Monday, May 25, 2020

How Are Federal Judges Selected

The term federal judge includes Supreme Court justices, court of appeals judges, and district court judges. These judges make up the federal court system, which litigates all U.S. federal charges, upholding the rights and liberties contained within the Constitution. The selection process for these judges is laid out in Article II of the U.S. Constitution, while their powers can be found in Article III. Key Takeaways: Federal Judge Selection The United States President nominates potential federal judges.The U.S. Senate confirms or rejects the Presidents nominees.Once confirmed, a federal judge serves for life, with no term limits.In rare cases, a federal judge can be impeached for failing to uphold good behavior under Article II of the Constitution. Since the passage of the Judiciary Act of 1789, the federal judicial system has maintained 12 district circuits, each with its own court of appeals, regional district courts, and bankruptcy courts. Some judges are referred to as federal judges, but are part of a separate category. The selection process for Magistrate and bankruptcy judges is separate from Supreme Court justices, court of appeals judges, and district court judges. A list of their powers and their selection process can be found in Article I. Selection Process The judicial election process is an important part of the Second Article of the U.S. Constitution. Article II, Section II, Paragraph II reads: [The President] shall nominate [...] Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. In simplified terms, this section of the Constitution states that appointing a federal judge requires both nomination by the President and confirmation by the U.S. Senate. As a result, the President can nominate anyone, but may choose to take Congressional suggestions into consideration. The potential nominees may be vetted by the Senate through confirmation hearings. At the hearings, nominees are asked questions about their qualifications and judicial history. Qualifications to Become a Federal Judge The Constitution does not give specific qualifications for justices. Technically, a federal judge does not have to have a law degree to sit on the bench. However, judges are vetted by two different groups. The Department of Justice (DOJ): The DOJ maintains a set of informal criteria used to review a potential judgeCongress: Congressional members suggest potential candidates to the President, using their own informal decision process. Judges may be selected based on their past rulings in lower courts or their conduct as a lawyer. A president may prefer one candidate over another based on their preference for the opposing practices of judicial activism or judicial restraint. If a judge does not have prior judicial experience, it is difficult to predict how they may rule in the future. These predictions are strategic. The federal judicial system remains a check on Congress legislative power, so Congress has a vested interest in seating a judge that favors the current majoritys interpretation of the Constitution. How Long Federal Judges Serve Federal judges serve life terms. Once they are appointed, they are not removed as long as they uphold good behavior. The Constitution does not define good behavior, but the U.S. Court system has a general code of conduct for judges. Federal judges can be impeached for failing to show good behavior under Article II of the Constitution. Impeachment is broken down into two elements. The House of Representatives has the power to impeach, while the Senate has the power to try impeachments. Impeachment is extremely rare, shown by the fact that between 1804 and 2010 a total of 15 federal judges were impeached. Out of those 15, only eight were convicted. The longevity of a federal judicial appointment makes the nomination and approval process extremely important to sitting presidents. Judgeships outlast the presidency by many years, meaning that a president might view a Supreme Court appointment as their legacy. Presidents do not control how many judges they can nominate. They nominate once seats open up or new judgeships are created. Judgeships are created through legislation when needed. Need is determined by a survey. Every other year, a Judicial Conference run by the Judicial Resources Committee invites members of the courts across the U.S. to discuss the status of their judgeships. Then, the Judicial Resources Committee makes recommendations based on a variety of factors including geography, age of sitting judges, and diversity of cases. According to the U.S. Courts, A threshold for the number of weighted filings per judgeship is the key factor in determining when an additional judgeship will be requested. Federal judgeships have grown in number over time, but the Supreme Court has remained constant, sitting nine justices since 1869. Sources â€Å"Code of Conduct for United States Judges.†Ã‚  United States Courts, www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges.â€Å"Federal Judges.†Ã‚  United States Courts, www.uscourts.gov/faqs-federal-judges.â€Å"Federal Judge.†Ã‚  Ballotpedia, ballotpedia.org/Federal_judge.â€Å"Impeachments of Federal Judges.†Ã‚  Federal Judicial Center, www.fjc.gov/history/judges/impeachments-federal-judges.â€Å"Judgeship Appointments by President.† U.S. Courts, 31 Dec. 2017.U.S. Constitution. Art. II, Sec. II.

