The Supreme Court, Federalism, and Public Administration
Dissertation - 8 pages - Constitutional law
The U. S. Supreme Court has always played the role of a decisive figure in the conflict of power between the federal and state authorities. The Supreme Court is the apex court of the United States. By virtue of its role in legal interpretation, it defines the...
Supreme Court roleplay
Tutorials/exercises - 3 pages - Other law subjects
This document is a role play between students, based on the decision Soto vs Bushmaster. The goal is to elaborate a detailed argument.
Key Landmark Decisions of the United States of America Supreme Court
Case study - 4 pages - Civil law
Two landmark decisions of the United States of America Supreme Court, Plessy v. Ferguson, 163 U.S. 537 (1896) and Miranda v. Arizona, 384 U.S. 436 (1966) have a played a key role in anchoring constitutionalism and have provided a varied interpretation of the constitution in everyday...
Supreme Court
Case study - 2 pages - Educational studies
Case law of the United States Supreme Court plays a major role in every case presented. Several criminal cases are available to illustrate this. Dwayne Giles v. California proves this. Research regarding the case specifically reveals multiple elements of case law within the...
The supreme courts and the progressive shift
Thesis - 3 pages - Political science
Prior to the New Deal, the Supreme Court viewed individual natural rights as the most important liberties. Since then, the Supreme Court has enlarged government involvement, restricted liberties of private property and has created government regulations to protect and...
Evaluate the Importance of the Supreme Court in the US Political System: In What Ways Is It a Political Actor?
Essay - 5 pages - Constitutional law
The Supreme Court, the highest court in the American judicial system, is one of the three branches of the US national government. In 1803, a mechanism was put in place to ensure that governmental officials and governmental institutions would respect the limitations prescribed...
Outline and critique the role of the Supreme Court in the American political system
Thesis - 6 pages - Political science
This remark from a future Chief justice of the United States Supreme Court highlights both the major place of the Constitution and of the Supreme Court in the American political system. The Constitution is a symbol of nationhood for the Americans, the reference on how...
Abortion and the Supreme Court
Essay - 5 pages - Civil law
Abortion is one of the most controversial topics of the American society. Even after Roe v Wade, a 1973 ruling of the Supreme Court permitting abortion, the debate has always been of topical interest. In this feature of The Economist published on the 4th of March 2006, a South...
From judging to legislating: The Supreme Court as a law-making body
Essay - 4 pages - Journalism
Whether the judicial branch in the United States should exercise activism or restraint has been debated since before the constitution was ratified. Delegates to the Constitutional Convention in 1787 were split on the issue, and left Article III of the Constitution purposefully ambiguous, most...
The issue of choosing a Supreme Court Justice
Essay - 8 pages - Constitutional law
Introduction In recent years, the stability of the Supreme Court has been challenged as a direct result of changes in the specific members that comprise the Court. Up until 2006, specific patters of decision-making could clearly be delineated. However, the death of Chief...
Appropriate and necessary: The U.S. Supreme Court's need to intervene in Bush v. Gore
Essay - 6 pages - Political science
The presidential election of the year 2000 will be the source of controversy for years to come. Since its conclusion on Dec.12, 2000, in the U.S. Supreme Court, volumes have been written criticizing the court's decision in Bush v. Gore - which stopped hand recounts of ballots...
The Supreme Court: America's judicial body of power
Essay - 9 pages - Constitutional law
This paper analyzes the ways in which the Supreme Court's function has transformed, its current structure, and the issues that presently surround the Court. In order to maintain freedom and prosperity for the American people, the founding fathers explicitly divided up...
The "Supreme Court of Justice": Religion and the Suppression of the Lower Classes in Freud's "The Future of an Illusion"
Essay - 2 pages - Literature
Though humans have “raised [themselves] above [their] animal status” (5), the fact remains that a fear of nature, a far superior force, is inherent in mankind. Left to his own devices, man is unrestricted, susceptible to outside destructive forces and his own animalistic instincts,...
Why do European courts refuse to enforce U.S. punitive damages?
Essay - 6 pages - International law
In terms of civil liability in Continental Europe, the principle is to compensate only for the damage. Civil liability is not punitive. The purpose is only to put the victim back in the situation she knew before the operative event. If the behavior deserves a sanction, it is a matter of criminal...
