Case Of Roe Versus Wade Homework Essay Sample

In 1973, the landmark case Roe vs Wade made it legal for a woman to have an abortion.  The decision to legalize abortion made it possible for a woman to choose her destiny.  The repercussions of this decision are such that even today the case of Roe vs Wade is often mentioned whenever the topic of abortion is discussed.  Another important and perhaps overlooked aspect of this decision is not so much the issue involved as the legal process.  As will be noted from a reading of the case, there has been no previous ruling on this issue.  The previous cases that were similar tackled different issues.  It was only in the case of Roe v Wade that the right of a woman to get an abortion was dealt with.

This is highlighted by the fact that since 1973, the only case that can be cited in other related cases and decisions is Roe v Wade.  The foremost case, as previously mentioned, is the case of Roe vs Wade, which was decided in 1973.  The case of Planned Parenthood of Southeastern Pennsylvania vs Casey is one of the more controversial cases in recent jurisprudential history owing to the fact that it tackled the equally controversial topic of abortion.  The basics of the case revolve on the Constitutionality of a number of regulations set by the State of Pennsylvania with regard to abortion.  It can be seen from this that without the ruling in Roe v Wade there is no other case law from which a legal basis can be made.  There are no stare decisis to use without Roe v Wade.

This is all the more clear in the fact that the issue in this case is hinged squarely on the right of a person to decide whether to bear or not to bear a child is intrinsically connected to the right of privacy that such cannot be violated without a close application of the Due Process requirements.  It was this decision that basically upheld the main tenets of the Roe case (Roe v. Wade, 410 U.S. 113 (1973).

“Because neither the factual underpinnings of Roe’s central holding nor our understanding of it has changed (and because no other indication of weakened precedent has been shown), the Court could not pretend to be reexamining the prior law with any justification beyond a present doctrinal disposition to come out differently from the Court of 1973 . (Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833)”

Therefore, it must be pointed out that while the Supreme Court was able to justify the use of previous cases and doctrines to support its decision, it does not fall on all fours with the ruling that was made.  In an effort to protect the rights of women, it used the guise of past law to create a new precedent.  It must be remembered that what makes Roe v Wade a landmark case is the fact that this case was sui generis.  There was no stare decisis that would be appropriate to support it.  It must also be remembered, however, that the American Courts are also Courts of Equity and as such are not bound by previous rulings but may change them according to the needs of the present.

Roe vs. Wade-January 22, 1973 is a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life. There are several admendments that this class action falls under. However ruling that declaratory, though not injuctive, relief was warranted, the court declared the abortion statues void as vague overbroadly infringing those plaintiffs’ Ninth and Fourteenth Amendment rights. State criminal abortion laws, except from criminality only a life-saving procedure on the mother’s behalf without regard to the stage of her pregnancy and other interests involved the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman’s qualified right to terminate her pregnancy.

www.womenshistory.about.com/library/etext/gov/bl_roe_a.htm

In my opinion the ruling back in 1973 was a ruling based on the women’s primary health of the pregnancy. Mainly a life-saving issue. Even though the 38 reaffirmations, could make this a “stare decisis.” It is a difficult ruling to keep this a settle law because of the personal views, religions and considerations for the amendments it seems to base the original ruling on, (life-saving).wc 187

            While the post certainly makes a valid point, it must be pointed out that the reaffirmations and previous doctrines have no application to the analysis of this case.  Stare Decisis is not wholly applicable to justify the ruling of the Supreme Court because this was neither an expansion nor an extension of previous doctrines.  The ruling in Roe v Wade, if analyzed in the context of the situation at that time, is essentially a novel issue and as such could find no suitable previous rulings.  In fact, even assuming that such was an expansion or extension of previous rulings related to life saving, it would still constitute a novel issue because it deals with an unborn child and that of a mother.

Role Component Paper

     Teachers have always been considered to be the major influential factors that will shape the future of a society. In their hands lie the very essence of equipping the younger generations of the tools that will make themselves competitive not only for their respective survival but also to contribute more to the social structures of the nation. In this manner, it is important that a teacher can clearly express his capacity to become a person who possesses professional development in his career. This simply equates to the fact that a teacher who has already developed his competence to teach will then be a very worthy asset of the society. What are the criterions that a professionally developed teacher needs to have?

Exemplary Character. A teacher who is to be evaluated for Professional Development should have the capacity to adhere to the educational institution’s rules and regulations. This simply projects a notion that the professional is able to comply with whatever the educational system predicts to be followed that will make the organization organized. Of course this does not only encompass the teacher’s adherence, he or she should also become a role model to help the students understand what the institution’s rules are and make sure that these rules are implemented. A teacher who is professionally developed has the ability to apply rules and regulations to him and to the students as the best role model (Medev, 2000).

