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Lujan v. Defenders of Wildlife
Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to the United States and the high seas. Defenders of Wildlife filed a lawsuit to enjoin Lujan to reinstate the older phrasing of the rule. The case was dismissed at the district court level for lack of standing, the 8th circuit court of appeals affirmed and the Supreme Court granted cert.
Issue: What must a party show to prove standing?
Decision: In order to show federal standing, the party must prove that there was actual injury suffered. The injury…… [Read More]
Administrative Law & Due Process
The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious legal action is not to be taken without notice to those impacted, and that deleterious legal action is not to occur -- even when notice has been given -- without sufficient consideration and evidence that the action is appropriate under the law.
However, due process has been found by the courts to be adequate in both a pre-termination and a post-termination, as determined by a three-part test. In the first test, the impact on the person and the nature…… [Read More]
Fairness and due process were not all that were learned in the course, however. Agency discretion is another significant issue today, and it is important here to name, describe, and give an example of two different types of agency discretion as seen in Hall's (2004) textbook. The first one of these is prosecutorial discretion, and this took place in the case of General Motors v. Federal Energy Regulatory Commission. Prosecutorial discretion is generally involved with criminal cases and actions, such as was the case of General Motors. A complaint was filed, but the agency that was in charge of dealing with those types of complaints exercised its discretion and decided not to proceed any further when it came to a prosecution of the company. It was found that the agency acted correctly in deciding that it was not going to take any action on the complain or proceed with any…… [Read More]
Administrative Law & Health eform
The entire discussion regarding health care reform in the United States is greatly influenced by ethical and policy considerations. The field of health care is vast and complicated and is even hard to define. The debate ranges from what should be the mission of health care in America; to what should be its function; and what services should be available (Fein, 2003). Adding to the debate is what role the government should play in providing and paying for health care. Finding answers to these questions is not easy and has been the source of considerable acrimony.
One of the seminal issues in health care is where does personal responsibility end and public responsibility begin? (Steinbrook, 2006)There can be no doubt that everyone has a duty to maintain his or her own health but at some point it becomes incumbent on society to absorb some of…… [Read More]
Australian Administrative Law
Seeking easons for an Administrative Decision
SOUTHEN FAMES GOUP LTD
Level 6, Juvenile House, 12 Independent Street, Adelaide
The Honorable Mr. David Goren
DEPUTY COMMISSIONE OF TAXATION (SA)
Income Tax Assessment Act 1936 s 263
Dear Mr. Goren,
equest for Statement of easons
We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment Act 1936 setting out the findings on material questions of fact, referring to the evidence and other material on which those findings were based and giving the reasons for the decision (Australian Conservation Foundation Incorporated v Commonwealth 1980).
My client has complained against four decisions made by the deputy of commissioner of taxation. In respect of the first three decisions (relating to access to premises) southern farmers group…… [Read More]
Politics of Administrative Law
An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York
As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts and monopolies in the early 20th century. In response, the Supreme Court's decisions in several seminal cases served to shape the political, economic, and legal philosophies that resulted in NLRB vs. Jones & Laughlin Steel Corp. This paper will provide a background and overview of the cases involved, followed by an examination of how the legal consciousness of NLRB vs. Jones & Laughlin Steel Corp. challenged the Court's previous positions as exemplified in Munn vs. Illinois and Lochner…… [Read More]
Politics of Administrative Law -- einstein, ilson, and Shamir
hat is the political philosophy behind America's current state of federal and state administrative regulation? Although in an ideal historical environment, this would be easy to see in the recorded words of the Founding Fathers, the historian of American law is instead faced with a challenge, for the relationship between individual, state, and national government has changed considerably since this nation's founding. Also, the concept behind the historical and philosophic construction of administrative laws has varies considerably; depending on whether the political paradigm selected is political and corporative, economic, pluralist, or judicial in its nature and focus.
