Abstract The paper analyzes Supreme Court justice Clarence Thomas and his actions in twelve years as the only African American in the court, concentrating on the topic of affirmative action. The paper highlights Thomas' conservative bent.
From the Paper "Justice Clarence Thomas is the only black member of the United States Supreme Court. Thomas is one of the most conservative Justices in the current court. Based on a recent vote, it appears Justice Thomas is an opponent of affirmative action programs. In a case that was decided in June, Judge Thomas disagreed with the majority of the Supreme Court's decision to uphold a University of Michigan Law School program that seeks to boost minority enrollment through an affirmative action type program."
Tags:Clarence Thomas, Supreme Court, affirmative action, discrimination, University of Michigan, voting records, conservative, black, minority, admissions
Abstract This paper discusses the life and career of Clarence Thomas, U.S. Supreme Court Justice. The author looks briefly at his childhood, his education, then at his rise in the judiciary, and controversial nomination to the Court . The paper examines Justice Thomas' role as a conservative African-American and how his conservatism is shown through his decisions.
From the Paper "It is hard to imagine that few justices of the 20th century will remain as marked throughout their entire tenure by their confirmation process as Clarence Thomas, who was nominated by George Bush, Sr. for one of the associate justice positions on the U.S. Supreme Court in 1991. Surviving the controversy of this nomination, in which he was accused of sexual harassment as well as of being of insufficient legal acumen and gravity- many liberals believed that his primary qualifications for office were his conservatism along with the fact that he was relatively young and healthy and therefore could serve on the court for many years. Thomas succeeded to the seat of the ultraliberal Thurgood Marshall, and in doing so gave to the court a decidedly conservative cast, undoing many of the measures that Marshall had dedicated his own life to achieving."
Abstract This paper looks at the life of Clarence Darrow, famous defense lawyer in the 20th century. The author examines the lawyer's accomplishments and contributions to the world of law and society in general. The author examines some of his ideals such as his approach to capital punishment.
From the Paper "Anyone who knows anything about the history of the law in the United States knows about Clarence Darrow, who was one of the most famous defense lawyers of the later 19th and early 20th centuries. While he probably remains most famous for his work in what has come to be known as the Scopes Monkey Trial, he was involved in scores of cases, including the defense of Leopold and Loeb and Eugene V. Debs. This paper examines the accomplishments and contributions of a man who was always part showman along with part lawyer, as well as a great public speaker and debater. A staunch opponent of capital punishment, he was perhaps at his most impressive in the courtroom when pleading capital cases: of the more than 100 persons charged with murder none was ever sentenced to death."
Abstract This paper describes the controversial nomination and confirmation of Supreme Court Justice, Clarence Thomas. The paper looks at some of the organizations that opposed Thomas's nomination, the role of the American Bar Association in the selection process of Supreme Court justices, their evaluation of Thomas, and the intense controversy surrounding Thomas's nomination. The paper also examines the positions and the role of different interest groups throughout the controversy, as well as the conduct of journalists reporting on the story.
The American Bar Association
Conservative Victory Party and Citizens United
Alliance for Justice
Democratic Caucus
African American Women in Defense of Ourselves
The Press
From the Paper "The nomination of Clarence Thomas launched a great deal of concern among liberal interest groups. Like Robert Bork, Clarence Thomas was an unashamed conservative. During the Thomas confirmation hearings, the traditional liberal African American special interest groups, such as the National Association for the Advancement of Colored People (NAACP), moved away from other liberal groups to support the nomination of only the second African American to the Court (Herrnson, Shaiko & Wilcox 1998)."
Abstract This paper begins with a brief introduction to Justice Thomas's political philosophy and an assessment of how he is viewed by the African-American public. The paper then offers a critique and analysis of a speech made by Thomas to the largest organization of black lawyers, the National Bar Association.
From the Paper "Justice Thomas Clarence occupies an important position in the legal circles since he is only the second black American to have been appointed to the Supreme Court. Being a Supreme Court Justice is an honor for anyone regardless of the race he/she belongs to but for Thomas Clarence, this achievement holds greater significance since only one person from his community ever made it to the Supreme Court before himself. Thurgood Marshall was a highly revered legal figure. During his tenure, Marshall did everything in his power to further the interests of black community. The same community however vehemently opposed Clarence's appointment to Supreme Court because Thomas? racial politics has done his community more harm than good."
