Supreme Court Case Essays (Examples)

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Political Science the Supreme Court

Words: 448 Length: 1 Pages Document Type: Essay Paper #: 33744867

he appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity.

On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. he Court stated, "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death."

Clearly this case…… [Read More]

The U.S. District Court ruled in favor of Harris, finding that Scott had violated Harris' Fourth Amendment Rights. This decision was upheld on appeal. The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity.

On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. The Court stated, "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death."

Clearly this case will affect future situations in that it gives police greater power to use force to stop potentially dangerous situations, even if the perpetrator's safety is put at risk. However, I agree with the Supreme Court's decision because a police officer is a trained professional and such actions as that taken by Scott are done not out of malice but out of a concern for the general safety of the public.
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U S Supreme Court Kelo v New London

Words: 930 Length: 3 Pages Document Type: Essay Paper #: 11308488

U.S. Supreme Court: Kelo v. New London (2005)

Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to the U.S. Constitution which means that the government is authorized to take land that is privately owned if the land is to be used by the public and the owner is paid a fair price for the land or what is referred to as 'just compensation'. Prior to Kelo v. City of New London the power of eminent domain was typically exercised by cities for acquisition of facilities that were clearly intended for public use such as schools, bridges or freeways. The case of Kelo v. City of New London however, involved what was a "new trend among cities to use eminent domain to acquire land for the redevelopment…… [Read More]

Bibliography

Kelo v. New London: Lawsuit Challenging Eminent Domain Abuse in New London, Connecticut. (2012) Institute for Justice. Retrieved from: http://www.ij.org/kelo-v-new-london

KELO et al. v. CITY OF NEW LONDON et al. certiorari to the supreme court of Connecticut. No. 04-108.Argued February 22, 2005 -- Decided June 23, 2005 (2012) Findlaw. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-108

Longley, R. (2012) Court Expands the Power of Eminent Domain. About.com. U.S. Government Info. Retrieved from: http://usgovinfo.about.com/od/rightsandfreedoms/a/eminentd.htm

Head, T. (2012) Summary of Kelo v. New London (2005) - Supreme Court Eminent Domain Case. About.com. Civil Liberties. Retrieved from: http://civilliberty.about.com/od/freetradeopenmarkets/p/kelovlondon.htm
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How Same-Sex Marriage Decision of Supreme Court Has Impacted Lives

Words: 3969 Length: 12 Pages Document Type: Essay Paper #: 91530495

United States Supreme Court ruling on same sex marriage. The paper also examines how that decision impacted management policy decisions in terms of public safety administration. An examination of the ruling's overall impact on public policy is also given. eactions on the ruling are given in the end.

Background knowledge on same sex marriage

For the majority of Americans, the matter of same sex marriage may have first come to their knowledge when it burst into the political limelight in late 2003. At this time, Massachusetts' highest court ruled that the state had no authority or grounds on which to deny lesbian and gay couples the right to marriage. In the next few months after the ruling in the state same sex marriage ceremonies were conducted in many counties and cities across the United States (U.S.) including mass weddings in the city of San Francisco. This brought a lot of…… [Read More]

References

Archibald, C. (2014). Is Full Marriage Equality for Same-Sex Couples Next? The Immediate and Future Impact of the Supreme Court's Decisions in United States v. Windsor. Valparaiso University Law Review, 48(3), 695-713. Retrieved, from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2341&context=vu

Brewer, P., & Wilcox, C. (2005). Same-Sex Marriage and Civil Unions. Public Opinion Quarterly, 69(4), 599-616. Retrieved, from http://poq.oxfordjournals.org/content/69/4/599

Bruggeman, K. (2015, June 26). NationalJournal.com. Watch These Two GOP Presidential Candidates After the Supreme Court's Gay Marriage Decision - NationalJournal.com. Retrieved August 22, 2015, from http://www.nationaljournal.com/2016-elections/supreme-court-gay-marriage-republican-presidential-jindal-kasich-20150625

Flores, A. (2015). Examining Variation in Surveying Attitudes on Same-Sex Marriage: A Meta-Analysis. Public Opinion Quarterly, 79(2), 580-593. Retrieved, from http://poq.oxfordjournals.org/content/79/2/580.abstract
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Supreme Court Established in Analyzing the Constitutionality

Words: 460 Length: 1 Pages Document Type: Essay Paper #: 59178460

Supreme Court established in analyzing the constitutionality of punishment? List and discuss at least three of them.

The only specific mention of definition of legally administrable punishment in the U.S. Constitution is that the punishment not be cruel and unusual, a vague semantic term that has proved fertile ground for both opponents and proponents of the death penalty. Capital punishment, however, was declared unconstitutional in Furman v. Georgia (1972). This was not because it meted out death to a defendant. Rather, it was the grounds that it was administered in a cruel and unusual fashion. Thus it was in violation of the Eighth Amendment to the U.S. Constitution. Also, Georgia's capital punishment laws were meted out in an unclearly defined fashion that was overly subjective, and according to sociological data submitted to the court, seemed to unfairly penalize African-Americans. It was also thus in violation of the equal protection clause…… [Read More]

Work Cited

"Dred Scott Case." The Columbia Electronic Encyclopedia.© 1994, 2000, 2001, 2002, 2003, 2004 on Infoplease. © 2000 -- 2004 Pearson Education, publishing as Infoplease. 25 Jan. 2005 .
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Supreme Court Has Ruled That Soliciting Money

Words: 738 Length: 2 Pages Document Type: Essay Paper #: 6406625

Supreme Court has ruled that soliciting money in a busy airport is something that the government can stop because it is so disruptive. What other activities do you think the government could prevent because they are too disruptive?

