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US Supreme Court Procedures and Decisions

US Supreme Court Procedures and Decisions From the day the U.S. Supreme Court votes to hear a case to the day some nine months when we learn its decision, lots of high-level law happens. What are the daily procedures of the Supreme Court? While the U.S. has a classic dual court system, the Supreme Court stands as the highest and only federal court created by the Constitution. All of the lower federal courts have been created over the years in one of the five â€Å"other† methods of changing the Constitution. Without vacancies, the Supreme Court consists of the Chief Justice of the United States and eight Associate Justices, all appointed by the President of the United States with the approval of the Senate. The Supreme Courts Term or Calendar The annual term of the Supreme Court runs begins on the first Monday in October and continues until late June or early July. During the term, the Court’s calendar is divided between â€Å"sittings,† during which the Justices hear oral arguments on cases and release decisions and â€Å"recesses,† when the Justices deal with other business before the Court and write their opinions to be attached to the Court’s decisions. The Court typically alternates between sittings and recesses about every two weeks throughout the term. During the brief recess periods, the Justices review the arguments, consider upcoming cases, and work on their opinions. During every week of the term, the Justices also review more than 130 petitions asking the Court to review recent decisions of the state and lower federal courts to determine which, if any, should be granted full Supreme Court review with oral arguments by lawyers. During sittings, public sessions start at 10 a.m. sharp and end at 3 p.m., with a one-hour recess for lunch starting at noon. Public sessions are held on Monday through Wednesday only. On Fridays of weeks during which oral arguments were heard, the Justices discuss the cases and vote on requests or â€Å"petitions for writ of certiorari† to hear new cases. Before hearing oral arguments are made, the Court takes care of some procedural business. On Monday mornings, for example, the Court releases its Order List, a public report of all actions taken by the Court including a list of cases accepted and rejected for future consideration, and a list of lawyers newly approved to argue cases before the Court or â€Å"admitted to the Court Bar.† The much-anticipated decisions and opinions of the Court are announced in public sessions held on Tuesday and Wednesday mornings and on third Mondays during May and June. No arguments are heard when the Court sits to announced decisions. While the Court begins its three-month recess in late June, the work of justice continues. During the summer recess, the Justices consider new petitions for Court review, consider and rule on hundreds of motions submitted by lawyers, and prepare for oral arguments scheduled for October. Oral Arguments Before the Supreme Court At precisely 10 a.m. on days the Supreme Court is in session, all present stand as the Marshal of the Court announces the entrance of the justices into the courtroom with the traditional chant: â€Å"The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court.† â€Å"Oyez† is a Middle English word meaning â€Å"hear ye.† After having submitted countless legal briefs, oral arguments give lawyers representing clients in cases before the Supreme Court a chance to present their cases directly to the justices. While many lawyers dream of arguing a case before the Supreme Court and wait years for a chance to do so, when the time finally comes, they are allowed only 30 minutes to present their case. The half-hour time limit is strictly enforced and answering questions asked by the justices does not extend the time limit. As a result, the lawyers, for whom brevity does not come naturally, work for months to hone their presentations to be concise and to anticipate questions. While oral arguments are open to the public and the press, they are not televised. The Supreme Court has never allowed TV cameras in the courtroom during sessions. However, the Court does make audiotapes of oral arguments and opinions available to the public. Prior to oral arguments, parties interested in, but not directly involved in the case will have submitted â€Å"amicus curiae† or friend-of-the-court briefs supporting their views. Supreme Court Opinions and Decisions Once oral arguments to a case have been completed, the justices retire to closed session to formulate their individual opinions to be attached to the Court’s final decision. These discussions are closed to the public and press and are never recorded. Since the opinions are typically lengthy, heavily footnoted, and require extensive legal research, the justices are assisted in writing them by highly-qualified Supreme Court law clerks. The Types of Supreme Court Opinions There are four main types of Supreme Court opinions: Majority Opinions: Forming the Court’s final decision, the majority opinion represents the opinions of the majority of the justices who heard the case. The majority opinion requires at least five justices unless one or more justices have chosen to recuse themselves (not take part) in the decision. The majority opinion is vital as it sets a legal precedent which must be followed by all future courts hearing similar cases.Concurring Opinions:   Justices may also attach concurring opinions to the Court’s majority opinion. As the name implies, concurring opinions agree with the majority opinion. However, concurring opinions may focus on different points of law or agree with the majority for a totally different reason.Dissenting Opinions: Justices who disagree with the majority typically write dissenting opinions explaining the basis for their vote. Not only do dissenting opinions help to explain the Court’s reasoning in its decision, they are often used in majority opinions in similar future cases. Confusingly, justices will write mixed opinions that agree with parts of the majority opinion but disagree with others. Per Curiam Decisions: In rare cases, the Court will issue a â€Å"per curium† opinion. â€Å"Per Curiam  is a Latin phrase meaning â€Å"by the court.† Per curiam opinions are majority opinions are delivered by the Court as a whole, rather than authored by an individual justice. Should the Supreme Court fail to reach a majority opinion arrive at a tie vote the decisions reached by the lower federal courts or state supreme courts are allowed to remain in effect as if the Supreme Court had never even considered the case. However, the rulings of the lower courts will have no precedent setting value, meaning they will not apply in other states as with majority Supreme Court decisions.

