Current Search: Constitutions -- United States (x) » speech (x)
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- Title
- We, the people.
- Creator
- Clark, Joseph
- Date Issued
- 1937
- PURL
- http://purl.flvc.org/fcla/DT/1745553
- Subject Headings
- Constitutional history --United States.
- Format
- Document (PDF)
- Title
- A comparative analysis of the French and American judicial systems and the cultural effects of judicial decisions.
- Creator
- Avari, Cynthia., Harriet L. Wilkes Honors College
- Abstract/Description
-
The histories of France and the United States of America are often compared alongside the judicial systems of each country. While the histories of the countries, starting with the French and American revolutions, have similarities, the judicial systems themselves are based on different schools of thought. The French method of judicial decision making is based on the Napoleonic code whereas the American method is based on that of common law. In available literature regarding comparisons of...
Show moreThe histories of France and the United States of America are often compared alongside the judicial systems of each country. While the histories of the countries, starting with the French and American revolutions, have similarities, the judicial systems themselves are based on different schools of thought. The French method of judicial decision making is based on the Napoleonic code whereas the American method is based on that of common law. In available literature regarding comparisons of France and the United States, it is an assumption that, if the American and French judicial systems are based on different legal theories, the cultural effects of those systems must also be different. Contrary to these expectations, however, my analysis of court cases focusing on labor unions' right to strike demonstrates that there are similarities in judicial decisions' effects on society.
Show less - Date Issued
- 2008
- PURL
- http://purl.flvc.org/FAU/77655
- Subject Headings
- Justice, Administration of, Justice, Administration of, Constitutional law, Philosophy, Constitutional law, Philosophy
- Format
- Document (PDF)
- Title
- The revolutionary labor amendment and the Constitution.
- Creator
- Child, Sampson R.
- Date Issued
- 1925-02-24
- PURL
- http://purl.flvc.org/fcla/DT/369297
- Subject Headings
- Children --Employment --Law and legislation --United States., Constitutional amendments --United States.
- Format
- Document (PDF)
- Title
- The rhetoric of law and love: legally (re)defining marriage.
- Creator
- Higgs, Volrick Wallace, Mulvaney, Becky, Florida Atlantic University, Dorothy F. Schmidt College of Arts and Letters, School of Communication and Multimedia Studies
- Abstract/Description
-
In just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine ...
Show moreIn just over one year since United States v. Windsor— the case invalidating sections of the Defense of Marriage Act (DOMA) that defined marriage, for purposes of federal statutes, as the “union of man and woman”— more than a dozen states have had their same-sex marriage bans ruled unconstitutional. This suggests a shift in legal meaning; previously successful arguments against same-sex “marriage” now seem irrational as argumentative ground has shifted. Since favorable rulings redefine “marriage” to include same-sex unions, this thesis analyzes Kitchen v. Herbert, a 2014 legal opinion from the United States Court of Appeals Tenth Circuit, to understand the rhetorical processes underpinning its redefinitional act. That analysis draws on Kenneth Burke’s theories of entitling and constitutions and discusses the rhetorical concepts of terministic screens, casuistic screens, scope and circumference as key features of the rhetoric of the legal opinions. The findings call for a balancing of deconstructive and conventional approaches to legal discourse.
Show less - Date Issued
- 2015
- PURL
- http://purl.flvc.org/fau/fd/FA00004378, http://purl.flvc.org/fau/fd/FA00004378
- Subject Headings
- Constitutional law -- United States, Identity (Psychology), Marriage -- United States -- Government policy, Same sex marriage -- Law and legislation -- United States, United States -- Defense of Marriage Act
- Format
- Document (PDF)
- Title
- DNA profiling and Fourth Amendment privacy.
- Creator
- Ohm, Daniel., Harriet L. Wilkes Honors College
- Abstract/Description
-
DNA profiling is a newly developed technique used by law enforcement agencies in the United States as a form of individual identification to prove whether a suspect is guilty. Due to the fact that it is a newly developed technology there is little legislation to regulate its proper uses and restrictions. Therefore restrictions are largely determined by court decisions as to whether DNA profiling violates constitutional rights. Current decisions in state and federal district courts tend to...
