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Mexican Drugs
Mexico: Drugs or Democracy
Introduction
Illicit drug trade between Mexico and the United States, estimated between $17 billion and $38
billion a year in 2009 by the Drug Intelligence Center, has a long and storied past. Cartels operated
with relative impunity from government prosecution during the seventy year reign of the
Institutional Revolutionary Party, (PRI). The movement from an authoritarian government system of
the PRI to the liberal democracy initiated by the election victory of the National Action Party,
(PAN), candidate, Vicente Fox, in 2000, disrupted the status quo. Election gains by PAN
Representatives disrupted long standing agreements between the cartels and government officials
which led to the increased violence that ... Show more content on Helpwriting.net ...
The DFS was supposed to fight drugs but one of the founders, Senator Colonel Carlos Serrano, was
tied to the drug cartels. His appointment provided a direct link between the ruling political party and
the drug cartels ensuring a flow of profits to government officials in exchange for protection and
also mitigated the need for drug traffickers to participate in politics. This collaborative arrangement
produced several decades of minimal drug related violence which was directed at opposing groups
and did not affect the general population.
Social changes in the United States during the 1960s and 1970 accompanied increased consumption
of marijuana and later cocaine use became more widespread in the 19080s. The proliferation of drug
use in American society prompted a change in the political view on drugs and the United States
government declared "war" on drugs. The U.S. government focused on the drug producing and
trafficking nations and pressured those nations into joining the "war". Mexico was pressured into
heightening its efforts to combat drugs which included military operations to destroy drug trade and
growing fields. These efforts focused on migrant workers forced into labor by the drug lords, barely
disrupting the cartel's operations.
The link between the DFS and the Mexican political structure came to an end with the assassination
of U.S. DEA agent, Enrique Camarena, in 1985 and the subsequent pressure on the Mexican
government.
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The Evolution Of The Law Of Fresh Evidence Essay
Case Law review: the evolution of the law of fresh evidence
As mentioned at the outset, in 1923, the Dominion Parliament gave broad discretionary powers to
Canadian appellate courts to receive any evidence it deemed necessary and in the interest of justice
to decide the issues on appeal against both verdict and sentence. However, unlike the pragmatic
approach of the British, the Canadian legislators did not provide statutory guidance to the judiciary
on the parameters for the exercise of this new power. It was therefore left to judges and the courts to
fashion common law principles and procedures for the admission of fresh evidence with respect to
verdict appeals, appeals from sentence and to a lesser extent references by the Minister of Justice to
Canadian appellate courts. Each is discussed in turn in the sections that follow.
II.2.1 Verdict appeals: incremental changes in the law of fresh evidence The slow but steady
evolution in Canadian fresh evidence law in criminal and quasi criminal proceedings can best be
classified into two distinct periods: the pre–Palmer jurisprudence and the post–Palmer
developments.
II.2.1 (i) Pre–Palmer Jurisprudence: 1910–1980
There have been incremental changes in the law of fresh evidence prior to the definitive judgment in
Palmer in 1980. In 1925, the British Columbia Court of Appeal was the first appellate court to apply
the new powers enacted in 1923 to admit fresh evidence. Prior to these amendments, appellate
courts could
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John Adams Dbq
Question 1: During the final hours of John Adams presidency, he named forty–two justices of the
peace and sixteen new circuit court justices, one of them being William Marbury, for the district of
Columbia under the Organic Act.This was his final attempt to let the Federalists take control of the
federal Judiciary before Thomas Jefferson became president. Although Adams was able to sign the
commission, his plan failed as his secretary of state at the time, John Marshall, was unable to deliver
the commission before the end of Adam's term on March 4, 1801. Soon after Thomas Jefferson took
office, he ordered his Secretary of State, James Madison, to decline the delivery of Marbury's
commission. This caused William Marbury to go before the Supreme Court to argue his rights to be
appointed justice of peace by asking the Supreme Court for a writ of mandamus to direct James
Madison to deliver the commissions. Under the the Judiciary act of 1789 in which the Supreme
Court is granted the power to issue a writ of mandamus and give orders to the ... Show more content
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Marshall believed that congress could not give the supreme court the power to give Marbury his
commission and that the Constitution only could. Furthermore the document said nothing about the
Supreme Court having the power to issue such an order, thus making the Supreme Court not being
able to force Jefferson and Madison to appoint Marbury as Peace of Justice. While Marbury never
became a justice of peace, the court's ruling in Marbury V Madison was a very important Precedent.
( A legal decision that serves as an example in later court cases.) This eventually created the Judicial
review which gave the court the right to review acts of congress and the action of the president. If
the Court saw the law as unconstitutional, they could overrule the law. However at the end Marshall
ended says that the Supreme Court has the final say on
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Comparing The Three Branches Of The Government
When the Constitution was written, three branches were created. The three branches that were
created, were the Legislative branch who makes the laws, the Executive branch who executes the
law, and the Judicial branch who interprets the law [1]. By creating the three different branches of
the government, a form of separation of powers were created.
A separation of power is to ensure that no one branch has complete control over the other. In other
words, the three branches operate independently, but rely on one another to be successful both
independently and as a whole government.
The Legislative branch has checks on the Executive branch in the form of impeachment powers,
override of Presidential vetoes, and approval of departmental appointments. ... Show more content
on Helpwriting.net ...
Judicial Review is when the Supreme Court decides whether something is constitutional or not. The
Supreme Court, not only hears cases to determine if they are constitutional or unconstitutional. They
also decide whether laws and decisions created by the Legislative and Executive branches are
constitutional or not.
Judicial Review is the power to declare that a law is unconstitutional. Judicial Review is not a power
that is given to the Supreme Court under the Constitution. Every time that the Supreme Court uses
Judicial Review, they themselves are acting unconstitutional. The Supreme Court does not have the
power to review laws to decide if they constitutional [2]. The Supreme Court and Chief Justice John
Marshall, assumed the power of Judicial Review, in the case of Marbury v. Madison, 5 U.S. 137
(1803) [3].
In the presidential election of 1800, President John Adams was defeated by Thomas Jefferson.
During his last month in office, President Adams had control over congress, thus passing the
Judiciary Act of 1801. The act created and expanded previous district and circuit courts. Also
creating new positions for Federal judges and justices of the
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Personal Narrative Analysis
I hope youre having a great day. I just wanted to touch basis with you about the concerns we talked
about last week. The reason I asked about the resources is because Ive fallen behind on my monthly
bills by two months and received an eviction notice a week ago. My landlord has worked closely
with me but she called on today and told me she has to call a sheriff out soon. Im not sure what all
happens when a sheriff is called but it's part of the eviction process. She informed me first in case I
want to find a place to stay before so that I can move my things but I dont have any place to go. I
moved into my home in January, 2015 right after I had my son. I used the pay I received from short
term, (maternity), to pay the first and second month's
... Get more on HelpWriting.net ...
Skills and Intellect of President Barack Obama Essay
President Barack Obama is a name known around the world thanks to his political triumphs and
historical presidency. He has an extensive educational background and has a strong political resume
to match. In the book Reading Obama by James Kloppenberg, Kloppenberg not only applauded
President Obama's educational journey as a means to developing the necessary skills to be a leader,
but also viewed Obama as an intellectual and philosophical president which he believes are unique
characteristics only present in a minority of American historians. Kloppenberg uses Obama's own
publications, such as his published books as well as issues of the Harvard Law Review, as an
analytical tool to develop what he believes is Obama's political philosophy. ... Show more content
on Helpwriting.net ...
Pragmatism deals with a straight forward way of thinking and is centered on solving problems. As
stated in lecture eight, "pragmatists promoted a "philosophy" of relativism not universalism"
(Professor Garcia Lecture 8). This means that, in terms of pragmatism, one does what they consider
is essential instead of following a natural law based upon philosophical principles and morality. In
any matter, the truth as to what the right thing to do is relative to the situation and there is not a
universally correct answer for all eternity. What is considered right changes over the years and law
is meant to be changed as economic and political situations vary. The political philosophy of
pragmatism helps Kloppenberg support his argument that Obama is more than just intelligent, that
he is an intellectual. Kloppenberg states that, "Obama is also very much an intellectual" along with
being a politician (Kloppenberg). He stresses that unlike other Presidents who were extremely
intelligent, President Obama is "able to interrogate his own convictions–to place them in a broader
cultural and historical context by imaginatively scrutinizing them from a position centuries in the
future–without abandoning them" (Kloppenberg). Other Presidents, such as Richard Nixon, were
considered extremely intelligent in Kloppenberg's opinion; however, he believed that was a result of
opportunism and the goal of career advancement. Furthermore,
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How Did Ruth Bader Ginsberg Impact Society
Throughout time, many individuals have stood up and fought for what they believed in. Many have
impacted society, but the most important ones are the people who took charge and lead others to
accomplish what seemed impossible. Supreme Court Justice Ruth Bader Ginsberg has impacted
American society by being a superb role model. Ruth Bader has demonstrated her idol stance by
proving women could also excel as much as men can academically. When Ginsberg went to Cornell
University in 1954, "She earned her bachelor's degree in government as well as finishing first in her
class." according to the article titled Biography: Ruth Bader Ginsberg 1933–. Outclassing others as a
female, proves that hard work and effort outshines society's gender role stereotypes. Ginsberg has
also excelled academically, "Becoming the first female member of the Harvard Law Review." To be
the first female member of the reputable group when living in a society that women are not
condemned as smart as men proves to females anywhere that women can be just as smart as men. ...
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Ginsberg and later gave birth to a daughter, Jane. She decided to go back to school to further her
education and applied to Harvard Law School. She along with seven other females were vastly
outnumbered in her class of over 500 male students. According to article 2 "The women were
chided–scolded or rebuked– by the law school's dean for taking the places of qualified males."
Ginsberg did not take any of the words of her peers to heart and only focused on her own schooling,
she eventually joined the Harvard Law Review, becoming the first female to ever officially be a
member of the prestigious
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The Career of Ruth Bader Ginsburg
On March 15, 1933 Ruth Bader Ginsburg was born in Brooklyn, New York to Nathan and Celia
Bader (Bio.com). Throughout her life, she faced much discrimination. She grew up in a time in
America where women and other minorities weren't always thought of as equals. For example,
during her hearing before the Committee On the Judiciary United States Senate, Ginsburg talked
about a sign she saw in Pennsylvania that had said "No Jews or dogs" when she was a teenager. Also
during her hearing, she talked about how she felt about discrimination saying that it was something
she always felt strongly about (U.S. Congress, 139). Despite the discriminations she was put up
against, Ginsburg rose above them and became the first Jew and the second lady appointed to the
Supreme Court. Neither one of her parents had much of an educational background. Because of this,
her mother encouraged Ginsburg to pursue a higher education ("Jewish Women's Archive"). Her
mother had a huge impact on her Ginsburg's life, she said, "I think of her often when I am in
challenging situations that compel a top performance" (Swiger, 55). The day before Ruth Ginsburg
graduated from James Madison High School, her mother sadly died from cancer. After high school,
Ginsburg furthered her schooling by attending college. She graduated and achieved her Bachelor's
degree from Cornell University in government in 1954. There was where she met her husband
Marty Ginsburg ("Jewish Women's Archive"). According to Ruth her husband
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Trinity Western University Case Summary
Case Analysis: Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518.
A case filed between Brayden Volkenant, TWU, MacPherson, Cronk and Pardu JJ.A. as the
Appellants and the Law Society of Upper Canada being the Respondent. There also existed
interveners. The date of the case verdict was on June Sixth and on June Seventh of the year 2016.
Introduction
The Canadian Act 1982 (U.K.), chapter 11, got enforced by The Canadian Charter of Rights and
Freedoms within the Canadian Constitution (1982). The Charter's 22 short sections (2–23) protect
the Canadians' rights subject to 6 domains: legal, equality, democratic, mobility, fundamental and
linguistic. Trinity Western University (TWU), a distinguished evangelical and a private university in
British Columbia considered setting up a law school. TWU principles spelled out clearly that it
would not consider applicants from the same sex, as well as individuals subject to common law
relationships bound outside marriages. TWU's Christian pillars advocates for sexual purity. TWU's
appeal violated the 1982 Acts by the Law Society of Upper Canada (LSUC). Six societies in
Labrador, Manitoba, Alberta, Saskatchewan, New Brunswick, New Foundland, and the Prince
Edward Island granted TWU an accreditation. However, three law societies from Ontario, Nova
Scotia, and British Columbia forfeited TWU's accreditation. Such an approach made a possible
appeal to the LSUC inevitable; the superior court's decision overturned the
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Keep And Bear Arms
Does the Second Amendment Protect Individual Rights to Keep and Bear Arms After reviewing the
Supreme Court ruling in the case of "District of Columbia vs. Heller" (2008) and the wording of the
Second Amendment to the U.S. Constitution, I firmly believe the amendment protects the individual
right to keep and bear arms. Within the ruling, definitions from 1773 edition of Samuel Johnson's
dictionary were used to clarify meanings (at the time of the founding, which holds the same
meaning now) and helped form the decision. The Second Amendment conferred an individual right
to keep and bear arms, although the right is not unlimited. In the case of District of Columbia v.
Heller, Handgun possession is banned under District of Columbia law. The ... Show more content on
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Supreme Court answered a constitutional question about whether the right to "keep and bear arms"
is an individual right unconnected to service in the militia or a collective right that applies only to
state–regulated militias. The Court held that the Second Amendment protects an individual right to
possess firearms for lawful use, such as self–defense, in the home. It struck provisions of a D.C. law
that (1) effectively banned possession of handguns by non–law enforcement officials and (2)
required lawfully owned firearms to be kept unloaded, disassembled, or locked when not located at
a business place or being used for lawful recreational activities, as unconstitutional. A range of gun
control laws remain "presumptively lawful," according to the Court. These include, but not
necessarily limited to, laws that (1) prohibit carrying concealed weapons, (2) prohibit gun
possession by felons or the mentally retarded, (3) prohibit carrying firearms in sensitive places such
as schools and government buildings, (4) impose "conditions and qualifications on the commercial
sale of arms," (5) prohibit "dangerous and unusual weapons," and (6) regulate firearm storage to
prevent accidents. Justice Scalia wrote the majority opinion. He was joined by Justices Alito,
Kennedy, Roberts, and Thomas. Justices Stevens and Breyer filed separate dissenting opinions.
