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Equal Employment Opportunity and Employee ights eview
List a: Civil ights Act of 1964 & ADA
The Civil ights Act of 1964 was passed to prohibit discrimination in the workplace, schools, and other arenas. The law protected historically discriminated-against groups such as women, religious groups, and other ethnic minorities. The Americans with Disabilities Act of 1990 expanded the protections of the original Civil ights Act to include disabilities. However, what constitutes a disability has been a contentious area of the law. According to the ADA, employers must not discriminate against persons with mobility, visual, or hearing impairments as well as people with cognitive disabilities. Illnesses have also been increasingly included under the law. Employers must make reasonable accommodations for their employees (Summary of ADA: Key points, 2012, LIFE Center). So long as the employee can do the job with reasonable accommodations, they cannot be discriminated against. For example, an administrator…
Laboni, R. (2012). Former Penn State assistant coach McQueary files whistleblower suit.
CNN. Retrieved: http://www.cnn.com/2012/10/02/us/pennsylvania-penn-state-lawsuit/index.html
Schwartz, Sara Goldsmith. (2012). Recent ADA cases underscore heightened accommodation duties. Retrieved: http://shpclaw.com/Schwartz-Resources/recent-ada-cases-underscore-heightened-accommodation-duties/
Summary of ADA: Key points. (2012). LIFE Center. Retrieved:
Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…
Works Cited List
American Psychological Association "Harris v. Forklift Inc." 2011.
Accessed 3 December 2011.
< www.apa.org > About APA > Directorates and Programs>
Cross, Frank. B, and LeRoy Miller, R. "Employment Discrimination." The Legal Environment of Business. Mason: South- West Cengage Learning, 2011
Employers are not permitted to create requirements for jobs that have a disparate impact upon the ethnic composition of the workforce, if such requirements are not necessary for the job. But "once a plaintiff has established a prima facie case of disparate impact, the employer may defend by demonstrating that its policy or practice is job related for the position in question and consistent with business necessity." Furthermore, "the City's assertions that the exams at issue were not job related and consistent with business necessity are blatantly contradicted by the record, which demonstrates the detailed steps taken to develop and administer the tests and the painstaking analyses of the questions asked to assure their relevance to the captain and lieutenant positions." Only after fearing it might be the subject of a lawsuit, not out of due consideration of the relevance of the exam to select the best officers did the…
Ricci v. DeStefano. University of Cornell Law School. 2009. January 2, 2010
By the late 1970s, the Cold War had wound down, and the Soviets posed less of a threat than they had over the past three decades. Many civil rights for blacks, women, and minorities in America had been won during the Cold War. Many other hard fights were still to come, but ultimately, the Cold War marked the height of American fear of aggression, and American gains in civil rights.
In conclusion, the Cold War was a major contributor to civil rights for a number of reasons. Civil rights were hard won, and many people gave their lives in the ultimate sacrifice to obtain freedom and equality. Civil rights came about for a number of reasons, but pressure from world forces on American democracy was one reason that civil rights became so important to many political leaders. Without pressure from much of the world, civil rights may have been even…
Dudziak, Mary L. Cold War Civil Rights: Race and the Image of American Democracy. Princeton, NJ: Princeton University Press, 2000.
Fairclough, Adam. "The Cold War and the Color Line: American Race Relations in the Global Arena." History Today Nov. 2002: 84+.
Graham, Hugh Davis. "The Civil Rights Commission: The First 40 Years." Civil Rights Journal 2.1 (1997): 6.
McAuliffe, Mary Sperling. Crisis on the Left: Cold War Politics and American Liberals, 1947-1954. Amherst: University of Massachusetts Press, 1978.
hen then Governor George allace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group (Modern 157).
Nine days after the assassination of King on April 4, 1968, Johnson signed the Civil Rights Act of 1968, which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, thus adding protection for civil rights workers and others (Modern 157). Additional legislation added enforcement provisions to the federal government's rules concerning discriminatory mortgage-lending practices, which means that all lenders must report to the…
Modern Civil Rights Legislation. Pp. 156, 157, 158, 159.
The 1960s was a period that Americans remember as being a period bursting with activities and movements. There was a lot that these years brought out. Some of the things that the period is remembered for are the many movements, including the civil rights and hippies movements, evolution of art and music and a promotion of love and peace with activism against the war in Vietnam. There were many uprisings in the society, especially in terms of culture, with regard to politics and socially as well. As a result of this, a lot of change was experienced in society. The movements for the rights of African-Americans became very strong during this period and forced the then president Lyndon Johnston to push for a Civil Rights Act, which was enacted in 1964 by Congress.
Although the enactment of this Act was welcomed, it was not sufficient and thus, more…
Magill, Frank N. Chron 20c Hist Bus Comer Vol 2. Hoboken: Taylor and Francis, 2014. Internet resource.
Mjagkij, Nina. Organizing Black America: An Encyclopaedia of African-American Associations. New York: Garland, 2001. Internet resource.
Grofman, Bernard. Legacies of the 1964 Civil Rights Act: [...papers given at a 1994 Conference..., Held at the Federal Judicial Centre]. Charlottesville, Va. [u.a.: Univ. Press of Virginia, 2000. Print.
Gold, Susan D. The Civil Rights Act of 1964. New York: Marshall Cavendish Benchmark, 2011. Print.
Under the new policy, the United States was committed to keep all commitments to treaties, provide a shield if nuclear power threatens the freedom of an ally or a nation that is important to U.S. security, and, in cases of other aggression, supply military economic assistance in accordance with treaty commitments, but should look to the nation threatened to assume primary responsibility to provide its own manpower for its defense. The goal was to reduce U.S. aid as the other country strengthens its own military for protection against attack.
Each of these movements created feelings that action was needed to force the government to enforce the laws they had created. Some of them took actions in protests, some in advocating for certain rights, and some took actions using violence. Where women took actions to advocate for women's rights, youth took actions of rebellion against traditions and voicing discontent and disagreement…
Civil Rights Movement. (n.d.). Retrieved from John F. Kennedy Presidential Library and Museum: http://www.jfklibrary.org/JFK/JFK_in_History/Civil-Rights-Movement.aspx
Decades of change: The rise of cultural and ethnic pluralism. (2008, Apr). Retrieved from IIP Digital: http://iipdigital.usembassy.gov/st/english/publica...80407123655eaifas0.7868769.html#axzz2QNCLypoo
Hill, L. (2007). America Dreaming: How Youth Changed America in the 60s. Boston, NY: Little Brown and Company.
The civil rights movement 1960-1980. (n.d.). Retrieved from Country Studies: http://countrystudies.us/united-states/history-130.htm
African-American and Mexican-American
Civil Rights in Texas
This essay discusses African-American and Mexican-American civil rights in Texas. The goal is to discover what some of the key events was in each the African-American and the Mexican-American battles for their group's civil rights. The secondary objective is to see how these movements resembled each other and how they differed from one another and if one was more effective than the other. As the United States and its individual states like Texas become more racially diverse, all new criteria will arise that may be more closely linked to India's caste system than to what we understand and take for granted here in the United States. Economic barriers and not racial barriers are gradually becoming the underlying motivator of the civil rights movement. In other words, being black or Mexican will not matter in regard to civil rights. If the respective…
Arnoldo De Leon. (1982). "The Tejano Community, 1836-1900." Albuquerque: University of New Mexico Press.
Alwyn Barr (1973). "Black Texans: A History of Negroes in Texas, 1528-1971." Austin: Jenkins.
Michael L. Gillette. (1978). "The Rise of the NAACP in Texas." Southwestern Historical Quarterly. 81, April.
David Montejano (1987). "Anglos and Mexicans in the Making of Texas, 1836-1986." Austin: University of Texas Press.
But in 1973, the American Psychological Association announced that they would be removing homosexuality from the list of recognized mental illnesses, as growing numbers of researchers and doctors realized that it represented fairly normal sexual behavior (Head par. 17).
