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Marijuana as a Medical Option
In my opinion, a federal rule that bars doctors from easing severely-ill patients' pain through marijuana administration/prescription is an appalling, unwise, and heavy-handed one. Federal lawmakers must revoke their ban on marijuana for clinical application, in case of acutely ailing individuals, and leave it to doctors to decide whom to administer/prescribe this drug to. The government ought to alter marijuana's current schedule 1 (potentially addictive without existing medical utility) status, to schedule 2 status (possibly addictive but having accepted clinical utility) and correspondingly regulate it (Should marijuana be a medical option?).
Medical cannabis has effectively relieved pain among a number of individuals suffering from chronic ailments. Medical science researchers have only now established the scientific effectiveness of this ancient cure. Several thousand ailing individuals have substituted non-threatening, nontoxic cannabis for disabling psychotropic drugs such as narcotics. A tremendous amount of anecdotal proof has surfaced: people…
Discrimination in Employment
Title VII of the Civil ights Act of 1964 specifically prohibits discrimination in the workplace based upon a candidate's "race, color, religion, sex, or national origin" (Title VII, 1964). The act also makes it illegal to refuse to hire employees based upon membership in these specific, protected categories (Title VII, 1964). It is also illegal to refuse to promote individuals based upon membership in such categories (Title VII, 1964). The Pregnancy Discrimination Act of 1978 provides further protections for women by making it illegal to discriminate against an employee due to pregnancy or the potential to become pregnant (PDA, 1978). The Equal Pay Act of 1963 makes it illegal to pay men and women different wages for the same types of categories of work solely on the basis of gender (EPA, 1963).
Further protections for specific groups include the Age Discrimination in Employment Act of 1967, which…
Age Discrimination in Employment Act of 1967. EEOC. Retrieved from:
Americans with Disabilities Act of 1990. EEOC. Retrieved from:
Federal Tort Claims Act
Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with the government and resorting to the court system to help resolve those disputes could have resulted in a tremendous waste of time and energy. However, the situation left people with no solution when they were harmed by a person acting for the government, even if the action had nothing or little to do with the government's sovereignty. For example, under strict sovereign immunity, a person is unable to recover harms for routine torts such as slip-and-falls. Perhaps even more worrisome was the fact that, under strict sovereign immunity, people were unable to recover for intentional harms and torts inflicted by the government or government agencies, even when those harms violated federal laws. The Federal Tort Claims…
Chang, A. (2010, March 27). High court rules U.S. government can be sued over actions of prison guards. Retrieved April 4, 2013 from the National Public Radio website: http://www.npr.org/blogs/thetwo-way/2013/03/27/175494286/high-court-rules-u-s-government-can-be-sued-over-actions-of-prison-guards
Federal Tort Claims Act, 28 U.S.C.S § 2680 (2006).
Fuller, D. (2011). Intentional torts and other exceptions to the Federal Tort Claims Act.
University of St. Thomas Law Journal, 8(3), 375-397.
Federal and State Legislation
Domestic Violence Legislation at the Federal and State Level
Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform…
Eulich, W. (2013, February 13). In U.S., big strides in reducing domestic violence. Christian Science Monitor. p. N.PAG.
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism
There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the purpose of preventing future recidivism. The authorities considered that the uncomfortable nature of prison life and the social status associated with being in prison were enough to persuade criminals to refrain from ever expressing interest in illegalities once they were set free. Other schools of thought appear to think just the opposite as some believe that prison time actually has a negative impact on convicts, while others believe that criminals experience little to no change consequent to staying in…
Goldberg, Raymond, "Drugs Across the Spectrum, 7th ed.," (Cengage Learning, 5 Oct 2012)
Kitwana, Bakari, "The Hip-Hop Generation: Young Blacks and the Crisis in African-American Culture," (Basic Civitas Books, 2008)
Lyman, Michael D., "Drugs in Society: Causes, Concepts, and Control," (Newnes, 25 Sep 2013)
Federal eserve Bank
Financial services as an industry has progressed to become one of the widely transforming sectors of the global economy, having significant changes in information transference and processing, innovation in terms of commodities and processes, and rapid competition among the financial institutions -- among themselves and also among their several customers. The industry and its part in the transformations in the economy show that the supervising and regulatory structure also needs to be reevaluated periodically. The aim of bank regulation is mostly the same -- to attain maximum static and dynamic efficiency levels in the midst of a politically and economically permissible framework which is stable and equal. However the profits are always associated with a cost by means of stability and equity. A more stable and equal financial system usually need sacrifices with regard to efficiency. (Saunders, p. 3)
A properly functioning, effective banking system is necessary…
Federal Reserve System. Encyclopedia Article. http://encarta.msn.com/encyclopedia_761574452/Federal_Reserve_System.html Accessed on 7 May, 2005
FR 2644- Weekly Report of Selected Assets. http://www.chicagofed.org/banking_information/financial_institute_reports_fr2644_instructions_and_worksheets.cfm Accessed on 7 May, 2005
FR 2900 Commercial Banks -- the Federal Reserve Board. http://www.federalreserve.gov /boarddocs/reportforms/ReportDetail.cfm?WhichFormId=FR_2900cb& WhichCategory=4 Accessed on 7 May, 2005
Garbade, Kenneth D. Recent Innovations in Treasury Cash Management. Federal Reserve Bank of New York. Current Issues in Economics and Finance. Vol: 10; No; 11; pp: 2-11.
PPSPA bills would have enabled federal regulation to perform this more efficiently than present regulation efforts exerted by the States and the Accreditation Council for Graduate Medical Education or ACGME. Restrictions to the ACGME self-regulation will be a problem only it they already exist. The problem is really that Congress is reluctant to pass laws to federally mandate these restrictions. Opponents to these restrictions teem the political milieu at Washington DC. Federal regulation of resident work hours should nonetheless remain in the major agenda for Congress, especially if and when ACGME regulatory efforts turn futile and ineffective (Lee).
