Essays on Jurisprudence

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Legal Positivism Under the direction of legal positivism understood in law, which advocates limited jurisprudence the task of studying the law in force with the formal dogmatic positions. The emergence of legal positivism refers to the first third of the XIX century and it was associated with the processes of approval of industrial capitalism in Western Europe. A crucial role is played by the processes of formation in the most developed countries of the national market, demanded the elimination of the vestiges of medieval particularism, expanding the scope of legal regulation of public relations and the establishment of a ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

(Institute/College)

Domestic disputes

Domestic violence is a gender related crime that has been occurring for a significant period of time, but is one that has a short record. Much of the criminal jurisprudence in the United States defines this behavior as abuse against the wives or against intimate partners. American criminal codices that list down the action as a specific crime rather than lump it together within the general crime of assault define it as “family” or “domestic” violence (Erez, 2002). Texas law has identified three distinct acts of domestic violence: “domestic assault,” “aggravated domestic assault,” and “continuous violence against the ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

International Human Rights Law and Prisons in Africa

Term Paper 4500 words

Introduction

The International Centre for Prison Studies’ World Prison Brief, in its report suggested that over 10 million individuals are formally incarcerated in prison and correctional facilities around the world. According to the same Brief, even more are held in either military facilities where they are detained or in security or police facilities without any specific legal process underway. There are three categories that the United States’ (U.S). Government has for humanitarian and human rights concerns as they relate to these individuals who are housed in a detention facility that is; 1. unsafe in terms of ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Compare and Contrast

Philosophy

Introduction The context of determinism, compatibilism, and libertarianism can be attributed to the two notions of freedom the metaphysical and circumstantial. The latter encompasses an idea that everyone has freedom to act without being interfered by any obstacle while the former demonstrates the freedom of oneself to choose among alternatives. This notion of freedom will be articulated in this discussion by comparing and contrasting the philosophical context of determinism, compatibilism, and libertarianism. Furthermore, the discussion will also differentiate the three positions in terms of strengths and weaknesses. Based on the interpretation of the three positions, a personal take ...

Emma Williams’s Case

Arbitration is a formal process for determining a grievance between parties in a conflict. A labor arbitration process involves an employment-related dispute between an employer and employee. The authority of an arbitral award comes from the binding arbitral clause in a contract of employment or the authority given by the parties through the appointment (Walras, 2013). An arbitrator has quasi-judicial powers to investigate, listen to the grievances of the parties and provide a decision, which is binding on all parties involved in dispute. However, arbitration must be launched on time to have a force of law. The dispute in ...

Theoretical Essay

In the world of law punishment (alternative name – penalty) is considered as an “infliction of some kind of pain or loss upon a person for misdeed (i.e., the transgression of a law or command).”1 Penalty may take different forms and vary from forced labor, flogging, body mutilation, fines and imprisonment to the capital punishment. The punishment has been very retributive, mostly in the form of revenge, during the pre-modern ages and usually the prosecution was executed by the victims or their families. There was not any proportion between the quantity and quality of wrongdoing and the punishment. The ...

The Biblical Scripture and the U.S. Civil and Criminal Codes

Research Paper

Introduction Almost all countries nowadays comply with one of two main legal systems-- civil law or common law. The civil law system originated from continental Europe and was implemented by European colonizers, like Portugal and Spain, in their respective colonies. On the other hand, the common law system was developed in Great Britain and was implemented in the British colonies. In the 19th and 20th centuries, civil law was accepted and enforced by countries previously implementing unique legal systems, like Japan and Russia, which aimed at reforming their legal ...

1. United States v. Cesarini, 296 F.Supp. 3 (N.D. Ohio 1969), is a historical case that decided by United State District Court, the court ruled that property for treasure trove included in gross income for the tax year when realized. 2. § 1.74-1 Prizes and awards. b) Excluded from gross income. Section 74(b) it happens when such prize or award was made solely in recognition of achievements in the past of the recipient in religious, charitable, literary, educational, artistic, or civic fields (Arkin) 3. Yes. It's not common within the IRS, section 7430 of the Internal Revenue Code. IRC ...

