Law and Society
The Nature of Law and Justice - Sadomasochism
Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the submissive party does claim harm, and can substantiate those claims with evidence, the case may be relatively cut and dry. However, the submissive party may be getting harmed due to the presence of a mental illness that creates inhibition. Other intervening variables could impact the outcome of the case. Yet because of their consent it may be difficult to take legal action in some cases. Therefore, the sadomasochism presentation does a good job with revealing the complex nature…… [Read More]
I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to the degree it could offer me more opportunities in the future.
Another reason why I would like to go to law school and pursue a law degree is that I have a fundamental belief in the legal system and its ability to produce justice within our society. In my life, I have had the unfortunate privilege of verifying this statement first hand. Despite this, I believe that every time I was put in such a situation, the legal system functioned…… [Read More]
Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. ut a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice was personal and subjective. A charge of sex discrimination could not be entered against them. They comprised the selection board, which could decide on the rules or laws of selection of partners. And when a consensus was reached among them, a law was also formed, according to St. Thomas Aquinas' philosophy about the law necessarily being the product of consensus.
Case # 3 Ashland Oil, Inc.: Trouble at Floreffe
Ashland Oil, Inc. was the 60th largest company in the U.S.…… [Read More]
Law and Philosophy
Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie laws. In fact, lawmakers, policy makers, and other legal professionals can apply the bad man theory to their work: understanding the mentality of the bad man can help distinguish between legalism and morality. The government cannot enforce morality but it can enforce the rule of law and thus protect the rights of all citizens.
For Corwin, the higher law is the rule of law itself. In the United States, the rule of law has replaced divine mandate. Its citizens…… [Read More]
However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first the damages amounted to $400 million. However, after a few of the victims got compensated the company reconsidered and the case was settled in 1996 for $333 million. Although, there are now many other environmental problems with the company it continues to exist and flourish proving that money always wins.
Los Alamos National Library, the Karen Silkwood Story, Nuclear eaction, Frontline, 23 November 1995, http://www.pbs.org/wgbh/pages/frontline/shows/reaction/interact/silkwood.html
Chase, Anthony, the Cinema of Tort Liability, Movies on Trial, the New York Press, New…… [Read More]
Law Enforcement esponses on Terrorism
Law Enforcement on Terrorism
The paper covers the topic, Law Enforcement esponses on Terrorism. It creates the understanding of Terrorism and the impact on the society, as well as the threats it poses to law enforcement agents. The paper identifies various tactics that law enforcement officials employ in order to deal with terrorist activities, for example, the use of technology such as GIS (Geographical information systems). The paper explains the importance of community engagement and training in preventing terrorism.
Law Enforcement esponses on Terrorism
In the current literature, especially literature on criminal justice there lacks a global consensus concerning the definition of "terrorism." Nevertheless, the United Nations has been incapable of providing a solution concerning its definition. This has made people come up with their own definitions, which vary according to the person's perception of the terror activities. For instance, some suggest that terrorism is…… [Read More]
Law of Purchasing Supply
What constitutes a contractual 'offer' according to English law? Your report should include references to common law, statute law, and European Union Law where appropriate.
A contractual offer is when two parties display a willingness to enter into a contract. They understand that it will be binding once the offeree accepts the agreement. When a party is requested to offer a contract, this invitation to treat can be rejected or accepted.
An arrangement becomes accepted when the offeree communicates their willingness to comply with the provisions of the proposal. This can occur through: the offeree or an agent authorized by them conveying these intentions. As a result, the contract becomes binding when terms are accepted by all parties.
However, there are various distinctions among: common, statutory and European Union regulations that have shaped the current form of a contractual offer. Under English common law, a contractual…… [Read More]
Law Case Study
In this case, study there is a legal tussle between a power utility company and a complainant. While trying to remove a kite from power line, the complainant climbed a power pole without the consent of the utility. Unfortunately, he came too close to live power conductors that caused him to sustain severe injuries. The injured party decided to take some legal action against the power company (Knight & Knight, 2001). In this study, I seek to explore some of the good defenses from the standpoint of the power company. Furthermore, I briefly discuss the requirements for a plaintiff to prove negligence against defendant (Bermingham & Brennan, 2012).
The question arising from this circumstance is whether the power utility company acted negligently when the complainant suffered serious injuries while retrieving his kite from their property.
