Abstract The paper discusses three judges and why they were nominated as Supreme CourtJustices. 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
Abstract Established in the 1950s, the EuropeanCourt of Justice (ECJ), located in Luxembourg, is the judicial branch of the European Union. What is its structure? How does it function? Is it influenced by any of the member nations of the European Union? Those are some of the questions, among others, I will be exploring in this paper, which will include some of the cases that have come before the court, its decisions and its role in Europe today.
Abstract The EuropeanCourt of Justice (ECJ) is a legal body within the construct of the European Union (EU) that handles legal disputes and defends the "Treaties of the European Union". This paper discusses how, up until now, the ECJ has played a central role in the ongoing development and evolution of the EU and how now it is taking a larger role within the context of EU commercial treaties and regulations involving both national and private entities.
From the Paper "Another method of access to the ECJ are the proceedings for failure to fulfil an obligation or similar. These proceedings are nothing more than the ability of the Commission or even a member state to start the proceedings within the ECJ's jurisdiction that will require another member state to comply with a relevant EU law or treaty (Tallberg 76). One example of this regulatory role of the ECJ is the ECJ's ruling that instructed France to accept British beef following the denouement of the mad cow scare several years ago (Tallberg 77). "
Abstract This paper describes the professional life of American Supreme CourtJustice Louis D. Brandeis. The paper claims that of the justices on the Court at that time, Brandeis seems to stand out as a thoughtful, progressive and influential justice. The paper examines several of his well-known dissenting opinions. The paper contends that while his effect on criminal procedure was minimal, except perhaps in a philosophical sense, Brandeis' main efforts were spent in protecting civil rights.
From the Paper "Amazingly few people have sat on the Supreme Court bench since the founding of the United States, as the justices are appointed for life, or until they chose to retire. It is not surprising, therefore, that a few names are common knowledge for quite a number of people. Older Americans tend to know one or two of the current justices, possibly more, and many of those same people know the names and general philosophies of such ground-breaking opinion writers as Earl Warren and Thurgood Marshall. Some also know the name John Jay, a member of the first sitting court, from their grade school history lessons. A few know William O. Douglas because of his extraordinarily long life and service. OF current justices, many people know the names Sandra Day O'Connor and Ruth Bader Ginsburg because they are the first and second women, respectively, appointed to the Court."
Abstract The paper relates that the Constitution attempts to secure "justice for all", but goes on to explain that the definition of justice is often in conflict depending upon the viewpoint from which it is considered. The paper discusses the need for political justice and illustrates how politics can override social justice when the President only appoints Supreme Courtjustices with a specific set of values. The paper also deals with social justice as it relates to the gay community, disabled, women, people of a certain skin color or religion, or the aged and the issue of legal justice. The paper asserts that American citizens should not be forced to allow those in political or financial power to victimize or discriminate against them and strongly maintains that justice is served only if due consideration is given to all parties and all sides involved.
From the Paper "The concept of justice involves human relationships within society. As such, the term is fluid and flexible, always changing to accommodate the particular situation it refers to. Justice can for example refer to an outcome that is satisfying for all parties involved, while in other cases, society can be satisfied, but the perpetrator of a crime is punished and feels that justice is not served. In criminal justice, cases may also occur where the accused is wrongfully convicted, in which case society is satisfied, but in truth justice has not been served. Justice can also refer to social relationships. Social justice for example includes the way in which different sectors of society, such as men, women, people of different races, the disabled, etc. interact with each other. Social justice is not served when discrimination occurs. The Constitution attempts to secure "justice for all"."
Abstract This paper examines how historically, the Supreme Court has supported capital punishment by citing the Fifth and Eighth Amendments and how once the death penalty is inspected beyond the scope of the Constitution, it clearly has no effective role in society today. It discusses the U.S. Supreme Courtjustices' literalist view of Amendments V and VIII, the Constitution as an evolving document and various death penalty-related legislature passed by Congress. It concludes that the only alternative to the death penalty is to have no death penalty at all.
From the Paper "Aside from being allegedly arbitrary, the death penalty has been criticized for the finality of the sentence. If, for example, an innocent man is executed, then justice cannot be served. Though the possibility of error is slim to none, Congress has nonetheless been disparaged for passing the Anti-Terrorism and Effective Death Penalty Act of 1996. The act not only "set a one-year deadline for submitting a habeas corpus petition after state appeals are exhausted but also limited prisoners to one appeal in most cases.". The implications were clear: Congress sought to deter prisoners from filing repeated and groundless petitions merely to stall their executions."
An examination of the background and accomplishments of supreme courtjustices, John Jay and Samuel Alito, as well as their Presidents, George Washington and George W. Bush.
Abstract This paper discusses two supreme courtjustices 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 essay discusses the history of expansion of the power of the EuropeanCourt of Justice (ECJ) jurisprudence over the legislation of European Union member states, and examines several explanations for this expansion. The author then considers how this application of ECJ law impresses on the integration of the acquis communitaire into the administration of both the existing member states and the accession states. The paper concludes with a brief discussion of the implications that the expanded role of the EuropeanCourt of Justice may hold for the future of the European Union.
