The Supreme Court Adopted This Argument

Lafler, No. 09-1073 (6th Cir. Panel of Judges Cole, Gibbons, and Cleland (E.D. Petitioner argued that Mich law governing parole created a liberty interest under the Fourteenth Amendment enforceable under 28 U.S.C. 2254. Court found that, despite Mich classifying a parole-eligible inmate as having a high probability of release, actual release determinations are uncertain and the parole board has broad discretion. There is no enforceable claim of entitlement to release. Ct affirmed dismissal of the petition. Petitioner convicted of CSC 3rd and sentenced to 3 to 22.5 years. Also picked up a cocaine charge while on bond for the CSC. Got 7 to 20 (consecutive to the CSC) for the cocaine. Petitioner became eligible for parole in ’08. He was marked as having a high probability of parole. But after the parole-board interview, the board denied parole for 18 months. Petitioner argued that the board relied on a seven-year-old psych report that could not adequately reflect his risk of recidivism in ’08. He raised other arguments regarding the board’s reasons for denying parole.

Petitioner filed a “motion to show cause” in federal court (W.D. 2254. Petitioner argued that board’s decision was not supported by evidence and constituted a deprivation of liberty w/o due process. The magistrate judge recommended dismissal for failure to raise a meritorious federal claim. The district court adopted the recommendation and dismissed the petition. The ct also denied a cert of appealability. Petitioner appealed; the COA granted a certificate of appealability. Court reiterated that “There is no constitutional or inherent right of a convicted person to be conditionally released before expiration of a valid sentence.” States may establish parole systems, but there is no duty to do so. The Supreme Court found that Nebraska’s parole system (in 1979) should be afforded some constitutional scrutiny b/c the statutory scheme was unique, ordering that an inmate SHALL be released unless certain factors are present. The same was true of Montana’s system. And the reasoning applied even in cases where the parole board had broad discretion. Even if the board has discretion, if the board determines, in its discretion, that the factors are met such that the statute requires release, there is a liberty interest.

The Sixth Circuit, sitting en banc, decided in Sweeton v. Brown, 27 F.3d 1162 (6th Cir. Michigan’s parole system does not create a liberty interest. The Sweeton decision, however, was not dispositive b/c Mich had since amended the parole system to curtail discretion. But Michigan’s system does not presume release (e.g., release mandated unless certain factors present). Under the Mich system, any expectation of release is limited to a class of inmates. So at best, only a limited class of inmates could have a potential liberty interest. And this class is not readily discernible from the statute. And the reasons the parole board could use to deny parole are ambiguous in the statute: there is very broad discretion. Mich’s amendments to the parole system do not change the holding in Sweeton. Judge Cole dissented. He found that under Supreme Court precedent Michigan’s parole system creates a presumption that release will be granted. Both the majority and the dissent are fun to read. The language is energetic and the writers use entertaining and colorful analogies, examples, and quotes.

The nearest equivalent (and perhaps also the most generic of rights) is Article 21 of the Constitution which only states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law”. Though judicial interpretation, it has come to be established that this fundamental right is one of wide magnitude and the ‘right to privacy’ is only an off-shoot of this provision. It has also been held time and again that ‘right to livelihood’ is an integral part and facet of the right to life. Therefore to deprive one of his livelihood in a manner which is opposed to a civilized treatment would be violative of this fundamental right. The right to privacy, if one can say so, can be traced as emanating from a 1975 decision of the Supreme Court in Govind v. State of Madhya Pradesh. Individual autonomy, perhaps the central concern of any system of limited government, is protected in part under our Constitution by explicit constitutional guarantees.

In the application of the Constitution our contemplation cannot only be of what has been but what may be. Time works changes and brings into existence new condition subtler and far reaching means of invading privacy will make it possible to be heard in the street what is whispered in the closet. Yes too broad a, definition of privacy raises serious questions about this propriety of judicial reliance on a right that is not explicit in the Constitution of course, privacy primarily concerns the individuals. It therefore relates to and overlaps with the concept, of liberty. The most serious advocate of privacy must confess that there are serious problems of defining the essence and scope of the right. Privacy interest in autonomy must also be placed in the context of other right and values. Any right to privacy must encompass and protect the personal intimacies of the home, the family marriage, motherhood, procreation .and child rearing. This catalogue approach to the question is obviously not as instructive as it does not give analytical picture of that distinctive characteristics of the right of privacy. Perhaps, the only suggestion that can be offered as unifying principle underlying the concept has been the assertion that a claimed right must be a fundamental right implicit in the concept of ordered liberty.

