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Judicial activism is a controversial issue because judges are often presumed to be almost robotically neutral. However, judges are human beings who are concerned about the integrity of the law as the law reflects core values and social norms. When the laws do not reflect progress in social norms, judges often take the initiative to make decisions that encourage change. Called "judicial activism," the process of using judicial power to influence the law is an inevitable part of the American justice system and an inevitable component of American political culture.
Judicial activism can be loosely defined as "decisions that overturn laws and overrule precedents," (Chemerinsky, 2010). Judicial activism is contrasted with judicial restraint, which "occurs when courts defer to the other branches of government and follow precedents," (Chemerinsky, 2010). It is easy to see how when the public agrees with the policy in question, judicial activism is celebrated but not…… [Read More]
Judicial activism has had a profound effect on American society. Some examples of judicial activism include: Brown v. Board of Education—the 1954 Supreme Court case in which the Court ruled that segregation was a violation of the Constitution and thus public schools were desegregated. Roe v. Wade is another example: this 1973 Supreme Court case made abortion legal. These examples fundamentally altered the character and fabric of society in ways that continue to have repercussions even to this very day.
The Constitution allows judges to play an activist role because ultimately the framers of the Constitution recognized how important and crucial the judiciary branch of the government would be. Just as the executive and the legislative branches can be activist, so too can and ought to be the judiciary branch. Judicial officials are often misrepresented as being impartial, but the reality is that they are not impartial but rather very…… [Read More]
Kelo V. New London Judicial Activism
Kelo V. City of New London and Judicial Activism
Kelo v. City of New London, 545 U.S. 469 (2005) analyzes the issue of eminent domain and the circumstances under which a city or government can use this to seize an individual's property. In Kelo v. City of New London (2005), Susette Kelo sued the city of New London claiming that her property, and the properties of her neighbors, were illegally seized because they were not taken to be developed for public use, one of the requirements of eminent domain. Furthermore, Kelo argued that the property seizures were a violation of the Fifth and Fourteenth Amendments thus rendering them unconstitutional. After analyzing the dissenting views of the Supreme Court Justices that exercised judicial restraint, it is clear that judicial activism was used to define "public use."
Traditionally, judicial activists believe the U.S. Constitution is a…… [Read More]
Judicial Philosophy of the Supreme Court
Judicial philosophy is a concept that refers to the way judges understand and interpret the law in relation to the specific cases they are handling. This concept emerges from the fact that while laws are universal and broad, they need to be applied to specific cases based on the judge's understanding and interpretation of the law as well as the unique circumstances surrounding the case. The two most common judicial philosophies of the Supreme Court are judicial activism and judicial restraint, which have influenced various cases including Gore vs. Bush (2000) and Obergefell vs. Hodges (2015). Judicial activism refers to a philosophy in which judges depart from conventional precedents to adopt new, progressive social policies whereas judicial restraint is a philosophy in which judges limit the exercise of their own authority (Bendor, 2011).
Judicial activism of the Supreme Court influenced cases like Gore vs.…… [Read More]
students opportunity discuss a key political science concept, show a basic understanding academic research reporting skills.
Define "loose construction" and "strict construction" methods of constitutional interpretation, and describe how each perspective aligns with formal vs. informal methods of change.
The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in the Constitution [as] would have been understood at the time [of enactment]" (Linder, citing Posner, "Theories"). In contrast, the 'loose construction' view (traditionally aligned with more liberal politics) stresses the need to interpret the Constitution in a manner beyond the letter of the law. There are a number of factors which justices traditionally consider when making constitutional interpretations, including the text itself; likely intentions of the founders; precedents; consequences of the decision in the 'real world;' and so-called 'natural…… [Read More]
For example, the EP has the right to bring an action for failure to act, and can also take action to have the ECJ review acts of the Council or the Commission.
Despite those protections, the ECJ determined that the legal remedies provided for in the Euratom Treaty and EEC treaty might be ineffective or uncertain.
For example, an action for failure to act cannot be used to challenge a measure that has already been adopted.
In addition, though the EP has the right to seek a preliminary ruling on the validity of such an action, such a ruling does not mean that anyone will actually bring an action for annulment.
In fact, even though the Commission is required to respect the EP's prerogatives, it is not obliged to adopt the EP's positions as its own.
As a result, the ECJ concluded that the legal remedies available to the EP…… [Read More]
This study reviews Pat obertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat obertson is the founder and chairperson of the Christian Broadcasting Network, founder of egent University, and The Center for Law and Justice. He and his wife have four children and thirteen grandchildren. They reside in Virginia Beach, Virginia. Using both legal and religious points-of-view, obertson attempts to prove that the current operation of the judicial system is dangerous to both the republican form of government and our individual freedoms. While seeking to strengthen his argument, the author has compiled fascinating facts, quotes, case decisions, and opinions of the Court (Mu-ller-Fahrenholz, 2007).
From this study, it is evident that obertson undertook a political expedition seeking to identify various issues that bedeviled the American society. However, he fails to provide solutions to the identified problems. This is an action…… [Read More]
Judicial activists like Chief Justice Earl Warren used their power to invoke the Constitution in social changes like school desegregation. They believe the government must stay current with the times and change, rather than become archaic.
