A history abd analysis of the appointment process, politics, ideology, the role of the Senate and special interest groups, including two theoretical models.
3,375 words (approx. 13.5 pages), 4 sources, 1999, $ 119.95
Abstract The process of appointing Associate Justices to the United States Supreme Court in the latter part of the twentieth century has become a highly contentious, politically charged, and extremely expensive ordeal. From the founding of the Supreme Court through the early portion of the twentieth-century, appointments were administered primarily as political patronage. However, by the 1980s, the process of appointing judges to our highest Court has become so contentious that the rate of judges rejected by Congress has continued to accelerate.
From the Paper "The process of appointing Associate Justices to the United States Supreme Court in the latter part of the twentieth century has become a highly contentious, politically charged, and extremely expensive ordeal. From the founding of the Supreme Court through the early portion of the twentieth-century, appointments were administered primarily as political patronage. However, by the 1980s, the process of appointing judges to our highest Court has become so contentious that the rate of judges rejected by Congress has continued to accelerate.
The first section of this paper will contain a historical overview of the development of the Supreme Court as well as the transformation of the appointment process. Section two will look at two models proposed by political scientists to explain the nature of this transformation. Section three will summarize ..."
Abstract This research essay delves into the background of the story from Persia, "Appointment in Samara", and it's message that it is impossible to escape fate, in reference to death. The research paper is written though a storytelling lens and gives a summary of the story as well as cultural and historical background information.
From the Paper "Bazaars are not common in the United States, but in the Middle East and many other places around the world, they are a common place to gather goods including food. Now, the underlying moral to this story is that fate cannot be overturned no matter how far you run. That being said, Islam's holy text, the Koran, says that the time of death for every person has been predetermined by Allah. Allah is also mentioned, quite ironically in fact, when the merchant wishes for Allah to watch over Rakush in his trip to Samarra to outrun Death."
Abstract The paper explains how the recent appointment of John Bolton as the US ambassador to the UN by President Bush through the use of "recess appointment" powers has evoked heated debate. This paper explains the "recess appointment" powers of the President as outlined in the US Constitution, discusses Ambassador Bolton's qualifications for the position and analyzes whether the appointment was a "good" use of the recess powers. The paper concludes with a personal view that Bolton's recent recess appointment is the latest in the long series of attempts by the executive to undermine the delicate framework of checks and balances that are at the core of American democracy.
Contents:
Recess Appointment Ambassador Bolton's Qualification for the Appointment Was Bolton's Appointment as Ambassador to the UN a "Good" Use of the Recess Power?
What Do you Think About the Recess Appointment Power?
From the Paper "Recess appointments are authorized by Article II, Section 2 of the US Constitution which states: "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session." The framers had included this provision in the US Constitution since they had anticipated that vacancies of important government officers such as Ambassadors, Public Ministers and Consuls, Judges of the Supreme Court and District Courts, could fall vacant during a recess of the Senate. As clearly stated in the law, the Senate must ratify the appointment by the end of the next session [emphasis added], or the position becomes vacant again ("What is a Recess Appointment?" 2005)."
Abstract This paper discusses the nomination of John Roberts to the position of Supreme Court Justice. The paper examines the process for nominating and appointing a justice, followed by a look at the political fracas that surrounds this particular nomination. Finally, the paper concludes that nominating and appointing Roberts is a god idea because of his attitudes towards Constitutional Law and the power of the federal government.
From the Paper "It's certainly true that the nomination of Supreme Court justices can quickly devolve into the worst kind of political infighting. This has been the case for years. However, that governmental fact has become all the more acute in the nomination of John Roberts largely because of the highly polarized political climate that currently exists in the United States. Certainly, Democrats and Republicans have opposed one another for far longer than living memory; nevertheless, on this matter the two parties quite literally seem to be at each other's throat. Conservatives largely consider the matter a done deal; liberals are adamant that the nomination not go through, at least not until after Roberts has been thoroughly grilled by the Senate Judiciary Committee. "
Abstract The paper argues that judges are appointed by elitist institutions that result in decisions that are out of touch with the political and social realities of Canadian society. The paper looks at several court cases and shows how the court essentially makes decisions that are biased towards upper class individuals. The paper concludes that the Supreme Court appointment process needs to be reformed.