It's a little hard to justify how the Supreme Court found asking for solicitations in an airport to be "too disruptive," because the person being solicited simply has to say "No thanks," and go on his or her way." We see people soliciting for organizations in busy intersections. If the car in front of us has to fish for money, they can delay progress through the intersection, which could lead to accidents. That seems like far more of a disruption, and yet it seems to fall within the law. It would seem, based on the airport ruling, that if soliciting in an airport can be banned, then collecting money in intersections could…… [Read More]

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Supreme Courts 1966 Miranda Ruling Legalities and Issues

Words: 1211 Length: 4 Pages Document Type: Essay Paper #: 95108937

Miranda uling: Its Past, Present and Future

In almost all cases, the Miranda ruling of 1966 applies to police interviews with criminal suspects, although other Supreme Court decisions extend some of the rights to legal counsel and prevention of self-incrimination to public and private employers. According to the Supreme Court, the Miranda Warnings must be given prior to questioning to all persons who have been arrested and are in police custody, although one loophole "permits the police to question suspects without giving them their Miranda rights in those settings where it is unclear whether custody is present" (Wrightsman and Pitman 2010). In addition, suspects might not understand all these rights, especially because local and state police forces around the United States use hundreds of different versions of these rather than one standard set of warnings. At times, police training manuals also advise officers how to avoid giving the warnings or…… [Read More]

REFERENCES

Hoffmann, C.D. (2005). "Investigative Interviewing: Strategies and Techniques." International Foundation for Protection Officers, August 2005.

Niehaus, L. "The Fifth Amendment Disclosure Obligations of Government Employers when Interviewing Public Employees." Northern Kentucky University, Salmon P. Chase College of Law, March 22, 2008.

Wrightsman, L.S. And M.L. Pitman (2010) The Miranda Ruling: Its Past, Present, and Future. Oxford University Press.
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Court Services Management

Words: 1436 Length: 5 Pages Document Type: Essay Paper #: 1528913

Court Service Management

How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?

The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)

However, the courts will be impacted by these changes to a certain extent. This will…… [Read More]

References

Glannon, J. (2008). Civil Procedures. Frederick, MD: Kluwer Law.

Howard, J. (1999). The Shifting Wind. Albany, NY: SUNY Press.

Koopmans, T. (2003). Courts and Political Institutions. Hoboken, NJ: Wiley.

Lane, S. (2012). Highway 420. Staten Island, NY: Sandi Lane.
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Supreme Court's Recent Decision to Ban the

Words: 3326 Length: 10 Pages Document Type: Essay Paper #: 79166600

Supreme Court's recent decision to ban the execution of mentally challenged individuals raises important ethical issues. Judges must be able to determine if a person is indeed mentally challenged. hile the legal system and psychology have made important insights into this issue, there is still some inconsistency in the definition and application of mental retardation in the judicial system. Accordingly, an analysis of the ethical principles underlying the issue is useful. Ultimately, a combination of both deontological and teleological approaches may provide the best ethical guidelines for such a complex issue.

The ethical factors involved in handing down any death sentence are complex. This is especially true when the accused is a mentally challenged individual. In the American criminal justice system, the court must be assured that an accused individual is fully responsible for their actions in order to hold responsible for their crime. In other words, in order to…… [Read More]

Works Cited

American Association on Mental Retardation. Fact Sheet: THE DEATH PENALTY. 11 October 2002. http://www.aamr.org/Policies/faq_death_penalty.shtml

Aristotle. Nicomachean ethics: edited with a commentary by G. Ramsauer. New York: Garland, 1987.

Blackburn, Simon. Title: Think: a compelling introduction to philosophy.

Oxford; New York: Oxford University Press, 1999.
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Supreme Court the Justices of

Words: 3127 Length: 8 Pages Document Type: Essay Paper #: 94756838

Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be writing laws as clearly as could be or that the vagaries of language often make it difficult to do so without some form of originalist mind set. Tribe points out that what both originalists and textual critics are doing is to try to determine what is intended over what is expected, meaning that a law could be written to say one thing but would have unintended consequences just the same. here Tribe differs is in the fact that he does not believe it is possible to discover which provisions are which by a close reading of the text or by legislative history. Tribe also does…… [Read More]

Works Cited

Brennan, William. "Construing the Constitution." 19 University of California-Davis Law Review 2 (1985).

Rehnquist, William H. The Supreme Court. New York: Vintage, 2001.

Scalia, Antonin. A Matter of Interpretation: Federal Courts and the Law. Princeton, New Jersey: Princeton University Press, 1997.
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Supreme Court Concurring Dissent South

Words: 864 Length: 3 Pages Document Type: Essay Paper #: 76799084

If this is the idea that we convey here today what is going to stop the imposition of regulations in other areas of the State's social and economic life just because Congress feels that there might be a relationship to highway use or safety. In the end this is going to allow Congress to effectively be able to regulate almost any area of a State's social, political, or economic life on the theory that use of the interstate transportation system is somehow improved. The bigger question is whether or not this infringement upon the State's rights, which have been afforded to them by the Constitution, is going to stop with this or are we going to see it spill over into other areas. I feel that setting this precedence is only going to open the door for further abuses and violations of the State's rights as they have been given.…… [Read More]

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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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Supreme Court's Recent Decision to

Words: 1229 Length: 4 Pages Document Type: Essay Paper #: 45547083



Thus, the availability of handguns not only results in a surprisingly large amount of deaths each year, but also those deaths disproportionately affect juveniles and the mentally ill. If hand guns were unavailable to the population, juvenile murders would be less likely to occur, as would accidental discharges resulting in death and suicide. Because of these statistics and the lives that were lost or severely altered due to gun violence and gun accidents, a federal gun ban is necessary.

In addition to death and injury, public access to firearms results in an increased rate of crime. Although this problem is of a serious nature, it has been around, and left unaddressed, since the Civil ar (Deconde 117). This is especially true in regards to juvenile crime. As already mentioned, the increase and decrease in juvenile homicides was linked to an increase and decrease in gun-related deaths ("Juveniles and Guns"). Besides…… [Read More]

Works Cited

Cook, Phillip J. And Ludwig, Jens. Evaluating Gun Policy: Effects on Crime and Violence. Washington, D.C.: Brookings: 2003.

Cromie, William J. "System Tracks Gun Deaths: Details are being collected on murders,

suicides in the U.S." Harvard University Gazette. 28 September 2000: News.