In tackling the legal question, the following legal concepts are crucial to…… [Read More]
etter still, don't let it happen. (para. 61)
In the United States, citizens take a dim view of unbridled police powers. They were condemnatory of Samuel a. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in manycases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according to 400 pages of documents released in November of 2005 by the U.S. Justice Department.
For instance, while working in the Office of Legal Counsel from 1985 to 1987, Alito wrote an opinion allowing the Internal Revenue Service to secretly record conversations with taxpayers who were under investigation.
In the United States, the term "police power" refers to the right of a government to exercise "reasonable control over persons and property" to protect the public's health and safety. Police powers…… [Read More]
Law and Ethics in the usiness Environment
RIGHT FROM WRONG
usiness Ethics and the Law
usiness law fixes the minimum standards of behavior for businesses (ramble, 2013). Enforcing these laws generally consists of fines involved in the exercise of trade and commerce. Criminal accountabilities must be proven in the appropriate court of law through evidence. Even when found culpable, a business can only be fined as a penalty. ut business ethics exceeds simple legality as it sets the way a business should conduct what it is legally obliged to. It consists of values upheld and practiced by the majority. It is the spirit of the letter of the law. It is intended to establish an environment of personal accountability in a business environment when the law does not explicitly establish it. At the same time, it shapes the reputation of the business for the public to see and accept. The…… [Read More]
Law of Sales
The Uniform Commercial Code is one of the most important uniform acts that were promulgated in order to unify the sales laws and other commercial transactions within all the states of the U.S. The importance of this code relies on the fact that commercial transactions have an increased prevalence beyond one state. In other words, certain products can be manufactured in a certain state, assembled in another state, warehouse in another state, processed in another state, and sold in another state. Therefore, this has determined the necessity of using a uniform code.
In addition to this, the uniform code provides the benefit of allowing these states the flexibility they require in order to respect their local regulations. This objective can be reached by modifying the text of the uniform commercial code in accordance with the requirements of each state. The uniform commercial code was developed in order…… [Read More]
Law and Healhcare Administration
Law and Health Care System Administration.
Law and healthcare system administration
From its earliest conception as a highly paternalistic relationship, "the physician-patient relationship has evolved towards shared decision making. This model respects the patient as an autonomous agent with a right to hold views, to make choices, and to take actions based on personal values and beliefs. Patients have been increasingly entitled to weigh the benefits and risks of alternative treatments, including the alternative of no treatment, and to select the alternative that best promotes their own values" (Physician-patient relationship, 2012, University of Washington School of Medicine). However, in the modern healthcare environment, the dominance of insurance companies has in many ways shifted decision-making to bureaucrats from both patients and physicians. Hospitals often also feel that they must make decisions based more in cost-benefit analysis than compassion they would otherwise like, in terms of allocating scarce…… [Read More]
Law Enforcement Function
• Analyze the influence of the criminal justice model on the structure and mission of a local police department. In other words, how would a police department exhibit different structure and procedures under the crime control model than it would under the due process model?
The influence of the criminal justice model on the structure and mission of a particular police department is indeed significant. The criminal justice model is one which would focus on elements such as the crime control model, as opposed to the due process model, which focuses more on the right of the accused and the right of all individuals to have his or her day in court. A range of strategies are typically used to engage in the crime control model with any level of effectiveness. There's a strong level of reasoning to support this mentality as well, and they all generally…… [Read More]
Consequent to the Holocaust, Israel developed a tradition in treating non-Jews differently from how it behaved toward Jewish people. It appears that Jews were influenced by the nationalist waves that dominated the European landscape during the second half of the twentieth century (Levy and Weiss 7).
