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Judiciary Review and Private Property

Words: 2505 Length: 7 Pages Document Type: Capstone Project Paper #: 79191952

Judicial eview for Private Property

The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial eview, and Private Property: A Comparative Institutional Analysis." The tension which exists between property rights and democracy was examined by Cole in his article. Cole starts by focusing on the concerns shown by Madison regarding the protection of individual property rights within a democratic society and how this democracy proves to be a challenge for many of the property rights' notions (Cole, 2007).

A tension has always been there between democracy and the ownership of private property however, in Cole's point-of-view this tension has increased with the rise of the welfare state which basically involved making use of the private property for the public use. The notion of regulatory taking was introduced by Holmes according to…… [Read More]

References

Anderson, T. And McChesney, F. (2003). Property Right: Cooperation, Conflict and Law. Princeton University Press.

Brill, S. (2010). Government for Sale: How Lobbyists Shaped the Financial Reform Bill. Cover Story of Times Magazine.

Cole, DH (2007). Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis. The University of Chicago: Supreme Court Economic Review.

Kelo et al. (2005a). Petitioners V. City Of New London, Connecticut. On Writ Of Certiorari To The Supreme Court Of Connecticut.
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Judicial Appointments Bush's Judicial Appointments an Examination

Words: 1043 Length: 3 Pages Document Type: Essay Paper #: 83424362

Judicial Appointments

Bush's Judicial Appointments

An Examination of President George W. Bush's Judicial Appointments

During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Federal District Court judges. Judicial appointments can be one of a president's longest lasting legacies. The people President Bush named to the judiciary will be making decisions and affecting policy long after he leaves office. Courts today, especially the Supreme Court and appeals courts, make policy that has just as much of an impact on Americans' lives as do the laws that Congress passes. President Bush recognized this fact and took his power to appoint judges very seriously.

According to Christopher Miles (2010) it is hard to know exactly how the nomination process worked in the White House because those involved in the process have remained relatively silent; however some details have come to light.…… [Read More]

References

American University (2009, July 10) George W. Bush's appointments emphasized ideology over diversity. Newswise. Retrieved August 16, 2011, from  http://www.newswise.com/articles/george-w-bushs-court-appointments-emphasized-ideology-over-diversity 

Biskupic, J. (2008, March 14). Bush's conservatism to live long in the U.S. courts. USA Today. USATODAY.com. Retrieved August 16, 2011, from  http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm 

Eggen, D. (2008, October 7). Bush stresses judicial nominations. The Washington post. Washingtonpost.com. Retrieved August 16, 2011, from  http://www.washingtonpost.com/wpdyn/content/article/2008/10/06/AR2008100602851.html 

Miles, C. (2010). Cases and controversies: George W. Bush's appeals court nominations. Student pulse academic journal. 2.06. Retrieved August 16, 2011, from  http://www.studentpulse.com/articles/255/cases-and-controversies-george-w-bushs-appeals-court-nominations
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Judicial Appointments Constitution Qualifications for the U S

Words: 889 Length: 2 Pages Document Type: Essay Paper #: 13704368

Judicial Appointments

Constitution

Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment

Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of epresentatives, as a Senator, and as President of the United States? How do those respective qualifications differ?

Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of epresentatives: No Person shall be a epresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the…… [Read More]

References

"Equal protection." (2008). West's encyclopedia of American law, 2nd ed. The Free Dictionary. Retrieved August 30, 2011, from  http://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause 

Linder, D. (2011). Levels of scrutiny under the equal protection clause. Exploring constitutional conflict. Retrieved August 30, 2011, from  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm 

"The United States Constitution"(1787, September 17) .The United States constitution. Retrieved August 30, 2011, from  http://constitutionus.com/ 

"U.S. Constitution: Fourteenth Amendment." (1868, July 9). FindLaw.com. Retrieved August 30, 2011, from  http://caselaw.lp.findlaw.com/data/constitution/amendment14/
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Judicial Appointments Communication Read-Only Participants A Case

Words: 574 Length: 2 Pages Document Type: Article Review Paper #: 21009501

Judicial Appointments

Communication

ead-Only Participants: A Case for Student Communication in Online Classes

This article by Nagel, Blignaut, and Cronje' (2007) uses a mixed methods approach to investigate how online activity and discussion postings relate to learning and course completion and how student participation influences the learning community. The authors note that as more formal education course become available online, quality and non-completion remain a problem. etention and success rates in such courses and programs are frequently reported as typically lower than those delivered in a traditional classroom format. The purpose of this study was to investigate the importance of online visibility apparent in the quantity and quality of participation how this relates to the successful completion of a postgraduate online course.

Participants in the study were pursuing their Masters degree in an 8-week course on web-based distance learning in a computer integrated education course at the University of Pretoria…… [Read More]

References

Nagel, L., Blignaut, A.S., & Cronje, J.C. (2009, March). Read-only participants: a case for student communication in online classes. Interactive learning environments, Vol. 17, Issue 1, 37-51. Retrieved August 29, 2011, from http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?sid=be66d5c4-505c-476a-ab68-01aff1f04d53%40sessionmgr114&vid=4&hid=123
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Legislative & Judicial Duties

Words: 1100 Length: 3 Pages Document Type: Term Paper Paper #: 1663900

Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.

Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case…… [Read More]

Works Cited

American Civil Liberties Union (ACLU). "Safe and Free: Restore our Constitutional Rights."

Retrieved February 7, 2008, at  http://www.aclu.org .

Cornell University Law School. "United States Constitution: Article I." Retrieved February 7, 2008 at  http://www.law.cornell.edu/constitution/constitution.articlei.html .

Cutler, Leonard. "Human Rights Guarantees, Constitutional Law, and the Military Commissions
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Judical Review of Indefinate Detention

Words: 4831 Length: 14 Pages Document Type: Assessment Paper #: 99965301

The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla.

The government also argued that the District Court of the Southern District of New York did not have jurisdiction, since the prisoner was currently housed in Charleston, South Carolina (Padilla ex rel. Newman v. Bush, 2002). The Court rejected this argument in addition to making five other decisions: (1) Secretary of Defense umsfeld was the proper respondent to the habeas petition, (2) the Court had jurisdiction over umsfeld, (3) the President is authorized to designate Padilla an enemy combatant (without judging its merits) and therefore detain him for the duration…… [Read More]

References

Allen, Scott, Chaffee, Devon, and Hashemian, Farnoosh. (2007). Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality. Physicians for Human Rights and Human Rights First. Retrieved 18 May 2013 from  https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf 

ACLU (American Civil Liberties Union). (2012). Padilla v. Rumsfeld -- Legal Documents. ACLU.org. Retrieved 20 May 2013 from  http://www.aclu.org /national-security/padilla-v-rumsfeld-legal-documents.

Beattie, Michael and Stevens, Lisa Y. (2003). An open debate on United States citizens designated as enemy combatants: Where do we go from here? Maryland Law Review, 62, 975-1027.

CCR (Center for Constitutional Rights). (n.d.). Hamdi v. Rumsfeld (Amicus): Synopsis. CCRJustice.org. Retrieved 18 May 2013 from  http://ccrjustice.org/ourcases/past-cases/hamdi-v.-rumsfeld-%28amicus%29 .
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Judiciary Governing and Selection

Words: 674 Length: 2 Pages Document Type: Article Review Paper #: 46334682

Judicial eview

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]

References

Edsall, Thomas B. (2012). Cash and carry. The New York Times. Retrieved:

 http://campaignstops.blogs.nytimes.com/2012/02/26/cash-and-carry/?ref=supremecourt
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Courting Disaster This Study Reviews Pat Robertson's

Words: 2315 Length: 6 Pages Document Type: Book Review Paper #: 64275769

Courting Disaster

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]

References

Barrett, P., & Smolla, R.A. (2010). A year in the life of the Supreme Court. Durham [u.a.: Duke Univ. Press.

