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The Internet World That E Commerce Ventures Have...
The Internet world that e–commerce ventures have multiplied tremendously bringing forth cross–
border Internet disputes. Such cases require us to consider the scope of the federal court's power of
jurisdiction in a new context. CompuServe, a computer network giant, appealed the dismissal to the
federal court, for lack of personal jurisdiction, of its complaint in which it judgement that it had not
infringed on the defendant's common law copyrights and engaged in unfair competition. The district
court held that the electronic links between the defendant, who lived in Texas, and Ohio, where
CompuServe is located, were not enough to support personal jurisdiction. The district court also
denied CompuServe's motion for reconsideration. Because The Court of Appeals believed, that
CompuServe made a display of prima facie that the defendants contacts were substantial enough to
support the exercise pf personal jurisdiction, the court reversed the district court's dismissal and
remand that the case for further proceedings. CompuServe Interactive Service a computer
information company providing complete and comprehensive products and access for Internet users.
Headquartered in Columbus, Ohio, it contracts with individual subscribers to provide access to
computing and information services via the Internet. Subscribers can also use CompuServe to gain
access to more than 1700 interactive information services, such as, Netscape Mail Center for
CompuServe webmail. CompuServe also
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United States Court Systems
United States Court Systems
This report is designed to give an overview of both the United States Court system and the Michigan
State Court system. It will discuss each system individually and explain each court and general
knowledge about that court. It will explore the similarities and differences between the 2 court
systems and what the requirements are to determine in which court system cases should be heard.
The Federal Courts The Federal Court system is comprised of 3 different tiers, the United States
Supreme Court, the United States Court of Appeals and the United States District Courts. The
United States District Courts are the trial courts of the Federal Court system. All cases heard in the
Federal Court system begin ... Show more content on Helpwriting.net ...
The Judges are elected to 6 year terms with the Chief Justice appointed by the Michigan Supreme
Court to a 2 year term. There are 57 circuit court districts in Michigan, with one State of Michigan
Circuit Court in each district. The circuit court handles all civil cases with claims of more than
$25,000 and all felony criminal cases in which jail time exceeds 1 year. In each district there are also
numerous limited jurisdiction courts such as Michigan District Courts which handles traffic matters,
criminal cases in which the punishment is less than a year in jail, and civil cases for between $3000
and $25,000 in damages is sought. Michigan Small Claims Courts in which civil cases of $3,000 or
less are heard. Michigan Probate Courts which handle wills, estates and guardianships cases and
also has divisions for Michigan Family Court which handle cases such as paternity, adoption,
personal protection orders, delinquency, divorce and Michigan Friend of Court which hears
parenting time, custody, and child support issues. The Michigan Court of Claims hears lawsuits for
more than $1,000 against the State of Michigan. In conclusion, the State of Michigan is similar to
the United States Court system in that both have a 3 tiered system, but the State of Michigan seem
much more divided in the trial court tier. Michigan has divided the circuit court jurisdiction into
many different limited jurisdiction courts specializing in certain
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Deferred Action Research Paper
Deferred Action for Childhood Arrivals
According to the news reported by Alejandra from The Press–Enterprise, a map was broken down to
show if DACA recipients are being deported from the workforce could cause the economy in the
United States to lose billions of dollars, one of the major affected states will be California. Based on
the research that were provided by the USC (University of South Carolina) Dornsife's Center for the
Study of Immigrant Integration and the Center for American Progress, the data shows that more than
800,000 young immigrants were given the deportation relief and work permits during the Obama–
era program are being phased out by the Trump administration. On the October 18th, the House
Minority Leader Nancy Pelosi stopped by at Los Angeles with the accompany of another
representative such as Jimmy Gomez, Judy Chu, and Lucille Roybal–Allard to call on Congress to
pass DREAM Act legislation by the end of the year, she wants to help those DACA recipients to
have a citizenship in the United States.
According to the director of the Center for the Study of Immigrant Integration, he said that the data
will help the Congress to get a sense of the number of their constituents who may be affected if
legislation is not ... Show more content on Helpwriting.net ...
Moreover, the improvement of the economy in the United States has been a major contribution from
the DACA recipients. For example, the Medicare sector will lose thousands of professional doctors
and specialize, while the United States is already lacking in the number of doctors in the whole
nation, this could become a disaster for the people who seek for treatment in the near future.
Therefore, it's not just the DACA recipients who stand to lose from the Trump administration's
decision on rescinding the Deferred Action for Childhood Arrival Program; it's the United States'
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New York 's Fourth Congressional District
Sydnii Ray
Campaigns and Elections
9/22/14
New York's Fourth Congressional District
In the congressional election coming this November, the Democratic and Republican candidates will
be fiercely campaigning for the Fourth District's seat in the House of Representatives. In the
analysis of the electoral race, we will closely examine various aspects of the district including
demographics, income and wealth, religious preference, important federal issues in the area,
partisanship, and previous voting patterns. New York's 4th District is located on the eastern portion
of the state, near Long Island. It includes the traditionally republican area of Garden City and the
towns around it, making the district one out of six congressional districts in New York whose lines
fall completely within a single county. Nassau County is famous for containing the "Gold Coast,"
the setting of F. Scott Fitzgerald's world–renowned book, The Great Gatsby (Nassaulandtrust.org).
The elections in the fourth district of New York have favored the Democratic Party as of late, but the
race is closer than it has been for years; the competitive air surrounding the upcoming election is the
result of the district's many redevelopment projects, the well–received behavior of Republican
representatives in local government, the high concentration of wealth in the area, and the 2010
census redistricting and removal of strongly democratic minority precincts (Michael Barone and
Chuck McCutcheon 2013). Nassau was
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Assignment 1: Political Analysis
What is the recent political history of your district and state?
Bedford, Virginia is in the 5th congressional district, which is the commonwealth state. The areas
that the Virginia's 5th congressional district cover is Franklin, Henry, Halifax, Charlotte,
Mecklenburg, Greene, Cambbell, Bedford, Rappahannock, Brunswick, Appomattox, Albemarle,
Madison, Prince Edward, Fluvanna, Buckingham, Pittysylvania, Cumberland, Charlottesville, and
Danville.
Virginia's first district representative was James Madison. The 5th's current Congressman is
Republican Robert Hurt.
How have they voted in recent presidential and congressional elections?
During the 2012 election Bedford Virginia 71.28% voted Republican Mitt Romney and 27.27%
voted for Democrat ... Show more content on Helpwriting.net ...
Virginia's 5th Congressional District has had reoccuring choice of a Republican winning in the
general election.
How did your representative and senator come to power? (Thoroughly describe their backgrounds.)
Tim Kaine entered politics in 1994, was elected Virginia's lieutenant governor in 2001 and became
governor in 2005. Kaine was the first governor outside of Illinois to endorse Barack Obama for
president. In January 2013, Kaine began serving as a U.S. senator from Virginia.
Robert Hurt, a Republican, is the United States Representative from the 5th congressional district of
Virginia. First elected in 2011, Representative Hurt has served the state of Virginia for 4
years.Virginia House of Delegates Member in 2000–2006. Virginia General Assembly Member.
Chatham Town Council. In 2001 Representative of United States House of Representatives. 2010–
present Senator. Virginia State Senate 2008–2010.
How do the interest groups (ADA, ACLU, ACU, CC or FRC) rate your representative and senator?
(Note: If the Christian Coalition score is not available, you may substitute the Family Research
Council score. Include the exact scores from each of these groups. The rationale for this is explained
in the
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Congressional Committees and Healthcare Policy Essay
Congressional Committees and Healthcare Policy (Chapter Review) An important point made in
Weissert and Weissert concerning Congress and its committee structure is that the majority of the
work in Congress is done through committees. They perform the majority of research on issues and
possible solutions, get legislation written, re–written and amended, and support it as it moves
through Congress and finally gets passed. They are the "workhorses of the legislature" (Weissert and
Weissert, 29). The breadth of information on any given issue that has to be assimilated, analyzed and
formed into a bill that can be passed by the two chambers of Congress is complex, and lawmakers
cannot realistically apply significant time and attention to ... Show more content on Helpwriting.net
...
Cabinet officers often spend a lot of time testifying before committees (Weissert and Weissert, 30).
Committees are responsible for oversight of federal agencies, and while this is described as
"complicated...tedious," (Weissert and Weissert, 61) and seems to be a mostly a passive process, an
example was cited where at least one committee member was more active. Representative John
Dingell was essentially accused of "bullying federal agencies" (Weissert and Weissert, 61) when he
was chair of the House Energy and Commerce Committee, due to his apparent micro–management
style. House committee investigations of presidential behavior, while becoming less common, are
other areas where committees have influence outside of Congress (Weissert and Weissert, 61).
Another example given is investigation by the House Judiciary Committee of the sentences handed
down by federal judges thought to be too "soft" (Weissert and Weissert, 78). A third point made by
Weissert and Weissert is that the power, effectiveness and popularity of Congressional committees
can be influenced and weakened. When party leadership is stronger, the power of committees is
lessened. Party leaders can find ways to get their pet
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The Pros And Cons Of Abortion
On the 11th of October, in the year of 2017, a 17–year–old crossed the United States border illegally
from Central America. She dreamed of one day being a nurse and, someday, caring for senior
citizens. Her lawyers say that having a baby was not part of her plans. She was detained at the U.S.–
Mexico border and after a medical examination, she was told she was pregnant. Texas law requires a
minor to get parental consent or a judicial waiver to get an abortion. She obtained the waiver and
then tried to schedule an abortion, but the Trump administration declined her. Under the Obama
administration, pregnant girls in these shelters who sought abortions were allowed to obtain them.
That policy has changed under the Trump administration. The acting director of the refugee agency
emailed staff to refrain from "any action that facilitates" abortion access without the "direction and
approval" of the agency's director. The government, through means of court documents, forced her
to visit a religiously affiliated crisis pregnancy center where they tried to talk her into following
through with her pregnancy. After an appeals court ruled in her favor, the teenager left the federally–
funded Texas shelter (where she had been kept under close watch) and terminated her pregnancy.
The abortion ended the girl's individual court challenge and the case drew widespread attention,
bringing up issues of abortion rights and illegal immigration. Texas attorney General Ken Paxton
said that he and
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Casework In A Congressional Office
The United States Congress is the supreme lawmaking body in the United States and one of the
national legislatures in the world. Congress continues to be one of the few national assemblies that
research and drafts their own lawmaking rather than simply voting on bills created by the
government in power. Members of Congress use their office to benefit the nation versus district/state
by conveying power and influence. A Caucus System is a meeting of many party members in any
part of society or members of a legislative body for the purpose of debating and encouraging the
matters of their certain political party. There are uncommon Constituency types of Caucus systems
such as, national, regional, state/district, and industry. National Caucuses ... Show more content on
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"Casework in a congressional office refers to the response or services that Members of Congress
provide to constituents who request assistance" ("Caseworking"). Examples of caseworking can be
some of the following: female genital mutilation, political asylum, and international adoptions. The
World Health Organization has condemned female genital mutilation. Only a few people pass on
from any blood loss or infection. Whoever survives, suffers higher maternal and infant humanity in
childbirth. Political asylum is decided by immigration judges to people who can set up a logical fear
of discrimination if returned to their nation of origin. The asylum will not be established if the
applicant is found to have mistreated others. However, international adoptions are sternly regulated
to stay away from trafficking in children and force on birth mothers in poverty–stricken countries to
give up their children. Casework takes a lot of time and energy. Since Congress does not have all the
time in the world, it must be more general in its legislation. Pork barreling is a government
appropriation, bill, or policy that stores funds for different projects that are designed to get in with
legislators with their constituents. In other words, the candidate attempts to benefit his/her
fundamental in order to continue their support and vote. Pork barrel spending occurs when members
of Congress spend government money on types of projects intended to benefit their home districts.
Certain examples of pork barreling are Federal appropriation bills for dams, river and harbor
developments, as well as legislation intended to put off closure of out of date or unnecessary
military installations and prisons. The members of Congress use caseworking to benefit the nation
because it raises the reflectivity of members in their home state, district, or
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Huffington V. Tc Group, Llc, 637 F. 3d 18
Case: – Huffington v. TC GROUP, LLC, 637 F. 3d 18 – Court of Appeals, 1st Circuit 2011 This case
takes place in the Supreme Court of Delaware. It is a civil case that has been appealed by the
plaintiff following a trial court decision. The Supreme Court agreed with the entire of trial's court
decision but denied part of the Defendants' application. The case was decided in April 18, 2012.
Issue: Should the Court rule as time–barred the Plaintiff's claims which he makes under the
Massachusetts 'Blue Sky' securities fraud statute and as lacking as a matter of law the Plaintiff's
claim on the Defendants' unfair trade practices? Facts: the Plaintiff, Micheal Huffington, is a former
Congressman and a good investment experience. He describes himself as a conservative investor.
On July 4, 2006, he learned of Carlyle and was introduced to its "founder, principal, and managing
agent," David Rubenstein with whom he discussed Carlyles' investments. The latter described
Carlyle as a firm that invests in "private–equity." Being as a conservative investor, Huffington
initially expressed his reservations about investing in private equity–based funds." Rubenstein
assured him that he would look for low risk investment products that would fit in with Huffington's
conservative philosophy. On October 20, 2006, in another meeting between the two, Rubenstein
returned with the news that Carlyle had "conservative investment strategy" with low risk
investment. He went on to present
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Gerrymandering In The American Political System
There are obvious flaws in the American political system. However, gerrymandering, which has
been undermining American democracy since the nation's birth, has remained widely unknown.
Gerrymandering, which occurs across the United States, is used by Democrats and Republicans to
maximize the number of congressional seats they capture. Every ten years, the government conducts
a census. Following the census, state legislatures redraw congressional districts to reflect population
changes. However, state legislatures are often controlled by a single political party that unfairly
redraws congressional districts in order to win more seats in the House of Representatives
(Ingraham). Politicians concentrate the voting strength of the opposition ... Show more content on
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In 1842, Congress passed the Apportionment Act, which required congressional districts to be
compact and equal in population ("Apportionment Legislation 1840 – 1880"). Although the law
made an initial effort to curb gerrymandering, it failed to adequately define "compact." Over a
century later, in the 1962 court case Baker v. Carr, the Supreme Court ruled that congressional
districts must have reasonable boundaries. The court further deemed redistricting issues to be
justiciable, enabling federal courts to decide gerrymandering cases ("Baker v. Carr"). It wasn't until
the 1985 Davis v. Bandemer case that the Supreme Court ruled that manipulating district boundaries
for political gains is unconstitutional ("Davis v. Bandemer"). However, the Supreme Court left
unanswered one pivotal question: What are the standards for identifying and litigating a
gerrymander? (Hess, 209). Although it is illegal, without a clear national standard for addressing
gerrymandering, state legislatures get away with it in federal courts by exploiting the legal
ambiguity surrounding the practice. Therefore, taking the power to redistrict away from state
legislatures in the first place is the most viable
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Federal District Court History
A Brief History of the Creation of the Federal District Courts of Ohio
Roberta Alexander, author of a comprehensive history of the United States District Court for the
Southern District of Ohio, described the role of the district courts this way:
The district courts have evolved from local tribunals dealing with minor infractions and land
disputes into courts of tremendous significance dealing with essentially every major issue
confronting society: equal rights and equal opportunities in the political and economic arenas; the
scope of individual rights under the Constitution, including free speech, the free exercise of religion,
and the rights of privacy; the enforcement of federal laws, ranging from environmental regulations
to conflicts ... Show more content on Helpwriting.net ...
