Trials, litigation, etc

Model
Digital Document
Publisher
Florida Atlantic University
Description
The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.
Model
Digital Document
Publisher
Florida Atlantic University
Description
The presidential election of 2000 was not the first United States presidential election to end with uncertainty. The contest between George W. Bush and Al Gore was not the first to introduce Americans to disputed vote tallies in crucial swing states, to the possibility of separate and competing slates of potential electors, or even to the notion that one person's vote really might matter after all. History had already born witness to many of those prospects during the 1877 presidential race between Samuel Tilden and Rutherford B. Hayes, which Hayes ultimately won. The 2000 election was novel, however, in the sense that it inspired a series of legal battles that culminated in a landmark United States Supreme Court case. Bush v. Gore (531 U.S. 98) provoked questions concerning the legal meaning of equality, the nature of federalism, and the role the Supreme Court should play in determining how state courts should interpret state laws.