Communicate Effectively. Another evaluation criterion that a professionally developed teacher should have is effective communication. It is pertinent that the teacher knows how to penetrate each and every student character in order to make them listen to him. Good communication skills enable the teacher to know the feedback of the students as well as make it easier for the students to understand what he needs them to do in order to run a systematic class for the whole academic year. Also, communication bridges the gaps between the teachers and the students which will then lead to better leaning experiences for the students. Teachers who can’t communicate well lose their appeal to the students therefore makes the latter uninterested (Patterson, 2009).

Knows his craft. A teacher who has achieved professional development should clearly know what he is teaching. This simply means that the teacher has already mastered the subjects and topics that the students need to learn. Apparently, there are still faculty’s members who are sometimes not really familiar with the lessons they are teaching to the class. If a teacher will teach chemistry for a subject, then he should be competitive enough to teach from the very basic periodic table of elements symbols to assisting students to conduct lab experiments about electrolysis.

Openness for More Improvement. A real professionally developed teacher does not get satisfied with his achievements. He should be of a character that is always open to suggestions for developing himself more. Suggestions and guidance from the school administration is always welcomed and thanked for. Also, the teacher must be very accommodating when it comes to negative feedback and should consider all of these as constructive criticisms.

Having an evaluation system that will measure the professional development of a teacher is an integral part to make an educational institution more efficient and achieve its goals. It is always clear that a teacher who is a role model to the students, communicates well, an expert in his profession and open-minded will achieve the best evaluation measures from the entire educational institution community.

References

The Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine, (2000). The good teacher is more than a lecturer: the twelve roles of the teacher. Retrieved February 15, 2009, from Medev Web site: http://www.medev.ac.uk/resources/features/AMEE_summaries/guide20_summary

Patterson, Gregory (2009). What makes for a good teacher?. Retrieved February 15, 2009, from Startribune Web site: http://www.startribune.com/politics/state/38838092.html?elr=KArks8c7PaP3E77K_3c::D3aDhUoaEaD_ec7PaP3iUiacyKUnciaec8O7EyUr

 

Role Model: Al Gore

The beginning of the 21st century is an era that marked with the issues that regarding climate change and its effects on the earth and humanity itself. In this note, one of the most noted personality because of this central issue is the former United States Vice President Al Gore. Ex- Vice President Albert Arnold Gore Jr. is former vice president and former presidential candidate, author, businessman and environmental activist (Cockburn & St. Clair 2000)

Al Gore’s most notable contribution in solving environmental challenges can be summarized in his most celebrated documentary and book entitled ‘An Inconvenient Truth’.  The documentary was first shown in the Sundance Film Festival New York and Los Angeles in 2006 wherein the film had been a major box office and success. The ‘An Inconvenient Truth’ is a documentary film about the campaign of Al Gore against climate change. It features a seminar/presentation of Al Gore in an audience wherein he presented scientific facts and discoveries to prove the existence of climate change and its drastic effects for the inhabitants of the earth. Of all his works in battling climate change this documentary film and the book with the same title can be regarded as the most important event and  key point of his vocation in saving the environment (An Inconvenient Truth 2006).

My justification for Al Gore being a model for the modern society lies on numerous reasons. First, he dedicated the last 30 years of his life in the discovery of the ongoing problem of climate change. As the problem was proven to exist, he dedicated much of his effort and resources in providing a solution. By possessing a political power both as a Senator and a Vice President, Al Gore used his power to spearhead numerous legislations and political actions to combat climate change. This includes his pioneering role in the Kyoto Protocol and Global Marshall Plan. He also chaired and built companies and organizations that can serve the same cause. This includes Generation Investment Management, Alliance for Climate Protection and We Campaign (Cockburn & St. Clair 2000). It is also important note that Gore’s environmental zeal is not limited in his public life. It is commonly cited that in his homes, Gore uses primarily renewable sources to power his homes. This is despite the great cost in this kind of transformation (Associated Press 2007).

            The values and actions of Al Gore are indeed respected and much worthy. Most of the people in the world today and this is not limited to the wealthy class are merely focusing in the moment and in the present up to the point that they are disregarding the how their present actions can affect the quality of their own life or their children’s life in the future. Al Gore as an important person in the society had  managed to open the eyes of the world that a problem exist and this problem is very important to be dealt with because failure to do so can spell disaster for each one of us. Surely, I will choose Al Gore as a role model with his zeal and passion to stand up in an arena wherein his beliefs are opposite of the crowd. Dedicating his power, health, effort and resources to combat climate change, Al Gore is surely a man that must be reckoned with in the list of our role models.

References

An Inconvenient Truth (2006) Guggenheim, D. (dir) Bender, L. et al.  Paramount Classics. DVD. Accessed 17 July 2010.

Associated Press (2007) Gore gets green kudos for home renovation: Solar and geothermal power used in 80-year-old mansion. MSNBC Environment. Web. Accessed 18 July 2010.

Cockburn, A & St. Clair, J. (2000) Al Gore: A User’s Manual. Verso. New York. Print. Accessed 18 July 2010.

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