Graduated from: Harvard Law School. He clerked for: Judge Henry Friendly, Chief Justice William Rehnquist. He used to be: associate counsel to the president for Ronald Reagan, deputy solicitor general for George H.W. Bush, partner at Hogan & Hartson. He’s now: a judge on the U.S. Court of Appeals for the D.C. His confirmation battle: Roberts has been floated as a nominee who could win widespread support in the Senate. Not so likely. He hasn’t been on the bench long enough for his judicial opinions to provide much ammunition for liberal opposition groups. But his record as a lawyer for the Reagan and first Bush administrations and in private practice is down-the-line conservative on key contested fronts, including abortion, separation of church and state, and environmental protection. For a unanimous panel, denied the weak civil rights claims of a 12-year-old girl who was arrested and handcuffed in a Washington, D.C., Metro station for eating a French fry. Roberts noted that “no one is very happy about the events that led to this litigation” and that the Metro authority had changed the policy that led to her arrest.

In private practice, wrote a friend-of-the-court brief arguing that Congress had failed to justify a Department of Transportation affirmative action program. For Reagan, opposed a congressional effort—in the wake of the 1980 Supreme Court decision Mobile v. Bolden—to make it easier for minorities to successfully argue that their votes had been diluted under the Voting Rights Act. For Bush I, co-authored a friend-of-the-court brief arguing that public high-school graduation programs could include religious ceremonies. Voted for rehearing in a case about whether a developer had to take down a fence so that the arroyo toad could move freely through its habitat. Roberts argued that the panel was wrong to rule against the developer because the regulations on behalf of the toad, promulgated under the Endangered Species Act, overstepped the federal government’s power to regulate interstate commerce. For Bush I, argued that environmental groups concerned about mining on public lands had not proved enough about the impact of the government’s actions to give them standing to sue. The Supreme Court adopted this argument. Joined a unanimous opinion denying the claim of a prisoner who argued that by tightening parole rules in the middle of his sentence, the government subjected him to an unconstitutional after-the-fact punishment. The panel reversed its decision after a Supreme Court ruling directly contradicted it. For Bush I, successfully helped argue that doctors and clinics receiving federal funds may not talk to patients about abortion. Concurring in a decision allowing President Bush to halt suits by Americans against Iraq as the country rebuilds, Roberts called for deference to the executive and for a literal reading of the relevant statute.

The entryways of the Sabarimala temple will be opened today evening for puja on the event of a brief ritual- “Chithira Aattavisesham” tomorrow, the birthday of the last King of Travancore, Chithira Thirunal Balarama Varma. The temple doors will be shut then at 10 pm. The doors will reopen for darshan from November 17 for the three-month-long yearly pioneer season. The Sabarimala Temple, where nearly 30-40 million devotees visit every year, has been following a centuries-old tradition of banishing ladies of age 10-50 years from entering the temple as the presiding deity Lord Ayyapa is viewed as a celibate. The Supreme Court over ruled this tradition on September 28. The temple is opening today for the second time since the Supreme Court order. Hindu outfits have challenged the Supreme Court verdict of passage of ladies of menstrual age to the temple and are looking for a review of its September 28 order. The first time the hundreds of years old blessed temple was opened after the SC order was between October 17 and October 22 . Then, due to massive protests, no lady could gently enter the sanctuary in spite of security cover. Writers were bothered and media vans assaulted by protesters when the sanctuary was opened. Ladies columnists covering the event were likewise assaulted. Ahead of the opening of Sabarimala temple today, Hindu outfits keep on challenging the section of ladies of menstrual age to the Sabarimala temple. They have asked media houses not to send young ladies columnists to cover the occasion. Hindu outfits tell media.

Surrogacy is not an uncommon word these days. Many people are very much familiar with this term. The term which gives hope and opportunity to infertile couples or those who are unable to conceive naturally or even through ART procedures like IVF, ICSI, IUI and etc, is completely legal procedure in India. Having a baby is a big decision and when you are trying to conceive and found yourself unable to get pregnant, that feeling really frustrates you and makes you feel like your world ends here. With the advancement of technology in biological science and after long research, our specialist found successful treatments for infertility of male and female. These treatments bring a bright light in couple’s life those who found difficult to get pregnant. But due to some health issues, sometimes it is difficult to conceive even through these successful ART procedures. In this case, the only option couple has is Surrogacy.

