Biography of Ruth Bader Ginsburg, Supreme Court Justice

Biography of Ruth Bader Ginsburg, Supreme Court Justice Ruth Bader Ginsburg (born Joan Ruth Bader on March 15, 1933) is an Associate Justice of the Supreme Court of the United States. She was first appointed to the U.S. Court of Appeals in 1980 by President Jimmy Carter, then to the Supreme Court by President Bill Clinton in 1993, taking the oath of office on August 10, 1993. After former Justice Sandra Day OConnor, Ginsburg is the second-ever female justice to be confirmed to the court. Along with justices Sonia Sotomayor and Elena Kagan, she is one of only four female justices ever to be confirmed. Fast Facts: Ruth Bader Ginsburg Full Name: Joan Ruth Bader GinsburgNickname: The Notorious RBGOccupation: Associate Justice of the Supreme Court of the United StatesBorn: March 15, 1933 in Brooklyn, New YorkParents’ Names: Nathan Bader and Celia Amster BaderSpouse: Martin D. Ginsburg (deceased 2010)Children: Jane C. Ginsburg (born 1955) and James S. Ginsburg (born 1965)Education: Cornell University, Phi Beta Kappa, Phi Kappa Phi, B.A. in government 1954; Harvard Law School (1956-58); Columbia Law School, LL.B. (J.D.) 1959Published Works: Harvard Law Review Columbia Law Review â€Å"Civil Procedure in Sweden† (1965), â€Å"Text, Cases, and Materials on Sex-Based Discrimination† (1974)Key Accomplishments: First female member of the Harvard Law Review, American Bar Associations Thurgood Marshall Award (1999) Generally considered part of the court’s moderate-to-liberal wing, Ginsburgs decisions reflect her support of gender equality, workers’ rights and constitutional separation of church and state. In 1999, the American Bar Association gave her its coveted Thurgood Marshall Award for her years of advocacy for gender equality, civil rights, and social justice. Early Years and Education Ruth Bader Ginsburg was born on March 15, 1933, in Brooklyn, New York, during the height of the Great Depression. Her father, Nathan Bader, was a furrier, and her mother, Celia Bader, worked in a clothing factory. From watching her mother forego high school in order to put her brother through college, Ginsburg gained a love for education. With the constant encouragement and help of her mother, Ginsburg excelled as a student at James Madison High School. Her mother, who had so greatly influenced her early life, died from cancer the day before her graduation ceremony. Ginsburg continued her education at Cornell University in Ithaca, New York, graduating Phi Beta Kappa, Phi Kappa Phi at the top of her class with a Bachelor of Arts degree in government in 1954. Later the same year, she married Martin Ginsburg, a law student she met at Cornell. Soon after their marriage, the couple moved to Fort Sill, Oklahoma, where Martin was stationed as an officer in the U.S. Army Reserve. While living in Oklahoma, Ginsburg worked for the Social Security Administration, where she was demoted for being pregnant. Ginsburg put her education on hold to start a family, giving birth to her first child, Jane, in 1955. Law School In 1956, after her husband’s completion of his military service, Ginsburg enrolled at Harvard Law School as one of only nine women in a class with over 500 men. In a 2015 interview with the New York Times, Ginsburg recalls being asked by the Dean of Harvard Law, â€Å"How do you justify taking a spot from a qualified man?† Though embarrassed by the question, Ginsburg offered the tongue-in-cheek response, â€Å"My husband is a second-year law student, and it’s important for a woman to understand her husband’s work.† In 1958, Ginsburg transferred to Columbia University Law School, where she earned her Bachelor of Laws degree in 1959, tying for first in her class. Over the course of her college years, she became the first woman to be published in both the prestigious Harvard Law Review and Columbia Law Review. Early Legal Career Not even her excellent academic record made Ginsburg immune to the overt gender-based discrimination of the 1960s. In her first attempt to find work out of college, Supreme Court Justice Felix Frankfurter refused to hire her as his law clerk because of her gender. However, aided by a forceful recommendation from her professor at Columbia, Ginsburg was hired by U.S. District Judge Edmund L. Palmieri, working as his law clerk until 1961. Offered jobs at several law firms, but dismayed by finding them always to be at a much lower salary than those offered to her male counterparts, Ginsburg chose to join the Columbia Project on International Civil Procedure. The position required her to live in Sweden while doing research for her book on Swedish Civil Procedure practices. After returning to the States in 1963, she taught at Rutgers University Law School until accepting a full professorship at Columbia University Law School in 1972. In route to becoming the first tenured female professor at Columbia, Ginsburg headed the Women’s Rights Project of the American Civil Liberties Union (ACLU). In this capacity, she argued six women’s rights cases before the