Capital punishment is one of the most hotly debated punishments in our judicial system. That is because it is a very emotional issue, and both sides are equally convinced their ideas are right. Because it involves taking a life as punishment for a crime, it is an ethical and moral dilemma, too. Supporters of capital punishment believe it helps keep crime down by scaring potential criminals about the sacrifice they could pay if they commit a heinous crime. They also believe that if the criminal committed a crime like murder, that they could do it again if they faced the possibility of parole, so they believe capital punishment is good for public safety. They…… [Read More]
The first amendment to the Constitution in the ill of Rights states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This provision has been the justification for entirely removing prayer from schools and the mention of God from public places. This may not have been the intention of the Framers. They were concerned that the government could not establish an official state religion, as had been done in many countries in Europe. They did not intend to eliminate religion from public life.
The problem with judicial activism is that it becomes very hard to stop once it begins. As stated, while most would agree that a right to privacy is desirable, what about other rights or privileges with which the majority would not agree. The Constitution was designed with a process to amend it as conditions change. The Framers anticipated that…… [Read More]
As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound philosophy dubbed 'living constitutionalism.' In the American constitutional dispensation, as in other countries, the letter of the law is unequivocal. That notwithstanding, many agree that every society is dynamic in nature. As such, as society keeps changing, there is a growing need for the constitution to be equally as dynamic in view of various considerations. Implementing and enforcing the letter of the law as stated in constitutional clauses often has its shortcomings. The concept 'Living Constitutionalism' revolves around humanizing the law. By adding the element of humanity in the law, the constitution gains a dynamic element. This idea relates to the view of the society as contemporaneous,…… [Read More]
1st Amendment Issues
A highly controversial decision rendered on January 21st of this year by the Supreme Court, affirming the right of corporations and other organizations to enjoy consideration as "persons" and the 1st amendment protections afforded by that status, threatens to undermine the foundation of this country's democratic process. With their closely contested 5-4 decision in the case of Citizens United v. FEC, the high court's conservative members have effectively shattered existing precedent regarding the ability of corporations to channel shareholder funds to political campaigns. In their effort to protect the duly granted right of individuals to contribute money as a form of political speech and expression, the justices in the majority have effectively opened a Pandora's box of unintended consequences. By extending the rights held by individual citizens of this nation to corporate conglomerates and multinational entities, the Roberts court has redefined the menace of judicial activism once…… [Read More]
Prevailing Legal Theory in the United States Today
Common legal theories in the United States today
The most commonly-espoused legal theories in the media today are those of 'strict construction' and 'broad construction' (otherwise known as 'judicial activism.') Strict construction, according to its adherents, means strictly adhering to the 'letter of the law' and strictly interpreting the Constitution according to the original intent of the authors of the document. Strict construction uses a "literal and narrow definition of the language without reference to the differences in conditions when the Constitution was written and modern conditions, inventions and societal changes" (Sollum 2009). Strict construction interpreters have been highly critical of decisions such as Brown v. Board of Education, which examined evidence of the psychological impact of segregation upon young, African-American children and oe v. Wade, which created a test of viability for the fetus while protecting women's absolute right to choose…… [Read More]
Graham vs. Florida Focal Point Analysis
There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans are being protected and arbitrariness being curbed. In the light of the fact that human rights are now a universal concept and is globally acknowledged, the fact that constitutions and laws that abridge the human rights have to go or be amended cannot be argued against. While the constitution may be supreme, the rights of humans take priority, especially in the global context. In such a case the case of Graham vs. Florida can be seen as a landmark judgement so far as the way prisoners have to be treated is concerned.
The problem is more of legal rationality because the laws are rules that a society creates for the…… [Read More]
It appears then that the authors believe that democracy has taken a very different form from its position less than a century ago. Citizens and politicians no longer work together to achieve the democratic aim. Instead, both sectors use the means at their disposal to make the differences that they deem necessary on an individual rather than a collective level.
While this is a more contemporary argument than the one in Politics by Other Means, it nevertheless still does not address the issues from all sides. Still, the authors appear to assume the relative integrity of politicians in terms of achieving political rather than personal aims and the drive of citizens to participate, as well as their trust in the political process.
Knight and Lewis (in Ginsberg and Stone 176) address the feelings involved in political participation more fully, by means of the concept of ideological sentiment. The authors note…… [Read More]
GM 1983 Discrimination suit
G.M. And acial Discrimination
The civil rights movement in the United States began slowly. Changing centuries of discriminatory practices across an entire country was not a task that was without opposition, and ignorance on the part of the average citizen. However, when that ignorance was institutionalized within businesses, the wheels of justice needed a significant push in order to begin to afford black American access to the same opportunities which Caucasian-Americans enjoyed. Toward this end, the Equal Employment Opportunity Commission actively sought out target candidates which would have the largest impact on moving the civil rights agenda forward.