Edwards, L., & Meese, E. (2011). Bringing justice to the people: The story of the freedom-based public interest law movement. Washington, DC: Heritage Books.

Melashenko, E.L., & Smith, D.B. (2009). Rock-solid living in a run-amok world. Hagerstown, MD: Review and Herald Pub. Association.

Mu-ller-Fahrenholz, G. (2007). America's battle for God: A European Christian looks at civil religion. Grand Rapids, Mich. [u.a.: William B. Eerdmans Publ.
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Courting Disaster This Response Reviews

Words: 1272 Length: 4 Pages Document Type: Book Review Paper #: 82285371



Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the debate, believing that the bill would be ruled unconstitutional by the Supreme Court in that it violated first amendment laws, among other things (Robertson 2004,-page 234). hen the voted for or signed the bill as the case may have been, they believed that the court would ultimately overrule the other branches by finding the proposed legislation unconstitutional based on the text of the law itself. The Supreme Court, however, did not agree with this perspective and ruled the law legal.…… [Read More]

Works Cited

Appel, J.M. (2009, August 22). Anticipating the incapacitated justice. Huffington Post.

Center for Internet and Society. (2005). Pat Robertson suggests that Muslims shouldn't serve as judges. Stanford University Press: Stanford, CA. Retrieved from  http://cyberlaw.stanford.edu/blogs/chander/archives/003105.shtml 

Robertson, P. (2004). Courting Disaster: How the Supreme Court is usurping the Power of Congress and the People. Integrity: Brentwood, TN.
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Features of Review Writing Are

Words: 1722 Length: 6 Pages Document Type: Essay Paper #: 6031008



This is because majority of people who read theater reviews are knowledgeable and they will quickly tell if the reviewer is an expert or just an amateur. Therefore, according to Palmer (1988)

any theater critic should be an expert in one of these areas acting, directing, theater music, theater history, stage crafts, and drama history. Since Through the Wire is a new play, the reviewer has to comment on the script. Indicating how well or badly the script flows, and also how it intertwines the various characters.

Concentrating on the script and the characters within the script has ensured that the review does not take up much space than required Stefanova-Peteva and Stefanova 1993.

The characters have given life to the play and the script has been written as an account of real life stories.

eferences

McCallum, John. 2003. "Waiting for Godot & Endgame (review)." The Australian, 119-121.

-- --…… [Read More]

References

McCallum, John. 2003. "Waiting for Godot & Endgame (review)." The Australian, 119-121.

-- -- . 2004. "Brutalisation for the sake of our nation." The Australian, 015.

Palmer, R.H. 1988. The Critics' Canon: Standards of Theatrical Reviewing in America. WestPort, Connecticut: Greenwood Press.

Stefanova-Peteva, K., and K. Stefanova. 1993. Who Calls the Shots on the New York Stages? Newark, NJ: Harwood Academic Publishers.
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Court Process Judicial Process and Constitutional Issues

Words: 3346 Length: 10 Pages Document Type: Essay Paper #: 83236780

9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.

Week 5: Discussion

In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…… [Read More]

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Broad Judicial Discretion Regarding Juvenile Delinquency With Focus on the Future of Juvenile Justice

Words: 3688 Length: 12 Pages Document Type: Term Paper Paper #: 20953314

Future ole of the Juvenile Justice System in the United States

Young people are naturally prone to experimentation and impulsive behaviors that frequently result in their involvement with the law enforcement community, and police officers today generally enjoy wide latitude in resolving these incidents. In fact, in some if not most cases, police officers can release young offenders into the custody of their parents or guardians without the further involvement of the criminal justice system. Even when young offenders are arrested, though, the juvenile justice system tends to afford them with more leniency than their adult counterparts, due in part to the view that the role of the juvenile justice system is to rehabilitate rather than punish. These enlightened views of juvenile justice, though, are being replaced with "get-tough-on-crime" approaches in some states, and there remains a paucity of standardized models for states to follow. To gain some fresh insights…… [Read More]

References

Alridge, D.P. (2005, Summer). Introduction: Hip hop in history: Past, present, and future. The Journal of African-American History, 90(3), 190-193.

Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.

Boyd, T. (2002). The new H.N.I.C.: The death of civil rights and the reign of hip hop. New York:

Brookins, G.K. & Hirsch, J.A. (2002, Summer). Innocence lost: Case studies of children in the juvenile justice system. The Journal of Negro Education, 71(3), 205-210.
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Concept of Judicial Philosophy Social Security and Political Realism in the U S

Words: 968 Length: 2 Pages Document Type: Essay Paper #: 73256122

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]

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Brethren A Critical Book Review

Words: 1790 Length: 7 Pages Document Type: Term Paper Paper #: 22949134



Indeed, this understanding of the Marshall court comes full circle: The Court is the most cutting edge front of American legal society, casting decisions that are years ahead of what the general populace often wants, according to Armstrong and Woodward, but the Court is also a conservative vestige of administrations past because of lifetime tenure.

That is why the most influential Courts are those in which an appointed justice does not conform to the expectations of his presidential appointer, but rather strikes out on his or her own with a body of decisions that counter the president's and former administration's ideas.

Opinion

The viewpoint of Armstrong and Woodward as presented in "The Brethren" is a much more forgiving look at the Court's influence than the viewpoint presented in our text. However, "The Brethren" looks at the Court with its own jaded eyes as well. The book understands that justices are…… [Read More]

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Clinton Cole v Burns International

Words: 969 Length: 3 Pages Document Type: Term Paper Paper #: 3091839

As such, any valid arbitration agreement will be accordingly handled and implemented by the arbitrators on the case.

4) What specific steps can be taken effectively to change this legal outcome in future cases?

In the case of Clinton Cole vs. urns International Security Services, the Court decided against the plaintiff's request to render void the arbitration agreement signed by employee on the 5th of August 1991. In order to change the outcome of future similar legal cases, the employees need better arguments as to why the arbitration agreement should be considered null by the Court. Also, to convince the Court to rescind the agreement, the plaintiffs and their lawyers should focus on the issues that are not covered by the arbitration agreement.

For instance, employees could point out how the agreement refers to the "recruitment, employment and termination of employment by the Company; including, but not limited to, claims…… [Read More]

Bibliography

Clinton Cole vs. Burns International Security Services, 105 F.3d 1465 (D.C.1997)

NASD Arbitration, the Banks Law Office,  http://www.bankslawoffice.com/nasd-arbitration.php , last accessed on October 3, 2007

Edwards, Chief Judge, Summary of Opinion

Background of the Case
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Court Services Management

Words: 1519 Length: 5 Pages Document Type: Essay Paper #: 86848592

Court Systems

The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the different types of functions that a court serves. A investigation into the state of Colorado and its court structure will also be presented to help give a practical example of the court system. Finally, the essay will address quasi-judicial bodies and their impact on the courts and legal system.

