In the state of Ohio, the courts have taken a pro-business approach, at least regarding the nursing home industry, as is evidenced, by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case, the case involved a lawsuit filed against The Oakridge Home, an Ohio nursing home, by a former resident, Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home, she suffered serious injuries in a fall and that the fall was the result of negligence by the nursing home staff. Oakridge entered a motion seeking a stay of the court proceedings because, Hayes had signed an arbitration agreement in which she agreed that any malpractice claims she might assert against Oakridge would be resolved…
Facts: Judd approached the defendant in an attempt to calm him. The defendant then punched Judd in the face. A brief fight ensured between Judd and the defendant during which a shelf with ceramic mugs fell on the floor and shattered. Doucette, Anderson and Potkaj attempted to break up the fight. Anderson and Potkaj grabbed Judd by his arms to restrain him while Doucette came up behind the defendant and wrapped his arms around him to stop the fight. The defendant broke free from Doucette and attacked Judd again. Judd freed himself from Potkaj and Anderson in response to the defendant’s attack and punched the defendant again. The defendant then picked up a kitchen knife with an eight inch blade from the counter and strode six feet from the counter toward Judd, swinging and stabbing with the knife.…
Facts: Clarence Brandenburg, a leader of an Ohio affiliate of the Ku Klux Klan, asked a reported to attend a KKK rally and cover the event. The reporter attended with a camera crew and filmed the rally that took place. Twelve white hooded figures, including that of Brandenburg’s, were seen with a wooden cross that was burned, and Brandenburg the said, “We’re not an revengent organization, but if our President, our Congress, and our Supreme Court, continues to suppress the white, Caucasian race, it’s possible that there might have to be some reveangance taken. He then also made some remarks regarding the African and the Jews. Clarence Brandenburg was arrested by the Ohio authorities and was convicted,…
Wisconsin v. Avery is a major case between Steven A. Avery and the state of Wisconsin. Steven Avery was born on July 9, 1962 and grew up in a very small area knows as Manitowoc county in the state of Wisconsin. His family owns an auto salvage yard where abandoned vehicles are obtained for the sale of parts. Avery was not a smart man, his IQ was seventy and he “barely functioned in school”. He had a very rough childhood and he turned to crime through his teens and into his twenties. In 1981, Avery and and his friend were charged with burglary at a local bar and were each sentenced to two years in…
Presser V. Illinois was a landmark Supreme Court case in 1816. Herman Presser was part of a Citizen’s militia group, called the Lehr und Wehr Verein. They were a group of armed ethnic German Workers, they had formed in order to counter the armed private armies in Chicago. Herman Presser was indicted for arming a private army without having a license from the Governor. However, his charges were later sent to the U.S Supreme Court. Therefore after reviewing the case, and hearing Herman Presser’s testimony. The Supreme Court ruled in a 9/0 majority. The Supreme Court Stated “Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and…
In the Greynolds v. Kurman case, I agree with the court’s decision. “There was sufficient evidence to support a finding of lack of informed consent” (Pozgar & Santucci, 2015, p. 339). When I read the case it seemed like the physicians did not put any effort in explaining the complete picture, including the Greynolds options, and letting them decide what they wanted. By law, “when there is doubt as to a patient’s capacity to consent, the consent of the legal guardian or next of kin should be obtained” (Pozgar & Santucci, 2015, p. 337). Mrs. Greynolds was readily available to sign consent if that is what she decided to do. “There are a variety of consent forms designed to more specifically describe the risks, benefits, and alternatives of…
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…
It was determined in the case of Witherspoon v. Illinois, 391 U.S. 510 (1968) that upon the trail and conviction of said name petitioner for murder was sentenced to the death penalty. However their was challenge for cause based on an Illinois statute, that allows for any individual juror member that when question at the point of being accepted as potential jurors. If it is determined that he or she would rule in favor of the death penalty, or even rule against the death penalty. The prosecution would be permitted to exclude the prospective jurors for cause with out investigating the determining factor of an impartial ruling. So the supreme court denies the defendant after he…
However, after viewing North Fargo High School’s student handbook, Mr. Renville’s senior portrait clearly violated the school guidelines which state: “No student will knowingly possess, handle, carry, or transmit any weapon or dangerous instrument in any school building, on school grounds, in any school vehicle or at any school-sponsored activity.4” .The image Renville provided clearly violates the school guidelines and does not pass the “Tinker Test”, therefore the ruling delivered in Tinker v Des Moines independent Community School District does not apply to the supposed infringement on Renville’s freedom of speech…