Into Medical Debt
Adverse consequences have followed the lack of definite government regulation of federal hospitals. A new report from The Commonwealth Fund said that some patients incur unimaginable medical bills and go into long-term debts as a result of unclear federal laws and regulations (Mahon & Pryor, 2003). Whatever rules are…
Brown, S. (2011). Federal hospitals. American Hospital Association. Retrieved on May
29, 2011 from http://www.aha.org/aha/member-center/constituency-sections/Federal-Systems/fed-index.html
Lee, C.J. (2006). Federal regulation of hospital resident work hours: enforcement with real teeth. Journal of Health Care Review Policy: University of Maryland. Retrieved on May 29, 2011 from http://digitalcommons.law.umaryland.edu/cgi/viewcontent.dgi?article=1001&content=student_pubs&sci_redi=1#search= "federal+hospitals+regulations"
Mahon, M. And Pryor C. (2003). Government regulations contribute to medical debt of uninsured and underinsured. The Commonwealth Fund. Retrieved on May 29, 2011
S.B. 1070, ACA, AND FEDEAL PEEMPTION
1070, the ACA, and Federal Preemption
S.B. 1070, the ACA, and Federal Preemption
The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the states. In James Madison's words, a Federalist, the "… powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." (p. 166). The Tenth Amendment therefore allows states to retain their freedom, sovereignty, and right to self-determination, as long as it does not conflict with the powers conferred to the federal government by the Constitution.
Madison, however, never viewed the…
Arizona et al. v. United States, 567 U.S. ____ (2012).
Lash, Kurt T. (2006). James Madison's celebrated report of 1800: The Transformation of the Tenth Amendment. George Washington Law Review, 74, 165-200.
LII (Legal Information Institute). (2010a). Supremacy Clause. Legal Information Institute, Cornell University Law School. Retrieved 13 Oct. 2013 from http://www.law.cornell.edu/wex/supremacy_clause .
LII (Legal Information Institute). (2010b). Preemption. Legal Information Institute, Cornell University Law School. Retrieved 13 Oct. 2013 from http://www.law.cornell.edu/wex/Preemption .
Thus, striking workers are protected from losing their jobs to "scabs," workers who cross picket lines to work without a union contract or representation. It is interesting to note that federal law does not protect union workers this closely, and neither do many other states.
Another interesting New Hampshire law is the Crime Victim Employment Leave Act, which just took effect on January 1, 2006. The law stipulates that employers must allow employees who are victims of crimes time off work to attend court proceedings and other legal or investigative proceedings. However, the employer does not need to pay the employee for this time off. Employers cannot discriminate or fire employees who ask to use this provision, and employees cannot lose their seniority while they are absent from work. This is an interesting law in that it addresses a concern for many employees that is not addressed by the federal…
Editors. (2005). Employment law guide. Retrieved from the DOL.gov Web site: www.dol.gov/compliance/guide/index.htm10 June 2006.
New Hampshire Legislature. (1965). Citizens job protection. Retrieved from the New Hampshire State Web site: http://www.gencourt.state.nh.us/rsa/html/XXIII/275-A/275-A-1.htm10 June 2006.
1997). Minimum hourly rate. Retrieved from the New Hampshire State Web site: http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-21.htm10 June 2006.
federal question refers to the idea that a case involves federal issues, and thus triggers federal jurisdiction. Federal questions include cases involving the U.S. Constitution, acts of Congress and other federal laws, and treaties. Other issues may also trigger federal jurisdiction, such as when litigants are in two different states, or when a litigant has filed suit against a state.
What is diversity jurisdiction?
Diversity jurisdiction refers to federal court jurisdiction based on the fact that the opposing parties come from different states. The amount in controversy must be $75,000 or more, and there are some exceptions to diversity jurisdiction.
What is standing?
Standing means that a party is sufficiently connected to and harmed by an action to file a lawsuit challenging that action. Standing requires that the party be injured, that the injury was causally connected to the action at the subject of the suit, and that the court…
Schulze, E., and Patterson, S. (2005). Introduction to the American legal system, 8th ed. Upper
Saddle River, NJ: Pearson Prentice Hall.
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…
federal government has expanded through the years to develop stronger political, social, and economic structures. Social and economic issues brought about by the social issues in years prior to the Civil War and the legislation in years after the Civil War in an attempt to resolve the issues expanded the authority of the federal government. The black race was enslaved in the South, but free in the North. The role of the federal government became stronger to influence the political, social, and economic issues in an effort to build freedom and a stronger economy.
Impressment was the legislated policy to seize food, fuel, slaves, and the other commodities for armies during the Civil War. The tax-in-kind law, passed a month later, allowed the government to impress crops from farmers at a negotiated price. (DeCredico, 2011) ecause of insufficient enforcement, prices below market value, and abuse of labor, citizens hoarded goods…
Congress, M.A. (2004). Civil Rights Act of 1875. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3407400042.html
DeCredico, M. (2011, Dec 3). Confederate Impressment During the Civil War. Retrieved from Encyclopedia Virginia: http://www.encyclopediavirginia.org/Confederate_Impressment_During_the_Civil_War
Law, W.E. (2005). Fourteenth Amendment. Retrieved from Encyclopedia.com: http;//www.encyclopedia.com/topic/Fourteenth_Amendment.aspx
States, T.O. (2005). Fifteenth Amendment. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-FifteenthAmendment.html
It is essential for the population to become aware of the dangers brought by owning and using firearms and contribute to policies that can better regulate this aspect. It is not about taking away a constitutional freedom; it is about creating a safe environment for every citizen.
Barth, T. (2013, January 10). A gun culture in America?. etrieved February 12, 2013, from StarNewsOnline.http://www.starnewsonline.com/article/20130110/ATICLES/130119958/-1/editorial?p=2&tc=pg&tc=ar.
Bill of ights. (n.d.). etrieved February 12, 2013, from the Charter of Freedom: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html.
Council of Foreign elations. (2012, December 21). U.S. Gun Policy: Global Comparisons . etrieved February 11, 2013, from PBS NewsHour: http://www.pbs.org/newshour/rundown/2012/12/gun-policy.html.
Gilovich, T., Nisbett, ., & Keltner, D. (2006). Social Psychology. USA: W.W. Norton & Company, Inc.
Hofstadter, . (2013). America as a Gun Culture. Gun Control Now USA [web log]. etrieved February 12, 2013 from https://guncontrolnowusa.wordpress.com/2013/01/26/america-as-a-gun-culture-by-richard-hofstadter/.
Lenz, M. (2004). Guns, Gun Culture, and the oots o the Second Amendment. Cologne: University…
Barth, T. (2013, January 10). A gun culture in America?. Retrieved February 12, 2013, from StarNewsOnline. http://www.starnewsonline.com/article/20130110/ARTICLES/130119958/-1/editorial?p=2&tc=pg &tc=ar' target='_blank' REL='NOFOLLOW'>
laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.
Employment and Discrimination
There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…
Bagnestos, S. (2013). Employment law and social equity. Michigan Law Review. Vol. 112 (2013) 225-273.
Brill, E., Fant, L. & Baddish, N. (2013) 2012-2013 U.S. Supreme Court wrap-up: Hot topics in labor and employment law. Employee Relations Law Journal. In possession of the author.