The Basis for Authority

The United States Courts Government Website (n.d.), details a comprehensive overview of the basis of America's court system. The United States Constitution is understood to be…… [Read More]

References

Cornell University Legal Information Institute (ND). "Quasi-judicial." Viewed 15 Oct 2013. Retrieved from  http://www.law.cornell.edu/wex/quasi-judicial 

Linhares, G. (2012). Role of the State Court Administrator. National Center for State Courts, Trends in Courts, 2012. Retrieved from  http://www.ncsc.org/sitecore/content/microsites/future-trends-2012/home/leadership-and-the-courts/4-2-evolution-of-the-state-court.aspx 

The State Of Colorado. "Colorado State Court System." Viewed 15 Oct 2013. Retrieved from  http://www.courts.state.co.us/Courts/Index.cfm 

The United States Court (ND). "The Difference Between Federal and State Courts. Viewed 15 Oct 2013. Retrieved from  http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction/Diff  erencebetweenFederalAndStateCourts.aspx
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Judiciary Branch of Government

Words: 2747 Length: 6 Pages Document Type: Term Paper Paper #: 30098702

Judiciary Branch of Government in the United Kingdom

The Judiciary Branch of Government

Structure of the U.S. And UK Judiciary Branch

A Comparative Case Study

The structure of the judiciary branch of the government in the United States and the United Kingdom are quite different and the student which studies judiciary structure will readily agree with the statement of fact that textbooks in relation to the American government and politics pay substantial attention to the role of the judiciary; many textbooks on the government and politics of the United Kingdom have -- at least until recently -- virtually ignored the role of judges in the UK which leaves one asking exactly why that this is the case. . The purpose of this work is to research and examine the lack of information and attention to the role and function of the judicial branch of the UK government and to compare…… [Read More]

References:

Stevens, Robert (1979) Law and Politics: The House of Lords as a Judicial Body Weidenfeld and Nicolson, 1979

Countries of the World (1991) Embassy of the United Kingdom: Civil Courts [Online] at Highbeam Research.

Wise, D. & Cummings, M. Jr. (1981) Democracy under Pressure: An Introduction to the American Political System 4th ed. (1981) Harcourt Brace Jovanovich, Inc. ISBN: 0-15-517343-X. Lib. Congress No. 81-80036.

Civil law refers to offenses that are not of a heinous nature generally referring to white collar or non-violent crimes, or crimes that do not involve drugs or bodily harm to another individual.
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Marbury v Madison case

Words: 931 Length: 3 Pages Document Type: Essay Paper #: 24267607

Legal Issues Presented

With regard to deciding the Marbury v. Madison case, Chief Justice John Marshall faced the following three legal challenges. Firstly, was the petitioner entitled to the said writ? Secondly, did American laws permit the granting of this sort of writ to Marbury? Lastly, if the answer to the second question was in the affirmative, could this sort of writ be issued by the US Supreme Court?

With respect to the very first issue raised, the Chief Justice held that the petitioner had been appointed appropriately according to legally-set down procedures, thus being entitled to this writ. Furthermore, owing to the petitioner's legal entitlement to the commission, he should be offered a remedy by the law. Marshall further stated that the courts were especially duty-bound to safeguard citizens' rights -- even if it was against the nation's president himself. At that time, his ill-disguised reprimanding of President Thomas…… [Read More]

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Matching Terms Writ of Mandamus

Words: 1871 Length: 5 Pages Document Type: Term Paper Paper #: 58268701



8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..

b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..

c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..

d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.

e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…… [Read More]

A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.

10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)

The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
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VA Hospital Write About the Culture and

Words: 568 Length: 2 Pages Document Type: Essay Paper #: 12719297

VA Hospital

Write about the culture and diversity. Describe the population/individuals in the VA hospital work environment. efer to at least four of the characteristics (such as cultural imposition, economically, cultural awareness, ethnocentric and acculturation). Then, discuss which ones have the most potential for conflict and why?

The VA serves veterans from various backgrounds. The most notable include: Caucasians, African-Americans, Asians, Latinos and American Indians. The four characteristics that will have an impact on the VA include: economically, cultural awareness, ethnocentric and cultural imposition. ("VA Mental Health," 2011)

Economically, the VA is facing challenges with the total number of patients increasing to 2.06 million last year. This is adding to their case loads and overwhelming the resources of many facilities. In the future, this can create conflict with veterans not receiving the quality of care they deserve. Cultural awareness is understanding, the needs of various demographics of patients and what…… [Read More]

References

VA Mental Health. (2011). GAO. Retrieved from:  http://www.gao.gov/new.items/d1212.pdf 

Farrell, C. (2008). The Abortion Debate. Edina, MN: ABDO.

Tate, N. (2012). Obama Care Survival Guide. West Palm Beach, FL: Huxman.
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UK Constitution the Concept of

Words: 977 Length: 4 Pages Document Type: Essay Paper #: 57023930



Practical Limitations

From even the brief analysis of Dicey's doctrine examined above, it can be seen that the concept of parliamentary supremacy has never been practically implemented to its logical conclusion, and it is all but inconceivable that it ever would be. n addition to the sheer logical absurdity of a parliament answerable to absolutely no one, however, the modern era has provided many other concrete, explicit, and practical impediments to true parliamentary sovereignty. Some of these impediments have been domestic in nature, and thus could be considered untested if practically apparent; others, however, are international in nature and can be seen as constituting a conscious, willing, and explicit reduction of parliamentary supremacy.

Domestically speaking, there have been a series of judicial decisions that would seem to limit parliamentary supremacy, insisting that judicial review is necessary in the case o fcertain legal formations and applications (Allan, 2011). Others have noted…… [Read More]

It is in the international arena that the most significant and concrete limitations on parliament's supposed supremacy have been made, from many different angles and at varying degrees of concession or agreement by the United Kingdom and its parliament. The Human Rights Act passed by the European Union, for example, is a major piece of legislation that explicitly sets up courts and certain other bodies external to the United Kingdom that are explicitly granted sovereignty over certain issues (Anthony, 2002). There are other agreements with the European Union and other member nations, as well as decisions made within other European Union member nations that have been made applicable to other member nations and the European Union as a whole, that further limit the true sovereignty or supremacy of the United Kingdom's parliament both when it comes to the nation's external actions and in some of its domestic affairs (Weatherhill, 2007; Harker et al., 2011). All such agreements explicitly and directly negate the notion of parliamentary supremacy.

Conclusion

It is clear from even a basic analysis that the concept of parliamentary supremacy is not applicable in the modern era, and was ultimately incorrect when the doctrine was first advanced. While parliament holds supremacy in that it is the highest body within the government in the United Kingdom, in practice the parliament is limited by certain codified and un-codified laws and principles. Understanding this is essential t properly understanding UK constitutionality.
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Political Science Annotated Bibliography

Words: 4560 Length: 15 Pages Document Type: Term Paper Paper #: 55177510

olitical Science

Annotated Bibliography

The urpose of a olitical Court

In the view of Henry J. Abraham (Abraham 1998, 55), "theoretically," just about any qualified law school graduate with ambitions for an important judicial appointment would appear to have a fair chance at being nominated to the U.S. Supreme Court. That is providing, of course, the candidate is politically "available" and is, in Abraham's words, "acceptable to the executive, legislative, and private forces that, in the order enumerated, constitute the powers-that-be underlying the paths of selection, nomination, and appointment in the judicial process." key phrase in Abraham's criteria is "acceptable to the...legislative" body; as has been witnessed in the past few days and weeks, some of the conservative judicial nominees - not for the High Court but put forward by resident George W. Bush for federal appeals courts slots - have not been "acceptable" to a sufficient number of U.S.…… [Read More]

Peter W. Sperlich. "...And then there were six: the decline of the American Jury," in Judicial Politics: Readings from Judicature, ed. Elliot E. Slotnick (Chicago: Nelson-Hall, 1992), 244.

Michael C. Munger, "Comment on Ferejohn's 'Judicializing Politics, Politicizing Law'," Law and Contemporary Problems 65 (Summer 2002): 87.