The Law of Return did not succeed in doing one of the main things it was expected to-that of increasing the Jewish population in Israel. Instead, it can be said that it is actually responsible for damaging nationalism in Israel through the fact that it influenced numerous non-Jewish individuals in wanting to gain Israelite citizenship. A great deal of immigrants who chose to reside in Israel "were not Jews, but had Jewish relatives that enabled them to immigrate to Israel under the Law of Return" (Levy and Weiss 43). The Law of Return makes it obvious that discrimination based on racial differences is still…… [Read More]
Law to Change
Laws to change
In the United States, laws that criminalize homosexual behaviors are known as sodomy laws. Before 2003, it was illegal to engage in homosexual behaviors. However, in Lawrence v. Texas case, the Supreme Court on June 26, 2003 ruled that adults were free to engage in consensual sex without any form of interference from the government. The Supreme Court put some caveats on state governments' sexual morality legislations. Sodomy laws in states like Kansas, Missouri, Oklahoma, and Texas were subsequently declared unconstitutional. Justice Anthony M. Kennedy of the Supreme Court categorically stated that the gays' entitlement to respect for private life should never be denied and the state should never demean their existence or appear to control their destiny by criminalizing their private sexual conduct (Greenhouse, 2003). The Supreme Court's 5 to 4 decision overturned the 1986 Bowers v. Hardwick ruling that upheld that sodomy…… [Read More]
Law and Morality
Courts should refrain from imposing social values in their interpretation of the law, since doing so can have dangerous consequences.
The imposition of social values through the criminal system is a tempting, but unjustifiable, activity that should be guarded against at every level in the legal system. Generally social values are derived from belief systems, worldviews, or religious preferences. Although notions of right and wrong and moral preferences may be entirely reasonable at the level of the individual, or even a group, however a justice system based on equal treatment under the law has no room for justifying legal proceedings that are based on social values alone since social values are highly subjective to begin with. This analysis will outline some of the dangerous consequences that can occur when subjective interpretations are allowed into legal sphere. Although it can be argued that all judgments have some subjective…… [Read More]
The states must also be ready to either establish tribunals and forums or be ready to create any other form of public institutions that would have the idea of prohibiting inequality and discriminations against women, and that would enforce equality among all members of society, irrespective of their gender. The state must, in addition, be prepared to ensure that all types of discriminations against women be eliminated, whether they are committed by institutions, or by individuals, or by any organizations, or by any enterprises.
The CEDAW provides the basic foundation on which the issue of realizing the equality between men and women can be accomplished, and this is done by creating and ensuring that women have an equal access to political and also to public life, and that women are afforded equal opportunities as men in the fields of economics and politicos, so that women would also be able to…… [Read More]
Law and Human Rights
Is law the solution to human rights problems, or are there better alternatives?
The laws of a nation are designed to protect the rights of the citizens of that nation. They are in place so that a person knows empirically what they are and are not permitted to do. The problem with many nations of the world is that the rights of the citizens are not being protected. There are the individual rights inherent to the culture in question and then there are the more basic human rights which should be available to all people no matter their country, social standing, ethnicity, gender, or any other category which would serve to in any way differentiate one population from another. However, does the creation of laws necessarily indicate that the rights of the citizens are in fact being protected, or are there more efficient and effective ways…… [Read More]
Law Violations in eal Life
There are few crimes in which the statute of limitations will never expire. Among these limited crimes is murder, an offense considered so monstrous that penalties for committing murder range from life imprisonment to the death penalty. In the case of Anthony Sowell, one of America's most recent serial killers, murder was just one of the offenses that he committed. In addition to committing at least eleven murders, for which he was charged, he was also charged rape and kidnapping, felonious assault, and attempted murder (Smith, 2009). For the crimes that he committed, Sowell was sentenced on July 22, 2011 death by lethal injection.
Sowell committed at least three different types of crimes after he was released from prison in 2005 after being charged with attempted rape, rape, and kidnapping for which he was sentenced to 15 years in prison after pleading guilty…… [Read More]
He also provides very interesting passages from London on his own work and the ideological inoculations which have also undermined the value of London's writings.
Ludington, Townsend. "Jack London: Overview." Reference Guide to American Literature. Ed. Jim Kamp. 3rd ed. Detroit: t. James Press, 1994.