The case Miller v. California (1973) was determined by the Supreme Court, which redefined the meaning of obscenity. The word obscene is hard to define and could be seen as…
Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also, seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed.…
Justice Fortas uses a tangible measurement of the lack of physical confrontations as evidence for the student’s protest not being disruptive. In Justice Black’s Dissent the evidence provided is that the student’s minds were clearly distracted from their schoolwork judging by the report, but this is not only impossible to quantify and subjective to the students, teachers, and judges, it’s also almost certainly not an absolute constant throughout the student body. Justice Fortas’ next point is that the court has previously held that students retain their rights while on school grounds. Justice Black specially criticizes this point, arguing that the cases Justice Fortas cites to come to his conclusion are irrelevant to this case or inadequate as a whole, and that students do not have full rights in the special environment of a school. He ties this in to the idea that schools are environments where students should be the recipients of knowledge, and not platforms for students to express their political views. As student rights are a hotly contested topic both Justice’s arguments are largely rooted in their own opinions, but by general consensus and the manner by which schools promote themselves, it is a platform for students to freely express themselves and, by extension, their thoughts and opinions. The final point of contention between the Majority and Dissent are Justice Fortas’ conclusion that controversial speech leads to a prosperous America and Justice Black’s connection between giving the students too much leeway in schools and large amounts of youth crime. Justice Fortas writes that it’s off of these clashing opinions that are being fostered in the children of America from which America is independent and full of vigor. Justice Black arrives at the opposite conclusion. He writes that allowing students to blatantly defy authority like this they will lead to them to add to…
This lawsuit is just one of many. “[I]n North Carolina, a principal told students that he wouldn't allow "gay, fine by me" T-shirts in his school. A New Jersey school banned a T-shirt with the word "redneck." And so it goes around the nation.” (Haynes). These lawsuits and more are reminders of the Tinker v. Des Moines case, but on a much smaller scale.…
Breaking down the first case of Stew Starr at Caldwellia High School his provocative web page advocating the recreational use of illegal drugs by students was clearly something that did not belong in the educational environment. In the landmark decision of 1969, the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District declared that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Although Stew Starr’s website and statement are recognized under the freedom of speech law it does not induce or maintain an appropriate environment for learning and safety. In order for this to be upheld, although not covered by the law, some of the best practices that school officials can partake in is to adopt policies that are legally and educationally aligned to ensure the educational purpose. Furthermore these policies should be clearly written, communicated, and enforced in a fair and legal manner. In the next situation, Stew Starr threatens fellow student Clark Clean after Clark Clean states his negative sentiments towards the website. Disciplinary action should be enforced for the threat and even more so for the attack on Clark Cleans physical person. He further continues to induce violence and humiliation when he dumped the lunch tray on his head. Those are immediate grounds for disciplinary action for engaging in behavior that is dangerous and offensive according to school policies. With regard to Terry Teacher’s comment, “Stew Starr is a miserable student who does nothing but cause problems to everybody in the school.” Although unprofessional and unnecessary in the educational setting, the teacher’s statement would have been upheld by the law based off the case Pickering v. Board of Education of Township High School District 205, in which the decision sided with the teacher’s freedom of speech. According to NJ Statue 18A:36-19.2.…
Facts: Great Minneapolis Surplus Store (D) published advertisements in a newspaper for a sale on fur coats, mink scarves, and a lapin stole. Each of the advertisements indicated that the sale items would be sold on a first come first served basis, stated the quantities of each item available, and stated that they would be sold for one dollar each. Lefkowitz (P) was the first customer to present himself and offer the one dollar price per the terms of the advertisement. The defendant refused to sell the sale items to Lefkowitz and told him that according to the “house rules” the offer was intended for women only.…