Example Of The Short Version Of Judicial Activism
Essay on The Role of the Judiciary
Judicial Activism: The Wade V. Roe Case
Judicial Restraint Vs. Judicial Activism
Judicial Activism Vs. Judicial Restraint
Judicial Restraint Analysis
Judicial Activism And Judicial Restraint
Judicial Restraint Essay
Judicial Activism In Canada
Judicial Restraint Vs Judicial Activism
Judicial Restraint/Activism Essay
High Level Of Judicial Activism
Judicial Injustice: A Case Of Judicial Activism
Judicial Activism In American Society
Judicial Activism Research Paper
Judicial Activism
Advantages Of Judicial Activism
Judicial Activism vs. Judicial Restraint Essay
5Week 3 – Reflection Paper Reflection Paper .docxalinainglis
5
Week 3 – Reflection Paper
Reflection Paper #3
Business Law
This week’s agenda reviewed the topics of how our judicial system works hand in hand with philosophy and legal interpretation. First and foremost, the podcast that reviews Judicial Philosophy in Legal Interpretation at the Supreme Court, talks about how those who work with and for the law make the choices and decisions they make and why. They have addressed how police officers, supreme court justices, and even judges evaluate the law and interpret the written law and reprimand or investigate certain situations based not only on mandated law, but they also use personal beliefs and experiences to make legal choices. It distinguishes how these justices may vote for and with the written law and the court system rather than their own beliefs and philosophy. There are many supreme court justices that are acting on behalf of the supreme court for 30 years, or what is considered a lifetime. When this occurs the law and supreme court views and dispositions do not change, the influences on the court hardly differ. The only way to change the beliefs of this supreme court committee is to enact a law, which could be constitutional, only allowing these justices to be involved for a max of 18 years. This then suggests that every other year a justice will retire thus changing the ideals, beliefs, and philosophical ideologies of those who are making choices on behalf of the law. Professor Ward Farnsworth had commented on a particular situation that I found very interesting; the situation was about a young man who was in an area known for illegal activity, the young man then began running as soon as he noticed the police officers. The police officers then had to determine, based off of previous experiences if the young man was running because he was hiding something, had done something illegal, or was in fact scared. Host Dan Rae had then mentioned that maybe the young man had grown up in an environment that led him to fear law enforcement, and he began running whether or not he had in fact done anything wrong. As Professor Ward then stated that the police officers experience may have been that individuals who run from law enforcement typically have done something they shouldn’t. You now have two very different perspectives and only life experience combined with the law can determine what actions to take.
In the case of George W. Bush vs Al Gore, the same principles have applied. When the state court systems approved the recount of the votes in various counties the supreme court then reviewed the case and decided that under the fourteenth amendment, the Equal Protection Clause, back down to the state level and the state of Florida felt as though they had no choice but to dismiss the case for a recount of the votes. It was determined that the actions that took place during this election in the state of Florida left many individuals feeling as though there were politics invo.
BBA 3210, Business Law 1 Course Learning Outcomes for.docxaryan532920
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
Strategic Planning Essay
Questions On Management And Planning Essay
Disadvantages Of Planning Essay
Essay about Plan and Organise an event
Assessment And Care Planning Essay
Strategic Planning Essay
Management Planning Essay
Essay about Planning in Todays World
Planning Process Paper
Essay Urban Planning
I Believe In Planning Essay
Urban Planning And Design Of Urban Cities Essay
Importance Of Strategic Planning Essay
Program Planning Essay
Human Resources Planning Essay
Essay about project Planning
Tourism Development Planning Essays
The Theory And Practice Of Social Planning Essay
Influences of Society Essay
Influences of a Teacher Essay
Essay on Music and Its Influence
Idealized Influence Paper
Media Influence
Influence of Music Essay
Influences Of Social Media Essay
Taxation Reflection
Transfer of Learning
Computer Science Essay
Essay on Common Teenage Problems
Essay about networks
A Study On Heat Transfer Essay
Technology Transfer Essay
Transfer Pricing
5Week 3 – Reflection Paper Reflection Paper .docxalinainglis
5
Week 3 – Reflection Paper
Reflection Paper #3
Business Law
This week’s agenda reviewed the topics of how our judicial system works hand in hand with philosophy and legal interpretation. First and foremost, the podcast that reviews Judicial Philosophy in Legal Interpretation at the Supreme Court, talks about how those who work with and for the law make the choices and decisions they make and why. They have addressed how police officers, supreme court justices, and even judges evaluate the law and interpret the written law and reprimand or investigate certain situations based not only on mandated law, but they also use personal beliefs and experiences to make legal choices. It distinguishes how these justices may vote for and with the written law and the court system rather than their own beliefs and philosophy. There are many supreme court justices that are acting on behalf of the supreme court for 30 years, or what is considered a lifetime. When this occurs the law and supreme court views and dispositions do not change, the influences on the court hardly differ. The only way to change the beliefs of this supreme court committee is to enact a law, which could be constitutional, only allowing these justices to be involved for a max of 18 years. This then suggests that every other year a justice will retire thus changing the ideals, beliefs, and philosophical ideologies of those who are making choices on behalf of the law. Professor Ward Farnsworth had commented on a particular situation that I found very interesting; the situation was about a young man who was in an area known for illegal activity, the young man then began running as soon as he noticed the police officers. The police officers then had to determine, based off of previous experiences if the young man was running because he was hiding something, had done something illegal, or was in fact scared. Host Dan Rae had then mentioned that maybe the young man had grown up in an environment that led him to fear law enforcement, and he began running whether or not he had in fact done anything wrong. As Professor Ward then stated that the police officers experience may have been that individuals who run from law enforcement typically have done something they shouldn’t. You now have two very different perspectives and only life experience combined with the law can determine what actions to take.