Compare and contrast the tradional marker and new marker of liver Essay

Compare and contrast the tradional marker and new marker of liver fibrosis - Essay Example But is is fraught with several disadvantages and recent novel methods claim to overcome the disadvantages associated with liver biopsy. In this research article, both traditional and novel methods of liver biopsy evaluation are discussed. Novel assessment strategies include serological assays, imaging methods and genetic studies. There are 2 types of biochemical markers and they are direct and indirect. Direct markers evaluate for fibrolysis and fibrogenesis. There is evidence to show that there does exists a good correlation between different biochemical markers, suggesting the fact that they investigate similar process. While the role of biochemical markers are studied and many researchers have opined that they are better than liver biopsy, currently liver biopsy still enjoys the first line investigation method for diagnosis and staging of liver fibrosis. Imaging studies and genetic studies are also considered useful, but in research stage. Excessive accumulation of various extrace llular matrix proteins like collagen is known as liver fibrosis. The condition arises because of chronic damage to the liver due to one or more causes like chronic hepatitis C infection, non-alcoholic steatohepatitis and alcohol abuse. It has the potential to progress to advanced liver conditions like liver failure, cirrhosis and portal hypertension, requiring liver transplantation (Bataller and Brenner, 2005). As of now, there is no standard treatment for liver fibrosis. Though some treatments have been found effective among rodents, they have not been practical to apply on humans because of the difficulties associated with performing serial biopsies to evaluate and ascertain the changes associated with treatment accurately and also because of the fact that humans are much less sensitive towards antifibrotic treatments when compared to rodents (Bataller and Brenner, 2005). Currently, the most effective treatment for liver biopsy appears to be removal of the offending agent and the only curative approach for those with cirrhosis and complications is liver transplantation which improves not only the quality of life, but also the survival (Bataller and Brenner, 2005). Management of liver fibrosis is mainly based on the accuracy of the degree of liver fibrosis. Those with chronic liver disease need to be frequently evaluated for detection of liver fibrosis in early stages. Traditionally, liver biopsy was considered to be the "gold standard" test for ascertaining and evaluation liver biopsy. However, this test is fraught with several limitations and risks because of the invasive nature of the procedure. Recent investigations like biochemical tests, liver magnetic resonance imaging and genetic evaluation are non-invasive and overcome the disadvantages of liver biopsy. However, some experts continue to employ liver biopsy for evaluation of liver biopsy arguing that it is a more accurate assessment strategy. In this research article, both traditional and modern metho ds of liver fibrosis evaluation will be compared and discussed through review of suitable literature. A brief overview of the pathogenesis of the disease will be

