When school first started this year, we had a non-custodial parent pick up her child from the school campus without permission. Although the child was living with the father, the mother had left the family and was living in another state. There was no custody agreement, so technically she had every right to take her own child.
I was not on duty that morning, but those teachers present were taken off guard. They took appropriate action by notifying the principal who, in turn, called the local police and sheriff's office. The father was contacted by cell phone, but the police were unable to reach the mother and child until they were out of the state.
The staff had talked about this type of incident taking place, but was not prepared for its eventuality. However, the positive side was that the principal conducted more intense training about what to do if this…...
Australian Constitution
The Creation of Federal Laws in Australia
The Commonwealth of Australia was created with the 1901 unification of six recently independent British colonies. All were solidified under the authorship of a Constitution that same year which predicated the form of government and the legal orientation of the new nation. (AG, p. 1) In doing so, it also vested the power to create federal laws in Australian Parliament and, in one sense, gave it exclusive authority to do so. And in this sense, one might render the interpretation that "one advantage Australia has is that it has a written constitution which gives nearly all the power to make laws for Australia to the Commonwealth Parliament." However, a more complete understanding of the structure of Australian law suggests that this is a great understatement and one which does not make full accounting for the roles played either by the states that are…...
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Works Cited:
Australian Government (AG). (2011). Our Government. Australia.gov.au.
Department of Foreign Affairs and Trade (DFAT). (2011). Legal System. DFAT.gov.au.
Government of South Australia (GSA). (2011). Understanding Legislation. South Australian Legislation.
Logistics Management
Because the Constitution provides Congress with the authorization to govern interstate commerce, most of the important transportation laws are at the federal level, in particular for a retailer seeking to move goods from port through their logistics system to their retail outlets (HG.org, 2016). There are two major modes of transportation for moving retail goods in this way -- railroad and highways. The latter is governed by the Federal Motor Carrier Safety Administration.
Among of the codes that governs the movement of goods is Part 395, Hours of Service of Drivers. This law is relevant to many retailers, in light of particular incidents where drivers have worked extended hours, and in the process of doing so reduced their competency, leading to accidents and death. Studies of sleep deprivation in long-haul truck drivers found that many drivers in the business average less than five hours of a sleep per night, and…...
Mitler, M., Miller, J, Lipsitz, J., Walsh, J., & Wylie, C. (1997). The sleep of long-haul drivers. New England Journal of Medicine. Vol. 337 (11) 755-761.
Human Resources: Employment Laws and Employee Rewards
Law dictates some basic elements of business relationships and wages are no exception. Employers must adhere to certain minimum requirements, particularly if they wish to do business with the federal government. These laws both help and hinder a company's ability to attract, motivate and keep employees.
How Laws Affect ages (Specific private sector examples)
Laws govern some parameters of some basic elements in the employer-employee relationship and one of those basic elements is compensation. Perhaps the most obvious example is the minimum wage of at least $7.25 and the overtime pay of 1 1/2 times the employee's normal hourly rate for every hour above 40 hours per week (except for exempt employees), both mandated by the Fair Labor Standards Act (FLSA) (Business & Legal Resources, 2014). Furthermore, some states require an even higher minimum wage be paid (Business & Legal Resources, 2014). Huge corporations like McDonald's,…...
Citizen Convicted in Iraq and held by MNF-I
By filing a petition for a Writ of Habeas Corpus in U.S. federal court, the detainee is challenging the government's right to detain her, forcing the government to produce her and produce the reasons she is being detained. The issues for the petitioner under the Military Commissions Act of 2006 might be whether her detention violates the U.S. Constitution or an outright challenge to the conviction. The issues for the government will include whether the court has jurisdiction to decide the habeas corpus petition because this citizen was convicted in a foreign country by one of the foreign country's courts and whether a U.S. court has the right to review the foreign court's decision. Since the crime is simple kidnapping, national safety/security is not an issue. The U.S. Constitution protects the right of habeas corpus except when public safety requires its suspension…...
Sources of Law under the American Jurisprudence SystemDo this, don\\\'t do that, can\\\'t you read the sign? Five Man Electrical Band, 1970IntroductionThe American jurisprudence system is comprised of a vast network of federal, state and local entities which create, administer and adjudicate tens of thousands of laws, regulations and statutes. Notwithstanding the Bill of ights and the Fourteenth Amendment, and the Tenth Amendments constitutional guarantee that, The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the people, most Americans recognize that scarcely any aspect of daily life in the United States today is not covered, at least in part, by some type of federal or state law as reflected in the epigraph above. Against this backdrop, it is important to understand where all of these laws come from and why they continue to proliferate in the…...
