Discipline in the Public School

Assignment 1: Discipline in the Public Schools Patricia Williams Dr. Sonya S. Shepherd EDU 520 Education and the Law July 22, 2012 Every child and young person has a right to an education. Along with those rights students, have the responsibilities to follow rules. If rules get broken schools can impose punishments to try to correct the behaviors from happening again. Schools must let the students be able to voice their opinions on whether the punishment is fair.The purpose of this paper is to examine three (3) current rulings about different types of discipline in public schools. Next summarize the cases and the court’s decision for each case. Finally give an opinion whether for or against the court’s decision and justify the position. Bethel School District No. 403 v. Fraser Michael Fraser a student at Bethel High School made a speech in front of an assembly that was considered to be lewd. In reaction to the speech, he was suspended from school. Michael Fraser brought suit against the school in a U. S. istrict court, claiming that his First Amendment right to freedom of speech had been violated. (Essex p. 51, 2012) The Supreme Court said Bethel High School officials in Washington did not violate the First Amendment by punishing Matthew Fraser for a campaign speech that was considered lewd. Both of the lower courts had ruled for Fraser because there was no disruption following the speech given in the school auditorium. Because it was a school sponsored activity, the Supreme Court said school officials had the right to punish the risque content of his speech.While students are afforded the First Amendment freedoms of speech and expression, they are still answerable for their actions when they are offensive to others. Matthew Fraser's behavior was disruptive to the educational process. Fraser was in a public high school and at a school-sponsored activity. He was under the authority of the school, not standing on a street corner. Schools must have t he authority to guide young people into healthy and acceptable social forms of expression.Speech is limited even for adults, and no one can claim that high school students are adults. Fraser was not punished for the political nature of his speech, but rather for its sexual innuendo and obscenity. Hermitage School District v. Layshock In December 2005, Justin Layshock and three other high school students created fake MySpace profiles for their principal, Eric Trosch. The profiles included an official school portrait of Trosch and answers to the website's template questions for creating a profile.Many of the answers were derogatory and sexually explicit. One profile indicated that Trosch's favorite movie was a pornographic film. Another indicated that Trosch liked to have sex with students and brutalize women. A third said that he kept a keg of beer at his desk at school, was on steroids, and smoked marijuana. School officials discovered the profile, and the school district suspended Layshock for 10 days, ordered him to finish high school in an Alternative Education Program, and forbid him from attending graduation.In Layshock, the court ruled for Justin Layshock, who was a 17-year-old senior when he created a MySpace profile portraying his principal as a big drinker, a smoker of a ‘big blunt† and a â€Å"big steroid freak. † The school had suspended Layshock, placed him in an alternative education program, despite his classification as a gifted student, and barred him from extracurricular activities. (ABA Journal)After the school district disciplined Layshock, he brought a federal lawsuit claiming that the school's punishment violated his First Amendment rights.In July 2007, the district court granted summary judgment to Layshock on his claim that that the school's punishment violated his First Amendment rights. The only school resource which Justin even arguably involved in creating the web parody was a photograph available to the public on the school's website which the student cut and pasted into his website. I think Justin's behavior did not cause disruption in the school, because a school district does not have the authority to reach outside the schoolhouse to control student behavior.Justin’s actions were not related to any school sponsored event. Morse v. Frederick Joseph Frederick, a senior at Juneau-Douglas High School, unfurled a banner saying â€Å"Bong Hits 4 Jesus† during the Olympic Torch Relay through Juneau, Alaska on January 24, 2002. (Education and the Law Journal, p. 57) Frederick's attendance at the event was part of a school-supervised activity. The school's principal, Deborah Morse, told Frederick to put away the banner, as she was concerned it could be interpreted as advocating illegal drug activity. After Frederick refused to comply, she took the banner from him.Frederick originally was suspended from school for 10 days for violating school policy, which forbids advocating the use o f illegal drugs. The U. S. District Court for the District of Alaska ruled for Morse, saying that Frederick's action was not protected by the First Amendment. The U. S. Court of Appeals for the Ninth Circuit reversed and held that Frederick's banner was constitutionally protected. In this case the principle jumped the gun and assumed that the word bong was referencing drugs and I think it did not. Fredrick even stated that that was words to try to get the television station to see their banner and a way to get on TV.I think he was telling the truth about wanting to be seen on TV because crazy teenagers will say and do just about anything to be on TV so they can brag to their friends just to say they were on TV. I think that if all these cases were up to date, that they will re-evaluate the rulings now because you have so many people committing suicide over the words that people are saying whether it is on the internet or at their school. It is a shame that you do have people that ar e doing cyber bullying and you cannot be sure of how the victims react, because they may retaliate.The world is forever changing and the words are being recognized as being hurtful. References ABAJournal. com: â€Å"Students Disciplined for Fake MySpace Profiles of Principals Get 3rd Circuit Rehearing† Cooper, Madeleine Arsenault. BONG HiTS 4 JESUS . . . IN CANADA? The Implications of Morse v. Frederick for Student Free Speech in the United States and Canada, Education ; Law Journal, Volume 18, Number 1, July 2008, 57. Essex, E. L. School Law and the Public Schools: A Practical Guide for Educational Leaders. 5th ed. Boston MA: Allyn and Bacon, 2012.

