Lee v. Weisman (1992) - Prayers at School Graduation

How far can a school go when it comes to accommodating the religious beliefs of students and parents? Many schools have traditionally had someone offer prayers at important school events like graduations, but critics argue that such prayers violate the separation of church and state because they mean that the government is endorsing particular religious beliefs. Fast Facts: Lee v. Weisman Case Argued: November 6, 1991Decision Issued:Â  June 24, 1992Petitioner: Robert E. LeeRespondent: Daniel WeismanKey Question: Did letting a religious officiant offer a prayer during an official public school ceremony violate the Establishment Clause of the First Amendment?Majority Decision: Justices Blackmun, O’Connor, Stevens, Kennedy, and SouterDissenting: Justices Rehnquist, White, Scalia, and ThomasRuling: Since the graduation was state-sponsored, the prayer was deemed in violation of the Establishment Clause. Background Information Nathan Bishop Middle School in Providence, RI, traditionally invited clergy to offer prayers at graduation ceremonies. Deborah Weisman and her father, Daniel, both of whom were Jewish, challenged the policy and filed suit in court, arguing that the school had turned itself into a house of worship after a rabbis benediction. At the disputed graduation, the rabbi thanked for: ...the legacy of America where diversity is celebrated...O God, we are grateful for the learning which we have celebrated on this joyous commencement...we give thanks to you, Lord, for keeping us alive, sustaining us and allowing us to reach this special, happy occasion. With help from the Bush administration, the school board argued that the prayer was not an endorsement of religion or of any religious doctrines. The Weismans were supported by the ACLU and other groups interested in religious freedom. Both the district and appellate courts agreed with the Weismans and found the practice of offering prayers unconstitutional. The case was appealed to the Supreme Court where the administration asked it to overturn the three-prong test created in Lemon v. Kurtzman. Court Decision Arguments were made on November 6th, 1991. On June 24th 1992, the Supreme Court ruled 5-4 that prayers during school graduation violate the Establishment Clause. Writing for the majority, Justice Kennedy found that officially sanctioned prayers in public schools were so clearly a violation that the case could be decided without relying upon the Courts earlier church/separation precedents, thus avoiding questions about the Lemon Test entirely. According to Kennedy, the governments involvement in religious exercises at graduation is pervasive and unavoidable. The state creates both public and peer pressure on students to rise for and remain silent during prayers. State officials not only determine that an invocation and benediction should be given, but also select the religious participant and provide guidelines for the content of the nonsectarian prayers. The Court viewed this extensive state participation as coercive in the elementary and secondary school settings. The state in effect required participation in a religious exercise, since the option of not attending one of lifes most significant occasions was no real choice. At a minimum, the Court concluded, the Establishment Clause guarantees that government may not coerce anyone to support or participate in religion or its exercise. What to most believers may seem nothing more than a reasonable request that the nonbeliever respect their religious practices, in a school context may appear to the nonbeliever or dissenter to be an attempt to employ the machinery of the State to enforce a religious orthodoxy. Although a person could stand for the prayer merely as a sign of respect for others, such an action could justifiably be interpreted as accepting the message. The control held by teachers and principals over the students actions forces those graduating to submit to the standards of behavior. This is sometimes referred to as the Coercion Test. Graduation prayers fail this test because they put impermissible pressure on students to participate in, or at least show respect for, the prayer. In a dictum, Justice Kennedy wrote about the importance of the separating church and state: The First Amendments Religion Clauses mean that religious beliefs and religious expression are too precious to be either proscribed or prescribed by the State. The design of the Constitution is that preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere, which itself is promised freedom to pursue that mission. [...] A state-created orthodoxy puts at grave risk that freedom of belief and conscience which are the sole assurance that religious faith is real, not imposed. In a sarcastic and scathing dissent, Justice Scalia said that prayer is a common and accepted practice of bringing people together and the government should be allowed to promote it. The fact that prayers can cause division for those who disagree with or are even offended by the content simply wasnt relevant, as far as he was concerned. He also didnt bother to explain how sectarian prayers from one religion could unify people of many different religions, never mind people with no religion at all. Significance This decision failed to reverse the standards established by the Court in Lemon. Instead, this ruling extended the prohibition of school prayer to graduation ceremonies and refused to accept the idea that a student would not be harmed by standing during the prayer without sharing the message contained in the prayer.