“The ecological crisis is very real, and it is getting worse at exponential speed. However, there is a silver lining on the current cloud of global gloom: The ecological crisis is interconnected with a global economic, political, social, and cultural crisis due to the fact the treadmill of production is failing to meet most people’s needs. The failure of the old paradigm of constant economic growth, combined with the reality of constitutional democracy in nations like the United States, will lead people to take the political actions and support the public policies necessary to build a sustainable world”. ...

International Air Law

Air transport is currently considered the fastest and safest means of transport globally, Passengers want to feel secure when flying from one place to another and expect the airline to be responsible in the event where they experience any form of injury while under the airline’s care. However, the application of treaties and agreements in determining the liability of airlines in instances of accidents has triggered debates as to what extent the airlines are liable for the damages experienced while the plaintiff is onboard. A particular question arises regarding the extent of injuries that an airline can be ...

Critically Examine the Contribution made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. Critically Examine the Contribution Made by the International Criminal Tribunal for Rwanda to the Development of the International Law of Genocide. At the core of the international law of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The Genocide Convention came about in 1948 through General Assembly Resolution 260. It came into force in 1951. One hundred forty states ratified the Convention. Its purpose was to deter future acts of ...

Judicial activism versus judicial restraint is one of the debates that has influenced American jurisprudence for many years. The reason for this is that it is very easy for any human’s mind to be clouded by their personal beliefs. In fact, in many professions, professional struggle with the ability to do what is right for their job versus what may be their moral principles or personal beliefs. It is based on this framework that the debate between judicial activism and judicial restraint originates. Judicial activism refers to the judicial rulings that are decided upon the judge’s political ...

Introduction

Freedom and human rights have become major issues in the 21st Century. However, the interpretations and application of human rights regulations have different ends in different countries. The purpose of this paper is to compare the systems of freedom and human rights as they exist between the United States and the Kingdom of Saudi Arabia. In doing this, this paper presents a hypothesis that freedom of speech and freedom of religion in both Saudi Arabia and the United States are the same and although they have different traditions, they all seek the same goals and ends. Basically, to understand ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

Abstract

The Chinese drywall refers to the drywall mad in China and imported into the U.S. in the commencement of the year 2001 all through to 2009. The housing spike in 2006 occasioned by hurricanes led to shortage of construction materials in the country necessitating the importation of the said materials in huge amounts. However, the drywall was not without adverse implications. This paper critically looks into the problems associated with the drywall. More so, it generally examines the traits that characterized the numerous law suits filed by the victims of the drywall problem against distributors and suppliers of the ...

St Thomas was a philosopher in the concept of natural law and the role of God’s justice in the legal system. Ethical arguments between lawyers and judges confront on a daily basis is suggested as an occupational profile for the professional conduct of judges and lawyers in their everyday interactions. St Thomas offers procedural comments on the criminal and civil relations as well as sentencing guidelines. In this era in which a Christian lawyer is many times faced with situations that are unethical and the modus operandi is one of questionable choices, the Christian lawyer and judge have ...

Introduction

Lopez Ostra was a Spanish citizen who filed a case before the European Court of Human Rights through the European Commission on human rights. The claimants accused the Spanish government of failing to protect his privacy, home, and family life against pollution from neighboring factories which amounted to a violation of the right to healthy environment and the right to respect the private home and family life. This case was anchored on the responsibility of the state to be held accountable for actions of private entities within its jurisdiction. It is a sophisticated case that was instituted under the ...

Abstract

This dissertation formulates a research dissertation and strategy for a study into the impact of Islamic banking on the economic development of societies within which such banks operates. To this end, the research examines the major tools and impacts of Islamic banks on society by conducting a literature review. This is followed by the deduction of research questions and a hypothesis that will be used to form the parameters of the entire research. The purpose of this dissertation is to investigate the relationship between the growth of Islamic banking worldwide and economic development of countries wherein this growth is ...

(Professor/Instructor)

Members of racial minorities, specifically African Americans, have a higher propensity to be victims of inequality in their own country, according to the findings of the United Nations discrimination guardian Committee on the Elimination of Racial Discrimination (CERD) after its assessment of the subject in the context of the United States. One of the most glaring abuses is in the area of police barbarities by the police establishment against racial minorities. The shooting of Michael Brown by a “white” police officer placed the abhorrent state of the relations of the demographic sectors in the United States. In the ...