Deconde, Alexander. Gun Violence in America: The Struggle for Control. York: Maple
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Court Case Reversals General and Subcontractors

Words: 603 Length: 2 Pages Document Type: Essay Paper #: 69541626

Contracting and Construction

The case of White-Spunner Constr., Inc. v. Constr. Completion Co., 103 So. 3D 781; 2012 Ala. was about a general contractor's right to challenge an illegal subcontract. In this case, the Supreme Court saw fit to reverse the decision of the lower courts, which had previously awarded the subcontractor $1.2 million by ruling against the general contractor. With the Supreme Court's decision, the general contractor's argument was validated and the lower court's decision reversed in the general contractor's favor. Essentially, the illegal subcontract was deemed invalid due to its illegality and therefore had no standing and the subcontractor was not entitled to any payment. The Court also stated that licenses are needed by construction labor brokers -- otherwise they are not allowed to represent clients or perform construction work. The Court had to define what was meant by labor brokers in this instance and it even pointed…… [Read More]

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Supreme Court of U S Has

Words: 1974 Length: 6 Pages Document Type: Essay Paper #: 25155642



From the study of treatment for mothers on crack, 50 experts in drug dependency as well as 150 addicted women identify components which they believe are important in the treatment of women effectively. Some of the features that they had identified that are always not present within the current programs are: comprehensive health care such as family planning, prenatal as well as prevention of HIV; service for children such as play therapy, day care, parental training and developmental monitoring of a child; an advocacy role such as contact with protective services of a child as well as welfare; and appropriate staffing such as non-confrontational, female staffing as well as cultural and racial sensitive.

As evident in the finding of the study, there is preference within experts and women for a program that combines medical, drug treatment and therapeutic services for the child and the mother, job training and education, long-term…… [Read More]

Reference

MacGi-egor, (1989). Cocaine and prenatal Outcome. Obstetrics and Gyllecology.

Murphy. S.. & Rosenbaum. M., (1999). Pregnant women on drugs: Combating Stereotype.. New York: Guilford Press, 1999.

Reuter, (1994). Setting Priorities: Budget and Program Choices for Drug Control. Reprint h-om Toward a Rational Drug Policy. The University of' Chicago Legal Forum,1994, pp. 14S 173.

Weisdorf, T. Parran. TV., Graham, A. & Snyder, C., (1999). Comparison of pregnancy-specific Interventions to a Traditional treatment Program for Cocaine-addicted Pregnant Women. Journal of Substance Abuse Treatment,1999, pp 16(1), 39-45.
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US Supreme Court

Words: 358 Length: 1 Pages Document Type: Essay Paper #: 78344139

Supreme Court

In the landmark decision Brown v. Board of Education in 1954, the United States Supreme Court overturned the "separate but equal" standard adopted by the 1892 Plessy v. Ferguson. Until Brown v. Board of Education passed, American public schools were segregated. Brown v. Board of Education transformed American society by outlawing racial segregation. Now that American schools are integrated, the Brown v. Board of Education decision seems immutable. However, the decision potentially represents an overstepping of the Judicial Branch's power. While most people would agree that the decision of Brown v. Board of Education was absolutely mandatory, others would note that from a purely rational standpoint, the Supreme Court overstepped its role as an interpretive body.

In its reasoning, the Court relies on the research conclusion of psychologists as one of the bases of its decision. Although psychology may be considered to be a "soft" science, it is…… [Read More]

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Criminal Justice Supreme Court Decisions

Words: 685 Length: 2 Pages Document Type: Essay Paper #: 15715238

The plaintiffs were disabled Tennesseans who could not access the upper floors in state courthouses. They sued in Federal Court, arguing that since Tennessee was disallowing them public services for the reason that their disabilities, it was infringing Title II of the Americans with Disabilities Act (ADA). Tennessee argued that the Eleventh Amendment banned the suit, and filed a motion to dismiss the case. It relied chiefly on Board of Trustees of the University of Alabama v. Garrett (2001), in which the Supreme Court held that Congress had, in endorsing certain provisions of the ADA, unconstitutionally repealed the supreme immunity of the States by letting people sue the States for discrimination on the foundation of disability. Garrett had held that Congress had not met the congruent-and-proportional test, in that it had not collected enough proof of discrimination on the basis of disability to give good reason for the repeal of…… [Read More]

References

GONZALES V. OREGON (04-623) 546 U.S. 243 (2006) 368 F.3d 1118. Retrieved March 26,

2011, from Web site: http://www.law.cornell.edu/supct/html/04-623.ZS.html

TENNESSEE V. LANE (02-1667) 541 U.S. 509 (2004) 315 F.3d 680. Retrieved March 26,

2011, from Web site: http://www.law.cornell.edu/supct/html/02-1667.ZS.html
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United States Supreme Court Decision

Words: 2079 Length: 6 Pages Document Type: Essay Paper #: 23442236



However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…… [Read More]

Woodson v. North Carolina, 428 U.S. 280, 322 (1976).

Woodson v. North Carolina, 428 U.S. 280, 299 (1976).

Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).
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U S Supreme Court Decision Supreme

Words: 1708 Length: 5 Pages Document Type: Essay Paper #: 92610705

S. Supreme Court might have held the status of this particular land and the resulting court decision to different standards and might have even reversed decisions of law however, the failure of this point to be addressed in the previous petition barred this point from being addressed by the court in the latter decision.

ibliography

City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the United States Court of Appeals for the Second Circuit. NO. 03-855. Argued January 11, 2005 - Decided March 29, 2005. Online available at http://a257.g.akamaitech.net/7/257/2422/29mar20051045/www.supremecourtus.gov/opinions/04pdf/03-855.pdf.

Grant, Alexis (2006) Indian Sovereign: Taxation Without Reservation. Medill News Journalism Service. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/001406.php.

Labor Law Talk (2007) City of Sherrill, New York v. Oneida Indian Nation. Legal Information Institute. Law ulletin. Cornell University. Online available at http://www.laborlawtalk.com/showthread.php?t=111900.