Eight Amendment of the U.S. Constitution - Freedom from Cruel and Research Paper

Eight Amendment of the U.S. Constitution - Freedom from Cruel and unusual Punishment - Research Paper Example The cruel and usual punishment case laws and statutes have helped to define our current application of the law with respect to the 8th amendment. George Cole (2006) emphasized cruel and unusual punishment includes death penalty, torture, inhuman and degrading punishment, and excessive fines and excessive deprivations. Such punishment is unpopular because it unnecessarily imposes excessive torment or embarrassment on the convicted criminals. Historically, the law makers of the English Bill of rights if 1689 coined the words cruel and usual punishment in its crafting of the English version of the bill of rights. William Schabas (2008) states the United Nations General Assembly included in its international bill of rights the phrase â€Å"No one shall be subjected to torture or to cruel, inhumn or degrading treatment or punishment† in Article 5 of its Universal Declaration of Human Rights in 1948. Following suit, the United States included the same provisions in it 1787 Amendment to the United States Constitution. In 2008, Greg Roza (2011) reiterated the United States Supreme Court ruled that cruel and usual punishment wa s meted by American soldiers when they use waterboarding to torture the Guantanamo Bay prisoners. Likewise, the American soldiers mistreated and forced the prisoners to participate in humiliating activities. According to the Eight Amendment, the law preventing the implementation of cruel and unusual punishment was enforced to eliminate prior methods of punishments classified as cruel and unusual. For example, impalement was form of cruel and unusual punishment becauese the punishers should pierce the person’s body with a long killing tool. Here, the person would suffer a painful and slow death. This type of European and Asian punishment was popular during the time of Ivan the Terrible. Other forms of cruel and unusual punishment included drawing and quartering, embowelling alive, public dissecting, beheading, and burning alive [Wilkerson V. Utah, 99 U.S. 130, 135 (1878)]. The courts allowed electrocution to be excempt from the list of cruel and unusual punishment [In re Kemmler, 136 U.S. 436 (1890)]. Complaints about cruel and unusual punishment had been voiced in 1789. Back then, the bill rights proponents included the fight to eliminate cruel and unusual punishment. This is fou nd in the Annals of Congress 754 (1789). English history laid the path to the inclusion of the â€Å"cruel and unsual punishment† clause in its 1689 bill of rights. This is shown in E.g., 2 J. Elliot, The Debates in the Several State Conventions on the Adoption of the Constitution 111 (2d ed 1836); 3 id.at 447 -52 (Ref: http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1). Likewise, the Supreme Court rulings include Granucci, â€Å"Nor Cruel and Unusual Punishments Inflicted†: The Original Meaning, 57 Calif. L. Rev. 839 (1969). The term without proportionality had been used by the Court in the case Weems v. United States, 217 U.S. 349 (1910). Greg Roensch (Roensch, 2007) agrees it is vague that the ``unusual'' can be included under the term cruelty Furman v. Georgia, 408 U.S. 238, 276 n.20 (1972) ( with Justice Brennan seeing eye to eye)], even though it may be significant in Weems, 217 U.S. at 377, and in Trop v. Dulles, 356 U.S. 86, 100 n. 32 (1958) (plurality opinion), and it was significant in the case of Harmelin v. Michigan, 501 U.S. 957, 994-95 (1991) (``severe, mandatory

Its a bit long so I explained it in order instructions Essay

Its a bit long so I explained it in order instructions - Essay Example And so is the case with the article, â€Å"Are Human Rights Universal?† by Shashi Tharoor. The first objection has its roots in the philosophical grounds, which claims that the world has been inhabited by different cultures since the time immemorial and it always has been the case that the values and the rights of a certain society have been in relevancy to the culture in which they exist; and so to simply rule out the underlying assumption of culture and impose universal charter of human rights would be a practical fiasco. Moreover, in many of the places other than the west, people are not generally granted the same kinds of rights – the reason being the cultural differences, for example, as mentioned by the author, the Confucian or the Vedic traditions where they consider duties to be more important than the rights; or the African societies, for that matter, where they deem the group rights have a preference over the individual rights and the decisions are made accordingly. Other than this, the author states that in many of the developing countries, certain rights which are taken for granted in the west are simply not suitable for the societies of the existing third world countries, giving the example of paid vacations. The article suggests that the developing countries might not be able to afford such rights as they lack the basic developed infrastructure for the acceptable western standard of life, particularly because of the lack of the economic development. Another objection against the conception of universal human rights has religious foundations, where the critics of this realm argue that unless a certain idea is founded upon the values of God, it cannot be universal, and so for them the universal human rights agenda has no such basics. Other than the stated oppositions against the universality of the human rights, some critics also give another interesting insight. According to them, the idea of

