How to become a good justice, especially a Supreme Court Justice, whose decision can hugely affect the interpretation of constitution in the subsequent cases around the country. In Tinker v. Des Moines, justice Fortas provided a great example of how to become a good justice. The majority opinion in Tinker v. Des Moines makes a reasonable, coherent and solid argument, which is stronger than the dissent in the decision. First, the majority opinion by justice Fortas in Tinker v. Des Moines uses a lot of precedents. Precedent arguments make his argument more convincing because precedents are thing that have been proven to be justice in the similar situation. It is reasonable for the court to follow these precedents. For example, justice Fortas states that the student in public school may not be compelled to salute the flag by using in West Virginia v. Barmette. This case states that students are entitled by the First Amendment. And a piece of speaking through Mr. Justice Jackson is even quoted. Especially contradicted to the dissent in this case, much more precedent used successfully to improve the reasonableness of the majority opinion. …show more content…
He pointed out and refuted the flaws in the reasoning of the lower court. For example, when discuss on if school has any rights to penal these children, he wrote this, “The District Court concluded that the action of the school authorities was reasonable because it was based upon their fear of a disturbance from the wearing of the armbands. But, in our system, undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression. “ This clearly pointed out that school didn’t have any right to deprive children of their freedom of expression based upon “fear” or
Sparkle Company is a Nigerian diamond mining company. Sparkle is a joint venture, 50 percent owned by Shine and 50 percent owned by Brighten. Both Shine and Brighten are U.S.-based companies with their functional currency being the American dollar. Sparkle Companies functional currency is that of Nigeria, being the Naira. During 2009, Sparkle had several transactions with its joint venture owners and outside parties. The details of Sparkle’s transactions are three loans, three expenditures, and one revenue stream. The loans the company took out were $1 million from Brighten, $1 million from Shine, and 300 million Naira from a local Nigerian bank. The expenditures
In “from Tinker v. Des Moines Independent Community School District” by Justice Abe Fortas, the Supreme Court creates a strong argument against the disruption of the black armbands. When discussing this argument the author uses a strong expression of logical evidence and a great variety of diction. In “Supreme Court Landmark Series: Tinker v. Des Moines,” an interview with law professor Catherine Ross, more empirical evidence is presented and the wide range of diction and syntax is not presented as advanced as it was in the first article.
As part of their journalism class students produced a newspaper with a collection of student-written articles about teen pregnancy and the impact of divorce on kids. As a result, the principal made the decision to delete the two articles from that edition of the school’s newspaper. Consequently, three students sued the school district alleging violation of their First Amendment rights.
The case of Tinker vs. Des Moines to place at Warren Harding Junior High School in Des Moines, Iowa and dealt mostly with Your freedom of speech and freedom of expression on school grounds. On December 16th, 1965, Fifteen-year-old John Tinker, Thirteen-year-old Mary Beth Tinker, Eleven-year-old Hope Tinker, Eight-year-old Paul Tinker, and Sixteen-year-old Christopher Eckhardt wore black armbands to schools to protest the ongoing Vietnam War. But then the principal of the school then told them that if they proceed to enter the school grounds with the black armbands a part of their dress attire, they will be suspended for the rest of the year until they decide to not return with the black armbands. They then return to school on January
Today I was able to have a quick interview with the honorable Mrs.Salvarez. I asked her a few questions about what she does in the government and if she could clarify some things.