Essay On Iceland - 1116 Words

Iceland, being a pretty small country, relies a lot on importation of goods. To import to Iceland there are a few required documents which the Icelandic Directorate of Customs (2017) lays out on their website: An invoice, a bill of lading or a transport document issued in connection with the transport of the goods; however, when there is submitted a bill covering freight charges or a notice from the transporter to the consignee concerning a consignment of goods, and these documents contain the same information as specified in regular bills of lading, a bill of lading need not be submitted unless specially requested, a bill covering freight charges, a certificate of origin when preferential customs treatment is requested in accordance with†¦show more content†¦Another potential big barrier for the economy is the moving in of large foreign companies such as the clothing retailer HM, and the warehouse style membership based Costco. As Iceland deals with new competition and a recovering economy, the labor force has gone through some big changes. The labor force has risen to a high of 196,500 people in 2016 and participation in the job market has risen to 83%, both of which could be at tributed to the recently booming tourism industry (Iceland Chamber of Commerce, 2017). A large portion of Iceland’s domestic economy comes from things like tourism, IT and communication, and other things that do not really require packaging and handling, however, the fishing sector is very dependent on effective packaging and handling. Valka is a company in Iceland that develops and provides technology and equipment for the fishing industry. Their equipment can cover the whole process of grading and batching, trimming, cutting and portioning, and packaging the fish as well as use software to manage the entire order and production process (Valka, 2017). Most of the country and its population is near water, so sophisticated trucks and other transportation modes aren’t really as important for the domestic side of packaging and handling, but the farther away the fish is shipped the more advanced and complex the solutions need to be. The domestic channels are fairly simple due to the relatively small country and the evenShow MoreRelatedThe Financial Crisis in Iceland Essay607 Words   |  3 PagesIceland is a small European Country. Its currency is Krona, ISK. The 2008-2009 Icelandic financial crisis was the major economic and political event in the Iceland. It had been worst financial crisis ever experienced by a small country. Sharp turn in 2007-2008 ISK dropped 24% against Euro from Nov 2007 to June 2008. Iceland involved the collapse of all three of the countrys major privately owned commercial banks, following their difficulties in refinancing their short-term debt and a run on depositsRead MoreIceland Economic Crisis Essay796 Words   |  4 Pagessavings and homes. Iceland has a stable democracy, but they have low employment and government debt. Gylfi Zoega said Iceland had good health care and education. Also, not much crime and good place where families can live. Iceland allowed multinational corporations, such as Alcoa, it build huge alu minum-smelting plants. In Iceland, the government privatized their 3 largest banks. The 3 banks borrowed 120 billion dollars. The stock prices and houses prices were doubled. In 2008, the Iceland bank fell, theRead MoreDescriptive Essay - About Iceland1431 Words   |  6 Pagesour luggage into the rental car at Keflavik Airport. Wed just landed in Iceland, and already we were silenced by the landscape. It looks even more amazing in person!, Josh said as we took it all in. Since we met during at a gathering at an old friends house, Josh and I had dreamed to traveled extensively through the world together, from the canals of Venice and Amsterdam to the mountains of Austria and Italy, but Iceland was our main place of excitement to visit. The surrounding lava field resembledRead MoreEssay on A Fictional Account of Early Iceland1573 Words   |  7 PagesA Fictional Account of Early Iceland The origin and evolution of saga writing in Iceland are largely matters for speculation. A common pastime on Icelandic farms, from the 12th century down to modern times, was the reading aloud of stories to entertain the household, known as sagnaskemmtun (saga entertainment). It seems to have replaced the traditional art of storytelling (Hermann Palsson, pg. 1). Njals Saga uses Old Icelandic writing convention and historical data to give a fictionalRead MoreEssay on Iceland Water - Case Study1221 Words   |  5 PagesWater from Iceland – Case Study Bottled water traditionally has been consumed in the United States by the wealthy. However, in the past several years bottled water has begun to appeal to a wider market. A whole new market share started opening up for the bottled water as considerable percentage of people started preferring bottled water over tap water. According to the Beverage Marketing Corp., in 2007, total U.S. category volume of bottled water surpassed 8.8 billion gallons, a 6.9 percent advanceRead MoreEssay about Troubles with Eminent Domain in Iceland544 Words   |  3 PagesIceland recognizes the issue of