Judicial Activism Essay

It is perhaps unsurprising that the liberal court led by Chief Justice Earl Warren from 1953 to 1969 invalidated federal, state and local laws at almost twice the rate of the Roberts court. But the more conservative court that followed, led by Chief Justice Warren E. Burger from 1969 to 1986, was even more activist, striking down laws in almost 9 percent of its cases, compared with just over 7 percent in the Warren court and just 4 percent in the Roberts court. The court led by Chief Justice William H. Rehnquist from 1986 to 2005 was also more activist than the current one, at 6.4 percent. In a new book, â€Å"Terms of Engagement,† Clark M. Neily III of the Institute for Justice, a libertarian group, calculated that the Supreme Court struck down just 103 of the 15,817 laws enacted by Congress in the half-century ending in 2002. â€Å"It is implausible,† he wrote, â€Å"to suppose the federal government hits the constitutional strike zone 99.5 percent of the time.† Mr. Neily urged the Supreme Court to be more active but rejected the phrase â€Å"judicial activism.† After the Supreme Court argument in the case in the spring of 2012, with things looking grim for the fate of his law, Mr. Obama tried to shift the terms of the discussion back to activism. â€Å"I’d just remind conservative commentators,† he said, â€Å"that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law.† Three months after Mr. Obama’s remarks, Chief Justice Roberts broke with his usual conservative allies and voted with the court’s four liberals to uphold the law. In a joint dissent, the four conservatives said the majority was wrong to portray its ruling as â€Å"judicial modesty† when â€Å"it amounts instead to a vast judicial overreaching.† In a recent essay, â€Å"Why We Need More Judicial Activism,† Suzanna Sherry, a law professor at Vanderbilt University, said the Supreme Court had erred more often in sustaining laws than in striking them down. â€Å"Too much of a good thing can be bad,† she wrote, â€Å"and democracy is no exception.† The article’s central claim is based upon political science research showing that the Roberts Court has been more likely to reach â€Å"conservative† decisions than its predecessors. Liptak reports: In its first five years, the Roberts court issued conservative decisions 58 percent of the time. And  in the term ending a year ago, the rate rose to 65 percent, the highest number in any year since at least 1953. The recent shift to the right is modest. And the court’s decisions have hardly been uniformly conservative. The justices have, for instance, limited the use of the death penalty and rejected broad claims of executive power in the government’s efforts to combat terrorism. But scholars who look at overall trends rather than individual decisions say that widely accepted political science data tell an unmistakable story about a notably conservative court. This distinction is important because the data presented by Liptak suggests that the Roberts Court is such a â€Å"conservative minimalist† court. Indeed, it appears to be the most restrained – or least â€Å"activist† (if â€Å"activism† is defined as willingness to overturn federal statutes or prior precedents) – Court since World War II. According to the data presented with the article in this chart, the Warren, Burger and Rehnquist Courts overturned precedents at an average rate of 2.7, 2.8 and 2.4 per term, respectively. The Roberts Court, on the other hand, has only overturned an average of 1.6 precedents per term. The record on striking down laws shows a similar pattern. The Warren, Burger, and Rehnquist Courts struck down an average of 7.9, 12.5, and 8.2 laws per term, whereas the Roberts Court has only invalidated an average of 3 laws per term. Liptak acknowledges this data at the close of his article, but downplays it with his description: â€Å"The Roberts court is finding laws unconstitutional and reversing precedent — two measures of activism — no more often than earlier courts.† So, while the majority of the Roberts Court’s decisions are â€Å"conservative,† the data Liptak summarizes does not appear to have resulted in a more â€Å"conservative† legal regime, as the Roberts Court has done relatively little to change the law (at least thus far) compared to its predecessors. This is important, because it effectively refutes claims that there is anything particularly radical or â€Å"activist† about the Roberts Court, even if one accepts that it is notably â€Å"conservative.† There is no evidence as yet that the Roberts Court is as willing to challenge federal power as the Court was under Burger (National League of Cities v. Usery) or Rehnquist (Lopez, Morrison, Boerne). There are exceptions, such as some of the Court’s Miranda decisions – which have certainly made the law less protective of criminal suspects and defendants – and Citizens United, but these exceptions are balanced by aggressive liberal opinions in areas like executive power and the death penalty. In sum, even if most of the Roberts Court’s decisions are â€Å"conservative† a substantive analysis of the Roberts Court’s decisions does not reveal a significant rightward shift in the law.