The historians and political philosophers James einstein, James Q. ilson, and Ronen Shamir, would no doubt all agree that a seismic shift occurred during the turn of the century in America, in terms of the way individual rights were conceptualized, and continued to become…… [Read More]
health law and administrative law, according to Jost (2004), are law domains that are representative of the various approaches to classification. By definition, "health law encompasses law as it affects a particular industry -- the health-care industry" (Jost 2004). This particular kind of classification, therefore, regulates the relationship between the various healthcare industry stakeholders, including, but not limited to, the government, patients, health-care professionals, and health-care providers. Administrative law on the other hand is defined by the Black's Law Dictionary as "the law governing the organization and operation of the executive branch of government (including independent agencies) and the relations of administrative agencies with the legislature, the executive, the judiciary, and the public" (Jost 2004).
The agencies I select in an attempt to define how such agencies interact with the health care industry are The Federal Trade Commission, the Food and Drug Administration, and the Department of Justice. To begin…… [Read More]
Torts in the Civil Court System
Within the American judicial system it is necessary to differentiate between actions committed by an individual which cause suffering, harm or loss to another person, and those which cause injury to society at large. The latter case, in which a crime affects the general public interest, is encompassed by the expansive United States criminal code, while the more delicate issue of determining liability in personal disputes is covered by the country's civil court system and its unique system of addressing torts. The legal term tort is derived from the Middle English for injury and has become entrenched in common law jurisdictions as a viable means to settle legal disagreements between two parties. Today tort law is the preferred tool with which judges, courts and magistrates apportion responsibility for an array of injurious actions, such as breach of contract, dereliction of duty, negligence, defamation of…… [Read More]
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District
It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…… [Read More]
Administrative Agencies and Due Process
In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)
However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…… [Read More]
(Olson, 1999) the feminist theory is when you are making the arguments that the social structure in place is unfair or targeting a particular group of people. The critical legal studies theory is when you are looking beyond the issues of civil liberties and are instead focused on if the action is effective in supporting particular rights. The moral theory is when you are arguing that the best way to interpret the law is based upon what is best for society using: case precedent, established legal principals and the law. Intellectual capitalism is when you are arguing that freedom of speech is the best way for the minority of having their voices heard. Where, you are using the different actions to justify that the government could be stifling this free speech, which is leading the activity in question. The over regulation theory is when the federal / state government will…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]
By addressing these issues early on, you are less likely to misinterpret company policies or compensation practices in the future, which may lead to job dissatisfaction.
It is the role of the H department to ensure your privacy is upheld in all matters. To that effect the H department provides limited access to employee files. Only direct supervisors may access employee records, and only benefits representatives may access confidential matter including health information to prevent discrimination of employees on the basis of health or mental status (Lipiec, 2001).
Compensation is provided to all staff on a bi-monthly basis, with all full-time positions or employees working in excess of 30 hours weekly eligible for health benefits and employee tuition reimbursement for educational courses taken to expand their career opportunities with the firm.
The H department encourages ongoing education and employee development in the form of continuing education, job shadowing…… [Read More]
Administrative Policies to Fight Terrorism
ince the 9/11 attacks during the year 2001, the United tates has faced significant changes not only in the personal and emotional lives of its citizens, but also in terms of its security measures. Indeed, many citizens have suffered significant losses of freedom and rights in the name of national security. Furthermore, many citizens suffer these losses willingly, believing the government-imposed statements regarding that these are (ironically) necessary in order to preserve the very freedoms citizens are giving up. Being emotionally charged, citizens do not think either rationally or critically about the freedom that they are giving up in order to preserve a way of life that the government is systematically destroying by means of its policies. Furthermore, the new national security policies have also targeted persons that the government has profiled as possible terrorist. Most notably, these persons are generally Arab and/or Muslim in…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public (Bartlett, 2008, p. 4). As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.
Origins of USS Legal History
Soviet law was portrayed as socialist law but the ideology behind it was strictly Marxism (Berman, 1948, p.223). In the socialist legal framework, the legal systems under a capitalist regime…… [Read More]
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…… [Read More]
They may not be reassigned to perform work that is substantially different from their normal occupational responsibilities (OSHA, 2003).
