Case Analysis : Vergara V. California

Riley v. California is a Supreme Court case that pertains to the Fourth Amendment; specifically, the privacy clause. This case was decided by the Court in 2014 with a unanimous decision for Riley. It came to the Court after the petitioner, Riley, was stopped for a traffic violation and then arrested on a weapons charge. The arresting officer proceeded to search Riley and removed a cell phone from his pocket. After accessing the phone the officer found evidence of gang related activity. The officer took Riley back to the station and a detective that specialized in gang related crime went through the phone and found multiple pictures and videos pertaining to a shooting a few weeks prior. They sought to enhance the charges due to the evidence found on his phone that connected him to the gangs. Riley moved to suppress the evidence that was discovered on his phone; the trial court denied the motion and the Court of Appeals affirmed. A number of interests groups appeared as amici in this case including: EPIC, American Civil Liberties Union, Cato Institute, DKT Liberty Project, Constitutional Accountability Center amongst others submitted briefs in support of the petitioner. Two groups submitted briefs in support of the respondent and those include Association of State Criminal Investigative Agencies and Arizona et al.

The NEA and the AFT represent millions of teachers throughout the country. Moe indicates that teachers unions are known has political powerhouses which contribute millions of dollars to campaign contributions and lobbying. Fortune Magazine has consistently ranked National Education Association in the top 15 of its Washington Power 25 list for influence in the nation’s capital. The American Federation of Teachers along with the National Education Association has given more than $60 million combined in campaign contributions over the last 20 years (Moe 267). Ballot initiatives that are created in to order to begin school reform usually are defeated because their huge sums of moneys that come from these unions in order to defeat a ballot that can jeopardize a teacher’s job. Let’s keep in mind that unions are designed to protect the interest of the teachers, unions are not designed to help the interest of children. The unions use this money mostly to demand special interest for the teachers, such as imposing a structure at the workplace giving teacher’s rights and restricting managerial control. Teacher unions are by far the most powerful forces in American education and use their power to promote their own special interests at any expense.

Sixty-two years ago, the Supreme Court ruled the “separate but equal” doctrine unconstitutional. The decision from the Plessy v. Ferguson case was lawfully denounced by the Brown v. Board of Education. The Brown case, which was initiated by the members of the National Association for the Advancement of Colored People (NAACP), served as a stimulus for challenging segregation in all areas of society, especially in public educational institutions. Among the support for the desegregation in school systems, there was a young yet compelling voice who was heard by numerous ears in the rural city in Farmville, Alabama. The virtuous and determined Barbara Johns, who was only a high school student then led her tiny, hovel-like school’s student body and the Farmville community to file a lawsuit in the hope of terminating the inequality in regards to the educational system.

Factual History: In Los Angeles, California during the month of October and year of 2009, Abel Lopez was attacked and robbed by a man with a knife, he later identified as Walter Fernandez. During the confrontation between Lopez and Fernandez, Fernandez informed Lopez the territory in which Lopez was ruled by the “Drifters” After Lopez placed a call to 911, a few minutes after the attack, police and paramedics arrived on the scene. Two Los Angeles police officers, Detective Clark and Officer Cirrito, drove to a nearby alley that was often contained members of the Drifters gang. Here in the ally, a witnesses told them that the suspect was in an apartment in a house located off the

Vote: 7/2. Justia Antonin Scalia delivered the opinion of the court. In which Rehnquist, C.J joined and White, Blackmum, O’Connor, Kennedy, and Souter Joined. Steven J. filed an opinion in which Marshal J. joined.

Question: Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?

Throughout history there have been various influential court cases involving Education. These important cases and their outcomes act as milestones on the road to a successful education System in the United States. Topics such as race, religion and gender equality within schools have all been vigorously debated upon and have ultimately played major roles in shaping today 's education system. By examining civil rights and acting upon these rights many important educational court cases have allowed many students a greater chance for efficient and equal learning opportunities in the classroom.