From the Paper "The fact that social and class biases can shape judicial decisions has been proven in a number of studies. For example, in "Constituting class and crime in Upper Canada" it is argued, "Law often is constituted in ways that make its everyday enforcement a reflection of class and class-related conditions". What this means is that class is a major determinant of law enforcement. Therefore, the class composition of the Supreme Court of Canada will have a major impact on the types of decisions that are made. This means that the appointment process will have a major impact on the decisions made by the Supreme Court of Canada.
"Even when the Supreme Court of Canada makes decisions that are in line with Canadian society as a whole it can be argued that they are influenced by political patronage. This can be seen in the recent decisions about same sex marriage. In "Canada" Priya Verma et al explain how parliament voted 158-133 in favour of same sex marriage."
An examination of the background and accomplishments of supreme court justices, John Jay and Samuel Alito, as well as their Presidents, George Washington and George W. Bush.
Abstract This paper discusses two supreme court justices and the presidents that appointed them to their positions. It specifically looks at John Jay and President George Washington and then looks at Samuel Alito and President George Walker Bush. It describes each of the justices' backgrounds and their accomplishments while in office and then looks at the background of their Presidents and the reasons the President appointed them.
Table of Contents:
John Jay
George Washington
Samuel Alito
George Walker Bush
From the Paper "George Walker Bush was born on July 6th, 1946 (Ivins, 2000). He is currently the 43rd President of the United States. His father was George Herbert Walker Bush, the 41st President of the United States. Bush was born in New Haven, Connecticut. From ninth grade through his senior year, G. W. Bush attended Phillips Academy, a prep school in Massachusetts. Following Phillips Academy, Bush attended Yale University, like his father and grandfather had before him. While attending Yale, Bush was part of an infamous secret society, Skull and Bones. Both his father and grandfather had been members before him, along with other figures of note such as John Kerry, Robert A. Lovett, Alphonso Taft, and Austan Goolsbee are or were also members. Bush graduated from Yale in 1968 with a history degree (Ivins, 2000). After graduating George entered the Air National Guard. Bush briefly worked on a Republican senate campaign in 1972. After failing to get into the University of Texas in 1973, he applied to Harvard Business School and was accepted. After a few years, Bush graduated with a Masters in Business Administration. He then began work in the oil industry (Ivins, 2000)."
Abstract This paper examines literature relevant to the traits and experiences of CEOs with a view toward identifying factors that may be useful in predicting the potential of an individual to be selected to assume the responsibilities of a CEO. More specifically, the following research question is investigated: Do CEOs have common traits or experiences that can predict their selection for the position of CEO?
The literature reviewed focuses primarily on the traits and experiences of CEOs of major corporations and on the traits and experiences used by major corporations in the selection of individuals for CEO appointments.
From the Paper "Pasternack, Van Nuys, and Perkins (1998) identified four behaviors that lead to CEO success. First, a successful CEO acts promptly once a problem has been identified and its character diagnosed. Equally important to CEO success, in this regard, is that a CEO should not act in a precipitous manner. Second, subordinate managers who do not actively support a CEO's program should be replaced quickly. Third, a CEO should prioritize her or his time and adhere to the policy thus established. Fourth, a successful CEO quickly establishes strong relationships with members of the firm's board of directors.
Paul de Benedictis (2000), Vice-President at Christian & Timbers, an executive search firm, holds that: ?Executives are hired on technical traits and are usually fired because of the wrong combination of human characteristics, or ?soft traits.? The essential elements of these "soft traits" include honesty and integrity, intellectual capacity, intensity, leadership and passion? (pp. 1-3)."
Abstract The paper examines President Eisenhower's secret appointment of CBS head Frank Stanton to administer federal communications authority in event of nuclear war. The paper considers the perceived threat of attack that existed in 1957, the actual Soviet capabilities and also looks at the ethical and legal issues raised by Eisenhower's request.
