In the medical field, it is extremely important to notify patients of any probability that during a procedure there are a number of things that could affect the outcome. Thus avoiding a case of malpractice or a violation of the HIPAA Act. In the case of Canterbury vs. Spence there was a violation of the HIPAA Act where a doctor did not inform the patient of the potential risks that are involved with a spinal surgery. The patient was told about the surgery but did not ask any further details of the surgery itself nor did the patient ask about the risks that are involved when the doctor did not inform him. As the patient was recovering from his surgery he had an incident where he had fallen when getting out of his hospital bed and was almost paralyzed. There can be many sides to a story but the most important subject of this case is the fact that the patient was not informed of the risks of the surgery nor did he ask for additional information.…
Facts: In Santa Fe, Texas, students were elected by their classmates to give pre-game prayers at high school football games over the loud speaker that were mainly Christian. A Catholic and a Mormon family felt this was a violation of the Establishment Clause of the First Amendment of the Constitution. The school district has always done pre-game invocations before each game however while the case was pending the school district changed their policy, still permitting student led prayer but not requiring them as they were before. The District Court ordered that only nonsectarian and nonproselytizing prayers could be…
In 1954, Congress amended Title 36 of the United States Code by adding “under God” to the Pledge of Allegiance. California Education Code section 52720 requires appropriate patriotic exercises to be practiced in every public elementary school every day. Elk Grove Unified School District’s policy required the recitation of the Pledge of Allegiance every day pursuant to section 52720 of the California Education Code. Michael A. Newdow’s daughter attended a public school in the Elk Grove Unified School District in California. Each day, teachers at the school led the students in a voluntary recitation of the Pledge of Allegiance, which included the words “under God.” Newdow, being an atheist and divorced with “shared physical custody” of his daughter, challenged the constitutionality of Elk Grove Unified School District’s requirement that teachers lead their classes in reciting the Pledge of Allegiance. Newdow filed suit in federal district court in California claiming that Elk Grove’s recitation of the Pledge of Allegiance violated the 1st Amendment Establishment Clause to the Constitution due to the words “under God” being included and thus, his daughter was being subjected to religious indoctrination. The district court dismissed Newdow’s claim on the ground that he lacked legal standing because he was divorced from Sandra Banning, the mother of his daughter, and that he did not have legal custody of his daughter. The Court of Appeals for the Ninth Circuit reversed the lower court’s ruling, deciding that Newdow did have holding as a parent to sue and that the school district’s policy violated the establishment clause. The school district appealed the decision to the Supreme Court, which granted review.…
I, Kamryn Foster, write this opinion to support the majority on the case of Hazelwood v. Kuhlmeier.…
The 6–3 decision of the majority was delivered by Justice Steven. For his majority opinion, the Alabama law "silence meditation or voluntary prayer" was unconstitutional. He found that was just to promote religion. He also found the implication of the words "voluntary prayer" as an issue of the Alabama law. The Justice Steven just focused on the purpose behind the law. The word "voluntary prayer" is not a protecting the student 's right but it encourage them to voluntary to prayer. One of the Judge also agree with his decision, Judge W.Brevard Hand, ruled prayer decisions in public school were wrong because this law is not apply to the states. As many states, they want to have the same decision and to make the world more successful. They both agree with Wallace v. Jaffree that use instructional times for silent school prayer and in public school are wrong. But with that decision, Justice William Rehnquist disagreed with them. He declared and endorses prayer in public school, even the religious in this situation. In addition, The District Court permitted the prayers to continue, because they ultimately held that the Establishment Clause of the First Amendment does not prohibit a state from establishing a religion. ("Wallace v. Jaffree (1985)"). But the Court of Appeals ruled that they were unconstitutional, because the court had considered and had rejected the historical arguments. Because of that, the state appealed to the Supreme Court. When the law appealed to the Supreme Court, the Former Supreme Court Justice Potter Stewart noted that they did it as the establishment of a religion of secularism. Also, after many decision, the Supreme Court under Chief Justice Earl Warren has angered southern conservatives that as many reason they made even more resentment that lead to many problem. Some people of Christian thought it would be good if the prayers at school. But the Supreme Court still…
Although John Berger and Anthony Appiah discuss very different topics in their essays Ways of Seeing and race, they are very similar in several ways. I found that the two have similar writing styles. Although Berger’s is a little bit more complex than Appiah’s, I found that they both write using extremely long sentences and difficult vocabulary. Aside from writing styles, I also found Berger and Appiah similar in their views. Both seem to go against the normal view of society. For example, in Berger’s essay he makes the argument that reproductions of art are a bad thing, whereas most of society views reproductions as a good thing because it allows the masses the opportunity to view works of art. In Appiah’s essay he makes the argument that race does not exist, which definitely goes against the common belief of most of society.…