Show moreDNA profiling is a newly developed technique used by law enforcement agencies in the United States as a form of individual identification to prove whether a suspect is guilty. Due to the fact that it is a newly developed technology there is little legislation to regulate its proper uses and restrictions. Therefore restrictions are largely determined by court decisions as to whether DNA profiling violates constitutional rights. Current decisions in state and federal district courts tend to permit use of DNA profiling without a warrant. These decisions violate principles of privacy guaranteed by the US Constitution as interpreted in pre-DNA fourth amendment cases. By drawing on fourth amendment case law and commentaries, I shall argue that while in some cases no warrant is required for DNA profiling - when it is conducted upon people who have been convicted of a felony - or all other people, a warrant should be required.
Show less - Date Issued
- 2009
- PURL
- http://purl.flvc.org/FAU/3325084
- Subject Headings
- DNA fingerprinting, Privacy, Right of, Criminal justice, Administration of
- Format
- Document (PDF)
- Title
- Gun control in Florida: an analysis of the Right to Carry Law of 1987.
- Creator
- Mathews, Sunil., Harriet L. Wilkes Honors College
- Abstract/Description
-
In 1987, Florida passed a Right to Carry Law, allowing citizens to purchase a concealed weapons license. Bill proponents believe that an armed citizenry will deter crime. This study examines the relationship between gun control legislation and violent crime in Florida. By using multiple regression analysis, I conclude that gun control legislation has a significant effect on homicide rates, and the presence of national economic conditions is associated with violent crime in Florida.
- Date Issued
- 2009
- PURL
- http://purl.flvc.org/FAU/3325083
- Subject Headings
- Firearms ownership, Law and legislation, Violence, Prevention, Firearms, Law and legislation, Gun control
- Format
- Document (PDF)
- Title
- Finding the rainbow connection: moving from toleration to human dignity and acceptance in American life and law.
- Creator
- Lange, Alex C., Harriet L. Wilkes Honors College
- Abstract/Description
-
The surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases,...
Show moreThe surge in granting equal rights to gays and lesbians in the United States is remarkable. Yet with this surge comes a conflict : the civil rights of gays and lesbians against the rights of religious individuals, predominantly Christians, refusing to tolerate a behavior they think immoral. My thesis focuses on two hypothetical situations : a county clerk refusing to issue a marriage license to an engaged lesbian couple and an inn owner refusing a night's stay to a gay couple. In both cases, the clerk and inn owner refuse service for religious reasons. Normatively, I argue that we must move beyond a framework of toleration to a system of equal respect and understanding of our fellow human beings. Legally, I argue that the rights of religious expression and exercise should not trump the civil rights of gays and lesbians in the public sphere.
Show less - Date Issued
- 2012
- PURL
- http://purl.flvc.org/FAU/3359308
- Subject Headings
- Gay liberation movement, History, Religion and politics, History, Gay rights, Public opinion, Gays, Social conditions, Constitutional law, Religious aspects, Same-sex marriage, Law and legislation, Sex discrimination, Law and legislation, Gays, Legal status, laws, etc
- Format
- Document (PDF)
- Title
- Double take: looking beyond the first glance at Bush v. Gore and the Fourteenth Amendment.
- Creator
- Lewis, Kathryn Nicole., Harriet L. Wilkes Honors College
- Abstract/Description
-
The presidential election of 2000 was not the first United States presidential election to end with uncertainty. The contest between George W. Bush and Al Gore was not the first to introduce Americans to disputed vote tallies in crucial swing states, to the possibility of separate and competing slates of potential electors, or even to the notion that one person's vote really might matter after all. History had already born witness to many of those prospects during the 1877 presidential race...
Show moreThe presidential election of 2000 was not the first United States presidential election to end with uncertainty. The contest between George W. Bush and Al Gore was not the first to introduce Americans to disputed vote tallies in crucial swing states, to the possibility of separate and competing slates of potential electors, or even to the notion that one person's vote really might matter after all. History had already born witness to many of those prospects during the 1877 presidential race between Samuel Tilden and Rutherford B. Hayes, which Hayes ultimately won. The 2000 election was novel, however, in the sense that it inspired a series of legal battles that culminated in a landmark United States Supreme Court case. Bush v. Gore (531 U.S. 98) provoked questions concerning the legal meaning of equality, the nature of federalism, and the role the Supreme Court should play in determining how state courts should interpret state laws.
Show less - Date Issued
- 2004
- PURL
- http://purl.flvc.org/FAU/11571
- Subject Headings
- Trials, litigation, etc, Trials, litigation, etc
- Format
- Document (PDF)