Thursday, May 14, 2020

The Action And Formal Movement - 1903 Words

The lawful action and formal movement groups made in the left coast throughout the seventies to help protect gay rights, built a foundation for the gay rights movement that gays all over the country used to gain equal rights such as marriage rights, counceling rights, and employment. For many years, the voices of the LGBT community were oppressed by regular society. But, beginning in the late 60’s, the movement of counterculture began to challenge common thought that other races and gender types should be treated with equal respect. Although these movements of counterculture such as the famous stonewall riots, helped spark the movement, it was not until cities like seattle and portland implemented legal protection, that the gay community started to grasp footing. The Left Coast, being the first region to put an openly gay man in office, created an image for the rest of the country that gays can be successful in the workforce. Harvey Milk feeling need to change after the stonewall riots and gay oppression in new york, joined with the migration of gays to the west coast where he settled in the Castro district. Feeling like he needed to make a personal change, he began his contribution to the gay rights movements by opening a camera store in the castro district. In addition to selling camera and film, he used the store space as the headquarters for his gay rights campaigning. He did this in response to gay rights opposition protesting that Milk and his partner couldShow MoreRelatedGeographic Departmentalization : An Organization1627 Words   |  7 Pageswith the #BlackLivesMatter message. BLM’s geographic departmentalization is loose and informal. Rather than one central body putting in place the organizational infrastructure and then sending employees there, BLM depends on activists starting movements in their own areas independently. 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Wednesday, May 6, 2020

Movie Analysis Dead Pool - 1179 Words

Action Adventure movies are one of the most common genre of movies that we see in the theatres. This genre of movie makes the biggest headlines and is also paired with the biggest ticket sales. So with such huge success that the Action Adventure genre within movies has, something has to be working to garner such an audience. In this year there have been quit a few Action Adventure movie hits, such the widely anticipated movie â€Å"Dead pool.† Dead pool is a movie about a dark humored mercenary who is subjected to an experiment that mutates his genes, giving him powers and a thirst for revenge. Dead pool ended up setting records for the biggest opening for a movie in February, as well as the biggest opening for an R-rated movie, ever. As one can tell, it was a rather successful movie. It begs the question, why did such a movie work for the audience? Deadpool had a couple of things going for it to make it work. Things such as it’s R-rating, it’s marvel and comic b ook origins, it’s humor, and as well as it’s fan base. These things combined produced the perfect cocktail for audiences. Deadpool was a first of it’s kind. Not only that but it showed Hollywood that such a movie, where nothing was off limits, could prevail in the industry. Many of the recent marvel movies that have been released in the past few years have had a PG-13 rating. This is the most popular rating among movies across all genres. This is because it’s not seen as a kid’s movie like G or PG ratings, but it alsoShow MoreRelatedEssay about Great Gatsby Film Analysis839 Words   |  4 PagesRachel Hobson HON English 3 September 11, 2011 Critical Analysis: The Great Gatsby Film The classic American novel, The Great Gatsby, presents a major theme of passing time. Losing Daisy meant losing Gatsby’s entire world, which he only kept alive through his hope of repeating the past. 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Tuesday, May 5, 2020