EEOC. (2013). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from http://www.eeoc.gov /laws/statutes/titlevii.cfm' target='_blank' REL='NOFOLLOW'>
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…
Feldstein from Arizona. When the hospital was purchased by another company, they canceled the contract with Feldstein claiming that the actions that were taken were illegal. In the case, the court sided with Feldstein saying that a host of hospitals will use a variety of incentives to attract doctors. Under the Stark Law (which prohibits doctors and hospitals from making self referrals) they found that the health care facility did not violate any provision. (Stark Law 2010) However, the transaction was considered to be questionable, because of the unique arrangement that Feldstein and the hospital had about the referrals of patients. As a result, the decision would outline a number of different principals including: illegal activity arguments can be made by either party, recruiting arrangements based on referrals are in violation of federal law, hospitals need to carefully scrutinize recruiting agreements and they should develop strategies to protect themselves against…
Anti-Kickback Statute, 2011, Health Lawyers. Available from: [25 January 2011].
Federal Anti-Kick Back Laws and Safe Harbors, 1999, HHS. Available from:
In high school students must pass regents examines before they are able to graduate.
If a Title I school does not show annual progress for two consecutive years, that school will be identified as a "needs improvement school." The district is mandates bylaw to take whatever actions are needed to correct the situation by the following year.
The NCLB laws place reading at the top of the priority list in academic subjects.
North Carolina schools comply with all federal and state laws with regard to its school system.
The schools are funded by federal, state and county taxes which are earmarked not only for education but for specific segments of the public school system.
Legislators in North Carolina have to walk a line between making sure mandates are being met while at the same time being sure they are properly educating the children in their districts.
Often times the two…
It is the pursuit of happiness that the Constitution guarantees with respect to a person's right to pursue a free life. The words are written this way (Von Eckardt, Ursula M., 1959, p. 2):
e hold these truths to be self-evident, that all men are created equal, that they are empowered by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of happiness."
These words should dissuade the most adamant lawmaker from proposing, or creating a federal law that would ban same-sex unions. Likewise, those seeking same-sex unions should look long and hard at the legalities involved in what they are seeking. "One way to destroy the spirit of anything is to sanctify that thing. Sanctify the code, the institution, the constitution, or the doctrine, and it is thereby arrested. It becomes unchangeable, incapable of development, resistant to new influences, rigid (Maclver, R.M., 1955,…
Stewart, James Brewer, ed. The Constitution, the Law, and Freedom of Expression, 1787-1987. Carbondale, IL: Southern Illinois University Press, 1987. Questia. 15 Oct. 2007 http://www.questia.com/PM.qst?a=o&d=105724725 .
Von Eckardt, Ursula M. The Pursuit of Happiness in the Democratic Creed: An Analysis of Political Ethics. New York: Praeger, 1959. Questia. 15 Oct. 2007 http://www.questia.com/PM.qst?a=o&d=9863747 .
branches within the law enforcement field. All these branches have a range of jurisdictions but have a common purpose of enforcing laws that have been passed by legislatures and the protection of the American citizens and those who live within the American borders. There are different law enforcement agents everywhere and they are interested in what one does, the particular agents present depend on ones location and what they are doing. This paper will look at three law enforcement branches; local, state and federal law enforcement. It will look at what thee three entail and how they differ in terms of jurisdiction and authority.
At the local enforcement agencies, the commonplace and frequently experienced law enforcement agency are municipal police officers. These police officers represent villages, towns and cities. A striking difference between these local officers and those found within state and federal level is that they offer the first…
Law Teacher. (2014). Local, State and Federal Law Enforcement. Retrieved September 10, 2014 from http://www.lawteacher.net/criminology/essays/local-state-and-federal-law-enforcement.php
Harkins, D. (2009). What are the Differences Between Federal, State and Local Law Enforcement. Retrieved September 10, 2014 from http://www.ehow.com/info_8251672_differences-state-local-law-enforcement.html
Undocumented Immigrants in Gainesville
The city of Gainesville has a population of about 54,000 and of these, approximately 3,200 are illegal aliens. The law enforcement community in this city is charged with protecting these undocumented aliens on the one hand and enforcing illegal immigrant laws on the other. To the extent that undocumented residents are afraid that the police will enforce the latter may be the extent to which they are discouraged from seeking help from the law enforcement community when they need it, exacerbating existing crime levels. Conversely, the extent to which law enforcement authorities fail to enforce illegal immigration laws may be the extent to which they are viewed as being malfeasant in the prosecution of their official duties. To determine the optimal course of action for law enforcement authorities faced with these conflicting priorities, this paper reviews the relevant literature including a discussion of so-called "sanctuary cities"…
Armajani, B. (2007, August). What transformational leaders do. Government Finance Review, 23(4), 79-83.
Bahn, S. (2013, April 1). Transformational leaders? The pivotal role that supervisors play in safety culture. International Journal of Training Research, 11(1), 17-21.
Bambale, A. & Jaafaru, S. F. (2012, May 1). Servant leadership as employee-organization approach for performance of employee citizenship behaviors in the Nigeria's electric power sector. Journal of Marketing and Management, 3(1), 1-5.
Berger, T. A (2014, Fall). Servant Leadership 2.0: A call for strong theory. Sociological Viewpoints, 30(1), 146-150.
(Constitution of Nevada, art. 16)
The amendments brought to both Constitutions add a higher level of democracy to their principles. However, taking the case of gun possessions for instance, the Nevada Constitution grants the right of citizens to poses arms for other purposes aside from self-defense. "Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes," (Constitution of Nevada, art. 1, sec. 11) whereas the Federal Constitution considers this right only for the militia. (United States Constitution, II Amendment)
Constitution of the State of Nevada. 2 October 2006 http://www.leg.state.nv.us/Const/NVConst.html#Art16
Mendelson, Wallace. The American Constitution and civil liberties
Homewood: Dorsey Press, 1981 Skousen, Cleon. The making of America: the substance and meaning of the Constitution / Washington: The National Center for Constitutional Studies
United States Constitution. 2 October 2006. http://www.law.cornell.edu/constitution/constitution.billofrights.html
Constitution of the State of Nevada. 2 October 2006 http://www.leg.state.nv.us/Const/NVConst.html#Art16
Mendelson, Wallace. The American Constitution and civil liberties
Homewood: Dorsey Press, 1981 Skousen, Cleon. The making of America: the substance and meaning of the Constitution / Washington: The National Center for Constitutional Studies
United States Constitution. 2 October 2006. http://www.law.cornell.edu/constitution/constitution.billofrights.html
Equal Employment Act
Federal laws have been passed in order to provide protection for American citizens from discrimination in a number of different instances. This paper will review the Age Discrimination in Employment Act of 1967, the Pregnancy Discrimination Act of 1978, and the Employee Polygraph Protection Act. This paper will also present legal cases in which all three of these laws have become involved in litigation, and will also include an example of a Human Relations policy for each, which reflects that there has been compliance in specific workplaces.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law, enacted in 1967, was designed to protect people over the age of 40 from being discriminated against based on their age. In short, it is against the law to discriminate against an individual due to his or her age, according to the U.S. Equal Employment Opportunity Commission (EEOC). This…
AgeRights.com. (2000). Reeves v. Sanders Plumbing Products, Inc. Retrieved May 30, 2014,
from http://www.agerights.com .