eminent domain, as they have had trouble with this in regards to geothermal deposits. However, they agree with the ECHR regarding rights to fair compensation. Governments should only take property if it will benefit the public as a whole. In any case of mandatory purchase, the purchased property should be used for the public good. The government must have proof of a plan to use the property to improve the lives of the public before the property can be purchased. PropertyRead MoreSocial Movements : Political And Social Issues1072 Words   |  5 PagesMichaela Gordillo GSC 300 November 12, 2015 Essay 3 Essay Social movements have been seen as large informal organizations that have put more attention on areas that dealt with political and social issues and in doing so started revolutions that were focused on making changes that were important to their societies. (Wiki) Two of the social movements that I have decided to focus on were in one way or another successful in their social movements were Iceland and Chile compared to the other nations thatRead MoreIceland : A Small Island Country1945 Words   |  8 PagesIntroduction Iceland is a small island country located in the North Atlantic Ocean with only 300,000 populations in a country. They had almost no contact and relationship with other countries within 1000 years. However, throughout the 1990s and early 2000s, Great changes had taken place in Iceland. The average Icelander became 300% wealthier from 2003 to 2006, and all three of Iceland’s major banks which are Kaupthing, Landsbanki and Glitnir had developed from tiny saving banks in the 1990s to becomeRead MoreGender, Gender And Gender Equality1391 Words   |  6 PagesThis essay will look at Gender discrimination in an Australian prospective with some overseas perspectives overlapping this essay will look at gender deference’s in pay in Australia and discuss the ideas and arguments surrounding gender equality in the work place. Gender equity in work place is still a heavily understudied in Australia and as is more or less worldwide. In Australia a country of so called â€Å"equalit y† which is still, even in the 21st century is an ambiguous and questionable ideal asRead MoreWhale Hunting Should Be Banned1074 Words   |  4 Pagesthought. The humpback whale only haves 20,000 left worldwide. Iceland is another little brother to Japan. They help by killing minke whales and fins. Iceland needs a total of 300 whales for absolute nothing. Have you noticed that this whole essay is mostly negative? That means I have more bad things about whaling then good things about whaling. Over 8,000 whales have been killed since 1986 only by Japan. Just imagine Norway and Iceland. They could have a total of 3,000 whales which means over 100

Forensics Report Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Forensics Report and Science. Answer: Forensics Report Forensics is the utilization of technology and science for investigation purposes to establish facts in a civil or criminal court. Digital forensics is a forensics science branch which compromises of the recovery and investigation of any material that can be found in digital devices. The information or data which is recovered is usually sourced from digital devices such as computers or the cloud. Digital forensics was a term used to refer to forensics operations that were performed on computers but it has been expanded to cover all the devices which store data. Digital forensics is usually used as evidence in civil or criminal cases. Digital forensics can also be used by the private sector while they perform intrusion investigations or internal corporate investigations. In digital forensics, the technical aspect in an investigation is usually divided into several branches. These branches include network forensics, computer forensics, mobile data forensics and forensic data analysis ( Reith, Carr Gunsch, 2002). In a typical forensics process the following procedure will occur. Seizure of the device, forensics imaging which is taking a copy of the data for analysis so that the device in question is not tampered with and finally analysis of the data with a report of the findings being presented. A digital forensics examiner is a professional who has been trained in the subject matter of digital forensics. We shall look at how a hard disk drive is examined by a digital forensics examiner. The best kind of evidence to use for forensics is the original evidence. It needs not to have been tampered with by any parties so that it can yield accurate results on the status and data that is contained within the hard disk drive. Evidence which is being analyzed should be acted upon on a verified copy rather than the original piece of hardware. When analyzing a verified copy it will protect the original piece of hardware from any accidents that might be caused during the analysis process, any kind of normal accidents such as pouring of liquids on the hard disk drive or tampering of the hard disk drive. If there is a verified copy it will allow for analysis and also it will ensure that if the original hardware is destroyed there is a verified copy which can be admissible in any investigations or court cases. A digital