"After an extensive review of the Second Amendment text and historical record, Scalia concluded
that the individual right interpretation is supported by (1) the historical record; (2) the amendment's
drafting history; and (3) interpretations of the amendment by scholars, courts, and legislators
through the late nineteenth century" (Rose,
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So It's All Fixed Right Case Study
So It's All Fixed, Right? With their findings in the media, what the legal team at Acumen hoped for
would be a change of procedure. The lawyers hoped that the RCMP would pull the defective
Approved Screening Devices (ASD) from service, replace the defective devices, and immediately
notify anyone charged with an IRP that was tied to one of the defective devices. However, the story
died quickly in the media and nothing like that happened at all. In fact, some of the devices that are
known to be defective are still in the hands of the RCMP. The new device issued by the
manufacturer requires new training. Not all RCMP officers have been trained on the new device.
Which might suggest that the old devices, with a known defects, may still be in ... Show more
content on Helpwriting.net ...
The police stated they trust the Superintendent of Motor Vehicles to deal with the unreliable
defective devices. The Superintendent then said he trusted the police to use reliable devices, then the
BC Premier said she had confidence in the system. Yet nobody acknowledged the problem with any
accountability for the errors. What the BC Government Did Instead The BC Government changed
the law. Bill 15 will allow the Superintendent of Motor Vehicles to be a party in adjudication. The
new changes are in sections 215.41–215.51 of the Motor Vehicle Act. The changes in the law
included removal of a word, words or phrases, included new sections and referred to other sections
that are not yet in place. To summarize the new changes, it give the power to the Superintendent to
chose and/or limit, what to allow and what to disallow, and chose what can and cannot, be
admissible as evidence in an IRP case. The new law is passed but not in force quite yet. It's just a
matter of time now. Why Is This Really NOT a Good Idea Other than the obvious, a person charged
with an IRP has only a 7 day limitation period. Meaning if a person is charged under the prohibition
law, they have 7 days to file documents to challenge the
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Judicial Activism
engaging in illicit drug dealing, not to define standards of medical practices (Justia US Supreme
Court 2006). The Court affirmed the Ninth's ruling against Attorney General Ashcroft. Justice Scalia
dissented and wrote. "I hereby determine that assisting suicide is not a 'legitimate medical purpose"
(Justia US Supreme Court 2006). So the same conservatives on the Bench that favor state's rights
thought it was legitimate for one officer of the Executive Branch to define the laws practice. Neither
with a claim a textual Constitutional evidence, yet activist driven for their ideological reasoning to
achieve the desired results. Visa Versa Too In District of Columbia v. Heller (2008), it was ruled the
Second Amendment protects the right ... Show more content on Helpwriting.net ...
President Obama framed judicial activism as opposing the "will of Congress," while conservatives
have tended to focus more on the judicial nullification of state laws (Whittington 2014). They all
prefer to be activist jurist when they believe that the legislature has made a constitutional error, and
they are willing to override minorities on the bench or political opposition in order to compel their
interpretations of constitutional requirements. (Whittington 2014). If anything has been proven here,
is activism is not a philosophy. Activism is only a degree of evaluation in deciding cases. Judicial
Review results in a spectrum of a simple yes or no in restraint judicial decisions, to almost anything
else in activism judicial
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The Case Of Marbury V. Madison
For over two centuries, the most important law document in America is the Constitution. More
importantly, among the three branches, the judicial branch has one of the most important jobs in the
government: to check and review the laws established by the executive branch and legislative
branch. Moreover, the judicial branch's job is to interpret and apply the law in the government, but it
is also the only branch with the power of Judicial Review, which the judicial branch decide whether
a law or action is consistent with fundamental laws such as the Constitution. This paper will be
exploring the history behind the paramount case of Marbury v. Madison, 1803 and its decision that
established the power of Judicial Review, the importance and relevancy of Judicial Review in
modern government through the case of Ladue v. Gilleo, 1994, and lastly the criticisms of the
powers and duties behind Judicial Review. The intentions behind the judicial review sprouted from
the disagreements between John Adam's party, later associated as the Federalist Party, and Thomas
Jefferson's party, the Democratic–Republican. Upon losing his re–election race, John Adams
directed commissions to fill the federal office with Federalists, in the hopes to hinder Thomas
Jefferson's presidency. These commissions were sent up until Adam's last day in office. Many of
these appointees were argued to have questionable legitimacy, as many appointments were delivered
at the stroke of midnight–these were the
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David Albert 's The New York Times
David Albert is a professor of philosophical foundations of physics at Columbia University in New
York. He got his Bachelors degree in Physics from Columbia University and a Doctorate in
Theoretical physics at Rockefeller University. In 2012, Dr. Albert got into a public dispute with
Lawrence Krauss who is a theoretical physicist and cosmologist. He is also the Foundation
Professor of the school of Earth and Space exploration at Arizona State University in Tempe,
Arizona.
Dr. Krauss wrote a book called A Universe from Nothing where he stated that religion is now
irrelevant because science can now prove that something can come from nothing. Dr. Albert read
and wrote a scathing review of the book for the New York Times, stating that the title is devastating
and in no way can we prove that something can come from nothing. For starters, Dr. Albert is an
atheist and believes that this book is arguing for his views of religion, but doing so in a dishonest
way. This led Dr. Albert to write such a review over this book. After his review was published, Dr.
Krauss responded to the review saying some outlandish statements, which Dr. Albert was kind
enough to come and debate for us here at Benedictine College.
The first statement that Dr. Krauss makes is a statement between the relationship of philosophy and
science. He says that philosophy is for people who can not do, so they teach. He goes on to say that
science progress and philosophy does not. Dr. Albert responded to that by
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Symbolic Speech : Freedom Of Speech
Freedom of Speech: To Kneel or Not to Kneel?
Symbolic Speech: Whether 'tis Nobler to Ignore the First Amendment
Introduction The "inspiration" for my topic came from our first assignment, the MTU Constitutional
Essay Contest, and the NFL kneeling/National Anthem controversy. The extent of the public outcry
and the divisiveness it has caused baffles. Kneeling during the playing of The National Anthem at
widely viewed sporting events seems like a perfect and peaceful way to bring attention to a societal
problem. It is freedom of symbolic speech at its finest. And it is nothing new. Americans have been
engaging in symbolic political speech since before we even had a Constitution to protect it.
Colonists threw tea in the Boston ... Show more content on Helpwriting.net ...
I actually used two queries for the 9/11 analysis.
QUERY ONE:
Step 1: "Freedom of Speech" and "flag–burning" (English Only) = 448.
Step 2: Narrowed to articles in the United States = 63.
Step 3: Those written after 9/11/2001 = 46
Step 4: After reviewing the titles and abstracts, refined to = 29 I experimented with several different
sequencing of search logic. At first I used "symbolic speech" instead of "flag–burning," but the
results were too large for the purposes of this paper. The search logic above worked best for the
limits of this paper.
QUERY TWO:
Step 1: "Freedom of Speech" (English Only) = 306134
Step 2: Narrowed to articles in the United States = 32986
Step 3: Those written after 9/11/2001 = 26503
Findings In Query One, of the 448 English language articles that included both "Freedom of
Speech" and "flag–burning," sixty–three of them were located in the United States. Of those articles,
forty–six were written after 9/11 representing 73%. In the even broader sample of Query Two, 80%
of the articles were written post–9/11. After reviewing titles and abstracts of Query One, an
additional seventeen articles were eliminated leaving twenty–nine for analysis. Of the twenty–nine
articles, not surprisingly over 40% were law review articles.
Discussion/Conclusion Whether burning or bedazzling it, we use the flag as a means of symbolic
speech. There is no question that there has been an increase in displaying the flag
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Administrative Tribunals In Canada
Administrative law in Canada is a form of public law, and no supreme legislation defines the
principle of administrative law (Boyd 269). One important point to note that the applicability of
judicial review of an administrative decision is the key issue for an administrative law (Boyd 271).
Consider the case of Dr. Q v. College of Physicians and Surgeons of British Columbia, in which, the
committee of the college had established that the doctor was guilty of taking emotional and physical
advantage of Ms. T, one of his patients. Ultimately, after investigation, the committee sanctioned Dr.
Q. for 18 months. Dr. Q then appealed the decision under the Medical Practitioners Act. Upon her
review of the case, British Columbia Supreme Court judge, ... Show more content on
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One has to understand that tribunal decision that tends to uphold statutory intentions, including
protection of the public interest, require greater respect during the review. This means that the
reviewing courts should show deference to a significant extent to tribunals during cases of such
kinds (Boyd 279). Likewise, in its review, the court should consider the technical aspects involved
in the decision–making process by the tribunal in question (Boyd 267). It can be fairly said that the
tribunals might be better placed to make the appropriate choice from the available options due to
aspects such as specialization and understanding of the circumstances leading to the case at hand.
By considering such aspects, the reviewing court should exhibit deference to the tribunal's decision.
Here the committee at the College of Physicians and Surgeons of British Columbia was set to act as
a decision–maker in the belief that it had an upper hand in selecting the appropriate choice. Thus,
the reviewing judge's disregard of such responsibility granted to the committee clearly illustrates
that judicial review in Canada overlaps the work of administrative tribunals. Instead of supporting
bodies that are mandated to address certain matters of public interest, judicial review process
downplays their
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Barack Obama Journey
In the years of 2007–2008 a man named Barack Obama decided she wanted to run for president. He
was the first African American man to ever run for president let alone win the election. In this
research paper I will go through the journey of Barack Obama's presidency; from his early life , to
his background in politics, and his actual presidency.
On August 4th, 1961, Barack Hussein Obama Jr. was born in Honolulu Hawaii. His Parents are
Barack Obama Sr. and Stanley Ann Dunham. He spent most of his childhood in Honolulu. A little
later on Obama Sr, relocated to Massachusetts to attend Harvard and pursue a Ph.D. During this
time his parents divorced in 1964. Causing Obama not to have a relationship with his father. He
graduated from Punahou school in 1979. In 1981 Obama Sr. lost his legs in a car crash. Due to being
in a wheel chair he lost his job. And in 1982 he was in yet another collision and passed. Once
Obama got ... Show more content on Helpwriting.net ...
After high school he moved to LA, Where he studied at Occidental College for two years. In
February of 1981 he made his first public speech . Calling for Occidentals divestment for south
Africa. He movd to NYC and transferred to Columbia where he majored in political science with a
specialization in international relations. As a young adult he was educated at Occidental College ,
Columbia University , and Havard Law School. He is brilliant. He also worked as a community
organizer, lawyer, Lecture and Senior Lecture of Constitutional law at the University of Chicago
Law School. In 1990 Obama was elected the first African American head of Havard's law review. In
1991 Barack graduated magna cum laude from Harvard Law. In 1997 he published his memoir
'dreams from My Father". In his memoir he describes his experiences growing up in his mothers
middle–class family and his knowledge of a black father. After law school he returned to Chicago to
practice as a civil rights lawyer with the firm Miner, Barnhill, and
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Copyright Law On The Planet
"Only one thing is impossible for God: To find any sense in any copyright law on the planet" (Mark
Twain). The concept of copyright in the United States has a large history. The first form of copyright
in the United States stems from Article 1, Section 8, Clause 8 of the U.S. Constitution in the year
1787, where "Congress shall have power . . . to promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to their respective writings
and discoveries." These "exclusive rights" were originally extremely limited, as the first Copyright
Act of 1790 only applied to maps, charts, and books. As time has advanced, copyright practices in
the United States have undergone several reforms, among the most recent being the infamous
Digital Millennium Copyright Act (DMCA) of 1998. Said act updated United States law to the
requirements of the World Intellectual Property Organization (WIPO), such as placing limitations on
the liability of online service providers for copyright violations made by users. The act, however,
has been a subject of controversy in recent times, as some content creators abuse it to control access
to their content. This is accomplished through methods such as copyright trolling, in which the
copyright holder produces works solely for the purpose of litigation rather than distribution.
Oftentimes, these practices are thought to be a violation of fair use, which enables copyrighted work
to be used without
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Courts Essay
The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as
extending in law and equity to all cases arising under the Constitution and federal legislation; to
controversies to which the U.S. shall be a party, including those arising from treaties with other
governments; to admiralty and maritime cases; to controversies between states; to controversies
between a state, or its citizens, and foreign governments or their subjects; and to controversies
between the citizens of one state and citizens of another state. The federal courts were also originally
invested with jurisdiction over controversies between citizens of one state and the government of
another state; the 11th Amendment (ratified ... Show more content on Helpwriting.net ...
Other federal courts, established by Congress under powers held to be implied in other articles of
the Constitution, are called legislative courts. These are the Claims Court, the Court of International
Trade, the Tax Court, and the territorial courts established in the federally administered territories of
the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the
case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of
these courts are suggested by their titles.
State Courts
Each state has an independent system of courts operating under the constitution and laws of the
state. Broadly speaking, the state courts are based on the English judicial system as it existed in
colonial times, but as modified by statutory enactment's; the character and names of the courts differ
from state to state. The state courts as a whole have general jurisdiction, except in cases in which
exclusive jurisdiction has been vested in the federal courts. In cases involving the federal
Constitution or federal laws or treaties, the state courts are governed by the decisions of the
Supreme Court and their decisions are subject to review
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Judicial Branch Research Paper
The Judiciary branch has the most power of any of the other three branches. This branch serves as a
check on the powers of the other two branches of government. As an interpreter of the law, the
judiciary branch waits until a lawsuit is filed in order to proceed through the judicial process.
Although all three branches of government are powerful together, the judiciary branch is the most
powerful because it is appointed by the president and has the ability to interpret the constitution.