In the case of Oregon v. Guzek, the Supreme Court of the United States ruled that the eighth amendment to the U.S constitution does not warrant the accused in a criminal trial the right to present evidence during the verdict stage that had not been presented in the trial stage (Americabar.org). The ruling had the impact of extending the jurisprudence to individual state courts that had prior to the ruling been allowed to make an individual determination concerning the introduction of mitigating evidence during the sentencing stage (Knowmyrights.org). The ruling of the case had implications not only for the ...

Abstract

The Fourth Amendment was included in the Bill of Rights with the intention of safeguarding individuals' right to privacy by requiring the production of a warrant by law enforcement officers in case of suspicion; however, the balance between ensuring privacy and the need to safeguard national security has been a subject of intense debate. This paper starts by giving a historical background of the Fourth Amendment, the evolution that has happened since it was put in place, the arguments for and against it, and an analysis of whether its observation impedes the work of the police. The paper also ...

Abstract

The Age Graded Theory explain why people with propensity to commit crimes at early stages of their lives desist from offending later on in life while others do not. It was was advanced by Robert J Sampson and John H Laub in 1993. This paper critically analyses the Age Graded Theory. It looks into its historical background, the strengths and flaws associated with it with a view of establishing why its proponents thought that desistance could best be explained by the theory. To this end, it explores the three-fold limbs of the theory. Besides, it examines how its salient ...

Advertising plays a critical role in modern internet service provision. It is a source of revenue through which most websites are funded. This fundamental economic function of on-line advertising coupled with capitalism has seen the increase as well as an expansion of the scope of web content. Therefore, without online advertising, internet service providers and website operators will lose their mainstream revenue hence their ability and capacity to provide and sustain web content will be hampered (Schwabach 6). General forms of online adverts include pop-ups, sponsored search engine results, banner adverts, expanding and floating advertisements and adverts through emails ( ...

(Institute/University)

Executive Summary

The subjects of suicide among the terminally ill and the severely despondent is one of the most heated in the international community. Though various states have proffered the immoral nature of intentionally killing someone even though that person is suffering from an incurable and aggressively illness that medical science cannot cure as of yet, it must be noted that patients that are suffering in these situations do not automatically request for the operation of processes that will ultimately result in the quickening of their death. Research literature shows that though it is correct to hold that there are ...

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Introduction

According to the Human Rights Advocacy and the History of International Human Rights Standards, one of the earliest political wrangling in the area of human rights was the division of these rights into several categories: economic, community, and cultural rights. Nonetheless, the overall understanding is that rights, per se, must be understood as interdependent and indivisible. Under the 1948 Universal Declaration of Human Rights (UDHR), there is no classification for rights; in addition, the accord does not aggressively set to establish an ordered rights regime. The universality of human rights is the ...

(University/Institute)

Abstract

The goal of the justice system, whether the military establishment or in civilian society, is that the appropriate penalty is levied against the offending party. In the context of the military organization, the punitive sanctions against erring personnel as well as a number of individuals connected with the military is the Uniform Code of Military Justice (UCMJ) wherein the concept of “non-judicial punishment” is contained. The UCMJ regulates and oversees the conduct of all trial procedures as well as the determination of the proper forum for the litigation and resolution of the charges arrayed against service members. In ...

(Professor/Instructor) (Course/Major)

Source: Law Office of Shawn M. George <http://www.smgapc.com/practice-areas/california-three-strikes-law/ Every generation in the United States has seen new tactics designed to continue the oppression of racial minorities, abjuring the rights the Founding Fathers deemed necessary and irrevocable for all people in the nation. Many African Americans were denied their right to participate in the growth of the new nation. Centuries later, the United States is still far from being called a true “egalitarian society.” Racial segregation and bigotry have been evinced in a number of forms; over the years, these forms have changed and evolved but the ...

While television and the media dramatize and glamorize murder trials and other violent crimes, these consist of only a small fraction of the law. Even if a person has never stepped foot in a courtroom, laws and regulations are encountered in everyday life. Law is what keeps and maintains order in society. Laws exist in the form of statutes and regulations at the federal, state, and local level. There are thousands of laws touching upon nearly every topic imaginable. Laws are the product of legislation, an elected representative of the people that decides what conduct should and should not ...