Act One Scene One of Measure for Measure

Act One Scene One of ‘Measure for Measure’ is a scene surrounded in ambiguity and complex character motives. In this scene the Duke of Vienna meets with his aged advisor Esacalus to discuss his immediate and unexplained departure from Vienna and his plans to appoint Angelo to rule in his stead. The play simply starts with the Duke saying â€Å"Esacalus†[1]. Using the noun in an almost imperative form is an indication of how much power the Duke really has and how much power the Duke will be handing over to someone as inexperienced as Angelo. This instantly begs the question why is he not leaving Escalus in charge? One opinion, which I support, is that the Duke is a Machiavellian Character who is hoping that Angelo fails so that when he returns the people will love him. Due to this manipulative attitude he cannot select Escalus as he may believe that Escalus may actually do a better job than him, something he cannot risk. This concept of deceit and manipulation is backed up by the fact that throughout the initial speech by the Duke he seems to actively aim to make Escalus feel of less value than he is worth. An example of this is â€Å"But that, to your sufficiency, as your worth is able†[2]. The use of words such as â€Å"sufficiency† appear to be designed to make Escalus feel like he is only just good enough and nothing more than that. That way the Duke does not disenchant him completely with the world of politics but instead keeps him in his place. This theory is backed up once more by Escalus’s response to the dukes rhetorical questioning in which he says â€Å"If any in Vienna be of worth [†¦] It is Lord Angelo†[3]. This line, I believe, would be read in an almost sarcastic way as if he is mocking Angelo and the Duke. Once Angelo arrives; the Dukes tone, while no less powerful and demanding, becomes more focussed on flattering Angelo than it does demoralising Escalus. The Dukes attempts at flattery such as, â€Å"Thyself and thy belongings are not thine own so proper as to waste†[4], promote the idea that the Duke really wants Angelo to take the position; perhaps he fears that if Angelo won’t then he will have to promote Escalus to the position instead. This section of the scene also introduces the idea and theme of Actions versus Words. This is primarily shown when Angelo says â€Å"Let there be some more test made of my metal†[5] implying that, while he is simply employing fake modesty, he is saying he should be tested further before he is given this position. The way the Duke says â€Å"We have with leavened and preparà ¨d choice proceeded to you†[6], I believe, is his way of saying we have talked enough on the matter brings the play back to Actions versus Words. Some people are of the opinion that the Duke is simply a bad leader who is fleeing when times turn bad. â€Å"Our haste from hence is of so quick condition that it [†¦] leaves unquestioned matters of needful value†[7] is one such occasion where this point is made as the Duke is leaving them and it appears he has not even come up with a valid reason to tell even his closet advisors and Lords. I believe that, while one cannot escape the fact that he is displaying all the qualities of a terrible ruler, this is not the primary reason for him leaving. On balance I believe that the Duke’s departure in this scene is due to the manipulative nature of his character and is driven by his desire to be loved by the people. The Duke does however claim that he does â€Å"not like to stage [himself] to their eyes†[8] but I believe this to be simple lies told by him to make himself look better and more modest in front of the other Lords, more people who he wants to love him. I believe this theory encompasses other plausible theories such as the idea that he is simply a bad leader and the theory that suggests he fears the people do not need a Duke anymore as through this theory the people would think him a great leader and they would realise that they did need a Duke. Due to this I believe it is the best theory to explain the Duke’s sudden departure.