In 1973, a suit filed against the worlds largest automaker, General Motors, the EEOC alleged that the corporation actively discriminated against black, Hispanic and women workers. At the time of the suit's filing, the company had 6.4% of its journeymen (skilled labor) positions filled by minority workers. Under…… [Read More]
He attacked the underlying premise of the decision, saying that, "A constitution is not intended to embody a particular economic theory… It is made for people of fundamentally differing views" (Paul 74). He viewed the Court's opinion in a dangerous light because it represented the infusion of a fundamental right into the Constitution.
Modern commentators who agree with Justice Holmes' dissenting position face a problem as it relates to more modern Supreme Court decisions, such as Roe v. ade. If the position is held that Holmes was correct in his opinion, then the same position must also be held that the Supreme Court's Roe v. ade decision is incorrect. In the Roe V. ade case, the Court ruled that a woman's right to have an abortion is based upon the development of the fetus in her womb. In the first trimester, the state cannot restrict a woman's right to have…… [Read More]
policy, law and management. It is based on a particular background that has been provided.
Law, Policy, and Management Brief: Models of Court-Agency Interaction
Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).
However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]
Supreme Court Chief Justices Warren and ehnquist
Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:
The Warren vs. The ehnquist Court
A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…… [Read More]
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people." Following this assertion, Elbridge Gerry of Massachusetts moved that the Convention add a bill of rights to the Constitution and Mason seconded his motion to no avail: "The Convention unanimously rejected the proposal by a vote of 10 to 0, with one state absent. Failure to heed Mason's counsel was to plague the Federalists throughout the ratification campaign" (emphasis added).
The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at…… [Read More]
S. have tried to govern themselves. You can use the Internet, but don't use the Internet exclusively. Also, try to research different nations, not just the U.S. I've given a brief overview of the Bill of ights, one of the most important and contested aspects of the Constitution, but look into the British system of government as well (which influenced the creation of our own) and France. And ask why have some constitutions and nations failed, while the U.S. system has remained intact. Bring your research to class with you.
Step 3: Come to an agreement about what rights to include
On Wednesday, we'll have our own Constitutional Congress. I will observe the unstructured debate, which will revolve around how Freedonia will govern itself and what rights will be included in the new constitution and government. Some things you may want to think about: what rights don't Americans have? What…… [Read More]
President be Allowed to Appoint a New Supreme Court Justice?
The current president should be allowed to appoint a new Supreme Court Justice. The Constitution of the United States of America, Article II, Section 2 of the Constitution, vests in the president the power to make the appointment of judges to the Supreme Court. The duty and privilege must be taken seriously and constitutionally. Current the current president has over 300 days in the office, and these are enough to let him take this responsibility without any question. The president is a representative of the people lawfully accorded in the national jurisdiction. He has the role of fulfilling his official duties as a way of ensuring that he does everything law requires of him.
The intuition that the American people should be given the chance to partake of the election of the new Supreme Court justice by waiting for the…… [Read More]
Judiciary -governing and selection
Judiciary: Article eview
One of the most controversial decisions in recent memory of the U.S. Supreme Court was that of Citizens United, which effectively declared corporations 'persons' in terms of their ability to fund political campaigns through political action committees (PACs). According to Thomas B. Edsall's article "Cash and carry" for The New York Times, Citizens United and "a series of related cases, especially SpeechNow.org v. Federal Election Commission, which was decided by the United States Court of Appeals for the District of Columbia Circuit, have not just gutted campaign-finance reform. They have undermined the democratic character of the presidential nomination process by empowering the rich to exert disproportionate control over it" (Edsall 2012). Edsall excoriates the recent Citizens United decision, stating it has fundamentally undermined the democratic process.
In the past, the label of 'activist judges' has usually been wielded by conservatives against…… [Read More]
Though six other Justices joined in overturning Staples' conviction, it was Justice Thomas who wrote the majority opinion, and he makes it clear that anything not explicitly allowed or made illegal by the law -- either in the Government's actions or in the actions of individual citizens -- is left to individual (or local, it is implied) discretion (Oyez 2009).
How Do You Get to the Supreme Court? estraint, estraint, estraint
In keeping with his generally conservative politics, Justice Thomas is also an advocate of judicial restraint. The Staples case demonstrates this quite clearly, as do other of his published rulings. In Archer et ux v. Warner (2002), Justice Thomas dissented form the majority opinion, which used what was considered the intent of a bankruptcy exemption for fraud to overturn the decisions of lower courts and demand that the Warners pay the Archers a previously agreed-upon settlement (Oyez 2009). In…… [Read More]
jonsmom2 the New Haven Firefighters Affirmative Action received kind attention a lo
Diversity in the Workplace
There are several factors to consider when discussing the prudence of the decision of the city of New Haven, Connecticut, to dismiss the results of two promotional exams for its fire department on the grounds that its results would leave the city open to litigation based upon racial bias. In a case as morally and legally ambiguous as this particular one, the complexities among the various bureaucratic decisions regarding the judicial appeals and partisan lobbying are virtually interminable, and perhaps even distracting from the managerial process of determining whether or not the city was justified in rejecting its test results on the grounds that they would leave it liable for a disparate impact law suit. Particular attention, then, must be directed to the implicit and explicit intentions of the city in its rejection of…… [Read More]
Never the twain shall meet would be an appropriate descriptive. The prime example of this form of federalism is the U.S. government during the late 1700s through the early 1900s. With "dual" federalism, both separate and shared powers are present.
