...One would be directly elected by the people and the second would selected by the first house from people nominated by the state legislatures. Further, the president and national judiciary would be chosen by the national legislature. On the other hand, the New Jersey Plan wanted a more decentralized plan amending the old Articles yet allowing for a somewhat stronger government. Each state would have one vote in Congress. The Great Compromise combined these two plans creating our current legislature with two houses, one based on population and elected by the people and the other house allowing two senators per state being appointed by state legislatures. SS CONSTITUTION was developed and built in response to the threat of Barbary corsairs, which threatened American merchant shipping off northern coast of Africa. Following the American Revolution, the United States' Continental Navy and disbanded, leaving the new nation without a credible seapower to defend its interests abroad. Signed into law on March 27, 1794 by President George Washington, the Naval Armament Act called for the construction of six frigates, to be built at shipyards along the eastern seaboard. The 44-gun USS CONSTITUTION, built in Boston, was launched on Oct. 21, 1797. Following the American Revolution (1775-1783), the United States was a neutral and successful maritime trading party with England and France, countries that had been at war with each other since 1793. The British imposed embargoes and trade...
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...A Strong Central Government By Emmanuel Chenny PPA 601 Foundations of Public Administration Instructor: Leon Daniel September 13, 2013 Unlike America, France is a republic with a stronger national government called the fifth republic. The federal system of government as defined by the Oxford dictionary and the constitution is the separation of powers among the three branches of government namely: the executive; the legislative and the judiciary. It is also structured to give the states greater powers equivalent to powers exercised by most independent countries around the world especially in the area of public education and the establishment of civil and criminal laws. This system is set up in such a way that the powers between the states and the central government are divided with the states sharing its powers with the local government. The powers given to the states and the national government are well defined by the constitution which guide such and help mitigate any conflict of interest. In the past, the states used to have almost an absolute power over education, public safety, consumer protection and environmental protection. Recently, such powers have been eroding due to the increasing role of the federal government in these areas which may be good or bad depending on who is being asked. The fact that the world is fast changing than it was decades or centuries ago due to the increased global threat in terrorism,...
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...those positions. For many decades the criminal justice system was a male-dominated field and although men still hold a majority of these positions, more women are stepping up and taking initiative to lead in these areas. “In most cultures across the globe, males hold more power and privilege—both publicly and privately—than females. Men control more of the wealth, hold the highest position in government and industry, control the military, make more scientific and scholarly discoveries, and are more prominent in sports and entertainment than women” (Goodstein). This paper will discuss the roles of women in the criminal justice system and will attempt to explain their struggles along with them entering into a leadership role. Throughout America history and policing history in general, the number of women employed in policing has been low. Women have performed various duties since the 1800s. such as spies, agents, detectives, and undercover agents, etc. for governmental and military intelligence organizations and for...
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...African American History Since 1865 Alishia Colella HIS 204 American History Since 1865 Instructor Thomas Roka March 11, 2013 African American History Since 1865 Most individuals are probably familiar with the well-documented information regarding African American history, such as the Civil Rights Movement and Dr. Martin Luther King, Jr., but there are also many little known facts about their history that are of equal importance. African Americans have been present in the United States ever since the early 1600s and their presents plays an important role in American history not only because of the Civil Rights Movement, but because of the strength and courage that they had struggling to try and live a good life in America. History is rife with records of decades of untold torture and harrowing experiences that African American slaves suffered from at the hands of their captors and masters; they were even denied all natural rights as human beings and forced to live like animals. In all actuality, a slave was viewed as one-third of a person and the property of their owner(s), treated as an object instead of a person. Therefore, one could assume that after their emancipation, life would have become significantly better because the slavers were free to move away from the torturous hands of their masters. However, most of them faced incredible opposition and discrimination even after emancipation. Thus by and large, did not truly free them nor did it directly lead...
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...principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.[6] Constitution of the Philippines From Wikipedia, the free encyclopedia Constitution of the Philippines Created October 15, 1986 Ratified February 2, 1987 ...
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...candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through the Exploration of important theories such as the “Social Contract” theory and the concept of the “Natural Law”: -Forms and Functions of Government +Authority- The ability of public institutions and the officials within them to make laws, independent of the power to execute them. +Democracy- Form of government in which the people, either directly or through elected representation, hold...
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...treatment due to the erratic and unpredictable nature of juvenile delinquents who refuse to follow the law. The age ranges for juveniles that are being considered in this study are 12-18 years old. I want to address the ever growing problems of racial disparity and incarceration of juvenile delinquents, who tend to not have any other options, but being arrested and are preyed upon because of their racial make-up. Single parent households, lack of education, supervision, and economics are some of the contributing factors which have lead many juveniles down the road to their deviant behavior. Data has been collected to try and understand the reasons for the defiant behavior of juveniles, so advocates may assist them in remaining with their families; through constant monitoring and evaluations of behavior and actions of our children they may stand a significant chance of growing up to be prosperous and productive adults. Also increased funding through the Juvenile Justice Prevention Act will help local state and county municipalities’ kick-start programs to assist today’s youth. Keywords: juvenile delinquents, incarceration, racial disparity, juvenile justice, racial discrimination, jail, juvenile courts The history of juvenile delinquency and racial disparity has gone hand in hand for a very long time and appears to have no end in sight. The first thing that needs amending is the mind set of people that feel one race of people is better than another. We all are on an equal...