Zheng's Contribution to World Regional Geography Research Paper

Zheng's Contribution to World Regional Geography - Research Paper Example Introduction Zheng He (1371-1435) may not be as well-known, at least in the west, as other explorers of medieval times such as Magellan and Columbus, even though he was earlier and covered a larger area. According to Bishop et al (2004, page 21) he was castrated while very young and taken from his home to the Beijing palace. However according to Israeli ( 2001) the admiral had already decided as a child, after hearing tales from his father, that he would travel across the seas and reach Mecca, the religious center of Islam. In order to do this however he lost home, family, his ethnicity and even his inherited religion of Islam. They cite the legend that even his name was invented. Background Working during what Iwabuchi et al refer ( 2004, page 129) to ‘ the expansive period of the Ming dynasty’ although not widely known, Zheng He is still remembered. In 2004 there were celebrations to mark the 6ooth year since his first voyage, although Jin Wu, a distinguished oceanic s cientist, admits that the literature on his discoveries is thin on the ground. According to Gunde ( 2004), following orders given by the then emperor Yongle, and later by his successor, Xuande. Bloom ( 2010) claims that the emperor was aware that:- The influx of foreign goods and currency would help swell his war chest, and, by enhancing his esteem abroad would help buttress his claim to the throne.’. Zheng He, a eunuch in the imperial service, led seven exploratory expeditions, beginning in 1405 and the last setting out in 1430. The emperor ordered the first voyage when he acceded to the throne and they ceased when he died. Rather strangely perhaps Finlay says that there is no way in which Zheng He could be regarded as an explorer, but purely as a military man acting on behalf of a very militaristic emperor. ( Finlay 2000, page 295) Finlay goes on to describe the controversy as to the long term value of the voyages ( Finlay 2000, page 296) describing how Needham had seen Zhe ng He as scholar leading a scholarly enterprise, in contrast to the aggressively colonizing men who followed him out into unknown seas over the next two centuries. He also cites Janet Abu-Lughod who declared that historians believe it is impossible to solve the riddle of why Zheng He’s voyages failed to lead on to world dominance for China. Also quoted is William McNeill who in 1998 said that â€Å"Chinese navigators might well have rounded Africa and discovered Europe before Prince Henry the Navigator died (in 1460)." Yet, just like Columbus who came later Zheng He :- often did not really even know where he was, believed that India was centered in the Middle East and that Christianity and Islam as well as Buddhism originated there. ( Bloom 2010) His purposes and achievements. When the Han Chinese people overthrew the Mongol invaders and created the Ming Dynasty late in the14th Century, as described by Bloom ( 2010) they inherited the already established fleet of ships, as w ell as a wide spread network of trade routes. The voyages of Zheng He built on these. The expeditions set out west from China, the first voyage reaching Sri Lanka, ( Maritime Lanka, undated) and later his ships went as far as the Cape of Good Hope on the southernmost tip of South Africa, building , at least for a time, a trading empire without imperialism, although Finlay ( 2000, page 294) , says that merchants were less important to the expeditions than the astronomers and geomancers i.e. those who measured the earth, as well as doctors and naturalists searching for new pharmacological useful materials. The mariners had two purposes – to let the world see the glories of the Ming dynasty, and also to enable the emperor to collect

Financing Delivery of Healthcare Services Article

Financing Delivery of Healthcare Services - Article Example The current public and private sources of funds for health care financing There are three major sources of healthcare financing for healthcare delivery services in Mexico. While some methods of financing covers the bulk of the financing burden, there are others which caters for only a small percentage of the country’s population, owing to the inaccessibility and unaffordable nature of such methods. The three methods of financing healthcare in Mexico include: General government Government plays a vital role in the financing of healthcare services in Mexico. The contribution of the general government to healthcare financing in this country ranges from 44 to 48% of the annual healthcare budget. In the years 2005, governments contribution to healthcare financing in Mexico was rated at 45.5% of the total healthcare spending, while the same was rated at 48% in the year 2009 (OECD, 2011). The government offers financing through the Ministry of Health, which is responsible for ensurin g that the public health institutions are financed and supplied accordingly, to ensure continuous provision of health services, especially to the rural poor and the people in the informal sector. Private Social Security Insurance The country has established a system of formal social security institutions that offer health insurance for the formally employed, which is financed through a tripartite contribution by the employer, the employee and the government (Cassels, 2005). This way, the social security insurance ensures that the formally employed as well as their families are offered health services, catered for by the tripartite contribution. For the year 2009, private social security insurance catered for 48% of the healthcare financing in Mexico (OECD, 2011). Out-of-pocket The country has a category of people who are not wholesomely covered by either the government or the private insurance financing services, and thus has to depend on their pockets to pay for the healthcare serv ices (Garman, Johnson & Royer, 2011). These are especially the category of people who have enlisted the services of private physicians. The current methods of acquiring money for health care services, research, and training There are various methods that are applied in the acquisition of money for healthcare services, research and training in Mexico. Some of these methods include household contributions through community. Angel financing is one of the methods of obtaining money especially for healthcare services provision, where the angel financiers offer their financing of healthcare in the form of medical loans (Frenk, 2006). Such loans are offered to individuals who are salaried, yet are not able to obtain other forms of financing for their healthcare needs, considering that it is a financing method that does not require any collateral provision to qualify for the loans, while also helping the beneficiaries to avoid their credit cards being burdened with loan charges and loan int erests (Johnson& Stoskopf, 2010). Government-to-Non-governmental Organization collaboration is yet another method that is applied in Mexico to acquire money for healthcare services, research and training. The Mexican government partners with the existing Non-governmental organizations that operate in the country, to provide the necessary funding for