A quick bit of simple arithmetic can tell you that it still took thirty years after the medical community determined that homosexuality was not dangerous or especially abnormal for the law to catch up. And in many instances, there still aren't laws protecting gays. All that the Supreme Court ruling did was ban laws that banned homosexual behavior; they cannot make laws to protect gay rights.
This has been the major issue plaguing the civil rights of homosexuals. Until the legislative branch of the government becomes involved in mandating that certain rights are protected, nothing that the judicial branch does will ever really be secure. This was shown most recently in…
Cornell. "Civil Rights: An Overview." Cornell University Law School Website. Accessed 15 April 2009. http://topics.law.cornell.edu/wex/civil_rights
Head, Tom. "The American Gay Rights Movement: A Short History." Accessed 15 April 2009. http://civilliberty.about.com/od/gendersexuality/tp/History-Gay-Rights-Movement.htm
Stanford. "Civil Rights." Stanford Encyclopedia of Philosophy. Accessed 15 April 2009. http://plato.stanford.edu/entries/civil-rights/#SexOri
Civil ights Historical Journal Entry
Tonight I awoke to the unmistakable sounds of long restrained rage being freed from its cage. My neighbors are in the street below the grocery store I've owned for nearly two decades, decent folks who are simply trying to earn a living and raise their families the right way. While most of them are Black, and have been since the bigoted practice of "blockbusting" drove most of the Whites to migrate en masse from the neighborhood of Watts (Simpson, 2012), these people are my neighbors, and in most cases, my dear friends. Tonight though, they have become an angry mob growing larger by the minute, a constellation of fierce eyes flashing amidst the darkness, orbiting slowly around a police car, the White cop driving it, and the young Black man he is trying to arrest. As the screams and shouts become more pitched, and the…
Reitman, V., & Landsberg, M. (2005, August 11). Watts riots, 40 years later. The Los Angeles Times. Retrieved from http://www.latimes.com/news/la-me-watts11aug11,0,673501.story
Simpson, K. (2012, February 15). The great migration: Creating a new black identity in los angeles. KCET Connected, Retrieved from http://www.kcet.org/socal/departures/landofsunshine/portraits/the-great-migration - creating-a-new-black-identity.html
American Civil ight Movement
Compare and contrast the Southern Christian Leadership Conference (SCLC) and the Student Non-Violent Coordinating Committee (SNCC) on the basis of their leadership, philosophy, and tactics.
Southern Christian Leadership Conference (SCLC) was a civil rights organization that was initiated by African-Americans in 1957 (Fairclough, 2001). The movement was primarily aimed at ending the segregation and discrimination against the black African population in the U.S. The core philosophy of SCLC revolved around to seek civil rights and economic justice for the people of Southern States having majority of African-Americans.
Student Non-violent Coordinating Committee (SNCC) actually aimed achieving same objectives as those of SCLC but through non-violent sit-in and defiance of segregated dining and lunch services. The core philosophy of SNCC was also eliminating segregation but the mission statement was narrower compared to SCLC.
The most prominent leader of SCLC was Martin Luther King, Jr. Other prominent…
Dyson, M.E. (2009). April 4, 1968: Martin Luther King, Jr.'s Death and how it Changed America. Basic Books.
Fairclough, A. (2001). To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr. University of Georgia Press.
Johnson & Johnson (2013). Annual Report & Proxy Statements: J&J. Retrieved from: [http://files.shareholder.com/downloads/JNJ/2770950354x0x644760/85FD0CFF-2305-4A02-8294-2E47D0F31850/JNJ2012annualreport.pdf]
Sundquist, J.L. (1968). Politics and Policy: The Eisenhower, Kennedy and Johnson Years. Brookings Institution Press.
Board of Education of Topeka. This case represented a watershed for Civil ights and helped to signal an end to segregation because it determined that "separate educational facilities are inherently unequal" (Warren, 1954). It is essential to note that federal support on this particular issue was only earned after African-Americans decided to use the legislative system to their advantage by taking the segregationist school system of Topeka, Kansas to task. This particular court case was a class action lawsuit filed on behalf of 13 parents whose children were enrolled in the city's school system. This action was highly influential in the African-American struggle for civil rights and to end discrimination because it demonstrated that they had learned the most effective means of fighting this systemic oppression -- by utilizing the system itself, in this instance, the legislative system that ran the country.
By doing so, African-Americans helped to end the…
Du Bois, W.E.B. DuBois, W.E.B. 1903. "The Talented Tenth." Pp. 31-75 in the Negro Problem: A Series of Articles by Representative American Negroes of to-Day. Contributions by Booker T. Washington, Principal of Tuskegee Institute, W.E. Burghardt DuBois, Paul Laurence Dunbar, Charles W. Chesnutt, and others. (NY: James Pott & Co., 1903
Lincoln, a. "13th amendment to the U.S. constitution: abolition of slavery." Ourdocuments.gov. Retrieved from http://www.ourdocuments.gov/doc.php?flash=true&doc=40
Mack, K.W. (1999). "Law, Society, Identity and the Making of the Jim Crow South: Travel and Segregation on Tennessee Railroads, 1875-1905.," 24 L. & Soc. Inquiry 377 . http://dash.harvard.edu/bitstream/handle/1/2790089/Law%2c%20Society%2c%20Identity%20and%20the%20Making%20of%20the%20Jim%20Crow%20South.pdf?sequence=2
Maidment, R.A. (1973). "Plessy v. Fergueson re-examined." Journal of American Studies. 7 (2): 125-132.
1. Describe the impediments to, and reasons for, the development of civil rights from 1877 to 1940.
Reconstruction had failed, leading to unresolved issues and the entrenchment of racist institutions in the social, economic, and political fabric of American life. After the formal end of Reconstruction in 1877, many impediments to civil rights were in fact legal but also ideological. Due to the lack of formal legal protections for African Americans, civil rights movements remained critical, particularly given the sinister nature of Jim Crow.
2. Discuss some of the major laws and events related to civil rights since 1940.
World War Two did have a major bearing on civil rights legislation, particularly as it led to the de-segregation of the American armed forces in 1948. The 1954 Supreme Court decision in Brown v Board of Education was also a major event signaling a shift in civil rights law in America.…
How Racism and Discrimination Affects ‘Civil Rights’ and Student Rights
Racism is the belief that one race is superior to another. It can result in prejudice and discrimination towards people based on their ethnicity and color. Discrimination is the treatment of people in an unfair manner based on their characteristics such as sexual orientation, age, race and gender. Racism is a type of prejudice that most countries fight, do not tolerate and hotly discuss. Countries such as Brazil had once categorized themselves as racial democracies. They allowed people who were racially indifferent to live side-by-side. Such countries are now experiencing the harsh reality of historic and entrenched racism. Some people argue that class and not race is the main cause of social distinction. This is because racism has become illegal officially from forms of overt racism such as abuse on social media and killing of unarmed blacks by police, especially…
Freedom and Equality in the 20th century
AN UN-ENDING FIGHT
Two Primary Methods against Segregation Policies
The Civil Rights Movement of African-Americans in the United States, also called the 1960s Civil Rights Movement, consisted of mass actions, aimed at ending racial discrimination and segregation against them (Tavaana, 2015). At the same time, it aimed at acquiring legal recognition and federal protection of their rights as citizens, as enshrined in the Constitution and federal law. The Movement was particularly active in the South between 1954 and 1968 (Tavaana).
