HIST 308 STUDY GUIDE MIDTERM
HIST 308 STUDY GUIDE MIDTERM HIST 308
Long Beach State
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This 6 page Study Guide was uploaded by Audra Oul on Sunday March 6, 2016. The Study Guide belongs to HIST 308 at California State University Long Beach taught by Martha Kadue in Spring 2016. Since its upload, it has received 35 views. For similar materials see Law and Civilization in History at California State University Long Beach.
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Date Created: 03/06/16
The Bramble Bush By, Karl N. Llewellyn Watch laws development in civilization Was of settling disputes without resorting to violence Readjustment towards the order does alteration in civilization Marbury v. Madison If court ordered Secretary of State Madison to deliver the commission to Marbury, it would unconstitutional. The writ of mandamus was unconstitutional Appears to be a step by step interpretation of the constitution and act of Congress. Observing if it warrant the Constitution Political values case conformity to the law. The essence of judicial duty National Federation of Independent Business v. Sibelius The powers that granted by the Congress from the constitution to regulate commerce commerce clause Judiciary authority Court decide the intent and impact of the Affordable Care Act as power to regulate than consequence today to get vegetable Penalty do not buy health insurance tax power paid to IRS It is the court’s decision if Congress can property tax Riley v. California Major function of the constitution: violation of the Fourth Amendment Need to be a “reasonable search” “Reasonable warrant” Societal values influence the court’s evaluation of reasonableness of those warrantless searches smart phones have an advance computing capacity Influence of societal values of Constitutional interpretation dependent on the life experiences of justice Need to be judge by a neutral judge Obergefell v. Hodges Constitutional interpretation Justice Kenney look at the majority intent of the people Need a fundamental right Balance of rights of majority and individuals to stop majority infringement of individual rights th Societal thinks majority prohibits the view of fundamental right of 14 amendment Due Process to not deprive life, liberty, and property Individual rights under 14 amendment not reasonable according to Scalia Direct Marketing v. Brohl Justice Kennedy think overrule precedence State have “substantial nexus” to minor tax need for education purpose and infrastructure Not relevant because state no power to tax but Congress Societal values: Closer to retails, dramatic technological change, Kennedy different from Kagan’s reason to Kimble v. Marvel. Kennedy is for natural law for all men created equal with unalienable rights Kimble v. Marvel Justice Kagan specific reasons not change its interpretation of patient law: precedent Brulotte v. Thys Co cannot charge royalties for use after patent expires. Justice consider impact of decision: set no end date in royalty clause Concern impact on use when about patents Brulotte was the default ruleroyalty for post expire patent license agreement Relationship between judicial interpretations and legislative branch. Court need rule of reason Kelo v. City of New London California define public use for purposes of eminent domain: Takings clause of Fifth Amendment City of New London approved a development plan Petitioner Susette Kelo condemned. Need development area for New London Her house City means for new economic plan to increase revenues and jobs Hence the plan evolved Church of Holy Trinity #1 Societal concerns rise to statute: Industry manual was an evil New secretaries not of U.S. Relevant to the action of the Church of Holy Trinity: question if this case was applicable to alien minister. Penalty is questionable Societal value support the ruling of the court: $1,000 for fine Act of Congress of Feb. 26 1885 Person or corporation aid an immigrant to work in the U.S under contract Church of Holy Trinity #2 Ruling of the court not only mean to address a statue broadly because Act of Feb. 26, 1885 was questionable can add religious leader Look at the intent Labor unions wanted wages Can be intended of statement but not text or of statute Justice Brewer long summary of role of religion Free to beliefs Decision more persuasive than #1 Look at the intention of the legislature Yates v. United States Context for Congress’s enactment of statute: Section 1519 of Sarbanes Oxley Act of 2002 protect and restore trust in financial market after Enron Corporation (accounting firm destroy documents/fraud Justice Ginsburg in majority opinion define tangible object? Occurs only to falsify a record or document Not fish Noscitur a socis: “avoid ascribing to one word a meaning so broad that it is inconsistent with its accompanying words, thus giving unintended breadth to the Acts of Congress." . Method of Justice Kagan use in dissent to determine object. Punish those who alter evidence Federal rules of criminal and civil John Yates cancel caught undersized object Cause only about meaning of the word of the two phrases “tangible object(s)” Code of Professional