Employers may not submit information about the employee that is intended to have damaging consequences on the employee's financial credit history, and employers may not engage in conduct or communications designed to "blackball" the employee from other employment, either within government or in connection with any private sector employment opportunities. Finally, employers may not engage in conduct intended (or reasonably perceived) as "intimidation." Intimidation is one of the most difficult types of non-compliance with activities protected under the Act, because it is subject to interpretation and because it is capable of being perpetrated without any written record. Likewise, many forms of conduct that are generally benign under ordinary (i.e. non-adversarial) circumstances at work only rise to the level of intimidation" in specific context (USLC, 2007).
efusal to Work:
Under certain (limited)…… [Read More]
ecause of the overall negative side effects, many opponents will argue that despite the positive benefits, the drawbacks of using the drug are severe. (Morrow, 2009) This is the reason why it should remain illegal (because of: these negative side effects). An example of this can be seen with comment from the Institute of Medicine which found, "The most compelling concerns regarding marijuana smoking in HIV / AIDS patients are the possible effects of marijuana on immunity. Reports of opportunistic fungal and bacterial pneumonia in AIDS patients who used marijuana suggest that marijuana smoking either suppresses the immune system or exposes patients to an added burden of pathogens. In summary, patients with preexisting immune deficits due to AIDS should be expected to be vulnerable to serious harm caused by smoking marijuana." ("Top Ten Pros and Cons," 2006)
What this shows is the conflicting opinions, as to if medical marijuana can…… [Read More]
policy, law and management. It is based on a particular background that has been provided.
Law, Policy, and Management Brief: Models of Court-Agency Interaction
Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).
However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]
population of California underwent dramatic changes in the last 60 years. In the 1940s, the Latinos were a minority of only 6% of the state or roughly 374,000 (autista 1991). ut by 1980, the Latino population grew to 4 million, almost doubling the figure and increased to more than 7 million in the 90s. In the 2000s, Latinos accounted for a third of California's total population, creating huge political, economic and social impact upon its entire society (autista). esides sheer volume, the continuously increasing Latino population has developed the distinct feature. efore the 60s, immigrants were rare and less than 20% of these Latinos were foreign born, most of them from Northern Mexico. Immigration, however began to fill the ranks since the 80s so that, today, the majority of adult Latinos in California are immigrants. These developments are among the most important criteria to social and demographic policy makers in…… [Read More]
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…… [Read More]
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]
Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.
In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]
Career Service Employees
According to the law, all employees are to be paid for their services, while overtime in all cases is also subject to some sort of compensation, either by means of payment or by means of compensatory leave. The circumstances under which each type of remuneration should occur vary among employee types. What this means is that all employees who offer overtime work should be compensated in some way. The Florida Administrative Code also provides for this type of compensation for various employee types (Martin, 2010). Compensatory leave can therefore be defined as "time off from work in compensation for irregular or occasional overtime work…" (CompesationBL, 2003).
According to the general rules for compensation, the directors' complaints are therefore valid. They are also valide in terms of the Florida Administrative Code (Stutler, 2006). According to Stutler (2006), Special Compensatory Leave can be awarded to Career Service employees in…… [Read More]
life we are always faced with situations where the rights on one individual overlap those of another, causing a legal conflict that is often decided upon in the court of law. In many cases, these are private rights, but we are sometimes in a situation when the rights delimitation is imposed by the government, as is the case with the tobacco industry and smoking regulations and delimitations.
