American law essay 3 : Bush v. Gore 531 U.S. 98 (2000)
Essay - 4 pages - Constitutional law
Bush v. Gore is a landmark decision of the Supreme Court in many regards. First because of its time constraint (the Electoral College had to meet on December 18th, which gave the Justices very little time to make a major decision), secondly because of its tremendous impact (the...
An analysis of National coalition to save Mall V. Norton
Thesis - 14 pages - Administrative law
The Constitution provides for the protection of rights from the will of the majority through the separation of powers doctrine. Controversy arises when Congress attempts to limit the appellate jurisdiction of the Supreme Court, set forth in Article III, section 2 of the...
Oliver Wendell Holmes: The Great Dissenter of his time or of All time?
Essay - 6 pages - Medieval history
Oliver Wendell Holmes earned the reputation of the” Great Dissenter.” He commonly took a different path in the interpretation of Constitutional law. His most controversial and provocative dissents involved freedom of speech. Even though he was considered to be a literal and...
Roe v. Wade, 410 U.S. 113 (1973) - The Right of Privacy and Abortion
Law case study - 5 pages - Civil law
First of all, it feels right to define what's the right of privacy. Several definitions can be found. The right of or to privacy is the right not to have one's personal matters disclosed or publicised - Louis Brandeis who will be appointed to the Supreme Court qualified it...
The presidential system of governance in United States
Thesis - 6 pages - Political science
According to George Vedel former professor of public law, the presidential system of governance is a system of strict separation of powers. When viewed in this sense, the American political system appears to be the only example of a presidential system in the world. It is based on a strict...
"Toward Neutral Principles of Constitutional Law" by Herbert Wechsler and the Brown v. the Board of Education Legal Decision
Essay - 2 pages - Constitutional law
In "Toward Neutral Principles of Constitutional Law", Herbert Wechsler brings up difficult issues that are eternally present in cases that make their way up to the Supreme Court. While we often deny these issues and simply assume that the court is making a decision that is...
Introduction to Government and Politics "Hunting" for Diversity: Hunt v. Cromartie
Essay - 3 pages - Other law subjects
“A reapportionment plan that draws in persons, who may have very little in common but the color of their skin, bears an uncomfortable resemblance to political apartheid” (Rosenschein). Clearly, Supreme Court Justice Sandra Day O'Connor understood the weight of her...
A political analysis of: R. v. Badger
Thesis - 6 pages - Constitutional law
The supreme court of Canada stands as the highest level of court in Canada and is the final stop for all cases which have been appealed from the superior provincial courts. Unlike the lower courts, the supreme court of Canada seats up to nine...
Limited role of litigation
Essay - 4 pages - Political science
The role and power of the Supreme Court in the American system of government has long been debated, with scholars arguing both for and against the extent to which the Judiciary can produce social change. Klarman, Rosenberg, and Fisher all take a similar view that the Court...
What kind of nation?
Thesis - 5 pages - Political science
James F. Simon makes an interesting statement in his book, "What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States," Simon proclaims that the tension between Thomas Jefferson and John Marshall played a huge role in the shaping of our nation. Their...
The control of constitutionality and its limitations in France and United States
Thesis - 4 pages - Political science
The Constitution is the supreme law in the hierarchy of norms laid down by Hans Kelsen. This poses a problem in the domestic hierarchy of norms by raising a question about how to enforce the superiority of the Constitution, particularly with respect to the law. Thus, the difficulty faced...
The civil rights movement
Essay - 5 pages - Social, moral & civic education
At the beginning of the 1950's, in the Southern states, fewer than 5% of the prospected black voters were allowed to vote. Shrewd Southern politicians set up new means of perpetuating the black's powerlessness. Ever since it's founding in 1909 as a voluntary interracial organization, the...
Criminal case
Case study - 2 pages - Criminal law
A criminal case is referred to as court proceedings involving a trial against an individual who has committed a crime against an individual or the government. This paper elucidates a criminal case through an illustration of a case. This case is between Wardens, Maryland penitentiary versus...
The British Constitution: debate about constitutional reform
Essay - 4 pages - Constitutional law
Once widely admired, especially during the seventeenth century by French philosophers, the British constitution has now become a target for criticism. There have been strong debates regarding constitutional reforms that emerged after the democratic reforms of the nineteenth century to the...
Death penalty: does the U.S. really need capital punishment?
Thesis - 5 pages - Social, moral & civic education
Capital punishment, which is the act of killing a criminal for a terrible crime, is a controversial subject in the United States. Over the course of history, public opinion has wavered on whether or not the death penalty should be administered. Decades ago in the 1970's, for example, public...