From the Paper "The Case of Eisenhower's Secret Appointments: Introduction: The American public and its political leaders were badly shaken when in October, the Soviet Union launched Sputnik I, the first artificial Earth satellite. The Soviet achievement undermined Americans'confidence in their technological and industrial superiority. Even more to the point, any rocket booster that could loft a satellite into orbit could deliver a nuclear warhead over intercontinental distances. No defense existed against such an attack, then or now."
Abstract This paper has several sections. It includes the search criteria that an applicant has in looking for a job, a description of an advertised job listing, a personal statement about early childhood education teaching philosophy and a checklist based on the National Association for the Education of Young Children code of ethical conduct from 1989. A CV from an early childhood teacher is also included.
From the Paper "Over the course of my studies, I've grown very interested in alternate schools and methods of teaching. These teaching methods interest me because they take the teacher away from the front of the classroom and put him or her within reach of the students. In addition, I welcome the idea of being a facilitator or guide, rather than a lecturer. Therefore, my first criterion was that of the nature of the school program in which the position was being offered. My selection choices were somewhat broader than anticipated in this area, as I found advertisements for both Montessori- and Waldorf-based programs in my area. Because I do not have training in either program, one of my criteria needed to be a program that would allow me to learn about that philosophy of teaching while still permitting me to teach."
Abstract The paper discusses three judges and why they were nominated as Supreme Court Justices. The paper examines the president's role in appointments and his criteria for nomination. The writer describes how these three nominees have demonstrated the range of reactions which a supreme court candidate may inspire: relatively quick confirmation, as in the case of Roberts, immediate debate and rejection or withdrawal, as was the situation with Miers, and the intense hearings and ideological and partisan battles which are anticipated for Alito.
From the Paper "The president then chooses who he perceives to be the most qualified candidate for the position, taking into consideration some ideological qualifications (such as how the candidate interprets the Constitution and whether or not the candidate has prior biases to certain issues) and political issues (if the candidate can reasonably be expected to be confirmed by the Senate). There are no mandatory qualifications for education, age or nationality; any candidate selected by the president is eligible for Supreme Court membership."
Tags: Bush, Judiciary, Committee, Chief, Justice, senator
Any analysis of the study design of "Soldiers' Experiences with Military Health Care," written by B. Jennings, L. Loan, S. Heiner, E. Hemman and K. Swanson.
Abstract This paper critiques "Soldiers' Experiences with Military Health Care," written by B. Jennings, L. Loan, S. Heiner, E. Hemman and K. Swanson. The paper examines the focus of the study, that is provider competence, the sick call cycle, getting appointments and unit leadership for the sick soldier. It then discusses how the data was collected, the results of the study and criticism of the study design.
From the Paper "The researchers found that Soldier Care fails to meet soldiers' expectations in each of the four components studied: (1) informants doubted competence of first line providers, who lacked sufficient diagnostic knowledge or an awareness of their deficiencies; (2) informants criticized the sick call cycle are depersonalizing and demeaning; (3) informants reported that getting appointments was difficult because the system failed to consider deployments or other restraints soldiers face; and (4) unit leadership often worked against soldiers getting needed medical treatment. These findings, drawn from the raw data, were properly linked to items in the researchers' synthesis. Findings were linked to existing theories and literature."
An examination of whether the state court's failure to appoint counsel for Gideon in "Gideon v. Wainwright" violates his right to a fair trial and due process of law.
Abstract This paper examines the 1963 case, "Gideon v. Wainwright." It discusses the facts of the case and then examines whether the state court's failure to appoint counsel for Gideon violates his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments. The paper discusses the application of the law and the outcome of the case.
