1000 results for “Federal Legislation”.
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…
References
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.
Federal legislation requires students with disabilities to participate in state assessments, partly because such assessments are important components of educational accountability. These assessments are used to classify students according to their educational needs, provide information regarding the progress of students with disabilities, and identify the extent to which students are attaining state academic standards. The large majority of classified students are classified under the Individuals with Disabilities Education Act (IDEA). But classification is highly inconsistent, which should raise concerns about over-, under-, and misclassifying certain types of disabilities. Misclassification can result from failing to identify students with disabilities, from classifying students with disabilities they do not have, and from delaying classifying disabilities in students. Some of this inconsistency is accounted for by teachers and schools (McDonnell, McLaughlin, & Morison, 1997); however, when contrasting state classification data there are striking differences that indicate that state guidelines vary and lead to the…
References
Data Accountability Center (2009). Data Tables for OSEP State Reported Data, table 1-13, https://www.ideadata.org/arc_toc6.asp. May, 9, 2011.
Jimerson, S.R., Burns, M.K., & VanDerHeyden, AM. (2007). Response to intervention at school: The science and practice of assessment and intervention. In S.R. Jimerson, M.K. Burns, & A.M. VanDerHeyden, Handbook of Response to Intervention: The Science and Practice of Assessment and Intervention. New York: Springer.
Harry B. & Klinger, J.K. (2006). Why are so many minority students in special education?: Understanding race & disability in schools. New York: Teachers College Press.
McDonnell, L., McLaughlin, M., & Morison, P. (Eds.). (1997). Educating one and all:
FEMA & obert T. Stafford Act of 1988
Disaster relief has been an issue of significant focus for the federal government through the Federal Emergency Management Agency was not created until 1978. The significance of disaster relief for the federal government is evident in the creation of the earliest piece of federal legislation in 1803. The federal government created the Congressional Act of 1803 as its earliest legislative attempt to address disaster relief. Since the enactment of this first piece of legislation, the federal government has prioritized disaster relief and management since the country has been characterized by increased incidents of natural and man-made disasters. Some of these efforts undertaken by the federal government include the enactment of obert T. Stafford Act of 1988 and the establishment of the Federal Emergency Management Agency.
easons and Events that Lead to Creation of FEMA
The Federal Emergency Management Act was established in…
References
Bazan, E.B. (2005, September 16). Robert T. Stafford Disaster Relief and Emergency Assistance Act: Legal Requirements for Federal and State Roles in Declarations of an Emergency or a Major Disaster. Retrieved from U.S. Department of State -- Foreign Press Centers website: http://fpc.state.gov/documents/organization/53688.pdf
Emergency Management Institute. (n.d.). Chapter 1 -- Introduction to Crisis, Disaster, and Risk Management Concepts. Retrieved from Department of Homeland Security - Federal Emergency Management Agency website: https://training.fema.gov/hiedu/docs/chapter%201%20-%20intro%20to%20crisis,%20disaster%20and%20risk%20mgmt%20concepts.doc
Federal Emergency Management Agency. (2015, January 31). About the Agency. Retrieved from Department of Homeland Security - Federal Emergency Management Agency website: http://www.fema.gov/about-agency
McCarthy, F.X. (2011, June 7). Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding. Retrieved December 10, 2015, from https://www.fas.org/sgp/crs/homesec/RL33053.pdf
In his Virginia Resolution,
Madison maintains that in the aforementioned Alien and Sedition Acts,
Congress "exercises a power no where delegated to the federal government,"
however he does not have an argument against the federal government's power
to rule on the constitutionality of its own legislation (Virginia
Resolution). Furthermore, Madison maintains the state has power because
the states agreed to the Constitution, yet this overlooks the power that
the states vested in the federal government by the Constitution. In the
Kentucky Resolution Thomas Jefferson also opposes what he believes to be
abuses of power by the federal government. He believes the states have
banded as a commonwealth and not a federation, and thus the Kentucky
Resolution is his hopes that the "commonwealth does now enter against them,
its solemn protest" meaning that it protests against the power he and other
Republicans believe that Congress has used to overstep its designated…
Legislation
One of the challenges facing the process of legal drafting in legislation is diction and language. Plain language may be warranted in some situations, whereas jargon is often acceptable and occasionally necessary. All abbreviations need to be identified and used judiciously. Each piece of legislation should be drafted differently, with regard to the subject matter and audience. The challenge is in knowing the audience, and remembering the constraints of each country's legislative system. It should not be assumed that a purely judicial or legal audience is the recipient, as legislation entails a large number of stakeholders. Each piece of legislation should be considered differently, and yet there should always be consistency among the corpus of legislation drafted and regard for plain language.
Another challenge is that there are so many types of legislation, and so many types of drafting styles and formats. The cacophony of acceptable styles and systems…
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…
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
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…
Works cited:
Book:
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 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…
Reference List
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
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…
References
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
Federal eserve
The current state of the United States economy is not encouraging. Even though there has been false hope about it, the chances are that it will hardly last for long. The long-term trends that are negatively impacting the economy and financial system are showing no signs of reducing. As each day passes, the economic foundations of the country continue to crumble. The debt of the country has increased and the population is consuming more wealth than what is produced. In addition, unemployment and inflation levels are high coupled with slow economic growth, which remain the main features of the U.S. economy. The Federal eserve is the key to solving the current economic situation that is experienced in the U.S. This is because it is the central bank of the United States and the operations of every bank are monitored by the Federal eserve (Hafer, 2005). In 1913, the…
References
Axilrod, S. (2009). Inside the Fed: Monetary Policy and its Management, Martin through Greenspan to Bernanke, New York: MIT Press.
Hafer, R. (2005). The Federal Reserve System: An Encyclopedia, Westport: Greenwood Publishing Group.
Mankiw, G. (2011). Principles of Economics, New York: Cengage Learning
Meltzer, A. (2010). A history of the Federal Reserve, Volume 2, New York: University of Chicago Press.
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.
Basic Duties
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…
References
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
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…
Bibliography:
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. .
Gun Control Legislation
The availability of and access to firearms which is enshrined in the U.S. Constitution by the Second Amendment has created a multitude of consequences for modern Americans. The impacts of a loosely regulated gun market include the highest per capita rate of gun-related deaths in the world, major metropolitan areas like Detroit and Chicago struggling with unprecedented murder rates, and toddlers routinely finding their parent's weapons and dying after accidental discharge. Several longitudinal studies have demonstrated that the U.S. is by far the world's leader in both gun ownership and gun-related fatalities, and in fact, America's rate of 10.2 gun-related deaths per 100,000 citizens is more than double the rate of any other developed nation. The Congress has historically been averse to the passage of restrictive gun control legislation, as a powerful firearm lobby led by the National ifle Association has successfully kept the advances of gun…
References
Boodman, S.G. (2006, May 16). Gifted and tormented academic stars often bullied -- and more likely to suffer emotionally as a result. The Washington Post, p. F1. Retrieved from http://www.washingtonpost.com/wp - dyn/content/article/2006/05/15/AR2006051501103 .html
Cooper, A., & Smith, E.L.U.S. Department of Justice, Bureau of Justice Statistics. (2011).