Jonathan Harr, A Civil Action (New York: Random House, 1995), 488.
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Judges Code of Conduct Improvement Strategies

Words: 1566 Length: 5 Pages Document Type: Essay Paper #: 50843007

Judicial Impropriety in United States Supreme Court

A judicial impropriety occurs when a judge disregards existing legal standards expected of him /her when they are discharging their roles during judicial proceedings. For instance, a judge who does not base his or her ruling on the evidence provided and the applicable laws but disregards a defendant while giving undue advantage to the prosecutor or the litigant commits judicial impropriety (Leyland & Anthony, 2016). Judicial impropriety has been reported Judiciary of the United States on several occasions. For instance, Judge Sharon Keller of the Court of Appeal in Texas was accused of judicial impropriety when he ordered the closure of the courtroom by 5 pm. She did so with the intention of blocking an appeal by a person sentenced to execution (Equal Justice Initiative, 2015). Such cases exemplify the extent of judicial impropriety in the American judicial system.

Several factors contribute to…… [Read More]

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European Parliament and the European

Words: 3708 Length: 10 Pages Document Type: Essay Paper #: 81210362

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]

Works Cited

"Article 230." Treaty of Nice. 2000. University College Cork. 25 Aug. 2009

.

Case 70/88, European Parliament v. Council of Ministers, Judgment of the ECJ of 22 March

1990, European Court Reports 1990, p. I-2041.
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Criminal Justice System in Two Countries

Words: 4897 Length: 12 Pages Document Type: Term Paper Paper #: 49687414

Criminal Justice System

Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.

Defining extrajudicial executions and deaths in detentions:

Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…… [Read More]

References

Ackerman, S.R. (n.d.). Independence, political interference and corruption. Retrieved from:  http://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CB8QFjAB&url=http%3A%2F%2Fresources.transparency.bg%2Fdownload.html%3Fid%3D674&ei=nmSFVJjfJsX3UIzXgpAL&usg=AFQjCNG3iXhyvEpGajwTxpO_2SO2oFiECw&sig2=qZhx2nM7AmhxVKqpdVdtOA&bvm=bv.80642063,d.d24 

BAR Human Rights Committee of England and Wales. (2010). A Place in the Sun Zimbabwe: A Report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September. Retrieved from: www.barcouncil.org.uk/media/144602/7351_bhrc_zimbabwe_report.pdf

Barkow, R.E. (2008). Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law. Stanford Law Review 61, 869-922.

Barzelay, M. (1992). Breaking through bureaucracy. Berkeley: Univ. Of CA Press.
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Relevance and Effective of the

Words: 6848 Length: 25 Pages Document Type: Thesis Paper #: 37098702



The chambers approach may be more suitable for states that seek a quick resolution to a particular dispute or for other compelling reasons; however, like the full Court, these alternatives are likewise voluntary in nature and require the consent of the disputants to have the case heard by one of the three foregoing chamber types. According to the Court's published information concerning "Chambers and Committees" (2009), "Despite the advantages that chambers can offer in certain cases, under the terms of the Statute their use remains exceptional. Their formation requires the consent of the parties. While, to date, no case has been heard by either of the first two types of chamber, by contrast there have been six cases dealt with by ad hoc chambers."

Given the significant representation by most of the countries of the world in the UN, the UCJ has the capability to provide a valuable forum in…… [Read More]

References

Alvarez, Jose E. And Thomas M. Franck, "Judging the Security Council." American Journal of International Law, 90(1), 2 (1999).

Basic Facts about the United Nations, Department of Public Information. New York: United

Nations (2004).

Black's Law Dictionary. St. Paul: West Publishing Co. (1990).
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Hybrid Rulemaking

Words: 1272 Length: 4 Pages Document Type: Essay Paper #: 40534821

Administrative Law and Procedure Act Delegation Doctrine

Administrative law is a subtype of the public legal framework. Administrative law developed as a legal setup to govern the actions of administrative bodies in the country. Governmental agencies have the power to create new laws, and they have the authority to enforce a specific piece of legislation as well. The core objective behind operationalization of administrative agencies is to provide safety to public. The same set of laws works to provide legal service to the people, so that their conflicts can be managed in a civilized way. Administrative law covers the important sectors of the judiciary, environmental management, production, corporate actions, and broadcasting. Additionally, administrative law covers the public policy about taxations, immigrations, and transport (Stewart, 1975). The volume of administrative law increased in the past century. Governments all around the world created an increasing number of agencies in order to regulate…… [Read More]

References

Bevan, C. (2013). Interpreting Statutory Purpose -- Lessons from Hemshaw v London Hounslow Borough. Modern Law Review Vol 76 (4), 735-756.

Stewart, R.B. (1975). The Reformation of American Administrative Law. Harvard Law Review Vol 88 (8), 1667-1813.

Williams, S.F. (1975). "Hybrid Rulemaking" under the Administrative Procedure Act: A Legal and Empirical Analysis. The University of Chicago Law Review Vol 48 (3), 401-456.
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Living Constitutionalism

Words: 3355 Length: 11 Pages Document Type: Term Paper Paper #: 82896742

Living Constitutionalism

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]

References List

Alstyne, William Van. 2010. "Clashing Visions of a "Living" Constitution: Of Opportunists and Obligationists." Cato Supreme Court Review 13-26.

Balkin, Jack M. 2012. "Panelist Papers: The Roots of the Living Constitution." Boston University Law Review 92, 4:1129-1160.

Denning, Brannon P. 2011. "Common Law Constitutional Interpretation: A Critique." Constitutional Commentary 27, 3:621-645.

Dodson, Scott. 2008. "A Darwinist View of the Living Constitution." Vanderbilt Law Review 61, 5:1319-1347.
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Race Discrimination Justice Discrimination Race Discimination Criminal

Words: 1518 Length: 6 Pages Document Type: Essay Paper #: 91802995

ace Discrimination Justice

Discrimination

ACE DISCIMINATION CIMINAL JUSTICE

ace and Discrimination in the Criminal Justice System

acial inequality has long been an issue in the American society. Despite making substantial progress in creating a more racially equal society, there are still many issues involving race and discrimination that can be found today. The criminal justice system was designed to treat all individuals equally under the law. However, covert racism and discrimination still plague the system and many minorities are adversely impacted and are not treated equally under the law. While most judges and public officials profess a strong dedication to remaining racially impartial, the evidence suggests otherwise. This literature review will focus on various points that indicate that there is a substantial amount of inequality to found within the criminal justice system in our modern society.

Background

acial differences in the criminal justice system have been important topics since the…… [Read More]

References

Crutchfield, R., Fernandes, A., & Martinez, J. (2010). Racil and Ethnic Disparity and Criminal Justice: How Much is Too Much? The Journal of Criminal Law & Criminology, 903-932.

Green, E. (1991). Judicial Attitudes in Sentencing - A Study of the Factors Underlying the Sentencing Practice of the Criminal Court of Philidelphia. National Criminal Justice Reference Service, 157.

Gross, S. (1997). Crime, Politics, and Race. Harvard Journal of Law & Public Policy, 405-416.

Staples, R. (2009). White Power, Black Crime, and Racial Politics. The Black Scholar, 31-41.
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Function of the American Government the American

Words: 3137 Length: 10 Pages Document Type: Essay Paper #: 77559875

Function of the American Government

The American government has had a long-standing checks-and-balances efficiency within its three-branch system. Because of the separate governable powers within the legislative, executive, and judicial branches of the United States, American law has been approved after many constant revisions and discussions. It is extremely commendable that the legislative branch takes into account the representation of both "state" and "people." This is not to say, of course, that the government system of the United States is utterly perfect; the executive branch certainly holds a bit more power within the government than one would like.

One major positive effect of the passing of laws is the representation included within those laws. Long before the House-and-Senate solution of Congress, there was always the problem of representation amongst the population of the respective states. State borders vary in land mass and population; how does one reconcile a largely-populated state…… [Read More]

References

Dahl, Robert. (1977). "On Removing Certain Impediments to Democracy in the United States." Political Science Quarterly 92(1), pp. 1-20. The Academy of Political Science.