Discussion-WK4 Essay Example | Topics and Well Written Essays - 500 words

Discussion-WK4 - Essay Example His proposal approves that the solution works. He has also included an analysis of the plan and the possible results. Karen’s argument will absolutely suit her programs but will require the approval and consideration of others. She does everything to convince her boss that her idea is the best. She is not over confident that her idea will be approved and so she offers her idea put to test which is a good quality of a proposal. Proposal on nurse shortage has had a pre-test with reasons highlighted. It provides the reader with relevant facts making it meaningful and convincing. The thesis statements of the essays are effective because they assure the reader that the problems can be surely be solved effectively. Everything in the proposals has revolved around the problem and the effective ways to solve them. The opening paragraphs of the essays are effective since they have outlined the area of discussion in the essays. The reader can get the important information that is needed for the final decision. The ideas are not concealed between needless words. The points to be put across are to the point and clear. Generally, they have clearly stated the purpose of the proposal at the beginning. The closing sentences as expected should depart with a discussion resolved. The essays do not have repetition of sentences unless for words that requires emphasis. Request for schedule change has shorter paragraphs of one sentence each. The paragraphs are wordy and require reviewing. An example is the paragraph that proposes the schedule the reasons for her proposal should have had each reason on each paragraph. This is the way everyone can understand your points. It also makes the proposal look perfect and attractive irrespective of the content (Trimble,

Critically examine the progress made in the equitable employees since Essay - 1

Critically examine the progress made in the equitable employees since 1968 makes links to the business and organisation - Essay Example e business of extensive number of labourers under the state of poor bargaining force at individual level, the development of trade union got to be fundamental. A consistent relationship of compensation workers with the end goal of keeping up and enhancing the state of their working lives. A nonstop long haul relationship of representatives framed and kept up for the particular reason for progressing and ensuring the hobbies of individuals in their working relationship. Since 1968, human resources management has revolved to apply two main forms of management techniques. They are soft management and hard management of staff techniques. Soft management includes offering the staff training and development opportunities, internal promotions, adopting development of appraisal systems, factoring in consultation and empowerment towards employees and using a flat organisational structure According to Jackson, Schuler & Werner (2012), at the time of hiring, no employee is perfect fit for the job they are entitled to perform. This causes the need to conduct training for the new employees in order to increase their effectiveness in performance. This is a form of soft management that makes the employees equally comfortable to carry out their duties and feel more productive at their work station. Prior to 1968, staff training was not considered an opportunity to increase the businesses return on investment. However, this leads to improved profitability and/or more positive attitudes toward profits orientation, improves the job knowledge and skills at all levels of the organization, improves the morale of the workforce, helps people identify with organizational goals and helps create a better corporate image. Each organization needs to indicate its strategy with respect to advancement of its corporate arrangement. According to Rothwell (2010), organizations resort to staff promotions with a perspective to accomplish the following purposes: To meet the hierarchical necessities

Criminal Justice Assignment Example | Topics and Well Written Essays - 500 words

Criminal Justice - Assignment Example This essay argues that while both conflict and consensus are existent in the United States, the country tends towards the conflict perspective. While both formulations of these perspectives are problematic, the consensus perspective has seemingly overly optimistic slant. In essence, it’s arguing that the law functions outside of undue influence, in a completely equitable means of agreed upon functions. It seems this view completely ignores things, such as the overwhelming privileged inherent in attending law school, or that becoming a judge requires significant political acumen. While it acknowledges that there are diverse and competing interests within a cultural framework, it assumes that the social structure exists outside of them, created through some metaphysical objectivity; this is logically inconsistent, as it fails to take into account that the very people who constructed the legal system were influenced by these same pernicious motivations. Even so, most citizens and scholars recognize some truth to the consensus model. While the Supreme Court structure in American society is understood to be highly reliant on the personal backgrounds of the individual justices, society has objectively accounted for this and openly negotiates how personal bias will be used towards equitable means. While this may be a highly reductionist take on the process of law, as a conflict argument would be that even the democratic voting process is indicative of oppressive power structures, in these instances there is at least the social movement towards equitable democratic consensus. Conversely, the conflict paradigm aligns the social structure as a means for powerful entities to continue their social domination, and it is this perspective that is most predominant in the United States. Whereas the consensus perspective seems somewhat idealized, the conflict perspective is in contains a healthy