Bouboushian, R. (2013). Pregnancy Bias May Have Led to Firing From Target. Courthouse News Service. Retrieved May 30, 2014, from http://www.courthousenews.com .
Iredale, E.G., and Yoo, J. (2012). M.G., F.M., L.A., J.M., L.G., F.B., M.N., R.G., L.S., and E.R., individuals, v. Metropolitan Interpreters and Translators, Inc. Retrieved May 30,
AH&LA: ecent Lobbying Initiative
The American Hotel & Lodging Association (AH&LA) is a lobbying group which supports the interests of the hotel industry in congress as well as provides educational and professional resources for members. Networking is a critical aspect of surviving in hospitality and AH&LA offers numerous conferences throughout the year, during which its members can "exchange ideas, strategies, and contacts with industry leaders" as well as with one another ("Conventions and events," 2015). The AH&LA has supported a number of recent acts of legislation to protect the industry including the ADA Education and eform Act of 2015, H.. 3765.
According to the AH&LA, the ADA Education and eform Act of 2015, H.. 3765 addresses what it calls the "unseemly practice of 'drive-by' lawsuits ... by specifying clear, unambiguous rules for identifying and correcting ADA access violations before allowing litigation or a drawn-out settlement process" ("AH&LA applauds," 2015). The…
AH&LA applauds House introduction of legislation to strengthen the ADA, Stop 'drive-by'
lawsuits. (2015). AH&LA. Retrieved from: https://www.ahla.com/pressrelease.aspx?id=38348
Conventions and events. (2015). AH&LA. Retrieved from:
EEOC and Arrest and Conviction ecords, find and list the two ways these records might be used in a discriminatory manner.
One way that a person can be discriminated against is for an arrest rather than a conviction. An arrest is indeed at least a POSSIBLE indication that the person arrested did something wrong. However, using it as a factor in employment decisions is less than wise because an arrest and a conviction are not the same thing. Another way that they could be used in a discriminatory and improper manner is if they are used too early in the employment process. This is usually based on the state in question but it is indeed considered illegal in some jurisdictions. For example, it may be acceptable when making a final hiring decision but requiring people to reveal whether they are a felon when doing the printed application could be wrong.…
EEOC. (2015). EEOC Home Page. EEOC.gov. Retrieved 13 November 2015, from http://eeoc.gov
Law Enforcement Partnerships: Terrorism
The tragic events of 9/11, which left thousands of people dead and hundreds more seriously injured, brought to light the high degree of disorganization in the nation's counterterrorism plan, and the ill-preparedness of our security forces in responding to large-scale disasters. All the same, the attack brought a new dimension to the sphere of American policing. Federal agencies are increasingly appreciating the immense role of local police in terrorism prevention and response. Experience has shown that terrorism does not always have to be a large-scale attack as that witnessed on 9/11; sometimes what appears to be a bomb threat, a local homicide situation, or a gas explosion may actually be instigated by domestic terrorists, and as it turns out, the first responders in such low-magnitude incidents are most assuredly rescue and fire personnel and local police. Whereas the role of the former in both terrorist and…
Newman, G.R. & Clarge, R.V. (2008). Policing Terrorism: An Executive Guide. U.S. Department of Justice (DOJ). Retrieved 15 January 2015 from http://www.cops.usdoj.gov/Publications/e080828168-PolicingTerrorism.txt
San Francisco Bay Area RECP. (2008). RECP Law Enforcement and Coroner / Medical Examiner Subsidiary Plan. San Francisco Bay Area RECP. Retrieved 15 January 2015 from http://www.calema.ca.gov/RegionalOperations/Documents/Coastal%20Region/Plans/RECP/04_RECP_Law_Enforcement_Subsidiary_Plan.pdf.
US Army Combined Arms Center (2010). Terrorist Incidents. U.S. Army Combined Arms Center (CAC). Retrieved 15 January 2015 from http://usacac.army.mil/cac2/call/docs/11-07/app_f.asp
Federal Tort Claims Act
Federal Tort Claims
The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual can sue the federal government for personal damages, like loss of money and property, physical injury or any other such situation caused by federal organization and its employees, while working within the limits of employment. The person can file claims against the government and the expenditure must be repaid to him if falls under the liabilities of FTCA. The FTCA is authorized for the recovery of any financial damage caused by some misunderstanding or mistreatment of the rules and regulations set by federal government, since the act falls under negligence and intolerable behavior which can highly cost the other person. According to this act, "The United States shall be liable, respecting the provisions of this title relating to tort…
Cecchine, G. (2004). Triage for civil support: Using military medical assets to respond to terrorist attacks. Santa Monica, CA: National Defense Research Institute and RAND Health.
Cohen, H and Burrows, V. (December 11, 2007). Federal Tort Claims Act. CRS Report for Congress. Retrieved on 24/7/2012 from:
Matthews, D.E. Federal Tort Claims Act - The proper scope of the discretionary function exception. The American University Law Review, Volume 6. Retrieved on 24/7/2012 from: www.wcl.american.edu/journal/lawrev/06/matthews.pdf
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…
One of the important procedures involved in Federal taxation is the apprehension of those persons and firms and trusts and others who evade tax payment and thereby break the law. This means that these entities may either conceal facts and/or misrepresent them so that the result would be beneficial to them. Such individuals may under declare their income levels and the earnings and profits that they may have earned during the course of their jobs. They may even over declare the deductions so that any losses would be made up this way. These are all the methods of tax evasions generally used by dishonest individuals who wish to avoid paying taxes to the federal government. However, tax avoidance is another issue wherein individuals and firms exploit the entire tax regime so that they will gain the ultimate advantage.
