HUDGENS V NATIONAL LABOR RELATIONS BOARD FREEDOM OF EXPRESSION AND PUBLIC PROPERTY AUGUST 13‚ 2009 DIANE SACHAROFF BMGT 281 SUMMER Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right‚ but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government‚ federal or state. (Hudgens v. National Labor Relations Board‚ 424 U.S. 507 Lexis). In
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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In Morrison v. Olsen‚ the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had
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Safford v Redding (2009) (Student rights regarding personal searches) • Facts of the case ¬ Savana Redding‚ a thirteen-year-old at Safford Middle School‚ was accompanied to the Assistant Principal Wilson’s office to be questioned about a day planner that contained knives and other illegal items‚ including four prescription-strength‚ and one over-the-counter‚ pain relief pills. ¬ Redding told the principal that she owned the planner but she knew nothing about the medication. Mr. Wilson explained
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search a student while law enforcement officers must have probable cause. In the cases of Best V. New Jersey and Safford V. Redding‚ the issues of search and seizure of a student in school are laid out in different scenarios that clearly portray the difference between a constitutional search and an unconstitutional search. The concept of reasonable suspicion is sufficient for the extended search in the Best V. New Jersey case because the student was in clear violation of school policy and the search was
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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enforcement is not hidden anymore‚ the general public can see the police officers performing their jobs. However‚ those officers quick to use gun or Taser lack the skills in de-escalation when dealing with a minor hostile situation. Nevertheless‚ the case of Bryan v. McPherson was related to a situation of officer Brian McPherson and motorist Carl Bryan‚ which Mr. Bryan was pulled over and issued a citation early that same day and headed to southern California from Camarillo to Coronado. I have over
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The KWETEY v. BOTCHWAY AND ANOTHER case explains the principle of “you cannot give what you do not have” which has its Latin as “Nemo dat quod non habet”. In this case‚ the bank‚ wanted to sell a boat that rightfully belonged to Kwetey and this was established by the court to be against the principle stated supra. The facts in Kwetey v Botchway are that the plaintiff had mortgaged his house to the Agricultural Development Bank (ADB) to secure a loan to replace a broken marine engine in a 40-footer
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Name and year of the case: Parent v. Trenton School Department‚ 1999 Issues: In this scenario a student maintained residence in the town of Trenton‚ a community that does not have a high school. Students from this area are able to enrolled in Ellsworth or MDI high schools‚ however‚ due to behavioral issues the student was placed in a more restrictive environment in Bangor (Parent v. Trenton‚ 1999‚ p.2). During the spring of the 1998-1999 academic year the student returned home without “notifying
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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