Abstract According to Campbell, "the term 'jeremiad' refers to a sermon or another work that accounts for the misfortunes of an era as a just penalty for great social and moral evils, but holds out hope for changes that will bring a happier future." This paper uses Sacvan Bercovitch's "The American Jeremiad" as a preface to show that U.S. Supreme Court Justice Clarence Thomas is an American Jeremiah.
From the Paper "As soon as he had reformed himself, he could once again find his way back to the ideals of the America in which he trusted. Not only this; he had found his way back to the man he had been in his sophomore year in the seminary, in 1964, when he had completely accepted himself as "the equal of individuals who were white." So, Thomas here says that not only was he on the path once more to the City on the Hill; he was getting there once more because he returned to his covenant with God. His return, said Thomas, was a return to a hope in America; a hope that he, as an individual working within the boundaries set forth by the "underlying principles of this country and the guarantees of freedom through government by consent," could transform the evil legacy of racism into a place where "whites and blacks can live together and be blended into a common nationality.""
Tags: American, Bar, Association, Martin, Luther, King
Abstract This paper examines Anthony Lewis' "Gideon's Trumpet", which evaluates the Supreme Court case of Clarence Earl Gideon. Gideon was tried and convicted in the Fourteenth Judicial Circuit of Florida but maintained, under the due process clause of the Fourteenth Amendment, that he was entitled to counsel by the state because he couldn't afford his own. The author points out that the case on which the Supreme Court based its ruling was 'Betts v. Brady', and that it rejected the contention that due process under the Fourteenth Amendment provided a flat guarantee of counsel in state criminal trials. The paper relates that the rule of the case is simply that a person charged with a crime anywhere in the United States has the right to counsel, a right deemed fundamental and essential to any fair trial (Sixth Amendment), and, when the person cannot afford one, the state is obligated to provide one under the Fourteenth Amendment due process clause.
From the Paper "Ever since 'Betts' in 1942, the court struggled to apply the "special circumstances" aspect of the rule, and the legal problems inherent in the 'Betts' decision were all too evident. Professional comments on the 'Betts' decision, as maintained in law reviews following the decision, had at first been critical, and several Justices within the Supreme Court were already leaning towards its overruling. In fact, between the 'Betts' decision and the time Gideon wrote his letter, the Supreme Court held in favor of every state prisoner whose counsel claim it agreed to hear."
Abstract This paper addresses sexual harassment of women in the workplace. The author discusses the argument that women who use the court system as an outlet for their harassment diminish the progress of women in the workplace and arouses angry feelings from male co-workers. The paper also examines the frustration and anger that harassed women feel, but also how lawsuits filed by these women are getting out of control.
From the Paper:
"A sincere compliment, a reassuring hug, a pat on the back, discussing the latest sex scandal, a dirty joke, a sexual invitation, can a woman draw the line between a comfortable working environment and a hostile one? Since the 1991 trial when law professor Anita Hill filed sexual harassment charges against her former boss, Supreme Court Nominee, Judge Clarence Thomas, sexual harassment lawsuits filed in the United States have averaged 18,000 per year."
Tags: environment, harassment, lawsuit, sexual, women, work, anita, hill, wintors, john
Abstract The author of this paper shows how deciding at the Supreme Court level whether or not someone has had their constitutional rights violated or they are about to have their constitutional rights violated is not as easy as it sometimes appears to be. He examines the many factors that are looked at, which the public never sees because of the limited time and space the media has at its disposal. He shows that there are many arguments that are presented that the public does not hear and that deciding constitutional issues at the United States Supreme Court level is done after many variables and factors are taken into account. The writer uses several well-known examples to illustrate the decision the Supreme Court had to make and talks about how those decisions were made.
From the Paper "The United States Supreme Court follows a very basic pattern when the cases are brought before it. The initial system has to determine if there is enough evidence presented to have the Supreme Court uses its time to determine whether or not the constitutional rights of someone have been violated. The Supreme Court at this point does not have to decide whether or not the constitutional rights have been violated, but only if it appears there is a possibility that has occurred(Lewis, 1989). If so the court agrees to hear the case and the case is set for trial."