It is a third party reproduction arrangement in which a woman rent her womb or deliver child for another woman or couple. Having a baby through surrogacy is like handing over your heart to someone else, but having child through surrogacy in India gives a different future, a bright brighter one filled with endless opportunities and wonder. The journey of surrogacy in India can be said to have actually begun in 2002, when the Commercial Surrogacy in India is recognized as legal by the Supreme Court of the country. There are several reasons why most of the intended parents prefer India as a perfect destination for their surrogacy program. One of the most important reasons is the cost of the procedure which is roughly a third of the price compared to a surrogacy program in a western country. From last few years, surrogacy clinic in India becomes more professional for the medical procedures involved as well as for the surrogate mothers in India. With the increasing demand of surrogacy procedure in India, the hospitals and clinics are also increases and today there are more than a hundred surrogacy clinics offers world class health care services with positive results to thousands of overseas patients.

Lots of breaking news. Check the prior post of the Captain to see your two new county court judges- Elijah Levitt and Ramiro Areces. It is 2018. There is no place for racists in our midst, much less on the bench. 5,000 and be issued a public reprimand. Millan agreed to the punishment, which must be approved by the Florida Supreme Court. Millan, 52, who is of Italian and Puerto Rican descent and grew up in New York City, “readily admitted to his misconduct” and paid to attend racial sensitivity training. Millan sat on a bench in the courthouse of the great Judge Ed Cowart. Of Judge Henry Oppenborn who fought as a paratrooper for his country. This is the courthouse where Attorney General Janet Reno had her office as State Attorney. Ms. Reno sent her prosecutors to court every day telling them to do justice and go where the evidence leads them. It is a dark day when we learn that in this courthouse where we all work and strive to do justice, that a person with repugnant ideas and ideals sat wearing robes in judgment of others. Stephan Millian very simply should not be a judge. His ideas darken the doors of our courthouse. He casts a shadow of hate and ignorance that reaches back to a time when courthouses in Miami were built with two water-fountains side by side and multiple rest- rooms to accommodate segregation. Millan has the right to his beliefs. He just does not have the right to sit in judgment of any one at any time for any reason on any case. It’s probably true that Millan feels bad that this has come to light. The question is whether he feels bad about what he said and did? Is there any remedy for a person who looks at people of color as thugs and demeans them with a dirty racial epithet? This is shocking. This is sad. It’s a sad day for justice in Miami.

Get one hour of free legal advice in a private session with a volunteer lawyer and law student. The Supreme Court typically employs two Law Clerks each year to assist the Justices. Are you considering representing yourself in the Supreme Court? The Supreme Court is a court of record and is open to the public. It has exclusive jurisdiction over indictable offences tried by Judge and jury or by Judge alone, as provided by the Criminal Code of Canada, and at the election of the accused. Civil cases may be tried by Judge alone or sitting with a jury, although most civil cases proceed without a jury. The Supreme Court sits regularly in eighteen locations across Nova Scotia. It is a court of original jurisdiction and, as such, has complete jurisdiction in both civil and criminal matters arising in the province of Nova Scotia, except in matters or cases expressly excluded by statute. The Supreme Court administers the Divorce Act and the Bankruptcy Act, both of which are federal acts with individual structures of administration and operation. The Supreme Court also has a Family Division which sits only within the Halifax and Cape Breton Regional Municipalities and deals with all family law matters for those communities. Outside the two regional municipalities, all family matters except divorce and division of property are dealt with by the Provincial Family Court of Nova Scotia.

Mother tongue or first language is perhaps the most favorite thing for any person. The question of language has resulted into many conflicts and discontentment. The prime example of such discontentment is the Language Movement of 1952 in Bangladesh. On the other hand we can not live in isolation. We have to be in contact with the speakers of other languages. Bangladesh is considered to be a monolingual country in which more than 98% of the population is speakers of Bangla language. However, there are more than ten languages in such a small country like Bangladesh. Monipuri, Urdu, Chakma, Santali, Garo, Rakhain, Tipra- are just some of the other languages present in Bangladesh. The interesting thing is that Urdu is a Indo-European language but written in Arabic script, Santali belongs to the Mono-Khemar language family while Chakma belongs to the Chinese-Barmese language group. So, although Bangladesh is often portrayed as a country of linguistic unity based on Bangla language in reality it has notable linguistic diversity.