Lieberman, Robert. (2011). "Why the Rich are Getting Richer: American Politics and the Second Gilded Age." Foreign Affairs.

Putnam, Robert D. (1996). "The Strange Disappearance of Civic America." The American Prospect 24, pp. 34-48.

Short Answer Questions -- Part Two
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Supreme Court and Merrick Garland

Words: 983 Length: 3 Pages Document Type: Essay Paper #: 74477023

counter-majoritarian difficulty is what some refer to as the most well-known issue in constitutional theory. A phrase created by Alexander Bickel, the Yale Professor introduced it in his book titled The Least Dangerous Branch: The Supreme Court at the Bar of Politics. Although it is not certain what Bickel meant by making that phrase, it grew to have a life of its own. Essentially now it means when unelected judges nullify the actions of legislators/electedexcutives through utilization of the power of judicial review, acting contrary to the will of the majority as conveyed by representative institutions.

Those that consider democratic majoritarianism of great political value may see this aspect of judicial review as challenging. However, in the days when civil rights were nonexistent and people were having their personal rights violated, this aspect of judicial review provided the push to change laws, and inevitably, change society. Therefore, a majority of…… [Read More]

References

Baum, L. (2016). The Supreme Court (12th ed.). SAGE/CQ Press.

Kraft, M. & Furlong, S. (2012). Public Policy: Politics, Analysis, and Alternatives, 4th Edition (4th ed.). CQ Press.

Rosenbloom, D. & O'Leary, R. (1997). Public administration and law. New York: M. Dekker.

Rosenbloom, D., O'Leary, R., & Chanin, J. (2010). Public administration and law. BocaRaton, Fla.: CRC Press.
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American Government in the Beginning

Words: 606 Length: 2 Pages Document Type: Essay Paper #: 92592310

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]

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Neo-Confucianism Is a Philosophy Which Was Born TEST1

Words: 1139 Length: 3 Pages Document Type: Term Paper Paper #: Array



This relationship between the executive and legislative branches in North Carolina is similar to that of Texas, which also has a bicameral legislature made up of representatives elected every two years to its house of representatives and senate. Texas also has elected Texas Supreme Court Justices, Appeals Courts, and District Court Divisions with justices elected to six-year terms. The longer term is presumably intended to isolate the justices somewhat from the need to please the populace. The governor is also elected every four years in Texas. (Texas Online, 2006)

The delegation of authority to local governments: hat structure and powers do the cities, counties, and other forms of local government have in the state?

In North Carolina the state has the authority to exercise its police powers to protect public health, safety, and welfare on both a local and state level. Local governments have been delegated the authority to regulate…… [Read More]

Works Cited

How a bill becomes a law." North Carolina Research Division. 2006. [14 Oct 2006]  http://www.ncleg.net/NCGAInfo/Bill-Law/bill-law.html 

How a judge becomes a judge." North Carolina Research Division. 2006. [14 Oct 2006] http://www.aoc.state.nc.us/www/homecourt/howjud.html

Lt. Governor says all schools need automatic defibrillators." Texas State Senate Press

Release. Texas State Senate Webpage October 9,2005. [14 Oct 2006]  http://www.senate.state.tx.us/75r/senate/new.htm
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Labor Relations Collective Bargaining

Words: 645 Length: 2 Pages Document Type: Case Study Paper #: 43883825

Labor elations/Collective Bargaining

The discussion below is a review of the case between Mach Mining and EEOC

A close look at the sex discrimination case against March Mining LLC, EEOC, and the respondent decided that there was enough ground to believe that the company engaged in hiring malpractices. Mach Mining LLC and the complainant were requested to attend conciliatory proceedings. They were also notified that an appointed representative would contact them to start the meetings. After one year, Mach Mining was sent a letter notifying them that the conciliation process had hit a deadlock and, thus, failed. The commission formally sued Mach Mining in the federal court. Mach Mining on its part claimed that the commission had not made the conciliatory efforts in good faith. The commission sought to demonstrate that it had fulfilled its judicial responsibility, and pointed out the act of sending Mach Mining the letters (MACH MINING,…… [Read More]

References

(n.d.). Home - Supreme Court of the United States. MACH MINING, LLC v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Retrieved September 2, 2016, from  http://www.supremecourt.gov/opinions/14pdf/13-1019_c1o2.pdf 

(2015). National Law Review: latest business law news and legal analysis. Supreme Court's Decision in Mach Mining Impacts Employers' Approach to Conciliation with the EEOC - The National Law Review. Retrieved September 2, 2016, from  http://www.natlawreview.com/article/supreme-court-s-decision-mach-mining-impacts-employers-approach-to-conciliation-eeoc
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Basic Elements of a Contract

Words: 1701 Length: 5 Pages Document Type: Research Paper Paper #: 88544214

Contract Law

For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws…… [Read More]

References

Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).

AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).

Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.

Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.
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Anti-Arab Racism the Objective of

Words: 3088 Length: 10 Pages Document Type: Research Proposal Paper #: 48277422

This is also possibly the least well-documented phenomenon in the racializing of Arabs and Muslims leading to the widespread acceptance of profiling and related loss of civil liberties." (2002)

The work of Nicole J. Henderson (2001) entitled: "Law Enforcement & Arab-American Community Relations After September 11, 2001" reports a study in which Arabs living in the United States were interviewed. Henderson reports that when asked about hate crimes "...community respondents across sites mentioned fear of government policies, at times equating the detention of Arab men and special registration with hate crimes. Another leader felt that "before 9/11, there were always questions of bias from people -- from individuals -- but not ever about the government and the police." A business leader commented in response to whether or not hate crimes were a problem in his community, "Now we're dealing with another prejudice. Right now, this is a very serious problem…… [Read More]

Bibliography

El-Amine, Rami (2006) Anti-Arab Racism, Islamophobia, and the Anti-War Movement. Left Turn Magazine. 1 Oct. 2006.

Akram, Susan M. (2002) the Aftermath of September 11, 2001: The Targeting of Arabs and Muslims in America. Arab Studies Quarterly March 2002.

Ibish, Hussein and Stewart Anne (2003) Report on Hate Crimes and Discrimination Against Arab-Americans. The Post- September 11 Backlash. American-Arab Anti-Discrimination Committee. Online available at http://www.adc.org/hatecrimes/pdf/2003_report_web.pdf

Gott, Gil (2005) the Devil We Know: Racial Insubordination and National Security Law. Villanova Law Review 2005. Online available at (http://biblioteca.rrp.upr.edu/LatCritCD/Publications/PublishedSymposium/LCIXVillanova&SetonHall%20(2005)/20LCIXGGot.pdf
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Oversight in Policing Police Wrongs

Words: 2318 Length: 7 Pages Document Type: Essay Paper #: 77329548

The decree also requires a negotiation with the police union and representation by attorney. (Simmons, 2008) Thus there are problems and countermeasures that could effectively bring down the power of investigating complaints.

(d) Critique the effectiveness of citizen oversight as a police management tool, and early warning device:

The tracking system essentially consists of identifying personnel who are exhibiting chronic misconduct patterns. This system could check the unconstitutional violations both with the citizens and within the department as a whole. The intervention systems are good in managing the police and are based on the principle of preventing misconduct by monitoring the police. It was as stated by the Christopher Commission's analysis of one thousand eight hundred Los Angeles police officers showed that the top five percent of the officers were involved in 20% of complaints and the top 10% accounted for 33%. (Simmons, 2008)

Following that the early warning system…… [Read More]

References

Alexander, Arthur. (2005) "Panel Polishes Police Oversight System"

The Register-Guard, p. d1.

Fielding, Nigel. (1995) "Community Policing."