U.S. Supreme Court from 1973 to 1976, winning five of them and setting legal precedents that would lead to significant changes in the law as it affects women. At the same time, however, Ginsburg’s record shows that she believed the law should be â€Å"gender-blind† and ensure equal rights and protections to persons of all genders and sexual orientations. For example, one of the five cases she won while representing the ACLU dealt with a provision of the Social Security Act that treated women more favorably than men by granting certain monetary benefits to widows but not to widowers. Judicial Career: Court of Appeals and Supreme Court On April 14, 1980, President Carter nominated Ginsburg to a seat on the United States Court of Appeals for the District of Columbia. With her nomination confirmed by the Senate on June 18, 1980, she was sworn in later the same day. She served until August 9, 1993, when she was officially elevated to the U.S. Supreme Court. Ginsburg was nominated as an Associate Justice of the Supreme Court by President Clinton on June 14, 1993, to fill the seat vacated by the retirement of Justice Byron White. As she entered her Senate confirmation hearings, Ginsburg carried with her the American Bar Association’s Standing Committee on the Federal Judiciary’s â€Å"well qualified† rating- its highest possible rating for prospective justices.  Ã‚   In her Senate Judiciary Committee hearing, Ginsburg declined to answer questions about the constitutionality of some issues on which she might have to rule as a Supreme Court justice, such as the death penalty. However, she did confirm her belief that the Constitution implied an overall right to privacy, and clearly addressed her constitutional philosophy as it applied to gender equality. The full Senate confirmed her nomination by a vote of 96 to 3 on August 3, 1993, and she was sworn in on August 10, 1993. Official Supreme Court Portrait of Ruth Bader Ginsburg. Public Domain Supreme Court Record Over the course of her tenure on the Supreme Court, some of Ruth Bader Ginsburg’s written opinions and arguments during deliberations on landmark cases have reflected her lifelong advocacy for gender equality and equal rights. United States v. Virginia (1996): Ginsburg wrote the Court’s majority opinion holding that the previously male-only Virginia Military Institute could not deny admission to women based solely on their gender.Olmstead v. L.C. (1999): In this case involving the rights of female patients confined in state mental hospitals, Ginsburg wrote the Court’s majority opinion holding that under Title II of the 1990 Americans with Disabilities Act (ADA), persons with mental disabilities have the right to live in the community rather than in institutions if medically and financially approved to do so.Ledbetter v. Goodyear Tire Rubber Co. (2007): Though she voted in the minority in this case of gender-based wage discrimination, Ginsburg’s passionate dissenting opinion moved President Barack Obama to press Congress to pass the Lilly Ledbetter Fair Pay Act of 2009, overturning the Supreme Court’s 2007 ruling by making it clear that the time period allowed for the filing of proven claims of pay discrimination based on gender, race, national origin, age, religion, or disability may not be limited. As the first law signed by President Obama, a framed copy of the Lilly Ledbetter Act hangs in Justice Ginsburg’s office. Safford Unified School District v. Redding (2009): While she did not write the majority opinion, Ginsburg is credited with influencing the Court’s 8-1 ruling that a public school had violated the Fourth Amendment rights of a 13-year-old female student by ordering her to strip to her bra and underpants so that she could be searched for drugs by school authorities.Obergefell v. Hodges (2015): Ginsburg is considered to have been instrumental in influencing the Court’s 5-4 decision in Obergefell v. Hodges that ruled same-sex marriage legal in all 50 states. For years, she had shown her support for the practice by officiating same-sex marriages and by challenging arguments against it while the case was still in the appellate courts. Since being seated on the Court in 1993, Ginsburg has never missed a day of oral argument, even while undergoing treatment for cancer and following her husbands death. In January 2018, shortly after President Donald Trump released a list of his potential Supreme Court nominees, the then 84-year-old Ginsburg silently signaled her intent to remain on the Court by hiring a full set of law clerks through 2020. On July 29, 2018, Ginsburg stated in an interview with CNN that she planned to serve on the Court until age 90. â€Å"I’m now 85,† Ginsburg said. â€Å"My senior colleague, Justice John Paul Stevens, he stepped down when he was 90, so think I have about at least five more years.