Marble-cake (or co-operative) federalism is "one big happy family" federalism. Co-operation between state and federal government is its signature. The two levels of government are actually one big government, interwoven and pursuing the same goals together. Crime reduction, better education for our children, and global warming are issues that both state and federal levels would be working on together with the same sense of accomplishment. Co-operative federalism became prominent in government between roughly 1930-1960.
s a matter of fact, under the original dual federalism during the early years of our country, each state that came into the Union was offered a "partnership" with the federal government. Every state knew what…… [Read More]
But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. The victims can express their grievances in public "only at certain times and in certain ways" because their rights are infringed on social and cultural levels (Dewey).
The fact that cultural and traditional beliefs and attitudes contribute to violations of women's rights in a systematic manner can be observed by reading literature on the practice of dowry. Many Indian legal and philosophical thinkers use relativistic terms to contest the notion that the practice contributes to the abuse of women. They contest the notion because they argue the concept of human rights is a estern notion, sometimes disregarding cultural variations and sensibilities of the Indian nation (Gupta). The general critique of the concept of human rights as a western notion may be valid in some matters, but…… [Read More]
Today, overt discrimination has largely disappeared in urban areas, but in rural regions Dalits often remain excluded from social and religious life, although here too prejudice seems to be declining (omini (29 August 2008).)
In short, Dalits have made huge strides in the Indian system ever since the modern constitution forbade their discrimination. By 1995, for instance, 17.2% of jobs were held by Dalits whilst Dalits too held 10% of the highest paying jobs in the Indian government. In 1997, a Dalit, K.R. Narayanan, was actually elected as president. Dalits have been elected to the highest judicial and political positions, and, in general, their quality of life has attained similar metric to that of the quality of Indian life in general. Discrimination still seems to be persisting in mute desegregated forms but it also seems to be waning.
As regards the hijra, in recent years, Indian constitution attempted to repeal…… [Read More]
interventionism from the perspective of realism vs. idealism. Realism is defined in relationship to states national interests whereas idealism is defined in relation to the UNs Responsibility to Protect doctrine -- a doctrine heavily influenced by Western rhetoric over the past decade. By addressing the question of interventionism from this standpoint, by way of a case study of Libya and Syria, a picture of the realistic implications of "humanitarian intervention" becomes clear. Idealistically, humanitarian interventionism is a process that stops atrocities and establishes peace and prosperity. Realistically, interventionism allows Western businesses to reap the spoils of destabilization -- as has been seen in Libya with the Libyan oil fields being claimed by Western oil companies -- and as is being seen in Syria, with the threat of invasion bound to have detrimental effects on the construction of a new pipeline that bypasses the Turkey-Israel pipeline. Syria also presents itself as…… [Read More]
Invisible Hands: The Businessman's crusade against the new deal, then follow outline to write the essay as
Kim Phillips-Fein. Invisible Hands: The Businessman's Crusade Against the New Deal. New York .. Norton, 2009. $16.95 (pap.) ISBN: 978-0-393-33766-2.
The author of Invisible Hands, Phillips-Fein, is a professor at New York University's Gallatin School. This particular school enables students to select course loads from different departments and schools to effectively create their own majors. In addition to the aforementioned manuscript, she has written a number of articles that are intrinsically related to history, economics, and social issues (New York University). A number of her works are either critiquing the conservative right, or providing profiles of the leftist liberals -- such as former New York City mayor and Democrat David Dinkins. As such, it would not be inaccurate to state that she is something of a liberal herself (Strauss), and that this political…… [Read More]
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in more detail below, however, it is important to first discuss some of the key court cases that help establish the Constitutionality of FISA. Specifically, this report will address three cases that directly feed into the Constitutional requirements of FISA: Olmstead v. U.S. (1928), Katz v. U.S. (1967), and U.S. v. U.S. (1972).
Olmstead v. U.S. (1928)
For the civil libertarian, the case of Olmstead v. U.S. (1928) is a nightmare violation of constitutionally guaranteed Fourth and Fifth Amendment rights. In the case, oy Olmstead was convicted of bootlegging during the Prohibition years of U.S. history. Without obtaining any kind of judicial approval, federal agents placed wiretaps in the building Olmstead…… [Read More]
Black Lives Matter is a social movement facilitated by social media, which critiques multiple forms of injustice and disparity. The movement can be viewed as the latest in a string of attempts to achieve racial parity and universal civil rights in the United States, but has been more narrowly defined by the movement's concern with race-based police brutality and racialized violence. Beneath this oversimplification of the Black Lives Matter movement is its core commitment to creating a more just society. Black Lives Matter is not just about race-based police brutality. Police brutality and racial discrimination in criminal justice is one of the many facets of Black Lives Matter.
