...fair random method. Then, a list of names for the jury are collected from Voter's registration and driver's license or state ID renewals. Next, there are summonses mailed to different citizens and that’s where a panel of jurors are appointed to a courtroom and randomly picked to serve in the jury box. Third, the judge and attorneys have an option whether or not to challenge for a cause argument or use one of the peremptory challenges based on jurisdiction. Lastly, the jury in certain jurisdictions must be death qualified to remote those who are opposed to the death penalty. Here are a few cases that helped controlled the systemic discrimination of the courts in this process: 1880 decision of Strauder v. West Virginia, United States v. Nelson, Swain v. Alabama, Purkett v. Elem, and Batson v. Kentucky just to name a few. Jury nullification is used in relation to diversity because it's based on an ultimately destructive sentiment of racial kinship that prompts particular individuals of given race to care more about their own than people of race, stated Kennedy. Peremptory challenge is where the jury selection has a right for the attorneys to get rid of a lot of potential juror without to state a reason why. While on the other hand, other potential jurors may be challenged for a cause why...
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...I. The Right to a Trial by Jury: The Threat of Extinction, Limited Availability & Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort to a strike till the expiry of a period of five years; nor could the management declare a lock out till then. Any dispute arising between the parties, according to the terms arrived at were to be sorted out through negotiation or, failing that by recourse to arbitration. The matter was therefore, referred to an arbitrator and the arbitrator by his award held the action cf the management...
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...------------------------------------------------- Development of laws and customs Assignment – History [Date] Arjun pk Roll No. 931 [Date] Arjun pk Roll No. 931 DEVELOPMENT OF LAWS AND CUSTOMS Assignment – History Submitted By Arjun PK Roll No. 931 Second Semester National University of Advanced Legal Sudies(NUALS) Kochi - Kerla Index Introduction (3) Theories Regarding the origin of Law (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality...
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...human rights occurred regularly. The courts were also reluctant to review these powers because, they were restricted by rules, for example there was a rule that judicial control does not extend to government’s policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action and decisions, the system of Parliamentary supremacy allows the government to easily exclude the courts power of review via the so-called ouster clauses. The promulgation of the interim and the final constitution has brought...
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...Advance Edited Version Distr. GENERAL A/HRC/12/48 15 September 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Twelfth session Agenda item 7 HUMAN RIGHTS IN PALESTINE AND OTHER OCCUPIED ARAB TERRITORIES Report of the United Nations Fact Finding Mission on the Gaza Conflict ∗ ∗ Late submission A/HRC/12/48 page 2 Paragraphs Page EXECUTIVE SUMMARY PART ONE INTRODUCTION I. II. III. METHODOLOGY CONTEXT EVENTS OCCURRING BETWEEN THE “CEASEFIRE” OF 18 JUNE 2008 BETWEEN ISRAEL AND THE GAZA AUTHORITIES AND THE START OF ISRAEL’S MILITARY OPERATIONS IN GAZA ON 27 DECEMBER 2008 IV. APPLICABLE LAW PART TWO OCCUPIED PALESTINIAN TERRITORY: THE GAZA STRIP Section A V. VI. THE BLOCKADE: INTRODUCTION AND OVERVIEW OVERVIEW OF MILITARY OPERATIONS CONDUCTED BY ISRAEL IN GAZA BETWEEN 27 DECEMBER 2008 AND 18 JANUARY 2009 AND DATA ON CASUALTIES ATTACKS ON GOVERNMENT BUILDINGS AND POLICE VIII. OBLIGATION ON PALESTINIAN ARMED GROUPS IN GAZA TO TAKE FEASIBLE PRECAUTIONS TO PROTECT THE CIVILIAN POPULATION VII. A/HRC/12/48 page 3 IX. OBLIGATION ON ISRAEL TO TAKE FEASIBLE PRECAUTIONS TO PROTECT CIVILIAN POPULATION AND CIVILIAN OBECTS IN GAZA X. INDISCRIMINATE ATTACKS BY ISRAELI ARMED FORCES RESULTING IN THE LOSS OF LIFE AND INJURY TO CIVILIANS XI. DELIBERATE ATTACKS AGAINST THE CIVILIAN POPULATION XII. THE USE OF CERTAIN WEAPONS XIII. ATTACKS ON THE FOUNDATIONS OF CIVILIAN LIFE IN GAZA: DESTRUCTION OF INDUSTRIAL INFRASTRUCTURE, FOOD PRODUCTION, WATER INSTALLATIONS, SEWAGE...
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...and genocide that took the lives of 2,000 Tutsis. The trial court chamber of three judges, two men and one woman, had an unprecedented opportunity to clarify whether rape during internal armed conflict constitutes genocide as well as a crime against humanity. Nongovernmental organizations worked to "engender" the Tribunal while holding accountable the Hutu leaders who orchestrated genocide. The critical 1998 verdict influenced states negotiating improved standards for the prosecution of sexual violence and the creation of a permanent International Criminal Court. "Rape and Genocide in Rwanda" addresses current issues of international law, human rights, women in politics, African Studies, judicial procedure, legal and moral reasoning. RAPE and Genocide IN RWANDA: The ICTR’s Akayesu Verdict CASE OUTLINE I. An Unprecedented Opportunity Glossary and Map II. Prior Responses to Sexual Violence in War A. From “Time Immemorial” to 1948 B. From the 1949 Geneva Conventions to an International Criminal Court III. Genocide In Rwanda A. A Colonial Legacy of Ethnic Division B. Mass Killing, Rape and the 1994 U.N. Withdrawal IV. The U.N. Creates a Criminal Tribunal for Rwanda V. The Trial of Jean-Paul Akayesu Trial Chronology and Key Individuals VI. Issues for Judgment A. Threshold Requirements B. Distinctive Crimes? VII. The ICTR’s Akayesu Verdict A. The Decision and Rationale B. Issues on Appeal ...