The problem with smoking in public places bares much resemblance in Canada, Europe or the United States. The right of smoking individuals to smoke in public places was gradually and constantly diminished to the degree that nowadays smoking in restaurants, offices or any closed locations. The movement against smoking in public places seems to have started in Canada in the early 1990s, when the City of Toronto emitted a series of by-laws, referred to as The Workplace Smoking y-law. This law "requires all…… [Read More]
Written into the legal changes would be protocols for review of cases to re-determine parole eligibility in certain cases but especially those where the latter crimes were non-violent and relatively minor offences. Because of this review aspect the legal and physical changes of this alternative is the most effective in both the short-term and long-term, of dealing with prison overcrowding. This alternative was chosen, not because it is the least costly, as it will likely be one of the most costly solutions, but because it has the greatest possibility for making real change in the overcrowding problem and rebalancing the system to create sustainability in the future. The implementation of this change will begin with resources as reviewing many cases, will require thousands of man hours in and out of courtrooms and likely develop into a monumental task for already overburdened public prosecutors, defenders and judges. Changing the legal precedence…… [Read More]
roles available to nurse administrators.
Include at least one nurse administrator role in a health care agency.
Complete each cell of this grid with concise descriptions. Bulleted words and phrases are preferred to complete sentences.
Cite a minimum of 4 peer-reviewed resources, and include a reference page formatted according to APA guidelines.
Healthcare IT (HIT)
Legal Nurse Consultant
Two related responsibilities
Medical navigational assistance
Home health assistance
Electronic coding and billing systems
Electronic medical records (EMR)
- Networks for digital imaging such as PACS
- Making sure health care services are being used appropriately.
- Ensuring high quality care is administered as economically as possible.
-- Case management (utilization review plus discharge)
Analyze complex medical information
2 - Render informed opinions to attorneys in medical-legal matters
Identify the practice environment where this role may be applied
Clinics: Accompany a patient to appointments
Hospital: Monitor…… [Read More]
Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.
Creation of Laws in the United States:
Most of the…… [Read More]
Ethics and the Law
It is morally acceptable for the law to require people to do things for their own self-development?
"Political theory is a branch of moral philosophy, which starts from the discovery, or application, of moral notions in the sphere of political relations." This statement, indicated in the literary work, "Two concepts of Liberty," summarizes my personal views on law and self-development. I believe it is morally acceptable to require people to do things for their own self development. Aspects such as making children attend school, requiring high schools to offer basic curriculum courses, or requiring systemically viable institutions to be certified, I believe, all are morally acceptable laws. Although society overall benefits from the self-development of its own constituents, the world benefits as a more educated population continues to drive economic prosperity (Berlin, 2000).
Few would argue over the merits of self-development and its obvious advantages. However…… [Read More]
Law and Policy Case Study
Overview of legal environment of Washington, DC
Washington, DC is among the U.S. states that hold most of the U.S. economy. The central location of Washington, DC, provides it with strategic business opportunities and other related economic activities that contribute to the overall economy of the U.S. The strategic location of Washington, DC, implies that it has various legal regulations that influence the execution of different activities within the state. Among the regulations, include those issued by the federal, state, local, and tribal governments alongside the organizational policies that influence the behavior of organizations in Washing, DC. These laws comply with the constitutional, civil, criminal, due diligence, and administrative laws of the U.S. The presence of these regulations mean that the environment provided in the Washington, DC favors various activities aimed at stimulating overall economic growth (Mann & oberts, 2013).
Applicable laws and regulations to…… [Read More]
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.… [Read More]
After reading the Gilbert Law Summary on legal writing and research, a law student would be much better prepared to begin his or her educational career in research and analysis. As previously stated, the student should feel more adequate to tackle the research portion of any legal project, but the actual writing and analysis would need further development as only actual experience may provide. Honigsberg's introduction into the vast world of legal study should help pave the way for a better knowledge of what exactly is entailed in researching the law. His outline source should be used as a basic guideline for organizing a study of legal cases, and is a must for any student's law collection. The definitions and insight into the U.S. legal system provided by Honigsberg should make the research process a little easier to understand. As most researchers know, finding a place to begin when there…… [Read More]
Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.
Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.
Components of a Will
Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.
Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.
Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
he study illustrates through the use of many other situations as examples that the government is not upholding and enforcing the ESA the way it should be when it comes to fresh water mussels and their current threat of extinction.
his study was extremely thorough and dedicated to providing the most information possible in its completion.