Introduction
Expanding Role of the EuropeanCourt of Justice Role of the ECJ in the Integration of EU Policy
into "Sovereign" States & Implications for the Future of
the European Union
Conclusion
From the Paper "Since the 1950's the European Court of Justice's role in European society has grown dramatically. This growth has perhaps been unnoticed by politicians in the various member states of the European Union. Additionally, most political scientists have largely ignored the European Court of Justice.[1] The expansion of the ECJ has reached a point where ECJ jurisprudence is being used by national courts to overrule some laws promulgated by national legislatures![2] Given that no existing treaty within the EU provides this sort of autonomy or authority to the ECJ [3], one would not be silly to question how such a situation has come about."
Tags: community, court, european, union, enlarge, effect, law
Abstract The paper discusses the United States Supreme Court and history of the justices that comprise it. The paper further examines the background of the justices and how the court became associated with the matter of the U.S. Constitution. The paper also discusses the requirements of office, the duties of the court, and the nomination and confirmation process that is associated with positions on the court. Finally, the paper examines current issues within the court and makes determinations based on the research.
From the Paper "The Supreme Court of the United States has been responsible for law that has altered the lives of every American. Cases such as Roe v. Wade, Plessey v. Ferguson, and Brown v Board of Education have spoken to significant issues within society, and have created the framework for how society will function throughout time. While it did not appear that the initial court would ever have such an impact on the country, the expertise of the judges that have served on the court altered that opinion, allowing the court to become the most dominant judicial force within the United States. The United States Constitution gave the duties of forming a court system in the country to the United States Congress through Article III, Section I. "
Abstract Since the end of the Second World War, the number of international bodies dedicated to maintaining peace a general rule of law among nations has grown exponentially. This paper examines one of the more prominent of these international bodies, namely the International Court of Justice, and look at its history, organizational structure and duties in an effort to ascertain its role within the modern international system. The paper also reviews the key historical cases, treaties and current activities of the court inasmuch as these items have and will continue to shape the court far in the future.
Abstract The paper discusses the appointment and unanimous confirmation of Justice Sandra Day O'Connor to the Supreme Court. The paper shows how O'Connor demonstrated the fact that women, especially women of caliber, had every right to come and go from the workplace without sanction. The paper also looks at how O'Connor was integral to several monumental court decisions. The paper concludes that O'Connor proved her worth as a justice and demonstrated immense skill in the resolution of extremely difficult legal questions posed to the court.
From the Paper "Traditionally nominations to the supreme court have been a very political act of the executive branch of government, as it is a singular power of the president that frequently goes by with only limited challenges from congress and the nomination if approved is a nomination for life, unless the justice chooses to step down. The legacy, therefore of the Supreme Court appointment can be long and prosperous for a president as they tend to seek out candidates who share commonalities with themselves and their political party and the opportunity of a president to nominate a Supreme Court Justice does not come frequently due to the length of the office."
Abstract This paper discusses the life and career of Clarence Thomas, U.S. Supreme CourtJustice. 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."
Tags:court, scalia, supreme, antonin, justice, bush, hill, anita, nomination, abortion
Abstract This paper explains that all the Supreme Courtjustices read the same law but may have different philosophies regarding how to apply precedent and what sort of mindset to use in making a decision. The author reviews some of the differences and their sources in the decisions and writings of Justices Antonin Scalia, William H. Brennan and William Rehnquist. The famous case of "Roe v. Wade" is also presented to illustrate the interaction of the differing philosophies of the justices used in reaching a decision.
From the Paper "What many see emerging, then, is a precedent-bound common-law system, and for Scalia, this system is in opposition to the overriding system of democracy. With the advent of that institution, law was made by the people through their representatives and had more power as a result. He supports the idea that laws are made by the legislature and that laws made by judicial interpretation are weak. While this might seem self-evident as stated, in practice it is not that simple, and Scalia has to address the complexities in his essay even if he may suggest ignoring them."
Tags: textualism, constitutional interpretation, originalist, facile historicism, founders
Abstract This paper discusses the nomination of John Roberts to the position of Supreme CourtJustice. 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 This paper examines the constitution against the decisions of the Supreme Court and evaluates how the meaning of the U.S. Constitution has been shaped by the personalities, philosophies and composition of the members of the U.S. Supreme Court. The writer compares and contrasts two U.S. Supreme CourtJustices with different philosophies of law and interpretation. The paper covers the theory and cites specific case examples and their impact on the United States.
From the Paper "We live in what is supposed to be the best nation on earth. We have freedoms that many do not have and we have opportunity that many never see. This country is one that embraces diversity and personal rights. While we have all of these things we have also reached a point in our existence where there are so many people and so many diverse ideas that its difficult to sort out what is and isn"t a constitutional right sometimes. The Supreme Court is often charged with making those decisions, which outs the Supreme Court in the position of not only interpreting the constitution but also shaping it as well by its decisions and rulings.?
Tags: government, run, structure, parliament, president, judge, court, decide, law