The judge was required to be a resident of the district and was to hold three sessions annually in
Chillicothe, which Congress had previously designated as the seat of state government. As then–
current congressional practice did not include passage of a resolution of statehood for new states,
Congress did not formally admit Ohio as the seventeenth state. It was not until 1953 that President
Eisenhower signed a congressional joint resolution officially declaring March 1, 1803 – the date on
which the Ohio General Assembly first convened – as the date of Ohio's admission into the
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The Three Levels Of The Federal Court System
In the United States Government, there are three levels of the federal court system: District courts,
Courts of Appeal, and the Supreme Court. District courts were created after the Judiciary Act of
1789, and consist of federal trial courts that do not cross state lines. They can use original
jurisdiction on some cases if they involve a federal government as a party, present a federal based
question, or involve civil suits with citizens. The United States attorney, who is nominated by the
President and confirmed by the Senate, is the district's chief law enforcement officer. Courts of
Appeals was established in 1789 to hear appeals from federal district courts. They are overseen by
the chief judge, who serves 7 years, and each court can range from 11–30 judges, depending on the
workload and complexity of cases. These courts appeal cases by the losing party that have already
been heard and decided in a federal district court. They have no original jurisdiction, but instead use
appellate jurisdiction over appeals from criminal cases, and from administrative agencies. The
Supreme Court reviews cases at the center of highly controversial issues that the political process
has yet to resolve successfully. These cases may include cases from the United States Courts of
Appeals, state Supreme Courts, and act as a final decision. The judges within the Supreme Court are
highly regarded, and one must meet specific requirements to become one.
To become a Supreme Court Judge, the
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Voting Rights Act of 1965 Essay
The history of "gerrymandering" started during the term of Elbridge Gerry, the Governor of
Massachusetts, when he approved an obscure redistricting plan ahead of the 1812 elections that
helped Republicans hold on to power in the legislature. One of the redistricted districts that
primarily consisted of a one party defendant was shaped as a salamander, which later gave rise to
this political term (Keck, 2010). The term relates to the drawing of the boundaries of electoral
districts in a way that gives one party an unfair advantage over its rivals, which gives rise to the
disproportionate representation of Democratic and Republican parties (Encyclopedia Britannica,
2013). Historically, both parties have used this form of redistricting to ... Show more content on
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The Supreme Court reversed the ruling and held that bipartisan gerrymanders are constitutionally
acceptable.
In Davis v. Bandemer (1986), the Supreme Court held that partisan gerrymandering violated the
Equal Protection Clause, but the court couldn't agree on the appropriate constitutional standard
against which legality claims of partisan gerrymandering should and should not be evaluated. Justice
White said that partisan gerrymandering occurred when a redistricting was enacted with the both the
intent and the effect of discriminating against an identifiable political group. Justices Powell and
Stevens said that partisan gerrymandering should be based on multiple factors, such as electoral
district shape, adherence to local government boundaries. Justices O'Connor, Burger, and Rehnquist
disagreed and held that such claims should be dismissed (Issacharoff, Karlan, & Pildes, pp. 777–
779).
Gerrymandering is often compared to redistricting which is supposed to achieve equality in districts'
voting power, so called "one person, one vote" requirement. In the U.S. redistricting happens every
10 years to account for changes in population, so "the votes will be worth the same amount" (The
James Irvine Foundation ). Gerrymandering is based on the wasting or weakening of votes of what
is usually the minority
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American Courts And Substantive Law
What have we learned about American courts and substantive law? We have learned that there are
many parts of the American courts. Each court has its own responsibility, in this paper I will specify
all of the responsibilities and the courts, state and federal, I will also identify the difference between
them for better understanding. Furthermore I will continue to go into detail and state what I have
learned about American courts and substantive law. There are four main federal courts in America;
The United states Supreme Court, which are the highest courts there is, the United States court of
Appeals, the United States District courts and the Special courts. Each court has its own
responsibilities and own significant court inside of ... Show more content on Helpwriting.net ...
(source) The Supreme Court as we all know and have learned is the highest of authority. Each court
has a certain amount of judges or justices sitting on the bench and the Supreme Courts of America
each have nine justices sitting on the bench. What is a justice? A justice is specified as a magistrate
or judge for the Supreme Court. Federal judges are appointed for life under article III of the
constitution so that they wont be afraid to make their unpopular decision. They are guaranteed life
tenure so it is not reduced. https://ballotpedia.org/Federal_judge The Supreme Court specializes in
hearing civil and criminal cases, although lower courts hear most cases first unless the crime is
significant then the case will be sent to the higher courts of the State for criminal procedure. There is
a framework of laws and rules that govern the administration of justices in cases involving an
individual or individuals who have been accused of a crime, beginning with the initial investigation
of the crime and concluding either with the unconditional release of the accused by virtue of
acquittal or by the imposition of a term of punishment pursuant to a conviction for the crime, this is
known as criminal procedure. Decisions rendered by the Supreme Court are not appealable;
decisions are a signed opinion by the justices.
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The Federal Court System
To properly discuss the history of the Federal Court System in America one must first describe the
functions and responsibilities of the court system. As with anything complex, it starts first from
humble beginnings, and constant adaptations, and in the end you get your final product. This
complexity that is going to be described and explained just so happens to be the American Federal
Court System, this will cover the history, growth and development, as well as the current status of
this intricate system.
The Supreme Court is the highest court in the federal system, currently the Supreme Court has nine
Justices who hold meetings in Washington, D.C. There are ninety–four district level trial courts and
thirteen courts of appeals that sit below the Supreme Court. Most importantly Article III of the
United States Constitution placed the actual judicial power to the Supreme Court. In the beginning,
the Judiciary Act of 1789 made it possible for the Supreme Court to be developed, the act also
appointed a Chief Justice and five other associate justices. Over the next eighty years or so, changes
were constantly made to the Federal Court system; due to the Judiciary Act of 1801, the number of
justices were reduced to five which also would include the Chief Justice. From 1802 up until 1863,
four more justices were authorized but, in 1837 the number of justices were reduced from a total of
ten to seven. Finally, in April of 1869 the size of the Supreme Court was raised one final
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The Three Tiers Of The Federal Court System
The three tiers of the American federal court system consists of the Supreme Court, District courts
which are also referred to trial courts, Circuit Courts of Appeals, and the Supreme Court.
The Supreme Court, which is often referred to as the Court of last resort," is the highest court within
our court system. Only an original ruling by the Supreme Court can change a pre–existing one. They
have the authority to decide appeals on all cases taken to federal court or those that have been
brought to a state court that handles federal law. Once one of the circuit courts have made a decision
on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court.
The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The
parties involved in the case are required to petition the court. If the petition is granted, the circuit
courts will take briefings and hear arguments. If the petition is not granted, the lower court's
judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court
oversees many types of cases such as most cases involving federal laws or regulations, international
and interstate commerce, and cases involving commodaties and securities, to name a few. Where a
case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case
can start in either the Superior Court or District Court. Cases wouls start in the district court if they
involve
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The Redistricting And Reappointment Process
To know rather state legislatures should continue to have responsibility of the redistricting and
reappointment process, we must first know how and what it means to redistrict and reappoint. Well,
Redistricting and Gerrymandering they are basically the same. Gerrymandering is simply attempting
to find a political advantage in redistricting. Also it is very often the case that redistricting is sought
for political advantage. This takes place by constitution at least every decade in most typical
democractic systems using similar electoral systems to prevent the unsuitable distributing of
representatives to a legislative body. But there is an alteration among redistricting and
reapportionment. "Redistricting refers to the actual or ... Show more content on Helpwriting.net ...
Redistricting can be used to favor certain parties; for example, districts can be drawn to include
areas with larger numbers of Democrats or Republicans, as long as the population numbers remain
consistent. "Even when the population is divided equally, drawing the lines one way can reward
Democrats and punish Republicans. But, some line drawing can protect incumbents, they will face a
potent challenger, either from their own party or the opposite party. Consequently, redistricting has a
direct bearing on what matters a legislature chooses to tackle, and which to ignore" (Brennen). The
People should understand how their district is drawn and whether they will have a fair chance to
elect a candidate of their choice. A good redistricting process would benefit the public and help
secure a significant representation. Rather than gathering the lawful obligation that all votes must
count equally. Many states consider drawing their districts because of cultural, geographic, social,
economic, and racial concerns. This is far deeper than a Democrat or Republican. A decent
redistricting method allows societies to give input and ask questions. This involvement is vital,
because it makes the communities classy districts. Nearly every other democracy in the world utilize
their districts to elect their legislatures. While not
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HIV/AIDS Virus V. Ryan White
Ryan White became a national figure for the HIV/AIDS virus. He was born in December 6, 1971
and died in April 8, 1990. He lived in Kokomo, Indiana. Unfortunately his life was taken by the
AIDS virus when he was only 18 years old. Throughout his life he struggled with hemophilia,
AIDS, as well is many human violations stemming from ignorance about AIDS. He contracted
AIDS from an infected transfusion in December of 1984. At the time AIDS was not very well
understood by the public and as a result he suffered persecution, out of pure ignorance. This lead
him a life of AIDS advocacy as well as a lawsuit to earn his right to go to school.
When he was three days old his doctor diagnosed him with severe type A Hemophilia after a
circumcision ... Show more content on Helpwriting.net ...
Not only did an innocent child loose his life, but also he persecuted for his illness. His entire
community had a false per–conceived notion that they could all get infecting by being around him.
He had to spend some of his his dieing years around people that hated him. Ryan along with many
other people contracted AIDS from the tainted batches of plasma factors. His story is not all bad, in
fact, he his AIDS advocacy was a very good thing. Ryan was featured on many news networks such
as CNN, NBC,ABC and CBS, he also makes appearances on shows like Ted Koppel and Sally
Jessie Raphael. Ryan's story was also plastered on magazines like Time and Junior Scholastic. He
attracted celebrity support like Elton John and Micheal Jackson. Ryan's message helped inform and
make the entire world aware of HIV/AIDS. Five days before Ryan's death, the President of the
United States, George H.W. Bush planted a White House elm tree in Indianapolis to commemorate
Ryan. Ryan did not die in vein, he changed the
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Essay on Congressman Steve Cohen
As the current representative of the 9th district of Tennessee, Democratic Congressman Steve Cohen
has emerged as a tactful candidate with goals in mind to help better the lives of his constituents
through his representative style and his home–style. Theory I: Redistricting, Gerrymandering, and
Candidate Emergence A congressional district is an electoral division of a state, electing and entitled
to send one member to the United State House of Representatives. Districting is the initial set
district, whereas redistricting is the process of drawing district boundaries after the decennial census
and new population changes. Redistricting is a political process that affects the fortunes of
incumbent House members, state legislators, ... Show more content on Helpwriting.net ...
Since then, gerrymandering has been used to gain partisan advantage and to shape the political
projections of politicians and racial and ethnic groups. The two most common gerrymandering
techniques include packing and cracking, disappointingly both waste valuable votes in doing so.
Packing has both an offensive and defensive strategy. Offensively, packing is to fill a district with
many voters of one type to create a safe seat; typically used in partisan gerrymandering.
Defensively, packing is to compress voters of one type into as few districts as possible to dilute their
influence elsewhere. However, cracking is to spread as many voters of one type into as many
districts as possible to dilute their influence; typically used in racial gerrymandering. Partisan and
Racial gerrymandering are two common forms of gerrymandering. Partisan gerrymandering is the
manipulation of districts to increase members of a specific party by drawing district lines on the
basis of party identification. Racial gerrymandering is drawing district lines on the basis of race;
possibly leading to a majority–minority district. After the ratification of the Fifteenth Amendment
granting former slaves the right to vote, many southern states implemented a variety of methods to
prevent the adoption of the new law. The Voting Rights Act (VRA) of 1965 was the solution to the
unfair methods implemented. It removed the
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Redistricting In The United States Voters
Voters should care about redistricting because it highly concerns them. The city that they are living
in could become divided or family members could be in different districts. I believe that there is a
problem with our current system on redistricting mainly because us people don't have a say in it. I
think if we got to see what our state legislators were wanting to do in the future, then we would be
able to have a say in it. One of the main negative effects of political redistricting is gerrymandering.
Being able to just change the districts to keep or change the political power is unfair. They can do
this to just be able to win the vote in the end. One positive aspect is all the voters are fairly
representative, meaning they all feel like their vote will count (unless gerrymandering is happening).
On Ballotpedia on Indiana, we have 9 representatives and 150 state legislators and the state
legislators do the redistricting. One reform that is going around the United States is the Electoral
system and wanting to change it. I personally do not believe in changing the Electoral College
because it's something we have been using for over 200 years now, and it works. I also believe that
the Electoral College is a fair way for elections to happen and it highly relies on our votes. Ranked
Choice Voting (RCV) is when voters rank the following election candidates in their favorable order
and decide then who is their best pick. Winner take all is exactly what it means, the winner takes it
all in the election. I do not think it is in the public interest for my state to use a commission or a
board for redistricting because it comes down to what political party controls the board. For
example, if you have a board of 10 people ... Show more content on Helpwriting.net ...
"Federal court strikes down Texas congressional districts." USA Today, 15 Aug. 20ADAD,
www.usatoday.com/story/news/nation–now/2017/08/15/federal–court–strikes–down–texas–
congressional–districts/571309001/. Accessed 20 Sept.
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Personal Knowledge Of Real Life Cases And Critical...
Varying Aspects and Personal Knowledge of Real Life Cases and Critical Thinking Involving Key
Aspects of Cases Presented.
The Criminal Justice system has evolved heavily through the time where Criminal Justice was first
introduced to the United States. Jurisdiction is the official power to make legal decisions and
judgments. It is the extent of the power, a system of law courts, a judicature. In March 1864, Smiley
is indicted in the U.S. Circuit Court, charged with "plundering". Jan 25th, 2011, Jacob Lee Loughner
is charged with murder, in the U.S. District Court.
Sunken Treasure: United States v. Smiley
July 21st, 1862, the Golden Gate left San Francisco for Panama. On board was a secret "treasure"
amounting to $1,450,000. Three miles a half away from the Mexican Shore a fire broke, and went
into pieces just 250 ft. away. $1,200,000 were recovered in a port by Smiley and his associates,
which he gained license from Mexico to retrieve. Shippers and Smiley both disagreed about how the
share of the recovered treasure should be split. After distributed evenly, things remained calm, but
later on, March 1864, in the U.S. Circuit Court, Smiley was indicted for plundering and stealing the
treasure from the Golden Gate.
Mr. Justice Field, the judge of the court, was not prepared to decide that the statue does not apply to
a case where the vessel has gone to pieces, to which the goods belonged of which larceny is alleged.
Stated in Scott (1906) "that if any person . . . shall
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Redistricting Essay
If I were to choose an improvement to make an American political institution better, I would choose
to improve the process of redistricting. I would change redistricting in a way that would make it
fairer such as getting someone who is not in either major party to draw the lines for new districts
after every census instead of someone from the current party in power. According to the National
Conference of State Legislatures, (NCSL), redistricting is "the process of redrawing state legislative
and congressional district boundaries every 10 years following the decennial United Census."