It incorporated an educational component in which it explored the law as well as the fresh mussel species.
Because of the method it used in examining the problem through a case study that held fresh mussels and their plight against hundreds of similar situations, and pointed out the differences and outcomes in those situations this case study should be considered thorough and well done research.
he public and private sector can use this study in decision making when it comes to current and future development questions in their areas.
One example would be…… [Read More]
Education 520 Business Law
To avoid an anti-discriminatory lawsuit regarding hiring practices, an employer should declare him or herself an 'equal opportunity employer.' To be compliant with the laws enforced by the EEOC, an employer must not discriminate based upon race, color, religion, national origin, or sex. The employer should also not discriminate on the basis of pregnancy, age, disability or genetic information (Laws enforced by the EEOC, 2012, EEOC).
If the institution wishes to pursue a strategy of affirmative action regarding the hiring and promoting of employees he or she should state it clearly in employment literature, usually in the form of the phrase that 'members of historically discriminated-against groups are encouraged to apply.' However, the employer must be careful not to use a quota system, or set a goal for how many members of such groups will be hired to positions, based upon their…… [Read More]
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
In the case of American Canine Foundation v. City…… [Read More]
3408 Term 1 Coursework 2012-13
Law 3408 course work
Employers engage workers on either contracts of service or contracts for services. Therefore, any person engaged under a contract of service qualifies as an employee and enjoys full protection as per the employment legislation. In addition, a self-employed individual must possess a contract for services with the party for whom one offers their services. It is important for people to acknowledge their status whether they fall under the employed or under the self-employed (Sargeant and David, 2012). In Victoria's case, it is apparent that she does not have a written contract; or rather, a contract to indicate what terms she works under. This clearly verifies that Victoria does not fall under any category of employment because she lacks a contract.
Under the employment law, it is evident that if there is no contract between two parties (employer and employee),…… [Read More]
Sentencing, and Punishment
England and Wales work on an adversarial principle when it comes to law enforcement. The adversarial principle states that "that a person is not considered to be guilty of a crime simply on the word of a government official" or any other means other than a guilty verdict given by a court of law (Davies, 2000). Thus, when a suspect is arrested, arraigned, and questioned, he or she must be treated as if there is no guilty ruling on the case. This is meant to provide the best possible defense in a given scenario. In fact, "conviction in a court requires presentation of admissible evidence that convinces the fact finder -- a jury, in the case of serious crimes; for less serious crime, a stipendiary (professional and salaried) magistrate (renamed District Judges in 2000), or a panel of lay magistrates -- that the evidence demonstrates the guilt…… [Read More]
State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). ill this proposed regulation affect you or the business in which you are working? If so, how?
The Federal Communications Commission (FCC) regulates interstate and international communications by radio, television, wire, satellite and cable (FCC, 2011). Its job is to basically make sure that the organizations in these industries are severing the public with their activities. The air waves are radio frequency are really kind of a public good since no one can or should be able to own them. Therefore, in regards to radio frequencies, the FCC will distribute the frequencies or channels so that the quality can be maintained and there can be an equal manner in which these resources are divided. The proposed legislation deals with how societies and companies will access the internet in future and…… [Read More]
Further, although whenever one device tries to accomplish more than one "thing," one of those "things" typically suffers; however, innovations in recent years have made these all-in-one approaches competitive with stand-alone units and occupy a concomitantly smaller footprint in a crowded law office but these devices will still likely underperform their separate unit counterparts. As one authority emphasizes, "All-in-one devices are typically smaller desktop units that have relatively low speed and volume capacity" (Need All in One Copiers?, 2008, p. 3).
Some popular major brand all-in-one machines are described further in Table 4 below.
Popular all-in-one copier/printer/scanner (fax) machines.
Sharp A-208D Copier / Printer/Scanner
Desktop model with 20-page-per-minute copying / printing and integrated color PC scanning; 50-sheet document feeder provides standard 2-sided scanning for extra efficiency, as well as duplex printing and copying. Converts black & white and color documents into digital files that…… [Read More]
Organizational & Administrative Strategies in Criminal Justice
Discuss the influence of politics on a corrections or law enforcement budget.
