Administrative Law Essays (Examples)

Administrative Law

Administrative Law

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 and Due Process

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]

Administrative Law Is a Very

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]

New Healthcare Laws and Effects on Administrative Laws

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 Reasons for an

Australian Administrative Law

Seeking easons for an Administrative Decision

SOUTHEN FAMES GOUP LTD

Level 6, Juvenile House, 12 Independent Street, Adelaide

Facsimile: 323-7-895

The Honorable Mr. David Goren

DEPUTY COMMISSIONE OF TAXATION (SA)

Travel House

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).

Decision

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

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

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

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]

Civil and Administrative Law

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]

Law in Schools

Trenton School

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

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]

Administrative Agency the Proposed Regulation

(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]

Law in Ancient Times Comparison

If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further disorders. Revenge can easily run in endless cycles, and fear of punishment may not in and of itself be any deterrent at all, in particular if the act which is to be punished was committed in the heat of passion or without premeditation. Philosophers of law and ethics have long discussed the precise nature of the divine code that was given to Moses. On a fundamental level, there exists the question as to whether these laws are immutable expressions of an unchanging natural order such as has always existed, or whether these Mosaic laws represent merely the decrees of God that are applicable to a particular, time, place, or situation.…… [Read More]

Laws Governing Business Entities Laws Governing Business

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.

Organization By-laws

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]

Laws and Corrections the Proposed

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]

Administrative Assistant HR Documentation for

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.

Training Proposal

The H department encourages ongoing education and employee development in the form of continuing education, job shadowing…… [Read More]

Administrative Policies to Fight Terrorism

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]

Law Enforcement - Dubious Value

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]

Soviet Law

Soviet Law

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]

Employment Laws and HRM Strategy

Maryland Labor Laws

INTRODCUTION

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]

Public Law Whistleblower Compliance in

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]

Nursing and the Law Over

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]

Analyzing Law Policy and Management Brief

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]

California Law

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]

Laws That Cover Employment Discrimination

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]

Law and Business When Glenn

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]

Laws and Court Decisions Related

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]

Laws Affecting the Human Resources

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.

Discrimination:

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]

Law of International Banking

Regulation of anks

anks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government safety net to compensate depositors when banks fail thus providing depositor protection.[footnoteRef:1] One of the main reasons why banking regulation is vital is because of systemic risks; the risk that financial difficulties at one or more banks spill over to a large number of other banks or the financial system as a whole. Systemic risks were traditionally bank -- based. ank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection…… [Read More]

Administrative Code Governing Career Service Employees

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]

Law and Economics

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]

Laws That Have Been Changed

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]

Administrative and Legal Professional Positions for RNS

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.

Patient Advocate

Healthcare IT (HIT)

Utilization Reviewer

Legal Nurse Consultant

Two related responsibilities

Medical navigational assistance

Home health assistance

Nursing Informatics:

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

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

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]

Information Technology Industry in Washington DC Regulatory Frameworks

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]

Business - Law Business Law

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]

Autonomy of the Law the

The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of the case is that it once again highlighted the limits of the power of the federal government. Chief Justice ehnquist declared that the congress had the power to regulate the channels of commerce, the instrumentalities of commerce and actions that affected interstate commerce. The Lopez case was therefore considered outside the federal jurisdiction.

Heart of Atlanta (Motel) v. The United States'

This case related to the application of commerce powers and also involved racial discrimination. This case involved commerce clause and Civil ights Act. The Court ruled that Congress had the power to regulate a business that served interstate travelers. It also declared that racial discrimination disrupts commercial…… [Read More]

Gilbert Law's Legal Writing Research

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]

Wills Outline of Gilbert Law

E.

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.

F.

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

A.

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.

B.

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.

C.

Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]

Paralegal Specialties International Law Paralegals in This

Paralegal Specialties

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]

Briefing Case Law Case Brief

he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated that INA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.

Holding of the Court

he Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of INA, which was intended to avoid excessive waste of taxpayer dollars, was already a…… [Read More]

Regulatory Law With Regard to

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.

ANALYSIS

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

Education Law

Education 520 Business Law

Hiring policy

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]

Business Law Case Review

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).

Section 2

In the case of American Canine Foundation v. City…… [Read More]

3408 Term 1 Coursework 2012-13 Law 3408

3408 Term 1 Coursework 2012-13

Law 3408 course work

Victoria's Case

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]

UK Law and Punishment

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]

FCC State the Administrative Agency Which Controls

FCC

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]

Comparison of Copiers Scanners and Printers for Law Offices

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.

Table 4.

Popular all-in-one copier/printer/scanner (fax) machines.

Copier/Printer/Scanner (Fax)

Description/Features/Performance

Price/Comments

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 and Administrative Strategies in Criminal Justice

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

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]

Labor and Employment Law

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]

Electoral Laws on Party Systems

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

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]

Three Strikes Laws From the

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]

Human Resources Law the Most

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]

International Law and Human Trafficking

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).

Cambodia

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

Employment Law in Vietnam

Summary of Minimum Statutory Entitlements

Annual Leave

Maternity Leave

Form of Contract

Termination

Discrimination Laws

Data Privacy Legislation

The Mandatory Social Security Fund

Employee Compensation

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]

United States Military and Environmental Law

U.S. MILITAY AND ENVIONMENTAL LAW

Military & Environmental Law

Environmental Analysis and Impact of the United States Military

Military activity affects the environment in direct and indirect ways. The purpose of this paper is to examine the impact of military training and readiness activities and the impact of armed conflict and war on the environment. Most environmental impact that results from armed conflict and war occurs in foreign and not domestic environments. However, military training and readiness activities have the potential to impact both domestic and international environments. Different standards apply to the regulation of military activity based on the geographic, national, and political arenas in which military activity occurs. Another dimension that affects the environmental impact standards to which the military is held accountable is based on the perceptions and attitudes of lawmakers, citizens, and warriors toward peacetime and readiness operations vs. armed conflict and war. This paper will…… [Read More]

European and International Environmental Laws Research Essay

European and International Environmental Laws esearch Essay

How do practices of consumption, disposal, and disassembly of everyday electronic objects, such as personal computers and mobile phone effect on sustainable development? Organic chemicals and heavy metals are often found near plants where electronics are manufactured, as well as in garbage dumps where the electronics are disposed of later. This can be evidenced by the presence of lead, cadmium, mercury etc. which are the basic components used for and in electronic products. Other organic chemicals, like flame- retardants, and lead power, have also been discovered near these kinds of cites. Many theorize that these chemicals may even be stored in the human body, and may present as the source of heavy neurological damage, especially in children. Clearly, e-waste impacts on societies in Europe, South Asia and America in several ways -- socially, economically, and biologically. This in turn impacts sustainable development.

esearch…… [Read More]