Professional Athletes Essay Example for Free

Professional Athletes Essay Companies that use professional athlete have the right to use that endorsement at their discretion. This question is difficult to answer as a whole because there are so many factors that occur. When it comes to a contract or obligation the bylaws of such agreement can lend both parties to not fulfill the agreed terms. Most athletes are held to a standard that is based upon their role in their specific sport. The star or leader is usually held in higher regard than the 12th man on a team. With that said the argument for companies comes from a different perspective so its lends one to speak from both sides of the argument. I have to take the affirmative for the companies even though I believe in the marketability of the professional athlete. In the case of Micheal Phelps his ability to perform at a high level has led directly to the rebound of his image. Tiger Woods on the other had way more to lose at the time of his marital problems. In turn his on course performance has not been at the level in which we are use to seeing of him. He has no amassed the same fervor or attention for positivity as a Micheal Phelps. The bad play on the course as not lifted the stain of all the negative press that he garnered. Had he been even more successful on his playing field he more than likely would have been able to get companies to get back on the Tiger train. Companies, tend to use athletes that match their persona, the bigger the name the bigger the company. Image is so important to what a company is trying to convey about its product and service. Most companies have their values listed somewhere near their corporate profile. The two have to match. The values of a company must meet the value that is percieved the by the value of the product. The best and most current case of this is with Lance Armstrong, his Livestrong Foundation and Nike have distances themselves from Lance. He was a very visible and outspoken spokesman, he had a following  that added to his legend on an almost daily basis. The findings that there was unanimous evidence that he was using PEDs (Performance Enhancing Drugs) to win in his sport was detrimental to not only his incredibility but it clings to a company like Nike being a company built on the athletic prowess of athletes from a varied amount of sports. So as a company what do you do? You have no choice but to cut ties with this athlete not just because he lied but the implication can be made that Nike and its athletes also lie and use PEDs. You cant blame a company from wanting to distance its brand from that of a liar and cheater. In a different effect the Livestrong Foundation has a separate delimma to look at aside from the moral issue. They have a financial conundrum that affect the legacy of what Lance did for cancer and cancer research. The livestrong bands that are so popular in our community, were marketed to people on the basis that the proceeds from the sale of the bands go to the fight against cancer. People that associate Lances image struggle with his Foundation have become outraged. Here it is, this â€Å"winner† who was at the pinnacle of his sport lied on top of lying he cheated. He used his acclaim and sickness to capitalize on a disease and in turn not only made money for the foundation but also lined his pocket. The only recourse it seems the foundation had to take is to severe ties. Companies have a obligation to their shareholders, They have a obligation to their employees as well. The obligation to the shareholders and employees comes in the form of profit and money. Imagine if your brand is built on honesty and integrity. Your marketing and advertising say you are honest but your commercials have a Tiger Woods or Lance Armstrong there is a clear distinction that these two athletes have had trouble with honesty. The audience can then place your brand with dishonesty which can lead to losing business. As a bottom line all companies want to make money. You tend not to do things on a consistent level that contradict the reason why most businesses go into business, to make money! Performance is also a factor in whether a company will give an endorsement to an athletes. We are a culture that tends to use the what have you done for me lately concept when it comes to our professional athlete. Businesses also use this practice to capitalize  on the success and marketability of an athlete. If there was a ethical issue the easiest way for that athlete to get the endorsements back or to gain new is to win. Winning is the cure for any image problems because it covers up the moral and places emphasis on the practical. In the case of Peyton Manning, Buick comes to mind. He did not play in the NFL in the 2011 season. He suffered tremendous neck injuries that put his playing future in jeopardy. He lost several endorsement deals not because he had a moral issue, in fact he is one of the top professional athletes in the world when it comes to image. In 2012 he was picked up but another team and that team has been success, Buick looking for a spokesman to embody the brand of Buick they went with Manning. He was not high on their list they dropped Tiger and needed to find a spokesman that matched the brand. Companies have to make the decision to drop or keep an athlete based on so many factors. The need to satisfy the bottom line and the customer is always a hard task. The hardest part is picking the right spokesman that can push the brand, product or service. It is hard because these athletes have personal lives, these athletes are human, they make decisions at times without thinking about what company has paid them to speak about their product. The company has to make sure that they include language in the contract that can help the athlete make inclusive decisions. The moral clause is always a good way for a company to protect itself from the damage that can happen when favorable decisions are not made by an individual. It is up to the athlete to make sure he wants to keep the money and fame that can come from being on commercials and in ads by Fortune 500 companies. I feel as though they do not think about the overall consequences of their actions or how it may affect their decisions. This is where the company comes in and can make up for that. Its egoism from both sides. A athlete can act unbecoming and lose it all but due to great performances he can redeem his career. While the company can extend a 2nd chance allowing the athlete to be in the public eye again. Its a line that both have control over but in the world of business and sport the lines are so often blurred. In the end the companies have the right to giveth and the right to taketh away.