To communicate with the speakers of other languages we either need to know their language or communicate in a Lingua-Franca that is comprehensible to both of us. Today, the world has become a global village. Thanks to the advancement of communication system and technology. Every country is dependent on others for trade and commerce, education, politics etc. As a result, we have to constantly communicate with other countries and speakers of other languages. Third world countries like Bangladesh have to depend on foreign aid because they are not self-sufficient. As a result, many foreigners come to Bangladesh. A third factor is the factor of religion. The sacred language of the Muslims is Arabic, Sanskrit for Hindus, Pali for the Buddhists and Latin for the Christians. All these factors remind us the necessity for learning other language(s) in addition to our mother tongue. According to this reality many countries of the world have adopted a European language as second language which is often used in education, law court, economic activities and government works.

These languages have most of the time official status in the constitution of those countries. Many of the cases the countries have adopted the language of their past colonial rulers as the second language. Sometimes these languages are also called official language. In many African countries we can see this picture. On the other hand, some European languages have become very important in the world for literary and economic purposes. For example, German and French are considered to be important languages of the world because both of them have influential literature and economic aspects associated with them. For example, many people in our country are interested to learn French because it may help them to get UN jobs and jobs in Multinational companies. Another attractive motivation for learning French in Bangladesh is that it may help us to immigrate to Canada as skill in French language gives a person some extra points in the point system of Canadian immigration.

The title of my research is “Status of English in Bangladesh: Second language or foreign language?” I have selected this topic because from sociolinguistic point of view the status of English is a very interesting one. On the one hand English language is dominantly present in every side of our national life while on the other hand in our constitution it is clearly declared that the language of the country is Bangla. In fact, nothing is said about the status of English language in our constitution. On one hand, economic activities in the private companies are carried out in English while there is a government law (Bangla procholon ain1987) that government offices must use Bangla in their official works. So from the government point of view Bangla is the national- official language of Bangladesh and English is the most important foreign language. But in reality English is the second language of the country and in many places English is more important than Bangla in Bangladesh. A second language is any language other than the first, or native, language learned; it is typically used because of geographical or social reasons.

The term is to be distinguished from foreign language; linguist Eric Lenneberg uses second language in his critical period hypothesis to mean a language consciously learned or used by its speaker after puberty. In most cases, people never achieve the same level of fluency and comprehension in their second languages as in their first language. Historically in Europe, the most widely used second language (or lingua franca) was Latin. Latin was used so much across Europe that it was called the vulgar (or common tongue); this is why the Latin version of the Bible is called the Vulgate. Nowadays, English is considered the world’s most widespread second language; it is used in areas as diverse as the internet, television and radio, and international aviation. The success of English throughout the world stems from two major causes: the far reaching influence of the British Empire, and the 20th century (and continuing) dominance of the United States in the fields of business and entertainment.

French was for a time the lingua franca (the origin of term) in Europe. In history, both England and France were ruled by a single crown – the language used by the royal court was French (English was considered “the peasant’s language”). Afterwards, as was the case with English, the French empire spread its language through colonization. French continues to be one of the world’s most widely spoken languages. If we look at the definition of second language then we can easily say that English is the second language of Bangladesh. It is widely used in many parts of our national life. Many people watch English television channels and also use Internet. The students have to study it for twelve years and those who want to join civil service by attending BCS exam also have to sit for English examination. The only thing that is missing from the above definition is the fact that except for formal occasions no one speaks in English in Bangladesh. It is not the language used in home among family members and among friends in informal conversation.

A foreign language is a language not spoken by the indigenous people of a certain place: for example, English is a foreign language in Japan. It is also a language not spoken in the native country of the person referred to, i.e. an English speaker living in Japan can say that Japanese is a foreign language to him or her. Some children learn more than one language from birth or from a very young age: they are bilingual. These children can be said to have two mother tongues: neither language is foreign to that child, even if one language is a foreign language for the vast majority of people in the child’s birth country. For example, a child learning English from her English mother in Japan can speak both English and Japanese, but neither is a foreign language to her. From the above definition, it is seen that foreign language refers to a language that is not native to a person. From this point of view English can be considered as a foreign language in Bangladesh since it is not native in our country.

Hardly any Bangladeshi person speaks in English although many of them use it in education and business. An official language is something that is given a unique status in the countries, states, and other territories. It is typically the language used in a nation’s legislative bodies, though the law in many nations requires that government documents be produced in other languages as well. Officially recognized minority languages are often mistaken for official languages. However, a language officially recognized by a state, taught in schools, and used in official communication is not necessarily an official language. For example, Ladin and Sardinian in Italy and Mirandese in Portugal are only officially recognized minority languages, not official languages in the strict sense. Half of the countries in the world have official languages. Some have only one official language, such as Albania, France, or Lithuania, despite the fact that in all these countries there are other native languages spoken as well.