The second question of the case is whether or not the reading of the prayer violates the Establishment Clause. The Establishment Clause prohibits laws that respect an establishment of religion by congress. Some parents argued that by having the students and teachers recite the prayer, the public was showing that the government was “respecting an establishment of religion”.…
Engal V Vitale is the supreme court decision involving Steven Engel and William Vitale. It was decided on June 25,1962. This case was about mandatory prayer was aloud in school systems. It was ruled unethical under the first amendment because of freedom of religion. This case is important because it’s a precedent for separation of church and state being that education falls under state. I am interested in this case because I went to a catholic school where prayer was required as a part of the curriculum and I’m interested in the rules in the public school system. (Engal V. Vitale, Wikipedia)…
“In sum, the unchallenged testimony of acknowledged experts in education and religious history, almost 300 years of consistent practice, and strong evidence of a sustained faith pervading and regulating respondents' entire mode of life support the claim that enforcement of the State's requirement of compulsory formal education after the eighth grade would gravely endanger if not destroy the free exercise of respondents' religious beliefs.”…
This case raised issue on whether placing a religious monument on state property violated the Establishment Clause of the First Amendment. The Lemon Test, established in precedent Lemon V. Kurtzman, concluded that to survive an Establishment Clause challenge a policy 1) must have a secular purpose; 2) must have a principal or primary effect that doesn’t advance or inhibit religion; and 3) must not foster excessive government entanglement with religion” (Blazing).…
According to Nicholson, the “Lemon Test” is used to determine when a law or policy has the effect of establishing religion. The test consists of three prongs: the 1st prong is used to determine the school board’s intent in introducing the statement, the 2nd prong asks whether the action promotes or prohibits religion, and finally the 3rd prong addresses whether an action creates excessive “entanglement” between church and state. The Lemon Test is the logical criteria used by the Supreme Court to Decide Lemon V. Kurtzman, 403 U.S. 602(1971). This case involved laws in Pennsylvania and Rhode Island that permitted public funds to go to church related schools. The funds were allocated to pay teacher’s salaries partial and to provide instructional materials to help educate students and the books that were needed for the classroom. If the states decided to use the public money for parochial school, this created an entanglement between religion and government. Under the ruling of Krutzman v. Lemon, teachers who only taught secular subjects using only materials available in the regular public schools could be eligible to receive public funds and keep their jobs.…
Throughout American history, religion has often been entangled with sports.1 This is evidenced by athletes thanking God in interviews and praying after scoring touchdowns in football games.2 Moreover, pregame prayers are often held before sporting events throughout the country.3 These rituals are often undertaken without thoughts of consequences because they are commonplace and because schools may not have received complaints about them. However, religious rituals conducted at public institutions have been increasingly challenged by individuals claiming that the rituals violate the First Amendment to the United States Constitution.4…
In 1951, the New York State Board of Regents gave their approval for a prayer that was to be said every morning in school, along with the Pledge of Allegiance ("Engel v. Vitale (1962)"). The Regents believed this prayer would encourage children to be good citizens, along with other benefits such as developing good character. Although this prayer was not required, many students and parents were opposed to the idea and decided to fight against it. In 1962, a group of angry parents reached the Supreme Court and Engel v. Vitale took place. The parents argued that the school prayer violated the First Amendment, and the Supreme Court ruled in their favor. Engel v. Vitale is a very controversial Supreme Court case, but the Court definitely made the right decision. The separation of church and state is a fundamental part of the United States and it needs to be reinforced and preserved, which is exactly what Engel v. Vitale did.…
Along with time, several American’s viewpoints changed, one including religion. Unfortunately, the Pledge was no longer the simplistic faith to the country. Requiring the recital of the Pledge in the school systems instigated more controversial events. The ongoing contest against the usage of the Pledge led the House of Representatives to construct the Pledge Protections Act of 2005. The bill intended “to amend the federal judicial code to deny jurisdiction to any federal court, including controversies involving the Pledge of Allegiance” (H.R. 2389 (109th)).…
Even though there is no distinct divide between those who support and oppose, inclusion of prayer in the system of education is more common for members of religious communities to support prayer. For those who do not belong in religious communities and those who do not practice certain religions are likely to speak against prayers in public schools. Laws that are in place today allow religious groups to display their affinity to religions as if they are participating in a club. Schools allow clubs to be created within a school, and this is the only exception for religion. However, schools do not have the authority to mandate prayer during school operating hours. On the other hand, schools aren’t able to prevent or deny a student their rights to pray. This issue has been long standing and is not likely to be easily resolved because it is very challenging to find a compromise for an issue that is…