McCullen v Coakley - Free Essay Example

Sample details Pages: 6 Words: 1808 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Topics: Crime Essay Did you like this example? Running Head: Case Opinion Analysis: Mccullen V. Coakley McCULLEN V. Coakley Case Opinion Analysis For the purpose of this paper I choose to place an opinion applet to the case of Supreme Court of the United States no. 12–1168. Eleanor McCULLEN, et al., petitioners v. Martha Coakley, attorney general of Massachusetts, et al .on writ of certiorari to the United States court of appeals for the first circuit argued on January 15, 2014 and decided June 26, 2014. Following an enactment of the legislature to regulate speech on designated areas on health facilities offering abortion. Holding: The Massachusetts law which makes it a crime to stand on a public road or sidewalk within thirty-five feet of a reproductive health care facility violates the First Amendment. The most important enquiry presented by this appeal is the tolerable extent to which the Massachusetts statute is at par with the constitution and whether the statute violates the First Amen dment with regards to the petitioners talking to the women in health facilities in the aim of talking them down not to take the abortion procedure Some of the those who stand outside Massachusetts abortion clinics are impartially described as protestors, who express their moral or religious antagonism to abortion through signs and chants or, in some cases, more aggressive methods such as head-on opposition. Petitioners take a different method. They try to engage women approaching the clinics in what they call â€Å"sidewalk counseling,† which involves offering information about alternatives to abortion and help taking those options. The Massachusetts statute confers it a crime to knowingly stand on a public way or sidewalk within 35 feet of an entrance or driveway to any place, other than a hospital, where abortions are performed. Mass. Gen. Laws, Ch. 266, 120E ½ (a), (b) (West 2012). The Petitioners are the entities who approach and talk to women outside such amenities, trying to discourage them from ta king the abortions. The statute inhibits petitioners from doing so near the facilities entrances. The epicenter of this case is based on the mass. Gen. Laws Ch. 266 120E  ½ (2007) the act. the pertinent provisions of the act are detailed in some detail in which the alleged persons are restricted from the public and sidewalks of reproductive health care amenities which are within the marked buffer zones which span 35 feet of any portion of the driveway entrance or exit or such an area created by extending the boundaries of the same locations to the point which there is intersection with the street sideline in front of such a driveway, entrance or exit. This act in the revision of 2000 however exempts the persons leaving or entering the indicated facilities, the employees and the agents of the facility, the law enforcement personnel, utility personnel firefighting ambulances and public works staff. It also exempts the people using the areas with the sole purpose of right of way to get to their destination. On 16th of January 2008 this action was brought against the Massachusetts attorney general in the federal district court with an allegation of a varied constitutional claims and invoking 42 U.S.C. 1983. The court separated the plaintiff’s facial challenge from their as applied challenge thus addressing the facial challenge and upholding the act. Following an appeal the court held that the act was a content neutral, valid and viewpoint neutral. The plaintiffs over breadth claim was rebuffed by citing the Hill v. Colorado 530 U.S 703(2000) from which the Supreme Court upheld a Colorado statue which controlled communicative activities within 100 feet of healthcare facility entrances. Finally, it was ruled that the Act did not constitute an unlawful prior restraint on protected speech. What remained then was the plaintiffs as applied challenge. As a threshold matter it invokes the case of doctrine counteratta cked the plaintiffs effort to reargue the facial constitutionality of the Act. Next, it allowed the defendants motion for judgment on the pleadings with regard to seven as-applied counts. Id. at 141-45. Resulting to whether the Act, as applied, constituted a valid time-place-manner directive, the court concluded that the only trial worthy subject concerned the suitability of alternative channels of communication at the affected facilities. Id. at 145. Following a bench trial, the court upheld the Act as applied. McCullen III, 844 F. Supp. 2d at 213-25. The essential or salient facts; In line with magistrate court holding the act on its face is constitutionally valid time place manner regulation .the court had a finding that the law of the case doctrine barred re litigation of the issue. The law of the case e doctrine constitutes of two branches which both apply