(Redistricting) Basically redistricting is the election of state legislators, Congress members, and
many country and municipal offices who are grouped into districts ... Show more content on
Helpwriting.net ...
Proportional representation is an electoral system where parties will earn congressional seats in
proportion to how many votes people cast for them. This would be an extreme opposite to the result
of gerrymandering. People would then feel the need to vote because they know that their vote will
actually go towards something. If 25% of the voters supported a certain party, that party would then
get about 25% of congressional seats. Proportional representation is a way that could help fix the
unfairness of the plurality system. The plurality system allows for larger parties to get an unfair
amount of congressional seats whereas smaller parties do not have this advantage and also have a
huge difficulty in winning any representation at all, also known as Duverger's law. This would be a
great way to prevent gerrymandering which helps with the redistricting issue majorly. Proportional
representation could be brought in without a constitutional amendment in some cases, but the
system born from this would not work well unless the powers of the Governor General were made
clear. What would require a constitutional amendment would be a change to the powers of the
Governor General. If it were simple enough to not require a constitutional amendment, I feel as if
this would be an excellent idea and help solve many problems and unhappy people with our current
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Ideologies And Political Parties Of North Carolina...
Ideologies and Political Parties of North Carolina Representatives North Carolina holds thirteen
seats in the house of representatives along with the two senate seats given to every state. As a state,
North Carolina has elected representatives identifying primarily as republicans, with few democrats
in Congress, a common distribution in states today with a Conservative Republican President and
Republican–Majority Congress. In the House of Representatives, George Butterfield, George
Holding, Walter Jones, David Price, Virginia Foxx, Mark Walker, David Rouzer, Richard Hudson,
Robert Pittenger, Patrick McHenry, Mark Meadow, Alma Adams, and Ted Budd represent each of
the thirteen districts of the state respectively. North Carolina's elected ... Show more content on
Helpwriting.net ...
Jones is a Liberal Republican, gaining support from both Democrats and Republicans in the House
of Representatives through his efforts for reforming education, leveling trade, and increasing
retirement security. Jones has created a variety of bills that have been signed into law and serves as a
senior member of the Armed Services Committee. David Price, Democrat, Liberal, and
Environmentalist, is the representative for the fourth congressional district. Price worked as a
professor at Duke University before being elected to Congress in 1987. Price has written four books
on the United States political system and is very outspoken on his belief on major issues including
education, health care, the environment, transportation, and homeland security. Price has worked
towards addressing these challenges by leading many of the fights towards improving matters in the
government and country. Virginia Foxx is the representative of the fifth district in North Carolina,
responsible for the people of Winston–Salem, among the other towns in the district. Foxx is a
Conservative Republican, leading movements to reduce federal government spending, increase
government accountability, and is known as one of the most conservative members of the North
Carolina representatives. Foxx uses her movements to spread her beliefs and serves as the
Chairwoman of the House Committee on Education and the Workforce, as stated on her
congresswoman webpage. Mark Walker is the
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Columbia Constitution Section 2
Section 1 The District of Columbia will terminate its status as a mere federal district and instead be
granted full statehood. The title of Washington D.C. will be terminated as well and instead the state
will be appointed with the official title of New Columbia. Section 2 2. New Columbia is to be
bestowed with proper representation in the legislative branch relative to the states current
population. Columbia will receive two senators in the Senate as every state does and in accordance
with its population size calculated by the U.S. census; Columbia will receive a total of two
representatives in the House of Representatives. The acquisition of this adequate representation will
... Show more content on Helpwriting.net ...
An amendment that would grant the District of Columbia statehood is absolutely necessary and
should be ratified as soon as the amendment process would allow. The amendment is a necessity
because it will address a multitude of problems that affect citizens of Washington D.C. due to its
unique legal status as a district. The three most prominent issues that citizens of Washington feel
need to be resolved are financial planning in the district, representation in Congress, and lawmaking.
Before one can fully back and support the movement for this amendment, they must first observe
the characteristics of Washington D.C. that make it a viable candidate for statehood. The first
impressive statistic regarding Washington D.C. is its population size; in 2016 the district had a
population of 681,170 people. This large amount of residents would make Washington D.C. eligible
for representation in the House of Representatives, which is an impressive feat. Washington D.C.
has also managed to amass a booming economy in addition to its large population. In 2011 the
District of Columbia possessed an unemployment rate of 5.9%, a percentage that was 3.1 points
lower than the national average of 9% (ncsl.org). Another impressive statistic from 2011 was the
fact that Washington D.C. accounted for 6% of the United State's overall job despite the fact that at
the time it only contributed for about 2% of the country's overall
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Essay on Do Not Call List
Abstract
For years companies from all areas of commerce were allowed to call anyone they thought might be
a candidate for their product without repercussions. A court order on Feb, 17th 2004 upheld an order
to allow the general public to be listed on a do not call list. Businesses will now be held responsible
if they contact someone on this list without their permission. The question is did the court make the
right decision.
We may not agree on much in this country, but one thing most of us can agree on is that
telemarketing is a big nuisance. In fact one survey done by Walker Research in 1990 showed that 70
percent of Americans considered telemarketing an invasion of their privacy. In ... Show more
content on Helpwriting.net ...
Yet, forcing someone to listen to me speak my mind does impose a cost. This is the heart of the
matter, which many people fail to understand: The right of free speech does not include the right to
an audience. You have to earn an audience, which must be given of their own will. If not then the
company is violating one of the most basic rights we have and that is the right to simply be left
alone. As stated by the 10th U.s. Circuit Court of Appeals in The Associated Press (Feb. 14, 2004)
"Just as a consumer can avoid door–to–door peddlers by placing a 'No Solicitation' sign in his
or her front yard, the do–not–call registry lets consumers avoid unwanted sales pitches that invade
the home via telephone".
Telemarketing businesses disagree with this point of view of course. They view their work as simply
another way and means of advertising. The Direct Marketing Association fought the ruling in Sept.
of 2003 and won with the court stating that the original law was imposing on their right to freedom
of speech. They stated that the phone lines were owned by the phone companies and not the
consumer which for the most part was true. Companies such as SBC and AT&T had built most
of them yet the phones at the ends of these lines are owned by the general consumer. This is where
the customer's argument comes back into the light. With the phone being theirs they strongly
believed that they should have the right stop inbound
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Difference Between A Binding Precedent And A Persuasive...
2. Explain the difference between a binding precedent and a persuasive precedent?
Within the United States, the judicial system follows the principle of stare decisis. Whereas, courts
should abide by the precedents established by superior courts" (Berman, Bowman, West, & Van
Wart, 2016, p. 56). The apex of the judicial system, within the United States, is the Supreme Court
followed by the 12 federal circuit courts and the 90 federal district courts providing the base of the
federal judicial system. States follow a similar pyramid structure (Berman et al., 2016, p. 56).
The principle of stare decisis is generally followed by the levels of the judicial system. Court's
opinions may be based on either binding or persuasive precedents. An opinion is considered a
binding or controlling precedent if it has been written by a court in a higher position within the
pyramid structure. Therefore, a precedent written by a federal circuit court should be abided by the
federal district court directly below it on the pyramid but not by the Supreme Court which is located
above it on the pyramid. However, a court may treat the opinion as a persuasive precedent in which
they "choose to embrace a well–reasoned, nonbinding opinion" (Berman et al., 2016, p. 56).
Therefore, the judge or judges may view the opinion as having no precedent over the case and are
non–binding but provides consideration and guidance for the current case.
3. What is the Hatch Act?
It was not uncommon during the 1800s for
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Florida's 26th Congressional District
The United States Congress appropriated electoral power to Florida's 26th Congressional District as
of January 2013 as a response to the 2010 Census. The first winner of the electoral district, Joe
Garcia (Democrat), was appointed the 113th Congressman on January 2, 2013. Following his two–
year term in office, Carlos Curbelo (Republican), now holds the position as the 114th Congressman
for the 26th District. Effective November 2014, Carlos Curbelo was elected by the people of
Florida's 26th Congressional District to represent them. The 26th Congressional District is located
South Bound of Florida's Capitol, Tallahassee. The 26th District encompasses all of Monroe County
and the south–west region of Miami–Dade County. These ... Show more content on Helpwriting.net
...
This experience of addressing the needs of the fourth largest public school system in the country has
provided me unique insights into the challenges faced by schools at the K–12 level, including those
of English learners" 9, Energy and Environment – "Florida's 26th Congressional District is home to
some of our country's greatest natural treasures, including the Everglades and Biscayne National
Parks and the Florida Keys National Marine Sanctuary" 10, Foreign Affairs – "I have the utmost
respect for the men and women who wear our nation's uniform and work every day to secure the
freedoms and liberties we as Americans are privileged to enjoy. Our Congressional District is
honored to be home to both the U.S. Coast Guard Sector Key West and Naval Air Station Key West,
along with hundreds of service members who reside in South Florida" 11, Health Care – "I believe
that all Americans strive for and deserve a healthcare system that is both affordable and efficient.
The dramatically increasing cost of healthcare, troubling classification standards for employer
provided plans, and importance of medical research are a few of my top priorities. Ultimately,
affordable healthcare must be accessible to every hard–working American family. I will continue to
work to ensure that our nation's healthcare system is serving the best interests of the American
people" 12, Transportation – "The need for dedicated, long–term funding for transportation and
infrastructure projects is vital to alleviating the congestion problems that plague South Florida" 13,
Veterans –"Our nation owes its military veterans a debt of gratitude for their service and sacrifices.
Each took an oath, lived by a code, and stood ready to offer themselves in defense of their country.
The lives we live today, and the freedoms we enjoy, have been preserved by their protection. Too
many of these noble service
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Effective Treatment Of A Rehabilitation Facility
earning of her partner's accident, Karen rushed to the hospital to discover
Sharon's fate. There, medical staff rebuffed her entreaties for information pursuant to hospital
regulations providing that only designated "family" members could receive information about
patients.3 Because she was not a
"family" member, Karen was prevented from knowing whether her beloved partner was living or
dying.4
Prejudice continued from an unlikely quarter. Preceding the accident, relations between Karen and
her partner's parents had been cordial.
Afterwards, however, hostility soon developed because of Karen's devotion to her partner. Sharon's
family members became increasingly suspicious and resentful of Karen's frequent hospital visits.
Based on ... Show more content on Helpwriting.net ...
In each of the ensuing lawsuits, Karen battled with Sharon's parents,
Donald and Della Kowalski, about Sharon's guardianship. In the first case,5 Karen argued that she
was best suited to serve as guardian based on her intimate relationship as well as Sharon's
preference. Donald Kowalski, relying on his biological relationship to his daughter, countered that
his
"unconditional parental love" supported his appointment.6 Sharon's physicians and nurses closed
ranks, denying Karen access to Sharon's medical records and supporting Mr. Kowalski's petition.7
The trial court was swayed by Mr. Kowalski's arguments. Influenced by a formalistic definition of
"family," the court confirmed Mr. Kowalski as guardian and gave him power to determine Sharon's
visitors. The Minnesota Court of
3. KAREN THOMPSON & JULIE ANDREZEJEWSKI, WHY CAN'T SHARON KOWALSKI
COME
HOME? 4 (1988).
4. CASEY CHARLES, THE SHARON KOWALSKI CASE: LESBIAN AND GAY RIGHTS ON
TRIAL
16 (2003).
5. The trial court proceedings are summarized in In re Guardianship of Kowalski
(Kowalski I), 382 N.W.2d 861, 863 (Minn. Ct. App. 1986), cert. denied, 475 U.S. 1085
(1986).
6. Id. at 865.
7. Id. at 864.WEISBERG FINAL TO PRINT 10.28 (DO NOT DELETE) 10/31/2013 11:15 AM
Winter 2014] KAREN'S UNWITTING ROLE IN MARRIAGE EQUALITY 5
Appeals affirmed.8 Sharon's father celebrated by
... Get more on HelpWriting.net ...
The Discovery Dispute And Its Effect On The Status As A...
For the reasons stated in Part II(A), supra, Avpro enters this discovery dispute with a distinct
advantage due to its status as a non–party. Independent of its status as a non–party, the electronic
discovery that 50NL seeks from Avpro would otherwise be undiscoverable because Avpro's need for
the discovery does not outweigh the burden and cost of locating, retrieving, and producing the
information. Md. Rule 2–402(b)(2). Moreover, the fact that 50NL's need for the requested discovery
is de minimis, the burden and costs imposed on Avpro are exorbitant, all in conjunction with the fact
that Avpro is a non–party to the underlying litigation, all indicate that this Court should deny 50NL's
motion to compel.
Unfortunately, while Md. Rule ... Show more content on Helpwriting.net ...
Rule 2–402(b) as cited in the committee's meeting minutes on October 12, 2006. Maryland Court of
Appeals Standing Committee on Rules of Practice and Procedure, October 13, 2006 Meeting
Minutes *69, available at http://mdlaw.cloudapp.net/awweb/main.jsp?
flag=browse&smd=1&awdid=3. As such, Respondents respectfully submit that this Court should
look to the factors articulated in Zubulake to inform its understanding of the terms "undue burden,"
"undue cost." and "need for discovery" as those terms are used in Md. Rule 2–402(b)(2). In the
instant matter, virtually all of the Zubulake factors weigh in favor of denying 50NL's motion to
compel, and those that do not, certainly do not weigh in favor of granting the motion. First, both of
the respective requests ask for all written communications between Greg Noval and Avpro spanning
a period of nine months. Granted, the requests purport to limit its scope to communications
involving aircraft. Lest we not forget, however, that Avpro is an aircraft broker, and as such, this
purported limitation rings hollow. Indeed, perhaps every incoming or outgoing communication sent
from or received by Avpro relates to an aircraft in some way or another. As such, the incredibly
broad scope of the discovery request at issue militates in favor of denying 50NL's motion to compel.
Moreover, in this matter, not only is all the information that Avpro seeks readily
... Get more on HelpWriting.net ...
De Centralization Of Electronic Discovery
De–centralization of electronic discovery Eric W. Landry
American Public University
Dr. Deborah Moerland
August 2, 2014 Abstract
In 1995 and 1996 the judicial systems around the world realized that there was a problem with
computer–based discovery and enacted civil procedures and guidance to assist legal entities.
Summarizing Michael Curran, Esq. (2011) even with these civil procedures, guidance and laws in
place, there are still several challenges in the legal systems when it comes to discovery of
Electronically Stored Information when dealing with international e–discovery (Curran, 2011). This
information may be protected under different data protection laws that can inhibit the e–discovery
process during litigation, civil, and ... Show more content on Helpwriting.net ...