In the case of George W. Bush vs Al Gore, the same principles have applied. When the state court systems approved the recount of the votes in various counties the supreme court then reviewed the case and decided that under the fourteenth amendment, the Equal Protection Clause, back down to the state level and the state of Florida felt as though they had no choice but to dismiss the case for a recount of the votes. It was determined that the actions that took place during this election in the state of Florida left many individuals feeling as though there were politics invo.
BBA 3210, Business Law 1 Course Learning Outcomes for.docxaryan532920
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
Strategic Planning Essay
Questions On Management And Planning Essay
Disadvantages Of Planning Essay
Essay about Plan and Organise an event
Assessment And Care Planning Essay
Strategic Planning Essay
Management Planning Essay
Essay about Planning in Todays World
Planning Process Paper
Essay Urban Planning
I Believe In Planning Essay
Urban Planning And Design Of Urban Cities Essay
Importance Of Strategic Planning Essay
Program Planning Essay
Human Resources Planning Essay
Essay about project Planning
Tourism Development Planning Essays
The Theory And Practice Of Social Planning Essay
Influences of Society Essay
Influences of a Teacher Essay
Essay on Music and Its Influence
Idealized Influence Paper
Media Influence
Influence of Music Essay
Influences Of Social Media Essay
Taxation Reflection
Transfer of Learning
Computer Science Essay
Essay on Common Teenage Problems
Essay about networks
A Study On Heat Transfer Essay
Technology Transfer Essay
Transfer Pricing
Personal Education Goals
Goals of Public Education Essay
Education Goals
My Educational Goal
My Educational Plan
Pursuing Educational Goals
My Educational Goals
Essay on Contract of Employment
Essay on Contracts
Essay about A Contract
Contract Law
Contracts Essay
construction contract Essays
Essay about Contract Law
Social Contract
Essay On Veteran Suicide
Essay On Veterans
Essay On American Veterans
Speech About Veterans
Essay On Veterans
Essay On Veterans Day
Essay about Homeless Veterans
Veterans Struggles Essay
Essay about The Museum of Tolerance
Essay on Zero Tolerance in Schools
Persuasive Essay On Zero Tolerance
Role Of Tolerance In American Culture
Speech On Tolerance
Speech On Zero Tolerance
Tolerance: A Lost Value
Tolerance Towards Others
Zero Tolerance Policy Essay
Western Psychology: Tolerance For Disagreement
Essay about Zero Tolerance
What Does Tolerance Mean To You
In The Practice Of Tolerance Ones Enemy Analysis
Zero Tolerance Essay
Essay On Zero Tolerance
Reflective Essay On Tolerance In Society
Zero Tolerance Essay
Pros And Cons Of Zero Tolerance Policy
Tolerance During The Holocaust
Compare And Contrast Cinderella
Compare: Sibling and Body Paragraph
Comparison And Contrast In Research Paper
Compare And Contrast Two Friends
Ellis Island and Angel Island Immigration Essay
What Is The Conclusion Of Fahrenheit 451
Compare And Contrast Tornadoes And Hurricanes
Compare And Contrast Essay On Social Media
Compare And Contrast Two Places
To Vaccinate or Not to Vaccinate? Essay
Compare and Contrast
A Brief Comparison Of Grace And Jo-Anne
Compare And Contrast Doctors And Nurses
Compare And Contrast The Health Care System
Basketball vs. Soccer Essay
Reflection On Group Work
Reflective Report on Group Work Essay
Reflection Paper On Group Work
Personal Reflection On Group Work
Reflection On Group Processes And Dynamics Essay
Reflection on Social Work Group Work Processes
Reflection On Group Work
Essay On Group Work
Critical Reflection On Group Work
Reflective Essay On Group Work
Reflective Essay On Teamwork
Reflection On Group Work
Reflection On Group Work
Reflection On Group Work
Reflective Essay On Group Work
Reflection On Group Dynamics
Reflection On Virtual Group Work
Reflective Essay On Group Work
Reflection On Group Work
Effective Leadership Essay
Personal Leadership Statement Essay
Leadership Development Plan Essay
Leadership : What Is Leadership?
What Leadership Means to Me Essay
What is Leadership? Essay
What I Have Learned of Leadership
Essay on Management and Leadership
Leadership Model Essay
What is Leadership? Essay
Personal Philosophy of Leadership Essay
Definition Essay Leadership
Definition Essay On Leadership
What Is A Leader? Essay
What Makes A Leader? Essay
Servant Leadership Essay
What Makes a Leader? Essay
Job Skills Essay
Our Needs And Wants Essay
Asking For Help Essay
Essay about Training and Development
Perseverance Essay
Grit Essay Examples
Describe Yourself As A Writer
Psychological Stress Essay
Stress Essay
Essay on Stress
Stress Essay
Essay about Stress
Essay on Stress
Essay on Stress: Causes And Effects
What Is Stress?
Coping with Stress Essay
The Importance of Air Essay
The Effects Of Air Pollution And Climate Change
Air Pollution Essay
Environmental Problems: Air Pollution Essay
Causes Of Air Pollution Essay
Literature Review Of Air Pollution
Air pollution Essay example
Causes Of Air Pollution Essay
Air And Water Pollution Essay
Thesis Statement On Air Pollution
Effects Of Air Pollution Essay
Air and Water Pollution essay
Essay On Air Pollution
Effects Of Air Pollution Essay
Essay On Air Pollution
Argumentative Essay On Air Pollution
Essay On Air Pollution
Cause And Effect Essay On Air Pollution
Air Pollution Essay
Speech On Good Manners
Morals, Values, and Ethics Essays
Good And Bad Manners
Manners Matter Essay
What Is Etiquette Essay
Essay about Multicultural Manners
The Importance of Citation in Academic Writing
Essay On San Diego
Plagiarism Checker Tool
Population Issues Research Paper
Issues Of Technology Impact On Education
Essay about New Urbanism
Cite Source Analysis
Free Papers
Essay on Site Visit Report
Case Study Of CITES
Big Cities Vs Small Town Research
Motivation : Motivation For College Students
Cite Island Paris Research Paper
Lewis Carroll Research Paper
Descriptive Essay About My City
Paris Research Paper
Elements Of Annotated Bibliography
Grendel : Evil Essay
Essay On Grendel In Beowulf
Grendel Analysis
Grendel Character Analysis Essay
Essay About Grendel
Analysis Of Grendel s Grendel
Grendel Character Analysis
Grendel Character Analysis Essay
Essay on Grendel
Grendel Philosophies
Grendel Misunderstood Analysis
Imagery In Grendel
Grendel As A Monster Essay
Grendel Theme Essay
Existentialism In Grendel Essay
Grendel As A Hero Essay
Essay On Grendel
Grendel Isolation Essay
Is Grendel Evil? Essay
Grendel Essay
About Traditional Hispanic Food
Vietnamese Food Essay
Family Food Traditions
Food Culture Essay
The Importance Of Food Culture
Korean Food
Native American Food Culture Essay
Personal Narrative: Food Traditions
Benefits Of Traditional Food Products
Indian Food
Mexican Culture And Traditional Food Habits
Reflection About Food And Culture
My Favorite Experience Of Eating Food
My Family Traditions
Essay about The Culture of African Cuisine
traditional and modern food systems
Chinese Cuisine
Reflection On My Math Class
Reflection Essay For Math
English Vs Math Essays
Essay on Teaching Mathematics
Essay on Mathematics and Art
Disadvantages Of Maths
Mathematics in Everyday Life Essay
History Of Math Essay
Math Reflection Paper
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Personal Education Goals
Goals of Public Education Essay
Education Goals
My Educational Goal
My Educational Plan
Pursuing Educational Goals
My Educational Goals
Essay on Contract of Employment
Essay on Contracts
Essay about A Contract
Contract Law
Contracts Essay
construction contract Essays
Essay about Contract Law
Social Contract
Essay On Veteran Suicide
Essay On Veterans
Essay On American Veterans
Speech About Veterans
Essay On Veterans
Essay On Veterans Day
Essay about Homeless Veterans
Veterans Struggles Essay
Essay about The Museum of Tolerance
Essay on Zero Tolerance in Schools
Persuasive Essay On Zero Tolerance
Role Of Tolerance In American Culture
Speech On Tolerance
Speech On Zero Tolerance
Tolerance: A Lost Value
Tolerance Towards Others
Zero Tolerance Policy Essay
Western Psychology: Tolerance For Disagreement
Essay about Zero Tolerance
What Does Tolerance Mean To You
In The Practice Of Tolerance Ones Enemy Analysis
Zero Tolerance Essay
Essay On Zero Tolerance
Reflective Essay On Tolerance In Society
Zero Tolerance Essay
Pros And Cons Of Zero Tolerance Policy
Tolerance During The Holocaust
Compare And Contrast Cinderella
Compare: Sibling and Body Paragraph
Comparison And Contrast In Research Paper
Compare And Contrast Two Friends
Ellis Island and Angel Island Immigration Essay
What Is The Conclusion Of Fahrenheit 451
Compare And Contrast Tornadoes And Hurricanes
Compare And Contrast Essay On Social Media
Compare And Contrast Two Places
To Vaccinate or Not to Vaccinate? Essay
Compare and Contrast
A Brief Comparison Of Grace And Jo-Anne
Compare And Contrast Doctors And Nurses
Compare And Contrast The Health Care System
Basketball vs. Soccer Essay
Reflection On Group Work
Reflective Report on Group Work Essay
Reflection Paper On Group Work
Personal Reflection On Group Work
Reflection On Group Processes And Dynamics Essay
Reflection on Social Work Group Work Processes
Reflection On Group Work
Essay On Group Work
Critical Reflection On Group Work
Reflective Essay On Group Work
Reflective Essay On Teamwork
Reflection On Group Work
Reflection On Group Work
Reflection On Group Work
Reflective Essay On Group Work
Reflection On Group Dynamics
Reflection On Virtual Group Work
Reflective Essay On Group Work
Reflection On Group Work
Effective Leadership Essay
Personal Leadership Statement Essay
Leadership Development Plan Essay
Leadership : What Is Leadership?
What Leadership Means to Me Essay
What is Leadership? Essay
What I Have Learned of Leadership
Essay on Management and Leadership
Leadership Model Essay
What is Leadership? Essay
Personal Philosophy of Leadership Essay
Definition Essay Leadership
Definition Essay On Leadership
What Is A Leader? Essay
What Makes A Leader? Essay
Servant Leadership Essay
What Makes a Leader? Essay
Job Skills Essay
Our Needs And Wants Essay
Asking For Help Essay
Essay about Training and Development
Perseverance Essay
Grit Essay Examples
Describe Yourself As A Writer
Psychological Stress Essay
Stress Essay
Essay on Stress
Stress Essay
Essay about Stress
Essay on Stress
Essay on Stress: Causes And Effects
What Is Stress?
Coping with Stress Essay
The Importance of Air Essay
The Effects Of Air Pollution And Climate Change
Air Pollution Essay
Environmental Problems: Air Pollution Essay
Causes Of Air Pollution Essay
Literature Review Of Air Pollution
Air pollution Essay example
Causes Of Air Pollution Essay
Air And Water Pollution Essay
Thesis Statement On Air Pollution
Effects Of Air Pollution Essay
Air and Water Pollution essay
Essay On Air Pollution
Effects Of Air Pollution Essay
Essay On Air Pollution
Argumentative Essay On Air Pollution
Essay On Air Pollution
Cause And Effect Essay On Air Pollution
Air Pollution Essay
Speech On Good Manners
Morals, Values, and Ethics Essays
Good And Bad Manners
Manners Matter Essay
What Is Etiquette Essay
Essay about Multicultural Manners
The Importance of Citation in Academic Writing
Essay On San Diego
Plagiarism Checker Tool
Population Issues Research Paper
Issues Of Technology Impact On Education
Essay about New Urbanism
Cite Source Analysis
Free Papers
Essay on Site Visit Report
Case Study Of CITES
Big Cities Vs Small Town Research
Motivation : Motivation For College Students
Cite Island Paris Research Paper
Lewis Carroll Research Paper
Descriptive Essay About My City
Paris Research Paper
Elements Of Annotated Bibliography
Grendel : Evil Essay
Essay On Grendel In Beowulf
Grendel Analysis
Grendel Character Analysis Essay
Essay About Grendel
Analysis Of Grendel s Grendel
Grendel Character Analysis
Grendel Character Analysis Essay
Essay on Grendel
Grendel Philosophies
Grendel Misunderstood Analysis
Imagery In Grendel
Grendel As A Monster Essay
Grendel Theme Essay
Existentialism In Grendel Essay
Grendel As A Hero Essay
Essay On Grendel
Grendel Isolation Essay
Is Grendel Evil? Essay
Grendel Essay
About Traditional Hispanic Food
Vietnamese Food Essay
Family Food Traditions
Food Culture Essay
The Importance Of Food Culture
Korean Food
Native American Food Culture Essay
Personal Narrative: Food Traditions
Benefits Of Traditional Food Products
Indian Food
Mexican Culture And Traditional Food Habits
Reflection About Food And Culture
My Favorite Experience Of Eating Food
My Family Traditions
Essay about The Culture of African Cuisine
traditional and modern food systems
Chinese Cuisine
Reflection On My Math Class
Reflection Essay For Math
English Vs Math Essays
Essay on Teaching Mathematics
Essay on Mathematics and Art
Disadvantages Of Maths
Mathematics in Everyday Life Essay
History Of Math Essay
Math Reflection Paper
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
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This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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1. Judicial Activism is defined as, when a judge rules in the court based on his or her standards of
behavior and beliefs concerning what is acceptable and unacceptable. This is not the conventional
way that the Court will rule. I feel it has a high impact on the United States and I think the impact
is good. It allows for judges to put their personal input in a ruling, which could go against the
Constitution but it seem to give the Court's more of a positive influence. Leaving Americans
feeling for more satisfied that there was a fair ruling received. The Constitution allows judges to
play an activist role because the Courts are not considered a pure democracy. Instead they are
leaders that represent the people. The case Roe v. Wade established
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2. Example Of The Short Version Of Judicial Activism
The short version of judicial activism is when a single judge interprets the constitution and laws and
certain way, or basically goes against the constitution and laws due to his own beliefs.
Judicial activism is very common in our everyday world and was even something would would
see back in the past. Today you see judicial activism more and more everyday, judges letting their
personal life affect their place of work. It seems like now judge don't care as much as to what's right
and what's wrong as much as they care about their personal beliefs and what they think is the
correct way. One big example of judicial activism is back in 1892, this is an important date where a
man decided he was going to stand up for what he believes in. Homer
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3. Essay on The Role of the Judiciary
The Role of the Judiciary
A judge is a person who presides over a court of law whether it is a lower court or a higher court.
There are many different types of judges, varying from the Justices of Peace who sit mainly in the
Magistrates Court in ordinary clothes, to the robed Justices of the Supreme Court of the United
States of America or the English Court of Appeal who decide questions of National importance. Yet
they are all judges.
The judiciary is the branch of the government whose task is the administration of justice. The
principle work of a judiciary is to be the moderator of disputes. The court must decide on all aspects
of the law when dealing with criminal cases and to gather...show more content...
Any judicial hearing will involve the participation of a number of people. The judge being the central
figure, then u have the parties and their lawyers that represent them but also there are other
individuals involved too which may include witnesses, court room clerks, bailiffs and jurors when a
jury is required.
