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Changes in Legislation
Comment by Sabina:
Changes in Legislation
As mayor of a city it is important to ensure the residents in city are safe and are being protected from foreseen harm. As leader of a city it is important to analyze the upcoming events and predict possible dangers. I was notified there would be a political demonstration in a public city park, showing support for changes in immigration policies in fifteen weeks. I was also advice that the opposition would be there to create a counter demonstration at the rally. I am extremely concerned for the safety of the public and police offers, since there is a high risk of violence at this rally. As the mayor I feel it is my obligation to take action to prevent this demonstration from occurring. An emergency change in legislation must be created to prohibit this demonstration from occurring as scheduled.…
Digger (2007). Free speech denied for rally against illegal immigration in Lakewood, NJ. Retrieved from http://www.diggersrealm.com/mt/archives/002507.html
Office of Censorship. (2007). Censorship. Retrieved from http://188.8.131.52:8080/EPSessionID=e10e5266e13c03ede6c72fc989d022/EPHost=credoreference.com/EPPath/entry.do?id=9646871
Mackey, D. (2001). The Bush faith-based initiative: Don't muffle the church's prophetic voice. Church and State. 54 (5)
Legislation Pertaining to Foreign Nurses Practicing in the United States
Discuss the process that this legislation will go through, referencing the steps to the legislative and administrative process
The Rural and Urban Health Care Act of 2001 (S 1259 and HR 2705) dramatically expanded the existing H-1C temporary nursing visa program established in 1999. Before, there were only three ways that foreign-educated nurses could get permission to enter the United States to practice their profession. The first was by obtaining a permanent visa, which was solely for those nurses who want to become residents of the United States. The second was by obtaining a temporary visa, for those nurses who only desired to work in the United States for specified, usually limited periods of time. (Trossman, 2002) The last method was under negotiated trade agreements, such as the North American Free Trade Agreement. During NAFTA,
Discuss the history or similar…
Flaherty, Megan (March 15, 1999) "Nurses with Visas." NurseWeek/HealthWeek. Retrieved 29 Oct 2005 at http://www.nurseweek.com/features/99-3/visas.html
Morgan, Leslie. (6 Dec 1997) "Legislation would allow international nurses to work in understaffed U.S. hospitals. NurseWeek/HealthWeek. Retrieved 29 Oct 2005 at http://www.nurseweek.com/features/97-12/rxforrn.html
Trossman, Susan. (Mar 2002) "The Global Reach of the Nursing Shortage
The ANA questions the ethics of luring foreign-educated nurses to the United States.
Legislation on Foreign Nurses Practicing in the United States
Acute shortage of registered nurses is a grave problem faced by most hospitals in the United States. This problem is aggravated by the increasing demand for healthcare caused by a nation with an aging population. Around 1/3rd of the registered nurses in the country are over fifty. Estimates show that most hospitals are struggling with an average 15% vacancy for RN being left unfilled. Projections indicate that the situation is slated to worsen further resulting in around 20% deficit of nurses by 2020. [Gorenberg]. To solve this crisis, many health care centers in the country aggressively recruited nurses from foreign countries. The result was a surge in migration of nurses from many countries like Philippines, Canada, India, Nigeria, etc. Pressed by concerns regarding quality standards of these foreign nurses, the Department of Homeland security implemented new regulations by adding section 343…
1) Immigration Specialties, " Congressional Activity on Nurse Shortage,"
Accessed on Oct 25th 2005,
2) Lorraine Steefel, " Bridges or Barriers: Will New Certification Rules for Foreign Nurses Protect
Legislation of Foreign Nurses Practicing in the United States