Corporate Social Responsibility And Access - Myassignmenthelp.Com

Question: Discuss about Corporate Social Responsibility And Access. Answer: Corporate Social Responsibility states that every business has a responsibility towards the society whether it is environmental, social or even towards its stakeholders including employees, suppliers, shareholders and community at large (Suliman, Al-Khatib, Thomas, 2016). Corporate social responsibility states that every business has responsibility to contribute towards the social well being of the society at large. Nowadays most of the company are compulsorily required to follow and fulfil their social responsibility towards the society in which it operates (Cheng, Ioannou, Serafeim, 2014). The company which is selected for this assignment is Altech Chemical Ltd which has its headquarters in Australia and it is also listed in the Australian stock exchange (Altechchemicals.com, 2018). The corporate responsibilities of a business organisation are given in points below: The main responsibility of any business organisation is to contribute to the needs of the society which may be generation of employment and income generation for the society as well as development of the business. Some of the business takes responsibility of environmental issues of the society such as planting of more trees, management and use of society resources in an effective manner. Most of the chemical and oil companies are responsible for waste management. In other words such types of companies are responsible to dispose off the waste created by them in a safe manner. Most of the time such wastes are hazardous in nature and therefore these waste must be dealt with in a safe manner. A business can engage in charitable work in order to show the society that the company is following its corporate responsibility toward the society. The charitable work of the business can be donations to public organisations, schools and charitable institutions. Altech Chemical ltd has to follow its corporate social responsibility as every business in Australia has to strictly follow corporate social responsibility. The corporate social responsibility of Altech Chemical ltd is the management of waste which the company generates in production of alumina (Altechchemicals.com, 2018). The hazardous and bio degradeable are dumped in a pit where there is no chance of leakage to the ground water or else it will lead to ground water population. The company is also engaged in exploration activities which naturally disrupt an area and its surroundings. However the company has license for exploration activity from the government of Australia. The responsibility of the Altech Chemical ltd is to ensure that the company develops the area where the company had conducted exploration activities (Altechchemicals.com, 2018). The company will be recovering the area and planting trees and levelling the ground soil. Most of the companies in Australia need to follow corporate social responsibilities as it is mandatory in most of the countries. It is the responsibility of the business to ensure that they are contributing to the needs of the society. (Bu?i?nien?, Kazlauskait?, 2012). Basically the society gives the power to such business to operate and in return the society expects that the needs of the society are given priority. However most of the businesses do not consider such responsibilities as important. They just incur such expenses in order to show the public that the company is incurring some expenses in Corporate Social Responsibilities (CSR). Such companies consider this CSR expenses as unnecessary expenses (Brammer, Jackson, Matten, 2012). However some of the companies follow such policies properly. Altech Chemical Company has shown exploration and development expenses in the balance sheet at $571904 for the period ending on 30 June 2016. The figure of exploration and development ex pense consist of restoration costs which the company incurs on the sites of exploration by the company (Altechchemicals.com, 2018). As per Milton Friedman, the one and only responsibility of a business is to use the resources available to the organisation in order to increase the profits of the organisation while facing competition and without using any deception or fraudulent means. Most of the corporate businesses agree with this view that the primary concern of the business is to earn profits and maximise the wealth of its shareholders. However due to strict norms introduced by most of the countries corporate organisations nowadays have to follow corporate social responsibilities. Some of the businesses have incorporated CSR strategies in their policies to ensure that the corporate responsibilities of the business are taken care of and the accountability for the same is accepted by the business. CSR strategies not only demonstrate to the society that the business care for them but also follow sustainable development. In order to understand how CSR strategies can bring about sustainable development, the first t hing that is needed to be understood is the concept of sustainable development. Sustainable development can be described as the development which looks after the needs of present generations without jeopardizing the ability of future generations to meet their own needs (Holden, Linnerud, Banister, 2017). The concept of sustainable development is important as it is the only way to save the natural resources for the future generations. CSR strategies consist of activities like environmental restorations, charity works, development of schools and hospitals and waste management. Corporate houses have responsibilities to ensure that the corporate social responsibilities of the business