Clarendon Press: Oxford.
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Motor Vehicle Association V State

Words: 1688 Length: 6 Pages Document Type: Research Proposal Paper #: 55786712

Most experts believe, though, that the Supreme Court's decision chastising the NHTSB was instrumental in its increased diligence and oversight regarding airbag implementation and safety measures.

Additionally, the NHTSA has a clear mandate, despite the allusion to evidence in the Court case that there may have been undue pressure placed upon the organization due to auto manufacture's complaints about rising costs for safety devices in a down economy (the late 1970s and early 1980s). However, according to their own site:

NHTSA was established by the Highway Safety Act of 1970 to carry out safety programs previously administered by the National Highway Safety Bureau. Specifically, the agency directs the highway safety and consumer programs established by the National Traffic and Motor Vehicle Safety Act of 1966, the Highway Safety Act of 1966, the 1972 Motor Vehicle Information and Cost Savings Act, and succeeding amendments to these laws (nhtsa.dot.gov).

The NHTSA should…… [Read More]

REFERENCES

Evans, L. Traffic Safety. Science Serving Society, 2004.

National Highway Traffic Safety Administration. National Traffic and Motor Vehicle Safety

Act of 1966. U.S. Government Printing Office, 1985.

Pratt, L. "Work Related Roadway Crashes." National Institute for Occupational Safety.
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Sierra Club v Morton 405

Words: 787 Length: 2 Pages Document Type: Term Paper Paper #: 39463976

Any allegations of individualized injury is superfluous, they alleged, on the theory that this was a "public" action involving questions as to the use of natural resources.

The Holding was that a person has standing to seek judicial review under the Administrative Procedure Act only if he can show that he himself has suffered or will suffer injury, whether economic or otherwise. In this case, where petitioner asserted no individualized harm to itself or its members, it lacked standing to maintain the action. Sierra Club relies on 10 of the Administrative Procedure Act, which accords judicial review to a "person suffering legal wrong because of agency action, or [who is] adversely affected or aggrieved by agency action within the meaning of a relevant statute."

On the theory that this was a "public" action involving questions as to the use of natural resources, the District Court granted a preliminary injunction. The…… [Read More]

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American Colonial Experience and the Articles of

Words: 922 Length: 3 Pages Document Type: Term Paper Paper #: 51499634

American Colonial experience and the Articles of the Confederation influence the content of our Constitution?

he American colonies existed as separate political entities. he only attempt to consolidate any of the colonies under one united government was that of the ill-fated "Dominion of New England," an attempt to reign in the independent colonies by a monarchy (that of James II) that was thought by many to want to 'catholicize' the Anglican church in the late 1680's. Administration had to be done at a local level because of the inferior condition of the roads. he advent of newspapers and printing presses in the mid-1700's was really the first non-commercial link between colonies; often colonies had been openly hostile to one another. For instance, dissenters that disapproved of the government of Massachusetts founded Conneticut, New Haven, and Rhode Island. he consolidation or division of colonies, when it occurred, happened by skillful diplomacy…… [Read More]

THE SUPREMACY DOCTRINE basically states that national laws have supremacy to state laws. This is why the Bush administration can tell California to 'reign in' their medical marijuana laws. Because national law is predicated on the dogmatic belief that marijuana has no medical uses, it is what is considered a 'schedule one' drug such as heroin or LSD.

c. In this context, JUDICIAL REVIEW is the power of a court to review a law or an official act of a State for the violation of basic principles of justice. If DEA agents or federal marshals were to arrest a pharmacist for selling marijuana, the case would ultimately represent the interests of California vs. those of the federal government and be taken to the Supreme Court, the highest court in the land. (no pun intended)

D. FEDERALISM is the idea that the national government should have jurisdiction over state or local governments. Whereas originally the central government derived its power from the States (people after the revolution would say 'the United States are,') currently administrative law is the law of the land; for instance, executive orders take precedence over even Constitutional law. In the context of the medical marijuana debate, California would not be able to maintain policies that violated federal law. In extreme examples such as that of school integration in the 1950's, the federal government has even sent federal marshals to uphold federal laws.
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Death Penalty and Race Arguments

Words: 4823 Length: 15 Pages Document Type: Term Paper Paper #: 45563116

Statistics show that black murderers are far more likely than white murderers to get the death penalty, especially if the victim was white. Blacks make up 12% of the population but 40% of the population on death row, as noted. Georgia can serve as a case in point. Statistics show that a black man accused of killing a white person in Georgia is substantially more likely to receive the death penalty than a white person convicted of killing either a white or a black, and forty-six percent of the inmates on Georgia's death row are black, with most on death row for killing a white person. The situation is much the same in the 35 other states that have capital punishment. In Maryland, blacks make up nearly 90% of the prisoners on death row; in Illinois, 63%; and in Pennsylvania, 60%. The disparity nationwide is even greater when the race…… [Read More]

References

Aguirre, a., Jr., & Baker, D.V. (1991). Race, racism, and the death penalty in the United States. Berrien Springs, Michigan: Vande Vere Publishing.

Amnesty International (1999).. Killing with prejudice: race and the death penalty. Amnesty International, Pub. No. AMR 51/52/99. London: Amnesty International.

Baldus, D.C., Woodworth, Q., & Pulaski, C.A., Jr. (1990). Equal justice and the death penalty: A legal and empirical analysis. Boston: Northeastern University Press.

Baldus, D.C., Woodworth, G., Zuckerman, D., Weiner, N.A., & Broffitt, B. (1998). Racial discrimination and the death penalty in the post-Furman era: An empirical and legal overview, with recent findings from Philadelphia. Cornell Law Review 83:1638-770
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Criminal Gang Enhancements in Sentencing

Words: 3593 Length: 9 Pages Document Type: Term Paper Paper #: 19512086

S. Senator Dianne Feinstein. The legislation makes the provision of over $ billion in funding "for gang prevention, intervention and law enforcement programs over five years and establishes new crimes and tougher penalties to deter and punish members of illegal street gangs." (Feinstein, 2007) the legislation proposed by Feinstein would make illegal participation in a criminal street gang a federal crime. The legislation criminalizes violent crimes in furtherance or in aid of criminal street gangs and creates a new criminal offense for murder and other violent crimes committed in furtherance of a drug trafficking crime. Under the present law, "a felon's criminal street gang involvement can be treated at most as a sentencing enhancement, adding no more than 10 years to a sentence. This bill establishes far higher penalties for violent gang crimes, including the possibility of life imprisonment without parole for murder, kidnapping, aggravated sexual abuse, or maiming. If…… [Read More]

Bibliography

Matthews, D. And Ruzicka, K. (2000) Proposition 21: Juvenile Crime. Capital Center for Government and Law Policy - California Initiative Review. March 2000 initiatives - Proposition 21. Pacific McGeorge School of Law. Online available at  http://www.mcgeorge.edu/government_law_and_policy/california_initiative_review/march_2000/ccglp_cir_march2000_prop_21.htm .