†Ã‚   Cancer Surgery (2018) On December 21, 2018, Justice Ginsburg underwent surgery for the removal of two cancerous nodules from her left lung. According to the Supreme Court press office, there â€Å"was no evidence of any remaining disease,† following the procedure performed at Memorial Sloan Kettering Cancer Center in New York City. â€Å"Scans performed before surgery indicated no evidence of disease elsewhere in the body. Currently, no further treatment is planned,† stated the court, adding, â€Å"Justice Ginsburg is resting comfortably and is expected to remain in the hospital for a few days.†Ã‚  The nodules were discovered during tests Ginsburg underwent in relationship to a fall that fractured three of her ribs on Nov. 7. On December 23, just two days after the surgery the Supreme Court reported that Justice Ginsburg was working from her hospital room. During the week of January 7, 2019, Ginsburg failed to attend oral arguments for the first time in her 25 years on the bench of the Supreme Court. However, the Court reported on January 11 that she would return to work and would need no further medical treatment. â€Å"Post-surgery evaluation indicates no evidence of remaining disease, and no further treatment is required,† said court spokeswoman Kathleen Arberg. â€Å"Justice Ginsburg will continue to work from home next week and will participate in the consideration and decision of the cases on the basis of the briefs and the transcripts of oral arguments. Her recovery from surgery is on track.† Personal and Family Life Less than a month after she graduated from Cornell in 1954, Ruth Bader married Martin D. Ginsburg, who would later enjoy a successful career as a tax attorney. The couple had two children: a daughter Jane, born in 1955, and a son James Steven, born in 1965. Today, Jane Ginsburg is a professor at Columbia Law School and James Steven Ginsburg is the founder and president of Cedille Records, a Chicago-based classical music recording company. Ruth Bader Ginsburg now has four grandchildren. Martin Ginsburg died of complications from metastatic cancer on June 27, 2010, just four days after the couple celebrated their 56th wedding anniversary. The couple often spoke fondly of their shared parenting and income-earning marriage. Ginsburg once described Martin as â€Å"the only young man I dated who cared that I had a brain.† Martin once explained the reason for their long and successful marriage: â€Å"My wife doesnt give me any advice about cooking and I dont give her any advice about the law.† The day after her husband’s death, Ruth Bader Ginsburg was at work hearing oral arguments on the final day of the Supreme Court’s 2010 term. Quotes Ruth Bader Ginsburg is known for her memorable statements both in and out of court. â€Å"I try to teach through my opinions, through my speeches, how wrong it is to judge people on the basis of what they look like, color of their skin, whether they’re men or women.† (MSNBC interview)My mother told me two things constantly. One was to be a lady, and the other was to be independent.† (ACLU)â€Å"Women will have achieved true equality when men share with them the responsibility of bringing up the next generation.† (The Record) Finally, when asked how she would like to be remembered, Ginsburg told MSNBC, â€Å"Someone who used whatever talent she had to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of whatever ability she has. To do something, as my colleague (Justice) David Souter would say, outside myself.† Sources .†Ruth Bader Ginsburgâ€Å" Academy of AchievementGalanes, Philip (November 14, 2015). â€Å"†Ruth Bader Ginsburg and Gloria Steinem on the Unending Fight for Womens Rights. The New York Times.Irin Carmon, Irin and Knizhnik, Shana. â€Å"Notorious RBG: The Life and Times of Ruth Bader Ginsburg.† Dey Street Books (2015). ISBN-10: 0062415832Burton, Danielle (October 1, 2007). â€Å".†10 Things You Didnt Know About Ruth Bader Ginsburg US News World Report.Lewis, Neil A. (June 15, 1993). â€Å".†The Supreme Court: Woman in the News; Rejected as a Clerk, Chosen as a Justice: Ruth Joan Bader Ginsburg The New York Times. ISSN 0362-4331

'Rebel Without a Cause' Film Review Essay Example | Topics and Well Written Essays - 500 words

'Rebel Without a Cause' Film Review - Essay Example In order to discern the position, it is important to look at the outstanding question that Jim Stark ask his father while considering the embodiment of manhood; â€Å"What can you do when you have to be a man?† (Ray II). When asking the question, Jim expects a clear and conclusive solution, but the father’s inability to give a precise answer points in a way to the question of masculinity among the characters in the movie. People wonder why there is not one definite answer explaining who a real man is. Is it that Mr. Stark is not sure of what it takes to be a man? Maybe there is more than one way of answering the question. One plausible thing in this scenario is that the society in which the movie is set provides only one standard model of manhood; that of a tough, hyper-masculine male. There seems to be numerous instances in the movie during which this assertion of a hyper-masculine male is ideologically shifted and distorted. For instance, when Jim gets back home, he finds his dad rushing to bring food to Jim’s mother afore