cannot establish that actions are completely determined then soft determinists have to believe in free will. If we knew everything then we might be able to predict a person’s actions but since this cannot be done and is a big if, which is the heart of the determinist thesis, turns out to be unobtainable in practice; this simply means that in theory we are still determinists but we can also believe in free will and hold people responsible for their actions. (Solomon, Higgins, 2010:235) Soft determinism maintains that we possess the freedom required for moral responsibility, and that this is compatible with determinism, even though determinism is true a person can still be deserving of blame if they perform a wrongful act.
Shortly thereafter, they were arrested for and found guilty of being accessories in the sale and distribution of illegal contraception. (T., G.R.) As required by law, they were fined one hundred dollars each and sentenced to jail time. Buxton and Griswold appealed the hearing to the Connecticut Supreme Court on the grounds that the law violated the United States Constitutional right to privacy. It was after appeal in 1965 that the Supreme Court finally heard their case, which after the 1943 Tileston v Ullman case that had attempted to make an appeal on the behalf of patient health, and the 1961 Poe v Ullman hearing in which a doctor and his patient sued because the law was unfair but they had not been harmed by the law so they had to dismiss the hearing.
The US Supreme Court ruled eight votes for Pickering and one vote against. Their decision declared that absent proof of the letter containing fabricated statements along with him speaking on issues of public importance could not furnish the basis for the removal from his job as a teacher. The Legal provision that supported this case was the first amendment: freedom of Speech, Press, and Assembly. Essentially, because the letter showed to be no
The Court argued that the constitutional right to privacy was limited to matters relating to “marriage, procreation, contraception, family relationships, and child rearing education.” The publication of records of official acts, such as arrests, did not fall under the rubric of privacy rights. Reputation alone is not constitutionally protected interest. The three justices (minority opinion) disagreed with the findings of the majority. The dissenting opinion reasoned that the decision justified that intrusive action defamed and stigmatized the respondent as a criminal. Justice Brennan, writing for the minority, reasoned an illegitimate and improper enforcement of law that assaulted the constitution (Chicago Kent College of
There is nothing that says judges, individuals, or companies can ignore a law once its made because their beliefs don't follow under that law. Some people may believe in human sacrifice but that doesn't make it any less then murder. In The Judge John Kane case it was said that they were merely trying to follow through with their First Amendment right of freedom of religion. Although freedom of religion means they have the freedom to have it within the boundaries of the law. Health insurance is not a part of the religion therefore they must follow the Obama mandate.
Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law. This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights.