497 résultats pour "law"
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Fondements historiques du droit constitutionnel britannique TD
constitution, it retains sufficient flexibility to allow adaptation to suit the changing circumstances of society with minimum procedural restraints. Codified/uncodified are better description than written/unwritten to better distinguish the UK constitution from that of other countries because most of the UK constitution is written but has never been codified into one single document. Yet flexibility should not be unrestrained, that is to say an ability to evolve can be constrained by existi...
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Nathaniel Hawthorne The Scarlet Letter Essay
and her husband is supposed to meet her there. She finds comfort in the person of Minister Arthur Dimmesdale, and let herself be tempted by an act of passion, and love that gave birth to a « sinful » child. Then Hester has to carry the burden of her shame embodied in the Scarlet Letter, and in Pearl. Hester follows what we can call natural laws : Roger Prynne (aka Chillingworth) is described as old, deformed, and a man of science confine in his books, whereas Hester is young...
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Thermodynamics
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INTRODUCTION
Thermodynamics, field of physics that describes and correlates the physical properties of macroscopic systems of matter and energy.
Carnot EngineThe idealized Carnot engine was envisioned by the French physicist Nicolas Léonard Sadi Carnot, who lived during theearly 19th century. The Carnot engine is theoretically perfect, that is, it converts the maximum amount of energy intomechanical work. Carnot showed that the efficiency of any engine depends on the difference between the highest andlowest temperatures reached during one cycle. The greater the difference, the greater the efficiency. An automobileengine, for example, wou...
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Discrimination.
Throughout United States history many other groups have suffered racial or religious discrimination. Since Europeans first came to America, Native Americans havebeen forcibly deprived of their lands and denied civil rights. Congress enacted the Indian Civil Rights Act in 1968, and the federal courts have entertained a number ofsuits designed to restore to Native American tribes ancestral lands and hunting and fishing rights. Many religious groups, including Roman Catholics, Jews, and others,have...
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Federalism.
the Commerce Clause during the New Deal in the 1930s. The New Deal, which President Franklin Roosevelt created to confront the country’s economic depression,included laws affecting nearly every home and workplace. The Supreme Court upheld most of Roosevelt’s New Deal initiatives, including laws setting minimum standardsfor pay and working conditions, protecting labor unions, and regulating farm production. After World War II (1939-1945), national authority under the Commerce Clausecontinued to g...
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Domestic Violence.
socialization teaches boys and girls a belief system that devalues women—especially unmarried women—and creates a sense of female responsibility for themaintenance of the family. Women who believe that the end of a relationship or of a marriage represents a personal failure are less likely to leave abusive relationships. V TREATMENT AND PREVENTION A variety of programs and services, both for victims and offenders, exist to treat and prevent domestic violence. Since 1964, more than 1800 shelters...
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Supreme Court of Canada.
whether the leave to appeal will be granted and the case heard by the Court. The Court has no specified criteria by which it determines whether to grant leave, and the Court does not give reasons for its decision. The key factor appears to be acase’s degree of national importance. Other factors might include the impact of uncertainty in the challenged law, the case’s appropriateness for developing the law torespond to changing social needs, and the presence of a split decision at the court of ap...
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Encyclopedia of Philosophy: THE CHARACTER AND ORGANIZATION OF THE SCIENCES - COMTE
the different sciences, and their interrelations, we can improve the organization of scientific research. For newwork, especially that requiring several disciplines, will be suggested by various features of the general scheme andbe fitted into it appropriately. We shall not, for example, waste energy in grappling with topics such as psychologyfor which there is, and can be, no positive science. The other ground is that the scheme aids us to renovate oursystem of theoretical education; the st...
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Pornography.
censorship. Congress passed 20 obscenity laws between 1842 and 1956, most of which were variations of or amendments to the original Comstock Law. Later, Congress passed aseries of antipornography and anti-indecency laws dealing with new forms of technology and with the protection of children. The Protection of Children Against SexualExploitation Act of 1977 prohibits anyone from employing or inducing a minor to participate in sexual conduct or in the making of pornography. In 1988 Congresspassed...
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Constitution of Canada.
A2 Constitution Act of 1982 The Constitution Act of 1982 patriated Canada’s constitution, allowing Canadian lawmakers to amend the constitution without significant involvement by the United Kingdom. It also established procedures that made it somewhat easier to pass constitutional amendments. Before the act was passed, no amendments could be madewithout the unanimous consent of the provinces. The Constitution Act of 1982 established the so-called 7 and 50 rule, which allows amendments to the...
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Homosexuality.
that “the history of our nation has demonstrated that separate is seldom, if ever, equal,” in affirming that homosexuals are entitled to the same rights of marriage asheterosexuals. On May 17, 2004, same-sex marriages became legal in Massachusetts, and authorities there began to marry gay couples. State legislators pledged toamend the state constitution to ban gay marriage but allow civil unions. Such an amendment would require voter approval. A growing number of local governments and private co...
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Assisted Suicide.
regardless of the fairness of the procedures used (substantive due process). In the Glucksberg case, the Court indicated that the liberty interest protected by the 14th Amendment does not encompass the right to determine the timing and manner of one’s own death. The Court’s decision means that each state may determine whetheror not to prohibit or permit (and otherwise regulate) assisted suicide. In 2006 the Court upheld Oregon’s law permitting physician-assisted suicide. In a 6-to-3 decision,...
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Blackstone, William
traditional framework of legal thought, within which the common law was thought of as a body of remedies, and to systematize the law in terms of substantive rights. Even though English law might not reflect natural law with perfect accuracy, it was capable of systematic study to the extent that it did so reflect natural law. Thus he endeavours to expound English law in terms of a system of natural rights, and he draws on the writings of natural lawyers throughout the Commentaries (and not simp...
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Abortion.
Intact dilation and extraction, also referred to as a partial birth abortion, consists of partially removing the fetus from the uterus through the vaginal canal, feet first,and using suction to remove the brain and spinal fluid from the skull. The skull is then collapsed to allow complete removal of the fetus from the uterus. III SOCIAL AND ETHICAL ISSUES Abortion has become one of the most widely debated ethical issues of our time. On one side are pro-choice supporters—individuals who favor a...
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Isaac NewtonIINTRODUCTIONIsaac Newton (1642-1727), English physicist, mathematician, and natural philosopher, considered one of the most important scientists of all time.
B Calculus (Newton’s “Fluxional Method”) In 1669 Newton gave his Trinity mathematics professor Isaac Barrow an important manuscript, which is generally known by its shortened Latin title, De Analysi . This work contained many of Newton’s conclusions about calculus (what Newton called his “fluxional method”). Although the paper was not immediately published, Barrowmade its results known to several of the leading mathematicians of Britain and Europe. This paper established Newton as one of the...
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Isaac Newton.
B Calculus (Newton’s “Fluxional Method”) In 1669 Newton gave his Trinity mathematics professor Isaac Barrow an important manuscript, which is generally known by its shortened Latin title, De Analysi . This work contained many of Newton’s conclusions about calculus (what Newton called his “fluxional method”). Although the paper was not immediately published, Barrowmade its results known to several of the leading mathematicians of Britain and Europe. This paper established Newton as one of the t...
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Bill of Rights.
accused has the right to “confront”—that is, to cross-examine witnesses who testify against him or her at trial. Those accused also have a right to subpoena (compel)supporting witnesses to testify in court and to have a lawyer assist in their legal defense. G Seventh Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall beotherwise re-examined in any Court of the United Stat...
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Bill of Rights - U.
accused has the right to “confront”—that is, to cross-examine witnesses who testify against him or her at trial. Those accused also have a right to subpoena (compel)supporting witnesses to testify in court and to have a lawyer assist in their legal defense. G Seventh Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall beotherwise re-examined in any Court of the United Stat...
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Constitution of the United States.
chief executive should have the power to veto legislation, should be elected by Congress or the people, should be eligible to run for reelection, and should command thearmed forces. Some delegates even hoped for a limited monarchy. Not until September 8, more than three months after the convention started, did the final shape ofthe presidency emerge: a single leader, elected to a four-year term and eligible for reelection, with authority to veto bills enacted by Congress. The president was alsog...
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Constitution of the United States - U.
chief executive should have the power to veto legislation, should be elected by Congress or the people, should be eligible to run for reelection, and should command thearmed forces. Some delegates even hoped for a limited monarchy. Not until September 8, more than three months after the convention started, did the final shape ofthe presidency emerge: a single leader, elected to a four-year term and eligible for reelection, with authority to veto bills enacted by Congress. The president was alsog...
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Bill of Rights - history.
being indicted (formally accused) by a grand jury. Second, a criminal suspect may be prosecuted only once for each crime. If a jury acquits the accused person, there can beno retrial. Third, a person cannot be forced to testify against himself or herself in any criminal case. This is the right against self-incrimination. Fourth, the due process clausebars the government from arbitrarily depriving anyone of life, liberty, or property. Fifth, the government may not take anyone’s private property u...
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Physics
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INTRODUCTION
Physics, major science, dealing with the fundamental constituents of the universe, the forces they exert on one another, and the results produced by these forces.
Starting about 1665, at the age of 23, Newton enunciated the principles of mechanics, formulated the law of universal gravitation, separated white light into colors,proposed a theory for the propagation of light, and invented differential and integral calculus. Newton's contributions covered an enormous range of naturalphenomena: He was thus able to show that not only Kepler's laws of planetary motion but also Galileo's discoveries of falling bodies follow a combination of his ownsecond law of m...
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Segregation in the United States - U.
acts of discrimination. Writing for the court, Justice Joseph Bradley declared: “When a man has emerged from slavery, and by the aid of beneficent legislation ... theremust be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws, and when his rights as acitizen, or a man, are to be protected in the ordinary modes by which other men’s rights are protected.” Rather than being the “special favorites” of the law, blac...
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Women's Rights.
In 1840 Lucretia Mott and Elizabeth Cady Stanton traveled to London to attend the World Anti-Slavery Convention. Upon arrival, however, the women were barred fromparticipating in the conference and forced to sit behind a curtain. This experience of discrimination inspired them to organize the first women’s rights convention. Thisconvention met in Seneca Falls, New York, on July 19 and 20, 1848. The Seneca Falls Convention attracted more than 200 women and approximately 40 men. For theconvention,...
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Labor Unions in Canada - Canadian History.
job. Before collective bargaining begins, workers elect a bargaining committee. The bargaining committee determines the workers’ demands and strategy innegotiations with the employer. Local unions usually are part of national or international unions. These national and international unions employ a staff for organizing workers at the local level, doingresearch, educating union members about labor and political matters, and working with local union leaders. Unions hold regular conventions of dele...
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Library of Congress.
manuscripts, books, and films. The Digital Library’s eventual goal is to make available 80 million items from the Library of Congress’s collection that are not easilyavailable elsewhere. V ORGANIZATION AND FUNDING The librarian of Congress serves as the director of the institution. Tradition, politics, and strong personalities have shaped the function of this office. Although the Libraryof Congress was established in 1800, the office of librarian was not created until passage of a law in 1802....
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From McCulloch v.
our system shall exist. In discussing these questions, the conflicting powers of the General and State Governments must be brought into view, and the supremacy oftheir respective laws, when they are in opposition, must be settled. If any one proposition could command the universal assent of mankind, we might expect it would be this—that the Government of the Union, though limited in itspowers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is th...
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Courts in the United States.
The term circuit derives from the original structure of these courts. Under the Judiciary Act of 1789, trials of certain cases were required to be held before three-judge circuit courts consisting of two Supreme Court justices and the federal trial judge in the district court. In addition to their regular duties, Supreme Court justices were required to ride circuit, traveling from district to district within their assigned circuit, often covering great distances. In 1891 Congress establishe...
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Martin Luther
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INTRODUCTION
Martin Luther (1483-1546), German theologian and religious reformer, who
VI THEOLOGY Luther was not a systematic theologian, but his work was subtle, complex, and immensely influential. It was inspired by his careful study of the New Testament, but itwas also influenced in important respects by the great 4th-century theologian Saint Augustine. A Law and Gospel Luther maintained that God interacts with human beings in two ways—through the law and through the Gospel. The law represents God’s demands—as expressed, for example, in the Ten Commandments and the golden r...
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Martin Luther.
VI THEOLOGY Luther was not a systematic theologian, but his work was subtle, complex, and immensely influential. It was inspired by his careful study of the New Testament, but itwas also influenced in important respects by the great 4th-century theologian Saint Augustine. A Law and Gospel Luther maintained that God interacts with human beings in two ways—through the law and through the Gospel. The law represents God’s demands—as expressed, for example, in the Ten Commandments and the golden r...
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International Criminal Court.
only exercise its jurisdiction when a national court is unwilling or unable to carry out the investigation or prosecution. For example, the ICC might intervene when agovernment’s judicial system has collapsed or is actively shielding a person from criminal responsibility. The court may hold accountable any person aged 18 or older at the time of the crime without regard to the individual’s official duties or functions. Therefore, heads ofstate, legislators, and other high-ranking government offic...
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Affirmative Action.
hiring, purchasing, and other government business. In 1998 Washington State voters passed Initiative 200, a measure that banned affirmative action in state and localgovernment hiring, contracting, and education. Around the same time, federal courts began considering lawsuits from white students denied admission to state universities with affirmative action programs. In somecases, the courts have invalidated such programs on the grounds that they promote reverse racial discrimination. For example...
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Criminal Procedure.
B State Criminal Procedure A person prosecuted in the courts of a particular state on a charge of violating the criminal laws of that state is subject to state criminal procedure. State criminalprocedure is found in the constitution, statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminaldefendants. State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is...
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Algebra
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INTRODUCTION
Algebra, branch of mathematics in which symbols (usually letters) represent unknown numbers in mathematical equations.
B Order of Operations and Grouping Algebra relies on an established sequence for performing arithmetic operations. This ensures that everyone who executes a string of operations arrives at the sameanswer. Multiplication is performed first, then division, followed by addition, then subtraction. For example: 1 + 2 · 3 equals 7 because 2 and 3 are multiplied first and then added to 1. Exponents and roots have even higher priority than multiplication: 3 · 2 2 = 3 · 4 = 12 Grouping symbols override...
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Prison.
Furthermore, experts disagree about whether imprisoning criminals actually prevents further crime. Some critics charge that American prisons simply warehouseviolence—meaning that U.S. prison inmates are confined and incapacitated in large numbers, with little or no effort made to rehabilitate them. Critics have labeled theresult of this process turnstile justice, referring to the fact that most inmates are chronic and persistent offenders and return to prison following conviction for new crime...
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Feudalism
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INTRODUCTION
Feudalism, contractual system of political and military relationships existing among members of the nobility in Western Europe during the High Middle Ages.
lord”; thus, it was not rebellion for a subvassal to fight against his lord’s lord. In England, however, William the Conqueror and his successors required their vassals’vassals to take oaths of fealty to them. B Duties of a Vassal Military service in the field was basic to feudalism, but it was far from all that the vassal owed to his lord. When the lord had a castle, he might require his vassals togarrison it, a service called castle-guard. The lord also expected his vassals to attend his cour...
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Millard Fillmore.
B Vice President of the United States During the first half of 1850, Fillmore as vice president presided over the United States Senate (the upper chamber of Congress) as angry debates raged betweenNorthern and Southern sectionalists over the status of slavery in the recently acquired lands. His fairness and sense of humor in the chair were not enough to restorepeace among the contending senators. The antislavery faction, led by Senator Seward (the former governor of New York) and Senator Salmon...
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Millard Fillmore
B Vice President of the United States During the first half of 1850, Fillmore as vice president presided over the United States Senate (the upper chamber of Congress) as angry debates raged betweenNorthern and Southern sectionalists over the status of slavery in the recently acquired lands. His fairness and sense of humor in the chair were not enough to restorepeace among the contending senators. The antislavery faction, led by Senator Seward (the former governor of New York) and Senator Salmon...
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Thomas Jefferson
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INTRODUCTION
Thomas Jefferson (1743-1826), third president of the United States (1801-1809) and author of the Declaration of Independence.
Jefferson was a poor speaker, but his literary talents made him a highly valued member of committees when resolutions and other public papers were drafted. Heemerged as the recognized author of the patriot cause in Virginia and indeed in the whole of the colonies. Jefferson's first public paper, however, was considered toostiff and formal, and it was rewritten. The paper was a response to the greeting of the new governor, Lord Botetourt, to the General Assembly. Jefferson, who nevertook criticis...