Article III of the Constitution of the United States guarantees that every person accused of
wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers (The
White House). Article III of the Constitution allows Congress to determine ... Show more content on
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Cases brought forth the Judiciary most often proceed from district court and possibly the Supreme
Court, which comparatively hears few cases each year. The federal courts have jurisdiction over:
cases that raise a "federal question" involving the United States Government , the U.S. Constitution,
or other federal laws; and cases involving "diversity of citizenship," which are disputes between two
parties not from the same state or country, and where the claim meets a set dollar threshold for
damages (US Courts). The federal courts most important power is that of judicial review, which
gives the authority to interpret the constitution. Another measure of the Supreme Court's power is its
ability to overrule itself. In 1954, the Supreme Court ruled in Brown v. Board of Education of
Topeka that schools segregated by race were unconstitutional. This reversed the 1896 Plessy v.
Ferguson decision that upheld the doctrine of "separate but equal" (US History). The Judiciary
Branch has settled many famous cases. Miranda v. Arizona, 1966, which was a 5–4 decision, noted
that Prisoners must be advised of their rights before being questioned by police. Additionally, Roe v.
Wade, 1973, a 7–2 decision, ruled that women have a constitutional right to an abortion during the
first two trimesters
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Alpha Titans Case Virtue Ethics Case Summary
Outline
I. Introduction
II. Background introduction (A). introduction of firm Alpha Titans LLC (B). introduction of other
related entities (C). facts of the case
III. Decision making model apply to the case
(A). how should we make the decision
(i). determine the facts
(ii). identify the character of interest
(iii). determine the stakeholder
(vi). the available alternatives
(v). the influence of the alternatives to the stakeholders (B). how should the available alternatives
apply to the case
VI. The applied ethical theories
(A). Virtue ethics theory
(i). how does Virtue ethics theory apply to CPA firm
(ii). how does Virtue ethics theory apply to the company (B). Situation Ethics of Joseph Fletcher
(i). how does Situation Ethics ... Show more content on Helpwriting.net ...
(N.D.). SEARCHING FOR INTEGRITY AND LEGITIMACY. YALE LAW AND POLICY
REVIEW.
COX, J. D. (2003). REFORMING THE CULTURE OF FINANCIAL REPORTING: THE PCAOB
AND THE METRICS FOR ACCOUNTING MEASUREMENTS. WASHINGTON UNIVERSITY
WASHINGTON UNIVERSITY LAW QUARTERLY.
CRENSHAW, J. (2006). HEDGE FUNDS: REGULATORY, TAX, AND ORGANIZATIONAL
CONSIDERATIONS. 2006 FLORIDA JOURNAL OF INTERNATIONAL LAW FLORIDA
JOURNAL OF INTERNATIONAL LAW.
CSIKSZENTMIHALYI, M. (2006). HOW TO BE GOOD; A SCIENTS ARGUES THAT HUMANS
HAVE ETHICS HARD–WIRED INTO US. BOOK WORLD. THE WASHINGTON POST.
CUNNINGHAM, L. A. (2006). SARBANES–OXLEY ACCOUNTING ISSUES: TOO BIG TO
FAIL: MORAL HAZARD IN AUDITING AND THE NEED TO RESTRUCTURE THE
INDUSTRY BEFORE IT UNRAVELS. THE COLUMBIA LAW REVIEW COLUMBIA LAW
REVIEW.
EDWARDS, M. A. (2014). THE VIRTUE OF MANDATORY DISCLOSURE. NOTRE DAME
JOURNAL OF LAW, ETHICS & PUBLIC POLICY NOTRE DAME JOURNAL OF LAW,
ETHICS & PUBLIC POLICY.
EHRLICH, J. H. (1986). INTERNATIONAL OF STOCK MARKETS: POTENTIAL PROBLEMS
FOR UNITED STATES SHAREHOLDERS. J. INT'L L. & BUS.
GIUDICE, M. (2006). WHY OUR LEGAL SYSTEM FAILS TO DO WHAT'S RIGHT. CARDOZO
PUBLIC LAW, POLICY & ETHICS JOURNAL CARDOZO PUBLIC LAW, POLICY & ETHICS
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Summary: The Case Of Mr. Carson
The Case of Mr. Carson 1 Introduction On March 15th, 2015 at the New West courthouse,
courtroom 202, Shawn Carson was present for his bail hearing. Mr Carson was present for breach of
a conditional sentence. Mr Carson received a fair hearing, which was content under Canadian law.
An element present in the accused case was the possession and trafficking of marijuana. This
substance has seen the controversy surrounding its medical uses. In relation to Mr Carson, there has
been a recent case involving Marc Emery, who is a political activist. This element under Canadian
law interconnected towards the accused situation. Under Canadian law possession, along with
trafficking of marijuana can affiliate with a summary or an indictable offence. However, due to
provincial law, British Columbia and Ontario approach this matter ... Show more content on
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In 1996 conditional sentences were introduced by the federal government. Conditional sentences
allow the offender to serve their sentence within the community. If there is a breach the offender
may be brought back before crown to receive a hearing. The conditional sentence imposes
restrictions on an offender's liberty (cite p. 138). The conditions of the accused involved not being
present on, or around sky trains The second part of the paper will review the arguments of crown
and counsel while comparing them towards the judge's decision. Counsel argued the accused the
accused use of The Case of Mr Carson 2 sky trains were necessary for work relations. Crown,
however, stated the offender did not appeal the conditions prior to the incident. The accused was
held to reappear before the sentencing judge
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The Case Of Kent V. United States
KENT V. UNITED STATES
Darrel Jones
December 17, 2014
Northeastern State University Abstract The case of Kent V. United States is a historical case in the
United States. The Kent case helped lead the way in the development of a list of eight criteria and
principles. This creation of these criteria and principle has helped protect the offender and public for
more than forty–five years. Which as a reason has forever changed the process of waving a juvenile
into the adult system (Find Law, 2014).
Introduction
Morris A. Kent was a young teenager who had been in and out of trouble in the District of Columbia
during the late 50's and early 60's. Kent had stayed in the juvenile court system on probation all the
way up until 1961. When at the age of sixteen he was charged with several charges and was
waivered into the adult system and later found guilty. Although, Kent appealed his case and his
appeal went all the way up to the U.S. Supreme Court (Find Law, 2014).
Literature Review Morris A. Kent first appeared in front of the Juvenile Court of District of
Columbia in 1959 at the age of fourteen, for breaking into homes and trying to snatch a purse. He
was placed on probation for the burglaries and attempted purse snatching. A couple years later on
September 2, 1961 his fingerprints were found in a woman's apartment, after she was raped and her
wallet stolen, by an intruder, who was identified as Kent, through his fingerprints. Kent was
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Matters Of Integrity : The Ethics Behind Attorneys Essay
Matters of Integrity: The Ethics behind Attorneys Valeria Ramos and Sabrina Reed Texas A&M
International University Abstract As an attorney it is his or her job to make sure the client is at ease
and their privacy is being protected. The legal profession has many components in order to be a
successful attorney. As attorneys there are ethical dilemmas that correspond with being an attorney.
These dilemmas include conflicts of interest, staff–management, attorney–client advocacy, and
professional responsibility. The main ethical issue with attorneys is the Matter of Integrity. These
attorneys are trusted with personal information, and as the attorney it is his or her job to maintain
that trust. When a client comes in and asks for help, the utmost privacy should be given. The choices
that these attorneys make should be solely based on what is best for the client and their integrity is
not diminished in any way. Utilitarianism is the best philosophical approach to combat the ethical
dilemmas those in the legal profession would face. The idea of "the greater good mentality" is in the
legal profession, there comes many choices to be made in regards to the client. Ethical Dilemma:
Matter of Integrity Attorneys are the people we go to when we need a legal problem solved.
Whether you are the victim or the accused there is an attorney that will take the case. In the legal
profession there are many obstacles one may face, from not having enough
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Brad Meltzer Essay
Brad Meltzer is the son of Stewart and Teri Meltzer, who was born on April 1, 1970, in Brooklyn,
New York City, NY. Meltzer attended the University of Michigan, where he earned his degree. He is
the first in his immediate family to attend a four–year college. In 1993, Meltzer worked in sales by
day in Games magazines and by night he worked on his first novel. He then graduated from
Columbia Law School and was selected to the Columbia Law Review. Meltzer is an American
political thriller novelist, non–fiction writer, TV show creator, and comic book author. He is one of
the only authors to have his books on the bestselling lists for Fiction, Nonfiction, Advice, comic
books, and Children's Books. He has currently been put on the Hollywood's 25 Most Powerful
Authors list by The ... Show more content on Helpwriting.net ...
He wanted them to see real heroes that are no different from themselves. He tells the story of each
hero when they were kids so the children can see that they were not only famous but they are just
like us. Meltzer is also the host of Brad Meltzer's Lost History on H2 and Brad Meltzer's Decoded
on the History Channel. Meltzer is also responsible for helping to find the 9/11 missing flag that the
firefighters raised at Ground Zero. Meltzer talked about the missing flag in his show, Brad Meltzer's
Lost History, he asked Americans for their help to returning the flag and a few days later the flag
was returned by a former Marine. The finding of the missing 9/11 flag made it national news on the
15th anniversary of 9/11 and the flag is now on display at the 9/11 Museum in New York. Brad
Meltzer is also an inspirational speaker and has done two TED Talks, "How To Write Your Own
Obituary" and "Write Your Story, Change History". He helped to save and preserve the house where
Superman was created. Meltzer currently lives in Florida with his wife Cori, two sons, and daughter,
where he continues to work on his
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Marbury Vs Madison Case Brief
Throughout history, many cases have gone beyond local courts and have reached Supreme Court.
One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison
was a case that was fought because James Madison refused to deliver Marbury's commission. In
return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The
Supreme Court had reinforced the "Marbury" decision in many cases, for example McCulloch v.
Maryland, Cohens v. Virginia, and United States v. Le Baron. In the case McCulloch v. Maryland,
similar tactics from the Marbury v. Madison case. In the Marbury v. Madison case, the court had
declared a law unconstitutional. When a law is declared unconstitutional, it is called judicial review.
Maryland had ... Show more content on Helpwriting.net ...
Gilleo was also a case in which reviewing the law was necessary. Margaret Gilleo the city of Ladue
had placed a ""Say No to War in the Persian Gulf, Call Congress Now" sign in her front yard. The
city of Ladue had a law prohibiting the use of law signs, and requested the removal of the Gilleo's
sign. Gilleo had refused to take the sign down, because forced removal of it would violate her 1st
amendment rights. The city had sent the case to the Supreme Court and reviewed the law to see her
position on the matter. The Supreme Court had decided she was allowed to express her political
opinions. Similar the Marbury v. Madison, the case was taken to the Supreme Court, where laws
were reviewed to determine decisions.
To conclude, the Marbury v. Madison case has greatly impacted the way the Supreme Court makes
decisions. Marbury v. Madison had incorporated the process of Judicial review, which allows courts
to review the laws to see if they are being violated. Judicial review was utilized in countless cases,
such as, Cohens v. Virginia, Ladue v. Gilleo, and McCulloch v. Maryland. To this day, the Supreme
Court has utilized the Marbury v. Madison decision as a model for future
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Persuasive Essay On Texting And Driving
Has your life ever been affected by a tragic death? Well don't let that happen again and lower your
chance of doing so by putting that phone of yours away while driving! Texting and driving has been
a problem ever since smart phones have come out. There are around 660,000 people daily who use
cell phones while driving, according to the FCC. It is so common that almost everyone knows
someone who has text and drove in the past or currently does it frequently. One reason why texting
and driving at Columbia is an issue is because it is a law. "Texting, as that term is defined in
subsection (1) of this section, while driving a moving motor vehicle shall constitute an infraction
provided this does not apply to voice–operated or hands free devices ... Show more content on
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"Approximately nine people are killed and more than 1,000 injured daily in the U.S. in incidents
reported as including a distracted driver, the CDC reports. According to NHTSA, there were 3,477
people killed and an estimated additional 391,000 people injured in motor vehicle crashes, including
distracted drivers in 2015 alone" (FCC). Texting and driving's after effects cause deaths every single
day in the U.S. There haven't been any deaths at Columbia due to distracted driving, but with the
odds, there is a chance it will happen eventually to someone if they continue to text and drive. "The
severity can range from minor vehicle damage all the way up to a totaled car... Fines vary and
insurance carries will likely see the violation and add a surcharge to your car insurance policy at
your next policy renewal" (Delbridge). Effects of texting and driving can damage car in many ways.
There is a lot of evidence to prove this at Columbia just by walking around and looking at all of the
cars they have been hit. The added insurance charges are also another consequence to add on
everything that can already happen. These effects will happen, unless the issue can be
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The Opposition Of Judicial Activism
n response to the criticisms of those who are anti–judicial activism, "supporters of judicial activism
say such activism through judicial review is necessary because it allows the courts to step in and fill
gaps in the law where minorities are not protected because of political pressures and where
politicians are afraid to legislate" . This raises the argument that judges and the judiciary play a
balanced activist legislative role in such a way that it protects the rights of minorities from
legislation or regulation imposed by the government. Within our democratic system, legislators will
pay attention to what the majority wants and they will pursue public policies, which favour the
majority. This leaves minority interests vulnerable to the legislations and regulations imposed by the
government. By playing an active role, the judiciary ensures that the rights of the minorities are
protected and that law does not contravene with the Charter of Human Rights and the Constitution
of Canada. Through this kind of judicial activism, the courts strike a balance with the legislatures
role. This is not to say that the judiciary takes on the role of policymaking and the legislature, but
rather that both institutions embrace what is referred to as a "dialogue" where there is a balance
between judicial decision–making and legislative–executive decision making . However, according
to MacKay, "it is legitimate for the courts to engage in a form of judicial policy making so long as
they do
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Hillbilly Elegy Analysis
In the memoir Hillbilly Elegy by J.D. Vance, Vance is portrayed as achieving the American Dream.