This way, they break the legal laws that govern taxation…
'Criminal Tax Case Procedures" Retrieved from http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title6/4mtax.htm#6-4.010 Accessed on 18 November, 2004
"Grand Jury Proceedings" (May 6, 1998) Retrieved from http://www.usdoj.gov/ust/ustp_manual/vol5ch11.htm Accessed on 18 November, 2004
"Judicial Subpoenas" Retrieved from http://www.irs.gov/irm/part42/ch03s01.html#d0e28222 Accessed on 18 November, 2004
"Letters Rogatory" Retrieved from http://www.irs.gov/irm/part42/ch03s02.html Accessed on 18 November, 2004
Federal Grand Jury
The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial. This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it.
The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the…
Report by the Commission to Reform the Federal Grand Jury." (2000). Legislation: National Association of Criminal Defense Lawyers. Retrieved on June 18, 2004 at http://www.nacdl.org/public.nsf/freeform/grandjuryreform?opendocument
Brenner, Susan. (2003). "Federal Grand Juries." University of Dayton: School of Law Website. Retrieved on June 18, 2004 at http://www.udayton.edu/~grandjur/fedj/fedj.htm#Introduction
Unless a defendant waives his or her right to be indicted by a grand jury
Regular grand juries" spend more time considering evidence submitted by prosecutors, while "Special grand juries" spend more time investigating criminal activity
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…
Deon Christopher Carter v State of Maryland. (2003)
Federal and State Court Authority
The federal court system was founded by the United States Constitution and derives its authority from that document. The establishment of the federal court system is specifically derived from Article II which created the institution of the Supreme Court, the highest law in the land, and also permitted Congress to establish a system of lower courts. At present, there are 94 district level trial courts and 13 courts of appeal (“Court Role,” 2018). The state courts derive their power from the state constitutions directly, although state authority does not supersede that of federal authority. This was a major sticking-point between federalists and antifederalists and remained a point of contention during the early days of the republic.
State courts possess what is referred to as general jurisdiction, which means that all cases not within the scope of the federal courts are within the jurisdiction of the…
Federal Agency Ant-Drug Unit
I recently sat down to interview a federal agent with the Ministry of Interior to talk about why someone becomes a police officer and what they hope to accomplish with this status in society. My interviewee came from a family line of law enforcement officers, so it was something that came naturally to him. He explained the nature of his job, why he feels it is his duty, and how his work affects him.
"I have seen a lot in my tenure," he says, with a passive expression on his face. "In my experience, it's the role of the parents. They set the boundaries for their children. In order to ensure that our children distance themselves from anything that could affect their nature, parents must be very hands on with the raising of their children."
A veteran of ten years, coming from a family background of…
There are several kinds of contracts that are commonly used at the federal level, including fixed-price and cost-reimbursement contracts. In order to understand them more clearly, and in order to compare them with other contracts, it is important to discuss them thoroughly. Fixed-price contracts are exactly what their name implies. They are set up based on a fixed and agreed-upon price, and that price cannot be changed (Barnett, 2003). There are both benefits and drawbacks from the perspective of the contractor when it comes to this type of contract. The most significant benefit is that the contractor knows how much he or she will be paid when the job is completed. The drawback, of course, is that there is the possibility that the job will cost much more than the contractor anticipated. With that being the case, the contractor may find that he or she is not getting…
Barnett, R.E. (2003). Contracts. New York, NY: Aspen Publishers
McKendrick, E. (2005). Contract law - Text, cases and materials. New York, NY: Oxford University Press
Stanberry, S.A. (2008). Federal contracting made easy (3rd ed.). New York, NY: Management Concepts
Federal Government Tax
The main source of government income is taxes. The government taxes various organizations in the economy differently to ensure that adequate revenue is collected. Corporate use loopholes in the tax system to reduce the tax paid to the federal government. The government should eliminate these loopholes to improve tax collection. Some taxes such as gift and estate tax as they are counter productive. Changes made to the federal tax collection systems will increase the tax collected by increasing compliance.
esearch the most common tax loopholes used by corporations and partnership to avoid paying federal income tax. Discuss two (2) loopholes identified and what strategies you would recommend to the federal government for closing these loopholes.
The federal government gets most of its revenue from collection of tax used to fund most of the expenditure. The government should ensure that the tax collection avenues are free from loopholes…
Gans, J. (2011). Principles of economics. South Melbourne, Vic: Cengage Learning.
Ganghof, S. (2006). The politics of income taxation: A comparative analysis. Colchester: ECPR Press.
Conklin, D.W., St.-Hilaire, F., & Institute for Research on Public Policy. (1990). Provincial tax reforms: Options and opportunities. Halifax, N.S: Institute for Research on Public Policy = Institut de recherches politiques.
Pechman, J.A. (1987). Federal tax policy. Washington, D.C: Brookings Institution.
Federal and State Government
An Analysis of Powers in Federal and State Government
The debate over having a strong central government or strong state government in the early days of the epublic seemed to fall on the side of the states. But as the years have proven, the Constitution, which extended very specific powers to the U.S. government, has come to be interpreted in ways that would extend even more power to the central government than at first seemed possible or even permissible. This paper will show what powers are actually extended to the federal government (according to the Constitution), what powers are extended to the state governments, the power limitations of both, and the powers that overlap.
As Ellis Katz (1996) states, "The Constitution, as written and ratified, creates a system of dual federalism in which both the national government and the states are sovereign in their respective spheres…
Katz, E. (1996). United States of America. Retrieved from http://www.federalism.ch/files/categories/IntensivkursII/USAg2.pdf
McClellan, J. (2000). Liberty, Order, and Justice. IN: Liberty Fund.
U.S. Constitution. Retrieved from http://www.archives.gov/exhibits/charters/constitution_transcript.html
Federal, State, County Public Health esources
Comparison Paper: Federal, State, and County Public Health esources
Comparison Paper: Federal, State, County Public Health esources
Comparison Paper Federal, State, County Public Health esources
In most cases, public health serves everyone from everywhere. They work on things that affect everyone at large; things such as bird flu. Community health deals with health care professionals like nurses and doctors and is concerned with the needs of a certain community. In essence, they do not have any plan for the big picture. They do a resounding job because it is their area of specialization (Braun & Margolis, 2011). Public health deals with the health care of the whole state while community health is mostly concerned with the health professionals that are within a society. Public health endears to protect of everyone: community health protects only those who are within an identified society. In public health,…
Margolis, H. (2011). Elder Law Portfolio. Michigan: Aspen Publishers.
Health, D. (2010). International Handbook on Alcohol and Culture. Harvard: ABC-CLIO.
Braun, J. & Margolis, H. (2011). Elder Law Portfolio Series. New York: Aspen Publishers.