The United States Health Care system is undergoing a major crisis of nurse-staffing shortage. A survey conducted by the American Hospital Association -- AHA of 715 hospitals performed during spring 2001 showed that a vacancy of 126,000 positions of registered nurses prevails through out the nation. The International Council of Nurses -- ICN, a federation of 125 nursing organizations indicated it to be a global problem. In order to meet the staff requirements, the U.S. health care facilities, both individually and in collaboration are persistently demanding the state and federal law makers to smoothen the restrictions in both the state regulations and U.S. immigration law to permit an increased influx of foreign-educated nurses. (Trossman, 2002)
Cheryl Peterson, MSN, egistered Nurse, a senior policy fellow in the practice department of ANA reveals that there are three primary modes that foreign educated nurses…
"All Foreign Healthcare Workers Must Re-certify" Retrieved from http://www.pulsehr.com/Resources/US_Nursing_Visa_Immigration_Certification_Latest_News.htm Accessed 3 October, 2005
Maddox, P.J. (Dec. 31, 1998) "Administrative Ethics and the Allocation of Scarce
Resources" Online Journal of Issues in Nursing. Retrieved from http://www.nursingworld.org/ojin/topic8/topic8_5.htm Accessed 4 October, 2005
"Position Statement on Recruitment and Rights of Foreign Nurses" Retrieved from http://www.aft.org/topics/immig-healthcare/ImmigRts_10_03.pdf
Legislation and standards affecting IT auditing
The Audit Quality Forum was established with the primary purpose of reinforcing confidence in financial reporting. Statutory auditing promotes confidence because auditors are likely to give external and objective opinions on the presentation and preparation of financial statements. Auditors are required to be independent in opinions expressed, and their work is greatly based on real world. This is challenging in particular national settings. ecently, standard setters, audit practitioners, and regulators embraced significant steps in enhancing confidence within quality of financial statement audits, considering the challenges faced in leading capital markets. IT auditing is critical to any organization. The existence of legislations and standards has ensured that auditors offer independent opinions and that their work is greatly based on real world. This study however shows that this is challenging in some situations as seen in the comparisons provided.
Latest initiatives have focused on an international…
Bagshaw, K. (2013). Audit and assurance: Essentials for professional accountancy exams. Hoboken, N.J: Wiley.
Bode, S. (2007). The problems of international auditing harmonisation. Mu-nchen: GRIN Verlag.
Collings, S. (2011). Interpretation and application of international standards on auditing. Chichester: Wiley.
Cascarino, R., & Van, E.S. (2007). Internal auditing: An integrated approach. Lansdowne, South Africa: Juta.
In general, the CDT urges the enactment of legislation organized around FIPs. Such practices are guided by certain principles: transparency; individual participation; purpose specification; data minimization; use limitation; data quality and integrity; security; accountability and auditing. (CDT Comments, 10-11). These principles have been at the heart of privacy legislation since the Privacy Act of 1974. (Dep't of Homeland Security).
For example, the CDT advocates for consumer privacy legislation that regulates both the online and offline data collection and management practices by advertisers and that authorizes the Federal Trade Commission to make regulations specifically targeted at these practices. (CDT Comments, 3). With respect to DPI, the CDT has asked Congress and the European Union to engage in fact-finding about how ISPs are using DPI, so that privacy legislation can be designed to distinguish between the legitimate and illegitimate uses of DPI. (CDT Comments, 5-6)
The only thing consistent about the…
Center for Democracy and Technlogy. Comments of the Center for Democracy and Technology to the European Commission on the Matter of the Consultation on the Legal Framework for the Fundamental Right to Protection of Personal Data. December 31, 2009. Accessed on June 1, 2010 at http://www.cdt.org/issue/baseline-privacy-legislation
Federal Trade Commission. Privacy Online: Fair Information Practices in the Electronic Marketplace. 2000.
Federal Trade Commission. 2010. Enforcing Privacy Promises: Section 5 of the FTC Act. Web. Accessed on June 2, 2010 at http://www.ftc.gov/privacy/privacyinitiatives/promises.html .
