... or the hassle of a drug-addicted employees and how their behavior will affect the company and its bottom-line. Employers should be allowed to test for drug use if an employee's behavior seems appropriate, the job requires precise handling, or the driving and/or safety of others is involved. ... offered a job to undergo a urine screen without violating their privacy rights. A former Wal-Mart employee raised the case when required to take a drug test before starting her job at the store. As widespread drug use is on the rise, many employers have begun to worry about the performance of thei...

• Word Count: 1528
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... proof on the person(s) disagreeing with the law. As such, the person(s) must convince the Court that the law has no rational or justifiable governmental goals. Secondly, the strict scrutiny test is a more thorough means of the Court in applying its power of judicial review. Thus, the Court must be persuaded that the governmental purpose, objective, or interest is of a ... "compelling public interest- and there is no less restrictive way of accomplishing said purpose. Typically, this test is applied to suspect classifications, which refer to classifying people according to their religion,...

• Word Count: 439
• Approx Pages: 2
• Grade Level: Undergraduate

... of the minority, it discriminates on those the in majority by not allowing them a chance at higher learning, even though they may have higher test scores. The admissions of students into systems of higher education should be granted based on academic achievement only, not based on the color of one ... 's skin. Schools should be more worried about how they look in compared with other educational institutions by their test scores and student grades, then through the multiculturalism flourishing with in their campus. After all, doesn't someone want to receive the best education ... medica...

• Word Count: 1596
• Approx Pages: 6
• Grade Level: Undergraduate

... have a reduced expectation of privacy and should expect intrusions on their normal rights and privileges when they choose to participate in high school athletics. The Court used a balancing test. It weighed the students' privacy interests against the interests of the school district in providing a drug-free environment. The Court also pointed out that athletes regularly change ... , a student could not participate in any extracurricular activity. The school district informed the family of any student testing positive, and the family had the opportunity to explain the test's result. Failu...

• Word Count: 1422
• Approx Pages: 6
• Grade Level: Undergraduate

... the object of the government action or inaction he challenges, standing is ordinarily more difficult to establish. Scalia argued that the injury in fact test required more than an injury to a cognizable interest. He stated that the test required that the party seeking review be himself among the injured. None of the respondents alleged that they had been directly affected by the ... they were adversely affected by the governmental action. The respondents did not argue that any of its members has patronized or intended on patronizing the park. The injury in fact test that is required by ...

• Word Count: 1662
• Approx Pages: 7
• Grade Level: Undergraduate

... Circuit judges would have taken it away from him. Judges concluded that Hudson's injuries from the beating failed to satisfy the Circuit's "significant injury" ( permanent injury or one requiring hospitalization) test used to determine violations of the Eighth Amendment's prohibition on cruel and unusual punishment. 2. Describe the major arguments that your group considered during your class discussion of this case. Which ... prison guards who might fear that they can now be held liable for every use of force that results in any degree of injury. If "serious injury" is not the test, how...

• Word Count: 579
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... all, affirmative action IS discrimination, only in reverse. In colleges across the country, African-Americans and Hispanics are being admitted at the expense of Caucasians and Asians with higher standardized test scores and high school GPAs for the sake of diversity. This discrimination is unjust and uncalled for. A second idea against affirmative action is the idea of individualism, where the government ... Cal-Berkeley, "the admission rate exceeded 90% for all 'underrepresented' minorities with GPAs above 2.8 (a dismal B minus) or SATs over 830, well below the national average for all...

• Word Count: 2072
• Approx Pages: 8
• Has Bibliography
• Grade Level: Undergraduate

... Court as Bush clearly wanted to gain a significant political foothold in the Supreme Court by appointing a young Judge with the same ideology. As well as this, Presidents often use a "litmus test" as a decider. After President Bush's nomination of Justice Souter, he was asked whether Souter's view on abortion affected his appointment. Bush confidently said no, however many Presidents appoint politically, it ... said that the way the Senate has gone about the confirmation process in the past is "Invasive Scrutiny" because they use it as an opportunity to embarrass a nominee rather than t...

• Word Count: 929
• Approx Pages: 4
• Grade Level: Undergraduate

... issue. Opposition towards affirmative action grew after Regents of the University of California v. Bakke. Allen Bakke in 1977, was twice denied admission to a California medical school despite better grades and test scores than successful minority applicants, Allan Bakke took his grievance to court and set of a major controversy. The school reserved sixteen places in each entering class of one hundred for ... qualified minorities, as part of the school's affirmative action program. Bakke's college GPA and test scores exceeded those of any of the minority students admitted in the two yea...

• Word Count: 1348
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... of a liberal majority in the Supreme Court, the anti-abortion movement reached its peak during the three terms of Presidents Reagan and Bush. Reagan and Bush used Roe as a litmus test, while appointing Justices O'Connor, Scalia, Kennedy, Souter, and Thomas, during this twelve year period. Meanwhile, twenty-seven years after Roe v. Wade, the nation's most significant decision regarding women's rights, freedom ... of President George W. Bush. As Bush stated to CNN reporters on January 22, 2001, "Roe v. Wade was a reach, overstepping the constitutional bounds" and to Fox News he declared, ...

• Word Count: 1627
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... 1971, "the Supreme Court confronted the impact of testing in Griggs verus Duke Power Company (Hacker 129)." The company had kept black employees in lower level jobs, arguing that their "test scores showed they were not qualified for better positions (130)." The court rejected this explanation, "ruling that employers who hired and promoted on the basis of tests had to show ... that those exams in face provided good forecasts of how an individual is to perform (130)." However, test results do still display some bias, a business is still entitled to hire people who will best benefit its ba...

