Scrutiny: A Brief Summary And Analysis

The Equality Act (2010) is designed to address unfair discrimination, harassment and victimisation and advance equality of opportunity and ensure good relations between people who share a protected characteristic and those who do not. These characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation.

1. Explain the different forms of child abuse? Include Shaken Baby Syndrome in your response.

I think homemade bomb crime scenes are increasing because of the opportunities we now have. This includes the internet, which tells us how to make the bomb, and stores that sell and/or produce the supplies for making the bombs.

Discrimination against race, gender, religion, or other social characteristics is occurring in all parts of the United States almost every day. Unfortunately, the U.S. has a history of extreme case of discrimination, which has evoked controversy and in worse cases, violence. To discourage any more of adverse discernment towards certain individuals, the Federal government has imposed legislation called affirmative action. According to At Issue: Affirmative Action, “Affirmative action is designed to promote access to opportunities in education, employment, housing, and government contracts among certain designated groups, such as women and minorities“ (At Issue). This law is necessary in today’s society in order to maintain equality and

It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems

The equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, “No state shall…deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated a group of people differently, then a valid reason for the discrepancy of different treatment must exist. Racial minorities, but mainly women, have historically been subjected and made vulnerable to harsh restrictions on activities such as voting, attending college, and working as lawyers. These restrictions, based on stereotypes overlooked the actual capability and potential of each individual woman. For many cases dealing with discrimination of women, the Court looked to another important element of equal protection, which stated that unfair treatment couldn’t be based on immutable distinctions, such as race and gender, because those fixed distinctions are uncontrollable and unrelated to ability. In the case of Frontiero v. Richardson, 411 U.S. 677 (1973), the Supreme Court was just one vote short of adopting gender as a suspect classification. In United States v. Virginia, 518 U.S. 515 (1996), women rights supporters were very pleased with the Supreme Court’s ruling and remain

Rational basis review, in America legitimate regulation, speak of the evasion typical of evaluation that federal courts smear when in view of legitimate inquiries, together with due process or equivalent security queries underneath the 5th Amendment or 14th Amendment. Federal court relating rational base review pursue to regulate whether a regulation is "realistically interrelated" to an "appropriate" supervision concern, whether actual or theoretical. The advanced stages of examination are midway scrutiny and strict examination. Delicate scrutiny is practical where a disbelieving classification is convoluted, or a central right is occupied. In U.S Federal Court jurisprudence, the natural surroundings of the interest at teething troubles defines

It has been argued that Fisher III neither provides any substantive additions to Equal Protection Clause (EPC) Jurisprudence, nor any guidance to lower courts how to apply Grutter and determine whether a race-based admissions program is consistent with the Fourteenth Amendment. Danielle Holley-Walker, in her article published in winter of 2014, explores the impact Fisher III has on race-conscious admissions programs, and argues that Fisher III enhances the strict scrutiny analysis, especially when compared to Grutter. Moreover, she argues “Justice Ginsburg’s dissent meaningfully highlights one of the most pernicious flaws in the current Equal Protection Clause jurisprudence, which is that strict scrutiny standard encourages universities to make their admissions process opaque instead of transparent and that there are many benefits that flow from having a transparent, race-conscious admissions program.”

When a University implements special admissions requirements, like race and ethnicity, the Court called “ for the most exacting judicial scrutiny” when reviewing cases of this nature (Bakke v U.S.). For this, the rational-basis test is faulty. Strict-scrutiny is prescribed to examine race cases.

The Alabama law passed about prohibiting anyone who has had a sex reassignment surgery to be employed as a public school teacher is unconstitutional under the Equal Protection Clause. Since the law is classifying a group of individuals, transgender, this would fall under the test of heighted scrutiny. The law would not be tested under strict scrutiny because it is not a suspect classification of individuals such as race, nationality, color, or religion. Under the heighted scrutiny test the burden is on the government to show their intent of actions bears a substantial relationship important to a government interest.

Where a gender-neutral alternative is available, the gender-discriminatory classification is not said to be the least intrusive means that the government can use, and therefore, the classification put forward by the government is not “necessary”. However, the government would be required to show that the means they use is necessary and narrowly tailored to advance its objectives only under strict scrutiny. Where the classification is not invidious, not selecting the least discriminatory means would not necessarily render the statute violative of equal protection. Rostker v. Goldberg, 453 U.S. 57, 101 S. Ct. 2646 (1981). As established supra, it is the intermediate scrutiny standard that applies to the present issue, and the City only needs to prove that its objective is important and the statutory classification is substantially related to that objective. It is not necessary for the City to pursue the least discriminatory means to pass the judicial review. The City will withstand intermediate

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].

Equal protection of the law involves the protection for individuals who experienced discrimination from the administrative state. If an individuals in indeed are experiencing or have experienced discrimination the judge would be in charge of interpreting if the public administrator knew and if he or she took the appropriate steps to avoid discrimination towards an individual. According to Cann (2006) argued, “The law presumes that mid-level managers and those above them “know or should” when actions will violate another’s constitutional rights” (p. 364). There are three types of middle tiers that deal with the Supreme Court uses to deal with equal protection of law cases. The first is the simple rationality test that focuses on state regulation of

“Now We Can Begin” an essay by Crystal Eastman is a very powerful essay. Eastman makes the point know in her essay that an honest and true feminist no matter where she stands in the movement she will see to the woman’s fight with strength and courage and how it  matters in the future and as well as its difference in its approach for the workers fight for industrial freedom. Eastman state “In fighting for the right to vote most women have tried to be either non-committal or thoroughly respectable on every other subject. Now they can say what they are really after; and what they are after, in common with all the rest of the struggling world, is freedom”

The reflective essay will pertain to chapter 8 and my critical evaluation of various components in this chapter. Attention is different for everyone, so ideally we all have things we play closer attention too. When I 'm out and I see people who wear pink or have sparkles I tend to pay more attention that area. I also get distracted very easily so if I am out and about and there is commotion going on I 'll stop to see what all the fuss is about. My own selective attention deals with movements, sparkly and pink objects. If any of those apply my retina will process that for me. What types of things do you pay close attention too? Selective attention makes me think of being at a party or some type of gathering where you don 't really know anyone. I usually make saccades of the environment. If I see someone I know or looks familiar I will remain fixated for a couple seconds than look away. At that moment I try and process how I recognize them.