This comes from Vance being determined and by working very hard so he can make something out
of his life. So, in the memoir Hillbilly Elegy by J.D. Vance, it is shown that Vance's argument about
developing success is that hard work leads to success. Vance argues that hard work leads to success
by using positive language and diction that have connotations. Vance is a graduate from one of the
top law schools, Yale Law School, which means that Vance had to put in a lot of hard work to get
there. Not only did Vance get into Yale Law School, but he was also the editor of the Yale Law
Journal: "I was a recent graduate of Yale Law School, a former editor of the prestigious Yale Law
Journal" (Vance 236). And this shows where Vance ended up by his hard work, and this is shown by
using very positive language because of how Vance talks about he participated in other programs at
Yale Law School, like being the editor of the Yale Law Journal. Vance also uses certain diction that
have connotations to defend his argument about success, which is shown through words like Yale
Law School, which gives a connotation about someone who is very smart. Also, Vance uses words
like prestigious, which have a connotation of somebody with a high status. Another reason that
supports the argument that Vance develops about success is how Vance recognizes that all the work
he did led to him achieving the
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Arguments Against Gun Control
An un–armed population will have a difficult time protecting itself from criminals that clearly do not
care about laws and would most likely be more successful in committing a crime if their intended
victims are incapable of defending themselves. While there are numerous reasons, including social,
economic and mental health, as to why criminals commit crimes, having access to guns is not one of
them. The 2nd Amendment of the Constitution states, "A well regulated Militia, being necessary to
the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"
(U.S. Const. amend. II). Protecting the 2nd Amendment of the Constitution is vital because limiting
or outright denying law–abiding citizens the ability to possess firearms, which are nothing more
than a tool, will cause more problems, such as higher crime rates, than it would solve. The crux of
the debate of whether this country needs more gun control laws or ... Show more content on
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Gun control activists have a tendency to use the mantra that more guns means more deaths. Gun
control activists will also point out to the U.S. murder rate and compare it to England's as further
proof. However, the mantra that more guns means more death has been proven to be patently false
when compared to multiple European countries, where there is no direct correlation between gun
ownership and murder rate (Kates & Mauser, n.d., p652). Furthermore, Kates & Mauser (n.d., p653)
went on to show that there is actually a negative correlation between firearm concentration and
violent crimes. Ehrenfreund & Godlfarb (2015) referenced a study conducted in 2011 by an
economist named Richard Florida, using a graphic he made created showing states with tighter gun
laws had fewer gun related deaths per capita. This has also been refuted by the research of Kates &
Mauser where it was
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United States Court Of Appeals For The District Of...
United States Court of Appeals for the District of Columbia Circuit
United States,
Appellee
v.
Antoine Jones,
Appellant
ON APPEAL AS OF RIGHT FROM THE U.S. DISTRICT COURT OF THE DISTRICT OF
COLUMBIA
Case No. M2201–03453–CWA–T3–SP
Parker & Parker
Attorneys for Appellant
Oral Argument Requested
I. Table of Contents:
A. Table of Authorities: (Page 2)
B. Statement of Issues Presented for Review: (Page 2)
C. Statement of the Case: (Page 3)
D. Procedural History: (Page 3)
E. Summary of Facts: (Page 3, 4)
F. Standard of Review: (Page 4, 5)
G. Argument: (Page 5)
H. Conclusion: (Page 5)
II. Table of Authorities:
Katz v. United States
Silverthorne Lumber Company v. United States
Statement of ... Show more content on Helpwriting.net ...
Jones filed for an appeal claiming that the warrantless use of a GPS system to monitor his
whereabouts constituted an illegal search. In August (2010), the United States Court of Appeals for
the District of Columbia Circuit overturned his conviction stating that the search conducted was
unconstitutional and violates Mr. Jones "reasonable expectation of privacy."
Summary of Facts:
The FBI suspected Antoine Jones for drug trafficking and subsequently attached a GPS tracking
device to the undercarriage his vehicle to monitor his location.
Mr. Jones was arrested on drug possession on October 24, 2005.
Mr. Jones filed a motion to suppress the evidence obtained by the invalid search conducted by law
enforcement.
After a hung jury, Mr. Jones was acquitted of all charges except for one count of conspiracy to
distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more
grams of cocaine base.
In 2007, prosecutors retried Mr. Jones with one count of conspiracy to distribute and to possess with
intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.
In January (2008), Mr. Jones was found guilty on one count of conspiracy to distribute and to
possess with intent to distribute five or more kilograms of cocaine and 50 or
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Justice Ruth Bader Ginsburg
Women's equality has made huge advancements in the United States in the past decade. One of the
most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth
faced gender discrimination many times throughout her career and worked hard to ensure that
discrimination based on a person's gender would be eliminated for future generations. Ginsburg not
only worked to fight for women's equality but fought for the rights of men, as well, in order to show
that equality was a human right's issue and not just a problem that women faced. Though she faced
hardships and discrimination, Ruth never stopped working and thanks to her equality is a much
closer reality than it was fifty years ago. When Ruth first ... Show more content on Helpwriting.net
...
Instead of congratulating the women though he questioned them why they were studying law and
what their intentions were. He let them know that they were taking the place of other men who had
also applied for admission. Ruth was not there to play games however and she soon made the
Harvard Law Review while maintaining excellent grades.
During Ruth's second year of law school, Martin was diagnosed with cancer and he underwent
surgery and weeks of radiation. Throughout this time, Ruth kept him up to date on all of his work by
arranging note takers for all of his classes as well as typing his papers while he dictated them to her
(Kay, 2004). She did all of this while still maintaining her grades and her studies. Ruth felt she had
no other alternative than to make sure she was top in her class in order to attain a suitable job. After
losing her mother at a young age, she feared that her husband would also die of cancer and she
would become the sole provider of their daughter (Ward, 2010). By the time Martin was healthy
enough to work again and was fully in remission, Ruth had fallen in love with her work and would
not give it up.
In 1958, Martin graduated with his class and accepted a job in a law firm in New York City with the
firm of Weil, Gotshal & Manges. In order to stay with her family, Ruth transferred to Columbia Law
School to complete her final year of schooling. During her last year, Ruth
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The Aftermath of Griggs vs. Duke Power Company Case
Griggs v. Duke Power Co., 401 US 424 (1971) was a case of significant importance for civil rights.
Before Title VII was implemented in the year, 1964, Duke Power had demonstrated history of
discrimination against black employees by keeping them at low pay or not employing them. It was
in 1955 that the company developed a policy where the requirements to be placed or promoted in
the company to higher paying jobs required a high school diploma. Although this policy had no
impact on black workers already not offered promotions in the company, it did create a further
obstacle for black employees later on. As was the racial problems of the time, this policy was only
for black employees. It was not until Title VII became effective, (July 2, 1965) Duke Power altered
its policy and made the policy binding on all workers, black and white. This allowed black workers
promotion opportunities they had not had. "The new promotion rules also provided that workers
could meet the high school requirement by achieving minimum scores on two widely used aptitude
tests: the Wonderlic Personnel Test and the Bennett Mechanical Composition Test. The minimum
scores required for these tests basically corresponded to the scores of the average high school
graduate at the time." ("FindLaw " Cases and Codes", n.d., p. 1) "The Wonderlic Personnel Test is a
twelve–minute, fifty–question intelligence test that assesses a person's aptitude and ability to
problem–solve in a wide range of activities. The
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The Pros And Cons Of The Right To Privacy
If we discuss the right of privacy then the first question comes in front of us that What is right to
privacy? Is this really beneficial and what is pro and con of Right to privacy and what entity can be
considered inside of this right and when it is introduced as publically and answer is, the privilege to
security suggest to the idea that one's close to home data is shielded from open investigation is know
as Right to Privacy, it is also a part of The Fourth Amendment to the Constitution of the United
States ensures that–
"the right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized".
"The Right to Privacy" (4 Harvard L.R. 193 (Dec. 15, 1890)) is a law audit article composed by
Samuel Warren and Louis Brandeis and distributed in the 1890 Harvard Law Review. Samuel
Warren was an attorney and he moved on from Harvard College in 1875 and successfully complete
an academic degree second in his class at Harvard Law School in 1877. The primary spot
understudy was his companion, Louis Brandeis, later a justice of the United States Supreme Court.
Getting closer to achieving the finish of 1890 they distributed their celebrated law audit article "The
Right to Privacy" in the Harvard Law Review and it was the "most
... Get more on HelpWriting.net ...
The Pros And Cons Of The Right To Privacy
If we discuss the right of privacy, then the first question comes in front of us that What is right to
privacy? Is this really beneficial and what is pro and con of Right to privacy and what entity can be
considered inside of this right and when it is introduced as publicly, and answer is, the privilege to
security suggest to the idea that one's close to home data is shielded from open investigation is
known as Right to Privacy, it is also a part of The Fourth Amendment to the Constitution of the
United States ensures that–
"The right of the people to be secure in their persons, houses, papers, and effects,[a] against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized".
"The Right to Privacy" (4 Harvard L.R. 193 (Dec. 15, 1890)) is a law audit article composed by
Samuel Warren and Louis Brandeis and distributed in the 1890 Harvard Law Review. Samuel
Warren was an attorney and he moved on from Harvard College in 1875 and successfully complete
an academic degree second in his class at Harvard Law School in 1877. The primary spot
understudy was his companion, Louis Brandeis, later a justice of the United States Supreme Court.
Getting closer to achieving the finish of 1890 they distributed their celebrated law audit article "The
Right to Privacy" in the Harvard Law Review and it was the "most
... Get more on HelpWriting.net ...
Ruth Bader Ginsburg Analysis
Neuborne, B. (2007). Introduction of Justice Ruth Bader Ginsburg. California Law Review, 95(6),
2213–2215. Retrieved from http://www.jstor.org/stable/20439141 This article spoke about Ruth
Bader Ginsburg's work with the American Civil Liberties Union (ACLU). Burt Neuborne describer
Ginsburg as a brilliant vibrant young lawyer when they met, and went on to talk about the
discrimination she faced. Ginsburg graduated top in her class in Columbia but was met with no job
offers in New York, because she had "three strikes against her", she was a woman, a Jew and a
mother. She was turned down from one job because said employer "wasn't ready to hire a woman."
Throughout her career at Rutgers as a professor she was payed less than her male colleges. ... Show
more content on Helpwriting.net ...
When she joined the Rutgers faculty she cofounded the Women's Rights Law Report at Rutgers the
first U.S. law journal focused solely on women. She joined the Columbia staff in 1972. One of her
projects while she was director of the Women's Right Project at the ACLU was an equal–pay
campaign with other faculty at the Columbia. After this she joined again with women on campus to
challenge the retirement plan for women. An unfair compensation package that payed women lower
monthly benefits. All within 1973–1979 she raised two children ran the Women's Rights project,
taught at Columbia and argued six cases in the U.S. Supreme Court. The partnership between
Ginsburg and her husbands was reported as incredible by people who witnessed them, a true team.
Husband never forced her to leave school and follow him to his job in 1956. Additionally, he was
never jealous or envious of her success and gave continues encouragement to drive forward in her
career. They divided home duties, and truly broke down the stereotypical family for the time. For
example, when their children's school only called Ruth when their son was called into the
headmaster's office for being mischievous, she told them, "This boy has a father..." and instructed
them to call her husband. Ginsburg wasn't afraid to challenge the nuclear family's norms. The clerks
that worked with her, spoke of how seeing Ginsburg raise her family and continue to learn and work
was inspiring and gave them a model to do the same. Having children doesn't mean you can't pursue
a career. Ginsburg was one of the first women to prove this. The first at that high of a level,
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Arrested Development Essay
––––––––––––––––––––––––––––––––––––––––––––––––– Clarence Williams
––––––––––––––––––––––––––––––––––––––––––––––––– EN102 Outline for argument analysis:
Arrested Development I. ––––––––––––––––––––––––––––––––––––––––––––––––– Introduction:
* ––––––––––––––––––––––––––––––––––––––––––––––––– James Forman Jr. targets this article
towards conservatives who oppose racial profiling *
––––––––––––––––––––––––––––––––––––––––––––––––– Claim: Forman claims that racial
profiling is an ineffective way to enforce the law and should be stopped.
––––––––––––––––––––––––––––––––––––––––––––––––– II. Summary: "Arrested Development"
by James Forman Jr. , is an article that looks at the issue of racial profiling. III. ... Show more
content on Helpwriting.net ...
––––––––––––––––––––––––––––––––––––––––––––––––– Forman follows the star criteria
exceptionally well * ––––––––––––––––––––––––––––––––––––––––––––––––– He gives
supporting facts, is credible, and is accurate with the facts that he stated
–––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––– Conclusion–In conclusion Forman
effectively makes a persuasive argument against racial profiling
––––––––––––––––––––––––––––––––––––––––––––––––– Clarence Williams
––––––––––––––––––––––––––––––––––––––––––––––––– 9–23–12
––––––––––––––––––––––––––––––––––––––––––––––––– EN102
–––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––– Argument Analysis:
––––––––––––––––––––––––––––––––––––––––––––––––– "Arrested Development: The
Conservative Case Against Racial Profiling" by James Forman Jr.
–––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––– "Arrested Development" by James
Forman Jr. , is an article that looks at the issue of racial profiling. Forman addresses the views of
conservatives who believe racial profiling to be a useful tactic in enforcing
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What Role Does Judicial Review Play A Role In Our Government
With Judicial review being such an important concept in this unit, it happens to play a massive role
in our government today. Judicial review is defined as "the power of courts to decide whether a
governmental institution has acted within its constitutional powers and, if not, to declare its action
null and void." This is basically stating that judicial view sets the standards for determining whether
or not an action put forth by our government is going to be within the guidelines of their power and
whether or not it can be passed. If the law cannot be passed it is rendered void meaning that the law
is not going to be implemented nor enforced by law. The 





Marbury v. Madison decision played a
huge role when it came to paving a path for
... Get more on HelpWriting.net ...
Content Based V Content Neutral Speech : How Occupational...
Content Based v. Content Neutral Speech: How Occupational Licensing Threatens First Amendment
Protections Introduction Since the 1950's, occupational licensing has grown from 73 occupations to
thousands of occupations being licensed. In fact, 28% of American jobs require a license in order to
practice a profession. Occupational licensing is a method of economic regulation whereby the
government controls the entry and supply of participants in a given profession. Occupational
licensing can be seen as restricting a form of speech, especially in professions that are completely
composed of speech, such as tour guides. There are different levels of speech and not all speech is
protected equally, however, even if speech is not protected under the strictest of scrutiny, it is still
protected none the less. Many professions have boards that require licensing for practicing the
profession. These boards will bring suit to those they believe are practicing the profession without
licenses and this practice can often go too far to infringing on the freedom of speech. This comment
addresses occupational licensing laws and discusses when the licensing law goes too far. Regarding
the most prominent cases on this issue, Kagan v. City of New Orleans and Edwards v. District of
Columbia, this comment discusses the importance of narrowly tailored regulation laws in order to
protect citizens from speech prohibition. Part I will analyze how occupational licenses can infringe
on the freedom of
... Get more on HelpWriting.net ...