Sherrill, NY V. Oneida Indian Nation of…… [Read More]

Bibliography

City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the United States Court of Appeals for the Second Circuit. NO. 03-855. Argued January 11, 2005 - Decided March 29, 2005. Online available at http://a257.g.akamaitech.net/7/257/2422/29mar20051045/www.supremecourtus.gov/opinions/04pdf/03-855.pdf.

Grant, Alexis (2006) Indian Sovereign: Taxation Without Reservation. Medill News Journalism Service. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/001406.php.

Labor Law Talk (2007) City of Sherrill, New York v. Oneida Indian Nation. Legal Information Institute. Law Bulletin. Cornell University. Online available at  http://www.laborlawtalk.com/showthread.php?t=111900 .

Sherrill, NY V. Oneida Indian Nation of New York, et al. (2006) Medill Journalism. On the Docket 2004-2005 Term. Northwestern University. Online available at http://docket.medill.northwestern.edu/archives/000862.php.
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S C O T U S the Supreme Court of the United

Words: 776 Length: 3 Pages Document Type: Essay Paper #: 77815407

S.C.O.T.U.S. The Supreme Court of the United States

There are currently nine Justices on the Supreme Court of the United States, one Chief Justice and Eight Associate Justices; although in the past the number has varied and recent attempts to change this number have been rejected. (ehnquist 2001) Since Supreme Court Justices serve for life, or until they retire, many of the current members of the Court have served for many years. The longest Associate Justice currently serving in the Court is Justice Anton Scalia, who was appointed by President eagan and has been on the Court since 1986, more than 24 years. Associate Justice Anthony Kennedy, also appointed by eagan, is the second longest serving Justice on the current court, and has served for a little over 23 years. Next is Associate Justice Clarence Thomas, who was appointed by President George H.W. Bush in 1991 and has served for…… [Read More]

References

Irons, P. (1999). A People's History of the Supreme Court. New York: Penguin.

Jost, K. (2003). The Supreme Court A to Z. Washington D.C.: CQ Press.

Rehnquist, W.H. (2001) The Supreme Court. New York: Knopf.

Wagman, R. (1993). The Supreme Court: A Citizens Guide. New York: Pharos Books.
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Death Penalty the Supreme Court

Words: 1237 Length: 3 Pages Document Type: Essay Paper #: 26741978

Although that case involved jury selection, the Court established a standard for alleging racial discrimination in prosecution. The Court held that the defendant has to show that he is a member of a cognizable racial group, that the prosecutor has acted in a manner having a discriminatory effect, and that the procedure in place allows those who choose to discriminate the leeway to do so. Once a defendant has established a prima facie showing of discrimination, the State then has the burden of proving race-neutrality. (Batson v. Kentucky, 476 U.S. 79, 96-98 (1986)). The clear reasoning of the Batson decision would suggest that since Bass could show that he is an African-American, that African-Americans are disproportionately subject to the death penalty, and that the decision whether to charge a defendant with the death penalty is left to the discretion of the prosecutor, that he has established a prima facie case…… [Read More]

Works Cited

Batson v. Kentucky, 476 U.S. 79 (1986).

Brown v. Board of Education, 347 U.S. 483 (1954).

Plessy v. Ferguson, 163 U.S. 537 (1896).

United States v. Bass, 2001 FED App. 0340P (6th Cir.).
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Canadian Supreme Court 1990 Decision

Words: 2010 Length: 6 Pages Document Type: Essay Paper #: 46744238

Let such programs fund themselves through private charitable contributions. If they're justified they'll survive.

Laws and policies should be reformed so they protect all the rights and due process for both men and women equally.

In concluding, justice and fairness can only be attained and preserved where we rely on the judgment of people as jurors. hen we subtly suggest that they defer to expertise in human behavior for a judgment we're in for trouble.

A great deal of propaganda can be created these days to force people to think in a way they normally - and healthfully -- wouldn't. The abuse syndrome defense has gone beyond fairness. It's acceptance has triggered an enormous amount of unfairness in society -- aside from what the propanganda would have you know.

orks Cited

Bartholomew, K., Regan, K.V., Oram, D., & hite, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence…… [Read More]

Works Cited

Bartholomew, K., Regan, K.V., Oram, D., & White, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence and Victims, 23(3), 344+. Retrieved April 3, 2010, from Questia database: http://www.questia.com/PM.qst?a=o&d=5035306243

Brady, B.M. (2000). America in Crisis: Mind Control/ritual Trauma/battered Woman Syndrome and Family Violence. Journal of Family and Consumer Sciences, 92(5), 17+. Retrieved March 30, 2010, from Questia database: http://www.questia.com/PM.qst?a=o&d=5035443839

Goldberg, K. (1993, Winter). Battered Women Syndrome: the Imperfect Defense. Herizons, 6, 7+. Retrieved March 30, 2010, from Questia database: http://www.questia.com/PM.qst?a=o&d=5036658951

Schuller, R.A., Wells, E., Rzepa, S., & Klippenstine, M.A. (2004). Rethinking Battered Woman Syndrome Evidence: the Impact of Alternative Forms of Expert Testimony on Mock Jurors' Decisions. Canadian Journal of Behavioural Science, 36(2), 127+. Retrieved March 30, 2010, from Questia database: http://www.questia.com/PM.qst?a=o&d=5035492407
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U S v Alvarez-Machain 1992 Supreme Court Decision

Words: 702 Length: 2 Pages Document Type: Essay Paper #: 79221961

U.S. v. Alvarez-Machain (1992) Supreme Court Decision

Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the implications of which are still being felt. Small wonder, therefore, that the Court's majority (6-3) decision was considered unjust by international human rights organizations and even by three of Supreme Court's own judges, led by Justice Stevens, who dissented strongly. I agree with Judge Steven's dissenting opinion for the reasons explained in this essay.

