... 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 ... (DPPA) was unconstitutional under the Tenth Amendment (Truitt, 28). The U.S. Supreme Court decided unanimously that the DPPA was constitutional. ...

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

... how to make a bomb, how to hi-jack a car, and how to use a gun, as well as almost anything and everything imaginable. This can lead to serious or deadly results. Rebecca Fairweather, a high school graduate of 1999, does not agree with this. In the Detroit News she wrote that " Rather than trying to prevent these actions, adults must try to keep ... is not as big a problem as a lot of people make it out to be. The Internet can be a very safe and helpful resource for children to learn and research. As Rebecca Fairweather said, adults should be more concerned with gearing children towards ...

• Word Count: 769
• Approx Pages: 3
• Has Bibliography
• Grade Level: High School

... Ambler. Mary was from Yorktown and was born into a wealthy family, though the struggle of the war had ruined her family financially. Mary's father was Jacquelin Ambler and her mother Rebecca Burwell, was the woman who picked her present husband Jacquelin over the previous president, Thomas Jefferson. Marshall was a hero to the Ambler girls, especially Mary. The two were married on ... ...

• Word Count: 2064
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... some of the bads come into play. This freedom is more a rightstricken than abused law. In other words it's more denied than abused. An example of this was written by Rebecca Jones from the American Schoolboard Journal. She wrote, "Lillian Gobits Vs Minersville District, in 1940 led some West Virginians to punish Jehovah's Witnesses who refuse to have their children recite ... ...

• Word Count: 1022
• Approx Pages: 4
• Grade Level: High School

... feelings. The type of curriculum strives to help the children become lifelong learners, who can think critically and imaginatively, ask meaningful questions and formulate alternative solutions, appreciate diversity, work collaboratively, [ ] (Rebecca Novick 4)." The article shows that maybe if we put a little more time into teaching the language-minority students how to understand English they would better be able to appreciate it ... ...

• Word Count: 826
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

... the criminal act of Ernesto Miranda in the spring of 1963. Miranda was arrested in Phoenix, Arizona for armed robbery, and for the kidnapping and raping of eighteen year old Rebecca Ann Johnson. He also had many other criminal offenses on his record. While in police custody, Ernesto Miranda signed a confession to the crime he had committed towards the young women ... ...

• Word Count: 380
• Approx Pages: 2
• Grade Level: High School

... 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

... settings, which brought networking opportunities that had been previously closed to them (Byrd-Chichester 21). Even though it is clear many students have benefited from the desegregation policy, standard test scores for African Americans continue to lag behind their white counterparts. In addition, studies indicate that the number of African Americans obtaining degrees has only slightly increased. In 1976, ... of Health, Education, and Welfare reported in their 1966, "Report on Equal Educational Opportunity," that family background and student attitudes explained far more of the variance ...

• Word Count: 6633
• Approx Pages: 27

... . Who regulates and decides what is indecent or obscene? These questions have evolved through many important cases over the last century. Today the Miller test, derived from Miller v. California, is used to decide the material in question. It is first important to know what it means for material ... description or representation of sexual matters. Third, before something can be found to be obscene, it must be utterly without redeeming social value1. This test for obscenity did not last long however and was changed in 1973 after the landmark case of Miller v. California. In this case a ma...

• Word Count: 2436
• Approx Pages: 10
• Has Bibliography
• Grade Level: High School

... 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

... complete lack of fairness and trust towards young athletes. Drug use obviously does go on with high school students, but singling out athletes for a random drug test is not the solution. Drug Testing Background In the summer of 2002 the Supreme Court made it legal for the 23 million high schools and middle schools ... as it is. They are the ones striving to be the best, set the new school record, and go to state. Giving them a drug test along the way just diminishes their pride and self-confidence completely. Most people who are in sports would never do drugs during their sporting season...

• Word Count: 917
• Approx Pages: 4
• Grade Level: High School

... , Catholic schools favored one religion over others. Decision Eight to zero would be the votes that decided the case of Lemon v. Kurtzman. With this unanimous verdict being reached, the Lemon Test was developed which is a system that is used to determine if a state law regarding the funding or creation of religious institutions with money from the public is in violation of ... the Constitution. As stated by Chief Justice Warren Burger, the Lemon test must, "First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advance...

• Word Count: 2227
• Approx Pages: 9
• Has Bibliography

... to $140 dollars. Beginning teachers must be assessed at three levels: academic skills, subject area, and classroom performance. Expectable score levels are determined by the individual state. But can a test determine whether or not the person will be an effective teacher? According to Lois Weiner, Ed.D., "I failed the essay portion of New York's Teacher Certification Exam that measures professional knowledge ... is from Harvard...The company that creates, administers and grades the tests [National Evaluation Systems] has refused to consider the challenge I've lodged against my score "(Wi...