The two primary methods used by the Movement in pursuing its ends were non-violent protests and civil disobedience (Tavaana, 2015). These and other campaigns were forms of civil resistance. They triggered crises and induced the holding of meaningful talks between them and government authorities. These initiatives were effective in the federal, state, and local levels of government as well as businesses and communities.…
AAO (n.d.). The civil rights era. Part I, African-American Odyssey. Retrieved on February 21, 2015 from http://www.memory/oc.gov/ammem/aaohtml/exhibit/aopart9.html
Civil Rights 101 (2001). Civil rights expanded: contemporary effects. The Leadership
Conference. Retrieved on February 21, 2015 from http://www.civilrights.org/resources/civilrights.101/erexpanded.html
Foner, E. (1997). Expert report. Diversity Matters: University of Michigan. Retrieved on February 21, 2015 from http://www.vpcomm.umich.edu/admissions/legal/expert/foner.html
civil rights legislation that seeks to safeguard individuals with disabilities from discrimination and guarantees that disabled children have equal access to an education. However, every child may be entitled for special education and associated services under Individuals with Disabilities Education Act (IDEA). One of the major issues with the two legislations is that entitlement to special education and associated services under IDEA and entitlement for protection under Section 504 are not disability-specific. This contributes to concern on who is entitled for protections under Section 504 but not within IDEA.
The determinations of eligibility for special education and associated services and for protection from discrimination are specific to every disabled child. The knowledge of IDEA and Section 504, especially their execution regulations, is usually necessary for obtaining suitable education for children with disabilities. Every child eligible for special education services under the IDEA statute is safeguarded under Section 504. This implies…
Rosenfeld, S.J. (n.d). Section 504 and IDEA: Basic Similarities and Differences. Retrieved April
25, 2013, from http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html
"Who is Eligible for Protections Under Section 504 & #8230; but Not Under IDEA?" (2011, March 1).
Wrights Law. Retrieved April 25, 2013, from http://www.wrightslaw.com/info/sec504.who.protect.htm
Civil ights: The ole of Black Churches
The audience will understand the role that black churches played in the ongoing Civil ights Movement.
In this speech, I will show that black churches -- through methods of advocacy, spiritual leadership and active participation -- play a significant role in the ongoing Civil ights Movement that began in the mid-20th century and clearly continues on into today's times.
Everyone knows of Martin Luther King, Jr., and the important role he played in the Civil ights Movement. But how many people know about or realized that King was one of many black pastors to bring black churches into the Movement, providing leadership, spiritual nourishment, and advocacy to African-Americans struggling for equality? Or that black churches continue today to be part of that ongoing struggle? Just as black churches are making an impact in cities around the country where communities are torn by racial…
African-American Registry. (n.d.). The Black Churches: A Brief History. AARegistry.
Retrieved from http://www.aaregistry.org/historic_events/view/black-church-brief-history
Calhoun-Brown, A. (2000). Upon this rock: The black church, nonviolence, and the Civil Rights Movement. PS: Political Science and Politics, 33(2): 168-174.
Dagan, D. (2015). Black churches led the Civil Rights Movement. Can they do it again? The Huffington Post. Retrieved from http://www.huffingtonpost.com/2015/06/14/baltimore-black-churches-freddie-gray_n_7556560.html
passing of the civil rights protection of homosexuals. This paper presents the views and reasons of the people who oppose the passing of this act. This paper then demonstrates the importance of the passing of this act and how it would benefit the society at large. The paper also highlights certain quotes to support its claim.
Civil Rights Protection of Homosexuals Human beings claim to represent a society that is not only civilized but also just in its ways. hen we as humans can fight for animal's rights, than we can certainly work for the civil rights protection of the homosexuals, who still belong to the category of human beings. Discrimination on the basis of race, class and sexual orientation must be eliminated as much as possible. Man, a creature of God has not been given the liberty to judge between right and wrong. As the bible has said, "There…
Dan L. Gays Deserve Their Civil Rights. 20 Apr. 1995. Available on the address http://www.spub.ksu.edu/ISSUES/V099B/SP/n141/opn-gay-rights-lewerenz.html.. Accessed on 11 Nov. 2003.
Darren H. Gay rights For Gay Whites?: Race, Sexual Identity, And Equal Protection
Discourse. Cornell Law Review. 1 Jul. 2000.
Homosexual Agenda. Available on the address http://www.christianhelps.org/homoagenda.htm . Accessed on 11 Nov. 2003.
e are supported in this by a statement which Justice Kennedy made during a 2003 Supreme Court case on the subject, wherein the Justice observed that "gay people have a 'liberty under the Due Process Clause [that] gives them the full right to engage in [intimate] conduct without intervention of the government.'
No matter how unpopular a group's sexual norms, he explained, the government may not 'demean their existence or control their destiny by making their private sexual conduct a crime.'" (Masci, 1) This would essentially acknowledge that discrimination against the rights of homosexuals qualifies as a form of civil rights violation, strengthening the legal precedent now becoming an ever greater likelihood. Those parties who have objected have also shown a great deal of resolve, as suggested by their victory in the typically left-leaning state of California. Primarily, this denotes that on both sides of the issue, parties are politically…
Anitel, S. (2007). Gays' Discrimination at the Workplace Decreases Productivity.
Softpedia. Online at http://news.softpedia.com/news/Gays-039-Work-Discrimination-Decreases-Productivity-70002.shtml
Head, T. (2006). Workplace Discrimination. About: Civil Liberties.
Masci, D. (2008). An overview of the same-sex marriage debate. The Pew Forum on Religion and Public Life. Online at http://pewforum.org/docs/?DocID=288
political, social, and civil rights as they are, the notion of possible futures haunts nearly everyone. Potential political realities in the present and not-so-distant future are examined in Margaret Atwood's Handmaid's Tale and Marge Piercy's Woman on the Edge of Time. These novels have become modern classics precisely because of their poignant relevance to real-world social and political affairs. Although both Atwood's and Piercy's novels are at least in part set in future times, both tales are devoid of any significant characteristics that distinguish them from the present day reality. Thus, both The Handmaid's Tale and Woman on the Edge of Time eerily depict life in modern-day America even as they bridge gaps in time. In particular, issues related to gender and to political power are salient in both books. Through the core elements of their narratives, The Handmaid's Tale and Woman on the Edge of Time reveal that male-dominated…
Coming of Age in Mississippi" by Anne Moody
In her article "Coming of Age in Mississippi," dating from 1968, Anne Moody tells the story of her participation in a blood shed sit-in demonstration at Woolworth's lunch counter. She was a student at Toogalo College in Jackson Mississippi, member of the NAACP (the National Association for the Advancement of Colored People). The Association, under the leadership of John Salter, Moody's social science professor, undertook a boycott in public stores as one of the numerous forms of manifestation within the Civil Rights Movement in Mississippi. The story begins with three young African-American students were peacefully asking for the right to be served at the same lunch counter where the whites were sitting.
With a lack of sentimentality and with deliberate detachment, Moody succeeds to present a realistic picture of the heaviest segregated place on earth in the sixties, Jackson, Mississippi. Moody, along…
Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).
The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…
Kotchegura, a. (2008) Civil Service Reform in Post-Communist Countries: Netherlands, Amsterdam University Press.
Bagley, P.D. (2007) the Everything Guide to Careers in Law Enforcement: A Complete Handbook: New York, Everything Books.
Cordner, G.W. & Scarborough, K.E. (2010) Police Administration: New York, Elsevier.
Richard, M.A., Emener, W.G. & Hutchison, W.S. Jr. (2009) Employee Assistance Programs: Wellness/Enhancement Programming: New York, Charles C. Thomas Publishers.
changed "Old South" ( Civil ar) "New South" ( Civil ar Second orld ar) modern South today? hat gained? hat lost? hat impact Civil ar Emancipation Southern Economy? The economy North? How Southern agriculture reorganized Civil ar? hat planters ? Black Freedmen? Consider tenancy sharecropping -- controversial? How Post war Southern agriculture Civil ar? hat trends southern agriculture 1865-1920? How compare mid-west? ere black tenants locked debt peonage tied land unable move opportunities, claimed? hat competing view? hat evidence cited? hat factors aided retarded growth manufacturing Civil ar? Consider specific industries problems.