Politics in a nation plays an important part in management of major institutions run by the government. The politicians represent the opinions of the people and enacting these is necessary by the government. Politics influences the budgetary allocations of many state run institutions. Political influence on correctional enforcement budget can have negative or positive effect on the institution. Laws that favor decongestion that is among the biggest problems in the correctional and law enforcement budget is positive. The resources issued by the government govern the staff working in the institutions. Politics that favors other forms of disciplinary action aimed at reducing crime in the society ensures that the institution have adequate resources to fund their operations. Politics also influences the living standards of the staff and the criminals apprehended by the…… [Read More]
Kuali Financial System is a comprehensive administrative suite designed to incorporate the needs of universities, colleges, commercial firms, and interested organizations that share a common interest of open, modular, and distributed systems in a cheaper, more efficient way. The system is designed to meet the individual needs of each organization that can be implemented for efficiency. The software package contains internal controls that administration can implement for the organizations needs where transactions are input one time and the information is routed to every individual who needs it, including persons who need to approve the transactions, persons who just need to know, and persons who use the information to prepare various reports.
The system can be implemented with administrative controls and features that are unique to the organization. The administrator can dictate in the system the work flow process, internal controls on where information flows, approval mechanisms, including primary and secondary…… [Read More]
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…… [Read More]
However, the system is much more representative. Thus, in the ritish Parliament there are representatives from the Scottish parliament as well as from the Northern Ireland Assembly. Even so, the proposals for the reform of the electoral law and program have tried to ease the access of the population to the voting system, to increase the public awareness in relation to the political representation. This would determine a better ethnical and religious representation on the one hand, an element that would help the issues with Northern Ireland. At the same time, it would influence the way in which people express their opinions, views, and preferences, which would in time determine a change in the economic and political decisions taken at the level of the Parliament.
Changes such as the ones from Russia and ritain can affect to a certain point the American political framework. The Russian democracy cannot be considered…… [Read More]
Green Building Laws
Green Building and Green etrofitting
The department of Federal Environmental Executive defines green building like this: Elevating the competence by which the built structures consume energy, equipment and water along with decreasing the adverse effects on health of human beings including the surroundings by improved structure, maintenance, procedure, operation, choice of a better site and elimination of waste. The subsequent section explains the current guiding principles for retrofitting and green building (Columbia University, 2005).
Established Green Building Guidelines
The aim of United States Green Building Council (USGBC) is to improve the infrastructure and quality of work while constructing buildings which are environment friendly, lucrative, hale and hearty to work and live in (Columbia University, 2005). LEED (Leadership in Energy and Environmental Design) given by USGBC is usually thought to be the finest power in green building (Brown et al., 2002).
LEED was established by USGBC in 1999…… [Read More]
The contract between the employer and the employee develops narrows the areas that these rights address. Therefore, the right to privacy can be limited regarding the e-mail and Internet use. As one knows, many companies do not allow their employees to surf the Internet, or to send e-mails to outside parties, or to visit certain Internet websites. These companies provide intranets, designed in order to help employees communicate and inform about certain issues.
Employment law also refers to a very important aspect that refers to discrimination. In other words, federal laws prohibit employment discrimination based on race, color, religion, sex, or national origin. There are also a series of acts that develop the aspects that the federal laws refer to, in order to create a work environment that provides equal opportunities.
The discriminatory practices that are prohibited by these laws include: hiring and firing, compensation, assignment, or classification of employees,…… [Read More]
The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).
Myanmar: Effective or Not?
The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).
Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…… [Read More]
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
© 2008. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM.
Mayer Brown is a global legal services organisation comprising
legal practices that are separate entities ("Mayer Brown Practices").