The judgment of the Strasbourg Court
Case study - 3 pages - Educational studies
The judgment of the Court E.D.H. , Kokkinakis against Greece of 25 May 1993 allows to analyze individual aspects of that freedom. Under Article 9, freedom to manifest one's religion is not only exercisable in community with others, "in public" and within the circle of those whose faith...
Components of the court system
Essay - 2 pages - Other law subjects
Every aspect of our society has varying proponents. Nothing goes without refute. This is evident in politics, economics, and history. An exemplification of this may be presented through our court system. Court proceedings vary based on the nature of the hearing. Civil cases...
The attempt by Franklin D. Roosevelt to court packing and the lasting affects it has on today's political structure
Thesis - 6 pages - Civil law
In 1937 President Franklin Roosevelt (FDR) introduced the new deal reforms, which have been described as “the biggest political blunder of his career…. Yet it was… fortuitous, even pivotal, importance for the fate of Social Security” (Zelizer, 2000). Notwithstanding the...
Court management executive summary
Case study - 2 pages - Administrative law
The purpose and responsibility of court systems are important to factors of court management and the function and duties do not instinctively convert into action. However, when strategic planning and visioning are implemented into the courts, the court administrators...
India: Kesavananda Bharati vs State of Kerala
Essay - 5 pages - Constitutional law
Perhaps the most recognized constitutional decision within the Supreme Court of India reflects on the case of Kesavananda Bharati against the State of Kerala. While the Supreme Court ruled that there was no implied limitation on Parliament's powers on amendments to...
Courts, unelected tyrants and public forums
Thesis - 7 pages - Administrative law
In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush...
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) - What exceptional circumstances allow states to establish segregation?
Law case study - 4 pages - Constitutional law
Let's be clear, the decision of the Supreme Court that we are going to study today is a real jurisprudence change, which means that the decision overturns several other Supreme Court decisions, resulting in a total change in the analysis of the constitution over...
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
Kyllo v. United States, 533 U.S. 27 (2001) - Admissibility of Evidence from Warrantless Thermal Imaging
Law case - 2 pages - Constitutional law
The case of Kyllo v. United States, the most important decision by the U.S. Supreme Court, had the central theme of whether the information obtained without being authorized through a thermal imagining device is admissible in the Court. The eruption controversy brought up...
City of Ladue v. Gilleo, 512 U.S. 43 (1994) - Is the ordinance of petitioner City of Ladue prohibiting all residents' display of signs (with some exceptions) considered unconstitutional regarding the Constitution's 1st amendment?
Law case - 2 pages - Other law subjects
The document is a case brief for the case of judicial review by the US Supreme Court "City of Ladue v. Gilleo, 512 U.S. 43 (1994)." "Gilleo, a resident of Ladue, had her political signs taken down by authorities. When she asked the police, they informed her that the City of Ladue...
US courts should apply universal principle to Alien Tort cases
Thesis - 10 pages - International law
The Alien Tort Statute, also known as the Alien Tort Claims Act (ATCA), originally appeared in Section 9 of the first Judiciary Act of 1789, which created the U.S. judicial court system. It provides that the district courts shall have original jurisdiction of any civil action by an...
Critically assess the extent to which the Court of Justice of the European Union, through its interpretation of EU law, has struck an appropriate balance between the need to respect single market objectives
Case study - 5 pages - European union
European integration was always conveyed by economic motives. The European Coal and Steel Community, the European Economic Community, and the European Union (EU) were founded by economic interests. Since the European Union is a sui generis organisation and is also founded by the law, those...
The Case for Federal Courts: Why suspected terrorists should not be tried in military commissions
Thesis - 6 pages - Constitutional law
Federal courts are a time-tested, constitutionally sound, and internationally approved system for prosecuting designated “enemy combatants.” The United States Constitution is intended not to grant rights, but to protect those rights in the face of the power of the federal...
Why has the European Court of Justice been so central to the process of integration?
Thesis - 10 pages - European union
“Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres” . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either disregarded...
What is the highest judicial authority in France and how important is it?
Essay - 2 pages - Civil law
The court of cassation is the highest court in France. It hears appeals from decisions of the lower courts, and reviews the constitutionality of laws. Moreover, in application of the (article L4111-1 of the Code de l'organisation judiciaire), there is, for the whole...
European Court of Justice - motor for European integration?
Essay - 3 pages - European union
In 1996, British Prime Minister John Major has bitterly noted that European Court of Justice (ECJ) should “have its wings clipped”, as already back in 1996 some member states, eager to protect their sovereignty, feared the growing influence of the court. Yet, 10 years...