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ReferencesBlack’s Law Dictionary. (2008). St. Paul, MN: West Publishing Company.Cali, J. (2013, March 12). How many federal laws are there? Law Librarians of Congress. Retrieved from W. C., Jr. (2017, August 15). How Many Rules and Regulations Do Federal Agencies Issue? Forbes. Retrieved from https://www.forbes.com/sites/waynecrews/2017/08/15/ how-many-rules-and-regulations-do-federal-agencies-issue/?sh=7f163bd81e64.Defining a hate crime. (2022). Federal Bureau of Investigation. Retrieved from https:// www.fbi.gov/investigate/civil-rights/hate-crimes.Dow, D. M. (2012). The Unambiguous Supremacy Clause. Boston College Law Review, 53(3), 1009–1044.Federal laws and statutes. (2022). The United States Department of Justice. Retrieved from https://www.justice.gov/hatecrimes/laws-and-policies .Sources of law. (2022). University of California Hastings Law Library. Retrieved from https://libguides.uchastings.edu/academic-success/sourcesoflaw#.https://blogs.loc.gov/law/2013/03/frequent-reference-question-how-many-federal-laws-are-there/ .Crews,
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 Act…...
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 followed…...
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BIBLIOGRAPHY
Brown, S. (2011). Federal hospitals. American Hospital Association. Retrieved on May
Mahon, M. And Pryor C. (2003). Government regulations contribute to medical debt of uninsured and underinsured. The Commonwealth Fund. Retrieved on May 29, 2011
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 government…...
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References
Editors. (2005). Employment law guide. Retrieved from the DOL.gov Web site: www.dol.gov/compliance/guide/index.htm10 June 2006.
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 the…...
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References
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
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 can provide an…...
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References
Schulze, E., and Patterson, S. (2005). Introduction to the American legal system, 8th ed. Upper
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. illiam A. Fletcher and James E. Pfander wrote a book, Gilbert Law Summaries on Federal Courts, which provides an outline of the federal court system in the U.S. The book provides an outline of Article III courts, the requirement of case or controversy, advisory opinions, and justiciability. In addition, Fletcher & Pfander discuss congressional power over federal court jurisdiction, the jurisdiction of district courts, Supreme Court jurisdiction, and ancillary jurisdiction. Through this outline, the authors also discuss the law applied in federal courts. This paper provides an overview of the federal court system in the United States based on the book by Fletcher and Pfander.History of the Federal Court SystemFletcher &…...
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Works CitedBendor, Ariel L. “Are There Any Limits to Justiciability? The Jurisprudential and Constitutional Controversy in Light of the Israeli and American Experience.” Indiana International & Comparative Law Review, vol. 7, no. 2, 1997, pp. 311–378., Cole , Jared P. “The Political Question Doctrine: Justiciability and the Separation of Powers.” Congressional Research Service, Congressional Research Service, 23 Dec. 2014, https://sgp.fas.org/crs/misc/R43834.pdf . Fletcher, William A. “Congressional Power over the Jurisdiction of Federal Courts: The Meaning of the Word ‘All’ in Article III .” Duke Law Journal, vol. 59, 2010, pp. 929–954. Fletcher, William A., and James E. Pfander. Gilbert Law Summaries on Federal Courts. 5th ed., West Academic Publishing, 2014. Hessick, F. Andrew. “Cases, Controversies, and Diversity.” Northwestern University Law Review, vol. 109, no. 1, 2015, pp. 57–108. Snepp, Frank W. “The Law Applied in the Federal Courts.” Law and Contemporary Problems, vol. 13, no. 1, 1948, pp. 165–181. Thomson Reuters. “Annotation 21 - Article III.” Findlaw for Legal Professionals, Findlaw, 2022, https://constitution.findlaw.com/article3/annotation21.html . https://doi.org/10.18060/17696.
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 law includes discrimination…...
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Works Cited
AgeRights.com. (2000). Reeves v. Sanders Plumbing Products, Inc. Retrieved May 30, 2014,
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,
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 to facilitate efficient…...
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References
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.
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 claims, in…...
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BIBLIOGRAPHY
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
The legalization of marijuana in certain states has had a significant impact on drug policy in the United States.
One major impact is that it has forced a reevaluation of drug laws and policies at the federal level. Marijuana remains illegal at the federal level, but the growing number of states legalizing it for medicinal and recreational use has created tension between state and federal laws. This has prompted discussions on the need for federal reform of drug laws and policies to address the inconsistencies between state and federal laws.
Additionally, the legalization of marijuana in certain states has led to....
1. Lack of central authority The Articles of Confederation created a weak central government that had limited power to enforce laws or regulate commerce. This lack of central authority led to disputes between states, an inability to effectively deal with national issues, and a lack of cohesion among the states. 2. Inability to raise revenue The Articles of Confederation did not give the central government the power to impose taxes or regulate trade. This meant that the government could not raise funds to pay off its debts or finance its operations, leading to financial instability and an inability to address....
1. The transition from the Articles of Confederation to the U.S Constitution resulted in a significant shift of power from the states to the federal government.
2. The U.S Constitution centralized power by creating a stronger national government with the ability to enforce laws and regulate commerce, unlike the decentralized system under the Articles of Confederation.
3. The creation of a system of checks and balances in the U.S Constitution allowed for the distribution of power among the executive, legislative, and judicial branches, ensuring no single branch could dominate the others.
4. The transition to the U.S Constitution increased the....
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