The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
LLP, a limited liability…… [Read More]
herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…… [Read More]
Of particular focus is the situation of the deployment of forces in a case of national security such as the floods and fires which have affected the territory of the United States. In these situations, volunteers and reserves are also part of the intervention forces, aside from the police patrols. More precisely, in the most recent floods from Iowa the help of ed Cross volunteers were asked for in order to be able to resist the natural disaster and in time to rebuild the territory. A similar situation occurred in New Orleans as well when non-specialized aid was asked for because the police was overwhelmed by the situation. However, it can be said that in situations such as these, the discussion is no longer related to the issue of law enforcement but rather to that of human solidarity. Nonetheless, the presence of volunteers and reserves is crucial in such moments.…… [Read More]
NYC Education Law
Bullying is a common occurrence among district schools in New York City with the major targets often students regarded as different such as the disabled. In this regard, this article highlights a fictitious scenario regarding bullying of disabled students in attempt to answer legal questions regarding education law about bullying students with learning disabilities. Using New York state statutes and related cases, this paper outlines legal actions individuals are likely to take under the Individuals with Disabilities Education Act (IDEA).
Facts of the Case
Tyler is an 8-year-old male student at a Middle School in New York City. He has ADHD and is very wild. His woes started when one day while hanging out at school, some kids realized he was taking medication for his ADHD, and they thought it was the funniest thing. They told him they did not want to hang out with him because…… [Read More]
Managing Expatriate Employees Employment Law
Expatriate' could be defined as someone who has left his own country in order to find employment in another country. (Definitions of 'Expatriate on the Web) Expatriate employees in China are diverse and the numbers of employees are vast. For example, the city of Hong Kong, which became free and independent of British rule in 1997, turned into a Special Administrative egion of China. On account of this, the city started to follow two diverse policies of administration and this allowed it autonomy from China, and this in turn resulted in Hong Kong being able to retain control over her schools and also her legal systems, while enjoying a free market economy. This very factor has attracted investors from all over the world to China, American numbering almost 1,100, and American residents in China numbering almost 50,000. (Hong Kong City Guide)
Hong Kong having the…… [Read More]
The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, which was allegedly used to launder money, was also part of the indictment. The charges include 77 counts of money laundering, 12 counts of mail fraud and four counts of bank fraud (Berkeley president, others indicted for fraud, 2006).
After the Grand Jury indictments were handed down The U.S. Attorney's Office in Cincinnati filed a new complaint against Berkeley Premium Nutraceuticals that included the freezing of various assets worth almost $2 million. The complaint alleged that Berkeley owner Steven Warshak and others participated in a complex, large scale mail and wire fraud operation. This amounted to another felony charge being added to the long list that had already been handed down. The frozen assets…… [Read More]
protect the privacy of the individual via EU Directive for Protection of Personal Data
The internet revolutionized the human life as we know it. It established a culture of liberty aided by not just ingenuousness but also standardized protocols. This was achieved by transmitting the essential products for business-related growth, adopting a model of governance with no formal existence of regulations along with free availability of abundant software packages. This internet revolution can't be underestimated as it has its pros and cons, which also comes under discussion in this paper. With the surging popularity of internet, there happen to be a plethora of new dilemmas knocking at the door. There are tons of merits of Internet for that matter while its demerits have been ignored and hidden along the sidelines. These issues have materialized in the preceding decade and the demand is urgent to solidify a legislation which is tasked…… [Read More]
Non-Profit Organizations in United States of America and France
COMPAISON OF NON-POFIT OGANIZATIONS IN UNITED STATES OF AMEICA AND FANCE
Non-Profit Organizations in France and the United States of America
Association Loi 1901 is the name given to a not for profit making organization that comprises of two or more people. This name has been derived from the convention that was entered in the French Law on the 1st of July in the year 1901. A not for profit in France can operate without declaration as well. If the organization is not declared then it does not exist as a legal entity and comes under the collective membership of its owners. (Staff Members of the Cecaudit International Inc., 2014)
The organization, however, is required to get itself declared if it needs to create a bank account or go for fundraising. In addition to that, the organization is also…… [Read More]