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...Information Access Centre (LIAC). Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting...
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...Chapter 1 1. Introduction “A highly successful organization is built on the strengths of exceptional people. No matter how much technology and mechanization is developed, no organization could survive and prosper without them”. --- Luszez and Kleiner, 2001 The most important corporate resource over the next few years will be talent: smart, sophisticated business people who are technologically literate, globally astute, and operationally agile. And even as the demand for talent goes up, the supply of it will be going down (Fishman, 1998 cf. Trank et al., 2002). This seems to particularly hold true in case of the motor vehicle industry in Bangladesh which requires high quality and highly skilled labour force to cater to the rapidly increasing global demand for communication services but is currently facing an increasing shortage of skills supply. Moreover, due to shortages of skilled workers, high turnover rates, and rapid business growth in the service sectors, it has been noted that recruiting, selecting, and placing applicants are among the top three priorities of human resource professionals (Bureau of National Affairs, 2000; Straus, Miles, and Levesque, 2001 cf. Bauer et al., 2004). Since the motor vehicle industry in Bangladesh is faced with these three challenges, recruitment and selection comprises an important human resource practice in this industry. Further, in this industry, human resources comprise...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan 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...
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...Made By Jason & Franklin. This Document Is Strictly Prohibited For Commercial Purposes Without Authorization. List 1 GRE Verbal 750 Quantitative 800, AW 5.5 2008 10 Princeton, MIT, M. Fin Unit 1 ABANDON A B D I C AT E ABASE ABERRANT ABASH ABET A B AT E A B E YA N C E A B B R E V I AT E ABHOR abandon [ 1 n. ] carefree, freedom from constraint added spices to the stew with complete abandon unconstraint, uninhibitedness, unrestraint 2 v. to give (oneself) over unrestrainedly abandon herself to a life of complete idleness abandon oneself to emotion indulge, surrender, give up 3 v. to withdraw from often in the face of danger or encroachment abandon the ship/homes salvage 4 v. to put an end to (something planned or previously agreed to) NASA the bad weather forced NASA to abandon the launch abort, drop, repeal, rescind, revoke, call off keep, continue, maintain, carry on abase [ 1 v. ] to lower in rank, office, prestige, or esteem was unwilling to abase himself by pleading guilty to a crime that he did not commit debauch, degrade, profane, vitiate, discredit, foul, smirch, take down elevate, ennoble, uplift, aggrandize, canonize, deify, exalt abash [ 1 vt. ] to destroy the self-possession or self-confidence of ,disconcert, embarrass Nothing could abash him. discomfit, disconcert, discountenance, faze, fluster, nonplus, mortify embolden abate [ 1 v. ] to reduce in degree or intensity / abate his rage/pain taper off intensify 2 v. ...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...cover next page > title author publisher isbn10 | asin print isbn13 ebook isbn13 language subject publication date lcc ddc subject : : : : : : : : : : : cover next page > < previous page page_i next page > Page i 1100 Words You Need to Know Fourth Edition Murray Bromberg Principal Emeritus Andrew Jackson High School, Queens, New York Melvin Gordon Reading Specialist New York City Schools . . . Invest fifteen minutes a day for forty-six weeks in order to master 920 new words and almost 200 useful idioms < previous page page_i next page > < previous page page_ii next page > Page ii © Copyright 2000 by Barron's Educational Series, Inc. Prior edition © Copyright 1993, 1987, 1971 by Barron's Educational Series, Inc. All rights reserved. No part of this book may be reproduced in any form, by photostat, microfilm, xerography, or any other means, or incorporated into any information retrieval system, electronic or mechanical, without the written permission of the copyright owner. All inquiries should be addressed to: Barron's Educational Series, Inc. 250 Wireless Boulevard Hauppauge, NY 11788 http://www.barronseduc.com Library of Congress Catalog Card No. 00-030344 International Standard Book Number 0-7641-1365-8 Library of Congress Cataloging-in-Publication Data Bromberg, Murray. 1100 words you need to know / Murray Bromberg, Melvin Gordon. p. cm. Includes index. ISBN 0-7641-1365-8 1. Vocabulary. I. Title: Eleven hundred words you need...
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...I-Introduction: The term "realism" was first used to formulate the philosophical doctrine that "universals exist outside of the mind" (Freyberg-Inan, 1). Yet, in political theory, "realism" represents a school of thought that analyzes the political process as it is or as it is disclosed by historical forces " ... that the able political practitioner takes into account ... and incorporates ... into his political conceptions and his political acts "(Ibid, 1-2). In the field of international relations, realism became the dominant analytical paradigm mostly after the start of the Second World War, when it displaced idealist doctrines, promising "to provide more accurate information, more powerful, and more relevant answers" to the roots or causes of peace and war (Brecher& Harvey, 54). At the same time, many features of the current realist paradigm can be traced back to the time of Thucydides, Niccolo Machiavelli and Thomas Hobbes. Among contemporary thinkers recognized as major writers and contributors to the realist tradition are Hans Morgenthau, Edward Carr and Kenneth Waltz (Freyberg-Inan, 8). What are then the basic tenets or common features of a realist thinker? Machiavelli would acknowledge that to be a realist one has to look at history as "a sequence of cause and effect whose course can be analysed and understood by intellectual effort, but not directed by imagination" (Carr, 64). Hobbes would persist in the same train of thought and insist that to be a realist thinker...
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