Eminent Domain Use and Abuse in Long Branch, New Jersey
Case study - 7 pages - Political science
Eminent domain is, at its essence, the power of a governmental entity to take private real estate for public use, with or without the permission of its owner. The right is most often exercised as a last resort, when all other avenues of negotiations have failed, to acquire land for the...
School desegregation in the United States and problems with this issue as a pervasive part of social discourse
Essay - 4 pages - Educational studies
Boston's Mess 1974-1978 Research on the process of school desegregation in the United States reveals that even though notable steps were taken after the Brown v Board of Education (1954) ruling to reduce segregation, problems with this issue remained a pervasive part of social discourse. For...
Welfare rights movement
Thesis - 5 pages - Social, moral & civic education
The successes and failures of any rights movements can be defined by the victories and losses in the courtroom. The welfare rights movement had forward leaps and backward stumbles in its duration from 1960 to 1973 and Supreme Court cases to coincide. The movement's successes can be...
Bobby v. Dixon: Does the denial of Miranda taint a later, proper confession?
Case study - 2 pages - Educational studies
Archie Dixon, a murder suspect, claimed that the police violated his rights because they ignored his request for an attorney and by failing to Mirandize him when he was detained for forgery during a murder investigation. In a later relating to the investigation, Dixon was read his rights, and he...
Legal and economic analysis of the use of performance enhancing drugs
Thesis - 13 pages - Medical studies
Drug testing of athletes has been a controversial issue since the dawn of sports competition. The use of performance enhancing drugs remains a heavily debated issue of sports policy that has reached the congressional and Supreme Court level. Athletes of all ages use performance...
Feminism in France and in the US: A comparison
Thesis - 11 pages - Sociology & social sciences
In 1991, the American feminist movement was revived by the Anita Hill-Clarence Thomas case. In the same year, Clarence Thomas, a Supreme Court nominee was accused a few days before his appointment of sexual harassment by one of his former co-workers, the Law Professor Anita Hill....
Criminal Evidence and Procedure- if judge decides to exclude the evidence can the prosecution introduce it at the trial?
Case study - 3 pages - Criminal law
The evidence falls under the Exclusionary Rule, which prevents the prosecutor from relying on evidence gathered through means that violate the Constitution. There was no search warrant in getting the evidence and it resulted in illegal search and seizure which is against the dictates in the...
Individualization the penalty for heinous crimes
Case study - 3 pages - Educational studies
The past fifteen years in force gives law a tight vote (6x5) or the Supreme Court which declared unconstitutional laws on the art. Then it established penalty for heinous crimes that was complied with in dated regime. This issue deserves wide discussion in society, being...
Lower-class youth delinquency and incarceration in the United States
Essay - 5 pages - Criminal law
In 2016 in the United States, 11,745 youths were sentenced either to life with/without parole, or virtual life imprisonment (Sentencing Project, 2019). Thankfully, the Supreme Court barred the death sentence of youth offenders (Roper v. Simmons, 2005) even though life without parole...
Class action litigation
Essay - 2 pages - Services marketing
Class actions are a unique yet contentious procedural mechanism in which a single person represents the interests of a group of plaintiffs, who will collectively share in any damages rewarded. Allegedly, the use of this procedural method provides redress to many societal wrongs that may otherwise...
Law, morality and religion
Thesis - 8 pages - Philosophy
On June 26, 2003, the U.S. Supreme Court declared the law prohibiting the practice of sodomy "with a person of the same sex" unconstitutional, in the State of Texas. This called into question the laws that ban hanging in 13 U.S. states and homosexual practices, even in a private...
The army corps of engineers and their importance to trout streams.
Case study - 10 pages - Educational studies
The Army Corps of Engineers is the agent of land and waters resource projects. Its mission is to manage and conserve all the natural resources in consistency with the ecosystem management principles. It provides quality public outdoor recreational experience in order to serve the present and...
Is it a human rights violation and not enforcing the law
Thesis - 13 pages - Civil law
In Deshaney v. Winnebago County Department of Social Services, the U.S. Supreme Court held that a U.S. state's failure to protect an individual against private violence generally does not constitute a violation of the Fourteenth Amendment's Due Process Clause. The court...
Constitutional and Administrative Issues
Case study - 2 pages - Educational studies
Daniel C. Smith is an employee of the RidgeMont Township Board of Education. He serves as a high school teacher. He has served under the board for 20 years. Mr. Daniel telephoned the Bill Gallo show in New York City. He proceeded to enter into a discussion with the host of the show letting him...
U.S. history: America before and after 9/11
Essay - 2 pages - Modern history
In 2001 after a controversial election, the U.S. had a new President, George W. Bush. Bush had lost the popular vote to Al Gore but had won the election due to the electoral college. But even in the case of the electoral college, he only won because of Florida, which he had only narrowly won by...