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...Cyber Crime The internet in Bangladesh is growing rapidly. It has given rise to new opportunities in every field we can think of – be it entertainment, business, sports or education. There are two sides to a coin. Internet also has its own disadvantages. One of the major disadvantages is Cyber crime – illegal activity committed on the internet. The internet, along with its advantages, has also exposed us to security risks that come with connecting to a large network. Computers today are being misused for illegal activities like e-mail espionage, credit card fraud, spams, and software piracy and so on, which invade our privacy and offend our senses. “The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb”. The term ‘cyber crime’ has been evolved from two words ‘cyber’ and ‘crime’. ‘Crime’ is more or less known to each individual on his own stand point, while ‘cyber’ is almost vague in meaning to the same. So if any time anybody uses the prefix ‘cyber’, we simply mean, he is talking about something is doing online or there has certain networking system. Actually anything related to Internet falls under the cyber category. Computer crime or cyber crime is a form of crime where the Internet or computers are used as a medium to commit crime. Issues surrounding this type of crime have become high-profile, particularly those surrounding...
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...CHAPTER 1 THE PROBLEM AND ITS BACKGROUND Introduction Pawnshops have been around in one form or another for the past 3,000 years. They offer services similar to those of modern banking institutions including loans, consignments, and storage. A good pawn broker buys items for a reasonable price and sells them at a discount. The pawn industry is about making money, and that means repeat business and reasonable dealings. A good pawnshop will carry a variety of items including jewelry, tools, antiques, furniture, knives, guns, crossbows, camping gear, and everything and anything you could imagine being of value and sellable. Some pawn shops even buy and sell cars, motorcycles, and aircraft. In the Philippines Pawnshop Operation is guided/ covered by Presidential Decree No. 114 Sec. 1-2 as: This decree may be cited as the Pawnshop Regulation Act, which stipulated according to that: “ It is hereby declared the policy of the State to regulate the establishment of pawnshops and to place their operation on a sound and stable basis to derive the optimum advantages from them as an additional source of credit; to prevent and mitigate, as far as practicable, practices prejudicial to public interest; and to lay down the minimum requirements and standards under which they may be established and do business...” The word "pawn" comes from the Latin word "pignus," which means to pledge. When someone has an item of worth on which they would like to receive a monetary loan, they take that...
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...a red maple leaf. On the right is a lion rampant flying the Union Flag. On the left is a unicorn flying a fleurs-de-lis flag. A red ribbon around the shield says "desiderantes meliorem patriam". Below is a blue scroll inscribed "A mari usque ad mare" on a wreath of flowers. Flag Coat of arms Motto: A Mari Usque Ad Mare (Latin) "From Sea to Sea" Anthem: "O Canada" Royal anthem: "God Save the Queen"[1][2] Projection of North America with Canada in green Capital Ottawa 45°24′N 75°40′W Largest city Toronto Official language(s) English and French Recognised regional languages Chipewyan, Cree, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, Slavey (North and South) and Tłįchǫ[3] Demonym Canadian Government Federal parliamentary democracy and constitutional monarchy[4] - Monarch Elizabeth II - Governor General David Johnston - Prime Minister Stephen Harper - Chief Justice Beverley McLachlin Legislature Parliament - Upper house Senate - Lower house House of Commons Establishment - British North America Acts July 1, 1867 - Statute of Westminster December 11, 1931 - Canada Act April 17, 1982 Area - Total 9,984,670 km2 (2nd) 3,854,085 sq mi - Water (%) 8.92 (891,163 km2/344,080 mi2)...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...ENGLISH ONLY COURT CASES INVOLVING THE U.S. WORKPLACE: THE MYTHS OF LANGUAGE USE AND THE HOMOGENIZATION OF BILINGUAL WORKERS’ IDENTITIES KARI GIBSON University of Hawai‘i Title VII of the 1964 Civil Rights Act protects against discrimination in employment on the basis of race, color, sex, religion and national origin. However when the judicial system has examined English only workplace policies in light of Title VII, it has generally determined that such policies are not discriminatory if an employee is able to speak English. Although plaintiffs have argued that language is inextricably linked to national origin and cultural identity, the courts have stated that the use of a language other than English is detrimental to the morale of monolingual English speakers and a single language is necessary to ensure workplace harmony and proper management. This paper examines the court cases where English Only workplace policies have been challenged, and identifies the prevalent myths and ideologies held by businesses and the courts about language use, identity, and bilingual speakers. Through the process of homogeneism, linguistic diversity is rejected as monolingual English speakers are able to create and enforce rules that favor themselves as they construct the identity of “American” in their own image. Language is a central feature of human identity. When we hear someone speak, we immediately make guesses about gender, education level, age, profession, and place of origin....
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...Majority had decided. In analyzing the Line Item Veto Act under separation of powers, this note argues for a functionalist approach, recognizing the need for a workable government, as opposed to the more textual, narrow formalist approach. Because the Line Item Veto Act did not violate separation of powers or threaten our tri-partite system of government, the Court should not have struck down the Act as an unconstitutional delegation but should have instead upheld the Act as a sound policy decision of both Congress and the President. II. The Line Item Veto Act In 1996, the Line Item Veto Act was signed into law. With the purpose of promoting savings, ensuring fiscal accountability, eliminating wasteful federal spending, and eliminating certain special tax breaks, the Act gave the President the authority to cancel three types of provisions that had been signed into law: “(1) any dollar amount of discretionary...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out of three components: (a) judicial power; (b) civil jury trial; (c) law‐equity ; 2) Written Constitution ...
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