From the Paper "This paper is a study of the history of the awareness and understanding of the issue of sexual harassment as it first came to be defined in a legal case in 1977, as it had progressed when the Clarence Thomas hearings thrust it into public consciousness in 1991, and as the problem has come to be thought about in 1996, when suits against corporate giants such as Mitsubishi and Astra USA have come to routinely define harassment and emphasize the unacceptable nature of such discrimination. Although high-profile cases have arisen within the U.S. Navy (most notably in the Tailhook Convention scandal), in high schools and universities (where the problem can be harassment by a professor or by a fellow student), and in politics (the case of Senator Bob Packwood offers a significant example), this paper will concentrate specifically on the historical development of the..."
Examines the politics involved in the nomination of a new judge to the Supreme Court. Focuses on recent, ideological battles over the confirmation of nominees Robert Bork and Clarence Thomas.
2,475 words (approx. 9.9 pages), 8 sources, 1997, $ 87.95
From the Paper "Many Presidents have found that the persons they nominate to the Supreme Court make decisions that are not in accord with the ideological views of President himself. There was a time when Supreme court appointments were undertaken in a pro forma fashion. Then, the Court was not considered an institution with as much power or importance as Congress and the Executive even though the three branches of government were supposed to be equal to one another. Yet, more recently battles over Supreme Court nominees have been heated, showing a shift in attitude as more and more policies are set by legislative fiat based on a reading of the Constitution. Presidents today want those they nominate to follow their ideology closely, but there is still no guarantee that this will occur. Judges are human beings, and they change their views just as the public does, just as the political ..."
From the Paper "The purpose of this paper is to perform a rhetorical analysis on Clarence Darrow's closing speech in his own defense, given on August 14 and 15, 1912. It will evaluate the effectiveness of the speech in terms of his winning an acquittal of the charges of suborning bribery of a juror in another case, but also in terms of his overall goals as a lawyer.
Introduction
This specific speech was chosen for analysis for two reasons. First, it is clear that the speech was effective as a defense speech, because Darrow was acquitted; hence, an analysis can focus on why the speech was effective in this way. Second, the speech is nevertheless a tour de force. In other cases he argued, Darrow was in no personal danger if he lost the case, but in this situation he was in great danger; he would have gone to prison.."
From the Paper "Sexual harassment has become a major topic of discussion and concern recently not because it is a new problem, which it is not, but because of the notoriety given the subject by the Senate confirmation hearings for Justice Clarence Thomas and the allegations of Anita Hill raised at those hearings. This event made the nation more aware of the problem and initiated a debate on the subject that continues today. Many businesses have instituted policies regarding sexual harassment in the workplace and what to do about it both before it occurs and after, but many other companies have avoided taking the necessary steps and have either pretended that the problem does not exist or have simply failed to address it. Most business analysts today find that this is not the best approach; that some policy should be developed, implemented, and communicated in the organization both to prevent..."
From the Paper "Clarence Thomas was born in a small town outside of Savannah, Georgia, in 1948 (Brock, 1993, 62). When his father left the family, Thomas was still a young child, and his mother had to support Thomas, his older sister, and younger brother. At the age of 8, Thomas went to live with his mother's parents and helped his grandfather work on a truck. Thomas then attended a segregated Catholic school (Brock, 1993, 62). Later, during one of Thomas's speeches, he commented about this education, saying, "I grew up under state enforced segregation, which is as close to totalitarianism as I would like to get (Ibid., 63)." He also said that the household he grew up in was "more conservative than many who fashion themselves as conservative today (Ibid.)."
By the 11th grade, Thomas was attending the St. John Vianney Minor Seminary and was the only black student in his class."
Abstract This paper explores major philosophical dilemmas within the African-American political community. One vital issue discussed is the black community's rejection of a political conservative ideology. The paper focuses in particular on the Black Conservative's rejection of the Affirmative Action system.
From the Paper "The creation of "visible and aggressive" black conservatives began with the perspectives of Thomas Sowell. Sowell's book "Race and Economics" changed the ideology of many black elitists concerning the condition of black people. This book by Sowell had a very strong influence on many black scholars as well. An article titled "Unmasking the Black Conservatives" by Princeton University African American History professor Dr. Cornell West writes, ? Yet the bid for conservative hegemony in black political and intellectual leadership that was initiated by Sowell's book represents a new development in the post civil rights era? (West 1). Many blacks today believe the black conservative's philosophy is something new within our society, but that belief is quite contrary."