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Mexican Drugs

  • 1. Mexican Drugs Mexico: Drugs or Democracy Introduction Illicit drug trade between Mexico and the United States, estimated between $17 billion and $38 billion a year in 2009 by the Drug Intelligence Center, has a long and storied past. Cartels operated with relative impunity from government prosecution during the seventy year reign of the Institutional Revolutionary Party, (PRI). The movement from an authoritarian government system of the PRI to the liberal democracy initiated by the election victory of the National Action Party, (PAN), candidate, Vicente Fox, in 2000, disrupted the status quo. Election gains by PAN Representatives disrupted long standing agreements between the cartels and government officials which led to the increased violence that ... Show more content on Helpwriting.net ... The DFS was supposed to fight drugs but one of the founders, Senator Colonel Carlos Serrano, was tied to the drug cartels. His appointment provided a direct link between the ruling political party and the drug cartels ensuring a flow of profits to government officials in exchange for protection and also mitigated the need for drug traffickers to participate in politics. This collaborative arrangement produced several decades of minimal drug related violence which was directed at opposing groups and did not affect the general population. Social changes in the United States during the 1960s and 1970 accompanied increased consumption of marijuana and later cocaine use became more widespread in the 19080s. The proliferation of drug use in American society prompted a change in the political view on drugs and the United States government declared "war" on drugs. The U.S. government focused on the drug producing and trafficking nations and pressured those nations into joining the "war". Mexico was pressured into heightening its efforts to combat drugs which included military operations to destroy drug trade and growing fields. These efforts focused on migrant workers forced into labor by the drug lords, barely disrupting the cartel's operations. The link between the DFS and the Mexican political structure came to an end with the assassination of U.S. DEA agent, Enrique Camarena, in 1985 and the subsequent pressure on the Mexican government. ... Get more on HelpWriting.net ...
  • 2.
  • 3. The Evolution Of The Law Of Fresh Evidence Essay Case Law review: the evolution of the law of fresh evidence As mentioned at the outset, in 1923, the Dominion Parliament gave broad discretionary powers to Canadian appellate courts to receive any evidence it deemed necessary and in the interest of justice to decide the issues on appeal against both verdict and sentence. However, unlike the pragmatic approach of the British, the Canadian legislators did not provide statutory guidance to the judiciary on the parameters for the exercise of this new power. It was therefore left to judges and the courts to fashion common law principles and procedures for the admission of fresh evidence with respect to verdict appeals, appeals from sentence and to a lesser extent references by the Minister of Justice to Canadian appellate courts. Each is discussed in turn in the sections that follow. II.2.1 Verdict appeals: incremental changes in the law of fresh evidence The slow but steady evolution in Canadian fresh evidence law in criminal and quasi criminal proceedings can best be classified into two distinct periods: the pre–Palmer jurisprudence and the post–Palmer developments. II.2.1 (i) Pre–Palmer Jurisprudence: 1910–1980 There have been incremental changes in the law of fresh evidence prior to the definitive judgment in Palmer in 1980. In 1925, the British Columbia Court of Appeal was the first appellate court to apply the new powers enacted in 1923 to admit fresh evidence. Prior to these amendments, appellate courts could ... Get more on HelpWriting.net ...
  • 4.
  • 5. John Adams Dbq Question 1: During the final hours of John Adams presidency, he named forty–two justices of the peace and sixteen new circuit court justices, one of them being William Marbury, for the district of Columbia under the Organic Act.This was his final attempt to let the Federalists take control of the federal Judiciary before Thomas Jefferson became president. Although Adams was able to sign the commission, his plan failed as his secretary of state at the time, John Marshall, was unable to deliver the commission before the end of Adam's term on March 4, 1801. Soon after Thomas Jefferson took office, he ordered his Secretary of State, James Madison, to decline the delivery of Marbury's commission. This caused William Marbury to go before the Supreme Court to argue his rights to be appointed justice of peace by asking the Supreme Court for a writ of mandamus to direct James Madison to deliver the commissions. Under the the Judiciary act of 1789 in which the Supreme Court is granted the power to issue a writ of mandamus and give orders to the ... Show more content on Helpwriting.net ... Marshall believed that congress could not give the supreme court the power to give Marbury his commission and that the Constitution only could. Furthermore the document said nothing about the Supreme Court having the power to issue such an order, thus making the Supreme Court not being able to force Jefferson and Madison to appoint Marbury as Peace of Justice. While Marbury never became a justice of peace, the court's ruling in Marbury V Madison was a very important Precedent. ( A legal decision that serves as an example in later court cases.) This eventually created the Judicial review which gave the court the right to review acts of congress and the action of the president. If the Court saw the law as unconstitutional, they could overrule the law. However at the end Marshall ended says that the Supreme Court has the final say on ... Get more on HelpWriting.net ...
  • 6.
  • 7. Comparing The Three Branches Of The Government When the Constitution was written, three branches were created. The three branches that were created, were the Legislative branch who makes the laws, the Executive branch who executes the law, and the Judicial branch who interprets the law [1]. By creating the three different branches of the government, a form of separation of powers were created. A separation of power is to ensure that no one branch has complete control over the other. In other words, the three branches operate independently, but rely on one another to be successful both independently and as a whole government. The Legislative branch has checks on the Executive branch in the form of impeachment powers, override of Presidential vetoes, and approval of departmental appointments. ... Show more content on Helpwriting.net ... Judicial Review is when the Supreme Court decides whether something is constitutional or not. The Supreme Court, not only hears cases to determine if they are constitutional or unconstitutional. They also decide whether laws and decisions created by the Legislative and Executive branches are constitutional or not. Judicial Review is the power to declare that a law is unconstitutional. Judicial Review is not a power that is given to the Supreme Court under the Constitution. Every time that the Supreme Court uses Judicial Review, they themselves are acting unconstitutional. The Supreme Court does not have the power to review laws to decide if they constitutional [2]. The Supreme Court and Chief Justice John Marshall, assumed the power of Judicial Review, in the case of Marbury v. Madison, 5 U.S. 137 (1803) [3]. In the presidential election of 1800, President John Adams was defeated by Thomas Jefferson. During his last month in office, President Adams had control over congress, thus passing the Judiciary Act of 1801. The act created and expanded previous district and circuit courts. Also creating new positions for Federal judges and justices of the ... Get more on HelpWriting.net ...
  • 8.
  • 9. Personal Narrative Analysis I hope youre having a great day. I just wanted to touch basis with you about the concerns we talked about last week. The reason I asked about the resources is because Ive fallen behind on my monthly bills by two months and received an eviction notice a week ago. My landlord has worked closely with me but she called on today and told me she has to call a sheriff out soon. Im not sure what all happens when a sheriff is called but it's part of the eviction process. She informed me first in case I want to find a place to stay before so that I can move my things but I dont have any place to go. I moved into my home in January, 2015 right after I had my son. I used the pay I received from short term, (maternity), to pay the first and second month's ... Get more on HelpWriting.net ...
  • 10.
  • 11. Skills and Intellect of President Barack Obama Essay President Barack Obama is a name known around the world thanks to his political triumphs and historical presidency. He has an extensive educational background and has a strong political resume to match. In the book Reading Obama by James Kloppenberg, Kloppenberg not only applauded President Obama's educational journey as a means to developing the necessary skills to be a leader, but also viewed Obama as an intellectual and philosophical president which he believes are unique characteristics only present in a minority of American historians. Kloppenberg uses Obama's own publications, such as his published books as well as issues of the Harvard Law Review, as an analytical tool to develop what he believes is Obama's political philosophy. ... Show more content on Helpwriting.net ... Pragmatism deals with a straight forward way of thinking and is centered on solving problems. As stated in lecture eight, "pragmatists promoted a "philosophy" of relativism not universalism" (Professor Garcia Lecture 8). This means that, in terms of pragmatism, one does what they consider is essential instead of following a natural law based upon philosophical principles and morality. In any matter, the truth as to what the right thing to do is relative to the situation and there is not a universally correct answer for all eternity. What is considered right changes over the years and law is meant to be changed as economic and political situations vary. The political philosophy of pragmatism helps Kloppenberg support his argument that Obama is more than just intelligent, that he is an intellectual. Kloppenberg states that, "Obama is also very much an intellectual" along with being a politician (Kloppenberg). He stresses that unlike other Presidents who were extremely intelligent, President Obama is "able to interrogate his own convictions–to place them in a broader cultural and historical context by imaginatively scrutinizing them from a position centuries in the future–without abandoning them" (Kloppenberg). Other Presidents, such as Richard Nixon, were considered extremely intelligent in Kloppenberg's opinion; however, he believed that was a result of opportunism and the goal of career advancement. Furthermore, ... Get more on HelpWriting.net ...
  • 12.
  • 13. How Did Ruth Bader Ginsberg Impact Society Throughout time, many individuals have stood up and fought for what they believed in. Many have impacted society, but the most important ones are the people who took charge and lead others to accomplish what seemed impossible. Supreme Court Justice Ruth Bader Ginsberg has impacted American society by being a superb role model. Ruth Bader has demonstrated her idol stance by proving women could also excel as much as men can academically. When Ginsberg went to Cornell University in 1954, "She earned her bachelor's degree in government as well as finishing first in her class." according to the article titled Biography: Ruth Bader Ginsberg 1933–. Outclassing others as a female, proves that hard work and effort outshines society's gender role stereotypes. Ginsberg has also excelled academically, "Becoming the first female member of the Harvard Law Review." To be the first female member of the reputable group when living in a society that women are not condemned as smart as men proves to females anywhere that women can be just as smart as men. ... Show more content on Helpwriting.net ... Ginsberg and later gave birth to a daughter, Jane. She decided to go back to school to further her education and applied to Harvard Law School. She along with seven other females were vastly outnumbered in her class of over 500 male students. According to article 2 "The women were chided–scolded or rebuked– by the law school's dean for taking the places of qualified males." Ginsberg did not take any of the words of her peers to heart and only focused on her own schooling, she eventually joined the Harvard Law Review, becoming the first female to ever officially be a member of the prestigious ... Get more on HelpWriting.net ...
  • 14.
  • 15. The Career of Ruth Bader Ginsburg On March 15, 1933 Ruth Bader Ginsburg was born in Brooklyn, New York to Nathan and Celia Bader (Bio.com). Throughout her life, she faced much discrimination. She grew up in a time in America where women and other minorities weren't always thought of as equals. For example, during her hearing before the Committee On the Judiciary United States Senate, Ginsburg talked about a sign she saw in Pennsylvania that had said "No Jews or dogs" when she was a teenager. Also during her hearing, she talked about how she felt about discrimination saying that it was something she always felt strongly about (U.S. Congress, 139). Despite the discriminations she was put up against, Ginsburg rose above them and became the first Jew and the second lady appointed to the Supreme Court. Neither one of her parents had much of an educational background. Because of this, her mother encouraged Ginsburg to pursue a higher education ("Jewish Women's Archive"). Her mother had a huge impact on her Ginsburg's life, she said, "I think of her often when I am in challenging situations that compel a top performance" (Swiger, 55). The day before Ruth Ginsburg graduated from James Madison High School, her mother sadly died from cancer. After high school, Ginsburg furthered her schooling by attending college. She graduated and achieved her Bachelor's degree from Cornell University in government in 1954. There was where she met her husband Marty Ginsburg ("Jewish Women's Archive"). According to Ruth her husband ... Get more on HelpWriting.net ...
  • 16.
  • 17. Trinity Western University Case Summary Case Analysis: Trinity Western University v. The Law Society of Upper Canada, 2016 ONCA 518. A case filed between Brayden Volkenant, TWU, MacPherson, Cronk and Pardu JJ.A. as the Appellants and the Law Society of Upper Canada being the Respondent. There also existed interveners. The date of the case verdict was on June Sixth and on June Seventh of the year 2016. Introduction The Canadian Act 1982 (U.K.), chapter 11, got enforced by The Canadian Charter of Rights and Freedoms within the Canadian Constitution (1982). The Charter's 22 short sections (2–23) protect the Canadians' rights subject to 6 domains: legal, equality, democratic, mobility, fundamental and linguistic. Trinity Western University (TWU), a distinguished evangelical and a private university in British Columbia considered setting up a law school. TWU principles spelled out clearly that it would not consider applicants from the same sex, as well as individuals subject to common law relationships bound outside marriages. TWU's Christian pillars advocates for sexual purity. TWU's appeal violated the 1982 Acts by the Law Society of Upper Canada (LSUC). Six societies in Labrador, Manitoba, Alberta, Saskatchewan, New Brunswick, New Foundland, and the Prince Edward Island granted TWU an accreditation. However, three law societies from Ontario, Nova Scotia, and British Columbia forfeited TWU's accreditation. Such an approach made a possible appeal to the LSUC inevitable; the superior court's decision overturned the ... Get more on HelpWriting.net ...
  • 18.
