American Law Essay

West Virginia is the constitutionality of a law requiring those specializing in medicine to attend medical school (482). The Court upheld the constitutionality of the law, stating that it serves a legitimate state interest to protect the public from fraud and other deceptive practices (482). Though, the Court found this specific law constitutional, they emphasize that similar kind of laws are invalid “when [regulations] have no relation to such calling or profession . . . they can operate to deprive one of his right to pursue a lawful vocation” (482). San Francisco, California had a law that required those who owned a wooden building and used it as a storefront for a laundry business to obtain a permit from the board of supervisors. The board of supervisors were given great discretion in how they granted permits under the law (482). The Court, in Yick Wo v. Hopkins, held that the law was unconstitutional based on its discriminatory nature; Chinese owners of laundries were the victims of this state sanctioned discriminatory, since they were usually denied permits when they applied (482). Nebbia v. New York is the case that marks the beginning of the Court’s constitutional deference to state governments in regard to law and regulations that inhibit employment (482). This difference is otherwise known as the rational basis test, which gives states great leeway “to adopt whatever economic policy [that] may reasonably be deemed to promote public welfare,” in so far as “the laws passed are seen to have a reasonable relation to a proper legislative purpose, and are neither arbitrary nor discriminatory”

The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.

For example, Law 196 states “If a man has knocked out the eye of a free man, his eye shall be knocked out. Wow. What if they’re playing a game with a ball and accidently it hits the other man in the eye? I have to have my eye knocked out too? It was an accident! Also, to add on to law 196, law 199 states that “If he has knocked out the eye of a slave... he shall pay have his value. Why? I mean, I know he’s “just a slave”, but still. He’s still a human being. He should have to pay the same value for both. And what’s have the value of an eye anyway? Half an eye? In Doc. E, (Law 218), “If a surgeon has operated with a bronze lancet on the body of a free man for a serious injury, and has caused his death,... his hands shall be cut off. What if I’m a great surgeon, and I mean like a really good surgeon. It affects the whole city because you just lost one of your best surgeon. He can’t operate now. Also, what if he was already dying? There’s no way I could of saved him but I still get my hands cut off. It’s kind of silly that people actually believe that these laws are fair. It’s weird. Really

The United States government operates under a federalist system meaning that there are two or more governments who share the same power over one geographic region. In this case it would be the state and federal governments. The 10th amendment of the U.S. Constitution summarizes the idea of federalism, stating that “The powers not delegated to the US by the Constitution, nor prohibited by the states, are reserved to the states respectively, or to the people” (U.S. Constitution). This means that the federal government, whose jurisdiction is very limited, has jurisdiction over some thing while the state government has jurisdiction over

The areas that upset me is with Article VI of the U.S. Constitution establishes that federal law is supreme in conflicts between federal and state law. So then why are some state and city’s getting away with not following the law. Example sanctuary city’s and legalize marijuana in states like Colorado. These are federal laws that need to be followed but there not. That’s are some of the faults to federal system where they share powers from the nations and the state now day’s even though they are

The Amendment also has the Equal Protection Clause that prohibits states from denying any person within its jurisdiction the equal protection of the laws. The laws of the state must treat an individual in the same manner as others in similar conditions and circumstances (www.law.cornell.edu). The question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in an activity but denies other individuals the same right.

The question of fairness and equality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states ”no state can make or enforce laws on its citizens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws”. Section one of the fourteenth amendment means that the states cannot make any laws or enforce them on any person without due process and makes it illegal to deny equal protection. The founding fathers envisioned a justice system that is blind as evidenced by the

If a law or rule is unfair, it should be examined by an elected group of people to evaluate how the law should be changed or repealed. Of course, not all laws are passed as ‘unfair.’ As times change, and human thinking is adjusted, parts of a law may seem unfair. The One Drop Rule, also known as the Black Blood Law, is a prime example of a law that has become unfair and unjust by today’s standards. The law said that anyone with African heritage is defined as being black. This law was reviewed and repealed after a case was made that, the law was created in a time period where slaves were being raped by their owners and became pregnant. Southerners wanted to keep the children as slaves, which has no meaning in modern American society, and as

In the United States, each state has its own rules and laws that govern for the

However, Federal Laws supersede all state Local laws. However, the law states when the assertion of federal rights, when plainly and reasonably made, they are not to be defeated under the name of local practice. "Davis v. Wechler, 263 U.S.

The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits unreasonable discrimination. It required the state to treat each person within its jurisdiction with the same manner as others with similar condition and circumstances. The Equal Protection Clause reads to protect against the discriminatory use of classifications besides race and national origin, in areas outside of race discrimination, the equal protection clause was not traditionally a major consideration. Usually, the Court finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." The Supreme Court, however, has applied more stringent analysis in certain cases [1].

Another Louisiana law is the Housing law, that prevented white people and Black people from living in the same building. Not only did this law violate the Black person’s right to live where they choose, it strengthened the “separate but equal” ideas at the time. “Separate but equal” violates the Fourteenth Amendment and its clauses that establish equality of the races under the law. The social repercussions of this law were deep, as it gave white people more ability to marginalize Black people. The Louisiana Blind law segregates the blind, another example of people of color being marginalized, having their Fourteenth Amendment rights violated, and being subjected to racism that is perpetuated by the government and their society. The Georgia Mental Hospital law is another example of the “separate but equal” mentality. The Mental Hospital law forced Black and white people to be in separate mental institutions under the law. The separation of the races insinuates that one is better than the other, and that the quality of treatment should be

As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested changes and brings it up to date. The law commission was created by the law commission act of 1965.

Relative unfairness is a better measure of unfairness because it takes into account the size of the population of the states. It is calculated as follows.

"Dawn-Dae Rivers." Dae stepped up in front of the judges. The judge on the right spoke first, "Can you sing?" She nodded. "Please demonstrate." Dae took a deep breath and sang Daya's 'Don't let me down'. The middle judge smiled and wrote something down. The judge on left spoke this time, "What about rap?" Dae nodded again. The judge nodded as if to say 'Go ahead'. Dae rapped Chanyeol of EXO's part in 'Promise'. This time the middle judge spoke, "Dancing? Acting?" Dae smiled. "Dance."