Although the stated role of the judiciary is to administer justice, the courts also unavoidably make
law in which they are not supposed to. They also make law, in the effect that they lay down rules
that will be used in future cases, this is known as the doctrine of precedent. "Case law is built up
out of precedents, and a precedent is a previous decision of a court which may, in certain
circumstances, be binding on another court in deciding a similar case. This practice of following
decisions is derived from custom, but is a practice which is generally and closely observed." C.J.
Parker once stated (Mirehouse v. Rennel –1833) "Precedent must be adhered to for the sake of
developing the law as a science." This is also known as 'judge made law'. Many judges today claim
that one of their many roles is to observe and interpret law and not 'make' it. Once a decision is
made by
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4. Judicial Activism: The Wade V. Roe Case
Judicial activism is based on political or personal considerations. Also, Judicial activism. allow
judges to arrive at decisions and based on personal and political considerations, as opposed to a
law. For many decades, women have advocated for fair treatment, and to hold the same position and
jobs that men do. For a considerable number of woman, the Wade v. Roe case has signified a
appropriate use of judicial activism, as well as an stepping stone for women's rights and equality.
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5. Judicial Restraint Vs. Judicial Activism
The differences between judicial restraint and judicial activism can be very broad, therefore it is
paramount to understand what these two philosophies mean prior to explaining its differences.
Judicial restraint and judicial activism has led to a great debate over the years which basically
revolves around the interpretation of the U.S. Constitution and the laws. Judicial restraint refers to
the philosophy in which judges should not have the authority or discretion to interpret the law in
whatever way they want, instead they should interpret the law the way that the legislators and the
U.S. Constitution intended the law to be interpreted because most judges are non–elected officials.
[1 legal] However, many judges disagree with this because
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6. Judicial Activism Vs. Judicial Restraint
Judicial Activism
Introduction
When researching for texts written about Judicial Activism, one comes across various authors who
wrote and published works about the topic. These works are mainly journals, pamphlet, brochures,
newspapers, magazines, and articles. Before delving into the subject matter, Judicial Activism, it is
important first to understand what judicial philosophy means. Judicial philosophy can be described
as the way that a judge cognizes and interprets the law. Even though laws are universal, they should
be applied to particular cases with unique conditions. To conduct this, the law is interpreted by the
judge, who determine its meaning and at times the intention of people who wrote it. Among the
major types of judicial...show more content...
Judicial activism critics in America claim that the law courts mustn't assume the authority to
intervene in issues that involve ethical and political decisions, thereby disregarding the democracy's
fundamental principles. Contrariwise, a court is, on occasion, considered exaggeratedly restrained
and passive the moment it refrains from defending the rule of law at large and individual liberties.
This paper's goal is to look at the various dimensions of judicial activism, for instance, its history
and the cases supporting it. It will also look into how judicial activism plays a role in the
government, and why there is a necessity for more judges who are activists. The paper will also
compare judicial activism with judicial restraint as well as explain which philosophy among the two
is more preferable.
Judicial Activism
As stated earlier, judicial activism is when a court doesn't confine itself to an interpretations of
laws that is reasonable, but rather create laws. Thus, judicial activism refers to judicial rulings
assumed to be based on political or personal considerations instead of on the existing law. As seen,
the judicial activism essence is when a decision of a judge in a case is grounded upon her political
or personal social beliefs, instead of interpreting the law as it is. Basically, the judge alters the law.
Rather than saying a certain behavior
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7. Judicial Restraint Analysis
According to the advocates of the judicial restraint and activism, a right to privacy reflects upon the
Supreme Court Justices' interpretation of the Framer's intents in the United States Constitution. The
judicial restraint generally refers to the judge's decision based on the laws written by the Framers
and their intent of it. Since the Framer did not specify the rights to privacy, the legal approach does
not allow the Supreme Court Justices to create the right to privacy. Unlike the judicial restraint, the
judicial activism takes on the opposing side and they believe beyond the written laws by the
Framers. The Supreme Court Justices would mainly express their personal views besides the
jurisdiction under the Constitution. Therefore,
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8. Judicial Activism And Judicial Restraint
Judicial Activism– refers to judicial rulings suspected of being based on personal or political
considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint.
B. Judicial Restraint– is a theory of judicial interpretation that encourages judges to limit the exercise
of their own power. It asserts that judges should hesitate to strike down laws unless they are
unconstitutional, though what counts as unconstitutional is itself a matter of some debate. C.
Precedent– The earlier judicial decisions that become guides in making later judicial decisions D.
Majority Opinion– A written statement explaining a court's official decision E. Dissenting Opinion–
A statement written by one or more justices...show more content...
So a couple kids decided to wear the black armbands to school. The Des Moines school district
found out about the protest. Since they created the protest the district made a policy to make the
kids remove the armbands. And the students the chose to still wear them would be punished by
being suspended. And two of the kids did, Mark Tinker and Christopher Eckhardt so they were
suspended. The students felt their first amendment rights were being violated. Iowa civil liberties
union went to the family and the American Civil Liberties Union agreed to get involved and help
with the lawsuit. And the united states district court ended up siding with the school and the united
state court of appeals for the eighth circuit tied in their decision so the school decision stayed as is.