Federal Trade Commission. 2010. The Gramm-Leach-Bliley Act. Accessed on June 2, 2010 at http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Healthcare Information Systems Legislation Since 2000
Health information technology has become a topic of discussion for healthcare organizations, professionals, and lawmakers in recent years as the government consigns tax dollars and presents legislation that will make new healthcare information systems more affordable and available over the coming years. Healthcare information systems innovators are also trying to design systems that are more user friendly and comply with the needs of multiple organizations. In 2004, President Bush signed an executive order which set a ten-year window on developing and implementing electronic health records systems across the United States (EHealthWV, 2004). Healthcare information technology had already been addressed in the HIPAA standards, some of which became law in 2001 and 2003 (Maruca, 2010). State legislatures began a concerted effort to address the issue of electronic healthcare systems in 2007, a year in which "74 bills were passed in 39 states and…
EHealthWV. (2004). Health information technology backgrounder. Retrieved from http://www.ehealthwv.org/shared/content/ehealth_wv_files/EHR- Backgrounder_%5B7%5D.pdf
HIMSS. (2009). The American Recovery and Reinvestment Act of 2009: Summary of key health information technology provisions. Retrieved from http://www.himss.org/content/files/HIMSS_SummaryOfARRA.pdf
Health Information Technology Champions (HITCh). (2007). 2007 enacted legislation on health information technology. Retrieved from http://www.ncsl.org/issues - research/health/2007-enacted-health-information-technology-legisla.aspx
Maruca, W. (2010). HIPAA and HIT changes in Patient Protection and Affordable Care Act. Retrieved from http://hipaahealthlaw.foxrothschild.com/2010/03/articles/health-reform/hipaa-and - hit-changes-in-patient-protection-and-affordable-care-act/
legislation related to your area of interest in human services. Explain how the legislation has impacted human services and in particular your area of interest. Include how it affects client services in this area. Be specific and provide examples.
Main iscussion Post
The implementation of mandatory arrest laws in regards to domestic violence has generated a lot of debate. These laws require an officer to make an arrest if they have probable cause that domestic violence has taken place. uring the mid to late 1980's a number of states put into practice these laws as an attempt to fight domestic violence and to control police actions. However, research on the helpfulness of these laws has yielded mixed results. There is no apparent agreement among researchers, activists, victim's rights advocates, policymakers, and law enforcement officials on the effects that mandatory arrest policies have for victims of domestic violence. Therefore, the verdict…
Domestic violence treatment programs have historically been designed for men who have been, or are at risk for becoming violent with an intimate partner. With the recent introduction of mandatory arrest laws for domestic violence, treatment programs around the country have flourished in response to the growing need for services of court-mandated clients. In addition, women who have been arrested for domestic violence are also frequently referred for mandatory treatment. In most programs, family safety remains a main and immediate concern, however while this goal is frequently sought after the approach and fundamental rationale may differ considerably from program to program, based on the resources that are available (Sonkin, n.d.).
The dynamics of domestic violence are varied and complex. Effective treatment should be based on a careful clinical evaluation and tailored to the psychological and social needs of both the abuser and the partner. Above all, treatment services should be based on sound scientific research and the best practices of the counseling profession (Why Have Domestic Violence Programs Failed to Stop Partner Abuse, 2008). Unfortunately this has not been the case since the passage of mandatory arrest laws.
Along with the mandatory arrest laws there has been an increase of court mandated treatment for which many treatment programs were not prepared. Treatment programs have found themselves overwhelmed with clients and with a shortage of funds in order to provide the services that are needed. This has led to ineffective outcomes in many programs because they lack the personnel along with other resources in order to be successful. Unfortunately research has shown that the mandatory arrest laws and court
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an existing company that for at least ONE year has had at least one subsidiary in another member state
(c) the formation of a parent company where each of at least two of the companies is governed by the laws of different member states.
(37) What is the minimum share capital required to convert to an SE?
(a) 120,000 Euros
(b) 200,000 Euros
(c) 300,000 Euros
(d) There is no capital requirement to convert to an SE
(38) the process of registration includes the following EXCEPT:
(a) Bank Accounts must be established after notarization of the Articles of Association
(b) Cash Contributions must be paid AFTER corporate registration
(c) Directors must…
Consumer's Privacy Bill Of ights
The Obama Administration proposed the Consumer's Privacy Bill of ights in 2012 as a roadmap for future legislation. The legislation was put forth on the premise that a huge portion of personal information gathered by American-based businesses regarding their customers and probable customers was still mostly unregulated (Sanders, 2012). In the past few years, the privacy of consumer information that is collected by businesses has been an issue that has attracted considerable debates and huge concerns. This is primarily because United States citizens have always valued their privacy. Actually, from the beginning of the republic, they have always been guaranteed protection against any violation of privacy, especially in relation to interruption of personal information and property.