she awakens. Jim becomes disgusted at just how diminished his father’s masculinity has become and begged him to stop getting submissive. It is clear that Jim’s disgust stems from his worries regarding the apparent inversion of gender roles. It is plausible in Jim’s character that something urgent needs to be done in order to re-define the true meaning of masculinity, and hence manhood. This explains why he cannot accept his father’s submissiveness to the mother. Out of frustration, he grabs his father and pushes him across the room. This action seems to encompass Jim’s desire to re-awaken the â€Å"man† in his father. According to Jim, the father has become an emasculated patriarch in this matriarchal society. When one turns to Frank’s life in the movie, it is notable that he has control over his activities, leaving him with little room to assert his masculinity. Indeed, his masculinity has

Buddhism Essay Example | Topics and Well Written Essays - 1500 words

Buddhism - Essay Example Mahayana or the ‘lesser vehicle’ is the physical, mental and spiritual discipline to maintain the purity of mind and body. As stated in the Yoga Darshana Upanishad, â€Å"not to do any ill-being in the act, in a word, in thought, that is ahimsa according to the Veda, for the Atman is present everywhere, inaccessible to the senses, in all beings; recognizing atman in them, that is true ahimsa†. It teaches compassion, ascesis, and contentment. The Lotus Sutra explains the infinite possibilities open to man. People have an infinite capacity to be good or bad. Through the Lotus Sutra, man can realize that it is possible to change for the better. Second, it teaches that all things are manifestations of the great life-force of the universe. In short, all things are coexisting and necessary for existence. Hinayana or the ‘greater vehicle’ can be equated to Theravada. The teachings concentrate on the four Noble Truths as defined by Buddha. For all these, the first Noble Truth is to be comprehended; the second is to be abandoned; the third is to be realized while the fourth is to be developed. In order to do this, there is a need to reconcile the physical senses and desires to a person’s mental concept of the things ‘desired’ by man. It teaches the concept that nothing is permanent, thus there is nothing significant when it pertains to anything physical in nature. With the recognition that everything is an offset from desire, there is a need to purge the mind of desires by recognizing the Four Noble Truths. (De Bary, 1969). 3. The Four Noble Truths form the very heart of Buddha’s teaching. It consists of the ‘Dukkha’ or suffering, the origin of suffering, the end to suffering, and lastly, the path to the end of suffering. Firstly, it must be recognized by an individual that there is suffering (Dukkha). Second, one must realize the origin of one’s suffering and it is attached to three kinds of desire (tanha): desire for sense of pleasure (kama tanha); desire to become (bhava tanha); and desire to get rid of

Economic freedom Essay Example for Free

Economic freedom Essay Does economic freedom help explain why the standard of living improves in some countries and declines in others? First of all we have to understand, what economic freedom is? Economic freedom according to William W. Beach and Tim Kane, PhD. â€Å" Economic freedom is that part of freedom that is concerned with the material autonomy of the individual in relation to the state and other organized groups. An individual is economically free who can fully control his or her labor and property. † (Taken from 2007 Index of economic freedom chapter no.3 by William W. Beach and Tim Kane, PhD). Or in simple words we can also say that everybody in his or her own country is said to be economically free, if their respective government protects their rights in every possible way and without any constraint. i.e. if an individual wants to learn anything, to do any kind of business or wants a job, then, he or she has a right to do that, while it is the responsibility of the government to make it convenient and possible for them. The first study of economic freedom was published in the year 1995, and it was improved over the years. There are about ten different types of economic freedoms, which are known as index of economic freedoms. The main purpose of defining these freedoms is to rank the countries in order to pave the way for foreign investment. Following is the list of ten economic freedoms: (taken from 2007 Index of economic freedom from chapter no.3 by William W Beach and Tim Kane, PhD). 1) Business freedom: To check the status of starting, operating and closing any business in how much time. 2) Trade freedom: To check the barriers and constraints in tariffs, import and export in the country. 3) Monetary freedom: To check the measure of price stability and how governments are controlling the prices, inflation etc. 4) Freedom from government: To check either state is providing public goods with minimum expenditure or not. 5) Fiscal freedom: To check the burden on the government with respect to revenue side. 6) Property rights: To check whether the public have keeping the private property rights, defined and secured by the laws, and are clearly defined by the government. 