  • 19. Keep And Bear Arms Does the Second Amendment Protect Individual Rights to Keep and Bear Arms After reviewing the Supreme Court ruling in the case of "District of Columbia vs. Heller" (2008) and the wording of the Second Amendment to the U.S. Constitution, I firmly believe the amendment protects the individual right to keep and bear arms. Within the ruling, definitions from 1773 edition of Samuel Johnson's dictionary were used to clarify meanings (at the time of the founding, which holds the same meaning now) and helped form the decision. The Second Amendment conferred an individual right to keep and bear arms, although the right is not unlimited. In the case of District of Columbia v. Heller, Handgun possession is banned under District of Columbia law. The ... Show more content on Helpwriting.net ... Supreme Court answered a constitutional question about whether the right to "keep and bear arms" is an individual right unconnected to service in the militia or a collective right that applies only to state–regulated militias. The Court held that the Second Amendment protects an individual right to possess firearms for lawful use, such as self–defense, in the home. It struck provisions of a D.C. law that (1) effectively banned possession of handguns by non–law enforcement officials and (2) required lawfully owned firearms to be kept unloaded, disassembled, or locked when not located at a business place or being used for lawful recreational activities, as unconstitutional. A range of gun control laws remain "presumptively lawful," according to the Court. These include, but not necessarily limited to, laws that (1) prohibit carrying concealed weapons, (2) prohibit gun possession by felons or the mentally retarded, (3) prohibit carrying firearms in sensitive places such as schools and government buildings, (4) impose "conditions and qualifications on the commercial sale of arms," (5) prohibit "dangerous and unusual weapons," and (6) regulate firearm storage to prevent accidents. Justice Scalia wrote the majority opinion. He was joined by Justices Alito, Kennedy, Roberts, and Thomas. Justices Stevens and Breyer filed separate dissenting opinions. "After an extensive review of the Second Amendment text and historical record, Scalia concluded that the individual right interpretation is supported by (1) the historical record; (2) the amendment's drafting history; and (3) interpretations of the amendment by scholars, courts, and legislators through the late nineteenth century" (Rose, ... Get more on HelpWriting.net ...
  • 20.
  • 21. So It's All Fixed Right Case Study So It's All Fixed, Right? With their findings in the media, what the legal team at Acumen hoped for would be a change of procedure. The lawyers hoped that the RCMP would pull the defective Approved Screening Devices (ASD) from service, replace the defective devices, and immediately notify anyone charged with an IRP that was tied to one of the defective devices. However, the story died quickly in the media and nothing like that happened at all. In fact, some of the devices that are known to be defective are still in the hands of the RCMP. The new device issued by the manufacturer requires new training. Not all RCMP officers have been trained on the new device. Which might suggest that the old devices, with a known defects, may still be in ... Show more content on Helpwriting.net ... The police stated they trust the Superintendent of Motor Vehicles to deal with the unreliable defective devices. The Superintendent then said he trusted the police to use reliable devices, then the BC Premier said she had confidence in the system. Yet nobody acknowledged the problem with any accountability for the errors. What the BC Government Did Instead The BC Government changed the law. Bill 15 will allow the Superintendent of Motor Vehicles to be a party in adjudication. The new changes are in sections 215.41–215.51 of the Motor Vehicle Act. The changes in the law included removal of a word, words or phrases, included new sections and referred to other sections that are not yet in place. To summarize the new changes, it give the power to the Superintendent to chose and/or limit, what to allow and what to disallow, and chose what can and cannot, be admissible as evidence in an IRP case. The new law is passed but not in force quite yet. It's just a matter of time now. Why Is This Really NOT a Good Idea Other than the obvious, a person charged with an IRP has only a 7 day limitation period. Meaning if a person is charged under the prohibition law, they have 7 days to file documents to challenge the ... Get more on HelpWriting.net ...
  • 22.
  • 23. Judicial Activism engaging in illicit drug dealing, not to define standards of medical practices (Justia US Supreme Court 2006). The Court affirmed the Ninth's ruling against Attorney General Ashcroft. Justice Scalia dissented and wrote. "I hereby determine that assisting suicide is not a 'legitimate medical purpose" (Justia US Supreme Court 2006). So the same conservatives on the Bench that favor state's rights thought it was legitimate for one officer of the Executive Branch to define the laws practice. Neither with a claim a textual Constitutional evidence, yet activist driven for their ideological reasoning to achieve the desired results. Visa Versa Too In District of Columbia v. Heller (2008), it was ruled the Second Amendment protects the right ... Show more content on Helpwriting.net ... President Obama framed judicial activism as opposing the "will of Congress," while conservatives have tended to focus more on the judicial nullification of state laws (Whittington 2014). They all prefer to be activist jurist when they believe that the legislature has made a constitutional error, and they are willing to override minorities on the bench or political opposition in order to compel their interpretations of constitutional requirements. (Whittington 2014). If anything has been proven here, is activism is not a philosophy. Activism is only a degree of evaluation in deciding cases. Judicial Review results in a spectrum of a simple yes or no in restraint judicial decisions, to almost anything else in activism judicial ... Get more on HelpWriting.net ...
  • 24.
  • 25. The Case Of Marbury V. Madison For over two centuries, the most important law document in America is the Constitution. More importantly, among the three branches, the judicial branch has one of the most important jobs in the government: to check and review the laws established by the executive branch and legislative branch. Moreover, the judicial branch's job is to interpret and apply the law in the government, but it is also the only branch with the power of Judicial Review, which the judicial branch decide whether a law or action is consistent with fundamental laws such as the Constitution. This paper will be exploring the history behind the paramount case of Marbury v. Madison, 1803 and its decision that established the power of Judicial Review, the importance and relevancy of Judicial Review in modern government through the case of Ladue v. Gilleo, 1994, and lastly the criticisms of the powers and duties behind Judicial Review. The intentions behind the judicial review sprouted from the disagreements between John Adam's party, later associated as the Federalist Party, and Thomas Jefferson's party, the Democratic–Republican. Upon losing his re–election race, John Adams directed commissions to fill the federal office with Federalists, in the hopes to hinder Thomas Jefferson's presidency. These commissions were sent up until Adam's last day in office. Many of these appointees were argued to have questionable legitimacy, as many appointments were delivered at the stroke of midnight–these were the ... Get more on HelpWriting.net ...
  • 26.
  • 27. David Albert 's The New York Times David Albert is a professor of philosophical foundations of physics at Columbia University in New York. He got his Bachelors degree in Physics from Columbia University and a Doctorate in Theoretical physics at Rockefeller University. In 2012, Dr. Albert got into a public dispute with Lawrence Krauss who is a theoretical physicist and cosmologist. He is also the Foundation Professor of the school of Earth and Space exploration at Arizona State University in Tempe, Arizona. Dr. Krauss wrote a book called A Universe from Nothing where he stated that religion is now irrelevant because science can now prove that something can come from nothing. Dr. Albert read and wrote a scathing review of the book for the New York Times, stating that the title is devastating and in no way can we prove that something can come from nothing. For starters, Dr. Albert is an atheist and believes that this book is arguing for his views of religion, but doing so in a dishonest way. This led Dr. Albert to write such a review over this book. After his review was published, Dr. Krauss responded to the review saying some outlandish statements, which Dr. Albert was kind enough to come and debate for us here at Benedictine College. The first statement that Dr. Krauss makes is a statement between the relationship of philosophy and science. He says that philosophy is for people who can not do, so they teach. He goes on to say that science progress and philosophy does not. Dr. Albert responded to that by ... Get more on HelpWriting.net ...
  • 28.
  • 29. Symbolic Speech : Freedom Of Speech Freedom of Speech: To Kneel or Not to Kneel? Symbolic Speech: Whether 'tis Nobler to Ignore the First Amendment Introduction The "inspiration" for my topic came from our first assignment, the MTU Constitutional Essay Contest, and the NFL kneeling/National Anthem controversy. The extent of the public outcry and the divisiveness it has caused baffles. Kneeling during the playing of The National Anthem at widely viewed sporting events seems like a perfect and peaceful way to bring attention to a societal problem. It is freedom of symbolic speech at its finest. And it is nothing new. Americans have been engaging in symbolic political speech since before we even had a Constitution to protect it. Colonists threw tea in the Boston ... Show more content on Helpwriting.net ... I actually used two queries for the 9/11 analysis. QUERY ONE: Step 1: "Freedom of Speech" and "flag–burning" (English Only) = 448. Step 2: Narrowed to articles in the United States = 63. Step 3: Those written after 9/11/2001 = 46 Step 4: After reviewing the titles and abstracts, refined to = 29 I experimented with several different sequencing of search logic. At first I used "symbolic speech" instead of "flag–burning," but the results were too large for the purposes of this paper. The search logic above worked best for the limits of this paper. QUERY TWO: Step 1: "Freedom of Speech" (English Only) = 306134 Step 2: Narrowed to articles in the United States = 32986 Step 3: Those written after 9/11/2001 = 26503 Findings In Query One, of the 448 English language articles that included both "Freedom of Speech" and "flag–burning," sixty–three of them were located in the United States. Of those articles, forty–six were written after 9/11 representing 73%. In the even broader sample of Query Two, 80% of the articles were written post–9/11. After reviewing titles and abstracts of Query One, an additional seventeen articles were eliminated leaving twenty–nine for analysis. Of the twenty–nine articles, not surprisingly over 40% were law review articles. Discussion/Conclusion Whether burning or bedazzling it, we use the flag as a means of symbolic speech. There is no question that there has been an increase in displaying the flag ... Get more on HelpWriting.net ...
  • 30.
  • 31. Administrative Tribunals In Canada Administrative law in Canada is a form of public law, and no supreme legislation defines the principle of administrative law (Boyd 269). One important point to note that the applicability of judicial review of an administrative decision is the key issue for an administrative law (Boyd 271). Consider the case of Dr. Q v. College of Physicians and Surgeons of British Columbia, in which, the committee of the college had established that the doctor was guilty of taking emotional and physical advantage of Ms. T, one of his patients. Ultimately, after investigation, the committee sanctioned Dr. Q. for 18 months. Dr. Q then appealed the decision under the Medical Practitioners Act. Upon her review of the case, British Columbia Supreme Court judge, ... Show more content on Helpwriting.net ... One has to understand that tribunal decision that tends to uphold statutory intentions, including protection of the public interest, require greater respect during the review. This means that the reviewing courts should show deference to a significant extent to tribunals during cases of such kinds (Boyd 279). Likewise, in its review, the court should consider the technical aspects involved in the decision–making process by the tribunal in question (Boyd 267). It can be fairly said that the tribunals might be better placed to make the appropriate choice from the available options due to aspects such as specialization and understanding of the circumstances leading to the case at hand. By considering such aspects, the reviewing court should exhibit deference to the tribunal's decision. Here the committee at the College of Physicians and Surgeons of British Columbia was set to act as a decision–maker in the belief that it had an upper hand in selecting the appropriate choice. Thus, the reviewing judge's disregard of such responsibility granted to the committee clearly illustrates that judicial review in Canada overlaps the work of administrative tribunals. Instead of supporting bodies that are mandated to address certain matters of public interest, judicial review process downplays their ... Get more on HelpWriting.net ...
  • 32.
  • 33. Barack Obama Journey In the years of 2007–2008 a man named Barack Obama decided she wanted to run for president. He was the first African American man to ever run for president let alone win the election. In this research paper I will go through the journey of Barack Obama's presidency; from his early life , to his background in politics, and his actual presidency. On August 4th, 1961, Barack Hussein Obama Jr. was born in Honolulu Hawaii. His Parents are Barack Obama Sr. and Stanley Ann Dunham. He spent most of his childhood in Honolulu. A little later on Obama Sr, relocated to Massachusetts to attend Harvard and pursue a Ph.D. During this time his parents divorced in 1964. Causing Obama not to have a relationship with his father. He graduated from Punahou school in 1979. In 1981 Obama Sr. lost his legs in a car crash. Due to being in a wheel chair he lost his job. And in 1982 he was in yet another collision and passed. Once Obama got ... Show more content on Helpwriting.net ... After high school he moved to LA, Where he studied at Occidental College for two years. In February of 1981 he made his first public speech . Calling for Occidentals divestment for south Africa. He movd to NYC and transferred to Columbia where he majored in political science with a specialization in international relations. As a young adult he was educated at Occidental College , Columbia University , and Havard Law School. He is brilliant. He also worked as a community organizer, lawyer, Lecture and Senior Lecture of Constitutional law at the University of Chicago Law School. In 1990 Obama was elected the first African American head of Havard's law review. In 1991 Barack graduated magna cum laude from Harvard Law. In 1997 he published his memoir 'dreams from My Father". In his memoir he describes his experiences growing up in his mothers middle–class family and his knowledge of a black father. After law school he returned to Chicago to practice as a civil rights lawyer with the firm Miner, Barnhill, and ... Get more on HelpWriting.net ...
  • 34.
  • 35. Copyright Law On The Planet "Only one thing is impossible for God: To find any sense in any copyright law on the planet" (Mark Twain). The concept of copyright in the United States has a large history. The first form of copyright in the United States stems from Article 1, Section 8, Clause 8 of the U.S. Constitution in the year 1787, where "Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." These "exclusive rights" were originally extremely limited, as the first Copyright Act of 1790 only applied to maps, charts, and books. As time has advanced, copyright practices in the United States have undergone several reforms, among the most recent being the infamous Digital Millennium Copyright Act (DMCA) of 1998. Said act updated United States law to the requirements of the World Intellectual Property Organization (WIPO), such as placing limitations on the liability of online service providers for copyright violations made by users. The act, however, has been a subject of controversy in recent times, as some content creators abuse it to control access to their content. This is accomplished through methods such as copyright trolling, in which the copyright holder produces works solely for the purpose of litigation rather than distribution. Oftentimes, these practices are thought to be a violation of fair use, which enables copyrighted work to be used without ... Get more on HelpWriting.net ...
  • 36.
  • 37. Courts Essay The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified ... Show more content on Helpwriting.net ... Other federal courts, established by Congress under powers held to be implied in other articles of the Constitution, are called legislative courts. These are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of these courts are suggested by their titles. State Courts Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactment's; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to review ... Get more on HelpWriting.net ...
  • 38.
  • 39. Judicial Branch Research Paper The Judiciary branch has the most power of any of the other three branches. This branch serves as a check on the powers of the other two branches of government. As an interpreter of the law, the judiciary branch waits until a lawsuit is filed in order to proceed through the judicial process. Although all three branches of government are powerful together, the judiciary branch is the most powerful because it is appointed by the president and has the ability to interpret the constitution. Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers (The White House). Article III of the Constitution allows Congress to determine ... Show more content on Helpwriting.net ... Cases brought forth the Judiciary most often proceed from district court and possibly the Supreme Court, which comparatively hears few cases each year. The federal courts have jurisdiction over: cases that raise a "federal question" involving the United States Government , the U.S. Constitution, or other federal laws; and cases involving "diversity of citizenship," which are disputes between two parties not from the same state or country, and where the claim meets a set dollar threshold for damages (US Courts). The federal courts most important power is that of judicial review, which gives the authority to interpret the constitution. Another measure of the Supreme Court's power is its ability to overrule itself. In 1954, the Supreme Court ruled in Brown v. Board of Education of Topeka that schools segregated by race were unconstitutional. This reversed the 1896 Plessy v. Ferguson decision that upheld the doctrine of "separate but equal" (US History). The Judiciary Branch has settled many famous cases. Miranda v. Arizona, 1966, which was a 5–4 decision, noted that Prisoners must be advised of their rights before being questioned by police. Additionally, Roe v. Wade, 1973, a 7–2 decision, ruled that women have a constitutional right to an abortion during the first two trimesters ... Get more on HelpWriting.net ...
