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THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS
Title
THE LASTING EFFECTS AND ANALYSIS OF THE SUPREME COURT'S DECISION IN: THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS V. SEBELIUS.
Creator
Esposito, Devin, Wood, Robert, University of Central Florida
Abstract / Description
The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper...
Show moreThe purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's analysis supporting its decision. The concurring and dissenting opinions of the other justices will be discussed to present the various viewpoints regarding the proper role of the federal government and the implications this case may have on federal/state conflict. The Supreme Court ruled in favor of the Department of Health and Human Services. The 5-4 decision was extremely close and the opinions given by each Justice highlighted the various flaws and benefits of the Act it was looking to uphold. Further research of Supreme Court cases in our country's history reveal the trend of augmenting and diminishing state's rights. This thesis will examine the constitutionality of the aforementioned decision, the effects it will have on each of the states within the United States, and the impact the citizens will experience.
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Date Issued
2013
Identifier
CFH0004372, ucf:45012
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004372
THE COST OF CONVENIENCE: THE EXTENT OF THE REASONABLE EXPECTATION OF PRIVACY IN THE INTERNET AGE
Title
THE COST OF CONVENIENCE: THE EXTENT OF THE REASONABLE EXPECTATION OF PRIVACY IN THE INTERNET AGE.
Creator
Karpf, Justin, Wood, Robert, University of Central Florida
Abstract / Description
Though the Internet and social media are fairly recent developments, the legal principles and issues embodied in them are well-represented in the Constitution. Take, for example, the freedom of expression enumerated in the First Amendment. Though traditionally in print, pamphlets, and film, recent developments in technology such as Facebook and blogs have become the new standard forms of communication. Like the physical mediums that arose before them, issues arise of what limits, if any,...
Show moreThough the Internet and social media are fairly recent developments, the legal principles and issues embodied in them are well-represented in the Constitution. Take, for example, the freedom of expression enumerated in the First Amendment. Though traditionally in print, pamphlets, and film, recent developments in technology such as Facebook and blogs have become the new standard forms of communication. Like the physical mediums that arose before them, issues arise of what limits, if any, should be placed on the speech. Given the guise of anonymity, people on the Internet have less accountability in the comments they make, which has led to things ranging from passionate political speech to what is known as cyber-bullying, which is online harassment that has led people to suicide. This thesis, however, will primarily focus on the Fourth Amendment's reasonable expectation of privacy. Because the information involved with the Internet and social media is digital, it is more difficult to identify when privacy has been breached. With a paper envelope, for example, one can tell if the seal was broken and the contents were potentially disclosed to an unwanted party. Electronically, however, no such seal exists to notify the sender or recipient of a communication. Furthermore, the Government has found itself under stricter scrutiny for searches with these new developments in technology; the lack of physical intrusion poses difficult questions for courts that must decide how far a reasonable expectation of privacy goes in the social media age. The thesis will also address how private companies obtain and use individuals' information through the services they provide and the issues that arise from them. Private companies have fewer restrictions than the Government, and both perspectives are important to keep in mind when trying to understand the policy implications rapid technological growth has brought about. The thesis will conclude by identifying issues that courts and legislatures will have to address in the coming years to adequately deliver justice in a dynamic society that is prone to powerful technological change.
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Date Issued
2013
Identifier
CFH0004399, ucf:44992
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004399
PROPAGANDA EXPOSED: A GLIMPSE INTO THE TRUTH OF HIDDEN AGENDAS
Title
PROPAGANDA EXPOSED: A GLIMPSE INTO THE TRUTH OF HIDDEN AGENDAS.
Creator
Park, Carolyn, Wood , Robert, University of Central Florida
Abstract / Description
Government propaganda has been a topic of interest since America was founded, and today is no exception. Every recent Presidential Administration has been accused of using taxpayer dollars to fund propaganda. Although the funding of propaganda has been prohibited by the Consolidated Appropriations Act since 1951, it still occurs frequently. There is no entity that reviews government correspondence before it is released to the public, so government agencies are free to produce what they feel...
Show moreGovernment propaganda has been a topic of interest since America was founded, and today is no exception. Every recent Presidential Administration has been accused of using taxpayer dollars to fund propaganda. Although the funding of propaganda has been prohibited by the Consolidated Appropriations Act since 1951, it still occurs frequently. There is no entity that reviews government correspondence before it is released to the public, so government agencies are free to produce what they feel is appropriate even if it is prohibited by the Act. Furthermore, there is no law that specifically forbids government propaganda, and the current punishments amount to a slap on the wrist making the production covert propaganda worth the risk. This thesis will also look at the Smith-Mundt Act and the media that it funds for foreign audiences. The material produced through this Act is banned from being disseminated in the U.S. The Smith-Mundt Act's ban does not take into account for the technological advances that have occurred since 1948 making the ban problematic for public diplomacy. The intent of this thesis is to evaluate the current state of government propaganda and determine what changes need to occur in order to curtail or eliminate government propaganda. This research will analyze the current laws and types of propaganda that are being used while taking into account the relevant history, frequently used types, and methods of propaganda.
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Date Issued
2012
Identifier
CFH0004238, ucf:44938
Format
Document (PDF)
PURL
http://purl.flvc.org/ucf/fd/CFH0004238