Consumer privacy has become an issue of considerable attention in today's society because of the increased use of the Internet, particularly smart phones and the World Wide Web. The…
"Consumer Data Privacy in a Network World." (2012, February). A Framework for Protecting
Privacy and Promoting Innovation in the Global Digital Economy. Retrieved from The White House website: http://www.whitehouse.gov/sites/default/files/privacy-final.pdf
Kerry, C.F. (2014, July 2). The Future of Privacy and Regulation. Retrieved January 21, 2015,
authority to legislate is derived. Determine whether or not Congress has unreasonably and unlawfully expanded upon an identified source's authority to legislate. Provide a rationale for your response.
Congress is one authority which has the ability to legislate. The executive branch of government (the President) is another authority to legislate. These authorities have the ability to move a bill which has been proposed for legislation forward or backward.
One arena where congress has been accused of unlawfully and unreasonably expanding upon a source's authority to legislate was via immigration amnesty. "The Immigration eform and Control Act of 1986 (ICA) was enacted by Congress in response to the large and rapidly growing illegal alien population in the United States. The final bill was the result of a dramatic compromise between those who wanted to reduce illegal immigration into the United States and those who wanted to "wipe the slate clean" for…
Numbersusa.cpm. (n.d.). Dictum. Retrieved from numbersusa.com: https://www.numbersusa.com/content/learn/illegal-immigration/seven-amnesties-passed-congress.html
Silman, J. (2014, June). Killer Gets Maximum Sentence. Retrieved from tampabay.com: http://www.tampabay.com/news/courts/criminal/killer-gets-maximum-sentence-as-story-fails-to-sway-judge/2159595
USAv.Pressley. (1996). UNITED STATES of America, Plaintiff-Appellee, v. Dewayne PRESSLEY, Defendant-Appellant. . Retrieved from findlaw.com: http://caselaw.findlaw.com/us-7th-circuit/1368169.html
Thus, as this initial object is almost impossible to fully achieve, Bentham argues that the subordinate goals of any given justice system should be "if a man must needs to commit an offence of some kind or other […] to induce him […] to choose always the least mischievous of two offences that will either of them suit his purpose," "to dispose him to do no more misheif than is neccesary to his purpose," and finally, to do all of this for cheaply as possible (Bentham 62-63). These subordinate objects are quite revolutionary in that they acknowledge the nuances of human behavior and thought processes by arguing that punishment should be focused not only on preventing offenses, but where that fails, on encouraging individuals to engage in the least destructive offenses possible to meet their desired ends. This is important to note because it demonstrates why Bentham's theory offers a…
Bentham, Jeremy. "An Introduction to the Principles of Morals and Legislation." Why Punish?
How Much? A reader on punishment. Ed. Michael Tonry. Oxford: Oxford University
Press, 2011. 51-70. Print.
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…
Knowledge of e-crime from the perspective of crime science is insufficient in devolution of the problem, which cuts across various sections of social interaction through computers. There is a limitation in the forensic and social / legal exploration of information technology aspects and that is the possible cause of the limitations of the jurisdictions of the computer crime legislation, creating the insufficiency in the fulfillment of its purpose (Tonry 2009 p. 20-350).
The legislation approaches the infringement of the social precepts of technology without any consideration of social remedies. The use of police in regulation of operations is limiting because they may not have the capacity for gauging the extent of computer damage. It is logical considering the sensitivity of pro-social individuals, and their possibility of taking up their responsibilities. Social norms revolve around consideration of others and create a sense of mindfulness and consideration of activities (Humphreys 2007 p.…
'a Comparative Study of Cyberattacks' 2012, Communications of the ACM, 55, 3, pp. 66-73, Academic Search Complete, EBSCOhost, viewed 20 August 2012.
Assange, J., & Dreyufus, S. (2011). Underground tales of hacking, madness and obsession on the electronic frontier. Edinburgh, Canongate. 56. Print.
Assange, J., & Dreyufus, S. (2011). Underground. North Sydney, N.S.W., Random House Australia. 23-150. Print.
Foltz, C, & Renwick, J 2011, 'Information Systems Security and Computer Crime in the IS Curriculum: A Detailed Examination', Journal of Education for Business, 86, 2, pp. 119-125, Academic Search Complete, EBSCOhost, viewed 20 August 2012.