Townsend talks about London's background and childhood, as well as his ocialist views, and their influence on his adult life and writings: "London saw himself as an exemplar of the rags-to-riches story, an Anglo-axon superman who succeeded because of his superior intelligence and physical prowess, who took pride in his individualism, yet […] he believed that some form of socialism was the cure for the inequities of capitalist society." It is interesting to note here that Townsend argues that London's heroes are "individualists who survive the challenges of nature and society if they are strong enough, or are defeated if they are not," a personal…… [Read More]
Law Report Case Study
The Supreme Court of New South Wales heard the case Pastizzi Cafe v Hossain in mid-July of 2011. The case involved a variety of different legal issues -- issues that ranged from what constitutes a business partnership to whether a partner can end a corporation on her or his own without the consent of other partners. In this case, the main parties are Deborah Ross, Leonard Ross and Miraj Hossain and the three reached an agreement to create and administer a restaurant called Pastizzi Cafe Pty Ltd. There are a number of unique twists and fact in this particular controversy. To start, there is a Ms Ross who is guarantor of the partnership's initial funding, and she is a shareholder of the corporation as well. There is a Mr. Ross who is not a formal partner (his partnership is on hold for two years due to…… [Read More]
Law and Technological Developments
Justin Ellsworth's parents should not have been given access to his e-mail correspondence. Notwithstanding the court order, Yahoo!'s decision to disclose Mr. Ellsworth's e-mail to his parents seriously compromises privacy rights and is not supported under either a utilitarian or deontological moral framework.
The Utilitarian Perspectives
The international and highly multicultural nature of the software industry can at times assuage feelings of unfair practices, but at other times factions can emerge that claim -- rightly or wrongly -- unfair treatment based on nationality or religion. Women, too, often feel (and often are) undervalued in the software industry, especially in lower-level positions. Wrongful discharge complaints are not as common, but the high level of competition in the industry and the rate of overturn at many companies has led to some significant issues and claims, perhaps more so than in other less competitive industries and organizations.
Closer to Home
At organizations in which this author has more direct experience, the relationship of these legal requirements to human capital management practices and policies has been somewhat more seamless than in other companies within the software industry. As a smaller company with a core group of employees that outsources much…… [Read More]
Law and Quantification
Big Data Policing in the Big Apple. By Ferguson A.G.
The article highlights the concept of predictive policing using data collected and technology in order to deploy crime preventive measures rather than reactive measures to given mapped crime hot spots. The coverage by the author of this topic is well balanced since he looks at both extremes; the ideal situation and the shortcomings that maybe experienced with the technology. The discussion questions that arise from this topic are; 1. Are there future possibilities of this kind of technology to be applied to other remote areas away from the city with the same effectiveness and accuracy as it is in the New York City and other cities that it has been applied. 2. In the event that the hackers get access to this kind of database, what are the stop gap measures that have been put in place…… [Read More]
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…… [Read More]
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
Laws and 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…… [Read More]
Law of Demand
Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.
Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…… [Read More]
Oracle's Stellent application has yet to create more streamlined service creation and management workflows, due mainly to the acquisition taking longer than expected. The integration of the Stellent platform into the broader Oracle 11i platform is also proving to limit 3rd party database support, making the Oracle Stellent ECM suite appear to be moving in a more proprietary direction as a product. As the acquisition was completed in late 2006 and Oracle has made their Service Oriented Architecture (SOA) Fusion their top development priority, the full integration of Oracle Stellent has not progressed as rapidly as planned. As a result, the last factor of customer referenceability, Vignette has a significant advantage as well.
Evaluating ECM systems for use in a law office or practice requires the consideration of several factors that have been explained in this paper. Cost is a secondary consideration relative to the benefits derived from automating…… [Read More]
law comm. tech
Innovations in Database Communication Technologies for Law Enforcement
The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.
Mobile Data Terminals and Facial Recognition:
Both Mobile Data Terminals and…… [Read More]
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]
Law of Demand
The laws of supply and demand dictate how the market functions within an economic society. These laws also affect how commodity pricing is determined and how it may fluctuate depending on the amount of readily available products or services and the intensity of demand for said products and services.
The law of demand stipulates that "other things held constant, as the price of a good increases, the quantity demanded will fall" (Supply and Demand, n.d.). There are several factors that can influence the demand of a commodity including income, the price of related products, consumer tastes and preferences, and expectations. Income helps to determine the quality of a commodity being sold. For example, as an individual's income increases, then it is reasonable to assume that this individual has an increased ability to purchase more goods. If the demand of a good increases proportionately with an income increase,…… [Read More]
"ccording to a 2001 Department of Justice survey, 20% of students aged 12 through 18 reported that street gangs had been present at their school during the previous 6 months. More than a quarter (28%) of students in urban schools reported a street gang presence, and 18% of students in suburban schools and 13% in rural schools reported the presence of street gangs. Public schools reported a much higher percentage of gang presence than private schools." These gangs were often responsible for selling drugs in schools, and used the profits gained from the trafficking of drugs to garner new recruits, soliciting dealers from the student population with the promise of profits. The gangs thus begat violence, just as the users whom they sell their drugs to also begat violence in their attempts to get enough money to buy more drugs.… [Read More]
This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people from…… [Read More]
It also shows how the Natives did not fear their fate.