Strange Logic:

As pointed out by Justice Stevens in his dissenting opinion, allowing kidnapping of people from the territory of a foreign country, just because there is no express provision disallowing such an act in a treaty, is strange logic. By an extension of this logic every act, whether legal or illegal, moral or immoral, not mentioned…… [Read More]

Works Cited

"ACLU Joins Landmark International Human Rights Cases Before the U.S. Supreme Court." ACLU Website. March 29, 2004. June 10, 2005. http://www.aclu.org/court/court.cfm?ID=15326& c=261

'United States v. Alvarez-Machain, 504 U.S. 655 (1992) in the U.S. Supreme Court" FindLaw Website. 1992. June 10, 2005. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us& vol=504& invol=655

Chief Justice Rehnquist delivered the opinion of the Court, in which Justices White, Scalia, Kennedy, Souter, and Thomas, joined. Justice Stevens filed a dissenting opinion, in which Justices Blackmun and O'connor, joined.
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Former Supreme Court Justice Potter

Words: 935 Length: 3 Pages Document Type: Essay Paper #: 23400505



During the trail, the prosecution is liable to produce sufficient evidence against the culprit, and it has to be proven that misrepresentation was false, but that the thief knew of the falsity. The opinions and puffing are not included in false pretense. False Pretense also includes the shift of title. In the case of larceny by trick, the culprit deceives to deprive the owner of possession, not title. Therefore false pretense is taken much different from larceny by trick, and the implication is taken separately.

False Pretense is basically treated as an act of Theft. The act of false pretense is applied to the defendant, who obtained any chattel, money or valuable security from any other person with intent to defraud.

QUESTION # 3

The act of trespass is legal offence with an intention to spy, rob or cause damage. Trespass is going beyond the limit of what is considered…… [Read More]

References

Personal Responsibility and Work Opportunity Act of 1996, 912, 42 U.S. Code 710; see Not in Front of the Children, pp. 145-48.

David S. Wall., Crime and the Internet.

Andrea Liss., Trespassing Through Shadows: Memory, Photography, and the Holocaust.
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Michigan vs Tyler the Supreme Court Decided

Words: 1312 Length: 4 Pages Document Type: Essay Paper #: 33188754

Michigan vs. Tyler, the Supreme Court decided that "fire fighters, and/or police and arson investigators, may seize arson evidence at a fire without warrant or consent, on the basis of exigent circumstances and/or plain view"

This may only occur during the extinguishing operations or immediately after, otherwise a warrant or the owner's consent is necessary. This came as a response to an accusation of "conspiracy to burn real property," where the prosecutors had collected and used evidence of numerous days after the firefighting operations. The Supreme Court ruled in favor of the defendant, as evidence was collected without warrant in the subsequent days.

I think the process used by a gas chromatograph (heating, etc.) is not appropriate for separating sand granules and the gas chromatograph cannot identify sand grains as a substance. In my opinion, something like filtration should have been used to separate sand from the rest of the…… [Read More]

Bibliography

1. Ramsland, Katherine. Trace Evidence. On the Internet at http://www.crimelibrary.com/criminal_mind/forensics/trace/1.html?sect=21

2. Pierce, Dwain A. Focus on Forensics: Latent Shoeprint Analysis. On the Internet at http://www.totse.com/en/law/justice_for_all/latshoe.html

3. Expert Law. On the Internet at http://www.expertlaw.com/library/pubarticles/Criminal/Drunk_Blood_Alcohol.html#Q16

4. http://www.health.org/nongovpubs/bac-chart/
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Heard in the U S Supreme Court --

Words: 758 Length: 2 Pages Document Type: Essay Paper #: 97971815

heard in the U.S. Supreme Court -- ashington v. Harper -- will be the focus of the first part of this paper. The second part reviews prison conditions in Texas.

ashington v. Harper -- Part One

This was a case resulting from the unstable mental condition of alter Harper, who has been incarcerated in the ashington state prison system since a robbery conviction in 1976. Harper has been administered antipsychotic drugs for years because of his psychiatric condition; when he does not take his medication his condition worsens, and he becomes violent, according to Justia.com, the U.S. Supreme Court Center for public information. On occasion Harper has become violently out of control in prison and as a result has been transferred to the Special Offender Center (SOC).

hile at the SOC (a facility for inmates with "serious mental illness") Harper was required to take the drugs "against his will." He…… [Read More]

Works Cited

Fernandez, Manny. (2012). Two Lawsuits Challenge the Lack of Air-conditioning in Texas

Prisons. The New York Times. Retrieved February 22, 2013, from  http://www.nytimes.com .

Michaels, Martin. (2012). Poorly Maintained Facilities, Scorching Heat Lead to Deaths in Texas Prisons. Mint Press. Retrieved February 22, 2013, from http://www.mintpress.net.

Turner, Allan. (2012). Behind Bars, Braille's dots fulfill prison inmates, aid the blind. The Houston Chronicle. Retrieved February 22, 2013, from  http://www.houstonchronicle.com .
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U S Supreme Court Briefing Case

Words: 517 Length: 2 Pages Document Type: Essay Paper #: 69967373

ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)

379 U.S. 241

In the Court of: U.S. Supreme Court

Argued on: October 5, 1964

Decided on: December 14, 1964.

Facts

Reasons for the Lawsuit:

The appellant is the owner of a large motel (Heart of Atlanta Motel Inc.) in Atlanta, Georgia who restricts his clientele to white people, 75% of whom are inter-state travelers. He has filed a suit to perpetuate his policy of refusing rooms to Negroes. The defendants or appellees are the United States et al.

Arguments of the Appellant

The appellant contends that in passing and enforcing the Civil Rights Act of 1964, the congress has exceeded its power to regulate commerce under Art. I, 8, cl. 3, of the U.S. constitution.

The Act violates the Fifth Amendment as the appellant is deprived of the right to choose its customers and operate its business as it wishes,…… [Read More]

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Equal Protection the Supreme Court

Words: 4130 Length: 10 Pages Document Type: Essay Paper #: 69991310

The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.

100 U.S. 303, 306).

Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:

The…… [Read More]

References

Bolling v. Sharpe, 347 U.S. 497 (1954).

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

Civil Rights Act of 1875, 18 Stat. Part III, p. 335 (Act of Mar. 1, 1875).