7) Investment freedom: To check whether the government deserves to have the foreign investment or not. 8) Financial freedom: To check the operation of financial institutions i.e. banking systems; are they out of government control or not. 9) Freedom from corruption: To check the status of corruption in the society, i.e. in the business system, judiciary, and administrative system in the country. 10) Labor freedom: To check the status of growth of labor and business either they are working without government interruption or not. (Taken from 2007 index of economic freedom from chapter no.3 by William W Beach and Tim Kane, PhD). Each one of the ten freedoms is measured on a 0-100 percent scale, 100 as the maximum freedom while 0 is the least or minimum freedom. The study of economic freedom was conducted on about 157 countries of the world. To show how it works, I choose two countries that are North Korea and South Korea. North Korea has a communist form of government and is ranked at no.157 in the index of 157 countries, its economy is 3% free. It has exports of $1.3 billion, it exports: minerals, metallurgical products, manufacturing (including armaments), textiles, fishery products etc. and imports of   $2.3 billion, it imports: petroleum, coking coal, machinery and equipment, textile grains etc. In communist form of government every asset in the country belongs to the state, therefore there is no business freedom i.e. 0 % (in 0-100 % scale) in N. Korea. Also government controls all the imports and exports so trade freedom i.e. 0 % is also nil. No data on income or corporate taxes is available so fiscal freedom i.e. 0 % is also zeroed. Also government owns all the property including businesses therefore freedom from government i.e. 0% is also nil. No publicly record of inflation data therefore monetary freedom i.e. 0% is also zero. Also no private financial sector, therefore financial freedom i.e. 0% is also nil. Wages and incentives are also controlled by government therefore labor freedom i.e. 0% is also nil, also corruption is heavily present in the country so corruption freedom i.e. 10% is also negligible, but there is some investment freedom i.e. 10%, after the opening of foreign investment zone in the far remote area of rajin sonberg where basic facilities are also not provided till date. The government does not cover property rights i.e. 10%, so they are also negligible.   (Taken from 2007 index of economic freedom from chapter no.5). While South Korea has democratic form of government and it is ranked at no.36 out of 157 in the index of economic freedom, and its economy is 68.6% free. S. Korea has export of $299.2 billion, it exports: semi conductors, wireless telecommunication, equipment, motor vehicles, computers, steel, ships and petrochemicals etc. It has imports of $269.8 billion, it imports: machinery, electronics, electronic equipment, oil, steel, transport, organic chemicals and plastics etc. As South Korea has democratic form of government, in that form, the government tries every possible effort to please its citizens, therefore starting, operating and closing the business in that country is relatively easy, there is a lot of business freedom i.e. 83.1% present in the country. S. Korea as compared to N. Korea has good trade freedom i.e. 64.2% present but there are some restrictions in its some activities like import, non-transparent regulations and standards etc. S. Korea has high income tax rate of about 38.5% and relatively low corporate tax of about 27.5%, so we can say that it has a good fiscal freedom i.e. 0-100 bracket it has about 81% free. After the foreign investment promotion act of Nov 1998 the government opens the doors to foreign investment in almost every sector except media, electric power and some agricultural sectors, and also residents and non residents can now holds foreign exchange accounts, so there is a lot of investment freedom i.e. about 70% free. The private property right i.e. 70% is secure by the government; corruption i.e. 50% is present at some extent in the country. The labor i.e. 57.7% market is working under restrictive employment regulations due to which employment and production growth rate is very low. Government interference in private sector is negligible, so freedom from government is 81.5%. The government regulates the prices in some sectors like agriculture, telecommunication and other utilities, which monetary freedom 79%, the government in retained some ownerships, second largest domestic bank is under them, which makes the financial freedom about 50% free. (Taken from 2007 index of economic freedom from chapter no.5).   In short economic freedom in South Korea is much superficial than North Korea, and it is mainly due to democratic and communism forms of governments, democratic people are enjoying the fruits of freedom while others do not.