Federal Contracting Activities and Contract Types-
Dell Inc. was founded by Michael Dell who ventured into business as a freshman at the University of Texas in Austin. He realized that the branded models of computers were expensive and not many could afford them. He ventured into the business of buying the computer parts which he assembled in clones of IBM computers and sold to the consumers directly through the mail. The computer market was already dominated by the big players in the market but against the odds Dell faced competition and emerged the best brand sold through the direct-mail market. Customers recognized the brand through his aggressive marketing and the quality of his computer products that earned him a bigger market share compared to the other little known companies. It became incorporated in 1984 where it has been the world's leading seller of computer systems.
Dell offers a…
Advameg, (2012).Dell Inc.-Company Profile, Information, Business Description, History,
Background Information on Dell inc. Retrieved June 8, 2012 from http://www.referenceforbusiness.com/history2/68/Dell-Inc.html
Nick Wakeman, (2010). Dell Wins $120 Million outsourcing pact with DHS. Retrieved June 8,
2012 from http://washingtontechnology.com/articles/2010/04/14/dell-citizenship-contract-win.aspx
Laws and Wages
Legislation and Wages: An Intricate Dance, but Who's Leading?
Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…
Bernstein, D. (1993). The Davis-Bacon Act: Let's Bring Jim Crow to an End. Accessed 12 December 2012. http://www.cato.org/pubs/briefs/bp-017.html
Cornell. (2007). Lilly M. Ledbetter, Petitioner v The Goodyear Tire & Rubber Company. Accessed 12 December 2012. http://www.law.cornell.edu/supct/html/05-1074.ZD.html
US DOL. (2012). The McNamara-O'Hara Service Contract Act (SCA). Accessed 12 December 2012. http://www.dol.gov /compliance/laws/comp-sca.htm#.UMrWu3Pjmjc
US DOL. (2012a). Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA). Accessed 12 December 2012.
No implementation issues are anticipated once the appropriate legislation is promulgated.
The second suggested alternative strategy is to require that federal agencies conduct mandatory telework awareness training for all federal employees and offer specific telework training for all eligible employees who wish to participate. The criteria for this strategy are that it must: (1) publicize the change effectively internally; (2)
include all eligible employees; and (3) inform federal employees how to address any difficulties encountered in applying for telework opportunities. No implementation issues are anticipated once the appropriate legislation is promulgated.
The third suggested alternative strategy is to publicize the change effectively externally to increase federal recruitment. The criteria for this strategy are that it: (1)
effectively increase public awareness of the policy; (2) provide comprehensive information sufficient to achieve its objective; and (3) exploit multiple communications media. The only conceivable implementation issue with regard to this strategy is the…
Liverhant, C. (2009). Telephone interview conducted on April 13, 2009 with former U.S.
Department of Health and Human Services Office of Inspector General (Federal
Region II) Writer/Editor.
Losey, S. (2008). "Obama to Expand Benefits, Unionize TSA, Curb Outsourcing, Review
" (Structure of the Federal eserve System)
The 12 Federal eserve Banks extend banking service to the depository institutions and also to the federal government. To the financial institutions it takes the responsibility of maintaining reserve and clearing out accounts and entails various payment services incorporating checks, electronically transferring funds and circulating and receiving coins and currency notes. As the banker of the Federal Government they function as fiscal agents. They maintain the Treasury Department's transaction account; they pay treasury checks; enable to process electronic payments and issue transfer and redeem U.S. government securities. (eserve Bank Services)
The functions of Federal eserve start with the formulation of the Monetary Policy in accordance with the needs of the national economy. The Federal eserve System provides three basic tools for conducting the monetary policy such as open market operations, discount rate and reserve requirements. The Open Market Operations is used as the…
Federal Reserve Bank of Minneapolis: Historical Overview. Retrieved at http://minneapolisfed.org/info/mpls/history/overview.cfm . Accessed 11 November, 2005
Ferguson, Robert. W. The Evolution of Central Banking in the United States. Retrieved at http://www.federalreserve.gov /boarddocs/speeches/2005/20050427/default.htm. Accessed 11 November, 2005
Frequently asked Questions: Federal Reserve System. Retrieved at http://www.richmondfed.org/faqs/index.cfm?faq=Federal%20Reserve%20System . Accessed 11 November, 2005
How the Fed works. Retrieved at http://www.clevelandfed.org/about/threefrs.htm . Accessed 11 November, 2005
Despite increased student fees, the UC still encountered a $500 million shortfall or $2,500 per student. It has been undergoing severe pressure from the impact of the cuts. The quality of education at the U.S. has remained high, but there have been disturbing signs of erosion, nevertheless. The widening gap between the UC and the best private university has been alarming because the UC competes for the top teachers and students with these private universities. This widening gap should be a critical concern to the state and the federal governments because even excellent private universities are too small to meet California's or the nation's needs for a well-educated workforce in the future, to come up with innovations needed to fuel the economy and to generate jobs, and to introduce medical advances for the use and care of the sick and disabled. In the past decade, California's private research universities, Stanford,…
Clinton, P. (2002). The student aid conundrum. University Business: 4 pages.
Professional Media Group LLC
Darling, B.B. (2005). Hearing testimony. 5 pages. California Senate Subcommittee on Higher Education. Retrieved January 26, 2007 at http://www.ucop.edu/uersvp/speeches/Speier_Hearing_Nov_9_2005.pdf
Dervarics, C. (2006). Congress approves cuts to student loan programs. 1 page. Diverse Issues on Higher Education: Cox, Matthews and Associates
Federal Legislation and Impact to the eal Estate Market
Federal Legislation and Impact to the eal Estate
The Constitution was written to outline the limits of the federal government, to protect the people and to protect the people from government. The government is also obligated to ensure that all people have the opportunity to acquire property by ensuring the housing market is free from discriminatory and predatory practices. For these reasons I support federal government efforts to regulate the housing arena to ensure fairness, accessibility and equity in the market. I also support the federal government role in efforts to restore the market and to provide resources and assistance to help avoid foreclosure. For example, the Fair Housing Act was enacted in 1968 to "remove the walls of discrimination which enclose minority groups" to address the rampant issue of racial segregation in both public and private housing. I believe this…
Collins, Michelle. "Opening Doors to Fair Housing: Enforcing the Affirmatively Further Provision of the Fair Housing Act Through 42 U.S.C § 1983" Columbia Law Review Vol. 110:2135-2010: 2137-2183.
Washington, DC. Department of Treasury. Reforming America's Housing Finance Market: A Report to Congress. 2011.