RESEARCH QUESTIONS 5
IV. SIGNIFICANCE OF THE STUDY 5
V. THEORETICAL FRAMEWORK 5
VI. LIMITATIONS 6
II LITERATURE REVIEW 6
I. INTRODUCTION 6
II. HISTORICAL BACKGROUND 6
III. LAW AND REGULATION ANALYSIS 7
I. SUMMARY 9
II. E–DISCOVERY TOOL ANALYSIS 10
III. SUMMARY 10
IV. CONCLUSION 10
III METHODOLOGY 11
IV SUMMARY AND CONCLUSION 11
I. SUMMARY OF RESEARCH AND RESULTS 11
II. CONCLUSION 11
III. RECOMMENDATIONS FOR NEW RESEARCH 11
I Introduction
The de–centralization of electronic discovery (e–discovery) rules (laws) brings challenges when
searching for evidence in Electronically Stored Information (ESI), both nationally and
internationally. If a litigation case covers more than one jurisdiction a lawyer will need to be hired
that knows each particular jurisdiction. The reason that a lawyer familiar with that particular United
States (US) district court, from herein referred to as districts; will need to be hired, is due to the
differences in the local rules throughout the districts. To summarize David Canfield (2012), several
states have adopted new civil procedures since the 2006 Amendments that may be incorporated in
the Federal rules for future amendments (Canfield, 2012, p.p. 1–2). "District judges play an active
role in tailoring e–discovery needs to individual cases" (Allman, T., 2013) and the local adoption of
federal rules cause inconsistent rules throughout the country is the cause of these differences"
(Allman, T., 2013). Regulations that
... Get more on HelpWriting.net ...
King County Court Case Analysis
The purpose of this memo is to summarize, analyze and reflect upon my visit to the King County
Courthouse, West Division on February 10, 2017.
On Friday, February 10th, 2017 I visited the King County Courthouse in Seattle to fulfill the
requirements of the Visit to the Court Assignment. During my visit, I observed the court proceedings
for two hours. Also, during this time I got familiar with the courthouse and observed three separate
cases. Each case presented a different issue for the judge and resulted in different judgements.
The first case I observed being heard before the court was a criminal case. In this case, there was no
jury present and very few spectators. The case was already in the sentencing stage, meaning the
judge was ready to give their verdict to the present parties. The defendant was being charged with
possession of a stolen vehicle. The plaintiff was the ... Show more content on Helpwriting.net ...
The parties in this case were a divorce couple. The wife was appealing the ruling of the
commissioner and was requesting a revision to their divorce agreement. She stated that her husband
had not reported additional income and she should be awarded additional child support. She stated
her current financial situation, she was working on her bachelor's degree and couldn't handle paying
for that and financially provide for her family as well. She also had an interpreter present to aide in
her argument. Her argument was based on the commissioner's mistake to not account for her
husband's additional income and therefore being awarded the incorrect amount of child support. She
asked the judge to make this revision and consider the husband's additional income for the year.
Meanwhile, the husband did not speak nor object to a revision. The judge only gave each party 10
minutes to speak and ultimately sided with the mother. The judge made the revision of increasing
monthly child support by considering the husband's unreported
... Get more on HelpWriting.net ...
Case Study : Hard Candy And Beauty Industries
Case Brief 3.1:
1. Develop a chart showing the various companies involved along with the people and locations for
doing business
Hard Candy, a company operating in the fashion and beauty industries, challenges the use in
commerce of certain trademarks by various businesses and individuals associated with Ciccone
(Madonna). Guy Oseary has provided personal management services to Madonna Louise Ciccone.
Company Business Location
Hard Candy, LLC Florida
Hard Candy Fitness California
MGH Candy California
New Evolution Ventures, LLC California
2. Explain when Madonna was in Florida and why her presence was not enough to allow jurisdiction
A Florida federal judge on Monday shot down Madonna's objection to having to appear for a
deposition in ... Show more content on Helpwriting.net ...
HCF seeks cancellation of some of Hard Candy 's trademark registrations, in addition to damages
and Hard Candy 's profits from the sale of the infringing products. It also asks for injunctions
against future sale of the products, according to the countersuit. Hard Candy filed the suit against
Madonna, HCF and related parties in October, saying Madonna 's products that she has sold since
2011 were causing the cosmetics company to suffer financial losses and trademark dilution, among
other things. Hard Candy said it had been using the mark since 1995 when the company began
selling nail polish. It registered that mark in 1996 and a year later registered another that covered
other cosmetics such as mascara, lipstick, lip liner, according to the suit.
Case Brief 4.2
1. Explain what the special master found about Pulte's behavior in the case.
The Special Discovery Master also informed the trial court that the Simerlys ' counsel and Pulte 's
counsel had provided conflicting statements relating to Pulte 's removal of discovery documents
during a May 2009 document review at Pulte 's offices. At a subsequent hearing before the trial
court, Simerlys ' counsel, Michael Carvalho, testified that he and an associate attorney, Christine
Westberg, had a scheduled document review at Pulte 's offices in May 2009. Carvalho testified
... Get more on HelpWriting.net ...
Reflection Of Interning In The Court
In the first two weeks of interning at The District Court of Allahabad under Adv. R.P. Gupta I was
asked to read order VI, VII, VII of the CPC, 1908 to understand the requirements of the Plaint,
Pleading, Written Statement and Counter Claim.
During the visits to the court I learnt that the court is divided according to its jurisdiction where
cases coming from the village are dealt in Civil Judge East Court and the cases from the city are
dealt in Civil Judge west court. Also there is a Parent Court where the cases are dealt irrespective of
its jurisdiction. Further I learnt that a DJ is appointed as the head of the District Court along with
him an ADJ is also appointed who has the supervisory power over the DJ. Also there are CJ (Jr.
Div.) and CJ (Sr. Div.) based on the valuation of the money. During the hours in chamber I learnt
about terms related to Property law and about the measures taken for tiger conservation and
harmonizing the rights of tribal people living in and around tiger reserves. I also learnt about
Stridhan and Paitrik Sampat, about Sec 125 CrPc, Sec 13(1)(i) Hindu Marrige Act and various other
provisions from the cases I read about.
In the last two weeks of my internship due to my supervisors involvement in the upcoming court
elections I was taught to research for the cases in SCC and ADJ. I read various cases dealing with
issues such as 'Operation Smile', 'Protection Of Women from Domestic Violence Act, 2005',
'Juvenile Justice (Care and Protection of Children) Act,2000', about Dowry Death, learnt the
difference between Informant and Claimant and between Visitation Rights and Visitation Order and
also about Dying in Harness Scheme.
On the last day of my internship I was given a tour of the court where
General Observation
In the district court of Allahabad the District Judge has the administrative control over all Civil
Courts within the limits of his jurisdiction. Hindi written in Devanagari Script is the language of the
courts.
The working hour of the court is from 10 am to 5 pm with a recess from 1:30 am to 2 pm. The
sitting hours of the court are from 10:30 am to 4pm.
A weekly list of cases fixed for hearing in the following week is prepared on the
... Get more on HelpWriting.net ...
Essay on The Texas Judicial System
The Texas Judicial System
The Texas Judicial System
The Texas judicial system has been called one of the most complex in the United States, if not the
world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated
appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas
Constitution.
The Texas Supreme Court and Texas Court of Appeals has a bifurcated appellate system at the
highest level. Civil case appeals by the Texas Supreme Court, which also maintains the
responsibility for licensing attorneys. For appeals on criminal cases those got to The Texas Court of
Criminal Appeals. In times where the Death Penalty is in question cases are ... Show more content
on Helpwriting.net ...
There are 14 courts of appeal and two of them are located in Houston the 1st and 14th Courts, both
having concurrent jurisdiction over the same counties cases are to be assigned on a random selection
basis but may be moved in order to equalize the docket. Also the 6th and 12th courts in East Texas,
appellate districts overlap in four counties Gregg, Rusk, Upshur, and Wood. The set up in the East
Texas districts has been heavily criticized as being friendly to "forum shopping."
The following the districts and cities they are located:
1st Houston, 2nd Fort Worth, 3rd Austin. 4th San Antonio, 5th Dallas, 6th Texarkana, 7th Amarillo,
8th El Paso, 9th Beaumont, 10th Waco, 11th Eastland, 12th Tyler, 13th Corpus Christi/Edinburgh,
14th Houston.
The state trial courts of general jurisdiction are the district courts. The district court has exclusive
jurisdiction on felony cases, as well as divorce cases, cases involving title to land, and election
contest cases. It shares jurisdiction with the county courts, and in some case justice of the peace
courts, for civil cases the lowest limit for hearing a case is a mere $200 in controversy, while in
Justice of the Peace courts can hear cases up to $5,000. In a "catchall" provision it hears all cases in
which jurisdiction is not placed in another trial court.
... Get more on HelpWriting.net ...
Criminal Justice Court Observation
I observed court operations at the Plantation Key Government Center in Tavernier, Florida twice: on
October 7th and November 4th. I observed Chief Circuit Judge Carlos Garcia in courtroom A. The
courthouse is located in the 16th Judicial Circuit of Florida and it's a state trial court with general
jurisdiction. The first visit was cut short, in part because it was a lighter criminal day than planned,
but also I was flabbergasted by the lack of professionalism that was present in the Florida Keys
courtroom. I'm not sure if it's a "court in Paradise" problem, or something that is observed at other
courtrooms, however, I'm disappointed in what I saw. Lack of professionalism was evident during
both visits from the actors and their actions. On ... Show more content on Helpwriting.net ...
They seemed laid back and like they were conversing amongst friends. I'm not requesting duels
between the state and defense attorneys, but don't let the defense attorneys waste your time. It was
clear that the State was fairly prepared, at least enough to move on from preliminary hearings into
discovery, yet the state would grant continuances to February of 2015. I think it's great that it's not a
hyper competitive environment, but business still needs to get done. I believe to a certain extent,
they did defend their clients, I feel more zest could have been used, but my standard might be
unrealistically high. Judge Garcia came into court, well prepared, he knew the cases better than the
attorneys, and he was active. He had a very expressive face, and it was clear from his body
language, at times he felt frustrated or disinterested. I feel it was more from, being a former
Assistant State Attorney and the state not necessarily posing the best offense. I feel that many of the
issues could have moved on to the next step in the criminal process. For the cases that were resolved
there on the spot, Mr. Edwards was happy with his outcome Ms. Denum was upset, but not
necessarily because of the outcome. During the first visit, we were still early into the class readings
and I had a difficult time understanding what was occurring. By the second visit, I was able to
understand more of what was going on. The courtroom observation was
... Get more on HelpWriting.net ...
The Size Of The House Of Representatives
In 1787, one of the most debated issues was the size of the House of Representatives. During the
Constitutional Convention, the delegates proposed that 40,000 citizens should be represented by one
congressional district. However, George Washington intervened and argued that 40,000 was too
high, and reasoned that 30,000 was more reasonable and allow people to be represented adequately
Washington's proposal was incorporated in Article One, Section Two of the Constitution which
states "representatives shall be apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State." While the number of representatives
did increase throughout the history of the United States, the number has been set at 435 members
since 1929. Congress in 1929 passed the Permanent Apportionment Act that set the number of
representatives at 435, which was set after a 1910 census. Currently each representative represents
700,000 citizens and congressional seats are redistricted around the nation based on population
changes. But the currently number of representatives does not adequately represent the present
population and a single district cannot represent a huge number of people. Therefore, the current
number of representatives must be increased. After the Permanent Apportionment Act of 1929,
congressional seats are move around the nation after each decennial census However, each state is
entitled to one seat, no matter how large its
... Get more on HelpWriting.net ...
The Advantage Of The Media And Social Media
What about the media? Media disability is another advantage. Incumbents are linked to every media
outlet, the television, radio, internet, and social media. Technology is the biggest platform in this day
and era. A study by Pew Research Center concluded that 62 percent of U.S. adults obtain their new
on social media. Incumbents can reach every audience, young, middle aged, the elder as well as
those who come from different backgrounds.
Ever wondered where incumbents get the money from to constantly send flyers to your house or the
ones that get put in your windshield or doorknob? We witness and experience this all the time during
election time. They have franking privilege. Franking privilege is when lawmakers send certain
mails to their voters without payments of postage. However, the only people that are allowed this
privilege are members of Congress and the Vice President. The sitting president does not.
Incumbents also have access to a lot of resources once they've established a strong support system.
For example, voter catalogs and contact information. The catalog consists of all parties who are
registered to vote, the party they favor, telephone number and district. It is vital and big deal for
candidates to have this information because they can contact and pursue those to vote for them. Not
everyone incumbent or candidate is fortunate to acquire this information.
Finally, amongst all the other advantages, incumbents have the advantage of patronage and
casework.
... Get more on HelpWriting.net ...
Narrative Writing Assignments Of Pretentious Middle School...
Hyperextended crabs. Pinwheel of death. Broken–winged pterodactyl. Such terminology seems
befitting of comparisons found in the interpretive writing assignments of pretentious middle school
students in an introductory art class. At the very least, they certainly do not invoke the feelings
associated with rational conceptions of what they describe in reality: districts across ordinary towns
in the United States. More sensibly, one could delegate responsibility for these frighteningly
amorphous and visually unappealing figures to the contrived workings of legislatures, yet a certain
degree of accountability ought to be attributed to the currently flawed legal precedent for handling
the intricacies of one of America's most virulent issues. Furthermore, the issue runs much deeper
than the superficial concerns from, they are physically discernable warning signs of a startling trend
that regrettably stifles political discourse and obscures the legitimate appeals of constituents: the
prevalence of district gerrymandering.
Every decade, as per the Supreme Court's ruling in Reynolds v. Sims, U.S. Congressional districts
reevaluate the status quo situation of political district in regards to population, and redraw their
individual localities accordingly. In its intended form, this process bolsters the election process
through taking into consideration different migratory patterns that would perhaps misrepresent the
geographical reality, ensuring that "one man's vote in a congressional
... Get more on HelpWriting.net ...
Texas Political History : The State Of Texas
State Political History The state of Texas has a long and complicated political history. Texas is very
unique in the aspect that it is the only state in the U.S to have once been its own country. This in turn
makes the political history of the state of Texas very unique and interesting. In recent years the
political stage in Texas has become the hot topic of not only the state, but the entire country. Gregg
Abbot is the current governed of Texas, and the first of which to use a wheelchair since George
Wallace of Alabama. Rick Perry the former governor of Texas, and Ted Cruz a state senator have
both ran for the presidency in this past election. The 19th congressional district of Texas has quite a
unique history as well. In 2003 the ... Show more content on Helpwriting.net ...
With President Trumps proposal to build a wall between Mexico and the United States, this has
caused a large backlash from the Hispanic community in Texas, therefore resulting in the numbers
seen in the 2016 election.
State and congressional leanings
As stated earlier, this past election has seen surprising numbers in the way Texans are voting.
Though much of the state, including the 19th congressional district, has remained red. Many of the
state's cities and suburbs have turned blue. This is due in part by the large Hispanic population in
Texas. According to an article published by usnews.com it states, "Today, at slightly more than 28
percent, Texas has the second highest share of eligible voters who are Hispanic of any state in the
nation..." However, Hispanics are not the only ones to blame for the shift in voting Texas has seen.
The millennial generation is more progressive, and in turn tends to vote democratic. The
usnews.com article states, "Like Hispanics, millennials have been voting about two to one
Democratic." This has been very alarming for many officials in the GOP. With the rise of the
Hispanic population, along with more millennials being provided the opportunity to vote. It is
becoming more uncertain whether Texas will remain red in the future.
Dominant party
It is obvious to many that Texas is a predominantly red state. Going back to the civil war, Texas has
always learned more towards the conservative side. However, this has not
... Get more on HelpWriting.net ...

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The Internet World That E Commerce Ventures Have...