From a sociological perspective, Black Lives Matter encapsulates the core tenets of conflict theory, because the movement highlights the intersectionality between race, class, gender, and power. The Black Lives Matter movement can also be understood within a postmodern framework and within a…… [Read More]
On the threshold of the Civil Rights movement, Baldwin would publish
Notes of a Native Son. Though 1953's Go Tell It On The Mountain would be
perhaps Baldwin's best known work, it is this explicitly referential
dialogic follow-up to right's
Native Son that would invoke some of the most compelling insights which
Baldwin would have to offer on the subject of American racism. This is,
indeed, a most effectively lucid examination from the perspective of a
deeply self-conscious writer enduring the twin marks in a nation of
virulent prejudice of being both African American and homosexual. The
result of this vantage is a set of essays that reaches accord with right's
conception of the socially devastating impact of segregation on the psyche,
conscience and real opportunity but also one that takes issue with the
brutality of Bigger, a decidedly negative image to be invoked of the black
man in America.…… [Read More]
Many women and children live in substandard and marginal conditions in many parts of the world and they need a voice to transmit those conditions and voting power to correct those conditions. Too much masculinity is behind this contagion and chivalry cannot substitute for true justice. Nellie McClung, one of Canada's foremost social activists and its first feminist waged a political battle for Canadian women's rights, specifically the right to vote. In her time, women were not considered persons under the British North American Act but were mere appendages to men. She and the rest of the Famous 5 fought to secure that right and won it. Women's rights and women's movements are expressions of the best instincts of womanhood to serve and help the human race. Women, like men, think and think as dynamically. If women's thoughts are ignored or repressed, evolution is blocked and similarly suppressed.…… [Read More]
Furthermore, the Supreme Court (and the Texas district court also) relied on a judicial invention introduced in the earlier Griswold and Eisenstadt decisions: namely, the penumbra of privacy that was said to "emanate" from the Fourteenth Amendment to give rise in a fundamental right of privacy despite the fact that the notion of personal privacy is not mentioned at all in the Constitution. Certainly, the Roe decision was justified on general principles of justice, equality, fairness, and ordinary definitions of private affairs; but from a technical legal argument perspective, many commentators have suggested that it was a case of the Court fitting the Constitution to the law rather than conforming the latter to the former.
Regardless of the any technical criticism in the legal analysis of the basis for the Supreme Court's decision in Roe, it remains the right and moral decision on the issue.
Certainly, room exists for…… [Read More]
As a part of its responsibility to monitor federal agency compliance with Section 501, the U.S. Equal Employment Opportunity Commission (EEOC) collects and compiles data regarding agencies' hiring and advancement of workers with disabilities. At the time of hiring, federal agencies provide employees the opportunity to self-disclose that they have a disability, on a Standard Form 256 (SF-256); the numbers of people who so identify are reported to the EEOC. In1979, EEOC officially designated certain disabilities as targeted disabilities in its Management Directive 703 issued on December 6, 1979, which in 2003 was superseded by Management Directive 715. MD 715 defines targeted disabilities as "Disabilities that the federal government, as a matter of policy, has identified for special emphasis in affirmative action programs. They are: 1) deafness; 2) blindness; 3) missing extremities; 4) partial paralysis; 5) complete paralysis; 6) convulsive disorders; 7) mental retardation; 8) mental illness; and 9) distortion…… [Read More]
Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.
The Miranda…… [Read More]
This, of course, would represent one aspect of the resentment served to Salinas. The other aspect would be the significant impact of the economic crisis and the continued devaluation of the Peso. These things reflected on the ineptitude of a party seldom challenged as it should have been.
To most, the failures effecting the whole of the nation had marked the need for a hastening of democratic reform, which would in turn reflect quite negatively on the candidacy of the PRI candidate. In an article dated to 1988, it was characterized thusly, with report stating that "the Institutional Revolutionary Party on Sunday designated Carlos Salinas de Gortari, the budget and planning secretary in the present government, to be its presidential nominee. Getting the nomination is tantamount to being named president. The PRI, as the party is universally called here after its Spanish initials, has ruled Mexico for six decades. As…… [Read More]
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of…… [Read More]
This legislation passed in 1999, this bill is one of 16 "basic laws" that are enacted in order to "address fundamental issues of the state system creating connections between the Constitution" in Japan and the legislative process itself. It clearly shows dramatic progress in the rights and power of women in Japanese society and government.
A brief comparison of Japan policies with U.S. policies: In Chapter 3, Gelb compares Japan and the U.S. On the issue of domestic violence; in the U.S. (p. 66) in 1994, Congress passed the Violence Against omen Act, "the most significant law ever passed in this policy area," she asserts. The passage of this landmark act was due to "feminist advocacy, key congressional support, and widespread public discourse," she added (p. 69). In Japan, meanwhile, domestic violence legislation called the Law for Prevention of Spousal Violence and the Protection of Victims passed in 2001, which…… [Read More]
The fact that industrial control systems may be vulnerable to infiltration by other citizens, or international parties puts laws pertaining to intersection of systems transmission at the forefront of priorities for us all.