forensics examiner will be supplied with a hard disk drive which is seized from a suspect or the premises of a suspect. During seizure of the hard disk drive there should be a lot of caution to ensure that the drive is not harmed or tampered with in a way that might cause the data to be inadmissible or corrupted. After seizure of the drive it is given to the digital forensics examiner who makes an exact duplicate of the media. The sector level duplicate drive which will be created is usually made through the use of a write blocking device. Duplicating of the drive is known as acquisition or imaging and it can be done with the use of a software imaging tool or a hard drive duplicator (Adams, 2012). The imaging tools may include IXimager, FTK imager or TrueBack. The image which is to be acquired is usually verified by the use of MD5 or SHA-1 hash functions. Hashing is the process of verifying the image with a hash function to ensure the media or evidence is in its original state. Data validation is the process utilized in ensuring that a computer program is operating on correct, useful and clean data. In the data validation process there are routines such as check routines, validation rules or validation constraints which are present to check and establish the security, correctness and meaningf ulness of data which has been fed to a system. The rules which are used to ensure data validation is a success can be implemented by use of an explicit application program which utilizes validation logic or a data dictionary. When the hard disk drive is acquired the image files are looked into and analyzed for the purpose of identifying evidence which can support their hypothesis or go contrary to their hypothesis. The analysis also tries to find out where there are any signs of tampering which might lead to loss or hiding of data. The digital forensics examiner can recover material which can be used as evidence in a number of ways. They first use tools which enable them to recover data from the device being investigated on. The examiners can utilize tools such as FTK and EnCase to help them recover and view data that is on a hard disk drive (Carrier, 2001). The data that is recovered during a digital forensics process can vary depending on the type of investigation which is being undertaken. The data being recovered can include emails, images, documents and internet history. A digital forensics examiner with the use of specialized tools enables them to recover data from a hard disk drive at a more in dep th level. Apart from the normal saved files, they can be able to recover data from the operating system cache, metadata and even deleted data. This ensures that any kind of data even though it may have been deleted can be recovered by the examiner and used during an investigation. The techniques used by digital forensic examiners for recovery of evidence usually are done through methods such as keyword searching from an image file to pinpoint any data types or relevant information that match with what you may be looking for. A file such as a graphic image contain a set of bytes which are specific to it and help in identifying the end and beginning of a file. Through the use of these bytes a deleted file can be reconstructed so that the data which had been deleted can be viewed by the examiner and can be used as evidence in an investigation. Hash signatures are usually what forensic tools utilize to identify specific types of data in digital forensics. It enables the examiner to have an easier time searching for the kind of data they wish to achieve if they know what they are looking for. Steganography is the practice or process of hiding an image, file, video or message inside another video, image, message or file. Steganography is used when an individual does not want some information to be identified by other people unless he or she wants them to. In steganography the hidden information is disguised or placed to look as part of the original information (Fridrich, Goljan Soukal, 2004). Steganography as compared to cryptography does not attract a lot of attention because information is displayed in plain sight to look as part of a whole. A good example of steganography is the use of invisible ink in-between the lines of a private letter which is visible. Steganography mainly is comprised of concealing a message and its content. In a hard disk drive steganography can be used to conceal information inside computer files. Media files have been identified as very key elements in the use of steganography because of their large sizes. After recovered data is analyzed conclusions are drawn from it which are recorded in the forensics report. The reports and conclusions which are presented by digital forensics examiners need to be based on the d ata they acquired and their expert knowledge in the field of digital forensics. Electronic discovery which is also known as e discovery is the process of finding information in legal proceedings which include government investigations, Freedom of Information Act or litigation requests where information is searched for and presented in an electronic format. Information which is in an electrical format is deemed as