McKim, J.B. And Rhor, Monica (2007) Justice by Geography (Orange County Register) 3 June 2007. Online available at http://dist08.casen.govoffice.com/index.asp?Type=B_PR&SEC=%7BE917F382-8B46-4C4E-976E-64261965F209%7D&DE=%7BCA01ACE7-2B51-4E14-8DE4-3C7CC3E4DDFB%7D

Governor Scwarzenegger Endorsees Senator Feinstein's Comprehensive Gang Legislation. (2007) United States Senator Dianne Feinstein California. 20 March 2007. Online available at  http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=7189577e-cc9b-d379-16f3-c9194d249b56&Region_id=&Issue_id= 

Velasquez, N. (2007) L.A. City Attorney Delgadillo Establishes New Policy Regarding Gang Injunction Violations: New Policy Enables Check of Convicted Gang Injunction Violators' Residency Status. 5 April 2007. Online available at  http://www.lacity.org/atty/index/attyindex56044369_04052007.pdf .
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Postwar Japanese Economy

Words: 4090 Length: 12 Pages Document Type: Term Paper Paper #: 42563902

Post-orld ar II Japan: A Nation in Transition

Devastated by the Allies in orld ar II, Japan has emerged as one of the world's most economically and technologically advanced societies today. Some observers have suggested that the "Japanese miracle" was the result of a collusion between the government and industry to prosecute economic growth through a series of subsidies and favorable business climates, while others maintain this explosive growth was due to the industrious and business-savvy Japanese people themselves. In order to determine which is correct, this paper will provide a review of Japan from the time of the signing of the peace treaty bringing an end to orld ar II and the years that followed. A review of the peace treaty and what was demanded of Japan to bring an end to the war after the bombing of Nagasaki will be followed by an examination of the role of…… [Read More]

Works Cited

Carlile, Lonny E. And Mar C. Tilton. Is Japan Really Changing Its Ways? Regulatory Reform and the Japanese Economy. Washington, DC: Brookings Institution Press, 1998.

Johnson, Chalmers. Miti and the Japanese Miracle: The Growth of Industrial Policy, 1925- 1975. Stanford, CA: Stanford University Press, 1982.

Moore, Joe. The Other Japan: Conflict, Compromise, and Resistance since 1945. Armonk, NY: M.E. Sharpe, 1997.

Nakamura, Takafusa, The Postwar Japanese Economy, 2nd ed., Tokyo: University of Tokyo Press, 1995.
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UK Immigration and European Convention

Words: 8560 Length: 27 Pages Document Type: Research Proposal Paper #: 4227806

In the event that the analysis of records of telephone, e-mail and internet use was considered to amount to an interference with respect for private life or correspondence, the Government contended that the interference was justified. First, it pursued the legitimate aim of protecting the rights and freedoms of others by ensuring that the facilities provided by a publicly funded employer were not abused. Secondly, the interference had a basis in domestic law in that the College, as a statutory body, whose powers enable it to provide further and higher education and to do anything necessary and expedient for those purposes, had the power to take reasonable control of its facilities to ensure that it was able to carry out its statutory functions. It was reasonably foreseeable that the facilities provided by a statutory body out of public funds could not be used excessively for personal purposes and that the…… [Read More]

Bibliography

ECHR Case Law - Copland vs. United Kingdom European Court of Human Rights - Council of Europe Copland vs. United Kingdom 3 April 2007 Violation of Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Legile Inernetului (2009) Online available at http://www.legi-internet.ro/english/jurisprudenta-it-romania/decizii-cedo/copland-vs.-united-kingdom-echr-case-law.html

Vermeulen, Mathias (2009) UN Special Rapporteur Releases Report on the Role of Intelligence Agencies in the Fight Against Terrorism. 27 Feb 2009. Online available at  http://legalift.wordpress.com/2009/02/27/un-special-rapporteur-releases-report-on-the-role-of-intelligence-agencies-in-the-fight-against-terrorism/ 

Recent Case Law on Asylum and Immigration (2008) Migration Watch.

UK ASYLUM LAW and PROCESS in the human rights law [3.1.6] section of the guide: 3.1.6|1 the IMPACT of HUMAN RIGHTS LAW; and 3.1.6|2 USEFUL RESOURCES (ICAR) 2008. Online available at http://www.icar.org.uk/7013/31-law-and-process/316-human-rights-law.html
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Cass Sustein's Politics by Other Means Which

Words: 3052 Length: 10 Pages Document Type: Term Paper Paper #: 99521527

Cass Sustein's Politics By Other Means, which was published in New Republic in 2002; Mark Green's The Evil of Access, which was published in The Nation in 2002; Bill Moyers' Journalism and Democracy, which was published in The Nation in 2001; Anthony King's Running Scared, which was published in Atlantic Monthly in 1997; and, Peter Ford's Why Do They Hate Us?, which was published in the Christian Science Monitor in 2001.

The paper includes a synopsis of the main points of each essay, and an evaluation of the main points of each essay.

Cass Sustein's Politics By Other Means, is basically a review of Kenneth Starr's book First Among Equals: The Supreme Court in American Life. The essay looks at the Rehnquist Court and its successor, and compares the two, from the viewpoint of the author, and also of Starr, through the review of his book. It is argued that…… [Read More]

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An indepth analysis of Black Women Diversity and Inclusion Programs

Words: 2833 Length: 12 Pages Document Type: Term Paper Paper #: 96683840

Black Women in White Male Industries

evise and esubmit

You have chosen in this paper a topic that has both national and international significance. How indeed inclusive, fair, and just are so called "inclusion or set-aside" initiatives? How open and accessible are the programs to new immigrants and minorities? These are all very interesting questions that your paper raises.

But you don't fully address whether or not the rational approach considers such programs to be either fair, effective, and even legitimate. Are these programs acceptable or legitimate in the eyes of a policy analyst or maker who subscribes to the rational choice perspective? Why and why not? Your paper also seems to contain a few sentences at the end that are not properly paraphrased but yet are not under quotation marks. This needs to be paraphrased or removed or quoted to avoid plagiarism.

Please find below your Paper 1 Grade…… [Read More]

References

Clemons, R., Mcbeth, M., (2001). Public Policy Praxis: A Case approach for understanding policy and analysis.

Gigerenzer, G., & Selten, R. (Eds.). (2001). Bounded rationality: The adaptive toolbox. Cambridge, MA: MIT Press.

Gigerenzer, Gerd. (2001). Decision-Making: Nonrational Theories, International Encyclopedia of the Social and Behavioral Sciences, Vol. 5, pp. 3304 -- 3309

Miller, G. (2004). Frontier Masculinity in the oil industry: The experience of women engineers. Gender, Work & Organization, 11(1): 47-73.
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Labor Relations Collective Bargaining

Words: 2165 Length: 2 Pages Document Type: Essay Paper #: 91974793

Black Women in White Male Industries

evise and esubmit

You have chosen in this paper a topic that has both national and international significance. How indeed inclusive, fair, and just are so called "inclusion or set-aside" initiatives? How open and accessible are the programs to new immigrants and minorities? These are all very interesting questions that your paper raises.

But you don't fully address whether or not the rational approach considers such programs to be either fair, effective, and even legitimate. Are these programs acceptable or legitimate in the eyes of a policy analyst or maker who subscribes to the rational choice perspective? Why and why not? Your paper also seems to contain a few sentences at the end that are not properly paraphrased but yet are not under quotation marks. This needs to be paraphrased or removed or quoted to avoid plagiarism.

Please find below your Paper 1 Grade…… [Read More]

References

Clemons, R., Mcbeth, M., (2001). Public Policy Praxis: A Case approach for understanding policy and analysis.

Miller, G. (2004). Frontier Masculinity in the oil industry: The experience of women engineers. Gender, Work & Organization, 11(1): 47-73.

Williams, C., Kilanski, K., Muller, C. (2014). Corporate diversity programs and gender inequality in the oil and gas industry. Work and Occupation, 41(4): 440-476.
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Value of the Traditional Managerial Approach to

Words: 1466 Length: 4 Pages Document Type: Essay Paper #: 63911420

value of the traditional managerial approach to public administration?

Accountability

Economy

Effectiveness

Providing for political representation in public administration

Which of the following best describes "externalities"?