The "New South" experienced change as African-Americans came to be normal workers and as the process of industrialization pervaded the territory. The Second orld ar and the Civil Rights movement provided individuals in the area with the hope they needed consequent to the Great Depression, considering how the economic crisis deeply affected them.
The Civil ar had a…
Fabre, Genevieve, "History and Memory in African-American Culture," (Oxford University Press, 1994)
Rothenberg, Daniel, "With These Hands: The Hidden World of Migrant Farmworkers Today," (University of California Press)
Turner-Sadler, Joanne, "African-American History: An Introduction," (Peter Lang, 2009)
Collective argaining and Civil Rights
Postal Service (USPS) entered into a Collective argaining Agreement (CA) with the American Postal Workers Union (APWU) in November of 2000. This CA addressed issues such as wage increase and promotion procedure, reassignment and reduction in force protection, as well as accommodation for deaf and hard of hearing postal employees. Specific measures for accommodating deaf and hard of hearing employees were established. Instituting the use of training videos with captions and using sign language interpreters during meetings, especially safety meetings, are a couple of measures outlined in the 2000 CA.
With the events that occurred on September 11th, 2001, and subsequent mailings of the potentially deadly biochemical Anthrax, safety of our U.S. Postal Service workers became a top priority. Numerous meetings were held to inform and instruct employees of potential hazards and proper handling procedure for packages suspected of containing anthrax. Vital information and procedures…
1. Deaf/Hard of Hearing Task Force Update. Retrieved 8/17/05, from APWU http://apwu.org/doh/index.htm
2. Goldberg, (11/21/2000). Collective Bargaining Agreement Between American Postal Workers Union, AFL-CIO and U.S. Postal Service. Retrieved 8/17/2005, from APWU http://apwu.org/dept/ind-rel/sc/082002ir2000cba.pdf
3. Kloepfer, Gary, (4/20/2004). Certified Interpreter Should Have Been Used for Safety Talk ((Airs # 40281-K98C-IK-C02029061). Retrieved 8/17/05, from John Durben http://www.newal.org/news/archives/00000138.htm
4. No'l Decker, ( 5/14/2003). Deaf Employees File Class Action Lawsuit Against the United States Postal Service for Civil Rights Violations. Retrieved 8/17/05, from APWU http://apwu.org/doh/stdeafhohlawsuit.htm
In addition to a lightened burden of proof and broader definition there were two additional changes resulting from the amendment which served to positively affect the impact and ultimate effectiveness of the legislation. This amendment clarified the fact that judges are not allowed to assess possible mitigating factors such as medication, corrective surgery, or specialized equipment in the determination of whether or not an individual is disabled. This change is directly related to the Sutton case. Further the amendments clarified the definition of major life activities. This amendment relates directly to the Williams case in which a judge deemed that Carpal Tunnel wasn't in fact a significant impairment to major life activities, it merely precluded her from successfully completing specific tasks in the work place. Though the language of the Act is still quite ambiguous, these changes help to clarify and protect the intention of the act.
1. Disability Discrimination Act 1995. (c.50), London: HMSO.
2. Schall, C., 1998. The Americans with Disabilities Act -- Are we keeping our promise? An analysis of the effect of the ADA on the employment of persons with disabilities. Journal of Vocational Rehabilitation, 10(3), pp.191-203.
3. Stowe, M., 2000. Interpreting "place of public accommodation" under Title III of the ADA: A technical determination with potentially broad civil rights implications. Duke Law Journal, pp. 297- 329.
4. Grabois, R., Nosek, M., & Rossi, D., 2005. Accessibility of primary care physicians' offices for people with disabilities: An analysis of compliance with the American with Disabilities Act. Archives of Family Medicine, 8, pp. 44- 51.
Popular Film Cultures Have Propelled Civil and Social Rights
Culture is referred as shared interaction, patterns, cognitive constructs, behaviors as well as effective understanding learned through socialization and transferred from one generation to the other. In the United States and outside the United States, films have become a powerful tool to transmit cultures. In 2009, there were more than 6.8 billion films released compared to the world population that was roughly the same number. Moreover, films have produced revenue of more than $30 billion annually, and its impact on films on people's behaviors is staggering. For example, many people across the world are imitating American culture by watching their movies. Moreover, films have become a powerful tool for propelling civil and social rights.[footnoteRef:1] The social civil rights are the class of rights and freedoms people demand from the government, private individuals or social organizations. Civil rights movements protect people from…
American Disability Act and Affirmative Action Act
Critique of Modern Civil ights Acts
The quest to ensure that every American's civil rights are guaranteed is still being waged today. New populations of disadvantaged are continuing to be guaranteed by modern legislation the same every day benefits the majority of the population often takes for granted. Acts like the American Disability Act and the Affirmative Action Act are continuing to provide for the American people to ensure that everyone gets the same benefits and rights; although some of these acts have been more successful than others.
The American Disability Act was a monumental piece of legislation aimed at helping protect the rights of vulnerable populations. For generations, there was little vocational protection for the disabled in the work environment. This often led to wrongful termination and even a complete lack of hiring people with disabilities. In 1990, the president Bush passed…
Dale, Charles V. (2005). Federal affirmative action law: A brief history. CRS Report for Congress. Web. http://www.au.af.mil/au/awc/awcgate/crs/rs22256.pdf
U.S. Equal Opportunity Employment Opportunity Commission. (2008). Facts about the American Disability Act. Web.
Minority Rights Revolution
The Civil Rights movement of the 1960s brought about several concordant social changes in the United States. What began as primarily an attempt to liberate African-Americans from continued systematic oppression in the form of school segregation Jim Crow laws turned out to be as much of a boon to American women and minority groups other than blacks, especially Latinos. Among the issues shared in common by all oppressed groups include voting rights, equal access to education, and equal employment opportunities. Creating social programs and institutions to provide especially for the needs of all minority groups was a logical extension of the Civil Rights movement, which appealed to women and Latinos as well as to African-Americans. The design of blanket-institutions and legislation was definitely a step in the right direction, as oppressed groups do suffer from similar forms and consequences of discrimination. However as John D. Skrentny points…
pecifically, the ADA recognizes disability that results from physical or psychological disabilities that have detrimental effects on any part of life that is considered a "major life activity." Generally, those activities are those that are, ordinarily, "basic components" of a person's life. Typical examples of "basic components" of a "major life activity" would be seeing, hearing, walking, communicating, and learning.
Title I also prohibits any form of discrimination in hiring and promotions against the disabled. American with Disabilities Act Title II requires all state and local governments and municipalities to make "reasonable accommodations" to enable the disabled fair access to their buildings and facilities, and to the equipment of their public transportation systems. American with Disabilities Act Title III establishes similar obligations on private businesses and on most other commercial facilities that are generally open to the public.
Relevance to the Modern Workplace and Health Information Management
In the modern…
Edwards, G.C., Wallenberg, M.P., and Lineberry, R.B. (2009). Government in America: People, Politics, and Policy. New York: Longman.
Goldfield, D., Abbot, C., Argersinger, J., and Argersinger, P. (2005). Twentieth-Century
America: A Social and Political History. New Jersey: Pearson.
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…
Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,
2009, from http://books.google.com/books?id=pi5AAAAAIAAJ&q=Liberti+v.+York&dq=Li
The Columbia World of Quotations. (1996). Columbia University Press. New York.
In 1963, the Equal Pay Act equalized pay between men and women by law, but did not apply to many types of employment such as administrators, professionals, and executives. The following year, Title VII of the Civil Rights Act of 1964 outlawed discrimination based on gender (and race), in conjunction with the creation of the Equal
Employment Opportunity Commission (EEOC) to enforce employment rights and redress violations of law in that regard.