Gratz v. Bollinger, 539 U.S. 244 (2003).
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Death Penalty and Minors Recent Supreme Court Finding

Words: 1971 Length: 5 Pages Document Type: Essay Paper #: 44777283

death penalty and minors - recent Supreme Court finding

Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and also Voltaire. Some of the nations which took a lead in abolishing capital punishment are Venezuela in 1863, San Marino in 1865 and Costa ica in 1877. Presently, more than 50% of the countries of the world have abolished the death penalty either by way of legal enactment or practice. The U.S. Supreme Court quashed state death penalty laws. But again in 1976, the Court restored the death penalty following the espousal of new procedures. Since 1982 till 1999, 250 to 350 persons were sentenced to death every year, however, in the last three years; the number of death sentences has come down remarkably. Among the 50 states, 13 states…… [Read More]

References

"Death Penalty" News Batch. (March, 2005)  http://www.newsbatch.com/deathpenalty.htm  Accessed on 16 May, 2005

"Emerging National Consensus on the Juvenile Death Penalty." (1 March, 2005) http://www.deathpenaltyinfo.org/article.php?did=205& scid=27 Accessed on 16 May, 2005

Lobe, Jim (10 March, 2005) "Supreme Court bans death penalty for minors."  http://www.finalcall.com/artman/publish/article_1842.shtml  Accessed on 16 May, 2005

'Roper v. Simmons, No. 03-633: DPIC Summary." Retrieved from http://www.deathpenaltyinfo.org/article.php?scid=38& did=885 Accessed on 16 May, 2005
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Changes in Supreme Court Philosophies

Words: 2132 Length: 6 Pages Document Type: Essay Paper #: 46065403

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]

References

Byellin, J. (2013). John G. Roberts: Conservative yet apolitical consensus building chief justice.

Legal Solutions. Retrieved from:

 http://blog.legalsolutions.thomsonreuters.com/top-legal-news/john-g-roberts-conservative-yet-apolitical-consensus-building-chief-justice/ 

Liptak, A. (2012). Supreme Court upholds healthcare law 5-4, in a victory for Obama.
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The Importance of Women on the Supreme Court

Words: 685 Length: 2 Pages Document Type: Essay Paper #: 62040204

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]

Works Cited

Ginsberg, Ruth Bader. (2015, February 5). "When will there be enough women on the Supreme Court?" PBS Newshour. Web.

Landman, James H. (2002, December). "Marbury V. Madison: Bicentennial of a Landmark Decision." Social Education 66(7): 400-403. Print.

"The Supreme Court." (2016). The Supreme Court of the United States. Web.

"U.S. population." (2016). Women's Health. Web.
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Life tenure by Supreme Court judges

Words: 1221 Length: 3 Pages Document Type: Essay Paper #: 81284335

Supreme Court Justices as regards their lifetime appointment status.

Life tenure by Supreme Court judges has numerous significances as well as drawbacks. However, the advantages outweigh the disadvantages and, as such it should be taken into consideration. Furthermore, the federal judges should receive significant pay as result of the importance of their job.

This article includes the advantages and disadvantages of being a federal judge, as well as their tenure and salaries.

The Pros

Unquestionably, life occupation of office by federal judges has an extremely vital purpose: It protects the judges against the pressure which comes from politics as a result of sporadic accountability to voters. In contrast to numerous state judges, the federal judges do not need to get worried about coming up with funds for vote hunting campaigns or coming up with unpopular rulings that are legally correct but displeasing to the electorates. An important job of the…… [Read More]

References

Denniston, L. (2013, September 24). Constitution Daily -- Smart conversation from the National Constitution Center. Constitution Check: Should Supreme Court justices have limits on their time in office? Retrieved September 16, 2016, from http://blog.constitutioncenter.org/2013/09/constitution-check-should-supreme-court-justices-have-limits-on-their-time-in-office/

Joyner. "The Average Salary of Supreme Court Justices - Chron.com." Work - Chron.com. Web. 16 Sep 2016. .

Lazarus. (n.d.). CNN - Breaking News, Latest News and Videos. CNN.com - Life tenure for federal judges: Should it be abolished? - Dec 10, 2004. Retrieved September 16, 2016, from  http://www.cnn.com/2004/LAW/12/10/lazarus.federal.judges/
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The US Supreme Court and Same Sex Marriages

Words: 657 Length: 2 Pages Document Type: Essay Paper #: 18202786

Same Sex Marriage

Clearly explain the SCOTUS's ruling on same-sex marriage. Make sure to discuss the constitutional issues on this ruling.

In Obergefell v. Hodges, the U.S. Supreme Court is focusing on if same sex couples have the right to marry. This is because a number of states had bans on issuing marriage licenses for these kinds of relationships. Instead, all applicants must be a male and female versus two of the same sex. In response, several U.S. District courts had conflicting rulings about the constitutionality and legality of these proceedings. In some cases, they relied on the case precedent established under Baker v. Nelson. This is a 1972 decision, where the Montana Supreme Court ruled that states have the right to create laws that determine the conditions for issues marriage licenses. The Supreme Court declined not to hear the decision and by default upheld the ruling. This resulted in…… [Read More]

References

Obergefell v. Hodges. (2015). Supreme Court. Retrieved from: http://www.supremecourt.gov/opinions/14pdf/14- 556_3204.pdf

Davis, A. (1995). The Supreme Court, Race and Civil Rights. Thousand Oaks, CA: Sage.
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U S Supreme Court Was Created

Words: 2633 Length: 9 Pages Document Type: Essay Paper #: 76665897

During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide.