Accommodating Students with Disabilities :: College Admissions Essays

Accommodating Students with Disabilities In order to earn a high school diploma in New York State, each student must acquire one physical education credit. "Paul" [a pseudonym] is in a wheelchair. He is a tenth-grade student with cerebral palsy at my high school. He needed to earn this credit, but would be unable to meet the challenges of physical education. Paul would have to get his physical education credit another way. The dean of students and varsity basketball coach were made aware of the problem and came up with a solution. Knowing that Paul is a basketball fan, he inquired whether he could record the stats. A modification to the program All-Star Stats 400 by Microsoft would enable Paul to maintain the stats and remove the task from the coach's shoulders. This idea was then discussed with the Learning Workshop teacher, a computer whiz. He reasoned that if Paul could break down, statistically, videotaped basketball games, he could input the stats into the computer. Paul discussed the idea with his teacher and really liked the idea-it allowed him to participate in high school basketball and earn the required credit. Once his teacher completed the modifications of All-Star Stats 400, Paul was given a valuable chance to get his physical education credit. The faculty's willingness to help a student shines through the mechanics of this process. The reason Paul succeeded in receiving his credit is because he was willing to try to make the idea become reality. The faculty worked together to form the raw materials, and Paul finished the product. This personal victory was barely noticed by the student body, although perhaps more students should take heed of the occurrence. The ideals expressed in this story include acceptance, creativity and cooperation among faculty and students. As his teacher said, "Getting Paul's credit shows the helpfulness and dedication of the faculty and the willingness and desire of Paul.

Law 531

Traditional and Nontraditional Litigation Systems Law/531 [ July 30, 2012 ] The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional, statutes and ordinance, common law and administrative. The features of these four are: * Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local levels. * Common Law is based on the concept of precedence – on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording their decisions and the reasoning behind the decisions. * Administrative Law – federal, state, and local level.Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme Court, Appellate courts and Trial courts, in the business environment the trial court is a popular choice because it handles the civil disputes and it is only when unique cases appear it is sent to be viewed by the Supreme Court for a ruling.Cases such as NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the healthcare law which mandates healthcare for all, when this kind of law is in place and it affects the citizens on a whole that decision must be weighed agains t the rules of the constitution which is the law of the land. Alternative Dispute Resolution (ADR) this is the mitigation process where the end result is the agreement according to the process of litigation.ADR is the involvement of a third party to who is unbiased but encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which may arise, the process is quicker because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is made. Finally, the agreement is also covered by a caveat of confidentiality which reminds both parties that the agreed terms must not be discussed.This type of discussion is helpful in mergers and acquisitions as is used in the work environments where a union supplies the employees. Comparison Both processes are features of the judicial system and the remedy is legally binding. Most times the remedy is monetary and the TORT is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American Legal System; Quick MBA, Law and Business http://www. quickmba. com/law/sys/, viewed July 30th 2012. Healthcare Reform Ruling; NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL; http://www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort; The Lectric Law Library LECLAW. com, http://www. lectlaw. com/def2/t032. htm, viewed July 30th 2012. ———————————⠀”——– [ 1 ]. A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties. ) Law 531 Traditional and Nontraditional Litigation Systems Law/531 [ July 30, 2012 ] The traditional legal system of utilizes law as it is foundation for all decisions. Laws in the United States have four sources; constitutional, statutes and ordinance, common law and administrative. The features of these four are: * Constitutional Law is based on a formal document that defines broad powers. Federal constitutional law originates from the U. S. constitution. State constitutional law originates from the individual state constitutions. Statutes and Ordinances are legislation passed on the federal, state, or local levels. * Common Law is based on the concept of precedence – on how the courts have interpreted the law. Under common law, the facts of a particular case are determined and compared to previous