in the case brought forward; one which embodies the mandate rule prevents re litigation in the trial court of matters that were explicitly or implicitly decided by an earlier appellate decision in the same case. United States v. Matthews, 643 F.3d 9, 13 (1st Cir. 2011) (internal quotation marks omitted). The second binds a successor appellate panel in a second appeal in the same case to honor fully the original decision. For certainty, the law of the case doctrine concedes of certain exceptions. But the conditions giving escalation to those exceptions are scarcely bounded: A party may avoid the application of the law of the case doctrine only by showing that, in the relevant time frame, controlling legal authority has changed dramatically; or by showing that significant new evidence, not earlier obtainable in the exercise of due diligence, has come to light; or by showing that the earlier decision is blatantly erroneous and, if uncorrected, will work a miscarriage of justice. Although the plaintiffs refer in desultory fashion to the third exception, they make no reference to the second exceptio n and their only claim pertains to the first exception. The plaintiffs base their claim on recent verdicts of the Supreme Court standing for the wholly unremarkable proposition that content-based and speaker-based speech restrictions are disfavored, Snyder v. Phelps, 131 S. Ct. 1207 (2011); Citizens United v. FEC, 130 S. Ct. 876 (2010). The propositions for which the plaintiffs quote the above cases are no more than conservative First Amendment principles declaimed by the Supreme Court in the setting of actual scenarios far different form the scenario presented by the issue at hand . The verdict on which the plaintiffs depend on most profoundly Citizens United — is symbolic of this point. Citizens United domineered Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990), which had held that corporate entities, with contrast to other speakers, could be forbidden from engaging in partisan speech. The plaintiffs contend that Citizens United proclaimed, at first, an umbrella ban on all speaker distinctions, whatever the situation. This unconditional ban, they say, should serve to invalidate the Act as a speaker-specific restriction. This is an imprecise interpretation of Citizens United. The Citizens United Court alleged that government cannot entirely forbid corporate political speech. In support, it raised the central principle laid out in First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), to the effect that the First Amendment does not permit political speech limitations based on a speakers corporate affiliation . Citizens United, 130 S. Ct. at 903. Going by fact, the act makes no such distinction. The plaintiffs, however, are undeterred. They seize upon a remote statement in Citizens United: Prohibited, too, are restrictions distinguishing among different speakers, allowing speech by some but not others.† But they tug this statement from its context and they neglect to mention that the Court cites Bellotti a case th at substantially precedes this proposition. It appears that The Courts dependence on Bellotti is not a mere chance. After all, the Citizens United Court pronounced its decision as a reappearance to classic First Amendment jurisprudence rather than a withdrawal therefrom. The Court did not withdrawal from its well-settled abortion clinic/buffer zone jurisprudence. Seen in this light, the court of appeal could not read Citizens United as undermining the First Amendment foundation on which our rejection of the plaintiffs facial challenge rested. With reference to the Snyder case, in which the Court held that the First Amendment excludes tort liability against persons who had peacefully remonstrated, on public property, at the funeral of a Marine. Snyder, 131 S. Ct. at 1213-14, 1220-21. For another time the Court did no more than refer to the long-recognized First Amendment principles. And while it restated the special status of public streets as the epitome of a customary public mee ting, it ensued to confirm that even public settings are subject to reasonable time-place-manner regulations. It is particularly telling that, in making this point, the Court referred explicitly to the abortion clinic buffer zone that it had upheld in Madsen. The plaintiffs dependence on Sorrell is similarly mislaid. The Sorrell Court overturned a Vermont law that regulated the sale, expose, and use of pharmacy records for marketing purposes. Sorrell, 131 S. Ct. at 2659. The law by fact was content-based and speaker-based, and had been endorsed with the avowed purpose of diminishing the efficiency of marketing by manufacturers of brand-name drugs. It is the courts holding that the Massachusetts law is one viewpoint neutral and that it does not discriminate on the basis of content. It treats the Massachusetts law like it bans all manner of speech within the stipulated buffer zones. While