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Thomas Jefferson.
Jefferson was a poor speaker, but his literary talents made him a highly valued member of committees when resolutions and other public papers were drafted. Heemerged as the recognized author of the patriot cause in Virginia and indeed in the whole of the colonies. Jefferson's first public paper, however, was considered toostiff and formal, and it was rewritten. The paper was a response to the greeting of the new governor, Lord Botetourt, to the General Assembly. Jefferson, who nevertook criticis...
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Thomas Jefferson
Jefferson was a poor speaker, but his literary talents made him a highly valued member of committees when resolutions and other public papers were drafted. Heemerged as the recognized author of the patriot cause in Virginia and indeed in the whole of the colonies. Jefferson's first public paper, however, was considered toostiff and formal, and it was rewritten. The paper was a response to the greeting of the new governor, Lord Botetourt, to the General Assembly. Jefferson, who nevertook criticis...
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Thomas Jefferson - USA History.
Jefferson was a poor speaker, but his literary talents made him a highly valued member of committees when resolutions and other public papers were drafted. Heemerged as the recognized author of the patriot cause in Virginia and indeed in the whole of the colonies. Jefferson's first public paper, however, was considered toostiff and formal, and it was rewritten. The paper was a response to the greeting of the new governor, Lord Botetourt, to the General Assembly. Jefferson, who nevertook criticis...
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United States House of Representatives.
Because of the high cost of elections and the short two-year term of office, members of the House campaign almost constantly. They spend much of their time raisingcampaign funds, and they frequently return to their districts to keep in touch with voters. Because the elections are so frequent, House members tend to pay closeattention to how their votes in Congress will be seen in the short term. House members tend to come from wealthier family backgrounds than average Americans. Few working class...
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Holocaust
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INTRODUCTION
Holocaust, the almost complete destruction of Jews in Europe by Nazi Germany and its collaborators during World War II (1939-1945).
relation to the Jews. He claimed that the Jews had achieved economic dominance and the ability to control and manipulate the mass media to their own advantage. Hewrote of the need to eradicate their powerful economic position, if necessary by means of their physical removal. IV UNIQUENESS OF NAZI ANTI-SEMITISM The linking of anti-Semitic accusations to race struggle is what made Nazism so genocidal. The Nazis believed the Jews were responsible for what they regarded as thedegeneracy of modern...
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Holocaust .
relation to the Jews. He claimed that the Jews had achieved economic dominance and the ability to control and manipulate the mass media to their own advantage. Hewrote of the need to eradicate their powerful economic position, if necessary by means of their physical removal. IV UNIQUENESS OF NAZI ANTI-SEMITISM The linking of anti-Semitic accusations to race struggle is what made Nazism so genocidal. The Nazis believed the Jews were responsible for what they regarded as thedegeneracy of modern...
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Civil Rights and Civil Liberties.
A Religious Freedom Although religious freedom has not generally been curtailed in the United States, Roman Catholics, Jews, and members of such unconventional Protestant groups as theOneida Community and the Church of Jesus Christ of Latter-day Saints have historically been discriminated against and sometimes have even been persecuted,although today overt discrimination has almost vanished. The federal Civil Rights Act of 1964, as well as many state and local laws, prohibits religious discrimi...
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Immigration.
1655, only to lose all of their North American colonies to the British in 1664. These early colonies were often quite cosmopolitan, drawing settlers from many nations.When the English seized New Amsterdam, the city was home to perhaps 1500 residents, including Walloons, Huguenots, Swedes, Dutchmen, and African Americans. C The French and Spanish The French and Spanish also established colonies in North America. The Spanish established the oldest permanent European settlement in Saint Augustine,...
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Immigration - U.
1655, only to lose all of their North American colonies to the British in 1664. These early colonies were often quite cosmopolitan, drawing settlers from many nations.When the English seized New Amsterdam, the city was home to perhaps 1500 residents, including Walloons, Huguenots, Swedes, Dutchmen, and African Americans. C The French and Spanish The French and Spanish also established colonies in North America. The Spanish established the oldest permanent European settlement in Saint Augustine,...