Health and Safety Legislation in elation to Employee Protection for Accidents at Work
Every individual within a workplace environment has the legal rights to protection against any work related risk, which may arise on the course of duty performance. Generally, the employees' health and safety legislation impose a range of duties to both employers and employees. The employees' health and safety guides apply to the self-employed as well as the diverse categories of employees such as manufacturers, designers, and suppliers. In different states, the legislation expresses a wide-based duty guideline within the Health and Safety at Work Acts. These regulations or acts are further spelt out in details within the subsidiary regulations, including those dealing with health and safety management, accident and/or risk management (Johnson & Geraldine, 2013, p. 57), as well as other emerging issues specific to health and safety of employees at work. This paper aims at providing…
Chamberlin, K.W., Cottle, M. & Neville, R. (2007).Responsibilities in notifying accidents to the health and safety authorities.Health and Safety Management, 4(3), 67-78.
Hansson, P. (2008). Employment laws and employee accident claims. Employment, Safety and Health, 14(5), 27-42.
Johnson, W.B. & Geraldine, C.K. (2013).The management of health, safety and welfare of employees at work.Employment Rights and Conditions, 3(1), 56-68.
Occupational Health and Safety Act (2000).Workplace injuries management and workers compensation.Journal of Employees' Safety and Health, 73(4), 78-97.
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…
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.
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
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).
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.…
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.
Gun Control Legislation
The Gun Control Debate & Gun Control Legislation
With reference to the U.S. Constitution, which guarantees the right to the lawful possession of firearms to private citizens as well as with reference to law & economic journals, the paper will explore the gun control debate and the network of related issues. People who are not in favor of the use of guns and favor austere gun control legislation often argue that guns do not kill people; people kill people. People who are law abiding and moral have guns because it is their right; people who are of weak character and lack ethics have guns because it is their right. Gun possession is a fact of life making gun control legislation and regulation an absolute necessity; it is not the job of the law to judge a citizen's character, but rather it is the job of the law…
Cornell, S., & DeDino, N. (2004) A Well Regulated Right: The Early American Origins of Gun Control. Fordham Law Review, 73(2), 487 -- 523.
Krouse, W.J. (2012) Gun Control Legislation. Congressional Research Service, Available from www.crs.gov. 2012 June 21.
McClurg, A.J. (1992) The Rhetoric of Gun Control. The American University Law Review, 42(53), 54 -- 116.
Parker, J.S. (2001) Guns, Crime, and Academics: Some Reflections on the Gun Control Debate. Journal of Law and Economics, 44(2), 715 -- 724.
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…
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…
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. http://www.dol.gov/whd/flsa/#.UMrWpXPjmjc
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…
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.
Even so, it has been argued that the limitation of liberties does not necessarily help the war on terror.
Given the nature of the legislation, which includes limitations on freedom of expression or transportation, the society is most of the times limited in its enthusiasm. In this sense, members of Parliaments throughout the world draw the attention on the fact that anti-terrorism laws have infringed the freedom of speech, the liberties of the societies, but most importantly they interfere in the right to privacy of the community (Conservative Home, 2010). Moreover, the right of the state to hold in custody without warrant suspects of terrorist acts is also one of the most important statements made against the Miranda rights and the rights of a suspect.
Academics and experts have consider the fight against terrorism to be important precisely for the protection of human rights, the most important being the right…
Conservative Home. Labour's increasingly draconian anti-terrorism laws questioned by cross-party parliamentary committee. 2010. Available at http://conservativehome.blogs.com/leftwatch/2010/03/labours-increasingly-draconian-antiterrorism-laws-questioned-by-crossparty-parliamentary-committee.html
Mark Juergensmeyer. "Undestanding the New Terrorism." Current History (April 2000), pg 158-163.
Schmitt. Michael N. "Counter-Terrorism and the Use of Force in International Law." The Marshall Center Papers, No. 5. The George C. Marshall European Center for Security Studies.
Wardlaw, Grant. Political terrorism: theory, tactics, and counter-measures. Press Syndicate University of Cambridge, 1989.
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…
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 ).