The case was then taken to the supreme court. The court's decision was 7–2 and the kids won the
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9. Judicial Restraint Essay
Judicial restraint and judicial activism are two opposite approaches to the checks and balances
system found within the legal system of the United States. Although both approaches are used to
prevent the use of any fraudulent power within the government, judicial activism is the interpretation
of the Constitution via contemporary traditions and values. Judicial restraint, on the other hand,
limits the power to strike down a law by faithfully applying precedent. This polarity may be difficult
to distinguish between, however three methods have been developed to easier analyze which
approach has been used. Based on the actions of the Supreme Court, if the outcome of a case
upholds laws and statues, upholds stare decisis, and strictly adheres to the Constitution, the judge
used judicial restraint. Moreover, judicial activism would not necessarily uphold the laws and
statues, stare decisis, or adhere to the Constitution. Therefore, the most distinguishing factor that sets
these two apart is their ability to influence a change to public policy; judicial activism is a direct
form of public policy change.
The distinction between judicial activism and judicial restraint may seem very prominent and clear
cut now, yet the 2010 McDonald v. the city of Chicago case arguably uses both approaches. On June
28th, 2010, the Supreme Court ruled (5–4), that the Second Amendment to the U.S. Constitution,
which guarantees "the right of the people to keep and bear Arms," applies to state and local
government as well as to the federal government (BRITTANICA). The suit was filed to challenge
the provisions of a 1982 Chicago law that generally banned the new registration of handguns and
made registration a prerequisite to owning a firearm. This case is the perfect example to showcase
how judicial restraint and activism both act on the outcome of a case.
The 2010 McDonald v. the city of Chicago case upheld precedents established on the Duncan
standard– a more inclusive test based on the Duncan v Louisiana case– compelled the court to reject,
on stare decisis, the main defendant's argument. The Supreme Court adhered strictly to the
Constitution, however, and based their outcome on the fourteenth amendment. This amendment,
focused on
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10. Judicial Activism In Canada
In common law, judges interpret the law and judge apply it based on precedent from previous
cases; compared to civil law which focuses on written legislature. In Canada, judges are given the
chance to be activists. If a judge believes a citizen's rights, under the Canadian Charter of Rights
and Freedoms, are being violated, they are given the power to rule against the unconstitutional law
made by the elected branches of government; this concept is referred to as judicial activism
(Hausegger, Hennigar, & Riddell, 2015, p. 123). Judicial activism ensures the individual rights of
each person are upheld, but the concept is controversial. Judicial activism is problematic because it
awards an authoritarian level of power to unelected judges, which goes against Canada's democratic
ideology where elected officials decide and vote on the laws (Cameron, 2009, p. 27). I argue that
judicial activism should not be a part of Canada's judicial process because it gives too much power
to the courts and disrupts the democratic process of...show more content...
The three branches were created to separate authority in government, so that the no one group used
their power to exploit Canadians. The legislative and executive branches of government are
responsible for turning bills into laws; the judicial branch is responsible for interpreting and applying
these laws. Judicial activism diminishes the purpose of the separate branches of government and the
traditional process of law making.
It is anti–democratic to give power to judges when they contradict the decisions made by the elected
Canadian government officials (Cameron, 2009, p. 23). Judicial activism argues to protect
individuals Charter rights, but the reading in of sexual orientation directly goes against the Charter
(Cameron, 2009, p. 26). Judicial activism aims to protect individual Charter rights, but can instead
end up going against the
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11. Judicial Activism Vs. Judicial Restraint The debate between Judicial Activism and Judicial
Restraint really grabbed my attention. Judicial Activism and Judicial Restraint are two different
ways to interpret the constitution and its laws. Both interpretations have their own strengths and
weaknesses, which is why it is so hard to come to a final decision of which is acceptable and
which is not (in most cases). While at the debate I didn't realize how many cases have boiled down
to these two concepts. There have been many cases ended up being decided by both interpretations. I
believe Judicial Activism should be removed from the Supreme Court. The Original definition of
Judicial Activism is defined as a philosophy of judicial decision–...show more content...
Stare Decisis plays a large role in Judicial Restraint. Stare Decisis is sticking to an established
ruling that was handed down by past judges or jurors. A form of judicial restraint is called the
political question doctrine, and it is significant in understanding this interpretation of the law. The
political question doctrine is when a court acknowledges that the constitution is violated but does
not decide to act. There are plenty of examples of Judicial Restraint throughout our history but the
one that stands out the most in my mind is Gore Vs. Bush. In this case the Florida supreme courts
methods of recounting the presidential ballots was considered and ruled as having violated the
Equal Protection Laws which is under the fourteenth amendment in a presidential election.