At present, telecommunications interference of private citizens holds an up to a five-year prison sentence by U.S. federal law. How cyberterrorism is addressed, when the stakes are heightened, leaves a whole host of opportunities for citizens, and legislators to voice their opinion as new technologies for privacy invasion come on the market.
Every ISP access point imaginable is cited within the literature on cyberterrorism, including direct access networks, maintenance of dial-up modems, and of course the internet, remote systems architectures. Exponential information like SCADA systems create an incredibly vulnerable area for hackers interested in "knowledge sharing" network data toward sabotage of industrial operations and state military interests. DHS strategic responsibilities take care of the broad brush stroke…… [Read More]
Mexico's Trade Strategy
Mexico has pursued a three-dimensional trade strategy perhaps more diligently than even the United States according to Schott (Studer & Wise, 2007). Mexico has been an active participant in multilateral talks since its GATT accession in 1986 and was the host country for the special Summit of the Americas in Monterrey and for the hemispheric trade talks in Puebla. Mexico is perhaps most famous as the instigator of NAFTA as well as many other FTAs with countries around the world including key industrial markets such as the European Union (EU, The European Free Trade Association (EFTA), and Japan. In addition, Mexico entered in FTAs with olivia, Chile, Costa Rica, El Salvador, Guatemala, The G3 (Colombia, Mexico, and Venezuela), Honduras, Israel and Nicaragua during the period January 1995 to June 2001 (Schott in Studer & Wise, 2007). It is important to emphasize that Mexico has many more FTAs…… [Read More]
The Trafficking Victims Protection eauthorization Act
Final Project / Dissertation
Degree: Juris Doctorate Specialized
Specialization: Constitutional Law
The Trafficking Victims Protection eauthorization Act
This paper reviews the rights and protection that a state and federal government official provides to citizens that have been the subject of human trafficking crimes. Citizens need the protection of the police and other law enforcement officials to report human trafficking crimes and to protect and assist those that need their assistance. This paper will seek to explain the definition of human trafficking, how it works, victim support, issues with upholding and implementing legislature and the solutions which can be used to satisfy the public.
Table of Contents
Elements of Human Trafficking
Victims of Trafficking and Violence Protection Act of 2000
Alien Smuggling, Harboring and Transportation
New York State's Human Trafficking Law…… [Read More]
Nonetheless, Lu sees some hope for transgressive representations of Asian women in media, particularly in those films which actively seek to explode stereotypes regarding Asian women not simply by fulfilling the desires of a white, patriarchal society but rather by demonstrating full-fledged, unique characters whose Asian and female identity is only one constituent part of their personality and whose expression is not limited to the roles prescribed for Asian women in American media (24-26).
Lu, Lynn. "Critical Visions: The Representation and Resistance of Asian omen." Dragon
Ladies: Asian-American Feminists Breathe Fire. 1st ed. Cambridge, MA: South End
Press, 1999. 184-189. Print.
Mihesuah, David Abbot. "Feminists, Tribalists, or Activists?" Indigenous American omen:
Decolonization, Empowerment, Activism. 1st ed. Omaha, NE: University of Nebraska
Press, 2003. 115-123. Print.
Smith, Andrea. "Sexual Violence as a Tool of Genocide." Conquest: Sexual Violence and American Indian Genocide. 1st ed. Cambridge, MA: South End Press,…… [Read More]
The 16th Amendment was the first to be passed in the 20th century. It allowed incomes to be taxed as a clear response to the Supreme Court decision in the Pollock v Farmers' Loan and Trust Company (Fonder and Shaffrey 2002). Congress previously passed an income tax law in 1894, which the Supreme Court found to be unconstitutional, not being divided among the states by population. efore the 16th Amendment, the Constitution protected citizens in Article 1, Section 9, which provided that no capitation, or other direct tax chall be laid, unless in proportion to the census or enumeration. This protection was eliminated with the passage and ratification of the 16th Amendment, which gave Congress the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the States and without regard to census or enumeration. efore the 16th Amendment, taxation was based on consumption and…… [Read More]
The Leblanc alkali production processes were especially pernicious, but they followed along the lines of previous industrial processes. In other words, the first British environmental legislation was a response not so much to a qualitative change in industrial processes and their environmental impact but more to a quantitative increase in sources of pollution that had up to that point been (if only barely) tolerable.
Legislation Arising From Public Anger
At the center of the first British environmental legislation was the Leblanc process, an industrial process that produced of soda ash (which is chemically sodium carbonate) that came into use in the first decades of the 19th century. Named after its inventor, Nicolas Leblanc, it replaced an older process in which soda ash had been produced from wood ash. However, as the availability of wood ash declined (because of deforestation, a process that was occuring both in Great Britain and across…… [Read More]
There is a great level of disparity and disproportionality in today's criminal justice system and as noted in this work in writing, this is likely the greatest challenge facing professionals in the contemporary criminal justice system and in the criminal justice system in the near future. It is critically important that this disparity and disproportionality be addressed due to the negative and adverse impacts that result from an overzealous imprisonment of individuals from minority racial and ethnic groups in the United States.