Homophobia, Limitations of Equality, and Room for Future Improvement:
Today, American women enjoy most of the same rights and privileges and men, although certain inequalities still persist. In a practical sense, female wages still lag substantially behind many of their male counterparts in wages in non-regulated employment areas. One of the areas in which civil rights and privileges still reflect considerable inequality is in the realm of same-sex unions. While some states recognize the equality of same-sex couples…
Equal Pay Act: Difficult but Essential to Enforce
According to the federal Bureau of Labor Statistics, in 2009, women made about 80% of what men of the same race performing the same jobs did. Historical data from the BLS (and this is consistent with other sources) demonstrate that things have improved little in terms of pay equity for women over the past half century or so (Bureau of Labor Statistics, http://data.bls.gov/cgi-bin/surveymost ). This is true despite the fact that in 1963, the Pay Equity Act became federal law in 1963. It is nearly impossible not to consider this law a failure in its effects given that so little has changed. (One might argue that things might have gotten worse for women absent this law, but this argument seems at least primarily specious.)
Congress enacted the law, which amended the Fair Labor Standards Act, for a number of reasons, including the…
AFL/CIO, "Pay Equity," retrieved 5 February 2010 from http://www.aflcio.org/issues/jobseconomy/women/equalpay/ ).
Bureau of Labor Statistics, retrieved 4 February 2010 from http://data.bls.gov/cgi -
Representative Rosa DeLauro first introduced an identical bill in the House of Representatives on the same day. These Congresswomen have introduced identical legislation in their respective chambers annually since 2005. The Act was most recently introduced on March 6, 2007. (Absoluteastronomy.com, n.d.)
The Congress did not ignore the EPA's economic consequences on the salaries and employment opportunities for both men and women. First, as an amendment of the FLSA, the EPA is part of the same legislative structure that houses the federal minimum wage laws. The EPA acts as a wage equalizer between men and women for equal jobs, and has the potential of acting as a price floor on the salaries of men or women for particular jobs. As such, the EPA had the potential of causing some of the same problems observed by minimum wage laws: unemployment, and additional discrimination. (Absoluteastronomy.com, n.d.)
From the EEOC's initial enforcement…
Absoluteastronomy.com. (n.d.). Equal Pay Act of 1963. Retrieved February 10, 2009, from Absolute Astronomy: http://www.absoluteastronomy.com/topics/Equal_Pay_Act_of_1963
Brunner, B. (n.d.). The Wage Gap. Retrieved February 10, 2009, from Infoplease:
EEOC. (n.d.). Equal Pay and Discrimination. Retrieved February 10, 2009, from U.S. Equal
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing something to make things better" -- Laurel Paget-Seekins (Lindsey, 2004, p. 1) the U.S.A. Patriot Act has been touted to do just this - or to make things better in terms of security of American citizens and it is certain that the provisions of this Act have served to increase levels of security for American citizens but this security has come with a cost attached and for some Americans the cost is too high and too intrusive upon their basic civil rights. One such instance of the complexity created within the security paradigm are the no-fly lists that have been implemented in U.S. airports since September…
Bohn, Kevin (2003) Patriot Act Reports Documents Civil Rights Complaints. 31 July 2003. CNN Law Center. Online available at http://www.cnn.com/2003/LAW/07/21/justice.civil.liberties/index.html
Carafano, James Jay (2007) Securing the Home Front. The Heritage Foundation. 10 July 2007. Online available at http://www.heritage.org/Press/Commentary/ed071107a.cfm
Drew, Kevin (2002) Balancing Life and Liberty: Danger to Civil Liberties when Security is Strengthened - CNN Law Center 10 Sept 2002. Online available at http://archives.cnn.com/2002/LAW/09/05/ar911.civil.liberties/
Houses, spaces raided throughout the Twin Cities (2008) Coldsnap Legal 30 Aug 2008. Online available at http://coldsnaplegal.wordpress.com/2008/08/30/houses-spaces-raided-throughout-the-twin-cities/
WOMEN'S IGHTS: EQUALITY IN THE WOKFOCE, EQUAL PAY
Women's ights: Equality in the Workplace, Equal Pay
Legislative background. The word "sex" is always an attention-getter, and when used in legislation, it can be polarizing. Public Law 82-352 (78 Stat. 241) was passed by Congress in 1964 as a civil rights statute. The Law made it a crime to discriminate in all aspects of employment on the basis of race and sex. epresentative Howard W. Smith (D-VA) added the word "sex" at the eleventh hour (O'Neill, 2011), reported to keep the bill from being passed. As a conservative Southerner, Smith was seen as an opponent of federal civil rights legislation. But Smith defended his action, explaining that he had amended the bill because of his work with the National Women's Party and his efforts to support Alice Paul. The effort to retain the word "sex" in the bill was led by…
About NOW, National Organization of Women. Retrieved http://www.now.org / organization/info.html
About Us, Women's International Forum. Retrieved http://www.iwf.org/
About Us, WorkLife Law. 2011. A Center of UC Hastings College of the Law. Retrieved http://www.worklifelaw.org/ProveitAgain.html
Thomas, M. 2011. Another equal pay day. Really? Ms. Foundation for Women. Retrieved http://ms.foundation.org/
What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?
NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of the problem and put through a corrective plan to improve his shortcomings before dismissal. Nevertheless, this is a case of implied contract where there is lack of clause clarifying that the policy is not intended to include employment affiliations (Cheeseman, 2010). The employment-at-will doctrine allows the employer to dismiss employ at will; however, in this case NewCorp violated their own guidelines showing poor ethics in the decision to terminate Pat's employment.
Wrongful discharge is supported by the…
Cheeseman, H.R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues . PrenticeHall.
Cheeseman, H.R. (2010). EMPLOYMENT, WORKERPROTECTION, AND IMMIGRATION LAWS. In Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition (pp. 486-510). Retrieved from University of Phoenix
Grossman, J. (2003, January 28). IF employers don't provide insurance covering fertility, are they guilty of sex discrimination? A federal appeals court says no. Retrieved January 26, 2009 from http://writ.news.findlaw.com/grossman/20030128.html
Jennings, M.M. (2006). Business: Its legal, ethical, and global environment. Mason, OH: Thomson.
In Iran, the American-backed Shah had become increasingly unpopular throughout the 1970s. The Shah fled Iran in 1979, finding temporary refuge in the United States. Religious extremist Ayatollah Khomeni easily filled Iran's political and social need for a backlash against American interventionism.
Iran's 1979 Revolution had a major impact on its relationship with the United States and with the rest of the world. hereas the Shah had guaranteed a steady supply of oil to the United States in exchange for "economic and military aid," the Ayatollah Khomeni did not ("The Hostage Crisis in Iran"). The situation created a second oil crisis and subsequent inflation. Moreover, the Iranian Revolution soured American relations with the nation when on November of 1979, Iranian militants "stormed the United States Embassy in Tehran and took approximately seventy Americans captive," ("The Hostage Crisis in Iran"). The hostage scenario symbolized the rise of terrorism and specifically, anti-American…
The 1964 Civil Rights Act to the Present." Infoplease.com. Retrieved Feb 8, 2009 at http://www.infoplease.com/ce6/history/A0858852.html
Aberman, Samara. "The War on Drugs." PBS NewsHourExtra. 2001. Retrieved Feb 8, 2009 at http://www.pbs.org/newshour/extra/features/jan-june01/drug_war.html
Dirks, Tim. "Film History of the 1970s." The History of Film. Retrieved Feb 8, 2009 at http://www.filmsite.org/70sintro.html
Halber, Deborah. Seventies oil crisis was a 'perfect storm' for U.S. MIT. March 23, 2007. Retrieved Feb 8, 2009 at http://web.mit.edu/newsoffice/2007/jacobs.html
Do the employer's actions here seem to be reasonable to you (both those in response to diversity and in response to the employee's reaction)?
In Peterson vs. Hewlett Packard, the employer's actions are reasonable. his is because they are trying to promote tolerance and respect for others. he only way these objectives are achieved is by showing the importance of everyone to the organization. his is regardless of their racial group, sexual orientation or gender. hese practices are designed to create a workplace that is neutral and respects everybody's contribution.