Everyone seems to know that something wrong was done, but no one really understands what
happened. Before this debate I didn't realize that this was an example of Judicial Restraint. And this
is why I caint agree with either interpretations of the law. Both of these interpretations are ways to
go around the laws already set in stone. I believe that there should be some type of law created to
protect the constitution. I do not agree with either interpretations and I believe that they are both
wrong. These are examples of flaws in the constitution that should be dealt with. As I listened to this
debate I realized and understood more and more
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12. Judicial Restraint Vs Judicial Activism
As a student at CSUN I sadly admit I had no idea what Judicial Activism was, along with Judicial
Restraint. I don't recall on learning any of this in high school or in any time of my life, that says
mush about our country, furthermore, it was very interesting researching about these certain terms. I
did come across some articles explaining the main tenants of both Judicial activism and Judicial
restraint. Basically, for Judicial Restraint it's the belief that the legislatures make the decisions and
for the Judicial Activism it's the belief that a Judge should make the decision. Both Approaches differ
philosophically in different ways. Such as judicial activism
"is a judicial philosophy in which judges make bold policy decisions, even charting
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13. Judicial Restraint/Activism Essay
Judicial Restraint/Activism Justice William J. Brennan, Jr. said it the best in his speech to the Text
& Teaching Symposium, "We current Justices read the Constitution in the only way that we can: as
Twentieth Century Americans." Justice Brennan also called the Constitution a fundamentally public
text and called for its use to resolve public issues. If that is true, then the document must be
interpreted from today's perspective – Judicial Activism. However, using only that approach would
be saying that the work of the original framers was mute. This document is over two hundred years
old and still very relevant to today's society. In my opinion, the court needs to find a fine line
between activism and restraint or intentionalism...show more content...
Marshall said that Barron had no legal recourse under the provisions of the 5th Amendment because
"the Bill of Rights did not apply to the states and that was that". This remained until the "Civil War
Amendments" were passed in 1865 and 1868. It was Justice Brennan's opinion that it was then that
the Constitution could be "interpreted to require application of the first eight amendments to the
states." Barron v. Baltimore was also an excellent example of judicial restraint or original intent.
Marshall interpreted the language of the 5th Amendment exactly as the framers had intended it – the
Bill of Rights did not apply to the states. Attorney General Edwin Meese III, believed "original
intent" to be the best method for interpretation of the Constitution. He supported that belief with the
following statement made by Justice Story: In construing the Constitution of the United States, we
are in the first instance to consider, what are its nature and objects, its scope and design, as apparent
from the structure of the instrument, viewed as a whole and also viewed in its component parts.
Where its words are plain, clear and determinate, they require no interpretation. …Where the
words admit of two senses, each of which conformable to general usage, that sense is to be adopted,
which without departing from the literal import of the words, best harmonizes with the nature and
objects, the scope and design of the instrument. The concept
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14. High Level Of Judicial Activism
The American people have high expectations for the government, especially our court system. The
courts are expected to solve disputes through enforcing laws set forth by our legislators, and to do
so without bias. Typically, the courts fulfill their purpose in this way, but the task becomes much
harder when there is no precedent, or when a changing culture causes backlash to precedent.
Furthermore, a vague law or ideological question may also make an orderly dispute resolution a
more difficult task than the courts were designed to handle. As the constrained court view would
suggest, these are hurdles the courts must overcome in order to solve disputes and keep the integrity
of the court system. According to this view, judges don't...show more content...
This occurs as a court is able to overcome cultural constraint, but the constrained court view insists
that this cultural constraint is hard to overcome as the courts take into account the opinions of the
elite and the public in all of their decisions. All in all, the dynamic court view suggests that none of
these constraints: doctrinal, institutional, or cultural, are present. Meanwhile, the constrained court
view suggests that at least one of these constraints is present in order to ensure the promise of the
courts to solve disputes while also respecting public opinion, the other branches of government, and
doctrine. On balance, the case of Obergefell v Hodges illustrates the constrained court view,
suggesting that the Supreme Court is likely to be constrained when at least one of the constraints
mentioned above is in tact. A doctrinal constraint can be met through specific laws, an institutional
constraint can be met through inactive or ineffective legislative backlash, and finally, a cultural
constraint can be met through the court's adherence to cultural trends. The case of Obergefell v
Hodges began in early 2014 when a same–sex couple in Ohio believed their Constitutional rights
were being infringed upon. The couple included James Obergefell and John James who were
legally married in Maryland in 2013. Mr.James became terminally ill and died, but his
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15. Judicial Injustice: A Case Of Judicial Activism
This appears to be a case of judicial activism, mainly because it affects less the one percent of the
United States population. If this was judicial restraint the judge would have hesitated and waited
until the right answer was blatantly obvious before ruling on it. This is a case of ideology
because the idea that people should be able to donate is much as they like was obviously the case
in the ruling judge. This could be a positive outcome for campaign finance and this could be a
negative. You have to look at it from both sides, but since less than one percent is really affected
by this, I am going to say that it is negative because now the rich people can move effectively fund
who they want in office and the non–rich person is still limited
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16. Judicial Activism In American Society
Judicial activism in American society has shaped legislation as interpreted by the view of justices
in cases that have challenges current law. The practice of judicial activism has allowed judges to
essentially create new bias legislation out of existing laws that may not possess explicit standards.
In other words, existing law is expounded upon with personal or political consideration rather than
what the law states and following it as specified. Moreover, judicial decisions usually determine
future rulings that have resounding effects on society (Stephenson, 2013). However, does judicial
activism depict good or bad judiciary practices? It does not take much to understand that partiality
would exist in the answer to that question as each individual may answer...show more content...
Therefore, in my view point judicial activism is good and bad. For instance, two cases come to
mind Brown v. Board of Education of Topeka (1954) where in a landmark ruling the supreme
court ordered the desegregation of schools and Cooper v Arron a case addressing desegregation
delays. In Brown v. Board of Education of Topeka (1954), justices utilized judicial activism verses
adhering to the letter of the law to undo decades of social injustice and order the vigorous
desegregation of public school. By today standards, most would consider this example of judicial
activism clearly good and heroic. However, challenges addressed to the courts concerning delays in
the implementation of school desegregation processes in Cooper v. Arron (1958) exemplify poor
judicial activism because the court attempted to claim it had the final say over all other entities.