Harrison, Paige M. And eck, Allen J. (2006). Prisoners in 2005. Washington, DC: U.S. Department of Justice in: Garland, rett E., Spohn, Cassia, and Wodahl, Eric J. (2008). Racial Disproportionality in the American Prison Population: Using the lumstein Method to address the Critical Race and Justice Issue of the 21st Century. Justice Policy Journal. Vol.5, No.2, Fall 2008. Online available at: http://www.cjcj.org/files/racial_disproportionality.pdf
Spohn, Cassia C. (2000). Thirty…… [Read More]
Gideon is not a man one necessarily finds admirable, given his past life of crime. But simply because someone does not personally approve of a defendant, does not mean that the defendant should be found guilty because of their lack of legal expertise. Just because someone is poor, or has committed a crime in the past, does not mean that they should be denied their rights. They should be viewed in the same way the law as someone who is wealthy, and to make a case in the adversarial system of justice requires the legal knowledge of an attorney.
The book paints a picture of America that is, at least in terms of its temperament, much more liberal than it is today. The U.S. Supreme Court under Chief Justice arren was far more open-minded about the idea of expanding defendant's rights. Even many of the states supported the idea of…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
Three Strikes Law on the African-American Community
Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the United States. The legislation began in California, where two highly publicized murders committed by convicted felons prompted an outcry against allowing recidivists to return to the community. California did see a decrease in crime rates following its institution of the Three Strikes policy, though there is considerable debate about whether the Three Strikes laws were responsible for that decline. Many other states adopted the legislation, so that about half of all states now have three strikes legislation. While these laws may not necessarily have the desired deterrence effect on crime, the general consensus appears to be that they are not harmful to society; therefore, even if they cannot be proven to be helpful, they should remain in place. However,…… [Read More]
surge of Islamic movements, revolutions and political life in the last fifty years, as well as some of the events of the last ten or fifteen years, culminating with the attack on September 11 and the fight against terrorism, have brought about a legitimate discussion around the causes and effects of political Islam, as well as on the main factors that have influenced it in the last half a century.
The first issue that needs to be taken into consideration is the element of extreme cohesion that the Islamic world has: the Qur'an. According to the Islamic world, the Qur'an is the "literal, hence absolutely true, word of God as revealed to the Prophet Mohammed"
In my opinion, the direct and most important implication, both in terms of internal politics and international relation, is the creation and practice of Islamic law, as one of the three fundamental systems of law…… [Read More]
Figue 1. Demogaphic composition of the United States (2003 estimate).
Souce: Based on tabula data in Wold Factbook, 2007 (no sepaate listing is maintained fo Hispanics).
Fom a stictly pecentage pespective, it would seem that Asian-Ameicans do not epesent much of a theat at all to mainsteam Ameican society, but these mee numbes do not tell the whole stoy of couse. Fo one thing, Asian-Ameicans ae one of the most divese and fastest gowing goups in the United States today (Hong, Kim & Wolfe, 2005). Accoding to Alvaez and Kimua (2001), studies have documented time and again that, consistent with thei histoical teatment, Asian-Ameicans continue to be the tagets of acially motivated popety vandalism, vebal haassment, theft, physical assaults, and in some instances, homicide; futhemoe, othe studies have confimed that a pesistent patten diving anti-Asian violence is the peception of Asian-Ameicans as foeignes who pesent an economic, academic, social, and/o…… [Read More]
Individuality and Community
How Self is Integrated into the Global Whole as an Ethical Entity
The ethics of social justice is wrapped in the ideas of how individuals within a society are trained as ethical beings, and how they regard other outside of their immediate society (Jackson, 2005). Appiah uses the final two chapters of his book The Ethics of Identity to discuss how individuals are given an ethical soul and also how people are members of something larger than either their nations or themselves. This paper is designed to give the reader an understanding of one person's understanding of the four concepts of social justice, soul making and rooted cosmopolitanism, and how all of those concepts tie into one another.
Four Conceptions of Social Justice
Like most other concepts, social justice is not the purview of a single theoretician or set of ideas. Many people, beginning in ancient…… [Read More]
On February 25, 1990, Terri Schiavo suffered from severe brain injury. She could no longer do anything for herself and was without an attorney. Her husband named Michael Schiavo was her legal guardian. Due to brain damage, Ms. Schiavo did not have the ability to swallow and was feed through a feeding tube. During that same year, she entered into a persistent vegetative state (PVS). As years passed, Mr. Schiavo, along with physical therapists, attempted to rehabilitate Ms. Schiavo but was unsuccessful. Tired of seeing his wife in such a condition, Mr. Schiavo thought that it would be in everyone's best interest, including his wife's, to unplug all life support devices and let her die. The parents of Ms. Schiavo disagreed with Mr. Schiavo's proposal; this created much hostility that was viewed by the public (Perry, Churchill, & Kirshner, 2005). This case has been the focus of medical controversy…… [Read More]
Constitutional Democracy / Presidential or Parliamentary System
Social and Economic Sources of Democracy
For the successful development of a democracy, two major factors come into play regarding the sources of said democracy. Of course, some of the factors are also indications of other regimes -- fascist and communist -- though as argued by the various papers, there is a distinct difference in the political structures that determine democracies over fascist and communist regimes. Because of the major results created by such factors, the most important sources of democracy would have to be the economic, industrialized, and educational values within the nation.