A paper based on reading of I Am Not Your Victim by Beth Sipe and Essay

A paper based on reading of I Am Not Your Victim by Beth Sipe and Evelyn J. Hall. This paper will include both personal reflection and an analytical review - Essay Example It is also good for all women who, due to a myriad of reasons, feign ignorance towards domestic violence. I Am Not Your Victim showcase the role of culture, criminal justice institutions and family values in fuelling the vice that is domestic violence. It is unfortunate that the marriage, which she had put so much into, only ended when she killed Sam in self-defense (Sipe 2007). More moving are her vivid descriptions of her encounters with the mental health systems following his death and the criminal justice system which saw her lose custody of her children. Beth was brought up to believe that violence from her husband â€Å"was a sign of affection† and that it was unethical for a woman to be independent of a man. Cultural values instilled in Beth drove her to literally view marriage as a â€Å"for better or for worse† affair where she was supposed to tolerate any amount of violence from her husband. Culture also plays a huge role on Sam’s personality and respect towards women as he witnessed the frequency with which his mother was beaten up by his father. He therefore grew up believing it would not only be tolerable but also acceptable in his household. It’s also important to remember that Beth had been divorced once and a botched second marriage would mean that she had failed her culture miserably (Sipe, 2007). As a result of this, Beth, like any other woman, had to make the marriage work. Tolerating domestic violence and living in the hope that her husband would one day change for the better was the only v iable and culturally acceptable response and option for her. Beth’s fear of loneliness saw her recoil in the vicious cycle of domestic violence. This explains why she would sometimes feel the embarrassment to tell the physicians it was her husband’s blows that kept her checking in. Sam, who was always battering her,

Wynn Las Vegas Business Plan Essay Example | Topics and Well Written Essays - 500 words

Wynn Las Vegas Business Plan - Essay Example The element is bond to enable Wynn Las Vegas Company to execute proper strategic thinking and strategic planning towards the achievement of competitiveness in the market. This is apparent since the strategy will enable the company to make sense of the emerging markets and technologies through seeing and understanding of the operating patterns and trends (Chabria, Green & Slutsky, 2006). Therefore, the strategy is essential as it will enable the company to design the organizations performance direction effectively, set priorities, perform effective budgeting, and allocate resources fairly. Environmental analysis entails evaluation of the key factors that influence effective operations of institutions. The factors that are popularly known as PESTEL include political, economic, social, technology, social, ecological, and legal aspects. Evaluation of the economic aspect is vital for the hospitality service provider, as it will obtain critical information that will facilitate its ability to dealing with the economic externalities in the environment. It will give the institution the greenlight on how the performance is likely to be during a period. Therefore, it is prudent for the company to evaluate and understand the political undertakings in the region (Chabria, Green & Slutsky, 2006). When it comes to technology, social, ecology and legal factors, the company will analyze the technological changes the environment embraces, the fairness of the existing laws and the favoritism of the ecosystem including social integration. Analysis of the aspects is to enable the company make an accurate decision on whether to continue executing its services or relocate to other destinations. High level of competitiveness is a key factor that Wynn Las Vegas seeks to achieve in the hotel industry. The company is planning to achieve this through provision of quality services and products real time, effective product