1. What is the proper case citation for the case?

The proper case citation for this case is R. v. J.A. 2011 SCC 28. (It is a neutral citation). This is a criminal law decision of the Supreme Court of Canada regarding consent in cases of sexual assault.

2. Who is the Respondent and who is the Appellant?

J.A. is the Respondent while Her Majesty The Queen is the Appellant.

3. Name all the levels of court (full proper names) involved in the case.

Court of Appeals for Ontario Trial Court of Canada

4. How many SCC justices heard the ...

One of the most important things I have learnt since I began my course in nursing is the enormous responsibility placed on the nurse on a daily basis. The magnitude of the responsibility is defined by the needs to transformation of theoretical skills into practice to ensure quality care, while giving the patient that extra bit of knowledge on self-care. Similarly, it involves ensuring that they remain hopeful of a healthy tomorrow. At first, I thought of nursing as any other career where you can come to work, do your part and leave once you are done with your part. However, ...

The European Union can be considered today as one of the world’s most influential powers as it represents twenty-eight member states in major international and even regional affairs. Many member nations see the EU as the result of their desire to ensure European integration to keep peace in the region. Considering the membership of these European states to the regional organization, it is a question for member countries and non-member countries as to who is more influential or powerful: the EU or the member countries? For some experts, the member countries are more powerful than the EU because they ...

Abstract

The God squad group, mainly made of boys in junior and senior years, uses the 9/11 attacks as a rallying point for combination of white supremacist, racist, anti-Semitic, ant-Islamic, anti-immigrant, ant-gay, nee-fascist dogma mixed with a good dose of anti-abortion and fundamentalist Christian diatribe. The group catches the attention of the administration when they show up at school all wearing their uniforms and distributes the first edition of their weekly "newsletter". The” newsletter” contains highly offensive diatribes on how it is the "the duty of all true Americans to fight against the forces trying to destroy our country". The ...

Introduction

John Austin is a renowned name in the field of jurisprudence. Etymologically, the word jurisprudence is formed from two words, ‘juris’ meaning law and ‘prudentia’ meaning prudence or knowledge (Anupom, 2011). Jurisprudence can, thus, be defined as the knowledge and science of law that is essential to ensure due justice to the people. Austin’s work was a remarkable start in the direction of the systematic legal system of modern age. Austin’s work emphasised that sanctions are important to ensure conformation to laws and the sovereign is the supreme authority that issues these laws. Austin’s description of ...

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Historical and Intellectual Background Cesare Beccaria Bonesana, one of the leading exponents of the social contract theory in criminology, outlined his philosophy in his treatise Dei delitti e dellepene which became symbolic of the Italian Enlightenment in the renaissance years that engulfed the European scene. His views on crime and punishment boasted of novel elements and were primarily centered on providing speedy justice with the penal measures being proportional to the delinquent act. Beccaria’s works were considered to be a protest against the law enforcement torture used to extract confession from the accused individuals. Beccaria’s views not ...

Introduction

Clarence Thomas is the second African American to sit on the United States Supreme Court, preceded only by Thurgood Marshall who served on the United States Supreme Court from 1967 to 1991. Clarence Thomas was nominated to the United States Supreme Court in July 1991 and was approved by the United States Senate by a very narrow margin in October of 1991. Throughout his term on the United States Supreme Court, Clarence Thomas has been both hailed and criticized. He has been both compared to Thurgood Marshall and nicknamed an Uncle Tom. Throughout this paper, I will discuss United States ...

(Professor/Instructor)

The title of the work of philosopher and diplomat Hugo Grotius (1583-1645), De Jure Belli et Pacis (On the Laws of War and Peace) (1625), does not entirely embrace the complete scope of international law; however, the work does engage its primary objects. However, the comprehension in the work is sufficient to evidence the quandary that is perplexing legal experts and scholars as well. The question being posed here is whether international jurisprudence should, one, legitimize the use of war or prohibit its use. Two, should the operation of international law predict or forbid it, and lastly, should ...

Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters Abstract This article proposes to compare the reigns of Chief Justice Earl Warren and William Rehnquist, two stalwarts of the Federal Supreme Court, in influencing civil rights protection jurisprudence in the history of American Constitutional law. After individually addressing key aspects of their respective tenures, the article delves into a comparative analysis and examines recent trends in protection of civil liberties in light of past developments and future prospects. Keywords: Supreme Court, Warren, Rehnquist, Civil Rights, Civil Liberties, Constitution, National Security

Introduction

The Federal Supreme Court in the United States of ...

The world has experienced an extraordinary internet growth since the last millennium. There has been a considerable measure put in place to adapt to this growth. The vacuum could be so unhealthy if the law did not catch up with the trend (Susan, 2005). The Americans in their bid to secure their fundamental rights and freedom in this new era of information technology adopted the fourth amendment to their Constitution. Nonetheless, the internet age has made the amendment so porous and almost worthless. The advent of cybercrime has brought up the modern violation of the fourth amendment (Susan and ...

Justice Brennan and Attorney General Meese’s views on judiciary

The exchange of views between Attorney General Edwin Meese and Supreme Court Justice William Brennan on the role of the judiciary to interpret the U.S. Constitution has become a partisan political debate since the issues that were raised are more concerned with politics than substance of the law. In fact, the argument of Attorney General Meese on the jurisprudence of original intention explained that the Supreme Court should be restored to its proper role in American government. Meese had pointed out that there is failure on the part of the present Supreme Court to provide proper respect to the written ...

Thesis Proposal

The purpose of this research is to analyze and suggest the potential legal and social solutions that are imperative for the purpose of securing rights of those who are orphaned in Islamic countries on account of ongoing civil and political unrest. The research will be structured in the form of five chapters that shall effectively cover the objective of this research.

CHAPTER 1

In this chapter, I am going to analyze in detail the political turmoil and civil unrest in Syria and the consequent burgeoning orphan issues. I will highlight how the ongoing crises have impacted the turmoil in the social ...

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An impassioned plea by the Mattachine Society Started in 1950, by Harry Hay and Rudy Gernreich in Los Angeles, the Mattachine society was probably one of the earliest formal organizations that came up for the cause of supporting the activities of homosexual men. The society led pioneering causes in the study as well as creating a legal framework conducive to the homosexuals. One of their primary objectives was to ensure stopping of persecution of homosexual men. The Mattachine society initially out of Los Angeles spread its wings and a number of chapters came ...

Gustav Klimt is well remembered for the immense role he played in shaping painting. In particular, the series of paintings he did on University of Vienna’s ceiling in the Great Hall stand out as his best work. These paintings on the ceiling of the university addressed the fields of medicine, philosophy and jurisprudence (Klimt, 23). However, he would later be attacked for pornography allegations in the paintings. Because of this, the paintings were not displayed in the university (Klimt, 34). This paper analyzes the paintings that caused controversy in his life (philosophy, jurisprudence and medicine).

Philosophy

This painting won a ...

Victoria University-College of Law and Justice

Acceptance under Australian Contract Law - Introduction - Laws of Contracts In a discussion paper by the Australian Government it has been rightly observed that “Australia’s system of contract law is based on English common law as developed by Australian courts. These common law rules are supplemented by equitable doctrines, Commonwealth, State and Territory statutes and international law instruments. The terms of contracts themselves also guide the parties’ expectations and performance”. It goes without saying that the laws of contracts are the most important branch of business laws. - Elements of Contracts The formation ...

If you ask someone what they think about the Fifth Amendment, most people will likely point out that it provides citizens a right against self-incrimination. However, besides the well-known “plead the Fifth” clause, the Fifth Amendment provides a number of other important privileges and protections including the right to a grand jury for capital offences, the right to due process, the right to fair compensation when the government takes your property and a prohibition against being prosecuted or punished twice for the same crime. The Fifth Amendment was one of the original ten amendments included in the Bill of Rights that was passed ...

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The concept of abortion as a deliberate termination of pregnancy, not as the spontaneous event called miscarriage, is tenuous to define because such definition varies according to its contexts, be it legal, bioethical, religious, or even cultural. In the legal aspect there are issues on rights, quasi-rights, personhood, and potentiality (International Encyclopedia of Philosophy 2, 4-5). In the moral (as well as bioethical and religious) side (3-4), there is moral right, “at birth” notion of the human person, viability, “first movement” argument, consciousness and ability to feel pain, and unicellular zygote as the ...