"The level of economic development, as measured by per capita income, is by far the best predictor of political regimes" (Przeworski). While there appears to be a similarity between the development of economic countries in dictatorships and democracies, Przeworski maintains that a dictatorship eventually dies and paves the way…… [Read More]
difficult to understand why Stephen L. Carter's The Emperor of Ocean Park has generated so much controversy since it was published at the beginning of the summer. That level of interest in his work stems from his taking on a position that is both unusual and provocative as Carter, through his protagonist, explores contemporary American political and academic life - and the nature of race, class, and power in the United States today.
The novel tells the story (which resembles the works of Grisham in his conspiracy/thriller model) of a chain of events that begin with the death of a conservative African-American lawyer named Oliver Garland. Although a good provider for his family and in many ways a decent person, Oliver is also emotionally demanding and withdrawn from his family. He is far more interested in using the personal power and personal connections (and wealth) that he already has to…… [Read More]
Conference votes are not chiseled in marble; they are subject to change after the justices read their colleagues' draft opinions. And read them they do, thoroughly and carefully. They write thoughtful (in both senses of the word) memos about these opinions. All this, of course, confirms what earlier studies have reported.
hat Courts, Judges, and Politics makes clear is that changes in outcome between conference vote and final decision are far from unusual. Equally impressive are the justices' conscientious (though not always successful) efforts to reach decisions by consensus rather than simple majority.
Though they are too few to prove, in a variety of cases, some justices have more collegial impact than others; Sandra Day O'Connor and Anthony Kennedy are frequent players, for instance, while Antonin Scalia is not.
But the most striking pattern is the absence of pattern; collegial consultation does not consistently move the Court to the…… [Read More]
Domestic Violence Against Men
Domestic violence, domestic abuse, dating abuse, intimate partner violence (IPV) or battering refers to a behavioral pattern in which one partner abuses another in an intimate relationship such as marriage, dating, cohabitation or within a family setup. Domestic violence takes different forms, the most common being physical assault i.e. hitting, shoving, kicking, biting, slapping, shoving objects and general physical violence. It can also take the form of threats including sexual and emotional abuse, intimidation, controlling or domineering, stalking, covert abuses as well as economic deprivation (Siemineiuk et al. 2010). It can be inflicted on or by both men and women (Adebayo, 2014).
Male domestic violence targets men inflicted by their partners. Though rare and hardly vocalized like its counterpart, violence against women, domestic violence against men is real. It occurs in every society though at varied degrees. The challenges faced when trying to collect statistics is…… [Read More]
The 1960s was a period that Americans remember as being a period bursting with activities and movements. There was a lot that these years brought out. Some of the things that the period is remembered for are the many movements, including the civil rights and hippies movements, evolution of art and music and a promotion of love and peace with activism against the war in Vietnam. There were many uprisings in the society, especially in terms of culture, with regard to politics and socially as well. As a result of this, a lot of change was experienced in society. The movements for the rights of African-Americans became very strong during this period and forced the then president Lyndon Johnston to push for a Civil Rights Act, which was enacted in 1964 by Congress.
Although the enactment of this Act was welcomed, it was not sufficient and thus, more…… [Read More]
omen on the Supreme Court: Do They Matter?
At present, there have only ever been four women to serve on the U.S. Supreme Court. If women and men are capable of coming to the same conclusions, the question emerges concerning whether it matters that there have been so few. To determine the facts, this paper discusses the gender composition of the Supreme Court and the extent to which, if any, that the meager female representation on the Court has mattered. Finally, a summary of the research and important findings concerning these issues are presented in the conclusion.
To date, four women, Sandra Day O'Connor (who is now retired from the Court), Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan have served as justices of the U.S. Supreme Court (oodruff 1). There are more women than men in the nation's population, though, at 50.8% versus 49.2%, respectively (U.S. population 1), so…… [Read More]
Discrimination and Affirmative Action
"Firefighting is a skilled job where all of the skills learned are on the job… It's a really good job, and it's been racially exclusive in most of our major cities…" (John Payton, NAACP) (Liptak, 2009, The New York Times)
orkplace issues that revolve around racial fairness and racial justice typically are highly charged with passion and contentiousness. The now notorious case of the Caucasian firefighters in New Haven, Connecticut -- who sued when they believed they were discriminated against -- is a classic case in point. This paper examines and critiques the many issues surrounding the case the firefighters brought to the U.S. Supreme Court.
The basic background of the case
The city of New Haven, Connecticut made a management decision to base future promotions of its firefighting units on a written test. This was 2003. According to Emily Bazelon (writing in Slate) the city…… [Read More]