  • 1. The Internet World That E Commerce Ventures Have... The Internet world that e–commerce ventures have multiplied tremendously bringing forth cross– border Internet disputes. Such cases require us to consider the scope of the federal court's power of jurisdiction in a new context. CompuServe, a computer network giant, appealed the dismissal to the federal court, for lack of personal jurisdiction, of its complaint in which it judgement that it had not infringed on the defendant's common law copyrights and engaged in unfair competition. The district court held that the electronic links between the defendant, who lived in Texas, and Ohio, where CompuServe is located, were not enough to support personal jurisdiction. The district court also denied CompuServe's motion for reconsideration. Because The Court of Appeals believed, that CompuServe made a display of prima facie that the defendants contacts were substantial enough to support the exercise pf personal jurisdiction, the court reversed the district court's dismissal and remand that the case for further proceedings. CompuServe Interactive Service a computer information company providing complete and comprehensive products and access for Internet users. Headquartered in Columbus, Ohio, it contracts with individual subscribers to provide access to computing and information services via the Internet. Subscribers can also use CompuServe to gain access to more than 1700 interactive information services, such as, Netscape Mail Center for CompuServe webmail. CompuServe also ... Get more on HelpWriting.net ...
  • 2.
  • 3. United States Court Systems United States Court Systems This report is designed to give an overview of both the United States Court system and the Michigan State Court system. It will discuss each system individually and explain each court and general knowledge about that court. It will explore the similarities and differences between the 2 court systems and what the requirements are to determine in which court system cases should be heard. The Federal Courts The Federal Court system is comprised of 3 different tiers, the United States Supreme Court, the United States Court of Appeals and the United States District Courts. The United States District Courts are the trial courts of the Federal Court system. All cases heard in the Federal Court system begin ... Show more content on Helpwriting.net ... The Judges are elected to 6 year terms with the Chief Justice appointed by the Michigan Supreme Court to a 2 year term. There are 57 circuit court districts in Michigan, with one State of Michigan Circuit Court in each district. The circuit court handles all civil cases with claims of more than $25,000 and all felony criminal cases in which jail time exceeds 1 year. In each district there are also numerous limited jurisdiction courts such as Michigan District Courts which handles traffic matters, criminal cases in which the punishment is less than a year in jail, and civil cases for between $3000 and $25,000 in damages is sought. Michigan Small Claims Courts in which civil cases of $3,000 or less are heard. Michigan Probate Courts which handle wills, estates and guardianships cases and also has divisions for Michigan Family Court which handle cases such as paternity, adoption, personal protection orders, delinquency, divorce and Michigan Friend of Court which hears parenting time, custody, and child support issues. The Michigan Court of Claims hears lawsuits for more than $1,000 against the State of Michigan. In conclusion, the State of Michigan is similar to the United States Court system in that both have a 3 tiered system, but the State of Michigan seem much more divided in the trial court tier. Michigan has divided the circuit court jurisdiction into many different limited jurisdiction courts specializing in certain ... Get more on HelpWriting.net ...
  • 4.
  • 5. Deferred Action Research Paper Deferred Action for Childhood Arrivals According to the news reported by Alejandra from The Press–Enterprise, a map was broken down to show if DACA recipients are being deported from the workforce could cause the economy in the United States to lose billions of dollars, one of the major affected states will be California. Based on the research that were provided by the USC (University of South Carolina) Dornsife's Center for the Study of Immigrant Integration and the Center for American Progress, the data shows that more than 800,000 young immigrants were given the deportation relief and work permits during the Obama– era program are being phased out by the Trump administration. On the October 18th, the House Minority Leader Nancy Pelosi stopped by at Los Angeles with the accompany of another representative such as Jimmy Gomez, Judy Chu, and Lucille Roybal–Allard to call on Congress to pass DREAM Act legislation by the end of the year, she wants to help those DACA recipients to have a citizenship in the United States. According to the director of the Center for the Study of Immigrant Integration, he said that the data will help the Congress to get a sense of the number of their constituents who may be affected if legislation is not ... Show more content on Helpwriting.net ... Moreover, the improvement of the economy in the United States has been a major contribution from the DACA recipients. For example, the Medicare sector will lose thousands of professional doctors and specialize, while the United States is already lacking in the number of doctors in the whole nation, this could become a disaster for the people who seek for treatment in the near future. Therefore, it's not just the DACA recipients who stand to lose from the Trump administration's decision on rescinding the Deferred Action for Childhood Arrival Program; it's the United States' ... Get more on HelpWriting.net ...
  • 6.
  • 7. New York 's Fourth Congressional District Sydnii Ray Campaigns and Elections 9/22/14 New York's Fourth Congressional District In the congressional election coming this November, the Democratic and Republican candidates will be fiercely campaigning for the Fourth District's seat in the House of Representatives. In the analysis of the electoral race, we will closely examine various aspects of the district including demographics, income and wealth, religious preference, important federal issues in the area, partisanship, and previous voting patterns. New York's 4th District is located on the eastern portion of the state, near Long Island. It includes the traditionally republican area of Garden City and the towns around it, making the district one out of six congressional districts in New York whose lines fall completely within a single county. Nassau County is famous for containing the "Gold Coast," the setting of F. Scott Fitzgerald's world–renowned book, The Great Gatsby (Nassaulandtrust.org). The elections in the fourth district of New York have favored the Democratic Party as of late, but the race is closer than it has been for years; the competitive air surrounding the upcoming election is the result of the district's many redevelopment projects, the well–received behavior of Republican representatives in local government, the high concentration of wealth in the area, and the 2010 census redistricting and removal of strongly democratic minority precincts (Michael Barone and Chuck McCutcheon 2013). Nassau was ... Get more on HelpWriting.net ...
  • 8.
  • 9. Assignment 1: Political Analysis What is the recent political history of your district and state? Bedford, Virginia is in the 5th congressional district, which is the commonwealth state. The areas that the Virginia's 5th congressional district cover is Franklin, Henry, Halifax, Charlotte, Mecklenburg, Greene, Cambbell, Bedford, Rappahannock, Brunswick, Appomattox, Albemarle, Madison, Prince Edward, Fluvanna, Buckingham, Pittysylvania, Cumberland, Charlottesville, and Danville. Virginia's first district representative was James Madison. The 5th's current Congressman is Republican Robert Hurt. How have they voted in recent presidential and congressional elections? During the 2012 election Bedford Virginia 71.28% voted Republican Mitt Romney and 27.27% voted for Democrat ... Show more content on Helpwriting.net ... Virginia's 5th Congressional District has had reoccuring choice of a Republican winning in the general election. How did your representative and senator come to power? (Thoroughly describe their backgrounds.) Tim Kaine entered politics in 1994, was elected Virginia's lieutenant governor in 2001 and became governor in 2005. Kaine was the first governor outside of Illinois to endorse Barack Obama for president. In January 2013, Kaine began serving as a U.S. senator from Virginia. Robert Hurt, a Republican, is the United States Representative from the 5th congressional district of Virginia. First elected in 2011, Representative Hurt has served the state of Virginia for 4 years.Virginia House of Delegates Member in 2000–2006. Virginia General Assembly Member. Chatham Town Council. In 2001 Representative of United States House of Representatives. 2010– present Senator. Virginia State Senate 2008–2010. How do the interest groups (ADA, ACLU, ACU, CC or FRC) rate your representative and senator? (Note: If the Christian Coalition score is not available, you may substitute the Family Research Council score. Include the exact scores from each of these groups. The rationale for this is explained in the
  • 10. ... Get more on HelpWriting.net ...
  • 11.
  • 12. Congressional Committees and Healthcare Policy Essay Congressional Committees and Healthcare Policy (Chapter Review) An important point made in Weissert and Weissert concerning Congress and its committee structure is that the majority of the work in Congress is done through committees. They perform the majority of research on issues and possible solutions, get legislation written, re–written and amended, and support it as it moves through Congress and finally gets passed. They are the "workhorses of the legislature" (Weissert and Weissert, 29). The breadth of information on any given issue that has to be assimilated, analyzed and formed into a bill that can be passed by the two chambers of Congress is complex, and lawmakers cannot realistically apply significant time and attention to ... Show more content on Helpwriting.net ... Cabinet officers often spend a lot of time testifying before committees (Weissert and Weissert, 30). Committees are responsible for oversight of federal agencies, and while this is described as "complicated...tedious," (Weissert and Weissert, 61) and seems to be a mostly a passive process, an example was cited where at least one committee member was more active. Representative John Dingell was essentially accused of "bullying federal agencies" (Weissert and Weissert, 61) when he was chair of the House Energy and Commerce Committee, due to his apparent micro–management style. House committee investigations of presidential behavior, while becoming less common, are other areas where committees have influence outside of Congress (Weissert and Weissert, 61). Another example given is investigation by the House Judiciary Committee of the sentences handed down by federal judges thought to be too "soft" (Weissert and Weissert, 78). A third point made by Weissert and Weissert is that the power, effectiveness and popularity of Congressional committees can be influenced and weakened. When party leadership is stronger, the power of committees is lessened. Party leaders can find ways to get their pet ... Get more on HelpWriting.net ...
  • 13.
  • 14. The Pros And Cons Of Abortion On the 11th of October, in the year of 2017, a 17–year–old crossed the United States border illegally from Central America. She dreamed of one day being a nurse and, someday, caring for senior citizens. Her lawyers say that having a baby was not part of her plans. She was detained at the U.S.– Mexico border and after a medical examination, she was told she was pregnant. Texas law requires a minor to get parental consent or a judicial waiver to get an abortion. She obtained the waiver and then tried to schedule an abortion, but the Trump administration declined her. Under the Obama administration, pregnant girls in these shelters who sought abortions were allowed to obtain them. That policy has changed under the Trump administration. The acting director of the refugee agency emailed staff to refrain from "any action that facilitates" abortion access without the "direction and approval" of the agency's director. The government, through means of court documents, forced her to visit a religiously affiliated crisis pregnancy center where they tried to talk her into following through with her pregnancy. After an appeals court ruled in her favor, the teenager left the federally– funded Texas shelter (where she had been kept under close watch) and terminated her pregnancy. The abortion ended the girl's individual court challenge and the case drew widespread attention, bringing up issues of abortion rights and illegal immigration. Texas attorney General Ken Paxton said that he and ... Get more on HelpWriting.net ...
  • 15.
  • 16. Casework In A Congressional Office The United States Congress is the supreme lawmaking body in the United States and one of the national legislatures in the world. Congress continues to be one of the few national assemblies that research and drafts their own lawmaking rather than simply voting on bills created by the government in power. Members of Congress use their office to benefit the nation versus district/state by conveying power and influence. A Caucus System is a meeting of many party members in any part of society or members of a legislative body for the purpose of debating and encouraging the matters of their certain political party. There are uncommon Constituency types of Caucus systems such as, national, regional, state/district, and industry. National Caucuses ... Show more content on Helpwriting.net ... "Casework in a congressional office refers to the response or services that Members of Congress provide to constituents who request assistance" ("Caseworking"). Examples of caseworking can be some of the following: female genital mutilation, political asylum, and international adoptions. The World Health Organization has condemned female genital mutilation. Only a few people pass on from any blood loss or infection. Whoever survives, suffers higher maternal and infant humanity in childbirth. Political asylum is decided by immigration judges to people who can set up a logical fear of discrimination if returned to their nation of origin. The asylum will not be established if the applicant is found to have mistreated others. However, international adoptions are sternly regulated to stay away from trafficking in children and force on birth mothers in poverty–stricken countries to give up their children. Casework takes a lot of time and energy. Since Congress does not have all the time in the world, it must be more general in its legislation. Pork barreling is a government appropriation, bill, or policy that stores funds for different projects that are designed to get in with legislators with their constituents. In other words, the candidate attempts to benefit his/her fundamental in order to continue their support and vote. Pork barrel spending occurs when members of Congress spend government money on types of projects intended to benefit their home districts. Certain examples of pork barreling are Federal appropriation bills for dams, river and harbor developments, as well as legislation intended to put off closure of out of date or unnecessary military installations and prisons. The members of Congress use caseworking to benefit the nation because it raises the reflectivity of members in their home state, district, or ... Get more on HelpWriting.net ...
  • 17.
  • 18. Huffington V. Tc Group, Llc, 637 F. 3d 18 Case: – Huffington v. TC GROUP, LLC, 637 F. 3d 18 – Court of Appeals, 1st Circuit 2011 This case takes place in the Supreme Court of Delaware. It is a civil case that has been appealed by the plaintiff following a trial court decision. The Supreme Court agreed with the entire of trial's court decision but denied part of the Defendants' application. The case was decided in April 18, 2012. Issue: Should the Court rule as time–barred the Plaintiff's claims which he makes under the Massachusetts 'Blue Sky' securities fraud statute and as lacking as a matter of law the Plaintiff's claim on the Defendants' unfair trade practices? Facts: the Plaintiff, Micheal Huffington, is a former Congressman and a good investment experience. He describes himself as a conservative investor. On July 4, 2006, he learned of Carlyle and was introduced to its "founder, principal, and managing agent," David Rubenstein with whom he discussed Carlyles' investments. The latter described Carlyle as a firm that invests in "private–equity." Being as a conservative investor, Huffington initially expressed his reservations about investing in private equity–based funds." Rubenstein assured him that he would look for low risk investment products that would fit in with Huffington's conservative philosophy. On October 20, 2006, in another meeting between the two, Rubenstein returned with the news that Carlyle had "conservative investment strategy" with low risk investment. He went on to present ... Get more on HelpWriting.net ...
  • 19.
  • 20. Gerrymandering In The American Political System There are obvious flaws in the American political system. However, gerrymandering, which has been undermining American democracy since the nation's birth, has remained widely unknown. Gerrymandering, which occurs across the United States, is used by Democrats and Republicans to maximize the number of congressional seats they capture. Every ten years, the government conducts a census. Following the census, state legislatures redraw congressional districts to reflect population changes. However, state legislatures are often controlled by a single political party that unfairly redraws congressional districts in order to win more seats in the House of Representatives (Ingraham). Politicians concentrate the voting strength of the opposition ... Show more content on Helpwriting.net ... In 1842, Congress passed the Apportionment Act, which required congressional districts to be compact and equal in population ("Apportionment Legislation 1840 – 1880"). Although the law made an initial effort to curb gerrymandering, it failed to adequately define "compact." Over a century later, in the 1962 court case Baker v. Carr, the Supreme Court ruled that congressional districts must have reasonable boundaries. The court further deemed redistricting issues to be justiciable, enabling federal courts to decide gerrymandering cases ("Baker v. Carr"). It wasn't until the 1985 Davis v. Bandemer case that the Supreme Court ruled that manipulating district boundaries for political gains is unconstitutional ("Davis v. Bandemer"). However, the Supreme Court left unanswered one pivotal question: What are the standards for identifying and litigating a gerrymander? (Hess, 209). Although it is illegal, without a clear national standard for addressing gerrymandering, state legislatures get away with it in federal courts by exploiting the legal ambiguity surrounding the practice. Therefore, taking the power to redistrict away from state legislatures in the first place is the most viable ... Get more on HelpWriting.net ...
  • 21.
