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California’s New Justice: Does the Title Fit the Holder

Tani Cantil Sakauye, Associate Justice

Judicial Council of California

The role of the judiciary is to decide cases and controversies between adversarial parties, including the government. Through the concept of stare decisis judicial decisions in U.S. jurisdictions can act as binding precedent for subsequent decisions. In most cases, when an appellate court makes a decision it not only decides who wins the specific case, but also provides a detailed written opinion that explains the basis for the court’s decision to guide lower courts in handling future cases. Every level of the federal courts has the power to interpret the federal Constitution, and federal laws and regulations. The courts also exercise judicial review over federal statutes and agency actions, and determine the constitutionality of federal and state laws. To the extent any statute or agency action is found to be unconstitutional, it is invalid. Federal courts also interpret federal legislation and federal agency rules and decisions. This is the administration of justice. And those who head this and govern this arena are said the intellectual and moral vanguards of the justice system. This refers to the head of the judiciary – the justices.

Tani Cantil-Sakauye as the Head of the California Judiciary

Each state has its own judiciary that would do the same role as the national judiciary. Recently in the State of California Gov. Arnold Schwarzenegger declares Tani Cantil-Sakauye as the head of the California judiciary and the California Supreme Court. She is said to be a moderate Republican better known within judicial circles for her skills as an administrator than for legal scholarship or any particular ideological leanings. The question on everyone’s mind is that is she qualified, is she an effective response to the call of the times and is she fit to head the judiciary? To better answer these queries let us look into the current state of the U. S. Justice system.

The US justice system so racked by change and descent, it is consumed by debilitating issues and burdened by grave national issues and is unraveling at the edges. What would be the most potent response to these realities? The answer is a background sensitive to all these and yet with an intellectual and moral core that would enable the person to act sensitively, justly and reasonably. The question should be, is she such a person?

Character, Background and Work Establishes the Choice

Her character, background and work in the judiciary are a testament to all of these. This establishes that the choice making her the head of the judiciary is an answer to the call of the times and a move to address the adversities of the American Legal System and by extension the American government. A justice is torn between the demand to must work with the reality of his or her time while struggling to defend the established legal ideals and doctrines of the law and its foundations. A justice is to balance the ever shifting social climate with the precepts that preserves law, the state and government. These are all superhuman demands but attainable by human character.

September 10, 2010 Posted by | News | , , , , , | Leave a Comment

Housing Foreclosure Crisis in USA Threatens Financial Stability

The complexity of the causes of housing foreclosure crisis trims down to one simple origin-mortgage. From this mortgage emerges the root of financial instability and catastrophe.

Housing foreclosure crisis peaked from 2005-2006 in USA specifically in California, Florida, Michigan, Nevada, Colorado, Ohio, Georgia, Arizona, Illinois, and Indiana. There are still an estimated 5 million foreclosure cases in the said country. With this huge number, the national government of USA is formulating variety of solutions to the impending foreclosure cases.

But, how did this housing foreclosure crisis threatened the entire global financial stability and economic growth of USA? There are various studies which explains the causes to this inevitable circumstance, it include the inability of homeowners to make their mortgage payments, due primarily to adjustable-rate mortgages resetting, borrowers overextending, predatory lending, speculation and overbuilding during the boom period, risky mortgage products, high personal and corporate debt levels, financial products that distributed and perhaps concealed the risk of mortgage default, monetary policy, international trade imbalances, and lack of government regulation.

Another unspoken cause of the crisis could be the greed of the investors and the bosses of financial firms who choose to gain more money at the expense of the American people. For years, the economic bubble had been on the brink of collapsing as a result of inflated lending schemes. These went unnoticed since everybody was kept contented with huge lumps of bonuses in their accounts as long as the money was kept rolling. But when push comes to shove and interest rates became unbearable, everybody suffered especially the common public, for if the investors and bankers have something to back them up, the common person have nothing that was left to them.

Such mistake by a few was felt by the entire business world all around the globe, from billionaires to simple businessmen, the effects of the economic crisis was felt. This led to the devaluation of several companies that had been the cornerstone of the American economy. Such weakening threatened to make things much worse than the “Great Depression” experienced more than half a century ago. Only a piece of hope was seen through the large scale bail-out plan that seemed distasteful to some, and now, the economy seemingly began turning around for the better.

It happened once, it happened again, and what’s keeping an economic crisis from never happening again? Several economists urged the government and the lending companies not to be lenient in lending and refrain from overspending funds in unsure lending investments. But as long as people see the economy as parallel to a casino game where in the gain seemingly outweighs the risks, another crisis like this can always be expected. It may not be today, not next month or the next couple of years. But it will be during a time when people are once again complacent with their lives with a mindset that nothing can go wrong. That’s the time when something will go wrong.

Resources:

http://en.wikipedia.org/wiki/Foreclosure

http://www.foreclosurefish.com/blog/index.php?id=379

May 28, 2010 Posted by | Ecomonics | , , , , , , , , , , , | Leave a Comment

   

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