In response to Peterson's reaction, Hewlett Packard executives told him that the religious quotes directed at homosexuals are in direct conflict with them. his is because he is promoting discrimination and hatred against certain groups of individuals. o make matters worse, they asked Peterson multiple times to remove them and gave him time off (with pay) to think…
The best way to design a diversity program that is not offensive to everyone is to show the importance of diversity to the organization. This means the company must utilize tolerance to illustrate how everyone should be embracing these attributes. The best way to achieve these objectives is to have specific individuals come and talk to employees, who have problems with the program, about the challenges they are facing.
In the case of Peterson, Hewlett Packard could have brought in a religious leader to speak with him about the issue. Peterson more than likely would have cited the 10 Commandments. However, in the New Testament, Christ talks about the importance of turning the other check, openness and love. As a result, Peterson's actions were serving a way of judging on anyone who is gay. In the Bible, it clearly states that God is the final arbitrator. This means that Peterson is trying to act like he is a deity based upon his hatred for homosexuals.
After this, is when Hewlett Packard could have their legal counsel talk with Peterson and show how his actions are in direct violation of the Civil Rights Act of 1964. This is when they will provide him with a written warning and have Peterson acknowledge his receipt. After two more written warnings, is the point he will be terminated for refusing to follow these guidelines. This would have made it more difficult for Peterson to sue, as there is a written record illustrating his blatant refusal to abide by the law and company policies / procedures.
Non-discrimination is the act of treating people in fairness without prejudice. Non-discrimination policies are laws that prohibit discrimination in cities, state, schools, universities, colleges and workplaces. Federal laws and state laws forbid discrimination in employment. Different states have different rules in place to guard against discrimination, example, the California Fair Employment Practices Act prohibits discrimination in employment on the grounds of religion, age, sex, race, color, medical condition, physical handicap, marital status, and national ancestry or origin, and this applies to all employment agencies, employers and labor organizations. Federal 1964 civil rights act Title Vii (42 U.S.C. Section 2000e-17) prohibits discrimination in employment because of religion, sex, race, color or national origin. This applies to all employers that are in-charge of at least 15 workers on each working day.
Apart from these two laws which serve general application, there are other State and Federal laws that forbid…
Carrington, W.J., McCue, K., & Pierce, B. (2002). Nondiscrimination Rules and the Distribution of Fringe Benefits. Journal of Labor Economics, 20(S2), S5-S33.
Department's 1991 title II. (2010). ADA regulation. Retrieved from http://www.ada.gov/reg2.html.
Deslippe, D.A. (2004). "Do Whites Have Rights?": White Detroit Policemen and "Reverse Discrimination" Protests in the 1970s. The Journal of American History, 91(3), 932-960.
Liechty, J.M., & Anderson, E.A. (2007). Flexible Workplace Policies: Lessons from the Federal Alternative Work Schedules Act. Family Relations, 56(3), 304-317.
In 1834, the British Empire abolished slavery (the Civil War Home Page, 2009). Great Britain had remained one of the United States' largest trading partners and was, at that time, still the most influential nation in the world. Moreover, Great Britain had retained slavery after many other countries ended the practice. The end of slavery in Great Britain also meant that those in the North who wanted the abolition of slavery could support their assertions that the world viewed the United States as backwards and barbarous because of the practice of slavery. Moreover, it certainly changed the potential for allies in the Civil War. Though not a monarchy, the South was an aristocracy and both Britain and France were then-ruled by monarchies. As long as the struggle was about a states-right government rebellion, the root cause of that rebellion, slavery, could be ignored and European countries could provide aid to…
Brotherly Love. (unk.). Historical document: Missouri Compromise. Retrieved February 22,
2011 from PBS.org website: http://www.pbs.org/wgbh/aia/part3/3h511.html
The Civil War Home Page. (2009). Events leading to war- a Civil War timeline. Retrieved from http://www.civil-war.net/pages/timeline.asp
Dred Scott v. Sandford, 60 U.S. 393 (1857).
In some ways, the Civil War was the analogue of the Terror for Americans: It was the bloodthirsty incestuous violence that allowed the nation to move onward to a full embrace of democracy, joining itself to Europe as the world began to tip toward democratic ideas and ideals.
Stephen Kantrowitz's biography of Benjamin Tillman demonstrates how he can be seen as a symbol for an entire cohort of Southerners of his generation, people (mostly but not exclusively men) who could neither understand nor tolerate the new order that had formally instituted itself after Emancipation. They could not understand a world in which black men were suddenly their legal equals. Tillman, and others like him, lived in a world that told them that blacks had to be treated like equals even though many white Southerners did not see their black compatriots as even being fully human.
This set up…
civil war on the American economics, military and diplomatic ties. The paper will discuss the effects of the victory of the Unions and the defeat of the Confederates.
The victory of the North in the American Civil War put an end to slavery and to the South's effort to secede from the Union. The years during which the Civil War settlement continued to be contested are known as the econstruction period. econstruction lasted roughly from the end of the war in April 1865 to the withdrawal of the last federal troops from the South in April 1877.
Effects of Civil War
The most important result of the Civil War was the liberation of nearly 4 million Southern slaves. The sudden release of so many people would have been a tremendous problem even in an atmosphere free from the bitterness that had been created by a civil war. Postwar…
Civil War: The Effects, Last viewed: 19th May'04
United States History, Civil War Effects and Reconstruction, last viewed: 19th May'04
right" embodies the notion that one has the sovereignty to act without obtaining the permission of others (Lea, 2004). This concept carries an implicit unstated postscript with it in that one may exercise one's rights as long as one does not violate the individual rights of others. Individual rights pertain to the rights that are deemed universal to all people regardless of any group affiliations they may have. For example freedom of speech is considered a universal individual right in many societies. Governments are formed to protect the individual rights of all, but at the same time restrict some rights to ensure equality.
Collective rights refer to the rights that groups have, or to the rights held only by those individuals within a specified group (Lea, 2004). For instance, a certain group of indigenous people may lay claim to certain rights such as the right to live on native lands…
Lea, D. (2004). Individual autonomy: Group self-determination and the assimilation of indigenous cultures. North Australian Research Unit. Discussion Paper No. 18, 1-17.
Tsey, K. & Every, A. (2000). Evaluating Aboriginal empowerment programs: the case of family well-being. Australian and New Zealand Journal of Public Health, 24(5), 509-514.
Three major industries emerged: cotton, tobacco and iron. It's arguable that the cotton and tobacco industries did not stray far from their antebellum roots; however, the majority of the factories were funded by Northern investors. No different was the emerging iron and steel industry of the post-Civil War South - by the early 1900s, the factories were owned almost exclusively by the Northern Andrew Carnegie (Schultz, Tishler).
The emergence of factories did more than impact society as a whole with a race to the cities; race relations were impacted as well. The majority of the new factory jobs were held by whites, with blacks doing only unskilled labor. Mill owners justified the hiring of all whites as making up for the antebellum disparity that had existed when blacks had the majority of agricultural "jobs," if their former slave labor could be called that. At the political level, after the ratification…
Ransom, Roger L. "The Economics of the Civil War." University of California, Riverside, 02-01-2010.