1. The witness has first had an opportunity to explain or deny it and counsel for the other parties have had an opportunity to ask about it, and
Those observing from outside including the defense, thought Judge Jones presiding over the case would be advantageous to the defense because of his conservative affiliations. He was nominated to the District Court by President George Bush on the recommendation of Arlen Spencer and Rick Santorum. It is well noted that Conservatives are strong proponents for religion. Also, Rick Santorum, a Jones’s ally, has strong ties to the Catholic religion. It must have been tempting for Jones, who is conservative, and connected to Rick Santorum, to rule closer to the grounds of his allegiance despite his oath to ruling objectively. However, after reading the opinion of the Kitzmiller case, it is apparent that he tosses those connections to the side and allowed the facts and law to dictate the outcome. The lengthy opinion written by the Judge showed a thorough legal analysis. The approach used would make those who agree or disagree with the ruling see that he did not infuse his personal policy in the decision making, and respect the logical reasoning used in the
In source one, the article first reveals some history on Justice Don Willett, such as his D.O.B., career, who appointed him, and when he was elected. The article then goes onto discussing five points about Justice Willett, specifically one of his notable cases, Patel v. Texas Department of Licensing and Regulation, which revealed his political belief and being acclaimed by Libertarians and Conservatives. The article reveals his active social media pages, his conflict between President Trump before he was on the list of potential Supreme Court Candidates, his political affiliation, and his connection with Former President George W. Bush. This would assist in
Jules Kroll is planning to enter into the ratings industry. To determine whether it is a good idea and a good time for him to enter into the new business, we project the 5-year NPV for KBRA and apply SWOT analysis to KBRA. The 5-year projected NPV is $341.1 million, a positive number. It is a good time and a good idea for KBRA to enter the business. However, through our SWOT analysis, it would be difficult for KBRA to become competitive in a short time. Thus we suggest it add a credit rating division into the company to make attempts to it but not start up a
b. From this, the principle may influential to individual justices that can compare the current case to that of a previous ruling, and in result the justice may choose the same ruling that was given to the similar case.
Young Professional magazine was developed for a target audience of recent college graduates who are in their first 10 years in a business/professional career. In its two years of publication the magazine has been fairly successful. Now the publisher is interested in expanding the magazine’s advertising base. Potential advertisers continually ask about the demographics and interests of subscribers to Young Professional. To collect this information the magazine has commissioned a survey to develop a profile of its subscribers. The survey results will be used to help the magazine choose articles of interest and provide advertisers with a profile of subscribers. As a new employee of the magazine, you have been
The purpose of this research is to rationalize an amendment to the Constitution of the United States forcing Supreme Court Justices into a medical review to determine if the Justices are physically and mentally able to continue to serve their tenure. The focus is to create a half way point between two opinions in the very controversial subject of the Supreme Court Justices tenure. As the Judicial Branch becomes more active, citizens have questioned the rationale of justices serving for life, while others maintain that there is no need for change. The middle ground purposed is the establishment of a medical review of the justices and the hard part is establishing when they are medically unfit to serve. Considering the Constitutional purpose
In addition to demonstrating that the Supreme Court used to be highly in favor of the First Amendment, Tinker v. Des Moines demonstrates that the First Amendment does not harm anyone. According to the Supreme Court, there was “no evidence whatever of petitioners' interference, actual or nascent, with the schools' work or of collision with the rights of other
As a result, Drummond argument during the trial efficiently portrayed logical reasoning especially while examining Brady on the witness stand. in contrast with Brady, who only focused on the Bible and its literal meaning. Despite of the narrow support his argument offered, he was able strengthen his argument in favor of the juror due to religious and emotional appeal. Nevertheless, Drummond presented a stronger and effective argumentative
Can the value of human life be determined by dollars and cents? Is one life more valuable than another, or can one be tossed aside like the leftover change someone receives after buying a hamburger from McDonald 's? Placing a monetary value on someone 's life is nearly impossible to do, as can be seen in Episode 05 of Michael Sandel 's Justice series. Episode 05 is split into two parts, both involving how to determine if a price can be placed on the life of a fellow human being. Part one discusses whether or not it is acceptable to pay someone else to take one 's place during military conscription, while part two focuses on whether or not paying for a surrogate mother or father is in fact a monetary transaction of human life. The transaction of human life seems to be morally wrong, but at the same time can be justified. Are human lives simply a figure that can be determined by someone who is paid to see how much someone is worth, or how much someone will be worth? Although the life of someone can be objectively valued, a human life should not be monetarily valued for any reason.