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Determination of Federal Court Term Paper

… Similarly, states' interests in potential life will only are compelling when there is a viable possibility for the sustained survival of a fetus outside the womb. Therefore, states may only prohibit abortion after viability except when it is vital to protect the health or life of a woman.

3. Origin of the Professional Standard of Care

Medical professionals have been the key engine for the development of the Professional Standard of Care. After the Second World War, massive funding of biomedical studies in academic healthcare centers and increased third party payments greatly improved the prestige and power of medical specialists. Medical professionals concomitantly developed an interest in the quality of medical practice. The professionals specifically wanted to sustain control over the definition of content and…. [read more]


Chisholm vs. Georgia Supreme Court Term Paper

… Justice Jay stated, '"We the people of the United States, do ordain and establish this Constitution'... we see the people acting as sovereigns of the whole country, and, in the language of sovereignty, establishing a Constitution by which it was their will that the State governments should be bound, and to which the State Constitutions should be made to conform" (Chisholm PP).

Justice Iredell declared that, "Before such an order be made, it is proper that this Court should be satisfied it hath cognizance of the suit, for, to be sure, we ought not to enter a conditional judgement in a case where we were not fully persuaded we had authority to do so (Chisholm PP). Concerning his doubts as to whether a State can…. [read more]


CJ 205 Juvenile Justice Term Paper

… Juvenile Justice System

Do you believe there is a growing common consensus that juveniles are somehow less culpable for their crimes since they have not been in this world as long as an adult or do you believe that there is growing common consensus that juveniles are just as guilty as an adult when they make a conscious decision to commit a crime? Explain.

From the early stages of the development of criminal justice system in the United States, there has been a distinction between adult justice system and the juvenile justice system. Otherwise, there would be no need to talk about juveniles as a separate category. The issue for a long time was different in practice, juveniles being punished in the same way adults…. [read more]


European Courts Relating to Free Speech Research Proposal

… ¶ … EUROPEAN COURTS RELATING to FREE SPEECH and DISCUSSING MEIN KAMPF or NEO-NAZI IDEAS or ORGANIZATIONS, COMPARING to U.S. APPROACH and DISCUSSING POLICY IMPLICATIONS

The objective of this work is to discuss cases in European courts relating to free speech and discuss Mein Kampf or neo-Nazi ideas or organizations, comparing to U.S. approach and discussing policy implications. "Mein Kampf" was a work written by Adolf Hitler and is a work, which incidentally was and still in banned for sale in Germany. There is an "ongoing struggle over this 'vile text'" according to Paschal (2001) in the work entitled: "Unbanning Hitler." Paschal states of this work in writing that it would likely "...Certainly, it would offend many survivors if Mein Kampf were to be on…. [read more]


Judicial Dictatorship This Report Serves Book Review

… Judicial Dictatorship

This report serves as a summary and analysis of the book Judicial Dictatorship by Bridwell and Quirk. It was written nearly a generation ago but many of the allegations, points and analysis in the book remain very relevant to the modern age of judicial action and oversight. The main point of the text is that the judicial branch of the United States government has far surpassed and exceeded the purview that was supposedly intended by the founding fathers. The chapters offer a systemic review with many examples of how this alleged state of being has come to pass.

The book gets things off to a roaring start in the prologue by railing against the concept of judicial review. Judicial review, in a nutshell,…. [read more]


Stress: Regulation of Wetlands Term Paper

… For regulatory purpose of the Clean Water Act, the term wetlands refers to those areas that are saturated or inundated through ground or surface water at a duration and frequency sufficient to foster and that which under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil status (Spray and McGlothin 102).

According to the U.S. Environmental Protection Agency of 2001, wetlands include marshes, swamps and other akin areas. Most of wetlands regulation politics revolves around fine-tuning the common regulatory description through delineation of wetlands. The permitting program established to execute Section 404 is governed through the United States Army Corps of Engineers. However, the EPA upholds oversight via comment and review and the body holds to authority to veto specific…. [read more]


U.S. Legal System United States Reaction Paper

… U.S. Legal System

United States Legal System

Sources of Law -- The United States Constitution is the "supreme law of the land." The Constitution divides the federal government into three branches, each of which has an impact on the legal system.