XI. The Eleventh Amendment and State Sovereign Immunity

Litigation occurring under the 11th Amendment attempts to reconcile two competing ideas: 1) state sovereign immunity which assumes that a state is immune from suit unless it consents to be sued, and 2) the power of the federal government that assumes that the states are subsidiary sovereigns to the federal system. Interpretations of the 11th Amendment have varied throughout the history of decisions on said issue but, presently, are a bar to unconsented suits by private citizens…… [Read More]

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Burlington Industries Inc V Ellerth Supreme Court

Words: 475 Length: 2 Pages Document Type: Essay Paper #: 26055085

BULINGTON INDUSTIES, INC. V. ELLETH

Supreme Court of the United States, 1998

524 U.S. 742

Vicarious liability of employer in a sexual harassment case

Sexual harassment, hostile work environment, vicarious liability, Title VII, affirmative defenses, job-related consequences

FACTS:

Kimberly Ellerth worked at Burlington Industries for 15 months under Ted Slowik, a vice president at Burlington. During that time, she alleged that Slowik created a hostile work environment by making unwanted sexual advances. On three occasions, comments were made that appeared to be a threat to deny Ellerth job-related benefits. However, the threats were not carried out and, on the contrary, Ellerth was promoted once. At no point during her employment did Ellerth notify anyone above Slowik of the alleged misconduct. Ellerth received a right-to-sue from the Equal Employment Opportunity Commission and commenced suit against Burlington for creation of a hostile work environment. The District Court granted summary judgment in favor…… [Read More]

REFERENCES

Biskupic, Joan. 1998. "Defining the Terms of Harassment," Washington Post, April 20, 1998,-Page A01.

Burlington Industries, Inc. v. Kimberly B. Ellerth, 524 U.S. 742 (Supreme Court of U.S. 1998).
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Family Law Court Cases

Words: 2193 Length: 6 Pages Document Type: Essay Paper #: 50988305

Family Law Court Observation

Rachel Faybyshev

Family Law

Ally, Esq.

Family Law Court Observation

I visited the NYC Family courthouse that is located in 60 Lafayette St. on October 13, 2016. I thought I had a pretty good idea of what it was going to be like. Since I've watched a lot of crime related and legal drama television shows, I already had a picture painted in my head of what to expect. When I first arrived I had to walk through a metal detector and clear security like at the airport, but that was something I was prepared for. When advising a client on how to dress I would definitely tell them to dress professional, but comfortable and leave as much jewelry as possible at home. I then proceeded to the fourth floor to observe the first proceeding. There were some aspects of the courthouse that were exactly like…… [Read More]

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Public Unions and Court Cases

Words: 1020 Length: 3 Pages Document Type: Essay Paper #: 13093384

Legal Decisions for Fire and Emergency Services

The American legal system is based upon case precedent and the way the courts are interpreting the law. The result is that there will be shifts in how these concepts are applied with each other. In the case of fire and emergency services, the issue is further complicated from the municipality's policies, procedures and relevant laws. To determine the overall scope of these activities requires focusing on various court cases and the impact of these decisions. Together, these elements will illustrate the effect they are having on fire and emergency services. (Painter, 2012) (Tworney, 2009)

The Impact of recent Legal Decisions on Fire and Emergency Services

There will be a total of 11 different court cases analyzed. The most notable include: Dedham v. Labor elations Committee, IAFF Local 2010 v. City of Homestead International, Association of Fire Fighters Local 2905 v. Town of…… [Read More]

References

Painter, R. (2012). Case and Materials on Employment Law. Oxford: Oxford University Press.

Tworney, D. (2009). Employment and Labor Law. Mason, OH: South Western.
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Establishing the Supreme Court

Words: 715 Length: 2 Pages Document Type: Essay Paper #: 6210889

U.S. Constitution

Between 1777 and 1786, the Articles of Confederation determined what the federal government could and could not do (School of Law, n.d.). The Articles provided no authority for tax collection or regulation of commerce, a situation that left the states to fend for themselves amidst the often chaotic efforts to compete against one another. Without tax revenues, the federal government had no way to pay soldiers fighting in the evolutionary War and many states ignored requests for financial contributions to the war effort. To resolve this issue, state representatives convened in Philadelphia to hammer out the U.S. Constitution, establish an executive and legislative branch for the federal government, and confer coercive power in order to enforce tax codes and interstate commerce regulations.

A third branch of the government, a federal judiciary, was also created during the Constitutional Convention in Philadelphia (Federal Judicial Center, n.d.). The Founding Fathers were…… [Read More]

References

Federal Judicial Center. (n.d.). History of the Federal Judiciary. Landmark Judicial Legislation: Constitution of the United States, Article III. Retrieved from http://www.fjc.gov/history/home.nsf/page/landmark_01.html.

Heritage Foundation. (2012). Punishment of Treason. Retrieved from http://www.heritage.org/constitution/#!/articles/3/essays/120/punishment-of-treason.

School of Law. (n.d.). The Constitutional Convention of 1787. University of Missouri, Kansas City. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html.
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Courting Disaster This Response Reviews

Words: 1272 Length: 4 Pages Document Type: Essay 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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Courting Disaster This Study Reviews Pat Robertson's

Words: 2315 Length: 6 Pages Document Type: Essay 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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Court Briefs - 7 Different

Words: 1075 Length: 4 Pages Document Type: Essay Paper #: 89470982

S. No. 04-1739 (2006)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

wo examples of where rights are limited in the ownership of land or property:

Servitudes and easements are put into place...

Servitudes and easements can be protected by...

It is vital to protect Servitudes and easements because...

III. Intellectual Properties

Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General

U.S. 01 -- 618 (2003)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he differences between copyrights, trademarks, and patents include:

he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...

IV. Business and the Bill of Rights

Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.

U.S. 97 -- 303 (1999)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he major difference between business speech and political speech is that...

Whether or not "Closely regulated industries…… [Read More]

Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html.

What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at  http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .

Court Briefs - 7 Different Cases
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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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Court System the Basic Structure of the

Words: 1077 Length: 3 Pages Document Type: Essay Paper #: 49162879

Court System

The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the…… [Read More]

REFERENCES

Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,

CA: Wadsworth/Cenage.

Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook

Exchange.
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Court System Understanding the Court

Words: 1058 Length: 4 Pages Document Type: Essay Paper #: 21481932



In his joint aticle with Oleg Sminov, "Dift, Daft, o Dag: How the Supemes React to New Membes," Smith takes an even close look at the Supeme Cout and the histoy of its political (o intepetive) makeup. Specifically, these authos find that the Cout counte-balances changes to its ideological makeup though the addition of new membes by changes in the oveall intepetative stances of opposing justices -- the addition of moe libeal justices esults in consevative justices becoming moe consevative, and the addition of consevative justices leads to moe libeal thinking on the pat of libeal justices. This view sees the Supeme Cout and couts in geneal as an essentially political body, just like any othe political body at wok in the fedeal govenment o at othe levels of govenment within any given society, whethe past o pesent.