  • 22. Federal District Court History A Brief History of the Creation of the Federal District Courts of Ohio Roberta Alexander, author of a comprehensive history of the United States District Court for the Southern District of Ohio, described the role of the district courts this way: The district courts have evolved from local tribunals dealing with minor infractions and land disputes into courts of tremendous significance dealing with essentially every major issue confronting society: equal rights and equal opportunities in the political and economic arenas; the scope of individual rights under the Constitution, including free speech, the free exercise of religion, and the rights of privacy; the enforcement of federal laws, ranging from environmental regulations to conflicts ... Show more content on Helpwriting.net ... The judge was required to be a resident of the district and was to hold three sessions annually in Chillicothe, which Congress had previously designated as the seat of state government. As then– current congressional practice did not include passage of a resolution of statehood for new states, Congress did not formally admit Ohio as the seventeenth state. It was not until 1953 that President Eisenhower signed a congressional joint resolution officially declaring March 1, 1803 – the date on which the Ohio General Assembly first convened – as the date of Ohio's admission into the ... Get more on HelpWriting.net ...
  • 23.
  • 24. The Three Levels Of The Federal Court System In the United States Government, there are three levels of the federal court system: District courts, Courts of Appeal, and the Supreme Court. District courts were created after the Judiciary Act of 1789, and consist of federal trial courts that do not cross state lines. They can use original jurisdiction on some cases if they involve a federal government as a party, present a federal based question, or involve civil suits with citizens. The United States attorney, who is nominated by the President and confirmed by the Senate, is the district's chief law enforcement officer. Courts of Appeals was established in 1789 to hear appeals from federal district courts. They are overseen by the chief judge, who serves 7 years, and each court can range from 11–30 judges, depending on the workload and complexity of cases. These courts appeal cases by the losing party that have already been heard and decided in a federal district court. They have no original jurisdiction, but instead use appellate jurisdiction over appeals from criminal cases, and from administrative agencies. The Supreme Court reviews cases at the center of highly controversial issues that the political process has yet to resolve successfully. These cases may include cases from the United States Courts of Appeals, state Supreme Courts, and act as a final decision. The judges within the Supreme Court are highly regarded, and one must meet specific requirements to become one. To become a Supreme Court Judge, the ... Get more on HelpWriting.net ...
  • 25.
  • 26. Voting Rights Act of 1965 Essay The history of "gerrymandering" started during the term of Elbridge Gerry, the Governor of Massachusetts, when he approved an obscure redistricting plan ahead of the 1812 elections that helped Republicans hold on to power in the legislature. One of the redistricted districts that primarily consisted of a one party defendant was shaped as a salamander, which later gave rise to this political term (Keck, 2010). The term relates to the drawing of the boundaries of electoral districts in a way that gives one party an unfair advantage over its rivals, which gives rise to the disproportionate representation of Democratic and Republican parties (Encyclopedia Britannica, 2013). Historically, both parties have used this form of redistricting to ... Show more content on Helpwriting.net ... The Supreme Court reversed the ruling and held that bipartisan gerrymanders are constitutionally acceptable. In Davis v. Bandemer (1986), the Supreme Court held that partisan gerrymandering violated the Equal Protection Clause, but the court couldn't agree on the appropriate constitutional standard against which legality claims of partisan gerrymandering should and should not be evaluated. Justice White said that partisan gerrymandering occurred when a redistricting was enacted with the both the intent and the effect of discriminating against an identifiable political group. Justices Powell and Stevens said that partisan gerrymandering should be based on multiple factors, such as electoral district shape, adherence to local government boundaries. Justices O'Connor, Burger, and Rehnquist disagreed and held that such claims should be dismissed (Issacharoff, Karlan, & Pildes, pp. 777– 779). Gerrymandering is often compared to redistricting which is supposed to achieve equality in districts' voting power, so called "one person, one vote" requirement. In the U.S. redistricting happens every 10 years to account for changes in population, so "the votes will be worth the same amount" (The James Irvine Foundation ). Gerrymandering is based on the wasting or weakening of votes of what is usually the minority ... Get more on HelpWriting.net ...
  • 27.
  • 28. American Courts And Substantive Law What have we learned about American courts and substantive law? We have learned that there are many parts of the American courts. Each court has its own responsibility, in this paper I will specify all of the responsibilities and the courts, state and federal, I will also identify the difference between them for better understanding. Furthermore I will continue to go into detail and state what I have learned about American courts and substantive law. There are four main federal courts in America; The United states Supreme Court, which are the highest courts there is, the United States court of Appeals, the United States District courts and the Special courts. Each court has its own responsibilities and own significant court inside of ... Show more content on Helpwriting.net ... (source) The Supreme Court as we all know and have learned is the highest of authority. Each court has a certain amount of judges or justices sitting on the bench and the Supreme Courts of America each have nine justices sitting on the bench. What is a justice? A justice is specified as a magistrate or judge for the Supreme Court. Federal judges are appointed for life under article III of the constitution so that they wont be afraid to make their unpopular decision. They are guaranteed life tenure so it is not reduced. https://ballotpedia.org/Federal_judge The Supreme Court specializes in hearing civil and criminal cases, although lower courts hear most cases first unless the crime is significant then the case will be sent to the higher courts of the State for criminal procedure. There is a framework of laws and rules that govern the administration of justices in cases involving an individual or individuals who have been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal or by the imposition of a term of punishment pursuant to a conviction for the crime, this is known as criminal procedure. Decisions rendered by the Supreme Court are not appealable; decisions are a signed opinion by the justices. ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Federal Court System To properly discuss the history of the Federal Court System in America one must first describe the functions and responsibilities of the court system. As with anything complex, it starts first from humble beginnings, and constant adaptations, and in the end you get your final product. This complexity that is going to be described and explained just so happens to be the American Federal Court System, this will cover the history, growth and development, as well as the current status of this intricate system. The Supreme Court is the highest court in the federal system, currently the Supreme Court has nine Justices who hold meetings in Washington, D.C. There are ninety–four district level trial courts and thirteen courts of appeals that sit below the Supreme Court. Most importantly Article III of the United States Constitution placed the actual judicial power to the Supreme Court. In the beginning, the Judiciary Act of 1789 made it possible for the Supreme Court to be developed, the act also appointed a Chief Justice and five other associate justices. Over the next eighty years or so, changes were constantly made to the Federal Court system; due to the Judiciary Act of 1801, the number of justices were reduced to five which also would include the Chief Justice. From 1802 up until 1863, four more justices were authorized but, in 1837 the number of justices were reduced from a total of ten to seven. Finally, in April of 1869 the size of the Supreme Court was raised one final ... Get more on HelpWriting.net ...
  • 31.
  • 32. The Three Tiers Of The Federal Court System The three tiers of the American federal court system consists of the Supreme Court, District courts which are also referred to trial courts, Circuit Courts of Appeals, and the Supreme Court. The Supreme Court, which is often referred to as the Court of last resort," is the highest court within our court system. Only an original ruling by the Supreme Court can change a pre–existing one. They have the authority to decide appeals on all cases taken to federal court or those that have been brought to a state court that handles federal law. Once one of the circuit courts have made a decision on a case, all parties involved in the case can choose to appeal their case to the US Supreme Court. The Supreme Court can decide whether or not to hear a case as where the circuit courts can not . The parties involved in the case are required to petition the court. If the petition is granted, the circuit courts will take briefings and hear arguments. If the petition is not granted, the lower court's judgment stands. The Supreme Court has original jurisdiction in a case. The Supreme Court oversees many types of cases such as most cases involving federal laws or regulations, international and interstate commerce, and cases involving commodaties and securities, to name a few. Where a case was filed depends on the avennue it would take in order to reach the Supreme Court. A Case can start in either the Superior Court or District Court. Cases wouls start in the district court if they involve ... Get more on HelpWriting.net ...
  • 33.
  • 34. The Redistricting And Reappointment Process To know rather state legislatures should continue to have responsibility of the redistricting and reappointment process, we must first know how and what it means to redistrict and reappoint. Well, Redistricting and Gerrymandering they are basically the same. Gerrymandering is simply attempting to find a political advantage in redistricting. Also it is very often the case that redistricting is sought for political advantage. This takes place by constitution at least every decade in most typical democractic systems using similar electoral systems to prevent the unsuitable distributing of representatives to a legislative body. But there is an alteration among redistricting and reapportionment. "Redistricting refers to the actual or ... Show more content on Helpwriting.net ... Redistricting can be used to favor certain parties; for example, districts can be drawn to include areas with larger numbers of Democrats or Republicans, as long as the population numbers remain consistent. "Even when the population is divided equally, drawing the lines one way can reward Democrats and punish Republicans. But, some line drawing can protect incumbents, they will face a potent challenger, either from their own party or the opposite party. Consequently, redistricting has a direct bearing on what matters a legislature chooses to tackle, and which to ignore" (Brennen). The People should understand how their district is drawn and whether they will have a fair chance to elect a candidate of their choice. A good redistricting process would benefit the public and help secure a significant representation. Rather than gathering the lawful obligation that all votes must count equally. Many states consider drawing their districts because of cultural, geographic, social, economic, and racial concerns. This is far deeper than a Democrat or Republican. A decent redistricting method allows societies to give input and ask questions. This involvement is vital, because it makes the communities classy districts. Nearly every other democracy in the world utilize their districts to elect their legislatures. While not ... Get more on HelpWriting.net ...
  • 35.
  • 36. HIV/AIDS Virus V. Ryan White Ryan White became a national figure for the HIV/AIDS virus. He was born in December 6, 1971 and died in April 8, 1990. He lived in Kokomo, Indiana. Unfortunately his life was taken by the AIDS virus when he was only 18 years old. Throughout his life he struggled with hemophilia, AIDS, as well is many human violations stemming from ignorance about AIDS. He contracted AIDS from an infected transfusion in December of 1984. At the time AIDS was not very well understood by the public and as a result he suffered persecution, out of pure ignorance. This lead him a life of AIDS advocacy as well as a lawsuit to earn his right to go to school. When he was three days old his doctor diagnosed him with severe type A Hemophilia after a circumcision ... Show more content on Helpwriting.net ... Not only did an innocent child loose his life, but also he persecuted for his illness. His entire community had a false per–conceived notion that they could all get infecting by being around him. He had to spend some of his his dieing years around people that hated him. Ryan along with many other people contracted AIDS from the tainted batches of plasma factors. His story is not all bad, in fact, he his AIDS advocacy was a very good thing. Ryan was featured on many news networks such as CNN, NBC,ABC and CBS, he also makes appearances on shows like Ted Koppel and Sally Jessie Raphael. Ryan's story was also plastered on magazines like Time and Junior Scholastic. He attracted celebrity support like Elton John and Micheal Jackson. Ryan's message helped inform and make the entire world aware of HIV/AIDS. Five days before Ryan's death, the President of the United States, George H.W. Bush planted a White House elm tree in Indianapolis to commemorate Ryan. Ryan did not die in vein, he changed the ... Get more on HelpWriting.net ...
  • 37.
  • 38. Essay on Congressman Steve Cohen As the current representative of the 9th district of Tennessee, Democratic Congressman Steve Cohen has emerged as a tactful candidate with goals in mind to help better the lives of his constituents through his representative style and his home–style. Theory I: Redistricting, Gerrymandering, and Candidate Emergence A congressional district is an electoral division of a state, electing and entitled to send one member to the United State House of Representatives. Districting is the initial set district, whereas redistricting is the process of drawing district boundaries after the decennial census and new population changes. Redistricting is a political process that affects the fortunes of incumbent House members, state legislators, ... Show more content on Helpwriting.net ... Since then, gerrymandering has been used to gain partisan advantage and to shape the political projections of politicians and racial and ethnic groups. The two most common gerrymandering techniques include packing and cracking, disappointingly both waste valuable votes in doing so. Packing has both an offensive and defensive strategy. Offensively, packing is to fill a district with many voters of one type to create a safe seat; typically used in partisan gerrymandering. Defensively, packing is to compress voters of one type into as few districts as possible to dilute their influence elsewhere. However, cracking is to spread as many voters of one type into as many districts as possible to dilute their influence; typically used in racial gerrymandering. Partisan and Racial gerrymandering are two common forms of gerrymandering. Partisan gerrymandering is the manipulation of districts to increase members of a specific party by drawing district lines on the basis of party identification. Racial gerrymandering is drawing district lines on the basis of race; possibly leading to a majority–minority district. After the ratification of the Fifteenth Amendment granting former slaves the right to vote, many southern states implemented a variety of methods to prevent the adoption of the new law. The Voting Rights Act (VRA) of 1965 was the solution to the unfair methods implemented. It removed the ... Get more on HelpWriting.net ...
  • 39.
  • 40. Redistricting In The United States Voters Voters should care about redistricting because it highly concerns them. The city that they are living in could become divided or family members could be in different districts. I believe that there is a problem with our current system on redistricting mainly because us people don't have a say in it. I think if we got to see what our state legislators were wanting to do in the future, then we would be able to have a say in it. One of the main negative effects of political redistricting is gerrymandering. Being able to just change the districts to keep or change the political power is unfair. They can do this to just be able to win the vote in the end. One positive aspect is all the voters are fairly representative, meaning they all feel like their vote will count (unless gerrymandering is happening). On Ballotpedia on Indiana, we have 9 representatives and 150 state legislators and the state legislators do the redistricting. One reform that is going around the United States is the Electoral system and wanting to change it. I personally do not believe in changing the Electoral College because it's something we have been using for over 200 years now, and it works. I also believe that the Electoral College is a fair way for elections to happen and it highly relies on our votes. Ranked Choice Voting (RCV) is when voters rank the following election candidates in their favorable order and decide then who is their best pick. Winner take all is exactly what it means, the winner takes it all in the election. I do not think it is in the public interest for my state to use a commission or a board for redistricting because it comes down to what political party controls the board. For example, if you have a board of 10 people ... Show more content on Helpwriting.net ... "Federal court strikes down Texas congressional districts." USA Today, 15 Aug. 20ADAD, www.usatoday.com/story/news/nation–now/2017/08/15/federal–court–strikes–down–texas– congressional–districts/571309001/. Accessed 20 Sept. ... Get more on HelpWriting.net ...
  • 41.
  • 42. Personal Knowledge Of Real Life Cases And Critical... Varying Aspects and Personal Knowledge of Real Life Cases and Critical Thinking Involving Key Aspects of Cases Presented. The Criminal Justice system has evolved heavily through the time where Criminal Justice was first introduced to the United States. Jurisdiction is the official power to make legal decisions and judgments. It is the extent of the power, a system of law courts, a judicature. In March 1864, Smiley is indicted in the U.S. Circuit Court, charged with "plundering". Jan 25th, 2011, Jacob Lee Loughner is charged with murder, in the U.S. District Court. Sunken Treasure: United States v. Smiley July 21st, 1862, the Golden Gate left San Francisco for Panama. On board was a secret "treasure" amounting to $1,450,000. Three miles a half away from the Mexican Shore a fire broke, and went into pieces just 250 ft. away. $1,200,000 were recovered in a port by Smiley and his associates, which he gained license from Mexico to retrieve. Shippers and Smiley both disagreed about how the share of the recovered treasure should be split. After distributed evenly, things remained calm, but later on, March 1864, in the U.S. Circuit Court, Smiley was indicted for plundering and stealing the treasure from the Golden Gate. Mr. Justice Field, the judge of the court, was not prepared to decide that the statue does not apply to a case where the vessel has gone to pieces, to which the goods belonged of which larceny is alleged. Stated in Scott (1906) "that if any person . . . shall ... Get more on HelpWriting.net ...