Legislative -- The legislative branch, consisting of the Senate and House of Representatives, passes legislation which becomes law.

Executive -- The executive branch of government consists of the President, the Vice President, and 15 cabinet-level departments. Each of these departments may contain many organizations. The President has the power to sign into law or veto any legislation passed by the legislative branch. Additionally, Congress delegates law-making power to various cabinet organizations such as the Environment Protection Agency and the Food and Drug Administration.

c.…. [read more]


Supreme Court Case Research Paper

… It is also extremely important to understand the spirit that the Supreme Court's decision was made. Members of the court truly believed that they were actually acting in an egalitarian fashion, and that as much as its decision would separate the races, it would also ensure that the races were essentially treated the same. Its members believed that a true equality in facilities, lives, and socio-economic conditions in the U.S. could exist without racial intermingling. One of the key pieces of evidence that supports this particular sentiment of various members of the Supreme Court is a statement from Justice Henry Brown around the time the decision was rendered. The Justice noted that, "The object of the Fourteenth Amendment…could not have intended to abolish distinctions based…. [read more]


Arizona vs. USA Case Study

… This is no more racist than when a person is carded at an airport security checkpoint or when they are proving that they are a credit card holder or that they are old enough to buy booze or cigarettes. The argument that keeping one's visa card, state-issued ID or something similar is a huge burden is just beyond the pale. Everyone, not just Hispanics, should be able to prove who they are given certain circumstances and indeed people can be thrown in jail, Hispanic or not, if they cannot or will not do so (ACLU, 2013). Exceptions can and should be made for the mentally ill and young children, but those exceptions are already allowed for. As such, to suggest that Arizona is racist or…. [read more]


Mill and U.S. Constitution None Research Paper

… By the beginning of the Civil War, there were over four million slaves in the U.S. And this institution was more profitable than ever. Even after it was officially destroyed in 1865, it continued in everything but name, usually in the form of sharecropping and tenant farming in the South that left most blacks in absolute poverty.

Although Thomas Jefferson was in Paris at the time the Constitution was written, he was on the whole skeptical of granting too much power to the central government, and politically skilled enough to rally Western farmers to join an Antifederalist coalition with the Southern planters in the 1790s. Jefferson was always a paradoxical character, given his deep hostility to banks, factories and corporations, but at the same time…. [read more]


United States v. Bass Term Paper

… United States v. Bass

The Supreme Court erred in its decision in United States v. Bass, 536 U.S. 862 (2002), in which it determined that the Sixth Circuit erred in granting defendant John Bass's motion for discovery in his selective prosecution claim. Defendant alleged that the United States' engaged in selective prosecution based on defendant's race. The Sixth Circuit granted defendant's motion for discovery because it determined that defendant made a threshold showing of selective prosecution by providing national statistics revealing that blacks were disproportionately charged with death-eligible crimes in federal prosecutions. The Supreme Court disagreed with the Sixth Circuit and summarily reversed its decision, based on the idea that national statistics did not speak to defendant and his position with other similarly-situated defendants. However,…. [read more]


Court Case Historically, Gaines v. Canada ) Term Paper

… Court Case

Historically, Gaines v. Canada (1938) was the first case to directly challenge school segregation. The petition was filed by Lloyd Gaines for admission to the University of Missouri Law School. The verdict of the case upheld the precedent of "separate but equal" established by Plessy v. Ferguson (1896). The decision in the Gaines case focused on the practice of southern states to meet the provision of "equality" by awarding out-of-state tuition scholarships to black students. In lieu of providing equal facilities, blacks were expected to use the scholarships to defray costs associated with attending northern institutions. Southern states universally ignored the Court's ruling that the scholarships did not equalize the conditions.