Table of Contents:
Case Name
Facts
Issue
Rule(s)
Application/Analysis
Conclusion
From the Paper "In a unanimous decision, the Court held that the right to counsel was of a fundamental nature and Gideon had a right to be represented by a court-appointed attorney. In doing so, the Court over-ruled its previous decision in Betts v Brady and reversed the decision of the Florida State Supreme Court, which had denied relief to the petitioner. The decision sets at rest any ambiguity about the fundamental nature of the right of counsel provided in the Sixth Amendment and its obligatory application on the States as granted by the due process clause in the Fourteenth Amendment."
A comprehensive study researching court ordered versus volunteer admission to treatment facilities for adolescent addicts, as it relates to the completion of treatment and the drop-out rate.
Abstract The statement of the problem can be best summarized as follows: adolescents that attend treatment do so either by court appointment or voluntarily and whether they complete their treatment or drop out of the program may be related to whether they agree to attend the treatment or are forced to attend it. In light of this problem statement, there are three hypotheses presented in this study. The paper attempts to validate or invalidate them at the completion of the current study so that a deeper understanding of the issue can be obtained. The three hypotheses that are looked at are:
* Hypothesis One: Adolescents that enter treatment voluntarily are more committed to living clean and sober lives than those that are forced through the courts to attend treatment.
* Hypothesis Two: Adolescents that enter treatment voluntarily have lower drop out rates and higher completion rates for their treatment programs than those that enter court appointed treatment.
* Hypothesis Three: Adolescents that enter voluntary treatment have a lower relapse rate than those that attend court appointed treatment programs and they remain clean and sober for longer periods of time if they do relapse.
There are other issues that could be studied and hypothesized about when it comes to adolescents and their treatment for drugs and alcohol, but the three listed above are the ones that are the most significant. Validating or invalidating the three hypotheses presented here will provide many researchers and others that study and struggle with this issue more insight into the ways that they might want to work on the issue in the future. If adolescents really perform better when they enter treatment voluntarily, finding ways to show them the seriousness of their problems and getting them to want treatment may become a key issue in the future, as opposed to simply forcing them into a court appointed treatment program that they will suffer through and then return to their old lifestyle.
Table of Contents
Chapter One
Introduction
Background
Statement of the Problem
Purpose of the Study
Importance of the Study
Scope of the Study
Limitations of the Study
Rationale for the Study
Overview of the Study
Chapter Two
Review of Related Literature
Chapter Three
Methodology
Research Design and Approach
Population and Sample
Collection of Data
Data Analysis Procedures
Chapter Four
Analysis of the Data
Addiction Severity Index - Adjusted to Use as a Survey
Chapter Five
Summary, Recommendations, and Conclusion
Works Cited
From the Paper "Addiction is something that has been around for many years, and there have been increasingly new ways of treating it that have been created over the course of much research and study. There are many different forms that addiction takes, and there are many different drugs and substances that someone can become addicted to, even if they are not of the age that most people would think of when they picture people that would start down that particular road. Most individuals think of addicts as primarily young, minority men in their 20s and 30s that rob, steal, and cause other problems in order to get their drugs or alcohol. However, there are also many women that are addicted to various substances, and although race is a factor when looking at addiction numbers, there are plenty of people of all races and ethnic backgrounds that struggle with addiction and many of the problems that it can cause."
Abstract This paper discusses how historically, the selection of judges in the United States has been accomplished by several means. Judges have been appointed by governors or legislators voted into office through a general election or recommended for appointment by a panel and then appointed by a governor. The paper reviews the Missouri Plan which calls for the third method of seating a judge and it has been adopted by other states that have used Missouri ideology in enacting the law.
From the Paper " Many within society view the Missouri Plan as a method of ending corruption in the judiciary, while others see it as a law that allows judges to have uncontrolled power over the people. However, history has also indicated that elected judges that are directly tied to political parties function more as politicians that directly decide the fate of people, rather than neutral figures interpreting the law. "
Abstract This paper discusses whether the Supreme Court was an issue in the 2000 presidential campaign, what kinds of justices the candidates would be likely to appoint, what the current status of the Court is, what influence the makeup of the Senate has on the process, and whether Supreme Court appointments are likely to have the outcome that the candidate intended.