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…
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…
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
Sarbanes-Oxley Legislation: Pros and Cons
According to some analysts, despite its costs, Sarbanes-Oxley legislation had some potential benefits for organizations: the additional documentation has amounted to a kind of enforced 'best practices' analysis. It "allows for complete documentation of processes identifying any gaps in a desired 'Best Practices' state" and offers an "opportunity to rethink old processes -- you may be using 10-year-old processes that don't offer your department maximum effectiveness in today's tax environment. Consider what can be done a better way? What have you been hoping to change, but haven't yet found the opportunity or reason to act?" (Guelker 2004). The 21st century frenzy of mergers and acquisitions which can make such best practices opaque to management in a highly bureaucratic organization make this even more pertinent -- leaders must have a clear idea of how organizations are managed to both prevent fraud allegations under SOX…
Beasley, M. & Hermanson, D. (2004).Going beyond Sarbanes-Oxley compliance: Five keys to creating value. CPA Journal. Retrieved from:
Coenen, T. (2010). Fraud files: How well does Sarbanes-Oxley reduce fraud risk? Daily
Finance. Retrieved from: http://www.dailyfinance.com/2010/07/16/fraud-files-how-well-does-sarbanes-oxley-reduce-fraud-risk/
Federal Legislation and Impact to the eal Estate Market
Federal Legislation and Impact to the eal Estate
The Constitution was written to outline the limits of the federal government, to protect the people and to protect the people from government. The government is also obligated to ensure that all people have the opportunity to acquire property by ensuring the housing market is free from discriminatory and predatory practices. For these reasons I support federal government efforts to regulate the housing arena to ensure fairness, accessibility and equity in the market. I also support the federal government role in efforts to restore the market and to provide resources and assistance to help avoid foreclosure. For example, the Fair Housing Act was enacted in 1968 to "remove the walls of discrimination which enclose minority groups" to address the rampant issue of racial segregation in both public and private housing. I believe this…
Collins, Michelle. "Opening Doors to Fair Housing: Enforcing the Affirmatively Further Provision of the Fair Housing Act Through 42 U.S.C § 1983" Columbia Law Review Vol. 110:2135-2010: 2137-2183.
Washington, DC. Department of Treasury. Reforming America's Housing Finance Market: A Report to Congress. 2011.
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…
hen then Governor George allace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group (Modern 157).
Nine days after the assassination of King on April 4, 1968, Johnson signed the Civil Rights Act of 1968, which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, thus adding protection for civil rights workers and others (Modern 157). Additional legislation added enforcement provisions to the federal government's rules concerning discriminatory mortgage-lending practices, which means that all lenders must report to the…
Modern Civil Rights Legislation. Pp. 156, 157, 158, 159.
History Of Discrimination From Legislation to the Present Day
There are various form of discrimination that have been in existence over the decades, racism is just one of the oldest and most prevailing kind of discrimination. acism is the belief that a race of people is inferior to another. Various practices in the U.S. are seen to be motivated by racism and these include the slave trade where humans are treated as property that is disposable, without any rights and privileges. It was mainly practiced in southern U.S. until the civil war when it was outlawed by the 13th amendment. Job discrimination is also widespread and involves exclusion of people from jobs due to their race which was outlawed on a national level in 1964.segregaton in public places, schools, sports and other places was also in existence but was outlawed in 1964. Denial of voting rights like literacy tests, poll…
NSW Business Chamber.(2012). Vicarious Liability. Retrieved February 12, 2014 from http://www.workplaceinfo.com.au/resources/employment-topics-a-z/vicarious-liability
Naomi, A, L.(2009).Motivational strategies and their impact on productivity. Retrieved February 12,2014 from http://dspace.knust.edu.gh:8080/jspui/bitstream/123456789/4257/1/Aryeetey%20Loretta%20Naomi.pdf
Fair work Ombudsman.(2012).Types of Discrimination. Retrieved February 12, 2014 from http://www.fairwork.gov.au/employment/discrimination/pages/types-of-discrimination.aspx
20, California Street Terrorism Enforcement and Prevention Act, STEP Act California 186.20 (http://www.streetgangs.com/laws/stepact.html)," as well as any community that has a disproportionate juvenile arrest rate, or a high percentage of gang related criminal activity or a high number of gang affiliated acts of violence.
The Act hopes to reduce crimes of violence committed by gang members by alerting local law enforcement to their identity thereby reducing their feelings of anonymity in committing those crimes.
The Act also supports funding for the purpose of education and offering counseling and other services to current and past gang members in the hopes they will decide to leave the gang and become a productive member of society.