Modernity in Spain and Latin America

Modernity in Spain and Latin America History of Latin America II (Revolution Dictatorship) Why has it been so difficult to establish democratic political institutions in Latin America? Introduction Throughout history, Latin America has struggled with repeated clashes between politicians and citizens. The problems caused by these periods in these nations history are still felt today and in order to understand the reasons as to why it has been so difficult to establish democratic political institutions in these countries, we must investigate distinct periods in their histories that have shaped the countries into what they are today. Many of the countries in Latin America experienced their post-independence periods around the same time, with the majority of countries experiencing their Early Nation Period between 1825 and 1850. These periods can be characterised by the struggles for independence and constant civil war and unrest as class systems operated in the countries and so political independence meant different things for different classes[1]. Because of this system and their vastly different needs that were to be met by governments, any attempts to unite the many sides and create democratic political institutions that represent the whole of society were, and are still, met with strong opposition. However, it is to be noted that not all of the problems in the country were as a result of government opposition: many of the problems arose due to the countries being so vast and infrastructure being so poor, meaning it was hard to communicate with, and so govern, the people living outside of the main cities[2]. The majority of these people were indigenous and did not speak Spanish[3] and this added to the issues: if the people could not understand what they were hearing from the government, and not respond to this because of a language barrier, no democratic system would represent their views, no matter how hard it tried. For these marginalised groups, it did not matter which group of creole elite were in power this time, it was simply another political party who did not understand their views in order to represent them.[4] For ease of illustration, we shall look more closely at two specific countries and two different but defining periods in their histories. Mexico Focussing firstly on Mexico; Mexicos Early National Period spanned from 1821 to 1876[5]. During this period, it was clear each region had strong affinities with their own area and so from the outset the political parties who formed the apparent systems of democratic government had to not only convince the people that they were the best party to be in power, but also, and arguably more importantly, that they should replace their ties with the caudillo[6] who ruled their area with an affinity to the country-wide leader who, for many, was nothing more than a name. This problem of the peoples reluctance to embrace a democratic political system for the whole of Mexico was exacerbated by the fact the caudillos were strongly averse to such a big change: these leaders had ruled their area for over a decade and were not going to submit to a national governing system easily. Indeed, such a system was entirely antithetical to the interests of the caudillos who would inevitably suffer in these systems[7]. Thus, they led coups and revolts of their people against the government and since domineering caudillos ruled the people, if the caudillo did not agree with the new system of government, then the people should submit to the views of the caudillo and not agree with the new system of government either[8]. During this time, not only was Mexico attempting to create a democratic political system amidst unrest from its own citizens, but Spain attempted to reconquer Mexico (1829), France blocked their Atlantic coast (1838-41) and the United States seized half of Mexicos land (1846-49). Great Britain also seized the Falkland Islands as Las Malvinas in 1833. Clearly, then, this unstable political environment did not encourage people to embrace the haphazard attempts at creating democratic political institutions in Mexicos Early National Period. Uprisings inspired by caudillos, language barriers preventing understanding and poor infrastructure preventing communication all contributed to the difficulties of the time. It is clear to see that Mexicos early attempts to create democratic political institutions were thwarted by international attempt to reconquer the country and by internal attempts to overthrow new governments by caudillos and their supporters. The people felt alienated and isolated from central government, and so when their caudillo whom they knew and with whom they could communicate told them what to do, they understood his rules and followed those rather than follow rules made by the government who did not represent them. Bolivia Moving on to investigate a different time in Bolivia. The causes of the difficulties in establishing democratic political institutions in more recent times in Bolivia were less intra-national and more international, due to countries becoming more reliant on international trade and the world economy. Thus, when this crashed in the 1970s the relatively new democratic governments could not withstand the pressure and the countries reverted to past authoritarian ways.[9] One school of thought reasons that this was due to the extremely high poverty rates in the country: citizens were more concerned about fighting for their lives by ensuring they had sufficient necessities in order to live than they were about fighting for political democracy. Indeed, in 1976 85% of the Bolivian population were living with unsatisfied basic needs[10]. This was caused by constant changes in ruler since 1964 and almost antithetical policies of successive leaders,[11] meaning people could not rely on the government as policies introduced by one party were overturned and directly opposing policies introduced by the next[12]. The people became apathetic to politics as their participation was limited and they knew that military leaders and dictators would not represent their views. No matter which military regime stormed their way to power, they would continue to suffer. When General Renà © Barrientos orchestrated a coup in 1964, the following 18 years in politics saw uninterrupted military rule, and General Hugo Banzers dictatorship between 1971 and 1978 was the longest