cases having similar facts in order to reach a decision by analogy. Common law applies mostly at the state level. It originated in the 13th century when royal judges began recording their decisions and the reasoning behind the decisions. * Administrative Law – federal, state, and local level.Administrative law is made by administrative agencies that define the intent of the legislative body that passed the law. These four steps are used to structure and interpret laws to remedy situations as they arise the enforcement occurs at three levels and they are called courts. The Supreme Court, Appellate courts and Trial courts, in the business environment the trial court is a popular choice because it handles the civil disputes and it is only when unique cases appear it is sent to be viewed by the Supreme Court for a ruling.Cases such as NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. (Supreme Court of the United States 2011) otherwise known as the healthcare law which mandates healthcare for all, when this kind of law is in place and it affects the citizens on a whole that decision must be weighed agains t the rules of the constitution which is the law of the land. Alternative Dispute Resolution (ADR) this is the mitigation process where the end result is the agreement according to the process of litigation.ADR is the involvement of a third party to who is unbiased but encourages a discussion between the parties. This features is particularly important to businesses because of this feature the discussions are private and so it reduces the negative publicity which may arise, the process is quicker because it because the terms of the agreement is then presented to judge for his/her viewing and then a ruling is made. Finally, the agreement is also covered by a caveat of confidentiality which reminds both parties that the agreed terms must not be discussed.This type of discussion is helpful in mergers and acquisitions as is used in the work environments where a union supplies the employees. Comparison Both processes are features of the judicial system and the remedy is legally binding. Most times the remedy is monetary and the TORT is settled in the civil courts, however, laws have two features, state and federal and whenever applicable the federal ruling is the governing law. ContrastThe judicial system in terms of the courts is time consuming and the pretrial hearings can be a lengthy task, the courts that will hear the case is also determined by the monetary remedy that is asked by the plaintiff. References Supreme Court System, American Legal System; Quick MBA, Law and Business http://www. quickmba. com/law/sys/, viewed July 30th 2012. Healthcare Reform Ruling; NATIONAL FEDERATION OF INDEPENDENT BUSINESS ET AL. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL; http://www. supremecourt. ov/opinions/11pdf/11-393c3a2. pdf, viewed July 30th 2012. Definition of Tort; The Lectric Law Library LECLAW. com, http://www. lectlaw. com/def2/t032. htm, viewed July 30th 2012. ———————————⠀”——– [ 1 ]. A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties. )

Performance Enhancing Drugs Should Be Allowed - 2071 Words

One of the most debated topics in all of sports is whether performance enhancing drugs should be allowed. According to the free dictionary, performance enhancing drugs is defined as â€Å"Any drug used to gain an advantage in sports. Such drugs may improve endurance or strength or accelerate healing after injury†. Performance enhancing drugs was first acknowledged as a problem in professional sports in 1967 when the international Olympic committee created a medical board due to the heightened use. Today there are seven types of performance enhancers including: stimulants, narcotics, anabolic-androgenic steroids, beta-2 agonists, peptide hormones, diuretics, blood doping. That number might seem small but there is a massive amount of variety within these drugs that is causing more and more athletes every year to use them. Performance enhancing drugs should be illegal because of the unfair advantage, health risks, and the lack of role models that athletes would play. Sports have been around since the beginning of time. As the games age and become more popular, they start to evolve and become more competitive at the same time. This evolution comes from better strategies, techniques, and ultimately the athletes themselves. In today’s modern era of sports, professional athletes are the most elite people in their field, always wanting to be better than anyone else. With every athlete striving to become one of the greatest to ever play, some want to take short cuts. These short cutsShow MoreRelatedShould athletes be allowed to take performance enhancing drugs?2013 Words   |  9 Pageswhen the application of performance enhancing drugs by athletes in sports activities has becoming a new trend and relatively common. Performance enhancing drugs are used so athletes could achieve better results with least efforts, even as their health and their athletic careers will be placed in danger. That explains why athletes, sports people and body builders turn to per formanc enhancing drugs. What are performance enhancing drugs? The use of performance enhancing drugs by