Poetry Explication of The Silence of Women Essay

Poetry Explication of The Silence of Women - Essay Example She lashes out at men, not with any emotional remarks, but in a humorous way. She says that men get mellowed as they grow in age, or as they grow older, but women are diametrically opposite in nature. They give vent to their suppressed emotions through instinctive outbursts. According to the poet, women become emotional as they grow in age, for the simple reason that they have been submissive to men over the years. They never got any upper hand at home or at their work place, during their prime period. So, at a later stage, they express their subdued feelings by shouting out at their husbands. This helps them overcome their disappointment or unfulfilled ambitions. The poet feels sorry for those husbands or men who surrender to their wife’s irritation. It is obviously ironic on the part of men to be docile to their wife’s remarks, as they were once intolerant and impatient with their women. She cites examples of husbands being drawn to malls by their wives, or being ordered about in public places. Expressions like â€Å"hauled† â€Å"sit there! and don’t you move!† bear expression to the (excess) freedom of expression enjoyed by women at a later stage. The poet is not a feminist totally, but, through the poem, she wants to drive home the idea that women despite their love for their husbands all through their life, try to dominate them when they become weak in health or mind. The poem picturises the emotional drama of a woman, who loves her husband, but fails to be polite to him. The poet, being a woman, knows very well that woman never enjoyed equal status with men, right from their childhood days. This is the sole reason for women being antipathetic to their male counter parts, and it grows as they (women) grow in age. Fortunately or unfortunately, men tend to be more dependent on their wives as they grow old and get weak. It is purely psychological on the part of the poet to use the

Global Marketing Assignment Example | Topics and Well Written Essays - 1000 words - 1

Global Marketing - Assignment Example y than others and this means that for a nation to acquire certain commodities from such nations then they have to pay relatively higher prices (Weithers, 2011:44). The report above shows for a period of four years where the value for U.S Dollar has been steadily increasing. The figures show that more than 80% of the currencies studied have lowered in value as compared to the U.S Dollar. There are several reasons why the U.S Dollar has had an increase in value for the past four years. One of the reasons is the high demand of the dollar in the international market. With increased production and active participation in the international market, the U.S supplied the world with products and services and this increased the ‘attachment’ it has had through trade. To make their commodities valuable, an increase in currency value would occur. Market forces in the international trade are critical in determining the currency value of a country. Looking at those countries that U.S majorly supply, it is obvious that their currency is less valuable compared to the U.S Dollars. However, Britain and Switzerland have currencies that are much higher in value than the U.S dollar because of their control of the market in terms of supply (Towbin and Weber, 2011: 177). Among the things that the U.S government probably did was to regulate the interest rates so as to increase value for its currency. This might have been done through restricting and controlling the money that runs in the international framework. When the currency is not easily found yet it is on great demand, its value normally go up automatically. The U.S government might have also deliberately set certain elastic rates that change with time. For instance, within a period of 48 hours, the currency’s value goes up by some figure. Since the international traders need this currency to help them trade with other partners, they would still buy it at those ‘expensive’ prices making the value to progressively

Advertising Essay Example | Topics and Well Written Essays - 500 words - 8

Advertising - Essay Example However, choosing will depend on how appealing the song is to the public. At Blaze media, we have the task to help the band. We are going to run a test on the best songs before deciding on the one A medium used in advertising depends with the target group. Since the Pawnshop’s target is for people between ages of 18 to 40 years, it is very effective to used internet as a medium to market the music. Most youths spend most of their free time on the internet and majorly (Arens et al, 13) social sites. This will work very effectively because the message about the band will circulate among the internet users. Without disputing the possibility of having people above forty years who may have an interest in the band’s music, it will be very effective if we choose stage performances in clubs and hotels. This is another great medium. It brings the real band close to the fans who may feel so attached to it. Most expectedly, if the shows are very lively, a good number of the fans will love to buy a copy of the music album and may extend a helping hand to enable the group to expand. Since a good percentage of the advertisement is through social media and other related internet platforms, it is very important to make use of Ads so that interested parties and fans can follow the links to get to the home page for further details. Among the most important requirements is the use of catchy headlines. Though there are so many ways of making headlines and Ad links colorful, it must as well show some professionalism. Making a headline of the advert flashy will at times attract customers but may end up annoying most of them because of the excess application of technological effects. Therefore, it has to be simple, attractive and in a color that majority of the internet users are comfortable with. Creating a band in town app on social media like Face book makes it easy for the band to communicate with the fans who love using social sites. The app updates fans on when the band