Specifically, the justice declared that courts constitutional interpretation was superior to the
legislative and executive branch of government. However, the constitution limits power on all
branches of government and each has the power to make changes in a deliberate manner. Essentially,
the court abused it power by not abiding by
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17. Judicial Activism Research Paper
Judicial activism is when decisions or positions are suspected of being based on personal interests
or political stances rather than law. It is often used as the antonym of judicial restraint. Supporters of
judicial activism believe that judges assume a role of independent policy makers going beyond their
traditional role of interpreting the Constitution (1). On the other hand, critics of judicial activism
believe that it gives the judicial branch more power than was intended in the constitution to be able
to make policies.
A lot of our current policies are resultant from decisions made by creative interpretation of the
constitution by our Supreme Court. As an example, Roe v Wade (1973) overturned a Texas abortion
law and making abortion legal in the United States on a federal level, based on the right to privacy.
This effectively invalidated all state laws limiting access to abortions during the second trimester.
The Supreme Court based their decision on the Fourteenth Amendment with the Due Process clause
– a...show more content...
The plaintiffs argued that the "separate but equal" laws in place were not equal nor could they be
made equal, and therefore don't follow the laws. Again, this one was based largely on the Fourteenth
Amendment, the equal protection guaranteed by it (3).
Judicial restraint is more akin to "word of the law" basing decisions heavily on precedent and
interpreting laws very literally. It is seen as a way of maintaining stability by making only small,
incremental changes in interpretation of the Constitution, relying heavily on stare decisis,
(precedent) and declining to rule in politically controversial cases, whether or not they agree that
there has been a possible violation of the Constitution. Judicial restraint can be used as a form of
activism though, in declining to hear a claim they disagree with personally
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18. Judicial Activism
engaging in illicit drug dealing, not to define standards of medical practices (Justia US Supreme
Court 2006). The Court affirmed the Ninth's ruling against Attorney General Ashcroft. Justice Scalia
dissented and wrote. "I hereby determine that assisting suicide is not a 'legitimate medical purpose"
(Justia US Supreme Court 2006). So the same conservatives on the Bench that favor state's rights
thought it was legitimate for one officer of the Executive Branch to define the laws practice. Neither
with a claim a textual Constitutional evidence, yet activist driven for their ideological reasoning to
achieve the desired results. Visa Versa Too In District of Columbia v. Heller (2008), it was ruled the
Second Amendment protects the right...show more content...
President Obama framed judicial activism as opposing the "will of Congress," while conservatives
have tended to focus more on the judicial nullification of state laws (Whittington 2014). They all
prefer to be activist jurist when they believe that the legislature has made a constitutional error, and
they are willing to override minorities on the bench or political opposition in order to compel their
interpretations of constitutional requirements. (Whittington 2014). If anything has been proven here,
is activism is not a philosophy. Activism is only a degree of evaluation in deciding cases. Judicial
Review results in a spectrum of a simple yes or no in restraint judicial decisions, to almost anything
else in activism judicial
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19. Advantages Of Judicial Activism
Judicial activism is referred to as judicial rulings that are suspected of being passed based on
biased intention of personal opinion about the existing laws. It is a means of providing justice to
the disadvantageous and aggrieved citizens. The critics of judicial activism inculpate that it
increases the power of the elected branch of authority or appointed judges to damage the
ruleJudicial Activism Judicial activism is referred to as judicial rulings that are suspected of being
passed based on biased intention of personal opinion about the existing laws. It is a means of
providing justice to the disadvantageous and aggrieved citizens. The critics of judicial activism
inculpate that it increases the power of the elected branch of authority...show more content...
These not only introduce new interpretations of the law but also guide new information to light.
Judicial activism also takes into account the Constitutional law and showcase it in a relevant way
that can be gone through by public, even if it fails. It cannot disintegrate the barriers of
communication between administrative jurisdictions nor within the bureaucratic ranking but it can
influence the interest and wisdom of the nationals on the contemplation of administrators not only to
safeguard their rights but also to guide the matters of public
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20. Judicial Activism vs. Judicial Restraint Essay
Judicial Activism vs. Judicial Restraint Judicial activism and judicial restraint are two opposing
philosophies when it comes to the Supreme Court justices' interpretations of the United States
Constitution; justices appointed by the President to the Supreme Court serve for life,and thus
whose decisions shape the lives of "We the people" for a long time to come. Marbury v. Madison,
one of the first Supreme Court cases asserting the power of judicial review, is an effective argument
for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get
away with this deficiency because of the silence on many issues and the vague wording of the
Constitution. Marshall was also the first to interpret the...show more content...
However, those that favor judicial restraint on the other hand, and thus favor the status quo and the
strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme
Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v.
Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African
Americans did not have the right to sue for their freedom, since they were seen strictly by the law as
property and not even citizens of the United States. As well, in Plessy v. Ferguson the Court ruled
that segregation of public schools was not unconstitutional, even though African Americans were still
seen as equal citizens due to the 14th Amendment to the Constitution ("separate but equal").
However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas
in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed
judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do
not elect the Supreme Court Justices and therefore the Supreme Court should not have the power
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