Homicide trends in the United States, 1980-2008: Annual rates for 2009 and 2010 (NCJ-
236018). Retrieved from Government Printing Office website:
Domestic Violence Legislation
Federal and State Governments Fight Domestic Violence
Although numerous federal and state laws sanctioning domestic violence exist in the United States, the incidences of domestic violence remain substantial. The federal government has undoubtedly taken significant steps over the years to protect the victims of domestic violence through legislation. One such Act is the Violence Against Women Act (VAWA). The Act, at the time of its enactment in 1994, focused on providing funding to victims, services to victims, and training to judges and law enforcement officers. Still, as the number of domestic violence cases remained constant, the Act was re-enacted in 2000 and once again in 2006. The latest re-enactment extends services to domestic violence victims by addressing the issue of domestic violence related homelessness. The 2006 re-enactment guarantees that victims will not be evicted from government funded housing. Still, the VAWA has drawn criticism due to its…
References
Barton, A and Bartol, C. (2007). Criminal Behavior and Psychosocial Approach. Upper Saddle
River, New Jersey: Prentice Hall, Inc.
California Penal Code, section 273.5. Retrieved from: leginfo.ca.gov/cgi-
bin/calawquery?codesection=pen&codebody=&hits=20
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…
Bibliography
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
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…
References
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.
FCC & EEO
Federal Contract Compliance & EEO
Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus…
Hall, F.S. 1977. Gaining EEO Compliance with a Stable WorkForce. Personnel Journal. 56:454.
Landau, B.W. 2002. State Employees and Soverign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws. Harvard J. On Legis. 169(39).
Maltby, L. And Yamada, D. 1996. Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors. Boston College Law Review. 38(2).
Federal Reserve oard [...] history of the oard, and what its purpose is in the United States. The Federal Reserve oard is an integral part of the Federal Reserve System of the United States, and it creates and maintains much of the monitorial policy of the nation. The board members are responsible for the monetary health and security of the country, and so shoulder a huge responsibility to the country and to the people.
THE EARLY FED
The Federal Reserve oard is the governing element of the Federal Reserve System, which an act of Congress established on December 23, 1913. The board contains seven members, and is referred to as the "oard of Governors." The seven board members are:
Appointed by the President and confirmed by the Senate to serve 14-year terms of office. Members may serve only one full term, but a member who has been appointed to complete…
Bibliography
Author not Available. "The Structure of the Federal Reserve System." FederalReserve.gov. 8 July 2003. 25 Aug. 2003. http://www.federalreserve.gov/pubs/frseries/frseri.htm
Burns, Helen M. The American Banking Community and New Deal Banking Reforms, 1933-1935. Westport, CT: Greenwood Press, 1974.
Dymski, Gary A, Epstein, Gerald, and Pollin, Robert, eds. Transforming the U.S. Financial System: Equity and Efficiency for the 21st Century. Armonk, NY: M.E. Sharpe, 1993.
Editors. "Federal Reserve System." The Columbia Encyclopedia. 6th ed. 2000.
Employers responsibility in regards to the VAA
Violence against women can be defined as any act of sexually or non-sexually oriented violence that results or is possible to result in physical, sexual and psychological trauma, irrespective of the environment it occurs. Every act of violence diminishes and destroys women's basic human rights and freedoms. Her nature is that of a caring nurturer, while men's character typically includes the desire to go into the marketplace and compete to win at his career. The differences between men and women create the opportunity for women to be taken advantage of and/or suffer violence.
The reauthorization of the Violence Against omen Act (VAA) is a needed step toward protecting women in the workplace, and in society as a whole. Complete with over $3.3 billion over the next five years for VAA programs, the VAA authorizes:
875 million for shelter services for battered women;
200…
Works Cited
Nassar, Salwa. 2000. National center for policy research for women and families. Accessed 3 Sept 2003. Website: http://www.cpr4womenandfamilies.org/violencel.html .
Thomspon, Ericka P. 2003. New laws may help decrease domestic violence., Indianapolis Recorder, 6 June. A1.
Violence againse Women Act Passes. 2000. Now legal defense and education fund. Accessed 3 Sept 2003. Website: http://www.nowldef.org/html/issues/vio/vawapassed.shtml
Anti-Drug Legislation Matrix
CJA/305 Version
Complete te matrix by selecting tree states to add below Federal. Ten, answer eac question listed in te first row for eac corresponding law.
Is marijuana illegal?
Wat are te penalties for possession of cocaine?
Wat are te penalties for possession of eroin?
Wat are te penalties for possession of prescription drugs?
Wat is te blood alcool level for a driving wile intoxicated (DWI) or driving under te influence (DUI) crime?
Is tere extreme DWI or DUI? If so, wat is te punisment?
Federal
Up to a year (1st offense)
Up to a year (1st offense)
Up to 1-3 years in jail (depending on prior record)
(altoug tere's a pus to lower to 0.05)
No
Colorado
Yes
monts in prison and a fine
6-12 monts in prison and a fine
Depends on substance and prior record. 1-6 years in prison and up to $500k fine…
(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)
ibliography
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
Bibliography
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…
Works Cited
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,
Pending Legislation
The concept of providing basic healthcare services individuals in need has undergone an agonizing transition, from a luxury once only afforded by the affluent to a basic human right granted to citizens of every economic station, and the recently enacted Affordable Care Act (ACA) was designed to finalize this ethical evolution. eflecting perhaps the bitter political enmity currently consuming the nation's once cherished democratic process, epublican legislatures in states throughout the union have bristled at the ACA's primary provisions, threatening all manner of procedural protestation as they attempt to delay and derail the bill's eventual implementation. One of the most intriguing aspects of the sprawling, thousand page law, however, has been the stipulation that individual states will be given a choice to either accept federal funding to expand their statewide Medicaid roster, or to forfeit all federal funding for that program in perpetuity. This Faustian bargain of sorts…
References
Adimora, A.A. (2013, February 19). Medicaid expansion needed in north carolina for many reasons. The Charlotte Observer. Retrieved from http://www.charlotteobserver.com/2013/02/19/3865023/medicaid-expansion-needed-in- north.html
Dalesio, E.P. (2013, February 12). House panel rejects medicaid expansion in nc. Associated Press/WRAL. Retrieved from http://www.wral.com/house-panel-rejects-medicaid- expansion-in-nc/12099212/
Frank, J. (2013, February 14). N.C. bill leaves thousands with few health insurance options. The Miami Herald. Retrieved from http://www.miamiherald.com/2013/02/14/3234002/nc- bill-leavs-thousands-with-few.html
Jackson, D. (2012, March 12). Many southern republicans say obama is muslim. USA Today. Retrieved from http://content.usatoday.com/communities/theoval/post/2012/03/many - southern-gopers-say-obama-is-muslim/1
The National Defense Education Act was the outcome of a bill that was present before the Sputnik scare.
While the categorical aid as described in the 1958 and 1965 legislation allowed some room for negotiations on the state-church issue, it yet faced another problem due to the opposition that did not want a federal control over their states. This dragged the implementation process of the Elementary and Secondary Education Act. It was in the interest of the federal government to keep a check on how the funds that they allocated were being spent thus federal control was inevitable. The resistance however did not want any intervention and thus opposed any control and checks by the federal government.
There was a Public Law 94-142 passed in 1975 which was in favor for the education of handicapped children. The passing of this law experienced a slow but sure professional change in approach.…
References
The U.S. department of Education. "The Federal Role in Education" [online website] Available at http://www.ed.gov/about/overview/fed/role.html?src=ln [Accessed on 01/09/2005]
Laurence H. Tribe, American Constitutional Law (Minneola, NY: The Foundation Press, second edition, 1988)
W. Brooke Graves, American Intergovernmental Relations: Their Origins, Historical Development and Current Status (New York: Charles Scribner's Sons, 1964)
Keith W. Olson. The GI Bill, the Veterans, and the Colleges (Lexington: University Press of Kentucky, 1974)
hen then Governor George allace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group (Modern 157).
Nine days after the assassination of King on April 4, 1968, Johnson signed the Civil Rights Act of 1968, which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, thus adding protection for civil rights workers and others (Modern 157). Additional legislation added enforcement provisions to the federal government's rules concerning discriminatory mortgage-lending practices, which means that all lenders must report to the…
Works Cited
Modern Civil Rights Legislation. Pp. 156, 157, 158, 159.
SOPA & PIPA Legislation
File sharing involving copyright infringement began as peer-to-peer operations, sometimes with the involvement of a central server that acts as a search engine. Recently there has been a rise in file sharing where the infringing content is actually stored on the central server, such as the now-defunct megaupload.com. Consequently, there is a conflict between the rights of content owners and the rights of ordinary users of the internet. The conflict here is that efforts to eliminate sites that enable online infringing may also eliminate legitimate internet activity. In the fall of 2011 the SOPA (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act) proposals were introduced into the U.S. Congress. Almost certainly, the SOPA and PIPA proposals to go after file sharers go too far in the other direction in violating the free speech rights of individual users and handing the web even more over…
WORKS CITED
Corey, G. et al. Issues and Ethics in the Helping Professions, 8th Edition. Cengage Learning, 3011.
Howard, Alexander. "What You Need to Know About the Stop Online Piracy Act in 2012." The Huffington Post, December 23, 2011.
Ranney, Karen. "Digital Thieves Are Stealing from Me." The Hill, December 13, 2011.
http://thehill.com/blogs/congress-blog/technology/198981-digital-thieves-are-stealing-from-me
Firearms Legislation and Firearms-Related Violence in Europe
This paper examines the relationship between firearms legislation and gun-related violence across countries and regions in Europe. The focus of the paper is to identify possible sources of literature to help answer questions regarding whether legislation is an effective tool in reducing firearms-related violence. The paper focuses on variance of gun violence rates throughout Europe, gun legislation, and possible national strategies for addressing the issue of gun violence. It finds that there are many variables that impact regions and can effect greater or lesser rates of gun violence -- factors such as education, culture, economic stability, political instability, and so on. No two countries are the same in terms of people, customs, traditions, ideals, and execution of the law. It is therefore important to better understand how culture plays a role in determining the effects of firearms-related violence in throughout Europe. This information…
Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. his is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)]…
The commerce clause, under Article I § 8 of the U.S. Constitution, gives Congress the right to control commerce among the several states (The Constitution of the United States of America, Article I § 8). Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. This is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)] the Supreme Court determined that state gun possession laws near school do not violate the dormant commerce clause because a state may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not pre-empted by, federal regulation and the regulation meets the following tests: (1) the regulation does not discriminate against out of state competition in order to benefit local economic interests, and (2) the incidental burden on interstate commerce does not outweigh the local benefits of the regulation.
The first determinant is whether Confusion's statute does affect interstate commerce. The Court in Wickard v. Filburn [317 U.S. 111(1942)] reasoned that state regulations of activities that on their face are not economic, if in their aggregate they have a substantial effect on interstate commerce, then they will have to pass the two part test listed above. Here, it can be argued that the statute is not economic on its face, but is instead based on state police power to protect the state highways. However, in aggregate, the effect of such regulation is that interstate truckers have to purchase a new hitch to go through Confusion, or must bear the extra gas expense of going around. Ultimately, the end-user will bear the extra cost expended by these truckers hauling products, by raised prices on those products. Thus the statute does have an economic effect. It is unclear whether the burden this substantial effect places on interstate commerce is outweighed by the benefit to Confusion's highways because this matter is a judgment call for the court. However, nonetheless,
Progymnasmata legislation on ERA
In the United States, legislation geared towards non-discrimination, human rights and equal treatment have made such overt discrimination against women things of the past. Title IX, for example, addresses discrimination against girls in the areas of education and sports. Federal laws also prohibit discrimination in hiring as well as in compensation.
However, statistics show that women continue to experience discrimination in a number of social structures. Currently, women occupy only 14% of seats in Congress. Though far from equitable, this figure represents a record high for the number of women in the national legislature.
Statistics from the Bureau of Labor show that despite pay equity laws, salary disparities continue to exist between men and women across a broad range of occupations. For example, in the service industry, female cashiers earn an average of $292 per week, only 89.3% of the median salary of male clerks.
Female…
190). The Act also helped to create a "too-big-to-fail" mindset (Walter, 2004) that would have profound implications during the economic downturn of 2008 and beyond.
6.
Why did you include this piece of legislation in your list? The Act is described by Sammin (2004) as being "the biggest revision in financial services law since the Great Depression" (p. 653).
iegle-Neal Interstate Banking and Branching Efficiency Act of 1994
1.
What were the problems/conditions giving rise to the legislation? apid consolidations among the nation's banks were creating the potential for diverting needed banking resources from communities (ose, 1997).
2.
What were the major provisions of the Act? The iegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (hereinafter "the Act") contained the following major provisions:
A. Bank holding companies that are adequately capitalized and managed can acquire a bank anywhere in the United States one year after this law is enacted.…
References
Alexander, K., Dhumale, R. & Eatwell, J. (2006). Global governance of financial systems: The international regulation of systemic risk. New York: Oxford University Press.
Coustan, H., Leinicke, L.M., Rexroad, W.M. & Ostrosky, J.A. (2004). Sarbanes-Oxley: What it means to the marketplace; from support to apprehension, accounting professionals express their thoughts. Journal of Accountancy, 197(2), 43-44.
Feinberg, R.M. & Reynolds, K.M. (2010). An examination of entry and competitive performance in rural banking markets. Southern Economic Journal, 76(3), 624-625.
Gup, B.E. (2003). The future of banking. Westport, CT: Quorum Books.