Individual Rights

Individual Rights Individual Rights vis-à-vis Social Order Individual rights pertain to the liberties and freedoms embraced in the human rights of every person. These rights are validated, confirmed and guaranteed by the Bill of Rights and the Constitutional amendments. These rights include the freedom to practice (or not) religion, freedom of speech, freedom of the press, freedom of assembly, freedom of petition, right against self-incrimination, right against self-incrimination, right to due process, and other rights granted in criminal proceedings (US Constitution). In democracies, such as the United States, individual rights play a significant role in society. Social ...

Question one: Procedural stages of a civil case

In the United States of America, the Constitution does not donate civil suits to the Federal Government. Under the doctrine of residual powers, it is the states that have the authority and mandate over civil cases. It is on that premise that civil procedure in the United States may be different from state to state. However, there has been a general approach applied by all the fifty states. In this section, the paper shall discuss the procedural stages in a civil suit. A civil suit begins formally with the institution of the suit. Often, the suit can only be instituted ...

An affirmative action is a term that is widely used to refer to variety of efforts designed to assist the minority groups. The affirmative action exists in three major areas within the distributive policies. The areas under focus where affirmative action is practiced include education, employment, and government contracts. In America, the concept of affirmative action began in the late 1960s and the early 1970s through executive orders. President Kennedy gave orders that required that a given percentage of government contracts and employment opportunities be reserve for the minority (Irons 203). Moreover, hire education sector was also required to adopt affirmative ...

The controversial New York State Police Department; Stop and Frisk Policy is arguably facing its exit especially after the latest ruling in the case of Floyd et al v City of New York et al. However, before it is legally repudiated probably by the incoming Democrat Mayor, who enjoys colossal support amid the mayoral polls, this paper shall discuss the constitutionality or otherwise of the policy. From the onset, it is imperative to appreciate the paper’s contention that the New York stop, question and frisk policy is unconstitutional and that in that respect the policy is null, void ...

The Founding Fathers so desired to have the Union without necessarily weakening the states. In that vein, the federalists devised the federal government structure which envisaged three tiers of governance. These are the federal, state and local government. Several centuries down the line, the Union can be reported as being in a more perfect state. Critical issues such racism, drug abuse, economic challenges, healthcare, among others still face the United States of America. It is the resilience of its people and its institutions that keeps the nation moving. In that context, this paper shall canvass one of the most critical ...

Statistics show that despite the federal government’s spending close to one billion dollars a year to stem crime in the United States of America and the criminal justice system’s best of efforts to arrest it, gun violence still takes approximately 30,000 lives a year and injures another 75,000 if the reports from the Census Bureau and the Federal Bureau of Investigations are anything to go by. It does not help that the same is a regularly debated and dicey political issue that is ironically most common in poor urban areas frequently associated with gang violence, on most occasions ...

Question one: Miles

The Miles case is fairly straight forward. The issues put forth for determination by the court can be summed up in the following questions. One, what rights Miles has against his parents? Two, what rights the parents have? Three whether on the request by the parents, Miles can be removed from the team without his consent? And lastly, whether his parents can take part or all of his income? In the ensuing discussion, the paper shall answer all the questions. From the onset, it is imperative to note that the Court should be guided by the holdings in Tye ...

Introduction

In Australian jurisprudence it is widely acknowledged that treaties ratified by the government do not assume direct incorporation into Australian law. In most nations or states, treaties are generally not considered part of domestic law unless and until the legislature enact them one way or another. In Australia, the situation is no different. In absence of a legislative process a treaty cannot create rights or impose obligations on the citizenry and residents. But this scenario does not mean that prior to incorporation treaties will not have any effect on Australian law. On the contrary, the Australian High Court held that treaties ...

Abstract

The submission introduces the topic it intends to cover by defining what a crime scene is and the importance of crime scenes in the criminal justice system. It then outlines the categories of crime scenes then gives the types of crime scenes under each category while briefly describing how each type of crime scene is and stating some of the aspects to appreciate under each type of crime scene. The submission then goes to discuss the law relating to admissibility of illegally collected materials and in doing that the locus classicus in the subject matter and other cases are subsequently ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...