Retrieved from: http:/ / the.net/encyclopedia/article/ransom.civil.war.us
The Reconstruction Acts: 1867. Texas State Library and Archives Commission. Retrieved from:
As a part of its responsibility to monitor federal agency compliance with Section 501, the U.S. Equal Employment Opportunity Commission (EEOC) collects and compiles data regarding agencies' hiring and advancement of workers with disabilities. At the time of hiring, federal agencies provide employees the opportunity to self-disclose that they have a disability, on a Standard Form 256 (SF-256); the numbers of people who so identify are reported to the EEOC. In1979, EEOC officially designated certain disabilities as targeted disabilities in its Management Directive 703 issued on December 6, 1979, which in 2003 was superseded by Management Directive 715. MD 715 defines targeted disabilities as "Disabilities that the federal government, as a matter of policy, has identified for special emphasis in affirmative action programs. They are: 1) deafness; 2) blindness; 3) missing extremities; 4) partial paralysis; 5) complete paralysis; 6) convulsive disorders; 7) mental retardation; 8) mental illness; and 9) distortion…
Supreme Court Decisions Interpreting the Americans with Disabilities Act, subpart
II (J)(1), at http://www.ncd.gov/newsroom/publications/2002/supremecourt_ada.htm , quoting the National Council on Disability, TOWARD INDEPENDENCE, app., at a-15 & a-37 (1986).
Robert L. Burgdorf Jr., "Substantially Limited" Protection from Disability
Discrimination: The Special Treatment Model and Misconstructions of the Definition of Disability, 42 Villanova L. Rev. 409, 529 -- 533 (1997)
Civil Liberties and Temporary Security: Billy Budd and Guardians
"People willing to trade their freedom for temporary security deserve neither." Benjamin Franklin's statement is often invoked in times of warfare, when civil liberties tend to be most at risk of curtailment, yet it crucially fails to describe the one sector of the American population that is most involved in warfare: the military. Historically military service has not exactly been the voluntary affair it currently is. During the U.S. Civil War cities like New York and Philadelphia would have riots over Lincoln's imposition of a military draft; the First and Second World wars would see the invention of "conscientious objector" status, and Vietnam made "dodging the draft" a generational meme among baby boomers. But leaving aside the question of whether or not military conscription is a gross violation of civil liberties -- to some extent, this depends upon the culture, as…
A Fight for Democracy
There are many forms of government that exist in the world. From dictatorships to monarchies to democracies. However, the most challenging form of government by far is democracy. This is because it involves participation by the government and the people.
The word democracy has origins in the Greek language with the meaning 'rule by the people' (Patrick, 2006). ome and Athens represented the precursors to modern democracies and served as the first 'democracies' of antiquity. Democracies were made in order to control the abuse of power people witnessed see from rulers. While democracy has ancient roots, modern democracy was only formulated during the age of Enlightenment, specifically the 17th and 18th centuries.
In this age, philosophers designated fundamental elements of democracy. These are: basic human and civil rights, separation of powers, religious freedom, and separation of church and state (Ostrom, 1997). Modern democracies have…
Burns, K. (2015). The Civil War. The Film. Episode Descriptions. Episode One.Pbs.org. Retrieved 26 May 2016, from http://www.pbs.org/civilwar/film/episode1.html
Jones, T. (2016). Could the South Have Won the War? Opinionator. Retrieved 26 May 2016, from http://opinionator.blogs.nytimes.com/2015/03/16/could-the-south-have-won-the-war/
Kent, Z. (2011). The Civil War. Berkeley Heights, NJ: Enslow.
Ostrom, V. (1997). The meaning of democracy and the vulnerability of democracies. Ann Arbor: University of Michigan Press.
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…
Cowan, J. (2010). Why we'll Never Escape Facebook. (Cover story). Canadian Business, 83(10), 28-32.
Davis, S. (2009). Is There A Right To Privacy? Pacific Philosophical Quarterly. 90(4), 450-475.
De Bruin, B. (2010). The Liberal Value of Privacy. Law & Philosophy, 29(5), 505-534. doi:10.1007/s10982-010-9067-9.
Doyle, C., & Bagaric, M. (2005). The right to privacy: appealing, but flawed. The International Journal of Human Rights. 9(1), 3-36.
" (South Australia, p. 8)
This demonstrates the balance which is necessary in protecting the rights of the patient and simultaneously ensuring that physicians have the freedom necessary to perform to the best of their abilities. In a respect, this underscores the nature of the strategies used for the protection of patients' rights. The intention is primarily to provide a basic forum for the constructive interaction of patient and physician with legal recourse serving as a failsafe. So is this implied by the LSCSA, which indicates that the demands of existing Patients' Rights standards are designed to make the physician actively accountable to the patient's interests. Therefore, the LSCSA indicates a strategy for preserving the right to consent, reporting that "although the first step usually should be to speak to the doctor or other health care provider who has treated the patient, if any doubts remain, a patient should not…
Legal Services Commission of South Australia (LSCSA). (2010). Patients' Rights. Law Handbook.sa.gov.au.
South Australia (1995). Consent to Medical Treatment and Palliative Care Act 1995. Legislation Revision and Publication Act 2002.
South Australia1 (2009) Mental Health Act 2009. Legislation Revision and Publication Act 2002.
Lee decided to run even before Sherman was able to come, and escaped from Petersburg. Grant was able to catch him at Appomattox, and then was the surrendered. There were 360,000 dead on the Union side and 260,000 dead on the Confederate side, but the union continued. This war made United States as a nation and a state. Earlier secession and state veto power had been disturbing the government from the beginning. (United States (History): The South Secedes) From here started econstruction, but that is another story.
Coming of the Civil War: An Overview. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
Encyclopedia: Bleeding Kansas. etrieved at http://www.nationmaster.com/encyclopedia/Bleeding-KansasAccessed on 26 May, 2005
Encyclopedia: Missouri Compromise. etrieved at http://www.nationmaster.com/encyclopedia/Missouri-CompromiseAccessed on 26 May, 2005
The Compromise of 1850. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
United States (History): Bleeding Kansas. etrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html#s85Accessed on 26 May, 2005
United States (History):…
Coming of the Civil War: An Overview. Retrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
Encyclopedia: Bleeding Kansas. Retrieved at http://www.nationmaster.com/encyclopedia/Bleeding-KansasAccessed on 26 May, 2005
Encyclopedia: Missouri Compromise. Retrieved at http://www.nationmaster.com/encyclopedia/Missouri-CompromiseAccessed on 26 May, 2005
The Compromise of 1850. Retrieved at (http://encarta.msn.com/encyclopedia_1741500823_16/United_States_(History).html. Accessed on 26 May, 2005
Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.
And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.
Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.
Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…
Civil war is the most momentous and crucial period in the history of America. Not only did this war bring an end to slavery in the country but also paved way for numerous social and political changes. The country had already been torn by the negative trend in race relations and numerous cases of slave uprisings were taking their toll on the country's political and social structure. While slavery is cited as the most common cause of the Civil War, it is believed that there were several other factors involved. In other words, though slavery was the major cause it was certainly not the only cause.
Though slavery was the major cause of the Civil War, it was the issues of states rights that played the second most important role. We must understand here Confederation was created with 13 colonies coming together and forming central government. But it…
updated June 1, 2002. April 23, 2009. http://www.civilwarhome.com/gordoncauses.htm
Leidner, Gordon. "Causes of the Civil ar: A Balanced Answer." Great American History.
April 23, 2009. http://www.greatamericanhistory.net/causes.htm
Litwak, Leon. "Results of the Civil ar." Funk & agnalls® New Encyclopedia. 2005 orld
Almanac Education Group. April 23, 2009.
"The Secession Crisis: Bleeding Kansas." The Civil ar. April 23, 2009.
"The Secession Crisis: Dred Scott." The Civil ar. April 23, 2009.
"The Secession Crisis: The Missouri Compromise." The Civil ar. April 23, 2009.
John B. Gordon, "Causes of the Civil ar," Reminiscences of the Civil ar, page updated June 1, 2002, April 23, 2009, http://www.civilwarhome.com/gordoncauses.htm
"Causes of the Civil ar," KET, 2009, April 23, 2009, http://www.ket.org/civilwar/causes.html
Gordon Leidner, "Causes of the Civil ar: A Balanced Answer," Great American History. April 23, 2009. http://www.greatamericanhistory.net/causes.htm
"The Secession Crisis: The Missouri Compromise," The Civil ar, April 23, 2009, http://civilwar.bluegrass.net/secessioncrisis/200303.html
"Causes of the Civil War," KET, 2009, April 23, 2009, http://www.ket.org/civilwar/causes.html
Gordon, John B. "Causes of the Civil War." Reminiscences of the Civil War. Page
updated June 1, 2002. April 23, 2009. http://www.civilwarhome.com/gordoncauses.htm
Leidner, Gordon. "Causes of the Civil War: A Balanced Answer." Great American History.