  • 40.
  • 41. Alpha Titans Case Virtue Ethics Case Summary Outline I. Introduction II. Background introduction (A). introduction of firm Alpha Titans LLC (B). introduction of other related entities (C). facts of the case III. Decision making model apply to the case (A). how should we make the decision (i). determine the facts (ii). identify the character of interest (iii). determine the stakeholder (vi). the available alternatives (v). the influence of the alternatives to the stakeholders (B). how should the available alternatives apply to the case VI. The applied ethical theories (A). Virtue ethics theory (i). how does Virtue ethics theory apply to CPA firm (ii). how does Virtue ethics theory apply to the company (B). Situation Ethics of Joseph Fletcher (i). how does Situation Ethics ... Show more content on Helpwriting.net ... (N.D.). SEARCHING FOR INTEGRITY AND LEGITIMACY. YALE LAW AND POLICY REVIEW. COX, J. D. (2003). REFORMING THE CULTURE OF FINANCIAL REPORTING: THE PCAOB AND THE METRICS FOR ACCOUNTING MEASUREMENTS. WASHINGTON UNIVERSITY WASHINGTON UNIVERSITY LAW QUARTERLY. CRENSHAW, J. (2006). HEDGE FUNDS: REGULATORY, TAX, AND ORGANIZATIONAL CONSIDERATIONS. 2006 FLORIDA JOURNAL OF INTERNATIONAL LAW FLORIDA JOURNAL OF INTERNATIONAL LAW. CSIKSZENTMIHALYI, M. (2006). HOW TO BE GOOD; A SCIENTS ARGUES THAT HUMANS HAVE ETHICS HARD–WIRED INTO US. BOOK WORLD. THE WASHINGTON POST. CUNNINGHAM, L. A. (2006). SARBANES–OXLEY ACCOUNTING ISSUES: TOO BIG TO FAIL: MORAL HAZARD IN AUDITING AND THE NEED TO RESTRUCTURE THE INDUSTRY BEFORE IT UNRAVELS. THE COLUMBIA LAW REVIEW COLUMBIA LAW REVIEW. EDWARDS, M. A. (2014). THE VIRTUE OF MANDATORY DISCLOSURE. NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY NOTRE DAME JOURNAL OF LAW, ETHICS & PUBLIC POLICY. EHRLICH, J. H. (1986). INTERNATIONAL OF STOCK MARKETS: POTENTIAL PROBLEMS
  • 42. FOR UNITED STATES SHAREHOLDERS. J. INT'L L. & BUS. GIUDICE, M. (2006). WHY OUR LEGAL SYSTEM FAILS TO DO WHAT'S RIGHT. CARDOZO PUBLIC LAW, POLICY & ETHICS JOURNAL CARDOZO PUBLIC LAW, POLICY & ETHICS ... Get more on HelpWriting.net ...
  • 43.
  • 44. Summary: The Case Of Mr. Carson The Case of Mr. Carson 1 Introduction On March 15th, 2015 at the New West courthouse, courtroom 202, Shawn Carson was present for his bail hearing. Mr Carson was present for breach of a conditional sentence. Mr Carson received a fair hearing, which was content under Canadian law. An element present in the accused case was the possession and trafficking of marijuana. This substance has seen the controversy surrounding its medical uses. In relation to Mr Carson, there has been a recent case involving Marc Emery, who is a political activist. This element under Canadian law interconnected towards the accused situation. Under Canadian law possession, along with trafficking of marijuana can affiliate with a summary or an indictable offence. However, due to provincial law, British Columbia and Ontario approach this matter ... Show more content on Helpwriting.net ... In 1996 conditional sentences were introduced by the federal government. Conditional sentences allow the offender to serve their sentence within the community. If there is a breach the offender may be brought back before crown to receive a hearing. The conditional sentence imposes restrictions on an offender's liberty (cite p. 138). The conditions of the accused involved not being present on, or around sky trains The second part of the paper will review the arguments of crown and counsel while comparing them towards the judge's decision. Counsel argued the accused the accused use of The Case of Mr Carson 2 sky trains were necessary for work relations. Crown, however, stated the offender did not appeal the conditions prior to the incident. The accused was held to reappear before the sentencing judge ... Get more on HelpWriting.net ...
  • 45.
  • 46. The Case Of Kent V. United States KENT V. UNITED STATES Darrel Jones December 17, 2014 Northeastern State University Abstract The case of Kent V. United States is a historical case in the United States. The Kent case helped lead the way in the development of a list of eight criteria and principles. This creation of these criteria and principle has helped protect the offender and public for more than forty–five years. Which as a reason has forever changed the process of waving a juvenile into the adult system (Find Law, 2014). Introduction Morris A. Kent was a young teenager who had been in and out of trouble in the District of Columbia during the late 50's and early 60's. Kent had stayed in the juvenile court system on probation all the way up until 1961. When at the age of sixteen he was charged with several charges and was waivered into the adult system and later found guilty. Although, Kent appealed his case and his appeal went all the way up to the U.S. Supreme Court (Find Law, 2014). Literature Review Morris A. Kent first appeared in front of the Juvenile Court of District of Columbia in 1959 at the age of fourteen, for breaking into homes and trying to snatch a purse. He was placed on probation for the burglaries and attempted purse snatching. A couple years later on September 2, 1961 his fingerprints were found in a woman's apartment, after she was raped and her wallet stolen, by an intruder, who was identified as Kent, through his fingerprints. Kent was ... Get more on HelpWriting.net ...
  • 47.
  • 48. Matters Of Integrity : The Ethics Behind Attorneys Essay Matters of Integrity: The Ethics behind Attorneys Valeria Ramos and Sabrina Reed Texas A&M International University Abstract As an attorney it is his or her job to make sure the client is at ease and their privacy is being protected. The legal profession has many components in order to be a successful attorney. As attorneys there are ethical dilemmas that correspond with being an attorney. These dilemmas include conflicts of interest, staff–management, attorney–client advocacy, and professional responsibility. The main ethical issue with attorneys is the Matter of Integrity. These attorneys are trusted with personal information, and as the attorney it is his or her job to maintain that trust. When a client comes in and asks for help, the utmost privacy should be given. The choices that these attorneys make should be solely based on what is best for the client and their integrity is not diminished in any way. Utilitarianism is the best philosophical approach to combat the ethical dilemmas those in the legal profession would face. The idea of "the greater good mentality" is in the legal profession, there comes many choices to be made in regards to the client. Ethical Dilemma: Matter of Integrity Attorneys are the people we go to when we need a legal problem solved. Whether you are the victim or the accused there is an attorney that will take the case. In the legal profession there are many obstacles one may face, from not having enough ... Get more on HelpWriting.net ...
  • 49.
  • 50. Brad Meltzer Essay Brad Meltzer is the son of Stewart and Teri Meltzer, who was born on April 1, 1970, in Brooklyn, New York City, NY. Meltzer attended the University of Michigan, where he earned his degree. He is the first in his immediate family to attend a four–year college. In 1993, Meltzer worked in sales by day in Games magazines and by night he worked on his first novel. He then graduated from Columbia Law School and was selected to the Columbia Law Review. Meltzer is an American political thriller novelist, non–fiction writer, TV show creator, and comic book author. He is one of the only authors to have his books on the bestselling lists for Fiction, Nonfiction, Advice, comic books, and Children's Books. He has currently been put on the Hollywood's 25 Most Powerful Authors list by The ... Show more content on Helpwriting.net ... He wanted them to see real heroes that are no different from themselves. He tells the story of each hero when they were kids so the children can see that they were not only famous but they are just like us. Meltzer is also the host of Brad Meltzer's Lost History on H2 and Brad Meltzer's Decoded on the History Channel. Meltzer is also responsible for helping to find the 9/11 missing flag that the firefighters raised at Ground Zero. Meltzer talked about the missing flag in his show, Brad Meltzer's Lost History, he asked Americans for their help to returning the flag and a few days later the flag was returned by a former Marine. The finding of the missing 9/11 flag made it national news on the 15th anniversary of 9/11 and the flag is now on display at the 9/11 Museum in New York. Brad Meltzer is also an inspirational speaker and has done two TED Talks, "How To Write Your Own Obituary" and "Write Your Story, Change History". He helped to save and preserve the house where Superman was created. Meltzer currently lives in Florida with his wife Cori, two sons, and daughter, where he continues to work on his ... Get more on HelpWriting.net ...
  • 51.
  • 52. Marbury Vs Madison Case Brief Throughout history, many cases have gone beyond local courts and have reached Supreme Court. One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison was a case that was fought because James Madison refused to deliver Marbury's commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The Supreme Court had reinforced the "Marbury" decision in many cases, for example McCulloch v. Maryland, Cohens v. Virginia, and United States v. Le Baron. In the case McCulloch v. Maryland, similar tactics from the Marbury v. Madison case. In the Marbury v. Madison case, the court had declared a law unconstitutional. When a law is declared unconstitutional, it is called judicial review. Maryland had ... Show more content on Helpwriting.net ... Gilleo was also a case in which reviewing the law was necessary. Margaret Gilleo the city of Ladue had placed a ""Say No to War in the Persian Gulf, Call Congress Now" sign in her front yard. The city of Ladue had a law prohibiting the use of law signs, and requested the removal of the Gilleo's sign. Gilleo had refused to take the sign down, because forced removal of it would violate her 1st amendment rights. The city had sent the case to the Supreme Court and reviewed the law to see her position on the matter. The Supreme Court had decided she was allowed to express her political opinions. Similar the Marbury v. Madison, the case was taken to the Supreme Court, where laws were reviewed to determine decisions. To conclude, the Marbury v. Madison case has greatly impacted the way the Supreme Court makes decisions. Marbury v. Madison had incorporated the process of Judicial review, which allows courts to review the laws to see if they are being violated. Judicial review was utilized in countless cases, such as, Cohens v. Virginia, Ladue v. Gilleo, and McCulloch v. Maryland. To this day, the Supreme Court has utilized the Marbury v. Madison decision as a model for future ... Get more on HelpWriting.net ...
  • 53.
  • 54. Persuasive Essay On Texting And Driving Has your life ever been affected by a tragic death? Well don't let that happen again and lower your chance of doing so by putting that phone of yours away while driving! Texting and driving has been a problem ever since smart phones have come out. There are around 660,000 people daily who use cell phones while driving, according to the FCC. It is so common that almost everyone knows someone who has text and drove in the past or currently does it frequently. One reason why texting and driving at Columbia is an issue is because it is a law. "Texting, as that term is defined in subsection (1) of this section, while driving a moving motor vehicle shall constitute an infraction provided this does not apply to voice–operated or hands free devices ... Show more content on Helpwriting.net ... "Approximately nine people are killed and more than 1,000 injured daily in the U.S. in incidents reported as including a distracted driver, the CDC reports. According to NHTSA, there were 3,477 people killed and an estimated additional 391,000 people injured in motor vehicle crashes, including distracted drivers in 2015 alone" (FCC). Texting and driving's after effects cause deaths every single day in the U.S. There haven't been any deaths at Columbia due to distracted driving, but with the odds, there is a chance it will happen eventually to someone if they continue to text and drive. "The severity can range from minor vehicle damage all the way up to a totaled car... Fines vary and insurance carries will likely see the violation and add a surcharge to your car insurance policy at your next policy renewal" (Delbridge). Effects of texting and driving can damage car in many ways. There is a lot of evidence to prove this at Columbia just by walking around and looking at all of the cars they have been hit. The added insurance charges are also another consequence to add on everything that can already happen. These effects will happen, unless the issue can be ... Get more on HelpWriting.net ...
  • 55.
  • 56. The Opposition Of Judicial Activism n response to the criticisms of those who are anti–judicial activism, "supporters of judicial activism say such activism through judicial review is necessary because it allows the courts to step in and fill gaps in the law where minorities are not protected because of political pressures and where politicians are afraid to legislate" . This raises the argument that judges and the judiciary play a balanced activist legislative role in such a way that it protects the rights of minorities from legislation or regulation imposed by the government. Within our democratic system, legislators will pay attention to what the majority wants and they will pursue public policies, which favour the majority. This leaves minority interests vulnerable to the legislations and regulations imposed by the government. By playing an active role, the judiciary ensures that the rights of the minorities are protected and that law does not contravene with the Charter of Human Rights and the Constitution of Canada. Through this kind of judicial activism, the courts strike a balance with the legislatures role. This is not to say that the judiciary takes on the role of policymaking and the legislature, but rather that both institutions embrace what is referred to as a "dialogue" where there is a balance between judicial decision–making and legislative–executive decision making . However, according to MacKay, "it is legitimate for the courts to engage in a form of judicial policy making so long as they do ... Get more on HelpWriting.net ...
  • 57.
  • 58. Hillbilly Elegy Analysis In the memoir Hillbilly Elegy by J.D. Vance, Vance is portrayed as achieving the American Dream. This comes from Vance being determined and by working very hard so he can make something out of his life. So, in the memoir Hillbilly Elegy by J.D. Vance, it is shown that Vance's argument about developing success is that hard work leads to success. Vance argues that hard work leads to success by using positive language and diction that have connotations. Vance is a graduate from one of the top law schools, Yale Law School, which means that Vance had to put in a lot of hard work to get there. Not only did Vance get into Yale Law School, but he was also the editor of the Yale Law Journal: "I was a recent graduate of Yale Law School, a former editor of the prestigious Yale Law Journal" (Vance 236). And this shows where Vance ended up by his hard work, and this is shown by using very positive language because of how Vance talks about he participated in other programs at Yale Law School, like being the editor of the Yale Law Journal. Vance also uses certain diction that have connotations to defend his argument about success, which is shown through words like Yale Law School, which gives a connotation about someone who is very smart. Also, Vance uses words like prestigious, which have a connotation of somebody with a high status. Another reason that supports the argument that Vance develops about success is how Vance recognizes that all the work he did led to him achieving the ... Get more on HelpWriting.net ...