spanning of the different regimes[13]. This time was filled with unrest and violence: the military regimes did not appreciate criticism or opposition. Things were done how Banzer wanted them to be done and opponents simply disappeared[14]. Clearly this is not democratic since a dictatorship is the exact opposite of democracy and the peoples views are irrelevant in such systems. Banzer did not seek to redistribute wealth and the people were, again, the ones to suffer. They did not want Banzer to be in the position he was, but he forced his way to power and there was nothing a normal citizen could do about it. Even after the end of Banzers rule, extreme political instability meant people distrusted the government. The succeeding governments seemed to forget about the countrys internal problems and focussed so much on international spending and borrowing[15] that the people continued to suffer. It wasnt until 1982 when the country elected Siles as president did the people begin to have a say again and attempts to restore democracy were made. Bolivia remains one of the poorest countries in Latin America[16], generally seen to be a result of the past authoritarian dictators and their regimes creating insurmountable debt. These leaders did not care about the countrys internal affairs and sought to boost international trade at the expense of their people. The people, therefore, suffered undeniably at the hands of these leaders. It is impossible to create democratic political institutions if the leaders do not care about the citizens of the country and seek only to benefit themselves. Bolivia is a prime example of a country who experienced great difficulty in establishing democratic political institutions as the military ruled the country for a long time, and any change in government was not as a result of democratic election but violent coup. The people simply had to accept what was happening in the politics of their country, or risk their lives trying to change it. Conclusion It is clear, then, that establishing democratic political institutions has not been easy in Latin America, specifically in Mexico and Bolivia, for many reasons. From the outset, Mexico had to tackle both international opposition to their ruling of their own country, and internal resistance from caudillos and their supporters, while Bolivia continued to struggle until very recently with dictatorship and extraordinarily high levels of debt preventing development of democracy. Bibliography Atlantic Council, Urbanization in Latin America. (2014)Available at: http://www.atlanticcouncil.org/publications/articles/urbanization-in-latin-america [accessed on 30/11/16] BBC, Mexico Profile- Timeline. Available at: http://www.bbc.co.uk/news/world-latin-america-19828041 [accessed on 30/11/16] BBC, Timeline: Bolivia. Available at: http://news.bbc.co.uk/1/hi/world/americas/country_profiles/1218814.stm [accessed on 30/11/16] Ewout, Frankema The Colonial Origins of Inequality: Exploring the Causes and Consequences of Land Distribution in Poverty, Inequality, and Policy in Latin America (Massachusetts Institute of Technology, 2009) pp19-45 Fowler, Will. Latin America Since 1780 (Hodder Education, 2008) Hansen, Edward C. Wolf, Eric R. Caudillo Politics; A Structured Analysis in Comparative Studies in Society and History, Volume 9, Issue 2 (January 1967) pp168-179 Immigration and Refugee Board of Canada, General statistics on killings and disappearances of union activists. [BOL5479], 11 June 1990. Available at: https://www.ecoi.net/local_link/170859/272293_en.html [accessed on 30/11/16] Lynch, John Caudillos in Spanish America 1800- 1850 (Oxford University Press, 1992) McNeish, John-Andrew, Stones on the Road: The Politics of Participation and the Generation of Crisis in Bolivia in Bulletin of Latin American Research, Vol. 25, No. 2 (Institute of Anthropology, University of Bergen, Norway, 2006) pp. 220-240, Morales, Juan A. Sachs, Jeffrey D Bolivias Economic Crisis in Developing Country Debt and the World Economy (University of Chicago Press, 1989) pp57- 80 Pastor, Manuel Jr. Bolivia: Hyperinflation, Stabilisation and Beyond in Journal of Development Studies, 1991 Republic of Bolivia, Poverty Reduction Strategy Paper (La Paz, 2001) Sivak, Martin El dictador elegido: biografà ­a no autorizada de Hugo Banzer Suà ¡rez (Plural Editores, 2001) UNICEF, Bolivia. Situation of Poverty in the Country. Available at: https://www.unicef.org/bolivia/english/resources_2332.html [accessed on 30/11/16] [1] Will Fowler, Latin America Since 1780 (Hodder Education, 2008) p34 [2] In 1950 only 40% of the Latin American population lived in urban areas. Atlantic Council, Urbanization in Latin America. (2014)Available at: http://www.atlanticcouncil.org/publications/articles/urbanization-in-latin-america [accessed on 30/11/16] [3] Fowler, Latin America Since 1780 p36 [4] ibid [5] BBC, Mexico Profile- Timeline. Available at: http://www.bbc.co.uk/news/world-latin-america-19828041 [accessed on 30/11/16] [6] Caudillos is most accurately translated as chieftain, deriving from the Latin caput meaning head. See Eric R. Wolf, Edward C. Hansen Caudillo Politics; A Structured Analysis in Comparative Studies in Society and History, Volume 9, Issue 2 (January 1967) pp168-179 at p169 [7] Wolf, Hansen, p170 [8] John Lynch, Caudillos in Spanish America 1800- 1850 (Oxford University Press, 1992) [9] Fowler, Latin America Since 1780 p134 [10] Republic of Bolivia, Poverty Reduction Strategy Paper (La Paz, 2001) p16 [11] Juan A. Morales, Jeffrey D. Sachs Bolivias Economic Crisis in Developing Country Debt and the World Economy (University of Chicago Press, 1989) pp57- 80, table 3.2 p59 [12] BBC, Timeline: Bolivia. Available at: http://news.bbc.co.uk/1/hi/world/americas/country_profiles/1218814.stm [accessed on 30/11/16] [13] Martin Sivak, El dictador elegido: biografà ­a no autorizada de Hugo Banzer Suà ¡rez (Plural Editores, 2001) [14] Exact figures are unknown. Immigration and Refugee Board of Canada, General statistics on killings and disappearances of union activists. [BOL5479], 11 June 1990. Available at: https://www.ecoi.net/local_link/170859/272293_en.html [accessed on 30/11/16] [15] Manuel Pastor, Jr. Bolivia: Hyperinflation, Stabilisation and Beyond in Journal of Development Studies, 1991. p213 [16] UNICEF, Bolivia. Situation of Poverty in the Country. Available at: https://www.unicef.org/bolivia/english/resources_2332.html [accessed on 30/11/16]