this law would be content neutral on its face, there are situations in which the law prohib iting all speech at a particular location would not be content neutral in fact. Suppose, for instance, that a facially content-neutral law is enacted for the purpose of suppressing speech on a particular topic. Such a law would not be content neutral. The bottom line is that, to be cognizable, a claim of uneven enforcement requires state action. The First Amendment is concerned with government interference, not private jousting in the speech marketplace. In this case, I don’t think it was possible to reach a ruling about the intentions of the Massachusetts Legislature without taking into account the fact that the law that the legislature enacted deliberately discriminates on the basis of a viewpoint. In light of this proposition, as well as the over breadth that the Court recognizes, it cannot be said, based on the current record, that the law would be content impartial even if the exemption for clinic employees and agents were excised. However, if the law were truly conte nt neutral, I would agree with the Court that the law would still be unconstitutional on the ground that it burdens more speech than is necessary to serve the Commonwealth’s asserted interests. References Bellotti v. Baird, 428 U.S. 132, 96 S. Ct. 2857, 49 L. Ed. 2d 844 (1976). Citizens United v. Federal Election Comn, 130 S. Ct. 876, 558 U.S. 310, 175 L. Ed. 2d 753 (2010). First Nat. Bank of Boston v. Bellotti, 435 U.S. 765, 98 S. Ct. 1407, 55 L. Ed. 2d 707 (1978). Lessig, L. (2000). Copyrights First Amendment. UCLA L. Rev., 48, 1057. McCullen v. Coakley, 571 F.3d 167 (1st Cir. 2009). Merkle, S. E. (2009). Snyder v. Phelps. SCL Rev., 61, 657. Mass. Gen. Laws, Ch. 266, 120E ½ (a), (b) (West 2012). Snyder v. Phelps, 131 S. Ct. 1207, 562 U.S. 09, 179 L. Ed. 2d 172 (2011). Don’t waste time! Our writers will create an original "McCullen v Coakley" essay for you Create order

The Problem Of Global Financial Crisis - 1122 Words

â€Å"Securitisation is the process whereby loans, receivables and other financial assets are pooled together, with their cash flows or economic values redirected support payments on related securities.† â€Å"Securitization first emerged in the 1970s with the sale of securities backed by residential mortIn the 21st century, economic problems have incurred an increasing number of people s attention as the economic develop rapidly, and these problems are usually caused by human themselves. For instance, the occurrence of Global Financial Crisis (GFC) in 2007 was induced by people themselves who expect that the economic level could be constantly maintained in the impractically high position, but there are lots of issues caused by such high level of economy. Even though the whole world economy is trying to recover from the Global Financial Crisis, but it still has some propagation effect to other countries until now. There are many factors could cause the Global Financial Crisi s, impractically high economic level is one reason that is mentioned previously, and another primary reason of Global Financial Crisis is the securitization. â€Å"Securitisation is the process whereby loans, receivables and other financial assets are pooled together, with their cash flows or economic values redirected support payments on related securities.† â€Å"Securitization first emerged in the 1970s with the sale of securities backed by residential mortgages†. 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Even if bailouts of banks by national governments prevented the collapse of major financial institutions, worldwide stock markets continued to drop. Evictions and foreclosures overwhelmed the housing market while severed unemployment embraced the labor market (Baily and Elliot, 2009). This global finan cial crisis was responsible for the decline in the consumers’ wealth, andRead MoreEric Helleiner of Understanding the 2007-2008 Global Financial Crisis: Lessons for Scholars of700 Words   |  3 PagesHelleiner of Understanding the 2007-2008 Global Financial Crisis: Lessons for Scholars of International Political Economy argues that the IPE scholars of the years leading into the financial crisis of 2007 failed to identify the negatives of international capital flows which in turn increased the United States financial bubble. Helleiner argues that IPE scholars could not have predicted the event precisely in regards to timing, but failed to observe obvious problems that came with amplified securitization

Summer Reading free essay sample