POST-VERDICT ERA

After the decision of Missouri ex rel. Gaines v. Canada,…. [read more]


Courting Disaster Book Review

… Some of his comments have been the subject of national and global media consideration arousing reactions from government officials. Robertson made American national news in October 2003 for meetings with writer Joel Mowbray about his book "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." The book is critical of the United States Department of State (Barrett & Smolla, 2010). Robertson's critique intimated that if a minor nuclear device were to be discovered at the State Department, such a marvel might wake up the leaders of America to understand a potential risk. Government authorities were scornful at the prospect of such a situation.

In the close of 2001, Robertson examined the terrorist attacks with Jerry Falwell, who said, "the…. [read more]


United States vs. Robert J. Stevens Dog Fighting Thesis

… Court Opinion

United States v. Robert J. Stevens

Appellant was found guilty of violating sec 48 of chapter 3, part 1, Title 18 of the United States Code, which prohibits the interstate or foreign distribution of depictions of animal cruelty and the production of such depictions meant for such distribution, following the purchase of three video depicting dogs engaged in fights and other vicious behavior by law enforcement agents.

The appellant claims that the wording of U.S.C. § 48 is too vague to be constitutionally allowable, as it places a significant abridgment on his First Amendment right to free speech. Specifically, the appellant argues that the statute is overbroad because it reaches individuals who took no part in the underlying conduct (of engaging in and/or…. [read more]


Immigration Political Issue Essay

… One documented worker even stated that he was still scared of what he would have to face being of Hispanic descent. He stated, in the interview that he is afraid to give rides to friends who he is not aware is an illegal, facing possibilities of being imprisoned for his kind action.

Generally speaking the media have always made an impression on its viewers. However, in this case reviewing several videos on You Tube the influence of what is being reported would be based on the individual receiving and conveying the message. If a viewer is in support of the law and have disliked that undocumented workers are in their state the media coverage would embrace his or her beliefs. However, if the viewer is…. [read more]


US Supreme Court Case Term Paper

… Taylor v. Crawford

Case Citation: Taylor v. Crawford, 487 F.3d 1072 (2007) (United States Court of Appeals, 8th Circuit)

Appellants: Larry Crawford, Director, Missouri Department of Corrections; James D. Purkett, Superintendent, Eastern Reception Diagnostic & Correctional Center

Appellee: Michael Anthony Taylor

Character of Action: Appellants sought review of the decision of the United States District Court for the Western District of Missouri, which granted judgment in favor of appellee in his action under 42 U.S.C. 1983, and determined that Missouri's lethal injection protocol, as outlined in Mo. Rev. Stat. 546.720 was unconstitutional.

Facts: Appellee pleaded guilty in the Missouri state trial court to the abduction, abuse, and murder of a 15-year-old victim. He was sentenced to death. He appealed his convictions and his sentence through…. [read more]


Federal Question Essay

… S. District Courts. They have no original jurisdiction

What is the purpose and jurisdiction of the U.S. Supreme Court?

The purpose of the U.S. Supreme Court is to provide a final ruling for any case in controversy in the United States. As such, the Supreme Court has jurisdiction over literally every dispute in the United States, as long as the suit has been appropriately appealed to the level of the Supreme Court. The Supreme Court cannot hear all of the appeals it is asked to decide, so it picks a limited number of cases to adjudicate each year. There is no appeal from a Supreme Court decision, but the Court may reverse course in later decisions by overruling itself. The Supreme Court also has original…. [read more]


Yates v. United States Term Paper

… Yates v United States, 354 U.S. 298 (1957)

Yates v. United States was a landmark case decided by the U.S. Supreme Court in 1957, which involved the First Amendment issue of freedom of speech and the interpretation and the limits of the Smith Act of 1940 under which the petitioners were indicted by a Federal District Court for conspiring to overthrow the government. The case marked a liberal turn in U.S. Supreme Court's interpretation of the Smith Act, and it became increasingly difficult thereafter for the U.S. government to convict people on sedition or treason charges.