The gang problem is a serious one in which the dynamics create a cycle of feeling alone, finding a "family" in the gang membership, committing acts of violence for the gang and becoming incarcerated. The legislative…
California 186.20, California Street Terrorism Enforcement and Prevention Act, STEP Act California 186.20 (Accessed 11-04-06)
California 213. Punishment for Robbery (accessed 11-04-06)
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…
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
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…
These Acts, along with the Quebec Act, which extended the southern boundary of Canada into territories claimed by Massachusetts, Connecticut and Virginia, proved to be the last straw and hurtled the country into the Revolutionary ar ("Intolerable Acts").
Although it is still debatable whether the American independence from the British was inevitable, there is hardly any doubt that the required the series of legislation enacted by the British Parliament between 1764 and1774, outlined in this essay, served to greatly antagonize the American colonists. Almost all measures taken to tax the American colonies and tighten British administrative control met with resentment and, ultimately, open hostility. These measures proved to be a major reason for the Revolutionary ar, and eventual independence of America.
America During the Age of Revolution, 1764-1775." The Library of Congress. http://memory.loc.gov/ammem/collections/continental/timeline.html
British Actions After the French Indian ar." Multied.com. November 26, 2008. http://www.multied.com/Revolt/sugart.html
America During the Age of Revolution, 1764-1775." The Library of Congress. http://memory.loc.gov/ammem/collections/continental/timeline.html
British Actions After the French Indian War." Multied.com. November 26, 2008. http://www.multied.com/Revolt/sugart.html
Cogliano, Francis D. "Was the American Revolution Inevitable?" April, 2001. November 26, 2008. BBC Web site. http://www.bbc.co.uk/history/british/empire_seapower/american_revolution_01.shtml
Intolerable Acts." Microsoft Encarta Online Encyclopedia 2008. November 26, 2008. http://encarta.msn.com/encnet/refpages/RefArticle.aspx?refid=761579222
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.
Sarbanes-Oxley legislation's effect on IT Companies
Public Company Accounting Reform and Investor Protection Act of 2002 (the Sarbanes-Oxley Act) was an attempt by regulators to increase transparency and accountability in business processes and corporate accounting to restore confidence in public markets. (Logan and Mogull, 2003) One optimistic article published in the wake of the 2002 Sarbanes-Oxley legislation stated that "new personal responsibility" for companies' financial accountability could benefit chief executive and financial officers by increasing trust and thus increasing revenue for corporate America in the long-term. (PR Newswire, 2002) But James O'Brien notes in his 2002 textbook on Management Information Systems, that the act was passed in the wake of the Enron scandal, not to help corporate America, but to protect the consumer.
Although spawned by an oil scandal, it affects all companies. The act was not specifically passed to regulate oil, IT or any specific companies in any specific…
Logan, Debra and Mogull, Rich. (October 2003) "Sarbanes-Oxley: Technology." Retrieved on October 7, 2004 at http://www3.gartner.com/DisplayDocument-doc_cd=117875
PR Newswire (2002) "Sarbanes-Oxley legislation can boot efficiency" Retrieved on October 7, 2004 at http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/08-30-2004/0002240594&EDATE=
O'Brien, James. (2004) Management information Systems: Managing Information Technology. Sixth Edition. New York: McGraw Hill.
Zrismick, Brian, et al. (2002) "Sarbanes-Oxley Affecting ERO/Financial Applications." Retrieved on October 7, 2004 at http://www3.gartner.com/DisplayDocument-doc_cd=117415
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.
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…
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
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…
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
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…
Blake, V. (2012, November). The Constitutionality of the Affordable Care Act: An Update. AMA Journal of Ethics. Retrieved from https://journalofethics.ama-assn.org/article/constitutionality-affordable-care-act-update/2012-11
Campbell, A.L. & Shore-Sheppard, L. (2020, July). The Social, Political, and Economic Effects of the Affordable Care Act: Introduction to the Issue. The Russell Sage Foundation Journal of the Social Sciences, 6(2), 1-40.
Geruso, M. & Layton, T.J. (2017). Selection in Health Insurance Markets and Its Policy Remedies. Journal of Economic Perspectives, 31(4), 23-50.