S. growth will proceed at a crawl in 2008, which will provide little comfort for the dollar" and most certainly call for intervention again by the Fed. "In some fashion the dollar will continue to decline," according to Adnan Akant, a specialist in currency at Fischer Francis Trees & atts, money managers in New York City. For investors, Slater continues, having a weaker dollar offers choices; to wit, if you believe the decline has further to go before it bottoms out, buy stocks in currencies that are hot right now. If the dollar weakens, the returns from those stocks will be more valuable when they are converted back into dollars, Slater assures.
Baker, Gerald. (2007, November 25). Beauty deals a beastly blow to the U.S. Dollar. The Times. Johannesburg South Africa. Retrieved Nov. 24, 2007, at http://www.thetimes.co.za.
Federal Reserve System. (2007). Purposes & Functions. Retrieved Nov. 24, 2007,…
Baker, Gerald. (2007, November 25). Beauty deals a beastly blow to the U.S. Dollar. The Times. Johannesburg South Africa. Retrieved Nov. 24, 2007, at http://www.thetimes.co.za .
Federal Reserve System. (2007). Purposes & Functions. Retrieved Nov. 24, 2007, at http://www.federalreserve.gov /pf/pdf/pf_1.pdf.
Slater, Joanna. (2007, November 24.). Falling Dollar Takes Investors for a Ride. The Wall
Street Journal Sunday, p. D3.
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…
Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA
SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov
Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
Federal Funds Rate
The federal fund rate was part of the solution, comprised in the Federal Reserve Act of 1913, to centralize the banking system and gain public control of the money supply, inflation, and economic growth. The banking crisis of 1907 was a result of decentralized, unregulated banking that caused confusion with private bank notes being used as currency. There were occasional episodes of monetary mismanagement where the money supply was not appropriate to fulfill the needs of the economy. Too much money caused rapid inflation where too little money stunted economic growth by hindering production and the exchange of goods and services. There were no nationally consistent banking policies and no one entity had control to implement policies until the Federal Reserve Act of 1913 became a national law.
The Federal Reserve System was created with the Federal Reserve Act of 1913 with a oard of Governors to…
Amadeo, K. About.com U.S. Economy. 24 Jan 2012. Article. 14 Aug 2012.
Bankrate.com. How the federal funds rate affects finance. n.d. article. 15 Aug 2012.
Bofah, K. What Effect does the Fed Fund Rate Have on Stock Prices. n.d. Article. 15 Aug 2012.
Madrick, J. "Paul Volcker, Jimmy Carter, and Ronald Reagan." Madrick, J. Age of Greed. New York, NY: Alfred A. Knopf, 2011. 160-176. Book.
"ccording to a 2001 Department of Justice survey, 20% of students aged 12 through 18 reported that street gangs had been present at their school during the previous 6 months. More than a quarter (28%) of students in urban schools reported a street gang presence, and 18% of students in suburban schools and 13% in rural schools reported the presence of street gangs. Public schools reported a much higher percentage of gang presence than private schools." These gangs were often responsible for selling drugs in schools, and used the profits gained from the trafficking of drugs to garner new recruits, soliciting dealers from the student population with the promise of profits. The gangs thus begat violence, just as the users whom they sell their drugs to also begat violence in their attempts to get enough money to buy more drugs.
According to the annual Bureau of Justice Statistics (BJS) National Crime Victimization Survey (NCVS) cited by the Justice Information Center, there is a strong correlation between drug and alcohol abuse and violent crime. Data collected from male arrestees in 1998 in 35 cities showed that the percentage testing positive for any drug ranged from 42.5% in Anchorage, Alaska, (the lowest percentage) to 78.7% in Philadelphia, Pennsylvania (a rather staggeringly high percentage). ( http://www.whitehousedrugpolicy.gov/publications/factsht/crime/index.html ) Additionally, 27% of Federal prisoners admitted committing their offense to get money to buy drugs.
Gangs and drugs
Drug-related crimes are not merely the result of desperate actions of individuals in thrall to their addiction. Drug-related crimes also often have an organized source, and organized sources of drugs also are a source of violent crime. According to the FBI ( http://www.usdoj.gov/ndic/pubs11/13157/index.htm#relation ) one must look at the organized face of drug-related crime to gain a full picture of the negative impact drugs have on society. "According to a 2001 Department of Justice survey, 20% of students aged 12 through 18 reported that street gangs had been present at their school during the previous 6 months. More than a quarter (28%) of students in urban schools reported a street gang presence, and 18% of students in suburban schools and 13% in rural schools reported the presence of street gangs. Public schools reported a much higher percentage of gang presence than private schools." These gangs were often responsible for selling drugs in schools, and used the profits gained from the trafficking of drugs to garner new recruits, soliciting dealers from the student population with the promise of profits. The gangs thus begat violence, just as the users whom they sell their drugs to also begat violence in their attempts to get enough money to buy more drugs.
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…
45, for instance, where he argues that "the State governments may be regarded as constituent and essential parts of the federal government; whilst the latter is nowise essential to the operation or organization of the former. ithout the intervention of the State legislatures, the President of the United States cannot be elected at all." (Rossiter, 287) This is a position which suggests not only that the Federalists felt that significant power had already been entrusted to leaders at the state level, but also that this power is seen primarily as a function of the power of the federal government. Thus, we are given further confirmation that the Constitution was inherently a federal document.
In key segments of the debate such as that shown in the Anti-Federalist Paper No. 17, we can see that those who stood in opposition to the empowerment of federal authority derived from the Constitution were a…
Mansfield, Harvey C. Jr., (1979). Selected Writings Jefferson. Harlan Davidson Press.
Rossiter, Clinton. (1961). The Federalist Papers. Signet Classics.
Storing, Herbert J. (1985). The Anti-Federalist. The University of Chicago Press.
The Nation (TN). (2008). The Antifederalist Papers. This Nation.com.
Federal Communications Commission (FCC)
Communications have always been critical to humankind's existence and the absence of which means there would have never been the development and evolution of groups, organizations, societies and even nations. The reason being is there be no ways and means of passing messages, information, and knowledge amongst each other. Thus, humankind would have still been living in the Stone Ages without headways made in the development of communications. ut communications though did not remain stagnant and confined to oral and written ones. Throughout the centuries various improvements have made communications faster and more sophisticated especially with the contributions provided by scientific and technological discoveries and innovations. Fast forward to the 19th and 20th centuries and modern communications have been enabled via radio, telephone, and television. A further boom in communications innovations came with the advent of computers and the Internet where humankind is now living in…
Cannon, Robert. "The Legacy of the Federal Communications Commission's Computer Inquiries." Federal Communications Law Journal 55: 167-206. 05 Mar. 2003. 2000. 18 Jul. 2011. .