The First Amendment to the U.S. Constitution, introduced as part of the Bill of Rights during the first session of Congress in 1789, guarantees the freedom of speech and…. [read more]


Questioning the Federal Judiciary Essay

… The vetting of candidates seems critical, but the nomination and confirmation process is heavily politicized (Levy, 2014). If a mechanism could be devised that would force the Senate to confirm or deny an appointment within a set time period and according to specific qualification criteria, maybe this would help fill all the vacancies that currently exist.

Question 3

The rule of law is indeed a key strength of American society, but only in comparison to much of the rest of the world. What is meant by this statement is that there is a lot of room for improvement, but when compared to most nations, the rule of law, as enforced by the United States government, remains a standard against which other criminal justice systems can…. [read more]


Warren vs. Rehnquist Term Paper

… Roberts also oversaw House v. Bell, a "decision that freed many innocent men…. [allowing] DNA forensic evidence found after a death penalty conviction can be used to overturn a conviction" and thus expanding the rights of condemned criminals to reflect changes in technology (Sprung 2013).

However, Roberts was a dissenter in the Supreme Court's decision to overturn the Defense of Marriage Act, a controversial law banning states from allowing same-sex marriage. "In striking down part of the Defense of Marriage Act of 1996, a 5-to-4 majority of the Supreme Court overturned a law that denied federal benefits to same-sex couples. The decision does not guarantee a right to same-sex marriage, but it allows people who live in states that allow same-sex marriage to receive the…. [read more]


Approval of the Constitution Term Paper

… ¶ … approval of the constitution of the United States, as per which the establishment of the union of states took place, which was to be monitored by the federal system of governance, therefore have been considerable arguments regarding the nature of the union, and the limitations and extent of the powers, privileges, duties, and responsibilities which have been granted by the constitution to the national government, state and the people. During the pre-federalism period, the United States fought war for independence against the Britain, and was successful in its attempt to establish 'a confederation form of government that created a league of sovereign states' (Michael, 2001). The shortcomings and concerns of the legislators against the provisions listed in the Articles of Confederation 'prompted its…. [read more]


Death Penalty the Supreme Court Got Essay

… Death Penalty

The Supreme Court Got it Wrong: U.S. v. Bass

In United States v. Bass, 2001 FED App. 0340P (6th Cir.), the 6th Circuit Court of Appeals was called upon to determine whether the United States District Court for the Eastern District of Michigan had correctly dismissed the United States' death penalty notice after the United States failed to comply with defendant Bass' discovery request in his capital murder trial. The subject of Bass' discovery request was the use of race in the decision to seek the death penalty, including the decision of whether to charge a defendant on a federal or state level. Bass sought policies or manuals related to the decision of whether to charge a defendant on a federal level, a…. [read more]


Catholic Church Public Policy in Spain and US Thesis

… As I previously mentioned, the Spanish population is religiously homogeneous. Roman Catholics compose of 99% of the population, while the remaining 1% of the population is composed of those belonging to Jewish, Protestant, Muslim, and Buddhist faiths. In relation to other countries in the European Union, Spain boasts one of the most "religious" populations. As data from a study of religiosity in the European shows, as late as 1982, only Ireland surpasses Spain in religious practice. Further, by the end of the decade, the percentage of individuals identifying themselves as "religious persons" ranged from a low of 48% in Denmark to 72% in the Irish Republic. The Spanish percentage of 68% exceeded all other countries except Ireland, Portugal and Greece. In stark contrast to the…. [read more]


US Foreign Policy on Family Planning Research Paper

… ¶ … United States should use its foreign policy to promote family planning in other countries, especially in developing countries in the third world. To answer this question, one must consider all of the following: the purposes of foreign policy; the social, economic, and medical benefits that are advanced by promoting family planning; and the social, economic, and medical problems that may follow from the promotion of family planning. Answering this question also involves a consideration of the history of United States foreign policy as it relates to the promotion of family planning.