A Mediation of Theoies and Pactice

Though the thee theoies biefly descibed…… [Read More]

references. This increases the politicization of the court system as a whole and makes individual judges and courts less responsive to the individuals appearing in the courts than they otherwise would be.

Conclusion

A fully accepted explanation of the court system has yet to be achieved in the literature, and is certainly beyond the scope of this paper. The agreement that exists between the disparate arguments presented above, however, suggests that these authors are formulating a new trend in judicial theory that could soon replace the inadequate and simplified view taken by many of the courts. This understanding will doubtless continue to be refined for decades, if not centuries.
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Court of International Justice International

Words: 484 Length: 1 Pages Document Type: Essay Paper #: 28616630



One of the pending cases involved a dispute between France and the Democratic Republic of the Congo. Like the dispute with Belgium, this involved France's attempt to hold one of the Congo's ministers responsible for war crimes and crimes against humanity. France sought to compel the President of the Democratic Republic of the Congo to appear as a witness, which the Congo claimed was a violation of its sovereignty.

References

nternational Court of Justice. (2008). Certain Criminal Proceedings in France (Republic of the Congo v. France). Retrieved April 10, 2008, from nternational Court of Justice

Web site: http://www.icj-cij.org/docket/index.php?p1=3&p2=1&code=cof&case=129&k=d2

nternational Court of Justice. (2008). Judge Kenneth Keith. Retrieved April 10, 2008, from nternational Court of Justice.

Web site: http://www.icj-cij.org/court/index.php?p1=1&p2=2&p3=1&judge=157

nternational Court of Justice. (2008). Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. Retrieved April 10, 2008, from nternational Court of Justice.

Web site: http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&case=131&code=mwp&p3=6

nternational Court…… [Read More]

International Court of Justice. (2008). Summary of the Judgment of 14 February 2002.

Retrieved April 10, 2008, from International Court of Justice.

Web site: http://www.icj-cij.org/docket/index.php?sum=591&code=cobe&p1=3&p2=3&case=121&k=36&p3=5
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Wisconsin v Mitchell the Supreme

Words: 1854 Length: 5 Pages Document Type: Essay Paper #: 76837417

Had the court applied consistency in their different rulings to local hate crimes, this case would have been settled in the lower court. As the previous decisions that Mitchell was using to justify his words; were clearly in appropriate decisions made by the court that did not protect free speech. Instead, it enabled someone to be a racist, because they could hide behind the First Amendment. It is through examining the Supreme Court case Wisconsin vs. Mitchell; in this light that highlights the overall complexity faced by various municipalities in regards to hate crimes ordinances.

ibliography

arclay vs. Florida. U.S. Supreme Court Justice Center. 2010. 28 Feb. 2010

Dawson vs. Delaware. Cornell Law. 2010. 28 Feb. 2010

Haupt vs. United States. Find Law. 2020. 28 Feb. 2010

New York vs. Ferber. C. 2009. 28 Feb. 2010

R.A.V. Vs. St. Paul. Cornell Law. 2010. 28 Feb. 2010

Wisconsin vs. Mitchell. Cornell…… [Read More]

Bibliography

Barclay vs. Florida. U.S. Supreme Court Justice Center. 2010. 28 Feb. 2010

Dawson vs. Delaware. Cornell Law. 2010. 28 Feb. 2010

Haupt vs. United States. Find Law. 2020. 28 Feb. 2010

New York vs. Ferber. BC. 2009. 28 Feb. 2010
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Neverland Case Study in 1990

Words: 1429 Length: 4 Pages Document Type: Essay Paper #: 25294408

S. cannot legally abide -- this would result in the U.S. signature being ultra vires (beyond the powers of authority) (Reid v. Covert)

Thus, United States Coast Guard had no authority to board a private vessel that was not in its territorial jurisdiction. Substance laws, in this case, pixie dust, is not illegal in Neverland, and the flagless vessel carrying Tinkerbell and the dust was not damaging or at fault in any way towards the United States. Under U.S. law, "customs waters" means that if a foreign vessel that is subject to a previous treaty with the U.S. is in U.S. customs waters, then by agreement, it can be boarded, examined, and contents searched and seized per U.S. law (U.S. Code 1709 - Definitions). However, since the President signed an executive agreement effectively cancelling the U.S./Neverland Treaty issue of customs waters, the vessel, its passengers, and its cargo were not…… [Read More]

Works Cited

Reid v. Covert. No. 354 U.S. 1. U.S. Supreme Court. 10 June 1957. Print.

"U.S. Code 1709 - Definitions." 2010. Cornell University Legal Information. Web. December 2011. .

"Vienna Convention on the Law of Treaties 1969." 23 May 1969. UNtreaty.un.org. Web. December 2011. .
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First Amendment the Constitution and the Supreme

Words: 2383 Length: 7 Pages Document Type: Essay Paper #: 5017596

First Amendment, the Constitution, and the Supreme Court

Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.

The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]

References

Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:

Penguin Group (USA).

Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,

Summaries, and Analyses. Westport, CT: Praeger Publishers.
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First Amendment Case

Words: 1206 Length: 4 Pages Document Type: Essay Paper #: 98796659

First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.

The First Amendment

The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.

The First Amendment reads "Congress shall make no law respecting an…… [Read More]

Works cited:

Barnett Lidsky, L., & Wrights, R.G. "Freedom of the Press: A Reference Guide to the United States Constitution." (Greenwood Publishing Group, 1 Jan 2004)

Sheehan, K.B. "Controversies in Contemporary Advertising." (SAGE Publications, 30 Jul 2013)

West, E.M. "The Religion Clauses of the First Amendment: Guarantees of States' Rights?" ( Lexington Books, 10 Jul 2012)