  • 43.
  • 44. Redistricting Essay If I were to choose an improvement to make an American political institution better, I would choose to improve the process of redistricting. I would change redistricting in a way that would make it fairer such as getting someone who is not in either major party to draw the lines for new districts after every census instead of someone from the current party in power. According to the National Conference of State Legislatures, (NCSL), redistricting is "the process of redrawing state legislative and congressional district boundaries every 10 years following the decennial United Census." (Redistricting) Basically redistricting is the election of state legislators, Congress members, and many country and municipal offices who are grouped into districts ... Show more content on Helpwriting.net ... Proportional representation is an electoral system where parties will earn congressional seats in proportion to how many votes people cast for them. This would be an extreme opposite to the result of gerrymandering. People would then feel the need to vote because they know that their vote will actually go towards something. If 25% of the voters supported a certain party, that party would then get about 25% of congressional seats. Proportional representation is a way that could help fix the unfairness of the plurality system. The plurality system allows for larger parties to get an unfair amount of congressional seats whereas smaller parties do not have this advantage and also have a huge difficulty in winning any representation at all, also known as Duverger's law. This would be a great way to prevent gerrymandering which helps with the redistricting issue majorly. Proportional representation could be brought in without a constitutional amendment in some cases, but the system born from this would not work well unless the powers of the Governor General were made clear. What would require a constitutional amendment would be a change to the powers of the Governor General. If it were simple enough to not require a constitutional amendment, I feel as if this would be an excellent idea and help solve many problems and unhappy people with our current ... Get more on HelpWriting.net ...
  • 45.
  • 46. Ideologies And Political Parties Of North Carolina... Ideologies and Political Parties of North Carolina Representatives North Carolina holds thirteen seats in the house of representatives along with the two senate seats given to every state. As a state, North Carolina has elected representatives identifying primarily as republicans, with few democrats in Congress, a common distribution in states today with a Conservative Republican President and Republican–Majority Congress. In the House of Representatives, George Butterfield, George Holding, Walter Jones, David Price, Virginia Foxx, Mark Walker, David Rouzer, Richard Hudson, Robert Pittenger, Patrick McHenry, Mark Meadow, Alma Adams, and Ted Budd represent each of the thirteen districts of the state respectively. North Carolina's elected ... Show more content on Helpwriting.net ... Jones is a Liberal Republican, gaining support from both Democrats and Republicans in the House of Representatives through his efforts for reforming education, leveling trade, and increasing retirement security. Jones has created a variety of bills that have been signed into law and serves as a senior member of the Armed Services Committee. David Price, Democrat, Liberal, and Environmentalist, is the representative for the fourth congressional district. Price worked as a professor at Duke University before being elected to Congress in 1987. Price has written four books on the United States political system and is very outspoken on his belief on major issues including education, health care, the environment, transportation, and homeland security. Price has worked towards addressing these challenges by leading many of the fights towards improving matters in the government and country. Virginia Foxx is the representative of the fifth district in North Carolina, responsible for the people of Winston–Salem, among the other towns in the district. Foxx is a Conservative Republican, leading movements to reduce federal government spending, increase government accountability, and is known as one of the most conservative members of the North Carolina representatives. Foxx uses her movements to spread her beliefs and serves as the Chairwoman of the House Committee on Education and the Workforce, as stated on her congresswoman webpage. Mark Walker is the ... Get more on HelpWriting.net ...
  • 47.
  • 48. Columbia Constitution Section 2 Section 1 The District of Columbia will terminate its status as a mere federal district and instead be granted full statehood. The title of Washington D.C. will be terminated as well and instead the state will be appointed with the official title of New Columbia. Section 2 2. New Columbia is to be bestowed with proper representation in the legislative branch relative to the states current population. Columbia will receive two senators in the Senate as every state does and in accordance with its population size calculated by the U.S. census; Columbia will receive a total of two representatives in the House of Representatives. The acquisition of this adequate representation will ... Show more content on Helpwriting.net ... An amendment that would grant the District of Columbia statehood is absolutely necessary and should be ratified as soon as the amendment process would allow. The amendment is a necessity because it will address a multitude of problems that affect citizens of Washington D.C. due to its unique legal status as a district. The three most prominent issues that citizens of Washington feel need to be resolved are financial planning in the district, representation in Congress, and lawmaking. Before one can fully back and support the movement for this amendment, they must first observe the characteristics of Washington D.C. that make it a viable candidate for statehood. The first impressive statistic regarding Washington D.C. is its population size; in 2016 the district had a population of 681,170 people. This large amount of residents would make Washington D.C. eligible for representation in the House of Representatives, which is an impressive feat. Washington D.C. has also managed to amass a booming economy in addition to its large population. In 2011 the District of Columbia possessed an unemployment rate of 5.9%, a percentage that was 3.1 points lower than the national average of 9% (ncsl.org). Another impressive statistic from 2011 was the fact that Washington D.C. accounted for 6% of the United State's overall job despite the fact that at the time it only contributed for about 2% of the country's overall ... Get more on HelpWriting.net ...
  • 49.
  • 50. Essay on Do Not Call List Abstract For years companies from all areas of commerce were allowed to call anyone they thought might be a candidate for their product without repercussions. A court order on Feb, 17th 2004 upheld an order to allow the general public to be listed on a do not call list. Businesses will now be held responsible if they contact someone on this list without their permission. The question is did the court make the right decision. We may not agree on much in this country, but one thing most of us can agree on is that telemarketing is a big nuisance. In fact one survey done by Walker Research in 1990 showed that 70 percent of Americans considered telemarketing an invasion of their privacy. In ... Show more content on Helpwriting.net ... Yet, forcing someone to listen to me speak my mind does impose a cost. This is the heart of the matter, which many people fail to understand: The right of free speech does not include the right to an audience. You have to earn an audience, which must be given of their own will. If not then the company is violating one of the most basic rights we have and that is the right to simply be left alone. As stated by the 10th U.s. Circuit Court of Appeals in The Associated Press (Feb. 14, 2004) "Just as a consumer can avoid door–to–door peddlers by placing a 'No Solicitation' sign in his or her front yard, the do–not–call registry lets consumers avoid unwanted sales pitches that invade the home via telephone". Telemarketing businesses disagree with this point of view of course. They view their work as simply another way and means of advertising. The Direct Marketing Association fought the ruling in Sept. of 2003 and won with the court stating that the original law was imposing on their right to freedom of speech. They stated that the phone lines were owned by the phone companies and not the consumer which for the most part was true. Companies such as SBC and AT&T had built most of them yet the phones at the ends of these lines are owned by the general consumer. This is where the customer's argument comes back into the light. With the phone being theirs they strongly believed that they should have the right stop inbound ... Get more on HelpWriting.net ...
  • 51.
  • 52. Difference Between A Binding Precedent And A Persuasive... 2. Explain the difference between a binding precedent and a persuasive precedent? Within the United States, the judicial system follows the principle of stare decisis. Whereas, courts should abide by the precedents established by superior courts" (Berman, Bowman, West, & Van Wart, 2016, p. 56). The apex of the judicial system, within the United States, is the Supreme Court followed by the 12 federal circuit courts and the 90 federal district courts providing the base of the federal judicial system. States follow a similar pyramid structure (Berman et al., 2016, p. 56). The principle of stare decisis is generally followed by the levels of the judicial system. Court's opinions may be based on either binding or persuasive precedents. An opinion is considered a binding or controlling precedent if it has been written by a court in a higher position within the pyramid structure. Therefore, a precedent written by a federal circuit court should be abided by the federal district court directly below it on the pyramid but not by the Supreme Court which is located above it on the pyramid. However, a court may treat the opinion as a persuasive precedent in which they "choose to embrace a well–reasoned, nonbinding opinion" (Berman et al., 2016, p. 56). Therefore, the judge or judges may view the opinion as having no precedent over the case and are non–binding but provides consideration and guidance for the current case. 3. What is the Hatch Act? It was not uncommon during the 1800s for ... Get more on HelpWriting.net ...
  • 53.
  • 54. Florida's 26th Congressional District The United States Congress appropriated electoral power to Florida's 26th Congressional District as of January 2013 as a response to the 2010 Census. The first winner of the electoral district, Joe Garcia (Democrat), was appointed the 113th Congressman on January 2, 2013. Following his two– year term in office, Carlos Curbelo (Republican), now holds the position as the 114th Congressman for the 26th District. Effective November 2014, Carlos Curbelo was elected by the people of Florida's 26th Congressional District to represent them. The 26th Congressional District is located South Bound of Florida's Capitol, Tallahassee. The 26th District encompasses all of Monroe County and the south–west region of Miami–Dade County. These ... Show more content on Helpwriting.net ... This experience of addressing the needs of the fourth largest public school system in the country has provided me unique insights into the challenges faced by schools at the K–12 level, including those of English learners" 9, Energy and Environment – "Florida's 26th Congressional District is home to some of our country's greatest natural treasures, including the Everglades and Biscayne National Parks and the Florida Keys National Marine Sanctuary" 10, Foreign Affairs – "I have the utmost respect for the men and women who wear our nation's uniform and work every day to secure the freedoms and liberties we as Americans are privileged to enjoy. Our Congressional District is honored to be home to both the U.S. Coast Guard Sector Key West and Naval Air Station Key West, along with hundreds of service members who reside in South Florida" 11, Health Care – "I believe that all Americans strive for and deserve a healthcare system that is both affordable and efficient. The dramatically increasing cost of healthcare, troubling classification standards for employer provided plans, and importance of medical research are a few of my top priorities. Ultimately, affordable healthcare must be accessible to every hard–working American family. I will continue to work to ensure that our nation's healthcare system is serving the best interests of the American people" 12, Transportation – "The need for dedicated, long–term funding for transportation and infrastructure projects is vital to alleviating the congestion problems that plague South Florida" 13, Veterans –"Our nation owes its military veterans a debt of gratitude for their service and sacrifices. Each took an oath, lived by a code, and stood ready to offer themselves in defense of their country. The lives we live today, and the freedoms we enjoy, have been preserved by their protection. Too many of these noble service ... Get more on HelpWriting.net ...
  • 55.
  • 56. Effective Treatment Of A Rehabilitation Facility earning of her partner's accident, Karen rushed to the hospital to discover Sharon's fate. There, medical staff rebuffed her entreaties for information pursuant to hospital regulations providing that only designated "family" members could receive information about patients.3 Because she was not a "family" member, Karen was prevented from knowing whether her beloved partner was living or dying.4 Prejudice continued from an unlikely quarter. Preceding the accident, relations between Karen and her partner's parents had been cordial. Afterwards, however, hostility soon developed because of Karen's devotion to her partner. Sharon's family members became increasingly suspicious and resentful of Karen's frequent hospital visits. Based on ... Show more content on Helpwriting.net ... In each of the ensuing lawsuits, Karen battled with Sharon's parents, Donald and Della Kowalski, about Sharon's guardianship. In the first case,5 Karen argued that she was best suited to serve as guardian based on her intimate relationship as well as Sharon's preference. Donald Kowalski, relying on his biological relationship to his daughter, countered that his "unconditional parental love" supported his appointment.6 Sharon's physicians and nurses closed ranks, denying Karen access to Sharon's medical records and supporting Mr. Kowalski's petition.7 The trial court was swayed by Mr. Kowalski's arguments. Influenced by a formalistic definition of "family," the court confirmed Mr. Kowalski as guardian and gave him power to determine Sharon's visitors. The Minnesota Court of 3. KAREN THOMPSON & JULIE ANDREZEJEWSKI, WHY CAN'T SHARON KOWALSKI COME HOME? 4 (1988). 4. CASEY CHARLES, THE SHARON KOWALSKI CASE: LESBIAN AND GAY RIGHTS ON TRIAL 16 (2003). 5. The trial court proceedings are summarized in In re Guardianship of Kowalski (Kowalski I), 382 N.W.2d 861, 863 (Minn. Ct. App. 1986), cert. denied, 475 U.S. 1085 (1986). 6. Id. at 865. 7. Id. at 864.WEISBERG FINAL TO PRINT 10.28 (DO NOT DELETE) 10/31/2013 11:15 AM Winter 2014] KAREN'S UNWITTING ROLE IN MARRIAGE EQUALITY 5 Appeals affirmed.8 Sharon's father celebrated by
  • 57. ... Get more on HelpWriting.net ...
  • 58.
  • 59. The Discovery Dispute And Its Effect On The Status As A... For the reasons stated in Part II(A), supra, Avpro enters this discovery dispute with a distinct advantage due to its status as a non–party. Independent of its status as a non–party, the electronic discovery that 50NL seeks from Avpro would otherwise be undiscoverable because Avpro's need for the discovery does not outweigh the burden and cost of locating, retrieving, and producing the information. Md. Rule 2–402(b)(2). Moreover, the fact that 50NL's need for the requested discovery is de minimis, the burden and costs imposed on Avpro are exorbitant, all in conjunction with the fact that Avpro is a non–party to the underlying litigation, all indicate that this Court should deny 50NL's motion to compel. Unfortunately, while Md. Rule ... Show more content on Helpwriting.net ... Rule 2–402(b) as cited in the committee's meeting minutes on October 12, 2006. Maryland Court of Appeals Standing Committee on Rules of Practice and Procedure, October 13, 2006 Meeting Minutes *69, available at http://mdlaw.cloudapp.net/awweb/main.jsp? flag=browse&smd=1&awdid=3. As such, Respondents respectfully submit that this Court should look to the factors articulated in Zubulake to inform its understanding of the terms "undue burden," "undue cost." and "need for discovery" as those terms are used in Md. Rule 2–402(b)(2). In the instant matter, virtually all of the Zubulake factors weigh in favor of denying 50NL's motion to compel, and those that do not, certainly do not weigh in favor of granting the motion. First, both of the respective requests ask for all written communications between Greg Noval and Avpro spanning a period of nine months. Granted, the requests purport to limit its scope to communications involving aircraft. Lest we not forget, however, that Avpro is an aircraft broker, and as such, this purported limitation rings hollow. Indeed, perhaps every incoming or outgoing communication sent from or received by Avpro relates to an aircraft in some way or another. As such, the incredibly broad scope of the discovery request at issue militates in favor of denying 50NL's motion to compel. Moreover, in this matter, not only is all the information that Avpro seeks readily ... Get more on HelpWriting.net ...
  • 60.
