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Pages:
2 pages/≈550 words
Sources:
3 Sources
Level:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
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Topic:

Safe Schools Act (Essay Sample)

Instructions:

Conduct internet research for the following case: United States v. Lopez (1995) in regards to the Safe Schools Act

source..
Content:

Safe Schools Act
Name
Institution
Safe Schools Act
The safe school act was implemented to amend the elementary and secondary school act (ESEA) requiring that the schools in the country that are receiving the ESEA funds to adopt the codes that deter bulling and harassment in schools. The issues that led to the amendment of the Act include the basis on gender, race, color, disability among others. The law demanded that the states submit a report data on bullying and harassment to the “Department of Education” that will then forward a report on the state analyzed data to the Congress after every two years. In this study, the discussion will be based on research in the United States vs. Lopez (1995) concerning the safe school act evaluating the ethical issues related to them.
The safe school policy is known to prohibit the carrying of the firearm in whichever area that may be referred to as school zone mainly to protect the school from the gun-related offenses and crime. The act was primarily passed as a part of the crime control act but was challenged claiming that it was an unconstitutional move by the Congress to the commerce policy on the constitution of the United States. In the United States vs. Lopez, the courts banned the laws claiming that it did not regulate any commercial nor interstate activity. The Congress was later seen re-enacting the law in 1996 after amending the errors that were identified by the Supreme Court in the Lopez as a violation of the commerce policy. Under the law, the school districts that received the help from the state educational agency financially are expected to provide certain information to the state agency annually. The safe school act is thus seen to be an ethical move towards the safety of the students and the schools resources that would have been at risk were it not for the law (Kim & Hewitt, 2010).
On the case regarding the united states vs. Wiley Block Tait, the courts might have lost the created an ethical problem due to the precedence. According to the safe school acts, nobody is expected to be in possession of a firearm in the gun-free school zone. After making attempts to charge Tait with this felony, the courts dismisses the case after Tait files a motion claiming that the exceptions of the law supported his possession of firearms (Copson, 2015). The courts in his case contradicted the safe school acts and created an ethical problem where it was not known on which side the court was. Not the school and not Tait. In another case involving the US vs. Phinehas Weeks, the court as well displayed acts of promoting ethical problems by their decisions. According to the disclaimer in the case, the dockets and the case filings gave a public litigation records retrieved from the federal appellate and the district courts. The findings and the dockets sheets were not to be cons...
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