are efficiently managed and implemented. If business follow their corporate social responsibilities in efficient manner there is a genuine chance that the society can stay on the path of sustainable development (Barkemeyer et al., 2014).For this purpose the company holds various exploration licences from the Australian government and the company is also responsible for the rehabilitation of the area which was under mining or exploration. The exploration and development costs as shown in the balance sheet of Altech Chemicals ltd signifies that the companys exploration expenses are capitalised as it is directly associated with the production activity of the business (Altechchemicals.com, 2018). The exploration and development cost as shown in the balance sheet of the company which includes restoration cost of the area where the exploration activity took place. Thus the company undertakes activities which are related to the restoration of the environment and safe dumping of the waste which is generated in the process of production of alumina. Looking after the environment from where such businesses draw natural resources is definitely steps which the business takes towards sustainable development. Profit maximisation refers to concept where the business is focused on earning as profit as it can for the business. The business primary focus is when the business strategy is profit maximisation is to earn as much profit as possible for the business (Cao et al., 2013). In such a case the company uses all kind of strategies which will allow the business to earn as much profit as possible. A business normally earns more profits in order to satisfy the owners or shareholders of the business. In other words a business earns profit out of which a part of the profit is distributed among the shareholders. As the business earns more profits the business can distribute more profits as dividends to its shareholders. With passing time business and the world realised that the business are not just responsible to the shareholders but all the stakeholders of the business (Seuring, Gold, 2013). Stakeholders are individuals who are directly or indirectly affected by the activities of the companie s and hence the companies should be accountable to them as well. The stakeholders include employees, credits, banks, investors and anyone who is affected by the activities of the business (Lawrence, Weber, 2014). Nowadays most of the companies recognises that the company is accountable to all the stakeholders. In recent times the profit maximisation concept has been replaced by wealth maximisation concept and profit solely is not considered as a factor of performance of the business (Wilson, Plumley, Ramchandani, 2013). The business considers other performance indicators such cash flows in the business, companys reputation in the market, stock prices of the company in the market (Cho, Lee, Pfeiffer, 2013). Positive cash flow shows that the company has well established liquidity structure and positive cash flows show that the business is developing. The companys reputation in the market is also considered to be an indicator of the performance of the company. If the company is perf orming well then the reputation of the company will be good. The company will then have loyalty in the shareholder market. Results also show that a company which is performing well are always awarded with high share prices. Altech Chemical Companys financial statement shows that the company is not performing well as the company has incurred a net loss of $ 1233076 (Altechchemicals.com, 2018). The companys cash flow statement shows that the company has negative cash flow from operating activities in 2016 (Altechchemicals.com, 2018). This shows that the company is having difficulty in the operations. Reference Altech Chemicals Limited - High Purity Alumina Producer. (2018).Altechchemicals.com. Retrieved 11 January 2018 Barkemeyer, R., Holt, D., Preuss, L., Tsang, S. (2014). What happened to the developmentin sustainable development? Business guidelines two decades after Brundtland.sustainable development,22(1), 15-32. Brammer, S., Jackson, G., Matten, D. (2012). Corporate social responsibility and institutional theory: New perspectives on private governance.Socio-economic review,10(1), 3-28. Bu?i?nien?, I., Kazlauskait?, R. (2012). The linkage between HRM, CSR and performance outcomes.Baltic Journal of Management,7(1), 5-24. Cao, J., Hwang, K., Li, K., Zomaya, A. Y. (2013). Optimal multiserver configuration for profit maximization in cloud computing.ieee transactions on parallel and distributed systems,24(6), 1087-109. Cheng, B., Ioannou, I., Serafeim, G. (2014). Corporate social responsibility and access to finance.Strategic Management Journal,35(1), 1-23. Cho, S. Y., Lee, C., Pfeiffer, R. J. (2013). Corporate social responsibility performance and information asymmetry.Journal of Accounting and Public Policy,32(1), 71-83. Holden, E., Linnerud, K., Banister, D. (2017). The imperatives of sustainable development.Sustainable Development,25(3), 213-226. Lawrence, A. T., Weber, J. (2014).Business and society: Stakeholders, ethics, public policy. Tata McGraw-Hill Education. Seuring, S., Gold, S. (2013). Sustainability management beyond corporate boundaries: from stakeholders to performance.Journal of Cleaner Production,56, 1-6. Suliman, A. M., Al-Khatib, H. T., Thomas, S. E. (2016). Corporate Social Responsibility.Corporate Social Performance: Reflecting on the Past and Investing in the Future, 15. Wilson, R., Plumley, D., Ramchandani, G. (2013). The relationship between ownership structure and club performance in the English Premier League.Sport, Business and Management: An International Journal,3(1), 19-36.