  • 61. De Centralization Of Electronic Discovery De–centralization of electronic discovery Eric W. Landry American Public University Dr. Deborah Moerland August 2, 2014 Abstract In 1995 and 1996 the judicial systems around the world realized that there was a problem with computer–based discovery and enacted civil procedures and guidance to assist legal entities. Summarizing Michael Curran, Esq. (2011) even with these civil procedures, guidance and laws in place, there are still several challenges in the legal systems when it comes to discovery of Electronically Stored Information when dealing with international e–discovery (Curran, 2011). This information may be protected under different data protection laws that can inhibit the e–discovery process during litigation, civil, and ... Show more content on Helpwriting.net ... RESEARCH QUESTIONS 5 IV. SIGNIFICANCE OF THE STUDY 5 V. THEORETICAL FRAMEWORK 5 VI. LIMITATIONS 6 II LITERATURE REVIEW 6 I. INTRODUCTION 6 II. HISTORICAL BACKGROUND 6 III. LAW AND REGULATION ANALYSIS 7 I. SUMMARY 9 II. E–DISCOVERY TOOL ANALYSIS 10 III. SUMMARY 10 IV. CONCLUSION 10 III METHODOLOGY 11 IV SUMMARY AND CONCLUSION 11 I. SUMMARY OF RESEARCH AND RESULTS 11 II. CONCLUSION 11 III. RECOMMENDATIONS FOR NEW RESEARCH 11 I Introduction The de–centralization of electronic discovery (e–discovery) rules (laws) brings challenges when searching for evidence in Electronically Stored Information (ESI), both nationally and internationally. If a litigation case covers more than one jurisdiction a lawyer will need to be hired that knows each particular jurisdiction. The reason that a lawyer familiar with that particular United States (US) district court, from herein referred to as districts; will need to be hired, is due to the
  • 62. differences in the local rules throughout the districts. To summarize David Canfield (2012), several states have adopted new civil procedures since the 2006 Amendments that may be incorporated in the Federal rules for future amendments (Canfield, 2012, p.p. 1–2). "District judges play an active role in tailoring e–discovery needs to individual cases" (Allman, T., 2013) and the local adoption of federal rules cause inconsistent rules throughout the country is the cause of these differences" (Allman, T., 2013). Regulations that ... Get more on HelpWriting.net ...
  • 63.
  • 64. King County Court Case Analysis The purpose of this memo is to summarize, analyze and reflect upon my visit to the King County Courthouse, West Division on February 10, 2017. On Friday, February 10th, 2017 I visited the King County Courthouse in Seattle to fulfill the requirements of the Visit to the Court Assignment. During my visit, I observed the court proceedings for two hours. Also, during this time I got familiar with the courthouse and observed three separate cases. Each case presented a different issue for the judge and resulted in different judgements. The first case I observed being heard before the court was a criminal case. In this case, there was no jury present and very few spectators. The case was already in the sentencing stage, meaning the judge was ready to give their verdict to the present parties. The defendant was being charged with possession of a stolen vehicle. The plaintiff was the ... Show more content on Helpwriting.net ... The parties in this case were a divorce couple. The wife was appealing the ruling of the commissioner and was requesting a revision to their divorce agreement. She stated that her husband had not reported additional income and she should be awarded additional child support. She stated her current financial situation, she was working on her bachelor's degree and couldn't handle paying for that and financially provide for her family as well. She also had an interpreter present to aide in her argument. Her argument was based on the commissioner's mistake to not account for her husband's additional income and therefore being awarded the incorrect amount of child support. She asked the judge to make this revision and consider the husband's additional income for the year. Meanwhile, the husband did not speak nor object to a revision. The judge only gave each party 10 minutes to speak and ultimately sided with the mother. The judge made the revision of increasing monthly child support by considering the husband's unreported ... Get more on HelpWriting.net ...
  • 65.
  • 66. Case Study : Hard Candy And Beauty Industries Case Brief 3.1: 1. Develop a chart showing the various companies involved along with the people and locations for doing business Hard Candy, a company operating in the fashion and beauty industries, challenges the use in commerce of certain trademarks by various businesses and individuals associated with Ciccone (Madonna). Guy Oseary has provided personal management services to Madonna Louise Ciccone. Company Business Location Hard Candy, LLC Florida Hard Candy Fitness California MGH Candy California New Evolution Ventures, LLC California 2. Explain when Madonna was in Florida and why her presence was not enough to allow jurisdiction A Florida federal judge on Monday shot down Madonna's objection to having to appear for a deposition in ... Show more content on Helpwriting.net ... HCF seeks cancellation of some of Hard Candy 's trademark registrations, in addition to damages and Hard Candy 's profits from the sale of the infringing products. It also asks for injunctions against future sale of the products, according to the countersuit. Hard Candy filed the suit against Madonna, HCF and related parties in October, saying Madonna 's products that she has sold since 2011 were causing the cosmetics company to suffer financial losses and trademark dilution, among other things. Hard Candy said it had been using the mark since 1995 when the company began selling nail polish. It registered that mark in 1996 and a year later registered another that covered other cosmetics such as mascara, lipstick, lip liner, according to the suit. Case Brief 4.2 1. Explain what the special master found about Pulte's behavior in the case. The Special Discovery Master also informed the trial court that the Simerlys ' counsel and Pulte 's counsel had provided conflicting statements relating to Pulte 's removal of discovery documents during a May 2009 document review at Pulte 's offices. At a subsequent hearing before the trial court, Simerlys ' counsel, Michael Carvalho, testified that he and an associate attorney, Christine Westberg, had a scheduled document review at Pulte 's offices in May 2009. Carvalho testified ... Get more on HelpWriting.net ...
  • 67.
  • 68. Reflection Of Interning In The Court In the first two weeks of interning at The District Court of Allahabad under Adv. R.P. Gupta I was asked to read order VI, VII, VII of the CPC, 1908 to understand the requirements of the Plaint, Pleading, Written Statement and Counter Claim. During the visits to the court I learnt that the court is divided according to its jurisdiction where cases coming from the village are dealt in Civil Judge East Court and the cases from the city are dealt in Civil Judge west court. Also there is a Parent Court where the cases are dealt irrespective of its jurisdiction. Further I learnt that a DJ is appointed as the head of the District Court along with him an ADJ is also appointed who has the supervisory power over the DJ. Also there are CJ (Jr. Div.) and CJ (Sr. Div.) based on the valuation of the money. During the hours in chamber I learnt about terms related to Property law and about the measures taken for tiger conservation and harmonizing the rights of tribal people living in and around tiger reserves. I also learnt about Stridhan and Paitrik Sampat, about Sec 125 CrPc, Sec 13(1)(i) Hindu Marrige Act and various other provisions from the cases I read about. In the last two weeks of my internship due to my supervisors involvement in the upcoming court elections I was taught to research for the cases in SCC and ADJ. I read various cases dealing with issues such as 'Operation Smile', 'Protection Of Women from Domestic Violence Act, 2005', 'Juvenile Justice (Care and Protection of Children) Act,2000', about Dowry Death, learnt the difference between Informant and Claimant and between Visitation Rights and Visitation Order and also about Dying in Harness Scheme. On the last day of my internship I was given a tour of the court where General Observation In the district court of Allahabad the District Judge has the administrative control over all Civil Courts within the limits of his jurisdiction. Hindi written in Devanagari Script is the language of the courts. The working hour of the court is from 10 am to 5 pm with a recess from 1:30 am to 2 pm. The sitting hours of the court are from 10:30 am to 4pm. A weekly list of cases fixed for hearing in the following week is prepared on the ... Get more on HelpWriting.net ...
  • 69.
  • 70. Essay on The Texas Judicial System The Texas Judicial System The Texas Judicial System The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution. The Texas Supreme Court and Texas Court of Appeals has a bifurcated appellate system at the highest level. Civil case appeals by the Texas Supreme Court, which also maintains the responsibility for licensing attorneys. For appeals on criminal cases those got to The Texas Court of Criminal Appeals. In times where the Death Penalty is in question cases are ... Show more content on Helpwriting.net ... There are 14 courts of appeal and two of them are located in Houston the 1st and 14th Courts, both having concurrent jurisdiction over the same counties cases are to be assigned on a random selection basis but may be moved in order to equalize the docket. Also the 6th and 12th courts in East Texas, appellate districts overlap in four counties Gregg, Rusk, Upshur, and Wood. The set up in the East Texas districts has been heavily criticized as being friendly to "forum shopping." The following the districts and cities they are located: 1st Houston, 2nd Fort Worth, 3rd Austin. 4th San Antonio, 5th Dallas, 6th Texarkana, 7th Amarillo, 8th El Paso, 9th Beaumont, 10th Waco, 11th Eastland, 12th Tyler, 13th Corpus Christi/Edinburgh, 14th Houston. The state trial courts of general jurisdiction are the district courts. The district court has exclusive jurisdiction on felony cases, as well as divorce cases, cases involving title to land, and election contest cases. It shares jurisdiction with the county courts, and in some case justice of the peace courts, for civil cases the lowest limit for hearing a case is a mere $200 in controversy, while in Justice of the Peace courts can hear cases up to $5,000. In a "catchall" provision it hears all cases in which jurisdiction is not placed in another trial court. ... Get more on HelpWriting.net ...
  • 71.
  • 72. Criminal Justice Court Observation I observed court operations at the Plantation Key Government Center in Tavernier, Florida twice: on October 7th and November 4th. I observed Chief Circuit Judge Carlos Garcia in courtroom A. The courthouse is located in the 16th Judicial Circuit of Florida and it's a state trial court with general jurisdiction. The first visit was cut short, in part because it was a lighter criminal day than planned, but also I was flabbergasted by the lack of professionalism that was present in the Florida Keys courtroom. I'm not sure if it's a "court in Paradise" problem, or something that is observed at other courtrooms, however, I'm disappointed in what I saw. Lack of professionalism was evident during both visits from the actors and their actions. On ... Show more content on Helpwriting.net ... They seemed laid back and like they were conversing amongst friends. I'm not requesting duels between the state and defense attorneys, but don't let the defense attorneys waste your time. It was clear that the State was fairly prepared, at least enough to move on from preliminary hearings into discovery, yet the state would grant continuances to February of 2015. I think it's great that it's not a hyper competitive environment, but business still needs to get done. I believe to a certain extent, they did defend their clients, I feel more zest could have been used, but my standard might be unrealistically high. Judge Garcia came into court, well prepared, he knew the cases better than the attorneys, and he was active. He had a very expressive face, and it was clear from his body language, at times he felt frustrated or disinterested. I feel it was more from, being a former Assistant State Attorney and the state not necessarily posing the best offense. I feel that many of the issues could have moved on to the next step in the criminal process. For the cases that were resolved there on the spot, Mr. Edwards was happy with his outcome Ms. Denum was upset, but not necessarily because of the outcome. During the first visit, we were still early into the class readings and I had a difficult time understanding what was occurring. By the second visit, I was able to understand more of what was going on. The courtroom observation was ... Get more on HelpWriting.net ...
  • 73.
  • 74. The Size Of The House Of Representatives In 1787, one of the most debated issues was the size of the House of Representatives. During the Constitutional Convention, the delegates proposed that 40,000 citizens should be represented by one congressional district. However, George Washington intervened and argued that 40,000 was too high, and reasoned that 30,000 was more reasonable and allow people to be represented adequately Washington's proposal was incorporated in Article One, Section Two of the Constitution which states "representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State." While the number of representatives did increase throughout the history of the United States, the number has been set at 435 members since 1929. Congress in 1929 passed the Permanent Apportionment Act that set the number of representatives at 435, which was set after a 1910 census. Currently each representative represents 700,000 citizens and congressional seats are redistricted around the nation based on population changes. But the currently number of representatives does not adequately represent the present population and a single district cannot represent a huge number of people. Therefore, the current number of representatives must be increased. After the Permanent Apportionment Act of 1929, congressional seats are move around the nation after each decennial census However, each state is entitled to one seat, no matter how large its ... Get more on HelpWriting.net ...
  • 75.
  • 76. The Advantage Of The Media And Social Media What about the media? Media disability is another advantage. Incumbents are linked to every media outlet, the television, radio, internet, and social media. Technology is the biggest platform in this day and era. A study by Pew Research Center concluded that 62 percent of U.S. adults obtain their new on social media. Incumbents can reach every audience, young, middle aged, the elder as well as those who come from different backgrounds. Ever wondered where incumbents get the money from to constantly send flyers to your house or the ones that get put in your windshield or doorknob? We witness and experience this all the time during election time. They have franking privilege. Franking privilege is when lawmakers send certain mails to their voters without payments of postage. However, the only people that are allowed this privilege are members of Congress and the Vice President. The sitting president does not. Incumbents also have access to a lot of resources once they've established a strong support system. For example, voter catalogs and contact information. The catalog consists of all parties who are registered to vote, the party they favor, telephone number and district. It is vital and big deal for candidates to have this information because they can contact and pursue those to vote for them. Not everyone incumbent or candidate is fortunate to acquire this information. Finally, amongst all the other advantages, incumbents have the advantage of patronage and casework. ... Get more on HelpWriting.net ...
  • 77.
  • 78. Narrative Writing Assignments Of Pretentious Middle School... Hyperextended crabs. Pinwheel of death. Broken–winged pterodactyl. Such terminology seems befitting of comparisons found in the interpretive writing assignments of pretentious middle school students in an introductory art class. At the very least, they certainly do not invoke the feelings associated with rational conceptions of what they describe in reality: districts across ordinary towns in the United States. More sensibly, one could delegate responsibility for these frighteningly amorphous and visually unappealing figures to the contrived workings of legislatures, yet a certain degree of accountability ought to be attributed to the currently flawed legal precedent for handling the intricacies of one of America's most virulent issues. Furthermore, the issue runs much deeper than the superficial concerns from, they are physically discernable warning signs of a startling trend that regrettably stifles political discourse and obscures the legitimate appeals of constituents: the prevalence of district gerrymandering. Every decade, as per the Supreme Court's ruling in Reynolds v. Sims, U.S. Congressional districts reevaluate the status quo situation of political district in regards to population, and redraw their individual localities accordingly. In its intended form, this process bolsters the election process through taking into consideration different migratory patterns that would perhaps misrepresent the geographical reality, ensuring that "one man's vote in a congressional ... Get more on HelpWriting.net ...
  • 79.
  • 80. Texas Political History : The State Of Texas State Political History The state of Texas has a long and complicated political history. Texas is very unique in the aspect that it is the only state in the U.S to have once been its own country. This in turn makes the political history of the state of Texas very unique and interesting. In recent years the political stage in Texas has become the hot topic of not only the state, but the entire country. Gregg Abbot is the current governed of Texas, and the first of which to use a wheelchair since George Wallace of Alabama. Rick Perry the former governor of Texas, and Ted Cruz a state senator have both ran for the presidency in this past election. The 19th congressional district of Texas has quite a unique history as well. In 2003 the ... Show more content on Helpwriting.net ... With President Trumps proposal to build a wall between Mexico and the United States, this has caused a large backlash from the Hispanic community in Texas, therefore resulting in the numbers seen in the 2016 election. State and congressional leanings As stated earlier, this past election has seen surprising numbers in the way Texans are voting. Though much of the state, including the 19th congressional district, has remained red. Many of the state's cities and suburbs have turned blue. This is due in part by the large Hispanic population in Texas. According to an article published by usnews.com it states, "Today, at slightly more than 28 percent, Texas has the second highest share of eligible voters who are Hispanic of any state in the nation..." However, Hispanics are not the only ones to blame for the shift in voting Texas has seen. The millennial generation is more progressive, and in turn tends to vote democratic. The usnews.com article states, "Like Hispanics, millennials have been voting about two to one Democratic." This has been very alarming for many officials in the GOP. With the rise of the Hispanic population, along with more millennials being provided the opportunity to vote. It is becoming more uncertain whether Texas will remain red in the future. Dominant party It is obvious to many that Texas is a predominantly red state. Going back to the civil war, Texas has always learned more towards the conservative side. However, this has not ... Get more on HelpWriting.net ...