Meet me in St, Louis and the Aspect of Sound :: essays research papers fc

The Aspect of Sound in Meet Me In St. Louis In 1904 Eugene Lauste successfully recorded sound onto a piece of photographic film. This invention was known as a â€Å"Sound Grate† the results where still far to crude to be used to public display. The cameras used to film â€Å"The Talkies† as they where known, had to be kept in enormous soundproof casing. This immediately hindered directors creativity and made movies such as Meet Me in St. Louis (1944) much more rigid. Because of the fascination with the lip-syncing that this new technology achieved less attention was played to other attributes that silent films used such as the comedic elements in Charlie Chaplin’s City Lights (1931.) The invention of talking pictures also had severe repercussions on the censorship process. Initially the entire process was nearly impossible, as any cuts made would have an effect on the synchronisation of the sound and the film. Minnelli’s 1944 musical Meet Me In St. Louis: â€Å"Serves to implicate the contemporary 1944 audience† (Mundy, J 1999.) This because in many ways the film aims to personify a period of loss and change as was the case in America during the Second World War period. This can be witnessed through Rose Smith’s (Lucille Bremer) loss of a possible fiancà © in New York as well as the heartache the entire family feels of the possibility of moving away from St. Louis to New York. John Mundy (1999) sums this up in the following quote: â€Å"Like so many folk musicals, the film is suffused with a yearning nostalgia for a cultural past which is both desirable and as the text suggests attainable.† This also reflects upon the 1944 audience whereby they will be â€Å"yearning† for a happier past when there is no war. The film uses the device of music to make it seem as if this is attainable for the audience. Andre Bazin saw the movement of film as a total progression towards: â€Å"A progressive movement toward an ultimate goal a total and complete representation of reality... the reconstruction of a perfect illusion of the outside world in sound, colour, and relief† (http://www.thestranger.com/2001-07-05/periphery.html) Bazin called this the â€Å"Myth of Total Cinema.† He believed that a total representation of reality was an ideal. Musicals are popularly believed to be leading away from the ideal of total cinema. This is because they are filmed using non-diegetic sound. This is to say sound that originates from outside of the film.