At the time of the first incident involving Riley, he was known to be affiliated with the Lincoln Park gang in San Diego, California. On August 2, 2009, Riley with a few other gang members shot at a man of their opposing gang. Shortly after the scene took place, Riley and his crew then drove off in Riley’s vehicle. After a few days, on August 22, 2009, a police officer had pulled Riley over for expired tags on the current vehicle he was driving. At the same time, after running his license, the officer discovered that Riley was driving on a suspended license. Following the official procedure, Riley’s vehicle was to be impounded. Before his vehicle could be towed away though, the officer must go through and search

Riley vs. California is one of the most imporntant supreme court cases during the 21st century. If ruled the in favor of the state of California it would fundmentaly change the fourth amendment officers would be able to search people’s phones with no other evidence other than they thought that it was in best intrest to them to serach it and you could have done nothing about it and that is a clear violation of the protection of unreasonable search and seizure that the fourth amendment gives us. To understand why this case was so important you have to know the backround of the situation. It started in San Diego were a man named David Riley was pulled over because he was driving with a expired license plate. The police officer during that stop found out that Riley was driving while his license was suspended. The

In the article, “Rotten Apples,” Haley Sweetland Edwards discusses the issues of teacher tenure and struggling schools in California. Rich businessmen like David Welch argued that California’s constitution regarding to job protection makes it difficult for schools to remove bad teachers who are hurting their student’s future. This lead to a group of businessmen and lawyers joining together to start “Vergara” cases on several courts around the nation (149). However, the teacher’s union think that Welch’s objective was conflicting and puts the union in danger as a whole, not just the “bad” teachers. The Time’s method of presenting this article will determine their responsibility and whether their method justifies the journalistic way of writing about the topic.

Looking at all of these different cases, the same question seemed to be asked. The court needed to decide if the fourth amendment was broken because of the searches the officers did. The courts looked at the vehicle as one part and the luggage, box, or bag separate in each case. In order for the search in California v. Acevedo to be legal the court had to find that the probable cause that they had to search the vehicle, covered every area that the car possessed. While analyzing this case, I thought about what the officers should have done in the situation in order to make their search efficient. If the officers asked Charles if they could search the car and Charles consented to the search this would have helped in court. In my opinion, I feel

California v. Carney was a United States Supreme Court case. California v. Carney was argued on October 30th, 1984 and decided on May 13th, 1985. The petitioner was the State of California and the respondent was Charles R. Carney. The petitioner claims that warrantless searches of motor homes does not violate the Fourth Amendment of the U.S. constitution. The decision was 6 for California and 3 votes against.

The tenure is a contractual right to protect teachers from being terminated for political or personal reasons. According to the “Vergara V. California” case, nine students file a lawsuit in California state courts about the teachers has an insufficient teaching method in schools. Student claim that they can’t get a quality education because this system has created an issue. However, teachers are not the only reason that affects students. There are many aspects that may influence students in a negative way, such as the student environment, family, and school resources. If people look at those aspects, they will notice that with poorly performing teachers, people start to take aggressive actions towards the tenure system, which is unfair to the union or CTA. Society should consider the pros and cons to make the decision about whether the tenure system should be eliminated or not. The pros of the tenure system are, it prevents teachers from being fired due to unfair reasons. It can also help teachers perform better in school as a result of being freed from the stress of being fired. On the other hand, tenure makes it difficult to remove inadequate teachers because of the long paper work, along with it is the costly fees to remove deficient teachers. After considering this, the pros of the tenure are the reasons that the tenure system should not be eliminated because it proves tenure is benefits to schools. In addition, there are no guarantees that schools will become better,

The tenure is the employment contract created to protect teachers from being fired by the political or personal reasons. According to “Vergara V. California” case, this system has been created an issue that with the support of Student Matter, nine students file a lawsuit in California state courts about the inadequate teaching of teachers in schools. Furthermore, Students claim they can’t get a quality education. It’s clear that inefficient teachers can’t give a good education, however teachers aren’t the only reason that affects students. There are many aspects that may influence student in a negative way, such as student environment, family, and school resources. If people look at those aspects, they will notice that with poorly performance teachers, people start to take aggressive actions toward the tenure system are unfair to the union or CTA. Society should consider the pros and cons to make the decision about the tenure system should be eliminated or not. The pros of the tenure system are, it prevents teachers from being fired due to unfair reasons. Furthermore, it helps teachers perform better in school as a result freed from the stress of being fired. On the other hand, tenure makes it difficult to remove inadequate teachers because of the long paper work, along with it is the costly fees to remove deficient teachers. After considering it, the pros of the tenure are the reasons for the tenure system should not be eliminated because it proves tenure is benefit to

The court decided in a 5-4 majority that obscene publications, especially "hardcore pornography," were not protected by the First Amendment. They also decided, however, that the criteria set in Memoirs v. Massachusetts were "too rigorous," and changed the standard by which materials are decided as obscene or not. The court then created the "three-pronged test" or "Miller test" to determine whether materials were obscene. The decision changed the standard for judging material as obscene to: