...aspects of America, including the voting system; American citizens have always had the option of voting since its creation. But given that American citizens have the choice to vote, many opt not to, which results in low voter turn outs. In contrast, some countries have compulsory voting, a forced system of voting to improve low voter turn outs. While a good idea in theory, there is many flaws in the idea of compulsory voting. In order to enforce compulsory voting, national governments must have punishments for those who neglect voting, and this intrudes onto...
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...Lijphart objective is that compulsory voting would be the best way to solve the problem of low voting turnout. He structured his argument stating two of the biggest problem with low turnout and solution to increase turnout. The first problem is that the election votes are not a representation of the overall votes towards a policy or elected official. The other problem is that certain groups vote in greater number than other groups, which show a disproportionate influence on the government and its policies. This illustrates bias states Lijphart, giving already-privileged citizens an advantage favoring their interest and the low-privileged interests are not rewarded. To solve these problems Lijphart believes that a minimum of 90 percent turnout...
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...Chapter One – Individual Rights Under the United States Constitution I. History of Criminal Procedure a. The Magna Carta i. 1215 agreement between King John of England and English nobility creating certain civil rights. ii. Due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases. iii. A legal principle which states that no one should be deprived of life, liberty, or property except by proper legal proceeding. The principle is enshrined in the 39th clause of Magna Carta (1215) which provides that ‘no freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we (ie the monarch) take or order action against him, except by the lawful judgment of his equals and according to the law of the land’. b. The United States Constitution iv. 1789 v. Bill of Rights – proposed in 1789 and ratified (became law) in 1791. vi. Chapter 1, Page 14 – Provisions of Bill of Rights – Table 1.2 vii. The notion of due process is also embodied in the Fifth and Fourteenth Amendments of the US Constitution, and in Articles 5 and 6 of the European Convention on Human Rights. viii. The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments...
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...Amendment provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment is designed to protect individuals from unlawful searches from law enforcement and the government without probable cause. This means that law enforcement cannot used evidence against an individual that was unconstitutionally obtained. While there are exceptions to this rule; it still does give law enforcement a free pass to perform searches and seizures they know are unconstitutional because every individual has the right to a reasonable expectation of privacy (Four Models of Fourth Amendment Protection, 2007). Amendment V The Fifth Amendment provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in...
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...The election of 1912 was a four-way race with a voting outcome the US has not seen since. The race began when William Howard Taft received the Republican nomination for re-election over Theodore Roosevelt. Roosevelt had previously been President from 1901-1909; his first term inherited due to the in-office death of William McKinley. Upon election into his second term (first full term), Roosevelt vowed to not run for office again. Fast forward to 1912, the end of the first term of Roosevelt’s hand picked successor William Howard taft, and Teddy was back in the race. After losing the Rebuplican nomination to Taft, who received more support from the conservative side of the party, Roosevelt had a convention of his own and started the Progressive Party. Naturally, Roosevelt got the nomination. With Woodrow Wilson receiving the Democrat’s nomination for election, and Eugene V. Debs running under the increasingly loud Socialist umbrella, the stage was set for the 1912 Presidential Election. “The four way contest between Taft, Roosevelt, Democrat Woodrow Wilson, and Socialist Eugene V. Debs became a national debate on the relationship between political and economic freedom in the age of big business. On one end of the political spectrum stood Taft, who stressed that economic individualism could remian the foundation of the solial order so long as government and private entreprenuers cooperated in addressing social ills. At the other end was Debs. Relatively few Americans supported...
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... It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid. in January, 2010, after several protest the Bangladesh Supreme Court eventually agreed that the famous judgment of the High Court will be upheld.[2] Throughout this whole paper I will try to explain all the amendments of the constitution with their timely significance while give appropriate weight to all of the 14 amendments. Here I will also try to draw a blue print of its basic...
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...the facts of America history. Snatched from their native land transported thousands of miles--in a nightmare of disease and death and sold into slavery blacks were reduced into the legal status of farm animals. Even after emancipation, blacks were segregated from whites--in some states by law, in social practice almost everywhere. American apartheid continued for another century. In 1954 the Supreme Court declared state compelled segregation in schools unconstitutional, and it followed up that decisions with others that struck down many other forms of official segregation. Still discrimination survived, and in most southern states blacks were either discouraged or prohibited from excersizing their rights to vote. Not until the 1960’s was compulsory segregation finally and effectively challenged. Between 1964 and 1968 congress passed the most sweeping legislation since the end of the Civil War. It banned discrimination in employment, public accommodation,( hotels, motels, restaurants, etc.), and housing; it also guaranteed voting rights for blacks in areas suspected of disenfranchising blacks. Today, several agencies in the federal government excursive sweeping powers to enforce these civil rights measures. After the United States congress passed the Civil Rights...