athletes has becomeRead MoreWhy Performance Enhancing Drugs Should Not be Allowed in the Sporting Community1916 Words   |  8 PagesThis is a material world promoting material values, thus meaning that it should not be surprising to see individuals being willing to do everything in their power in order to make profits. Or should it? The sports community today is troubled by a series of athletes who have yielded to societys pressures and abandoned their principles with the purpose of taking performance enhancing drugs. It is difficult to determine if it would be normal for the masses to judge these individuals, concerning thatRead MoreUse Of Performance Enhancing Drugs1338 Words   |  6 PagesResearch Paper Final Draft The Use of Performance-Enhancing Drugs in Sports According to NPR.com, the argument over the use of performance-enhancing drugs by professional athletes has been at the center of an international ethical debate for many years (Katz). Many people argue that these drugs should be allowed, while others argue that these drugs should be banned from professional sports. Professional sports athletes should avoid the use of performance-enhancing drugs so that the integrity of sportsRead MoreDisadvantages Of Drugs In Sports1102 Words   |  5 Pagescomes into their head is winning. Nowadays, athletes are no stranger to the use of performance enhancing drugs in sports as a way to take shortcuts and beat the competition. The use of drugs in sports is wrong and creates an unfair advantage over everyone else. Moreover, it has many disadvantages and risks to the user which begs the question - what is the cost of using these drugs in sport? Performance enhancing drugs are on the rise in sports as they become more popular amongst athletes. HoweverRead MoreEssay about Steroids in Sports: Right or Wrong?947 Words   |  4 Pagesmore agility and skill to play the game, but should it be fair to allow them? This would give some players an advantage in their sport over the players who reject the drugs. If drugs are illegal in the common world, then why should athletes be able to get away with performance enhancing drugs in sports. Should professional athletes be allowed to use these drugs without breaking the rules? Some people and experts feel steroids and performance enhancing drugs have no place in professional sports. â€Å"DopingRead MoreSay No to Doping!1042 Words   |  4 Pagesfailed the drug test (Cashmore) . Ellis Cashmore, a professor of culture, media, and sports at Staffordshire University in the United Kingdom, through his article, â€Å"Making Sense of Sports† , came up with an argument that drug should be allowed in sports. In the article, he effectively countered the argument of some people out there that taking drug will lead to the unfair competition. As we are from the generation who are never bored of seeking the best in human ability, the usage of drug is crucialRead MoreShould Peds Persist Illegal For Athletes?1220 Words   |  5 PagesShould PEDs Persist Illegal for Athletes? Who could spare a day not doing any sort of sports? Throughout the years sports have been taking much place in people’s lives. Physical activity is an action which requires an individual’s efforts and own sweat. Of course, the efforts should ward off any drug involvement, especially in the sports field. Using performance enhancing drugs has extended and become a wide-spread phenomenon in many fields of sports. Using PEDs is one of the issues thatRead MoreSports and Performance Enhancing Drugs Essay1221 Words   |  5 PagesPerformance enhancing drugs in todays pro sports have become a big deal, because of health stimulants and the benefits that such studies have on good development of the person and on fair athletic games. Pediatricians or trainers can play a huge role in helping the athlete or player that is using or taking performance enhancing drugs. By taking factual info about the true benefits and medical problems of these drugs and giving information about healthy food and working out. Tries to create a changeRead MorePerformance Enhancing Drugs For Professional Sports1703 Words   |  7 Pagesthe use of performance enhancing drugs. The debate on whether or not performance enhancing substances should be allowed in professional sports has been going on for years, decades even. Many believe that using steroids and other performance e nhancers should automatically disqualify an athlete from ever being able to be a member of the Hall of Fame, in sports in general, not just in Major League Baseball. However, there is an argument to be made to make the use of performance enhancing drugs legal inRead MoreSports Enhancing Drugs Is Great for sports: Personal Opinion Essay1422 Words   |  6 Pagesworlds best athletes in it Michal Jordan. He is known as one of the greatest basketball players ever to play the game. Space jam can show how an extra boost can improve players’ game play to the next level. Athletes should be able to use sports enhancing drugs to boost performance for better play and fan entertainment. Think of a world where athletes are stronger, faster and more physical then today normal athletes. This would be great for fans that enjoy entertainment at high levels of play. Athletes