When all of these factors are considered, I conclude that the United States should use its foreign policy to promote family planning around the world. Family planning can be an important, if…. [read more]


Extraordinary Rendition Term Paper

… Extraordinary Rendition

The Costs of Extraordinary Rendition

On September 6, 2006, President Bush openly admitted that the CIA, under his authorization, had been operating secret detention centers at sites abroad for the previous five years (Elsea & Kim, 2007). Suspected terrorists, including anyone else suspected of having relevant information, were covertly transferred to these sites and then interrogated under pressure to provide information that the Bush Administration feels is vital. The existence of these secret detention facilities outside of UNITED STATES jurisdiction and purview is troubling enough. But the process by which suspects are placed into this system of detention facilities is even more unnerving.

In order to secretly populate these CIA prisons -- or black sites -- with suspected terrorists, the Bush Administration employed…. [read more]


United States President, George Washington Essay

… ¶ … United States president, George Washington (in his own words) pursued the "undeviating exercise of a just, steady, and prudent national policy." That quote (found in Robert Francis Jones' book George Washington: ordinary man, extraordinarily leader) was in the context of Washington preferring to stay out of wars between various European powers. He knew the young country he was leading was "gradually recovering from the distresses in which the war left us" (Jones, p. 138) and hence he concentrated on building the nation's internal strengths rather than engage in more conflict with European powers. And while Washington was definitely a strong man, which he showed on the battlefield during the Revolutionary War, his talents "in most fields" Jones writes (202) were "relatively commonplace."

What…. [read more]


Court Systems the Structure Essay

… Conclusions

The previous examination of the relationship between the federal and state court systems help illuminate some of the more confusing and sophisticated aspects of America's employment of federalism. The contrasting qualities of each stream of courts helps to balance tasks by distributing the appropriate weight to the appropriate department of the court. Incorporating the roles of the courts administrators into these models helps round out the picture and give a full description of their roles within the legal and court systems. Overall the system is balanced and appreciates the locality of each state's domain and achieves its purpose of laws and order.

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…. [read more]


Supreme Court in Lopez v. United States Term Paper

… U.S. v Lopez Federalism

Federalism

Lopez v U.S. Federalism

The Constitution of the United States is a document which limits the power of the federal government by sharing that power with the individual states. The Constitution grants the federal government certain power over national interests while reserving the power to address domestic concerns to the states. While the federal government can perform such actions as levying taxes, issuing currency, declaring war, and other such things, "any action by the federal government must fall into one of the powers enumerated in the Constitution." ("Federalism") in 1990, Congress passed the Gun-Free School Zones Act (GFSZA) which made it a federal crime to "knowingly possess a firearm at a place that he knew or had reasonable cause to…. [read more]


Marbury v. Madison Supreme Court Case Study

… S. Supreme court reversed favoring Martin, indicating that the treaty with England superseded the statute of the state, therefore remanded the case to Virginia court of appeal in order to provide judgement for Martin but the Virginia court turned down, affirming that the appellate power of the Supreme court of U.S. did not extend to Viginia court of appeals judgment. The argument was that judges are suppose to be bound to uphold the constitution as applied to federal judges, therefore denying state interpretation showed that the judges of the state would not interprate the Constitution faithfully. The court indicated that the matter was of requirement of uniformity in terms of federal laws. Another case which applies to this is Youngstown Sheet & Tube Co. v.…. [read more]


Federal Tort Claims Act Essay

… For the purposes of the FTCA, law enforcement officers are "anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures" ( Solari, Unk.). Because it is frequently within the scope of employment for these people to engage in aggressive behavior, the government will pay "for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope" (Solari, Unk.). Specifically, 28 U.S.C. § 2680(h) (2006) provides that. "with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the…. [read more]

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