  • 59.
  • 60. Arguments Against Gun Control An un–armed population will have a difficult time protecting itself from criminals that clearly do not care about laws and would most likely be more successful in committing a crime if their intended victims are incapable of defending themselves. While there are numerous reasons, including social, economic and mental health, as to why criminals commit crimes, having access to guns is not one of them. The 2nd Amendment of the Constitution states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" (U.S. Const. amend. II). Protecting the 2nd Amendment of the Constitution is vital because limiting or outright denying law–abiding citizens the ability to possess firearms, which are nothing more than a tool, will cause more problems, such as higher crime rates, than it would solve. The crux of the debate of whether this country needs more gun control laws or ... Show more content on Helpwriting.net ... Gun control activists have a tendency to use the mantra that more guns means more deaths. Gun control activists will also point out to the U.S. murder rate and compare it to England's as further proof. However, the mantra that more guns means more death has been proven to be patently false when compared to multiple European countries, where there is no direct correlation between gun ownership and murder rate (Kates & Mauser, n.d., p652). Furthermore, Kates & Mauser (n.d., p653) went on to show that there is actually a negative correlation between firearm concentration and violent crimes. Ehrenfreund & Godlfarb (2015) referenced a study conducted in 2011 by an economist named Richard Florida, using a graphic he made created showing states with tighter gun laws had fewer gun related deaths per capita. This has also been refuted by the research of Kates & Mauser where it was ... Get more on HelpWriting.net ...
  • 61.
  • 62. United States Court Of Appeals For The District Of... United States Court of Appeals for the District of Columbia Circuit United States, Appellee v. Antoine Jones, Appellant ON APPEAL AS OF RIGHT FROM THE U.S. DISTRICT COURT OF THE DISTRICT OF COLUMBIA Case No. M2201–03453–CWA–T3–SP Parker & Parker Attorneys for Appellant Oral Argument Requested I. Table of Contents: A. Table of Authorities: (Page 2) B. Statement of Issues Presented for Review: (Page 2) C. Statement of the Case: (Page 3) D. Procedural History: (Page 3) E. Summary of Facts: (Page 3, 4) F. Standard of Review: (Page 4, 5) G. Argument: (Page 5) H. Conclusion: (Page 5) II. Table of Authorities: Katz v. United States Silverthorne Lumber Company v. United States Statement of ... Show more content on Helpwriting.net ... Jones filed for an appeal claiming that the warrantless use of a GPS system to monitor his whereabouts constituted an illegal search. In August (2010), the United States Court of Appeals for
  • 63. the District of Columbia Circuit overturned his conviction stating that the search conducted was unconstitutional and violates Mr. Jones "reasonable expectation of privacy." Summary of Facts: The FBI suspected Antoine Jones for drug trafficking and subsequently attached a GPS tracking device to the undercarriage his vehicle to monitor his location. Mr. Jones was arrested on drug possession on October 24, 2005. Mr. Jones filed a motion to suppress the evidence obtained by the invalid search conducted by law enforcement. After a hung jury, Mr. Jones was acquitted of all charges except for one count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base. In 2007, prosecutors retried Mr. Jones with one count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base. In January (2008), Mr. Jones was found guilty on one count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or ... Get more on HelpWriting.net ...
  • 64.
  • 65. Justice Ruth Bader Ginsburg Women's equality has made huge advancements in the United States in the past decade. One of the most influential persons to the movement has been a woman named Ruth Bader Ginsburg. Ruth faced gender discrimination many times throughout her career and worked hard to ensure that discrimination based on a person's gender would be eliminated for future generations. Ginsburg not only worked to fight for women's equality but fought for the rights of men, as well, in order to show that equality was a human right's issue and not just a problem that women faced. Though she faced hardships and discrimination, Ruth never stopped working and thanks to her equality is a much closer reality than it was fifty years ago. When Ruth first ... Show more content on Helpwriting.net ... Instead of congratulating the women though he questioned them why they were studying law and what their intentions were. He let them know that they were taking the place of other men who had also applied for admission. Ruth was not there to play games however and she soon made the Harvard Law Review while maintaining excellent grades. During Ruth's second year of law school, Martin was diagnosed with cancer and he underwent surgery and weeks of radiation. Throughout this time, Ruth kept him up to date on all of his work by arranging note takers for all of his classes as well as typing his papers while he dictated them to her (Kay, 2004). She did all of this while still maintaining her grades and her studies. Ruth felt she had no other alternative than to make sure she was top in her class in order to attain a suitable job. After losing her mother at a young age, she feared that her husband would also die of cancer and she would become the sole provider of their daughter (Ward, 2010). By the time Martin was healthy enough to work again and was fully in remission, Ruth had fallen in love with her work and would not give it up. In 1958, Martin graduated with his class and accepted a job in a law firm in New York City with the firm of Weil, Gotshal & Manges. In order to stay with her family, Ruth transferred to Columbia Law School to complete her final year of schooling. During her last year, Ruth ... Get more on HelpWriting.net ...
  • 66.
  • 67. The Aftermath of Griggs vs. Duke Power Company Case Griggs v. Duke Power Co., 401 US 424 (1971) was a case of significant importance for civil rights. Before Title VII was implemented in the year, 1964, Duke Power had demonstrated history of discrimination against black employees by keeping them at low pay or not employing them. It was in 1955 that the company developed a policy where the requirements to be placed or promoted in the company to higher paying jobs required a high school diploma. Although this policy had no impact on black workers already not offered promotions in the company, it did create a further obstacle for black employees later on. As was the racial problems of the time, this policy was only for black employees. It was not until Title VII became effective, (July 2, 1965) Duke Power altered its policy and made the policy binding on all workers, black and white. This allowed black workers promotion opportunities they had not had. "The new promotion rules also provided that workers could meet the high school requirement by achieving minimum scores on two widely used aptitude tests: the Wonderlic Personnel Test and the Bennett Mechanical Composition Test. The minimum scores required for these tests basically corresponded to the scores of the average high school graduate at the time." ("FindLaw " Cases and Codes", n.d., p. 1) "The Wonderlic Personnel Test is a twelve–minute, fifty–question intelligence test that assesses a person's aptitude and ability to problem–solve in a wide range of activities. The ... Get more on HelpWriting.net ...
  • 68.
  • 69. The Pros And Cons Of The Right To Privacy If we discuss the right of privacy then the first question comes in front of us that What is right to privacy? Is this really beneficial and what is pro and con of Right to privacy and what entity can be considered inside of this right and when it is introduced as publically and answer is, the privilege to security suggest to the idea that one's close to home data is shielded from open investigation is know as Right to Privacy, it is also a part of The Fourth Amendment to the Constitution of the United States ensures that– "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". "The Right to Privacy" (4 Harvard L.R. 193 (Dec. 15, 1890)) is a law audit article composed by Samuel Warren and Louis Brandeis and distributed in the 1890 Harvard Law Review. Samuel Warren was an attorney and he moved on from Harvard College in 1875 and successfully complete an academic degree second in his class at Harvard Law School in 1877. The primary spot understudy was his companion, Louis Brandeis, later a justice of the United States Supreme Court. Getting closer to achieving the finish of 1890 they distributed their celebrated law audit article "The Right to Privacy" in the Harvard Law Review and it was the "most ... Get more on HelpWriting.net ...
  • 70.
  • 71. The Pros And Cons Of The Right To Privacy If we discuss the right of privacy, then the first question comes in front of us that What is right to privacy? Is this really beneficial and what is pro and con of Right to privacy and what entity can be considered inside of this right and when it is introduced as publicly, and answer is, the privilege to security suggest to the idea that one's close to home data is shielded from open investigation is known as Right to Privacy, it is also a part of The Fourth Amendment to the Constitution of the United States ensures that– "The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". "The Right to Privacy" (4 Harvard L.R. 193 (Dec. 15, 1890)) is a law audit article composed by Samuel Warren and Louis Brandeis and distributed in the 1890 Harvard Law Review. Samuel Warren was an attorney and he moved on from Harvard College in 1875 and successfully complete an academic degree second in his class at Harvard Law School in 1877. The primary spot understudy was his companion, Louis Brandeis, later a justice of the United States Supreme Court. Getting closer to achieving the finish of 1890 they distributed their celebrated law audit article "The Right to Privacy" in the Harvard Law Review and it was the "most ... Get more on HelpWriting.net ...
  • 72.
  • 73. Ruth Bader Ginsburg Analysis Neuborne, B. (2007). Introduction of Justice Ruth Bader Ginsburg. California Law Review, 95(6), 2213–2215. Retrieved from http://www.jstor.org/stable/20439141 This article spoke about Ruth Bader Ginsburg's work with the American Civil Liberties Union (ACLU). Burt Neuborne describer Ginsburg as a brilliant vibrant young lawyer when they met, and went on to talk about the discrimination she faced. Ginsburg graduated top in her class in Columbia but was met with no job offers in New York, because she had "three strikes against her", she was a woman, a Jew and a mother. She was turned down from one job because said employer "wasn't ready to hire a woman." Throughout her career at Rutgers as a professor she was payed less than her male colleges. ... Show more content on Helpwriting.net ... When she joined the Rutgers faculty she cofounded the Women's Rights Law Report at Rutgers the first U.S. law journal focused solely on women. She joined the Columbia staff in 1972. One of her projects while she was director of the Women's Right Project at the ACLU was an equal–pay campaign with other faculty at the Columbia. After this she joined again with women on campus to challenge the retirement plan for women. An unfair compensation package that payed women lower monthly benefits. All within 1973–1979 she raised two children ran the Women's Rights project, taught at Columbia and argued six cases in the U.S. Supreme Court. The partnership between Ginsburg and her husbands was reported as incredible by people who witnessed them, a true team. Husband never forced her to leave school and follow him to his job in 1956. Additionally, he was never jealous or envious of her success and gave continues encouragement to drive forward in her career. They divided home duties, and truly broke down the stereotypical family for the time. For example, when their children's school only called Ruth when their son was called into the headmaster's office for being mischievous, she told them, "This boy has a father..." and instructed them to call her husband. Ginsburg wasn't afraid to challenge the nuclear family's norms. The clerks that worked with her, spoke of how seeing Ginsburg raise her family and continue to learn and work was inspiring and gave them a model to do the same. Having children doesn't mean you can't pursue a career. Ginsburg was one of the first women to prove this. The first at that high of a level, ... Get more on HelpWriting.net ...
  • 74.
  • 75. Arrested Development Essay ––––––––––––––––––––––––––––––––––––––––––––––––– Clarence Williams ––––––––––––––––––––––––––––––––––––––––––––––––– EN102 Outline for argument analysis: Arrested Development I. ––––––––––––––––––––––––––––––––––––––––––––––––– Introduction: * ––––––––––––––––––––––––––––––––––––––––––––––––– James Forman Jr. targets this article towards conservatives who oppose racial profiling * ––––––––––––––––––––––––––––––––––––––––––––––––– Claim: Forman claims that racial profiling is an ineffective way to enforce the law and should be stopped. ––––––––––––––––––––––––––––––––––––––––––––––––– II. Summary: "Arrested Development" by James Forman Jr. , is an article that looks at the issue of racial profiling. III. ... Show more content on Helpwriting.net ... ––––––––––––––––––––––––––––––––––––––––––––––––– Forman follows the star criteria exceptionally well * ––––––––––––––––––––––––––––––––––––––––––––––––– He gives supporting facts, is credible, and is accurate with the facts that he stated ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– Conclusion–In conclusion Forman effectively makes a persuasive argument against racial profiling ––––––––––––––––––––––––––––––––––––––––––––––––– Clarence Williams ––––––––––––––––––––––––––––––––––––––––––––––––– 9–23–12 ––––––––––––––––––––––––––––––––––––––––––––––––– EN102 ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– Argument Analysis: ––––––––––––––––––––––––––––––––––––––––––––––––– "Arrested Development: The Conservative Case Against Racial Profiling" by James Forman Jr. ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– ––––––––––––––––––––––––––––––––––––––––––––––––– "Arrested Development" by James Forman Jr. , is an article that looks at the issue of racial profiling. Forman addresses the views of conservatives who believe racial profiling to be a useful tactic in enforcing ... Get more on HelpWriting.net ...
  • 76.
  • 77. What Role Does Judicial Review Play A Role In Our Government With Judicial review being such an important concept in this unit, it happens to play a massive role in our government today. Judicial review is defined as "the power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void." This is basically stating that judicial view sets the standards for determining whether or not an action put forth by our government is going to be within the guidelines of their power and whether or not it can be passed. If the law cannot be passed it is rendered void meaning that the law is not going to be implemented nor enforced by law. The       Marbury v. Madison decision played a huge role when it came to paving a path for ... Get more on HelpWriting.net ...
  • 78.
  • 79. Content Based V Content Neutral Speech : How Occupational... Content Based v. Content Neutral Speech: How Occupational Licensing Threatens First Amendment Protections Introduction Since the 1950's, occupational licensing has grown from 73 occupations to thousands of occupations being licensed. In fact, 28% of American jobs require a license in order to practice a profession. Occupational licensing is a method of economic regulation whereby the government controls the entry and supply of participants in a given profession. Occupational licensing can be seen as restricting a form of speech, especially in professions that are completely composed of speech, such as tour guides. There are different levels of speech and not all speech is protected equally, however, even if speech is not protected under the strictest of scrutiny, it is still protected none the less. Many professions have boards that require licensing for practicing the profession. These boards will bring suit to those they believe are practicing the profession without licenses and this practice can often go too far to infringing on the freedom of speech. This comment addresses occupational licensing laws and discusses when the licensing law goes too far. Regarding the most prominent cases on this issue, Kagan v. City of New Orleans and Edwards v. District of Columbia, this comment discusses the importance of narrowly tailored regulation laws in order to protect citizens from speech prohibition. Part I will analyze how occupational licenses can infringe on the freedom of ... Get more on HelpWriting.net ...