Essay #1 – Judicial Activism Do we need judicial activism to flesh out the vague phrases in the Constitution? This question is truly at the heart of the topic. Do we need judicial activism to protect our rights? What exactly are our rights? While this may seem like a silly or obvious question‚ it is vitally important in answering this question. How is a court‚ or a legislature‚ supposed to draw meaning from such vague phrases as “Due Process of law” or “equal protection” or even “free speech
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’Judicial Method: activism versus formalism’ A new era has emerged from the societal and legal changes that have occurred in Australia. The age of Judicial activism has taken over the more traditional method of judicial formalism. Supporters of the latter’s concerns that it promotes power without responsibility‚ and blurs the separation of powers‚ however the supporters of the former agree that inevitable changes in society force the judiciary to acknowledge that judicial formalism is a method
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“Assess the significance of the Truman Doctrine for the origins and development of the cold war” The Truman Doctrine was significant to the origins and the development of the cold war between 1945 and 1991 as it had many effects on the Ideologies of Communism and Capitalism‚ the Sphere of Influence and Universalism. Other significant events that helped shape the Cold War were the three big war conferences‚ which were the Yalta‚ Tehran and the Potsdam all of which were attended by the big three
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by Christopher Columbus. They claimed those lands of America using the Christendom’s theory stating that Christian’s nations have an absolute domination over non-Christians territories. Plenty of Acts and Treaties were also used to whitewash this doctrine of domination; the Indian Removal Act in 1835well illustrates this “whitewash” practice. Originally intended to create pace and to ensure the integrity of Indians territories‚ the Removal Act created multiple conflicts in between Indians and Christian’s
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Unit 5.5: The Separate Entity Doctrine “It is a basic doctrine of company law: that for certain purposes a company is a legal entity separate from the legal persons who became associated for its formation or who are now its members and directors. For certain purposes‚ there is a corporate screen around the members and directors. This is often referred as to the ‘Veil of Incorporation.’ The authority for that proposition is the leading case of Salomon v Salomon & Co Ltd [1897] AC 22. The
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Respondeat Superior Introduction and thesis statements Respondeat superior is a common law doctrine which was established in England in the seventeenth-century which was later adopted by united states and has been an agency of a fixture of agency law. The Respondeat superior is the legal concept of vicarious liability and the Doctrine of Respondeat Superior occurs when the agent commits a tort or civil wrong within the scope of employment and the principal is held liable although the principal may
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Since the 1820s‚ the Monroe Doctrine has been the foundation of the U.S. policy toward Latin America. However‚ it has been interpreted many different ways. Some U.S. presidents have broadly interpreted it‚ expanding its meaning. Others have taken it to mean only what it states. In a speech to Congress in 1823‚ President James Monroe issued a new policy concerning the threat of European intervention to inhibit American sovereignty. This came to be known as the Monroe Doctrine‚ which became the cornerstone
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Judicial Restraint and Judicial Activism in McDonald v. City of Chicago Judicial Restraint is when the Supreme Court restricts their powers to avoid making any changes to public policy‚ unless that policy is unconstitutional. When applying judicial restraint to cases‚ the courts stand by stare decisis (previous decisions of the court)‚ uphold current law‚ and hold strictly to the text of the Constitution. They think that by only interpreting the constitution and not creating new laws‚ that they
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Assignment 1: Employment-At-Will Doctrine Strayer University LEG 500: Law‚ Ethics‚ and Corporate Governance Prepared for: Dr. Boneita Campbell February 3‚ 2014 Introduction Employers adopt policies that are to be followed by employees ensuring the protection of all involved. Employment-at-will‚ the doctrine in American law is defined on the basis that the employment relationship can be terminated by either party with an advanced notice or even without one. Relationships
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Dan Longarino: Scholarly Article Critique I The Historical Origins of the Soviet Doctrine of Peaceful Coexistence is Warren Lerner’s historical overview of Soviet Russia’s attempt to practice a peaceful foreign policy while at the same‚ perhaps time maintaining the goal of “world revolution”. Lerner‚ an Assistant Professor of History at Duke University‚ points out that while Khrushchev claimed the Soviets proclaimed peaceful coexistence as the basic principle of their foreign policy‚ the state’s
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