• Word Count: 2004
• Approx Pages: 8
• Grade Level: Undergraduate

... states: Most Affirmative Action at Berkeley was going to students of the middle class and above.[ ] In recent times, most of the black students admitted to Berkeley with substantially lower test scores than whites have been children of middle managers, municipal administrators, and even doctors and lawyers " not food service workers and bus drivers. For example, of the 257 African ... is on achieving equality of opportunity, a principle that most Americans still support. (Wilson) This type of policy opens up opportunity for minorities because instead of basing enrollment or employment o...

• Word Count: 1705
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... happen. Another, perhaps subtler, degradation of civil rights due to the drug war is corporate drug testing. This practice is unfair and somewhat pointless for several reasons. First, a positive drug test doesn't tell the employer whether the employee has used drugs on the job or how often they use drugs, which really makes the conclusion irrelevant for any practical analysis of ... rather "severe fatigue and illness". It's not surprising then that a study found "drug testing programs do not succeed in improving productivity". One company put the cost of finding a positive drug test res...

• Word Count: 2317
• Approx Pages: 9
• Has Bibliography
• Grade Level: Undergraduate

... change throughout its history. Many Europeans believe the Magna Carta is more sacred, arguing that it has been able to change with the times, but being able to stand the test of time is what makes our Constitution distinct. When looking at all these aspects of misunderstanding the Constitution the problem boils down to one issue: the American people are uneducated ... the true meaning of some parts. Although it may not be perfect, the Constitution is the structure for our government and society, as we know it, and has stood the test of time with little change. ...

• Word Count: 933
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

... of the Parliament Act 1949 was raised in the House of Lords (the highest court of appeal then) and the concepts of PS and the RoL were put through a tough test. First let us begin with PS. This concept is defined by the Parliament itself on their official website as "a principle of the UK constitution that makes Parliament the supreme ... ...

• Word Count: 1820
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... , the university failed to reach their "enrollment, retention, and graduation goals for Black students" due to the lack of well qualified black students attempting to enter the university. A comprehensive statewide test was given to all 10th graders in Wisconsin. "These tests cover knowledge and concepts in reading, math, science, and social studies. Four categories of proficiency are used to categorize the ... ...

• Word Count: 1573
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

... % of American citizens supported the concept of a constitutional amendment to reverse the effects of Engel and later Schempp. One made it through congress. The court promulgated for the first time a test by which to compare potential infringements of the First Amendment Establishment Clause. To avoid constitutional infringement, legislation affecting religion must have a secular legislative purpose and primary effect that neither advances ... ...

• Word Count: 566
• Approx Pages: 2
• Has Bibliography
• Grade Level: Undergraduate

... universities use race-based admission systems, they minimize the achievements of Hispanics and blacks who do not need special treatment to be admitted to college. Weighing skin color over standardized test scores does not make sense. When any student is admitted to a college with less-than-average marks, they are less likely to succeed in competency with other students. It has ... ...

• Word Count: 1147
• Approx Pages: 5
• Grade Level: Undergraduate

... universities use race-based admission systems, they minimize the achievements of Hispanics and blacks who do not need special treatment to be admitted to college. Weighing skin color over standardized test scores does not make sense. When any student is admitted to a college with less-than-average marks, they are less likely to succeed in competency with other students. It has ... ...

• Word Count: 1147
• Approx Pages: 5
• Grade Level: Undergraduate

... or appropriate to protect that commerce from burdens and obstructions." (Mason, 298). Through Jones & Laughlin Steel, the Court replaced the categorical view of the Commerce Clause with the "substantial effects" test and began considering the actual impact of an activity on interstate commerce. Requiring that intrastate activity substantially affect interstate commerce has since become a touchstone for Commerce Clause analysis (Neusch, 221 ... ...

• Word Count: 5600
• Approx Pages: 22
• Has Bibliography
• Grade Level: Undergraduate

... increasingly apparent to the American public that our current public school systems are not meeting the standards to which many Americans would like it to achieve. Over the years, standardized test scores have decreased while many students continue to take remedial classes and excessive high school drop out rates increase. Though Americans realize the need to reform the current systems, school ... ...

• Word Count: 2864
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

... logic of affirmative action. With no end in sight to the causes of the current influx, and with the difficulty of withdrawing benefits once they have been granted, the real test of the affirmative-action state may be yet to come. At that point, we may be forced to adopt a more restrictive immigration policy. Right now, one thing is clear. To ... ...

• Word Count: 1755
• Approx Pages: 7
• Grade Level: Undergraduate

... the first amendment purposes, is that the government, in dedicating the forum for expressive purposes--that is, in limitations on whom may use the forum. The least stringent First Amendment test is reserved for the non-public forum, places that are neither traditionally used for expressive activities--places such as jailhouses, public hospitals, nor military bases. There is, not surprisingly, debate ... ...

• Word Count: 1987
• Approx Pages: 8
• Grade Level: Undergraduate

... officers, as they think proper in the President alone, or in the courts of law, or in the heads of departments." Hamilton was strongly opinionated to believing that the real test of a government was its tendency and aptitude to produce a well working administration. The president alone is giving the responsibility to nominate and chose men or women for higher office but ... ...

• Word Count: 1599
• Approx Pages: 6
• Grade Level: Undergraduate

... a new rule. Only if a defendant's legitimate expectation of privacy was violated would he be permitted to request evidence derived from that violation be excluded. This is known as the Katz test, so named for the case of Katz v. U.S. in which evidence obtained through electronic surveillance of a public phone booth was excluded from the case as it interfered with the defendant's reasonable ... ...

• Word Count: 2672
• Approx Pages: 11
• Grade Level: Undergraduate