The Silver Kiss * Canyons Title: The Bronx Masquerade Author: Nikki Grimes Point of view: First Person Setting-Time and Place: Present Day, in theBronx, NY All Main Characters and Descriptions * Tyrone Bittings: Dad Died, doesn’t like white people. * Chankara Troupe: Abused by her boyfriend, writes very good poems. * Raul Ramirez: Painter, Writes a well-written Zorro Poem. * Diondra Jordan: Painter, father wants her to play basketball due to her height. * Devon Hope: Plays basketball, but his favorite secret pastime is reading. Lupe Algarin: Wants to have a baby, for someone to love her, and she never smiles. * Gloria Martinez: Had a baby (B, Angel) father abandoned them, and its hard work. * Janelle Battle: Smart, loves to read, chubby, and low self esteem. * Leslie Lucas: White, mom died, scared of black people, only friend is Porscha * Judianne Alexander: Abused by father, low self esteem, and she is jealous of Lupe. * Tanisha Scott: Light Skinned, Long Hair, â€Å"caramel cutie†. We will write a custom essay sample on Summer Reading or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Most people are jealous. * Sterling Hughes: â€Å"Preacher† Believes in God intensely and plays the guitar. Amy Moskowitz: Has no friends, is afraid of being hurt again since her mother died. * Sheila Gamboroni: Italian, Hates her blonde hair, wants her Africana name Natalia. * Steve Ericson: Wants to design sets on Broadway, is moving out of New York. * Raynard Patterson: Dyslexic doesn’t like to read, but poetry raised his self esteem. * Porscha Jackson: Everyone thinks she is violent b/c her mom abused her. Plot Summary: When a high school English teacher uses the method of a poetry slam to bring his students to the realization that they are all different and equal. That the color of their skin does not matter, its their knowledge, and prosperity that will take them places in life. Conflict: Each student wants something that a different student has. When they look at each other, they look at what they have on the outside, but they don’t really know what each other has deep down inside. They don’t know about each other’s personalities. They don’t think about how hard it might be to be them. Theme: (if there is one) To be comfortable in your own skin and persevere until you reach your goals. Title: The Silver Kiss Author: Annette Curtis Klause Point of View: Third Person Setting-Time and Place: 1990’s Chicago, Illinois All Characters and Descriptions * Zoe: (16) Black Hair, Grey Eyes, mom has cancer, dad stays with mom, BFF is Lorraine. * Lorraine: Zoe’s Best Friend. Moving to Oregon Soon. * Zoe’s Mom: Always in the hospital. Has bone cancer. * Zoe’s Dad: Is always busy with her mom, argues with Zoe a lot. * Simon: (300) Zoe’s â€Å"crush† who is also a vampire. * Christopher: Simon’s younger brother. Doesn’t like Zoe with Simon. Plot Summary: Zoe feels alone because her entire life is falling to pieces. Her mother is dying of cancer, her best friend is moving out of state and she barely ever talks to her dad anymore. But then one night she meets Simon, a vampire. She instantly falls in love with him. Then he reveals to her that he was changed to a vampire more than 300 years ago when he was sixteen when he was kidnapped by a linkboy that he followed home one night. Conflict: Simon wants to avenge his mother’s death by killing his little brother Christopher, who is also a vampire but is inside of a little boys body. Simon is too afraid to fight Christopher by himself because he is weak. But he thinks that Zoe can help him beat his brother. Theme: (if there is one) No matter what you are going through, someone else is going through something worse. Title: Canyons Author: Gary Paulson Point of View: First Person, Flashback Setting-Time and Place: 1860s and present day El Paso, Texas All Characters and Descriptions * Brennan Cole: Lives in El Paso, Texas with his mother. * Coyote Runs: An Apache boy who looks forward to manhood. He will have to survive a raid in order to be considered a man by his tribe and family. * Magpie: An Apache man that lent his pony to Coyote Runs to use during the raid. Sancta: The leader of the raid. * Bill: The pastor that Brennan’s Mother is dating. Plot Summary: Canyons is a story about two teenaged boys on a journey. One day when Brennan goes camping, he feels something poking him from beneath his sleeping bag. He unearths the pest to find that it is a human skull. Well part of it. He carefully examines it finding that the rear is missing and there is a bullet hole in the center of the forehead. He takes the skull to his former biology teacher Mr. Homesly. Mr. Homesly then uses his many connections in an effort to extract information pertaining to this find. When Mr. Holmesly received the information from his friend he called Brennan right over. Brennan stayed up the entire night reading through the boxes for information. After much research he found that the skull was almost 250 years old, and belonged to an apache boy, his age named Coyote Runs who went on a raid and didn’t survive. The police or the â€Å"bluebellies† shot him point blank in the forehead. His manhood was short lived. Conflict: Brennan finds a human skull on a camping trip and exercises all of the help he can get to find out who it belongs too and why it was there in the first place.