Impeachment of two U.S. Presidents, Richard Nixon and Bill Clinton Essay

Impeachment of two U.S. Presidents, Richard Nixon and Bill Clinton - Essay Example A number of U.S Presidents were impeached from office, but the paper focuses on the comparison between Bill Clinton’s impeachment with Richard Nixon’s in the 1970s. In 1974, the United States court case against Richard Nixon took place. The Judiciary Committee passed three articles, but Nixon resigned from power prior to the vote by the whole House. The first article in accusation of Nixon stated that he had made misleading and false statements to try and cover up the Watergate allegation. Watergate was one of the plushest Hotels in Washington, yet its scandal was identified with the unlawful activities of the Nixon administration. It was carried out by five men employed by the re-election of Nixon’s campaign. It was organized to repair refined bugging instruments in the entire Democratic Party headquarters. The five men were paid with funds allocated for the Nixon re-election campaign. Investigations finally revealed that the administration upheld a â€Å"secre t intelligence fund† to probe political players and had intentionally spoiled Democratic campaigns by formulating leaks to the press. The second article argued that Nixon had breached the lawful rights of citizens and obstructed the due and right administration of justice. Clause three provided that Nixon failed to give some required information and papers to the House Judiciary committee. On the other hand, Bill Clinton’s charges in the U.S court case took place in 1998. Three articles of impeachment were created by the House Judiciary Committee, though just two were approved by the entire House. At the time when the articles were conveyed to the Senate, the number of majority vote of two thirds was not attained to make it possible to convict Clinton. The foremost item approved by the House gave the reason that Clinton had dishonored the constitutional oath by demoralizing the integrity of office as well as betraying his trust as the American President. Monica Lewinsky ’s sexual relationship with President Clinton was one of the reasons for his impeachment. Central to the entire scandal were claims that Lewinsky performed oral sex on Clinton. After the immunity test, Clinton was found innocent and resumed office. The other reason provided in the second article was that Clinton prevented, hindered, and obstructed the management of justice. The most notable fact in this case is that Nixon resigned but Clinton ignored the pressure and took it to an appeal and won the case. Nixon decided that he had to resign because he no longer had a strong political support in the Congress to enable him complete his term in Power. To him, the move was for the sake of the American citizens’ interests. On the other hand, Clinton made it clear that he was not ready to voluntarily leave office. He rejected the plea to resign even before the requests for him to step down were made. Again, he could not confess to breaking the law by lying under pledge conce rning his affair with Lewinsky, in the last hours of his impeachment. Clinton maintained that he had not committed perjury. From the above accounts, the differences between the reasons for impeaching the two presidents are clear. However, some similarities can be observed. Rationally, the articles state that both Clinton and Nixon obstructed and impeded the administration of justice. In addition, the two

Sustainable Logistic Case Study Example | Topics and Well Written Essays - 2500 words

Sustainable Logistic - Case Study Example Similarly, adoption of integrated information technology solutions will make the system more open, transparent and manageable. A grip over the operational and economic priorities in warehousing will amply streamline the logistic operations.Table of Contents Chapter Page I. A RESUME OF THE CURRENT SITUATION 5 II. STATEMENT OF THE MAIN ISSUES AND PROBLEMS 7 III. OUTLINE OF ALTERNATIVE OPTIONS 13 IV. RECOMMENDATIONS 14 V. IMPLEMENTATION 15 VI. ANALYSIS 16 Works Cited 17 Section I: A Resume of the Current Situation Going by the current statutory regulations and the general accentuated awareness about plastic recycling, plastic re-processing firms definitely have an immense potential in the present times. Still on primary problem with PlastCo is its inability to streamline its procurement of plastic waste. Despite there being an abundance of the plastic waste being generated in the UK, PlastCo seems to be having problems in accessing the reliable and dependable vendors of plastic waste. The firm has failed to chalk out a strategic and planned approach towards vendor...Information management is the key factor that determines success in logistical operations. PlastCo has failed to incorporate integrated information technology solutions within its logistic and supply chain management operations. The information portals are outdated and inefficient. One other aspect that is jeopardizing the logistic viability of PlastCo is its inability to define the operational and economic functions of the warehouses at its disposal. A possible realignment of the operational mechanisms within its warehouses will certainly add to the firm’s efficiency and cost effectiveness. Maintenance of cordial and symbiotic channel relationships will bring in an element of predictability to its plastic waste requirements. Similarly, adoption of integrated information technology solutions will make the system more open, transparent and manageable. A grip over the operational and economic priorities in warehousing will amply streamline the logistic operations. Going by the current statutory regulations and the general accentuated awareness about plastic recycling, plastic re-processing firms definitely have an immense potential in the present times. Still on primary problem with PlastCo is its inability to streamline its procurement of plastic waste. Despite there being an abundance of the plastic waste being generated in the UK, PlastCo seems to be having problems in accessing the reliable and dependable vendors of plastic waste.Prompt and reliable information is the backbone of successful logistic operations.