Operations Management
Positive and Negative Influences of Legislation and egulation on Intermodal Transportation
Intermodal transportation is seen where goods, or people, travel across different forms or modes of transport. There are many influences on this type of transportation; the development of containers increased the demand for intermodal transportation, and technology that support longer supply chain has also increase demand. Another influence on the industry has been legislation and regulation, which has had both positive and negative impacts. This paper will look at the general concept in terms of the way regulation may impact both positively and negatively on intermodal transportation, and consider some specific examples of legislation or regulation and their potential influence.
Legislation and/or regulations have impacted directly and indirectly on intermodal transportation. Legislation has included statues to support the development and maintenance of a competitive environment, as well as controls on the movement of goods as standards for…
References
Carter, M, (2014, Feb 22), Why Whole Foods Market May Have a Big Problem, Motley Fool, accessed 22nd Feb at http://www.fool.com/investing/general/2014/02/22/why-whole-foods-market-may-have-a-big-problem.aspx
Lambert, T, A, (2008), Four Lessons from the Whole Foods Case, CATO Institute, accessed 22nd Feb at http://object.cato.org/sites/cato.org/files/serials/files/regulation/2008/2/v31n1-4.pdf
MacKey, J; Robb, W, (2013). Letter to Stakeholders, accessed 22nd Feb 2014 at http://www.wholefoodsmarket.com/sites/default/files/media/Global/Company%20Info/PDFs/WFM-2013-Letter-to-Stakeholders.pdf
Meador, Don; Britton, Mike; Phillips, Paige; Howery, Andrew, (2007), Case Analysis -- Whole Foods Market, accessed 22nd Feb 2014 at http://pnphillip.asp.radford.edu/whole%20Foods%20Case.pdf
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…
References
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.
The flip side is that, if the legislation were to pass and become law, a person who was irreparably harmed by a doctor's malpractice may not be able to get all the money they deserve. Someone could have a life-altering problem due the doctor's malpractice, but the damages they would receive wouldn't make up for the cost of what the injured person has to deal with for the rest of their life.
What has happened in Tennessee is that the two sides are trying to strike a deal using Senate ill 1347 sponsored by Senator Joe Haynes of Goodlettsville. The bill has become known as the Sorry Works! Pilot Program. (http://www.legislature.state.tn.us/bills/currentga/ILL/S1347.pdf)
The bill would allow some hospitals and nursing homes apologize for any mistakes made in the deliverance of care to a patient if they offer what is called a "fair settlement" to patients or their survivors. The hope is…
Bibliography
Senate Bill 1347 (TN). http://www.legislature.state.tn.us/bills/currentga/BILL/SB1347.pdf
Pack, Todd. "Business Column: Can apologies avert medical malpractice suits? State may find out. The Tennessean. April 18, 2007. http://www.tennessean.com/apps/pbcs.dll/article?AID=2007704180403
Whitehouse, Ken. Med-malpractice deal within reach on Capitol Hill. NashvillePost.com. March 6, 2007. ( http://www.nashvillepost.com/news/2007/3/6/medical_malpractice_compromise_on_the_horizon ).
Language continually reminds one (or not), and underscores and reinforces (or not) one's roots, identity, and authentic self. That is, I believe, the real reluctance of those who would cling, too stubbornly, it has been argued by Hayakawa and others, to their first, original tongue. That is also why much of the intimacy, energy, comfortableness, and fun instantly evaporated from the Rodriguez family atmosphere the afternoon one of Richard's teachers suggested to the children's parents that the family speak more English, and less Spanish, at home.
Along with one's language of birth (whatever it is) come feelings of being understood and accepted; and from those spring a sense of one's own selfhood and identity. In my opinion, that is the main, underlying, reason why 'English Only' Legislation is not a particularly practical solution to multilingualism in the United States (if multilingualism needs a "solution"). This is not because such legislation…
Works Cited
Crawford, James. "Introduction." Language Loyalties: A Source Book on the Official English Controversy. James Crawford (Ed.). Chicago, Ill.: University of Chicago Press, 1992. 1.
Hayakawa, S.I. "The Case for Official English." In A Meeting of Minds: A Brief Rhetoric for Writers and Readers. Patsy Callaghan and Ann Dobyns
Eds.). New York: Pearson Longman, 2004. 446-452.
Headden, Susan, et al. "One Nation One Language: Only English Spoken
Gun Control Legislation
Gun control is not one concern, but several. To some people gun control is a crime issue; to others it is a rights issue. Gun control is a safety issue, an education issue, a racial issue, and a political issue. Within each of these issues, there are those who want more gun control legislation and those who want less. Guns are not for everyone. Certain individuals cannot handle a firearm safely, and some individuals choose to use firearms inappropriately. Our society has passed laws regulating the ownership and use of firearms, and additional legislation is being considered. Most of this legislation restricts, to some degree, the rights of individuals to possess or use firearms. Some restrictions may be necessary, but some recent legislation has gone too far. Society benefits from firearms in the hands of responsible citizens, and taking firearms away from such citizens will do more…
How a Bill Becomes a Law
In Chapter 17, we learned that after a member of the Congress proposes a bill, it is gazetted and then passed through the three stages of reading before being becoming a Law. The time required for a bill to pass through these stages varies depending on whether it is controversial or complex. In the first reading, the bill is introduced to the Congress, which signals that the legislative process has started. At this stage, there nothing much is done; the bill is just read out to the members. No debate happens at this stage. Then, the bill is set for the next stage as the second reading.
Immediately after the first reading, the legislator in charge of the bill proposes a motion for the second reading of the bill. At this time, he/she gives a speech explaining the benefits of the proposed legislation. After…
The Leblanc alkali production processes were especially pernicious, but they followed along the lines of previous industrial processes. In other words, the first British environmental legislation was a response not so much to a qualitative change in industrial processes and their environmental impact but more to a quantitative increase in sources of pollution that had up to that point been (if only barely) tolerable.
Legislation Arising From Public Anger
At the center of the first British environmental legislation was the Leblanc process, an industrial process that produced of soda ash (which is chemically sodium carbonate) that came into use in the first decades of the 19th century. Named after its inventor, Nicolas Leblanc, it replaced an older process in which soda ash had been produced from wood ash. However, as the availability of wood ash declined (because of deforestation, a process that was occuring both in Great Britain and across…
Resources Act (WRA) of 1991. This act "establishes the duties of the Environment Agency (EA) on flood defence and other areas relating to water management and quality."
"The EA has discretionary powers to improve and maintain river conditions. This means that the EA is not obliged to construct or maintain such works. In practice, the EA will only proceed with schemes that are not only beneficial but cost-effective.
"The Act also grants the EA powers to issue flood warnings and regulate what can be discharged into rivers, estuaries, coastal waters, lakes and groundwaters."
Canadian law on flooding is similarly divided between common law and statutory law.
First Nations
Health care reform is term used to refer to the creation of government health policy that impact the delivery of healthcare in the United States of America. Primarily, healthcare attempts to widen the population that gets healthcare through the two common insurance programs, public and private. It widens the horizon of care providers that the public can choose from. Healthcare also enhances the access to health care specialists, enhances quality of care as well as decreasing the cost of health care. Basically, Health care covers four basic functional components of the U.S. health care delivery system include financing, insurance, delivery, and quality care
Legislation for Health Care Finance
The name of the bill name is Medicaid evenue Act 2012 and number of legislation is IL S. 159. This bill was proposed by the Illinois Democratic Senator Antonio Munoz previously of General Assembly (93rd) and currently of the 1st District (…
Reference
Legislative Information System. (2012). Illinois General Assembly. Retrieved October 7, 2012, from www.ilga.gov.
Michigan House Republicans. (2012). Michigan House Representative. Retrieved October 8, 2012, from http://www.gophouse.com/welcome.asp?District=088
National Conference of State Legislatures. (2012, September 25). Federal Health Reform: State Legislative Tracking Database. Retrieved October 2012, from www.ncsl.org.
Turner, G.-M. (2012, June 13 ). If ObamaCare Is Judged Unconstitutional, Here's How To Reform Healthcare. Retrieved October 8, 2012, from www.forbes.com.
History Of Federal Involvement in the Delivery of Healthcare
Health Care History: The Hill-Burton Act
The Hill-Burton Act was a decidedly ambitious piece of legislation that was initially passed in 1946. The act was named after its chief proponents, Alabama's Senator Lister Hill (Thomas, 2008) and Ohio's Senator Harold Burton. Although the act was conceived of as a way of providing egalitarian access to improved medical facilities, it was actually created in times that were anything but. 1946 was the year after the end of World War II and racial segregation (as buttressed by Plessey v. Fergusson) (Wormser, 2002) was still rampant across the country. Moreover, the economic politics -- many of which are still in effect today -- in which federal, state and local legislation typically benefits those with the most economic resources of the day also helped to hamper the egalitarian spirit in which the Act was created.…
References
McBride, A. (2006). Brown v. Board of Education. www.pbs.org. Retrieved from http://www.pbs.org/wnet/supremecourt/rights/landmark_brown.html
Parks, P. (2010). What is the Hill-Burton Act? www.jdsupra.com Retrieved from http://www.jdsupra.com/legalnews/what-is-the-hill-burton-act-63450/
Thomas, K. (2008). Hill-Burton Act. Encyclopedia of Alabama. Retrieved from http://www.encyclopediaofalabama.org/face/Article.jsp?id=h-1439
Wormser, R. (2002). Plessy v. Ferguson. www.pbs.org. Retrieved from http://www.pbs.org/wnet/jimcrow/stories_events_plessy.html
Health insurance coverage is one of the major issues at the core of initiatives to reform the United States health sector. This issue has attracted considerable attention in health reform initiatives because of the relatively high number of uninsured and underinsured people in the country. The United States has a high number of uninsured and underinsured populations despite the increased federal expenditures on health. Recent healthcare reform legislation has sought to address this issue through various ways including the introduction of the mandate to buy health insurance. The mandate is essentially an individual or employer mandate to obtain private health insurance coverage. However, the individual mandate is one of the controversial provisions of the Affordable Care Act and has been the subject of numerous lawsuits. In addition, legislation has been enacted against the mandate to buy health insurance. This paper discusses lawsuits and legislation involved against the mandate to purchase…
References
The independent physician groups and hospitals provide services under the organization's guidelines, but they may also care for patients who are not members. (1997)
While managed care does offer employers more control in choosing the specifics of the health care plan provision at the same time the insurance companies and the profit-drive health-care organizations possess a strong role. Opponents of the government having a primary role in health care financing state that managed care "raises the specter of rationing, lower quality, less freedom to choose physicians, interference with physicians' clinical autonomy, reduced access to specialty care and teaching hospitals, and increased government regulation." (Gottlieb and Einhorn, 1997) Further criticism has been stated in relation to the financial mechanisms employed by managed-care plans geared toward efficiency due to the risk of providers relating to penalties or rewards based on some measures of efficiency.
While health care providers are expected "to provide…
Bibliography
The Future of Managed Care (2003) Online available at http://www.ncmedicaljournal.com/jan-feb-03/ar010303.pdf
Levitt, Seymour H. (2000) Impact of Managed Care on Scholarly Activity and Patient Care: Case Study of 12 Academic Radiology and Radiation Oncology Departments. Journal of Radiology 2000;216:618-623. Online available at http://radiology.rsnajnls.org/cgi/content/full/216/3/618
Gottlieb, Scott and Einhorn, Thomas a. (1997) Current Concepts Review - Managed Care: Form, Function and Evolution. The Journal of Bone and Joint Surgery 79:125-36 (1997). Online available at http://www.ejbjs.org/cgi/content/full/79/1/125
Jennings, Mary Carol (2008-2009) 2008-2009 Legislative Agenda American Medical Student Association - Prepared by the 2008-2009 Jack Rutledge Legislative Director of the American Medical Students Association. Online available at http://www.amsa.org/legislativecenter/0809LegislativeAgenda.pdf
Legislative ills
The Campaign Finance Legislation H3463 was introduced on November 17, 2011. The proposal is to reduce spending and the deficit by terminating taxpayer financing for presidential campaigns and party conventions, as well as, by terminating the Election Assistance Commission. The bill was passed by the House of Representatives on December 1, 2011 and is waiting for the Senate. (HR-3463-Repeals Taxpayer Financing of Presidential Election Campaigns-Key Vote) Once the bill is passed by the Senate, it would still need the President's approval to be enacted into law.
The ill is to repeal taxpayer financing of presidential election campaigns and party conventions for all taxable years beginning after December 2010. It would repeal the Presidential Election Campaign fund, requiring all remaining money to be used only for reducing the deficit, and repeal the Election Assistance Commission, affected 60 days after enactment. It would also require the Federal Election Commission to…
Bibliography
HR-3463-Repeals Taxpayer Financing of Presidential Election Campaigns-Key Vote. (n.d.). Retrieved from Project Vote Smart: http://votesmart.org/bill/14190/repeals-taxpayer-financing-of-presidential-election-campaigns
S2038-Prohibits Insider Trading by Government Officials-Key Vote. (n.d.). Retrieved from Project Vote Smart: http://votesmart.org/bill/14568/38133/prohibits-insider-trading-by-government-officials
Civil Rights
The 1960s was a period that Americans remember as being a period bursting with activities and movements. There was a lot that these years brought out. Some of the things that the period is remembered for are the many movements, including the civil rights and hippies movements, evolution of art and music and a promotion of love and peace with activism against the war in Vietnam. There were many uprisings in the society, especially in terms of culture, with regard to politics and socially as well. As a result of this, a lot of change was experienced in society. The movements for the rights of African-Americans became very strong during this period and forced the then president Lyndon Johnston to push for a Civil Rights Act, which was enacted in 1964 by Congress.
Although the enactment of this Act was welcomed, it was not sufficient and thus, more…
Works cited
Magill, Frank N. Chron 20c Hist Bus Comer Vol 2. Hoboken: Taylor and Francis, 2014. Internet resource.
Mjagkij, Nina. Organizing Black America: An Encyclopaedia of African-American Associations. New York: Garland, 2001. Internet resource.
Grofman, Bernard. Legacies of the 1964 Civil Rights Act: [...papers given at a 1994 Conference..., Held at the Federal Judicial Centre]. Charlottesville, Va. [u.a.: Univ. Press of Virginia, 2000. Print.
Gold, Susan D. The Civil Rights Act of 1964. New York: Marshall Cavendish Benchmark, 2011. Print.
The orks Progress Administration (PA) created jobs for laborers who were unemployed, but it wasn't just "make work" labor, it actually helped the nation build roads and bridges along with needed public buildings. The Public orks Administration (PA) helped build dams and other reclamation projects; this served to create jobs and at the same time provide "less expensive electricity, flood control, and irrigation water for farmers" (Etulain 324). The Hoover Dam on the Colorado River and Grand Coulee and Bonneville Dams on the Columbia River, were extraordinarily helpful in many practical ways in the western U.S.
hereas Hoover was unable to see the need to put the federal government's full power of assets to work for the citizens - his conservative background kept him from doing what needed to be done in an urgent way - FDR did see the need; and by using his office as a bully pulpit,…
Works Cited
Etulain, Richard W. (2006). Beyond the Missouri: The Story of the American West.
Albuquerque: University of New Mexico Press.
Johnson, Lyndon Baines. (2007). King Encyclopedia. Retrieved September 12, 2007, at http://www.stanford.edu/group/king/about_king/encyclopedia/johnson_lyndon.htm .
Bill Becomes Law
How a Bill Becomes Law
How a Bill Becomes a Law
The Constitution of the United States divides the federal government into three separate, but equal branches. The legislative branch is responsible for the drafting and passage of legislation, or in other words, the Congress creates bills that can ultimately become laws. Since the Congress is divided into two chambers, the Senate and the House of epresentatives, legislation can originate from wither of the two, with some exceptions for bills related to the collection of revenue which must originate in the House of epresentatives. However, regardless of the origin of the legislation, a bill must pass both chambers of Congress before it can be sent to the Executive branch for ratification. But there are a number of hurdles that bills must overcome before this can happen.
A bill must be introduced by a member of Congress, which…
References
Sullivan, John V. (2007). "How Our Laws Are Made." U.S. Government Information
GPO. Retrieved from http://www.gpo.gov/fdsys/pkg/CDOC-110hdoc49/pdf/CDOC-110hdoc49.pdf
"How a Bill Becomes Law." National School Boards Association. Retrieved from http://www.nsba.org/Advocacy/Write-to-Congress/HowaBillBecomesaLaw.html
Oldest and Largest Federal Aid Program to Schools
Department of Education Web site, the headline above Title 1 reads: "Improving the Academic Achievement of the Disadvantaged." Further into the government's description of Title 1 - the largest and oldest federal aid program for elementary and secondary schools - readers learn that it exists in order "...to ensure that all children have a fair, equal, and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments." Those are laudable, lofty, idealistic and thoroughly worthy goals. But numerous questions arise in the mind of an objective Title 1 researcher, such as: 1) what is the most effective way in which Title 1 funds may be used? 2) what do teachers envision when they project Title 1 impacts five years from now? 3) Do the Title 1 resources truly make…
References
Borman, Geoffrey D. (2002). "How Can Title 1 Improve Achievement?" Association for Supervision and Curriculum Development.
Cardman, Michael (2003). "Bush: all state plans now approved; funding ample (implementing NCLB)." Education Daily.
Education Program for Gifted Youth (2002). "A Brief History of Title 1 and its Applicability to Gifted Education." www.epgy.stanford.edu.
Etheridge, Sheldon D. (2001). "Case Study: Title 1 Schoolwide Programs: District Support for Achieving Success: Berkeley County School District." Journal of Education for Students Placed At Risk.
The Army XXI program for major military transformations has been in progress since 2004 (U.S. Department of State 2009). Last year's goals were consolidation and improvement of quality. The parliament approved Development Stage 08/11 for military reforms for 2008-2011 in 2007. The overall aim was to reduce military size while maintaining high quality of knowledge and equipment standards. At the same time, Development Stage 08/11 aimed at increasing military personnel for overseas deployment, such as for peacekeeping and disaster relief. In 2007, the Swiss parliament approved an increase of Peace Support Operations from 250 to 500. Increased cooperation with civilian authorities could also be anticipated, such as with the police and the border watch corps (U.S. Department of State).
The Swiss Military and the Citizens
The Swiss armed forces are a civilian-controlled militia of able-bodied males intended for universal military service (DHRL 2004). Apart from training cadres and a scattering…
BIBLIOGRAPHY
Bureau of Democracy, Human Rights, and Labor. 2004. Switzerland: Country Reports on Human Rights Practices. U.S. Department of State: USA.gov. Available at http://www.state.gov/g/drl/rls/hrrpt/2003/27867.htm
Heatwole, C. 2009. Switzerland, Microsoft Encarta Online Encyclopedia, Microsoft
Encarta. Available at http://encarta.msn.com/encyclopedia_761571795/Switzerland
Michaud, L. 2004. Swiss Armed Forces and the Challenges of the 21st Century,
civil rights legislation that seeks to safeguard individuals with disabilities from discrimination and guarantees that disabled children have equal access to an education. However, every child may be entitled for special education and associated services under Individuals with Disabilities Education Act (IDEA). One of the major issues with the two legislations is that entitlement to special education and associated services under IDEA and entitlement for protection under Section 504 are not disability-specific. This contributes to concern on who is entitled for protections under Section 504 but not within IDEA.
The determinations of eligibility for special education and associated services and for protection from discrimination are specific to every disabled child. The knowledge of IDEA and Section 504, especially their execution regulations, is usually necessary for obtaining suitable education for children with disabilities. Every child eligible for special education services under the IDEA statute is safeguarded under Section 504. This implies…
References:
Rosenfeld, S.J. (n.d). Section 504 and IDEA: Basic Similarities and Differences. Retrieved April
25, 2013, from http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html
"Who is Eligible for Protections Under Section 504 & #8230; but Not Under IDEA?" (2011, March 1).
Wrights Law. Retrieved April 25, 2013, from http://www.wrightslaw.com/info/sec504.who.protect.htm
Unitary State vs. The Federal State
Unitary vs. Federal
A unitary state government is one in which the state's entire affairs are overseen by a single central governing authority. A federal state government is one in which governing powers are shared between a central government and a local or state government(s). France offers us today an example of a unitary state, while the U.S. offers us an example of a federal state. To judge which type of government is better, one could look to these two examples -- but as neither appears to be ideal in its present-day condition (both are broke), this paper will instead look at the dynamic of both types of states to show why a federal state is preferable to a unitary state.
The unitary state solution is one that lends itself to the Weber-based system of modern bureaucracy, and for that reason is bound to…
Reference List
Macionis, J. (2006). Society: The Basics. Prentice-Hall.
Ritzer, G. (2009). Contemporary Sociological Theory and Its Classical Roots: The
Basics. NY: McGraw-Hill.
Washington, G. (1796). Washington's Farewell Address. Avalon Project. Retrieved from http://avalon.law.yale.edu/18th_century/washing.asp
But there is ample evidence, as documented in our recent report that unfettered access to registries can and does lead to extensive harassment and sometimes violence against former offenders (Fellner, 2007).
Highly publicized cases that deal with the abduction, rape, abuse, and murder of young children have led federal and state governments to introduce new laws that require stricter punishments, requirements, and prohibitions for sex offenders. Increasingly rigorous and over-inclusive necessities for sex offenders are almost unanimously accepted and easy for legislators and politicians to support because they are popular among the general public. As Congress passes law after law cracking down on sex offenders, experts and officials question whether the requirements of those acts even work to achieve the goals of legislators (Farley, 2008).
The most recent act, the Adam Walsh Act (AWA), raises many questions as Congress again expands punishments and requirements of sex offenders. The AWA contains…
References
Farley, Laura Geer. (2008). The Adam Walsh Act: The Scarlet Letter of the Twenty-First Century. Retrieved May 28, 2009, from Web site:
http://washburnlaw.edu/wlj/47-2/articles/geerfarley-lara.pdf
Fellner, Jamie. (2007). The wrong sex offender laws. Retrieved May 28, 2009, from Los Angels
Times Web site: http://articles.latimes.com/2007/sep/18/news/oe-fellner18
Alberta province of Canada is considered one of the strongest economies in North America, being culturally diverse as well as politically and environmentally stable. Its varied landscape, sunny climate and varied geography make it a most ideal locality and provide its people an excellent quality of life. Alberta is endowed with abundant natural resources, natural sceneries, and capable manpower that altogether make it the perfect place to live and work in. These outstanding features are collectively referred to as the Alberta advantage (Government of Alberta 2002). Its people are vibrant, resourceful and productive entrepreneurs, whose goods and services rank among the most excellent in the world. This level of excellence draws from the inherent pioneering spirit of the earliest settlers of the province. The present principal industries of the province are agriculture and related industries, forestry, telecommunications, oil and gas. Its oil and gas industry, which began in the late…
Bibliography
Brown, Jim. 2003: Canada's Chretien Downplays Kyoto Economic Impact. CNEWS. http://cnews.canoe.ca/CNEWS/Politics/2003/10/20/23/511-cp.html
CBCNews, 2002: Consumers Will Feel Pinch of Kyoto, Say Opponents. CBC. http://www/cbc/ca/stories/stories/2002/09/03/ab_kyoto020903
CTV News Staff. 2003:Three-quarters of Canadians Support Kyoto: Poll. CTV.ca. http://www/ctv/ca/servlit/ArticleNews/story/CTVNews/10340/4051181_29423251/:hub=Canada
Government of Alberta. 2002: Canadians Divided on Kyoto Ratification. http://www.gov.ab.ca/home/index.cfm "Page=332.
Nurse, Legislation and egulation
Identify a legislative issue/policy change related to a workforce/patient care issue that you believe to be a priority. Describe legislative efforts surrounding your interest.
The developments and strides in distance education has proved to be a worthwhile evolution in educating as well as practice of modern nursing construct that now requires some really fast and accurate means of knowledge dissemination (Benner et al., 2010; IOM, 2010; Jones & Wolf, 2010). The advanced technology helps in extending the reach of multifaceted nursing faculty, where the students might be placed in remote areas and lack access to quality education in pursuing their nursing dreams as a career option (Jones & Wolf, 2010). The predicaments faced in these newly evolved settings, as envisaged by Board of Nursing (BON), are noted as under:
BON needs that the local educational regulations match with their own while approving distance education programs.
The…
References
Anderson, K. M., & Avery, M. D. (2008). Faculty teaching time: A comparison of Web-based and face-to-face graduate nursing courses. International Journal of Nursing Education Scholarship, 5, 1-12.
Benner, P., Sutphen, M., Leonard, V., & Day, L. (2010). Educating nurses: A call for radical transformation. Retrieved from www.carnegiefoundation.org/newsroom/press-releases/educating-nurses-call-radical-transformation
Billings, D. (2000). A framework for assessing outcomes and practices in web-based courses in nursing. Journal of Nursing Education, 39(2), 60-67.
Chappy, S. L., Stewart, S. M., & Hansen, T. S. (2010). Eliminate border wars. Nursing Education Perspectives, 31(6), 392-394.
Aircraft Noise Abatement Act of 1968 states, how it is used and the impact it has had on the industry and on those affected. A conclusion is given at the end. A list of works cited is also given.
The Congress has, through legislation, tried to develop a uniform countrywide noise abatement plan that was to be implemented and monitored under one agency - the Federal Aviation Administration FAA). Unfortunately, their efforts were not successful. This is because when the FAA tried to limit federal government liability it failed to implement the function that was envisaged in the federal government legislation Werlich and Krinsky, 1981). Additionally, there have been two factors that must be considered. The first of these is the recent trend in which law courts have made decisions holding airport proprietors liable for the property damages and personal injury caused by aircraft noise. The second is the 'retreat'…
(n.d.). Airport Noise Law. 49 U.S. Code Section 44715. Retrieved July 12, 2015, from http://airportnoiselaw.org/49-44715.html
Garcia, B. (n.d.). Aviation Safety. Aviation Safety: The Aviation Safety and Noise Abatement Act of 1979. Retrieved July 12, 2015, from http://brandigarcia.blogspot.com/2010/05/aviation-safety-and-noise-abatement-act.html
Werlich, J., & Krinsky, R. (1981). The Aviation Noise Abatement Controversy: Magnificent Laws, Noisy Machines, and the Legal Liability Shuffle. Loyola of Los Angeles Law Review, 15(1). Retrieved, from http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1391&context=llr
They point out that neither the Constitution nor the Supreme Court has precluded the States or localities from enforcing the criminal provisions of immigration law.
Because the enforcement of the criminal provisions of Federal Law has not been expressly prohibited by the Constitution, it would be reserved to the states respectively. According to the Tenth Amendment of the .S. Constitution, "The powers not delegated to the nited States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This is interpreted to mean that the states have implied powers in addition to the powers explicitly enumerated to them in the Constitution.
With this understanding of the Constitution, proponents argue that the disputed SB 1070 provisions are not immigration law provisions, but criminal law provisions.
For example, the provision making it a state crime for an alien to be in Arizona…
United States v. Arizona, No. 10-16645, Brief of Amici Curiae State Legislators for Legal Immigration, 7-10 (2010).