Primate Species Profile Essays - Colobine Monkeys, Douc,

Primate Species Profile Primate Species Profile Red-shanked Douc Langurs What are their names? Scientific name: Pygathrix nemaeus English name: Red-shanked douc langurs How are they classified? Order: Primata Family: Cercopithecidae Did you know..... - That Douc langurs are leaf-eating monkeys with long intestines and very large stomachs to get nutrients out of leaves. Leaves are difficult to digest, so therefore, the langurs spend most of their time sleeping in order to properly digest them. They leaves they eat ferment inside them as part of their natural digestion, which releases bubbles of gas and causes them to burp! - Douc langurs have a specific playface in which the eyes are closed, exposing very pale blue eyelids. - The tails of Douc langurs are actually longer than their body. - Douc langur babies are very susceptible to the pet trade because they are so cute. Unfortunately most of these babies die due to lack of proper nutrients because their owners feed them only fruits - and they need many other nutrients for a balanced, healthy diet. Where do they live? Douc langurs are found most frequently in primary evergreen forests of Vietnam and Laos (also in Cambodia), at around 300-2000 meters elevation. Recent fieldwork has demonstrated that although douc lagurs were once thought to have a restricted habitat, they are actually found in a variety of habitats. While douc langur monkeys are restricted to wooded areas, they occur in a variety of forest types. Populations of doucs have been located from both monsoon forests as well as rainforests and include: semi-evergreen, lowland lower montane and upper montane forest types. What are their general characteristics? Description: Douc langurs appear as if dressed in costume. They have grey-black underparts, and the upper part of the leg is also black, and finally continuing down the knee and below are orange-red. Cheeks and throat are white, and the hands, feet, brow, and shoulders are a contrasting black. The tail, forearms, and genital region are also white. There is no sexual dimorphism in the size of douc langurs, and the size ranges are the following: the body length ranges from 23.1-23.5 inches, the tail length ranges from 23.5-26.8 inches, and their weights range from 18.1-24.0 lbs. Diet: Douc langurs are vegetarians, getting adequate protien and fluid by eating leaves, buds, fruit, and flowers. They eat 50 species of plant but no animals. At the zoo, the animals eat primate chow and various types of greens that they get in a rotating diet. That way the animals get to choose which type of green they want. The keepers at the zoo also like to include enrichment activities in the feeding process. This includes using puzzle feeders and having the animals fish their food out of the water (since they like to soak thier chow!). Mating and caring for young: Douc langurs live in multimale-multifemale groups with 2 females to one male. Allo-mothering is also common in captivity, which is the sharing of the infant with the other members of the group. Before mating, both genders give a sexual signal with the jaw forward, eyebrows raised and then lowered, and a head shake. Single mount and muliple mount matings have been reported. The gestation period is approximately 165-190 days, and a black-faced infant is born. Sexual maturity is reached at 48 months for a male and 60 months for a female, whose estrus cycle comes every 28- 30 days. Behavior: Red-Shanked douc langurs live in groups of usually 4-25 animals, but up to 40. They are dinural and arboreal animals, using the high canopy to locomote quadrupedally. They are visually dramatic as they travel - holding their arms outstretched above their heads to make spectacular 15-18 foot leaps from tree to tree. These animals rest more and have lower levels of aggression due to digestion, since they eat leaves and need to sleep often to digest. These animals are partially sympatric to the black-shanked douc langurs in Vietnam's central highlands. They vocalize by a low-pitched growl that is given as a threat, and also have a call that is short and harsh which is used as a distress signal. Longevity: They have been known to live up to 30 years in captivity. What is their conservation status in the wild? Douc langurs are one of the most endangered primates in the world. They are classified as endangered by the IUCN and the USDI and are on appendix 1 of the CITES. Bombing and defoliants during the Vietnam War destroyed most of the douc's habitat, from which they never fullly recovered.