They are profits

They are always in the public interests

They are costs absorbed by the manufacturers of products

They are created by economic activities but not accounted for in market transactions

The judiciary's power to dispense with the harsh application of law is known as:

Adjudication

Equal protection

Equity

Constitution:

Comprehensively provides for federal and state administration

Comprehensively provides for federal administration

c. Contains no provisions for public administration

None of the above

Which of the following is not associated with the traditional managerial approach to public administration?

a. Max Weber

b. Paul Appleby

c. Woodrow Wilson

d. Frederick Taylor

6. Public Administration resembles private management in that:

a. It is profit-seeking

b. It regulates the public at large

c. It provides services…… [Read More]

References

Fanning, Fred. (n.d.). Public sector safety professionals: Focused on activity or results? Best of the Best Newsletter. Retrieved:  http://www.asse.org/practicespecialties/publicsector/docs/PSPS%20Best-of-the-Best%20Newsletter%20Article%202006-2007.pdf 

Fessler, Pam. (2012). Struggling families lift themselves out of poverty. NPR. Retrieved:

 http://m.npr.org/news/front/155932539?page=2
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Designing a New Regulatory Framework

Words: 11210 Length: 37 Pages Document Type: Multiple Chapters Paper #: 31823066

e., the company) that has technical control over telecommunications networks and thus technical ability to access communications, versus a party that is duly authorized to actually access those communications via a warrant (Mares, 2002). Although, as is consistent with the British model of legal evolution that relies heavily on interpretation of judicial action and precedent rather than overt legislative action, there have been no new statues issued in the intervening decade. The only other guiding document for law enforcement and judicial authorities to rely on regarding interception activity is a Code of Practice that was issued by the Home Secretary in 2002 (Interception of Communications: Code of Practice, 2002). This document provides more detailed procedural guidance and to some extent interpretation of the IPA.

The table below summarizes the key milestones in the evolution of the United Kingdoms' regulatory regime:

Milestones in the Evolution of the United Kingdom egulatory egime…… [Read More]

References

Brownstone, R.A., & Voglei, C.A., (2006). U.S.A PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too. The Privacy and Data Protection Legal Review, 1(2).

Calleja, R. (2000). RIP ACT 2000 -- U.K.. Computer Law & Security Report, 16(6), pp. 400-401

Communications Assistance for Law Enforcement Act, (1994). Pub. L. No. 103-414, 108 Stat. 4279, codified at 47 U.S.C 1001-1010

Foreign Intelligence Surveillance Act, 1978. Public Law 95-511. Library of Congress
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Proportionality Law in England and Wales

Words: 3687 Length: 9 Pages Document Type: Essay Paper #: 57728830

fictional case of Amit and his dream to sell pies out of a converted red London bus. There is apparently at least one other bus that operates in much the same way and it is operating without a problem. However, the same governing body that approved that bus has said no to Amit. When he tries to get a reason for the disapproval, he is not given one. He is similarly shut down when he tries to appeal the decision. The author of this report will assess whether the relevant governing body, that being the Wivenchester District Council, is behaving as it should when it comes to the denial and the explanation thereof. There will also be a discussion of whether Amit has a viable claim when it comes to acting against the Wivenchester District Council for the way that they have handled the decision and whether they have complied…… [Read More]

References

Berggren, N, Bjornskov, C, & Lipka, D 2015, 'Legitimacy and the cost of government', Public Choice, 162, 3/4, pp. 307-328, Business Source Premier, EBSCOhost, viewed 28 March 2016.

Broderick, CO 2007, 'QUI TAM PROVISIONS AND THE PUBLIC INTEREST: AN EMPIRICAL ANALYSIS', Columbia Law Review, 107, 4, pp. 949-1001, Legal Collection, EBSCOhost, viewed 28 March 2016.

Bruhn, M 2011, 'LICENSE TO SELL: THE EFFECT OF Business REGISTRATION REFORM ON ENTREPRENEURIAL ACTIVITY IN MEXICO', Review Of Economics & Statistics, 93, 1, pp. 382-386, Business Source Premier, EBSCOhost, viewed 28 March 2016.

Calabro, A, & Torchia, M 2011, 'Conflicts of Interest and Governance Mechanisms in Italian Local Public Utilities', International Journal Of Public Administration, 34, 7, pp. 447-460, Business Source Premier, EBSCOhost, viewed 28 March 2016.
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Marbury v Madison Impact

Words: 2107 Length: 6 Pages Document Type: Essay Paper #: 82619656

Marbury v. Madison (1803) impact on the daily lives of American citizens
In 1803, Marbury v. Madison made the US Constitution as the supreme law, affirming the authority of the Court over judicial review. The U.S. Supreme Court concluded that the federal courts are allowed to overturn the decisions of the other arms of government in the event that they act contrary to the Constitution (GROSSMAN). This is one of those "checks and balances" that are the core of the national government's function.

In 1800, Thomas Jefferson, a Democratic-Republican, beat John Adams, a Federalist in becoming America's third president. Right before Adam's retirement, he introduced new positions in the judiciary, which he gave to his political partners. After Jefferson became president, James Madison, the State Secretary, refused to submit the commissions responsible for allowing judges to go back to work. Some of those who had been appointed, in inclusion of…… [Read More]

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Parliament Legislate to Limit the

Words: 5030 Length: 20 Pages Document Type: Term Paper Paper #: 97881862

" (Griffin and Evans, 2002) a wider vision of international law, according to Griffin and Evans is one that views adhering to laws that are international as an obligation "to the extent of mandating each arm of government to promote compliance with international law." (2002) This position is justified firstly, through holding that international law "is law, and it produces binding, legal obligations on Australia. Hence international law should be obeyed out of a sense of legal obligation." (Griffin and Evans, 2002) the second justification used is one that holds that "the content of international laws often has some moral force and should be obeyed out of a sense of moral obligation." (Griffin and Evans, 2002) in the area of human rights law this is particularly held true and in cases where "judges sometimes come close to the language of natural law when describing the importance of these rights." (Griffin…… [Read More]

Bibliography

Griffith, Gavan and Evans, Carolyn (2002) Teoh and Visions of International Law. Australian Year Book of International Law Vol. 21 University of Melborne Public Law and Legal Theory Research Paper No. 34. 2002.

Lacey, Wendy (2004) a Prelude to the Demise of Teoh: The High Court Decision in RE Minister for Immigration and Multicultural Affairs; Ex-parte Lam. Sydney Law Review 2004. Online available at http://www.austlii.edu.au/au/journals/SydLRev/2004/7.html#fnB19

Selway, Bradley (2002) the Principle Behind Common Law Judicial Review of Administrative Action - the Search Continues. Federal Law Review. 8. 2002. Online available at http://www.austlii.edu.au/au/journals/FedLRev/2002/8.html

Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
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Habeaus Corpus

Words: 3016 Length: 8 Pages Document Type: Term Paper Paper #: 77136291

" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review during the later part of the nineteenth century, however, by changing the circumstances under which the lack of state court jurisdiction could be found. Even after this shift, federal habeas courts sat not as fact finders but as guarantors of fundamental constitutional rights. (Breuer, 1994)

In 1915, the Court dramatically increased the scope of habeas corpus in Frank v. Mangum, in which the Court held that habeas relief is available whenever the state, "supplying no corrective process,... deprives the accused of his life or liberty without due process of law." The Warren Court continued this shift toward increased availability of habeas corpus in the next phase of habeas litigation after World War…… [Read More]

References

Breuer, J.R. (1994). Habeas Corpus - Limited Review for Actual Innocence. Journal of Criminal Law and Criminology, 84(4), 943-974.

Hafetz, J.L. (1998). The Untold Story of Non-criminal Habeas Corpus and the 1996 Immigration Acts. Yale Law Journal, 107(8), 2509-2544.

Hammel, A. (2002). Diabolical Federalism: A Functional Critique and Proposed Reconstruction of Death Penalty Federal Habeas. American Criminal Law Review, 39(1), 1+.

Hoffstadt, B.M. (2000). How Congress Might Redesign a Leaner, Cleaner Writ of Habeas Corpus. Duke Law Journal, 49(4), 947.