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which…
Australian courts can also decline to hear a case if it doesn't believe it is the right forum.
Since 2004 and the introduction of European SE companies, some interesting conflicts of jurisdiction have ensued. If the company was first registered in a single country, it is subject to those laws. As an SE company, the corporation is also subject to additional regulations of the Union. The corporation doesn't have to abide by all the laws of all the countries of the Union, just the specific SE rules and the rules of their country. This can be a distinct advantage for SE companies at they can forum shop and choose the country which best suits the business' needs before making a choice about where to base its operations. The company can then operate both under the jurisdiction of the country with the most favorable laws and have the privileged position of an SE throughout the Union. This kind of behaviour will continue for the foreseeable future; there has been some consistency of law across the Union recently, but there are still distinct differences from country to country. It is worth a corporation's time and effort to do its research before deciding where to incorporate.
California was particularly problematic. Taken from Mexico after the war, California was geographically cut in half along the 36°30, and was therefore legally and politically cut in half. However, residents applied for statehood as a free state in 1850. Congress responded with a set of complicated compromises: California would be admitted as a free state in exchange for the Fugitive Slave Law, which required that citizens residing in free states hand over runaway slaves, who would not be afforded any legal rights. Additionally, the District of Columbia would cease trading slaves, but the institution itself would not be abolished; slaves would not be emancipated. The admission of California as a free state upset the balance of power in Congress. The Fugitive Slave Law fueled the Underground Railroad and underscored the deepening divisions between North and South.
The Missouri Compromise was shot to pieces in 1854, when Kansas and Nebraska were…
Bleeding Kansas." Africans in America. PBS Online. Online at http://www.pbs.org/wgbh/aia/part4/4p2952.html .
The Compromise of 1850." Africans in America. PBS Online. Online at http://www.pbs.org/wgbh/aia/part4/4p2951.html .
Cozzens, Lisa. "Impact of Dred Scott." African-American History. Online at http://www.watson.org/~lisa/blackhistory/scott/impact.html .
Kansas-Nebraska Act." The Columbia Encyclopedia. Sixth Edition. Columbia University Press, 2001. Online at http://www.bartleby.com/65/ka/KansasNe.html .
Right to Die
For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the meanings of liberty and freedom of choice, the morality of taking one's own life, the ethics of people involved in such actions, and the laws related to this issue take center stage in the arguments.
Since civilization began, suicide has existed in one form or another, with varying degrees of acceptance, such as the ancient Greeks who held tribunals for elderly people who requested to die, and if approved, were given hemlock and during the first century B.C. actually held annual banquets where the elderly were allowed to attend and drink poison if they felt they had lived long enough.
Brennecke, Shari J. "Right to Die: An Overview" Gerontology Manual. http://otpt.ups.edu/Gerontological_Resources/Gerontology_Manual/Brennecke.html .(accessed 12-03-2003).
Chachere, Vickie. "Judge appoints professor as guardian for brain-damaged woman in Florida." AP Worldstream. November 01, 2003. http://ask.elibrary.com/getdoc.asp?querydocid=1P1:86544618&dtype=0~0&dinst=0&pubname=AP+Worldstream&author=VICKIE+CHACHERE%2C+Associated+Press+Writer&title=Judge+appoints+professor+as+guardian+for+brain%2Ddamaged+woman+in+Florida&date=11%2F01%2F2003&query=Terry+Schiavo+and+the+State+of+Florida%2E&maxdoc=30&idx=2&ctrlInfo=result%3ASR%3Aprod.(accessed 12-03-2003)
Cruzan v. Director, Missouri Dept. Of Health." Citation: 497 U.S. 261 (1990)
Concepts: Right to Die/State Police Powers. http://www.tourolaw.edu/patch/CaseSummary.html .(accessed 12-03-2003).
Civil vs. Criminal Law
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…
hen a northern imposition of tariffs, ratified in Pennsylvania in 1828, began to damage southern income, the 'abomination,' as this legislation was labeled, became a flashpoint for Southern identification with anti-federalist principles. This spoke to one of the strengthening ideological holdings in the South as it pertained to maintaining a slave-labor system in spite of the nation's prevailing cultural, ethical and economical trends.
The South would generally hold that the Constitution was conflictive to the independence of states.
In the unfolding dispute between the regions, South Carolina would be a leader for the concept of nullification, which as explicated in a doctrine anonymously written by southern leader John C. Calhoun, would entitle states to undermine Federal laws that were inconsistent the individual states' constitutions. An act which elicited a military response against South Carolina from then president, Andrew Jackson, this underscored the extremity of distinction in economic interest which had…
APVA. (1997). History of Jamestown. The Association for Preservation of Virginia Antiquities. Ret. Online at http://www.apva.org/history/.
Morrison, Michael. (1997). Slavery and the American West: The Eclipse of Manifest Destiny and the Coming of the Civil War. Chapel Hill: University of North Carolina Press.
Rosenberg, Daniel. (2005). Calculating the Value of the Union: Slavery, Property Rights and the Economic Origins of the Civil War. The Historian, Vol. 67.
Woodworth, Steven E. (2000). Cultures in Conflict: The American Civil War. Westport, CT: Greenwood Press.
In this vein, the EU judges in Strasbourg will be much more likely to respect guidelines that are set out in UK
courts and legislation. The European Court would, with the introduction of a British
Bill of Rights likely give greater leeway to British judges. The repealing of the Human Rights of 18 would limit the influence of British judges over the interpretation of pertinent legislation by enshrining the central features of the Act that reflect the English common law. At the very least, if
British judges feel that acts of Parliament are wholly incompatible with the European
Convention or with EU law.
To be effective as a complete solution to the problems which we have identified above a British Bill of Rights also would need to be accompanied by reforms which reinstate the British
Parliament's role as the sovereign authority over the whole legislative process. This would not be…
9 Merris Amos, 'Problems with the Human Rights Act 1998 and How to Remedy Them: Is a Bill of Rights the Answer
', The Modern Law Review, 2009, Volume 72, Issue 6, 883.
10 Daniel Martin, 'Now Even Europe's Human Rights Chief Admits British Bill of Rights is the Right Thing to Do', (Daily Mail, 27th October 2011), http://www.dailymail.co.uk/news/article-2054403/Now-Europes-human-rights-chief-admits-British-Bill-Rights-right-thing-do.html ..
forum #4: Civil liberties/Civil rights
One recent famous 't-shirt' case involving the civil liberties of a defendant was Guiles v. Marineau, in which a middle-schooler who wore a t-shirt openly critical of President George Bush was suspended from school for being disruptive. Zachary Guiles "was later allowed back in school, but he was told that he couldn't wear the T-shirt unless he taped over certain pictures on the T-shirt -- pictures of a martini glass, lines of cocaine, straws, and razor blades. The pictures were references to substance abuse problems President Bush is said to have had as a younger man. These problems were also described in words on the T-shirt" ("Student Free Speech Rights: Guiles v. Marineau: Issues). Although the Supreme Court ultimately declined to hear the case, the Second Circuit judges where the case was decided "determined that for speech that isn't vulgar…Schools may not regulate such student…
Elliott, Justin. "Remember when the Patriot Act was all about library records." Pro-Publica.
17 Jun 2013. 27 Apr 2014. http://www.propublica.org/article/remember-when-the-patriot-act-debate-was-about-library-records
"Student Free Speech Rights: Guiles v. Marineau: Issues." ACLU. 27 Apr 2014.