The story also forces the reader to confront his or her own feelings about death and dying. Some might find the old man's fate barbaric, to be left alone with a pack of wolves to die, but he does not suffer from that worry, he knows he has lived a good life, and that life comes to an end for everyone. It is interesting that he attempts to fight the wolves, and then simply accepts his fate; it is a lesson for the reader that death is not to be feared.
In conclusion, this story is perfect for a sophomore American literature class because London is a representative and talented American writer, he writes of Native American culture with great detail, and the story makes the reader think about death and dying.… [Read More]
While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.
The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]
Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]
Law Enforcement Introduction
The Modern Police Forces
Prior to the formation of the Philadelphia force in 1833, policing primarily consisted of "night watches" and sheriffs recruited from the community (Sabeth). The role of law enforcement was ad hoc in nature to fight crime, night watch patrols, and not an organized or uniform organization. Incidentally, the rural nature of the country did not necessitate an established and robust policing force until the urbanization and industrialization of the 1830s and 1840s. In response to a growing need to maintain law and order on city streets, a significant and visible presence was needed to counter riots and avert crime.
Philadelphia, and later New York, first established polices forces whose jurisdiction and duties were attended twenty-four hours a day (Sabeth). The significance of the modern police force was that it was developed to prevent crime, law enforcement, and maintain order by being visibly present…… [Read More]
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.
Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]
These gratuitous cookies are simply a show of appreciation to the police force in general and enhance the job satisfaction factor for officers.
On the other hand, the Code of Ethics states that "Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law" (n.d.). With this in mind, it would not be acceptable for an officer to accept a free oil change, in exchange for him not reporting the fact that he noticed a stolen car in the back of shop. Even when gratuities are given without a specific 'favor' in mind, it could be implied that that officer will give special treatment to the person at a later date, and for this reason, in general, gratuities should not be accepted.
Code of ethics online.…… [Read More]
"Accountability refers to the mechanisms by which both law enforcement officers and the agencies they serve are held responsible for promoting social order, reducing crime, and treating each individual fairly and within the limits of the law" (Chambliss, 2011). The three dimensions of police accountability are accountability to the public, accountability to the law, and accountability to each other (other members of the police force. If one were to look at the most fundamental dimension of police accountability, such as accountability to the public, one would see just how crucial this is: "It both defines and protects citizens' rights while also promoting a collective sense of faith in the larger criminal justice system" (Chambliss, 2011).
The three E's are "Effectiveness -- whether police accomplish what they are supposed to do: A. Do they effectively control crime? B. Are they successful in arresting offenders? Efficiency-- whether they accomplish their tasks…… [Read More]
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]
Forms of marriage that should be legally banned
ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.
Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]
If the facts support its position, the hospital will argue that it was not negligent in hiring Dr. Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the defect that actually caused Karl's injuries and not…… [Read More]
11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.
5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]
Law Enforcement Communications
Interoperability of Emergency Service Communications
The number and scope of each individual emergency and public safety agency has resulted in an ad hoc patchwork of communication equipment. Routine daily needs within one agency for clear and concise communication fall short of readiness for large-scale emergencies involving either multiple services or jurisdictions. The current budgeting autonomy of each public service department has resulted in a many agencies with antiquated equipment, while others posses more modern tools, that may sufficiently serve current needs, yet is clearly inadequate for more common emergencies like large fires or traffic pile ups. However, interoperability, the capability to communicate across different gear, radio frequencies, and standardization, both limits and delays the response time, as well as effectiveness, of each individual. hen emergencies entail injuries and danger, timely command and communication of resources may be the difference between life and death.
The video, "hy Can't…… [Read More]
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
Hot Pursuit Policy
The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.
1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…… [Read More]
Specifically, perimeter security requires protocols for continuous monitoring of the entire perimeter, especially in conjunction with responding to potential breaches in any given sector (McGee 2006). Grounds and perimeter security also requires scenario-based training in conjunction with non-security-related emergency procedures. Specifically, periodic emergency drills involving building tenants and personnel may present a vulnerability where grounds and perimeter security procedures are not equipped to accommodate larger than normal volumes of foot traffic, such as typically associated with fire drills.
Optimal grounds and perimeter security protocols must include procedures for accommodating the increased traffic necessitated by non-security-related emergency drills without compromising general grounds and perimeter security considerations. For the same reason, information detailing emergency drill schedules must be protected from unauthorized access or unnecessary dissemination in advance (Larson 2007).
The primary technological advances in physical facility, building, grounds, and perimeter security relate to computerization of relevant security information and its…… [Read More]
With certain luxury goods, the reverse of the law of demand holds true: the higher the price, the greater the perception of quality. A pair of Seven jeans or a pair of Sears jeans can be equally functional as clothing: but the greater social status given to the brand-name, designer jeans results in a higher price and greater demand for Seven jeans (Elasticity, 2009, Spark Notes, p.1). High prices can have a 'signaling' effect, justified or not, that the item is especially socially desirable or of higher quality (Thomas et al. 2004). High prices can also act as a form of screening of a 'certain type of customer:' the high rents in the Hamptons ensure that only very wealthy people can afford to rent or buy property in the area, making property in the region desirable because of its high price, although many other nice, seaside towns may be…… [Read More]
Training programs for traffic homicide investigators usually include the following areas: speed estimates from kinetic energy, skid marks, scuffmarks and airborne situations, vehicle dynamics and motion, time, distance and motion equations, conservation of momentum calculations, diagramming vehicle damage, vehicle damage analysis explaining thrust, center of mass, overlap and collapse, vehicle lamp examination, tire damage evaluation, advanced photography and video techniques and vector sum analysis (Advanced Traffic Crash Investigation, n.d.).
All of these areas are important in order for an investigator to be successful in traffic homicide investigations.
Advanced Traffic Crash Investigation. (n.d.). etrieved September 13, 2009, from Tennessee
Traffic Safety esource Service Web site:
Byrd, Mike. (2000). Crash. etrieved September 13, 2009, from Web site: http://www.crime-scene-investigator.net/crash.html… [Read More]
For example, the motorized wheelchair elevator of the transport vehicle may take equally long in both directions but the protectee need not be on scene while the elevator platform descends. By delaying the exit of the protectee from the departure location until the transport vehicle elevator is already in the down position and prepared for immediate ascent, the protection agent can reduce the protectee's exposure my more than half in comparison to positioning the protectee outside the transport vehicle while the wheelchair lift elevator descends into the bottom position. The prospect of protecting a wheelchair- bound protectee necessarily adds at least one agent to the protective protocol because an agent (rather than a non-agent assistant or nurse) must control the wheelchair; but the rear position eliminates that agent from any traditional position as a protective shield.
In general, protectees with delicate medical conditions who require perpetual care necessarily…… [Read More]
Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.
4. What is discovery and what are the methods to obtain this information?
Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…… [Read More]
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]
One of these areas is religion, as Hobbes argues that religion must be something over which those who are operating society must have control in order to keep the people moving in the direction which society has determined is correct.
That, however, is difficult to enforce, since people are often not willing to change what they truly believe just because they may have been told that they should.
They may pretend to believe a certain way in order to get the societal protections that come along with that belief, but that does not change their true nature, and the natural law by which they are operating on a very base level. It is, in some ways, akin to committing a crime in that they know there would be societal consequences but they believe so strongly about something that they are not willing to change for society. Instead of changing, and…… [Read More]
Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if there is such a contract. As courts dictates the terms of how these promises should be implemented, they use this doctrine to enforce contract on the agreement in the interest of fairness. Notably, this doctrine emerges when injustice can be prevented only by the enforcement of a promise that could be unenforceable due to lack of consideration. In most cases, promissory estoppels doctrine is applicable in the context of charitable donations.
When this law doctrine is used, the promisee's reliance is regarded as an adequate and independent basis with which the promise is enforced. As a result, the doctrine can be seen as a legal advice that…… [Read More]
trade libel is fair to business owners. Argue both sides of the issue.
From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover a recent scar from a liver transplant. He asked security not to remove it and they insisted. This is a clear violation, as the security at Wal Mart has no right to conduct these activities. Instead, they should have detained the person and contacted the police. (Statsky, 2011)
Wal Mart will argue that shoplifting is a major problem and they were following proper procedures. This occurs by bring the subject into an isolated area and checking them. After they have…… [Read More]