Federal Communications Commission (FCC). The FCC. 2011. 18 Jul. 2011. .
Messere, Fritz. Analysis of the Federal Communications Commission. 2002. 18 Jul. 2011. .
Net Industries. Communications Act of 1934 -- Evolution of the Act, Design of the Act, Major Amendments to the Act. 2011. 18 Jul. 2011. .
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…
Even if no actual money changed hands, anything inherited and then sold may have taxable value (Prendergast, 1982; Yin, 2002).
Cases such as Crane v. Commissioner (1947) and Commissioner v. Tufts (1983) reaffirm the concept that there are many different kinds of taxable gains and a large number of individuals fail to realize that anything they acquire must be accounted for (Bittker, 1978; Pino-Anderson, 1982). By addressing the different between recourse and nonrecourse debt, those who find themselves in inheritance situations attempt to avoid taxation on the property they acquire because there was debt owed on that property at the time it was bequeathed to them (Cunningham, 1984; Isaac & O'Leary, 2012). The belief is that the object that was inherited is worth only as much as (or appreciably less) than the debt that was owed on it, so there should not be any taxation of that object (Isaac &…
Barris, J. (2008) an expert system for appraisal by the method of comparison. PhD Thesis, UPC, Barcelona
Baum, a., Nunnigton, N., & Mackmin, D. (2011) the Income Approach to Property Valuation (6th Edition). Estates Gazette, London
Bittker, Boris I. (1978). "Tax Shelters, Nonrecourse Debt, and the Crane Case." Tax Law Review 33: 277.
Commissioner v. Tufts, 461 U.S. 300 (1983)
Federal Tax Current Event
The current epublican leadership race has seen Herman Cain as a front-runner for leadership of the epublican Party and thus, a potential presidential candidate for the 2012 election. One of the main components of his campaign is his proposal of a flat taxation plan for citizens of the United States, known as the "9-9-9" tax plan. This plan proposes to replace the current federal tax code with a flat taxation plan of 9% national sales tax, 9% personal income tax, and 9% corporate tax across the board for all Americans. In the article "Herman Cain's murky 9-9-9 tax plan," the author argues that this plan simply would not fiscally work out and that it would lead to an unfair distribution of the tax burden (Hitzlik, 2011).
Hitzlik argues that flat taxation plans such as the one proposed by Cain tend to not result with their positive…
Hiltzik, M. (October 18, 2011). Herman Cain's murky 9-9-9 tax plan. Los Angeles Times. Retrieved 12 November, 2011 from http://articles.latimes.com/print/2011/oct/18/business/la-fi-hiltzik .
Law Enforcement Communications
Interoperability of Emergency Service Communications
The number and scope of each individual emergency and public safety agency has resulted in an ad hoc patchwork of communication equipment. Routine daily needs within one agency for clear and concise communication fall short of readiness for large-scale emergencies involving either multiple services or jurisdictions. The current budgeting autonomy of each public service department has resulted in a many agencies with antiquated equipment, while others posses more modern tools, that may sufficiently serve current needs, yet is clearly inadequate for more common emergencies like large fires or traffic pile ups. However, interoperability, the capability to communicate across different gear, radio frequencies, and standardization, both limits and delays the response time, as well as effectiveness, of each individual. hen emergencies entail injuries and danger, timely command and communication of resources may be the difference between life and death.
The video, "hy Can't…
U.S. Dept. Of Justice. (n.d.). Why Can't We Talk? When Lives Are At Stake. Retrieved 26 Oct., 2012, from Google Videos Web site: http://video.google.com/videoplay?docid=-6455322945171664950&hl=en
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…
BOWERS v. HARDWICK, 478 U.S. 186 (1986). U.S. Supreme Court." Argued March 31, 1986. Decided June 30, 1986. FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search& ;court=U.S.&case=/us/478/186.html
GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965): U.S. Supreme Court." Argued March 29-30, 1965. Decided June 7, 1965 FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=381&invol=479
The right to be left alone
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…
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…
Boyd, David G. (1995). On the cutting edge: law enforcement technology. The FBI Law Enforcement Bulletin, 7/1/1995.
Dempsey, Tom, Department of Government and Public Affairs, & Newport News. (1997, November 1). Computer Communications Technology Facilitates Law Enforcement. Retrieved September 16, 2004, at http://www.iacptechnology.org/Library/ComputerTraining.htm
Division of Emergency Communications. (n.d.). Captain Linda Samuel. Retrieved September 16, 2004, at http://www.ci.richmond.va.us/department/police/Chief/pdxxs_DEC.asp
Richmond Police Department. (n.d.). Richmond Police Department. Retrieved September 16, 2004, at http://www.richmondgov.com/department/police/pdxxi_index.asp
Hot Pursuit Policy
The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.
1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…
Kenney, D.J. & McNamara, R.P. (1999). Police and policing: Contemporary issues. Westport,
Ramsey, K. (2006, October 4). Sheriff candidates talk costs, staffing. Daily Herald (Arlington
Heights, IL), 1.
Role of Law in Business and Society
The functions and roles of law when it comes to business and society are not always understood by the lay person, but those functions are extremely important. The functions related to law and to the application of law are the backbone of how society and economies actually work, and will be reviewed and critiqued in this paper.
The Functions and Role of Law in Business
The law as it applies to business refers to a "…code of conduct that defines the behavioral boundaries for business activity," according to a generalization found in the book, The Legal Environment of Business (Meiners, et al., 2006). Though "law" is a term that is seen as abstract in some contexts -- and though there is no precise definition of law that carries over to many cultures -- the noted former Supreme Court Justice Oliver endell Homes put…
Barnett, Larry D. (2011). The Place of Law: The Role and Limits of Law in Society. Piscataway,
NJ: Transaction Publishers.
Jennings, Marianne, M. (2010). Business: Its Legal, Ethical, and Global Environment.
Independence, KY: Cengage Learning.
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…
Berman, J., (1948). The challenge of soviet law. Harvard Law Review, 62(220), pp. 220-264.
Dobrin, S., (1956). Some questions of early soviet legal history. Soviet Studies, 7(4), pp. 353-372.
Kahn, J., (2008). Law and Legal System of the Russian Federation. Review of Central & East European Law, 33(2), 239-247.
Krygier, M. (1990)., Marxism and the rule of law: Reflections after the collapse of communism. Law & Social Inquiry, 15(4), pp. 633-663.
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…