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...The campaign for suffrage - a historical background Today, all British citizens over the age of eighteen share a fundamental human right: the right to vote and to have a voice in the democratic process. But this right is only the result of a hard fought battle. The suffrage campaigners of the nineteenth and early twentieth century struggled against opposition from both parliament and the general public to eventually gain the vote for the entire British population in 1928. ------------------------------------------------- Who took part in the campaign? The first women's suffrage bill came before parliament in 1870. Soon after its defeat, in 1897, various local and national suffrage organisations came together under the banner of the National Union of Women's Suffrage Societies (NUWSS) specifically to campaign for the vote for women on the same terms 'it is or may be granted to men'. The NUWSS was constitutional in its approach, preferring to lobby parliament with petitions and hold public meetings. In contrast, the Women's Social and Political Union (WSPU), formed in 1903, took a more militant view. Almost immediately, it characterised its campaign with violent and disruptive actions and events. Together, these two organisations dominated the campaign for women's suffrage and were run by key figures such as the Pankhurstsand Millicent Fawcett. However, there were other organisations prominent in the campaign, including the Women's Freedom League (WFL). These groups were often...
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...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...
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...Northern Consortium United Kingdom – Politics Past paper questions for June exam < Module 1 > Section A 1a What are the differences between Public Bills Committees and Select Committees? [5] Public Bills Committee is part of legislative process, whereas Select Committee is part of scrutiny process. In the former committee, the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections...
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...Company Discussed Barbier v. Connolly Mentioned Army v. Dalziel Mentioned Yick Wo v. Hopkinas Mentioned Southern Railway Company v. Greene Discussed Gulf C. & S.F.R. Co. v. Ellis Mentioned Southern Railway Co. v. Greene Mentioned Radice v. New York Mentioned Minister for State for the Army v. Datziel Discussed Pennsylvania Coal Company v. Mahon Discussed Lindsley v. Natural Carbonic Gas Company Discussed Gulf, Colorado and Santa Fe'Railway v. W.H. Ellis Discussed Case Note: Sholapur Spinning and Weaving Company Act 1950-Act Dismissing Company's managing agents, removing its directors, authorising government for appointment of new directors and curtailing shareholders' right in the voting matter etc.-Validity-Whether infringement on fundamental rights-Right of property save not to be deprived by authority of law-Right to acquire, hold and dispose property-Right to equal protection of law Constitution of India, Arts. 14, 19(1) (f), 19(f), 31, 32-Deprivation of property,-- Meaning of “property”, “acquisition”, “taking possession”, “equal protection”-Under Art 32, right to apply-Right of shareholders....
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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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...edu/californialawreview/vol57/iss1/1 This Article is brought to you for free and open access by the California Law Review at Berkeley Law Scholarship Repository. It has been accepted for inclusion in California Law Review by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. California Law Review VOL. 57 JANUARY 1969 Copyright © 1969 by California Law Review, Inc. No. 1 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aron Lisenberg* TABLE OF CONTENTS I A GENERAL THEORY ...... A. ... ............... 4 A NORMATIVE MODEL OF'VOTING RIGHTS IN PRIVATELY HELD CORPORATIONS ....... ................ A NORMATIVE MODEL OF VOTING RIGHTS IN PUBLICLY HELD ................ CORPORATIONS ....... 7 15 B. . ........ 1. Considerations of Public Policy .. (a) "Shareholder democracy ". . .. ........ ... . ......... (b) Client-group participation .. (c) Managerialism ..... ........... . ........ 2. Managerial Conflicts of Interest .. .. ........... 3. Shareholder Expectations ... ............ (a) The AT&T myth .... ... .... (b) The fallacy of "the average shareholder" (i) The proprietary principle of corporate law . (ii) Institutional investors as shareholders in publicly .......... held corporations ... (A) The magnitude of institutional shareholdings (B) The...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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...CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA - FDRE TABLE OF CONTENTS Preamble Chapter 1 Chapter 2 Chapter 3 Chapter 4: Chapter 5: Chapter 6: General Provisions Fundamental Principles of the Constitution Fundamental Rights and Freedoms Part 1 Human Rights Part 2 Democratic Rights State Structure The Structure and Division of Powers The Federal Houses Part 1 The House of Peoples' Representatives Part 2 The House of the Federation The Presidence of the Republic The Executive Structure and Powers of the Courts National Policy Principles and Objectives Miscellaneous Provisions Chapter 7: Chapter 8: Chapter 9: Chapter 10: Chapter 11: i PREAMBLE We, the Nations, Nationalities and Peoples of Ethiopia: Strongly committed, in full and free exercise of our right to self-determination, to building a political community founded on the rule of law and capable of ensuring a lasting peace, guaranteeing a democratic order, and advancing our economic and social development; Firmly convinced that the fulfillment of this objective requires full respect of individual and people’s fundamental freedoms and rights, to live together on the basis of equality and without any sexual, religious or cultural discrimination; Further convinced that by continuing to live with our rich and proud cultural legacies in territories we have long inhabited, have, through continuous interaction on various levels and forms of life, built up common interest and have also contributed...
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