• Word Count: 2247
• Approx Pages: 9
• Has Bibliography
• Grade Level: High School

... Court of the United States reversed, but the six Justices voting for reversal were unable to agree upon an opinion in support of the decision. They stated that the constitutional test for obscenity is "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." They said that under this ... constitutionally limited to hard-core pornography, and that the film in question was not as such. The reason that this case should be considered interpretist is that they applied a constitution "test" om ...

• Word Count: 2444
• Approx Pages: 10
• Grade Level: High School

... same sex, and asked to urinate in a cup. The teacher stand about 15 feet away, then listens for any noise that sounds like tampering. If the student passes the drug test, no questions are asked they go about their day, if a student fails they are asked to take another one. If the student fails the second drug ... notified, and actions are taken. Actions that are taken are things like a student can still play sports, but they have to go to drug counseling and have to take a drug test every week. If students and parents don't agree to this student is suspended from sports for one whole se...

• Word Count: 712
• Approx Pages: 3
• Grade Level: High School

... follow a list of certain qualifications. They should all have been a member of congress, a governor, or a member of the President's cabinet. They should also be able to take and pass a written test, testing them on their knowledge of the court system and their ability to make wise decisions. And lastly, the Supreme Court justices must all have different ethnic backgrounds and be ... you would do in a certain situation. Then there is an essay question asking you to describe, "What being a Supreme Court Justice means to you." It is necessary to pass this test, that way were sure to have J...

• Word Count: 564
• Approx Pages: 2

... brings up a very large question. Is drug testing an ethical way to decide employee drug use? It is also very hard to decide if the test is an invasion of employee privacy. "The ethical status of workplace drug testing can be expressed as a question of competing interests, between the employer's ... must be done in a certain manner. Someone who is incoherent because of drug abuse cannot be a pilot for example. This is why employers can test to see if characteristics or tendencies would affect performance. An employee may not want to give a urine or blood sample. The employee may not wan...

• Word Count: 1159
• Approx Pages: 5
• Grade Level: High School

... many interviews with acquaintances of the perpetrator and school and court records. Another factor in Dr. Nelson's decision was due to the fact that Daryl Atkins has taken a standard intelligence test and had scored a 59. According to Dr. Nelson, this is in the less than one percentile of the United States population. This specific ... test that the doctor had giving Atkins was the typical test used by the United States Government for "assessing intellectual functioning" and has a point scale form 45-155. The association that Dr. Nelson belonged to is known as The American ... ". Dr. Sa...

• Word Count: 1034
• Approx Pages: 4
• Has Bibliography

... explains that sexual content in art, literature, or scientific works are protected forms of press and speech. This is the precursor to the SLAPS test put out by another important obscenity case, Miller v. California. In Miller, the Roth test was again changed. In Miller, the Court affirmed Justice Brennan's beliefs by stating that obscenities must lack "serious literary, artistic, political, or scientific ... value." This test is used today despite certain problems the SLAPS test has run into over the years. The biggest problem the test encounters is the questioning of art. Although mos...

• Word Count: 1758
• Approx Pages: 7
• Grade Level: High School

... 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

... . It includes a review of three articles which focus on death penalty support by gender and political orientation. Next, three hypotheses are presented with research methods and procedures used to test them following the hypotheses. Then, detailed results of the research and discussion of the results with conclusion following them. Literature Review Introduction A review of the relevant literature suggests four ... are even more likely to favor capital punishment than women. (Stack, 2000) Research Methods and Procedures Introduction In this section of the paper, the method and data used ...

• Word Count: 2094
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... stands, was the Supreme Courts analysis on the issue accurate? Perhaps, subjecting all the sections of the criminal code, in question, to the Oakes Test might help clarify all the uncertainties surrounding the issue. In R. v. Oakes (1986), the Supreme Court of Canada created a list of guidelines to ... help decide whether a law found to violate a Charter right can be justified under Section 1. According to the Oakes Test, a law limiting a charter right could be considered reasonable if the law enforces an important government objective, the limitation of individual rights is minimal and ...

• Word Count: 5384
• Approx Pages: 22
• Has Bibliography
• Grade Level: High School

... gave the police information about the inside of his house, it did constitute a search. When the court tries to determine what constitutes a "search", they usually refer to the Katz test. The Katz test was established on a previous court case involving warrant less eavesdropping. The importance of this case is that it time-honored the notion that a Fourth Amendment search occurs when the ... officers, is no different than reaching conclusions through discarded garbage, and subpoenaed utility records. All of these which do not comprise to a search. The dissent also believed that the Katz ...

• Word Count: 1483
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... 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

... ; did he ever participate in sit ins at restaurants or schools to help the segregation challenge, or did he volunteer his services to help any Afro American organizations. Thurgood big test occurred when the Lincoln University faculty wanted to be integrated. Thurgood voted with the majority upperclassmen to keep the faculty all white. Eventually, his classmates wanted to change Thurgood's mind ... ; did he ever participate in sit ins at restaurants or schools to help the segregation challenge, or did he volunteer his services to help any Afro American organizations. Thurgood big test occ...

• Word Count: 10466
• Approx Pages: 42
• Has Bibliography
• Grade Level: High School