Laura Sullivan and Beau Hodai, How Corporate Interests Got SB 1070 Passed, November 9, 2010, available at http://www.npr.org/templates/story/story.php?storyId=131191523
Gabriel J. Chin, et.al., a Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070. Arizona Legal Studies Discussion Paper No. 10-24, 3 (2010).
Letter to the Legislative epresentative
Whom It May Concern
This letter is in connection with a bill previously proposed to you -- the Equity of Care Act. Its purpose is satisfying the health requirements of racial and ethnic minorities in regard to quality care access and delivery by reinforcing healthcare-related safety nets. Thus, dealing with this issue is of utmost significance. For pushing the Act to make it a law, it must follow the path described below:
The Path a Bill Takes to Become Federal and State Law
Introducing the Bill and eferral to a Committee
Legislation can be introduced by any Congressional member (NAEYC, 2015). Every introduced bill is allotted a number: S. is used to denote Senate bills, while H.. indicates House bills. Subsequently, the bill goes for reference to one or more committees that have jurisdiction over the legislation's key issue. Sometimes, it is referred first to…
References
Boundless. (2015, July 21). Interest Groups, Lobbyists, and PACs. Retrieved from Boundless Political Science: https://www.boundless.com/political-science/textbooks/boundless-political-science-textbook/congress-11/how-congres
(2009, August 10). Breaking News, Daily News and Videos - CNN.com. Disruptions drown out debate at health care meetings - CNN.com. Retrieved December 10, 2015, from http://www.cnn.com/2009/POLITICS/08/10/health.care.questions/
Chapter 5
Models Of Public Policy-Making. (2002). Retrieved from California State University Long Beach Graduate Center for Public Policy and Administration: http://web.csulb.edu/~msaintg/ppa590/models.htm
Other perspectives, such as the realist perspective, find that the threats posed by climate change are still uncertain and largely unsubstantiated, and other factors such as the global geopolitical situation also lead them to believe that now is not the time to pursue major hanges in energy production or industry. As international cooperation becomes more and more difficult, it will also become more difficult for to agree on international climate change regulations and rules, let alone enforce them, making an establishments of these rules now premature and effectively useless, according to this view. The fact that this perspective persist in many minds is a major barrier to the passing of effective climate change legislation.
Finally, many businesses show very little interest in adjusting their activities without federal mandates to do so. Carbon trading has failed as a voluntary enterprise, and the businesses and regions that have banded together in attempts…
legislators on health care issues and nursing, specifically?
To make healthcare inexpensive through tackling the fast increasing cost of healthcare
Patients ought to have a better access to information about the cost and quality of services offered so that they can make cost-effective and informed decisions about their healthcare. Healthcare providers should make available costs publicly available, particularly for the most sought after procedures. Medicaid, Medicare and other kinds of data should be provided to other independent entities that have the expertise to give superior quality assessments than the Centers for Medicaid and Medicare Services.
Several reforms are needed in healthcare to help bring down the costs. These include: enabling more pooling schemes and the sale of insurance across state borders; both of these measures will help bring down the cost of premiums. Moreover, making the tax field level for both individual and employer markets would assist people to buy…
References
Email provided by Catherine White: -- .
(n.d.). Texas Nurses Association. Advocacy: Top Issues - Texas Nurses Association. Retrieved May 20, 2015, from http://www.texasnurses.org/?page=TopIssues
Willmann, J.H. (2013). Nursing Legislative Agenda for Texas 83rd Legislative Session. Nursing Voice.
Hinson, K. (2015, April 28). Texas Nurses Association. TNA Opposes Legislation Lessening Whistleblower Protections - Texas Nurses Association. Retrieved May 21, 2015, from http://www.texasnurses.org/news/228914/TNA-Opposes-Legislation-Lessening-Whistleblower-Protections.htm
Judicial Interpretation Theory
Judges draft no legislation, but they create law nevertheless, through their powers of judicial interpretation. Judges determine the outcome of particular cases by interpreting the meaning of a single phrase, and sometimes, a single word within the applicable statute. By creating legal precedents, jurists sometimes decide entire lines of future cases merely by how they choose to interpret a single word, or to resolve a singe apparent ambiguity in the language of a statute.
American judges have developed numerous "canons" of jurisprudence that are supposed to operate as rules against arbitrary interpretation, such as:
The expression of one thing constitutes the exclusion of others."
Statutes that change the common law must be strictly construed."
Penal statutes must be construed narrowly to protect the accused."
Legislative intent in penal law must be found in the language actually used in the statutes."(Carter p.67)
egardless of any rules or principles…
References
Carter, L.H. Reason in Law (1979) Little Brown & Co.
Haskell, P.G. Why Lawyers Behave as They Do (1998) Westview Press
Kutler, S.I. The Supreme Court and The Constitution: Readings in American
Constitutional History (1984) W.W. Norton & Co.
Apology legislation has gained traction in the United States health sector in recent years. The laws have gained significant attention in the recent past due to the belief that apologies made by healthcare providers and professionals for serious medical events help to mitigate patients’ decisions on whether to litigate. Currently, these laws have been enacted in twenty-nine states. Based on the provisions of most of these laws, the apologetic expressions of sympathy by healthcare providers cannot be used against them in court. The United States has witnessed the increased implementation of apology legislation as part of the movement to dismantle what has traditionally been a deny-and-defend culture in medical practice. According to Daigle (2017), the enactment of apology legislation is expected to help avoid lawsuits, lessen the overall administrative costs related to litigating cases, enhance communication between parties, promote alternative dispute resolution, and lessen malpractice insurance and overall healthcare costs.…
References
Carbon tax in the Australian legislation
The threat of global warming is no longer to be neglected and international action is coming to be taken, and even supported by federal institutions. In Australia, the government has focused on the development and implementation of a legislation to tax carbon emissions. The measure has been welcomed with both praises as well as criticism, but its implementation is underway and the benefits would be felt on the long-term.
Global warming has generically been a highly debated subjected, with activities on the one hand arguing that the threat is irreversible and that the safety of the planet is in great danger, whereas corporations arguing that global warming is a make belief phenomenon. ExxonMobil for instance invested millions of dollars each year in campaigns which denied the existence of global warming (Mandia, 2011).
This year however, global warming became a verified fact and it is…
References:
Bolt, A., 20111, Gillard: carbon tax in 2012, Australian Climate Madness, http://www.australianclimatemadness.com/2011/02/gillard-carbon-tax-in-2012 / last accessed on September 12, 2011
Mandia, S.A., 2011, Global warming: man or myth? Sunny Suffolk, http://www2.sunysuffolk.edu/mandias/global_warming/global_warming_denial_machine.html last accessed on September 12, 2011
Thompson, J., 2011, Gillard reveals carbon price scheme, ABC News, http://www.abc.net.au/news/2011-07-10/gillard-reveals-carbon-price-scheme/2788842 last accessed on September 12, 2011
2010, Carbon taxes, Parliament of Australia, http://www.aph.gov.au/library/pubs/climatechange/responses/economic/carbontax.htm last accessed on September 12, 2011
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