Responsibility Canon 7 Difference between a lawyer as an adviser and lawyer to advocate Advocates: takes fact as find them Take past conduct Resolve client’s doubts Not justified if frivolous litigation Client of government lawyer Need to be strong interest of client and do not do action unjust Her role different from a lawyer representing a private client? Seek justice not just convict, effect of public interest, and fair to all. They disclosure of available evidence Societal values reflected in these Ethical consideration Canon 7: Lawyers could represent a client zealously within the bond of the law The Milwaukee Experiment Jeffrey Toobin The New Yorker (May 11, 2015) Two competing societal concerns regarding crime and punishment reflected in this article? Success based on racial equality and reduce incarceration Milwaukee decided prosecuted 41% of whites arrest for paraphernalia. Blacks in 30s in prison Prosecutor’s ethnical obligation in Code of Professional Responsibility not to have racial imbalance Conflict with society’s expectation Create a team of officers and parole agents who used parolee’s families before and after they are released Perception of race and class influence society affected as recent deaths of unarmed African Americans Toward criminal justice system 37% of African Americans in prison WilliamYules v. Florida Bar Assumption court make about public perceptions of elected judges In Florida Advice and consent of Senate during good behavior No corruption of executive and legislative. Jury from judicial branch Assumptions about public actions to campaign solicitation comparted to other campaign activities See if First Amendment prohibits soliciting of funds for campaign Code of Judicial Conduct Canon 7: does not allow solicit campaign funds Societal values: support of choosing judges by popular elections Canon 1: “high standards of conduct created in development of judiciary Societal values support appointment of judges by other elected officials (Governor of legislation) Judges appointed by the Governor from list of nominated candidates Implicit Bias Train benefit judges? Implicit bias: subconscious construct negative whenever encounter race or gender General public see judges as a well this type of bias would antibias training improve reputation of judges or create image of fair liability? Implicit assessment test standards for antibias testing Test blacks/whites faces Training on procedural justice why stop them to ease racial profiling Painter v. Bannister Court stated that it was not choosing between two life styles What basis did court make decision? Chances high go wrong in father of Painter House Best interest of the child Generate emphasis in “fatherfigure” Most important influences on the court’s decisions Mark had established fatherson relationship That never had with relationship with father Stable administer in Mr. Bannister Do not gamble the child’s life Time and place of this ruling What were the prevailing societal norms in this community? IowaDoctor Hawns Head of Department of Child Development in Iowa State University need father figure and not biological father Flood v. Kuh Football and boxing not exempt from federal antitrust laws Justice Marshall’s view of baseball is reserve clause from Justice Blackmun’s Traded to Philadelphia Phillies from Cincinnati Reeds Baseball: Curt Flood professional baseball player challenges reserve clause Remain contract unless sign to another team Do not apply Interstate law not commerce Justice Blackmun: (opinion) Baseball is an exemption according to the 1952 Report of the Subcommittee on Study of Monopoly power on the House of Committee on the Judiciary Petitioner sought relief for violation for thirteenth amendment for involuntary servitude abolishing of slavery Justice Marshall: (dissent) It is up to the Congress to deny baseball players their benefits. Must admit an error if error. Error cannot deny substantial federal rights Letter from Birmingham Jail Reverend King distinguish a just law with an unjust law Wrong for denying citizens of the First Amendment privilege Just law manmade code, law of God Unjust law would inflict on minority and not on majority Shadrach, Meshach, and Abednego disobey laws of Nebuchadnezzar Basis for reverend’s decision was wait for God given right for constitutional rights. Nonviolent protest for inhuman treatment of African Americans Rev. King Standard for justifying civil disobedience Public nonviolence to willfully suffer Basis for movement to overturn mandating racial segregation Application of Georgetown College Judge Wright rely on legal principles in deciding issue the order No exception in law to demand selfhomicide Mormon case no exemption to criminal law United States District Court and the District of Colombia responsibility of child Judge Wright rely on moral principles: no time for research or reflection. Death moot the case in martyrs Patent has no away to forbid to save the child Attempted suicide is illegal Factors influence Judge Wright not introduced in opinion No answer to state prevent Marty Martyr: someone killed for religious beliefs
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