different when compared to paper or hard copy information because of its persistence, intangible form, transience and volume. Electronic information usually has metadata which is an attribute that is not present in paper information. Metadata can be a key factor especially in digital forensics because it provides the time and date in which a document was created. This kind of information is very hard to get from paper information unless it is specifically included. Paper information can also include a time and date but it might be present to deter a case or proceedings in a case. Metadata is more accurate and reliable because it will always be recorded and input from a systems or computers time and date which is usually accurate and automatically updated. Preserving of metadata which is present in electronic documents prevents spoilage by creating special challenges. Electronic discovery plays a key role in cases or investigations which rely on digital forensics in providing crucial evidence. When data is discovered it can be presented as valid evidence in a case which can be crucial in ensuring a win or lose in the case proceedings. E- discovery should be treated as a crucial element in digital forensics as it plays a big role in ensuring the needed information from the investigations is achieved. Reporting and presentation is usually the last step in any digital forensics process. It is the process in which the digital examiner presents his or her findings and explains them to the needed individuals in a very simple manner as to what they found. Digital forensics can be a complex procedure and the terms used by technical professionals can easily be confusing or misunderstood. It is therefore very important that the report presented by the digital forensics examiner be very clear and concise for the purpose of ensuring that individuals who read it understand what exactly the digital forensics examiner discovered. Reports from a digital forensics investigation need to be presented in a form which is easily understood by non-technical persons. Reports from digital forensics investigations may also include meta documentation and audit information (Horenbeeck, 2006). The report usually details all the steps and procedures in which the digital forensics examiner took during the ana lysis of the hard disk drive. The procedures need to be appropriate and evaluated to ensure that the whole process was done professionally for it to yield credible results which can be used in court. The digital forensics report is usually presented to the people in charge of the case or the individuals who commissioned the forensics examiner to perform their job. The individuals who receive the report such as lawyers in court will examine it and determine whether it can be critical and viable evidence to use in court. The evidence can be presented in court through a written report and accompanying digital media which can give the court more information on the digital examiners findings. The report is very important because it will contain the information needed to be used in court or in an investigation as evidence. It should therefore reflect the findings from the digital forensics examiner and should be written in a professional format. From the analysis and undertaking of commencing a digital forensics investigation on a hard disk drive we can identify that the process requires a skilled individual in the field for it to be effective and achieve viable results which can be used in court. The digital examiner needs to be someone who is experienced and non-bias to ensure that the report in which he or she comes up with is viable and can be relied upon as concrete evidence. With technology being used in more fields every day even in causing crimes it is deemed fit to have digital forensics experts who are able to derive information from digital media for the purpose of presenting it as evidence in a case (Eoghan, 2004). The tools and equipment utilized in digital forensics vary depending on the case and hardware in question. It is therefore important for the digital forensics examiner to always have the necessary equipment which will place them in a strategic position to accurately perform their task and retrieve the required data during a forensics investigation. It is therefore very important to ensure the whole digital forensics process is carried out by a professional and that the report which is prepared is accurate based on the investigations and can be easily understood by non-technical individuals. References Adams R. (2012). The Advanced Data Acquisition Model (ADAM): A process model for digital forensic practice. Carrier B. (2001). Defining digital forensic examination and analysis tools. Digital Research Workshop II. Eoghan C. (2004). Digital Evidence and Computer Crime. Second Edition. Elsevier. Fridrich J., Goljan M. Soukal D. (2004). Searching for the Stego Key. Proc. SPIE, Electronic Imaging, Security, Steganography and Watermarking of Multimedia Contents. VI. 5306: 70 82. Horenbeeck M. (2006). Technology Crime Investigation. Reith M., Carr C. Gunsch G. (2002). An examination of digital forensic models. International Journal of Digital Evidence.

