Political Paper Essay Example | Topics and Well Written Essays - 1250 words

Political Paper - Essay Example Justices Antonin Scalia and Stephen Breyer, each being highly respected members of the Supreme Court, have their own distinct views in regards to judicial responsibility and the overall role of the Supreme Court itself. Two justices, while each having the same position of power, bring to the federal bench distinct backgrounds, as well as educations. Such distinctions that shape the ways in which both men look at the greater role of the Court itself. Both of these gentleman, while possessing respective levels of great judicial power, are in their own right distinctive in approach. Leaving to be considered not only the ways in which they view their position in the legal system, but also how they observe the history of the organization since the time of its fruition and its subsequent involvement in the present state of legal affairs and greater discussion occurring in multiple facets of the country. In an interview conducted at The Federalist Society, Justices' Breyer and Scalia are provided with an environment to engage in healthy discussion having to do with their individual interpretations of both laws, as well as the intent behind them. An issue which Justice Scalia addresses is the notion of a "living constitution". One which would grow with society and form itself to the resulting advancement, in such a way that it would be keeping it from breaking and crumbling all together. Breyer says, while avoiding the classification of 'living' in regards to the constitution, the document "adapts to the circumstance in order to keep the values the same," (Breyer/Scalia, 12/05/06). After which, Justice Scalia responds with a concurrence that, while he too would believe that the constitution should adapt to new occurrences, he would still not give it the term "living" as part of its classification. While it is not the responsibility of the Supreme Court to interfere with democracy, it is it's responsibility to keep in mind the notion of not going too far in its interpretations and approaches. As for his view on democracy, in part, Scalia says that, "The majority rules," Adding that, "If you don't believe in that, you don't believe in democracy," (Breyer/Scalia, 12/05/06). Justice Scalia then details his view that the Bill of Rights acts in such a manner, that it imposes limitations on the notion of majority rule, which are in return placed by those in the court system. "Whenever the judges go beyond the meaning understood by the society that voted for those limitations, whenever it goes beyond that original meaning, it is in effect adding to those subjects that are driven off the democratic stage," (Breyer/Scalia, 12/05/06). Breyer's argument of preserving the democratic process is one which many have agreed upon. As is the case with Presidential elections, like Justice Scalia says, the majority does hold a ruling authority and that is in fact part of the democratic process. To have a court that is comprised of entirely different approaches to things, is quite healthy and good, according to Justice Breyer. "It's just my burden to prove its better than anything else," (Breyer/Scalia, 12/05/06). Scalia places the question forward, for greater discussion and debate, as to whether a lawyer is better qualified to understand the issues at hand, in

In Class Essay #2 Example | Topics and Well Written Essays - 500 words

In Class #2 - Essay Example weat shop labor has become the major means of producing fake and cheap goods especially in the textile market and the working conditions are deplorable with meager wages being given to the workers. While Goodwin argues that sweatshop labor provides a means of employment for women who are dominated by men. The employment gives them a chance to be financially independent and to make their own choices. However, it must also be borne in mind that the women are subjected to horrendous working conditions and paid very little wages. It is their employer who enjoys maximum benefits out of the profit. This inequality in profit distribution will never help the working class to grow and lead a better life. Additionally all the goods produced by such companies are counterfeit and intellectual property theft has risen drastically over the past years. Purchase of such goods by consumers with the notion that they are genuine and later realizing that they aren’t results in loss of consumer tr ust and that in turn could be a major blow to design houses that invent the goods. Among the other countries China produces a major chunk of such fake products which have created a market for themselves. The massive unemployment coupled with economic restructuring has resulted in many people including children opting for job that pay meager wages. Employment of children by such companies has been on a rise as recent reports in China indicate that children could constitute about 20 percent of the workforce which prevents them from fulfilling their right to education. While men and women are paid only a fraction of the minimum wage that they are due, the plight of the children could be even worse. Their young age and vigor are misused and are expected to work day and night and in some cases with only one day off in a year. While the law states that it is illegal to employ children who are under 16 for work, it is not strictly enforced. Thus the entire scenario includes breach of human rights,

Successful Enterprise in Russia Essay Example | Topics and Well Written Essays - 3250 words

Successful Enterprise in Russia - Essay Example However, Gorbachev created so-called cooperative enterprises that were allowed by the government. Highly volatility was observed in the institutional environment of the Russia. In many regions, market economy in support of weak institutions, and large variations were found regionally. In other words, the development of the private sector was affected by the corruption, bureaucratic harassment, as well as, racketeering adversely. Furthermore, financial intermediaries that were developed poorly also affected the development of the sector. "There is a push in Russia to advance the cause of the entrepreneur by providing classes that assist the population in learning how to develop their own business. Reports indicate that other European Universities will see as many as 70% of their higher education centers providing classes on business development". (Lindsay, 2006) Entrepreneurial development was not considered by the inherited ideology of the Russia, which was similar to a number of other centrally planned countries of the world. In the Soviet, speculators were equated with the period entrepreneurs. Furthermore, profit making by these entrepreneurs was considered as a criminal activity. Independent innovative culture was stifled by the ideology of the Soviet state. On the other hand, development of a punishment-oriented culture was done by the ideologists. In the result, corruption was created by the discretionary power of the officials. Bureaucratic means were used for the running of the economy. Thus, the appetite for risk taking was suppressed by the concentration of reward on plan attainment. (Ellman, 1994) "Throughout the history of enterprises Russian entrepreneurs did a remarkably good job of seeking out profit opportunities". (Paul, 1987) As a result, informal norms and values were combined with the weakness of formal institution enforcement, and a less-conductive environment was created in the result, which affected the development of new entrepreneurial firms adversely. In this regard, a number of existing barriers to entrepreneurship that are being confronted presently have been pointed out by many authors. Property rights enforcement has been lack in the Russia, which is one of the examples of these barriers. It has also been pointed out that the government officials have enriched their personal needs by the corrupt behavior that has characterized the grabbing hand model of government intervention, which has been emerging in the present Russia. Although the facilitation of exchange reducing transaction costs has been the one of the objectives behind the designing of the formal rules, different ways can affect the individuals, as well as, groups by them. "According to --------- As individuals -- and increasingly, collectively in grassroots organizations -- entrepreneurs in Russia are fighting back against the mediocrity and parasitism that is endemic in the country's public and commercial life. They are ideal fighters because entrepreneurs are the first to feel

LLB CONTRACT LAW Essay Example | Topics and Well Written Essays - 500 words

LLB CONTRACT LAW - Essay Example Nash v. Inman, http://www.bcli.org/pages/publications/lrcreports/reports(html)/lrc26index.html According to Law of Contracts, in many ways the contractual capacity of a minor differs from that of an adult. An individual below 18, who is legally a minor, according to Family Law Reforms Act, 1969, cannot enter into contracts easily, because they are grouped under valid, void and voidable contracts and hence, they hold very little legal authenticity. Valid contracts cover necessities and this means, they have to pay for the necessities1 and legally liable to do so, if plaintiff could prove that goods supplied are suitable in minor's station in life and are his actual requirements2 and here, necessities3 and luxuries4 are different and the terms should not be onerous5 and if plaintiff has all these on his side, still he will get only a reasonable price and not a contractual one. Minors are bound by beneficial contracts service, which is usually for their own benefit, mainly termed as beneficial contracts and these include education, training, apprenticeship, and a Court can decide that minor should go through these contracts, even if some of them are not totally beneficial6 for him at the time conflict. Sometimes during the course of time circumstances might prove that a minor does not particularly need those benefits any more7.