US Supreme Court Essays - Legal Professions,

US Supreme Court The Supreme Court is the highest governing body that is known to us as the people of the United States of America. In the 1998-99 term, the Supreme Court is slated to hear cases on subjects as diverse as business monopolies, labor unions, health insurers, initiative petitions and due process. The justices will also revisit the issue of sexual harassment. The following will just be an overview of how the Supreme Court operates. I will try to point out many things throughout the course of this paper. The first points I will try to show is who the notable past judges were and what major roles they had in our society. Next, I will move into the justices of today and try to give a brief overview of them. Then I will move into the courts specifically. I will try to show how the courts work, how the justices go about choosing cases, hearing arguments, and making decisions. Lastly, I will give an overview of some of the most historic cases that have been heard by the United States Supreme Court and their decisions. As a result, all of these factors considered should help to give a better understanding of the Supreme Court and how it functions. Since the Supreme Court's inception in 1789, 108 justices have served on it. There have been 16 chief justices. Several members of the court became great figures in history or were distinguished for contributions beyond their court service. There are four chief justices that have helped shape the course of the American judiciary system and the nation's overall progress. John Marshall, who served as chief justice from 1801-1835, was probably the most influential chief justice to serve. Often called the great chief justice, Marshall was instrumental in establishing the court's authority in the national government. During his tenure, the court began issuing single, majority opinions, enabling it to speak with a more definitive, unified voice. Rulings over this era bolstered federal power over states. Marshall wrote the 1803 decision in Marbury versus Madison, which established judicial review of laws, passed by Congress. Next, was Charles Evans Hughes who served as associate justice 1910-1916 and chief justice 1930-1941. He presided over the court during the Great Depression and the New Deal era. Next, was William Howard Taft, who served as chief justice 1921-1930. He was the only person to serve as President from 1909-1913 and as chief justice. President William G. Harding appointed Taft chief justice. He successfully pressed Congress to pass laws that gave the court almost unlimited discretion to decide which cases it will hear. Lastly was Earl Warren, who served as chief justice from 1953-1969. This is another man that people would really recognize because of his affiliation to the FBI. Warren, a former California governor, was appointed by Republican President Eisenhower, and took a decidedly liberal course in a socially stormy era. His legacy includes decisions forbidding school segregation, fair mapping of voting districts, and enhancing rights of defendants in criminal trials. Just a couple of small things to add on an aside note are the first African-American chief justice was Thurgood Marshall, who served from 1967-1991, and the first female chief justice was Sandra Day O'Connor, who has served from1981-present. Next I would just like to rundown the list of current justices that will be hearing cases for this term. Note that I will try to list the current justices in their order of their seniority, who they were appointed by, and what year they were appointed. The top dog, also known as the chief justice, is William H. Rehnquist, who was appointed associate justice by President Richard M. Nixon in 1971 and was later elevated to chief justice by President Ronald Reagan in 1986. The next justice is John Paul Stevens, appointed by President Gerald R. Ford in 1975. Next is Sandra Day O'Connor appointed by President Reagan in1981. Antonin Scalia was appointed by President Reagan also in 1986. The next justice in line would be Anthony M. Kennedy who was appointed by President Reagan in 1988. The next justice up the ladder is David Souter who was appointed justice by President George Bush in 1990. The next justice is probably the most controversial figure on the star panel. Clarence Thomas was appointed justice by President Bush in 1991. The two newest justices have recently been appointed by President Bill Clinton. Ruth Bader Ginsburg was appointed in 1993 and Steven G. Breyer was appointed in 1994. This is the team that will be overseeing the