Goldstein, A. (2019, December 19). Individual Mandate Ruled Unconstitutional, ACA in Limbo. The Washington Post. Retrieved February 12, 2021, from https://www.washingtonpost.com/health/appeals-court-rules-acas-individual-mandate-unconstitutional-lower-court-to-decide-whether-rest-of-law-can-stand-without-it/2019/12/18/3443fd3e-c03c-11e9-b873-63ace636af08_story.html
Hackmann, M.B., Kolstad, J.T. & Kowalski, A.E. (2015, March). Adverse Selection and an Individual Mandate: When Theory Meets Practice. American Economic Review, 105(3), 1030-1066.
Keith, K. (2018, February 28). State Lawsuit Claims That Individual Mandate Penalty Repeal Should Topple Entire ACA. Health Affairs. Retrieved January 14, 2021, from https://www.healthaffairs.org/do/10.1377/hblog20180228.852626/full/
Roy, A. (2012). The Tortuous History of Conservatives and the Individual Mandate. Forbes. Retrieved February 12, 2021, from https://www.forbes.com/sites/theapothecary/2012/02/07/the-tortuous-conservative-history-of-the-individual-mandate/?sh=7514bd6a55fe
Sheikh, S.A. (2007, January). The Importance of Ethics in Health Care System. Journal of the Dow University of Health Sciences, 1(1), 46-48.
As previously mentioned, Cameron and many others have posited a new Bill of ights and the abandonment of the Human ights Act which many have argued does not provide clear articulation for the rights and responsibilities of Britain's citizenry, and fails to address issues specific to counter-terrorism. Erdos, in his 2009 article, "Ideology, Power Orientation and Policy Drag: Explaining the Elite Politics of Britain's Bill of ights Debate" posits that the formalized legal strength of the Bill of rights is contingent particularly on the legalities and the legal status of the rights it establishes; especially as it relates to whether the rights are considered 'supreme' against other law, and the magnitude and degree to which judicial decision and the instrument made under it are established against repeal (Erdos, 2009).
Britain is said to have a history of distrust with regard to a Bill of ights particularly as it relates to…
Bingham, T. 2009, 'the European convention on human rights: time to incorporate', Law
Quarterly Review, vol. 109, pp. 390-400.
Cameron, D. 2006, 'Balancing freedom and security: a modern British Bill of Rights', London Centre for Policy Studies.
Dicey, A.V. 1959, 'The introduction to the study of the law of the constitution' (10th edn), London: MacMillan.
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 (…
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.
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…
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…
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-
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…
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
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,…
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 .
civil rights legislation that seeks to safeguard individuals with disabilities from discrimination and guarantees that disabled children have equal access to an education. However, every child may be entitled for special education and associated services under Individuals with Disabilities Education Act (IDEA). One of the major issues with the two legislations is that entitlement to special education and associated services under IDEA and entitlement for protection under Section 504 are not disability-specific. This contributes to concern on who is entitled for protections under Section 504 but not within IDEA.
The determinations of eligibility for special education and associated services and for protection from discrimination are specific to every disabled child. The knowledge of IDEA and Section 504, especially their execution regulations, is usually necessary for obtaining suitable education for children with disabilities. Every child eligible for special education services under the IDEA statute is safeguarded under Section 504. This implies…
Rosenfeld, S.J. (n.d). Section 504 and IDEA: Basic Similarities and Differences. Retrieved April
25, 2013, from http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html
"Who is Eligible for Protections Under Section 504 & #8230; but Not Under IDEA?" (2011, March 1).
Wrights Law. Retrieved April 25, 2013, from http://www.wrightslaw.com/info/sec504.who.protect.htm
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,
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…
Farley, Laura Geer. (2008). The Adam Walsh Act: The Scarlet Letter of the Twenty-First Century. Retrieved May 28, 2009, from Web site:
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
When it comes to government administration and due diligence, there are two things that need to be kept in mind. First, any overall program or agency to manage an issue is not just one bill or one cog in the machine but is rather a system of legislation bills, agencies and frameworks. Indeed, the Department of Homeland Security, for example, is technically a single agency but it has a lot of sub-agencies and all of those agencies require their own personnel, funding and frameworks to function. Whether it be a single part of the government or a bigger swath of it, a portfolio approach is necessary to address all of the needs and concerns involved. Further, there needs to be a focus on what brings the greatest amount of good because no portfolio, no matter how well-intentioned or funded, is going to address concerns and issues. While it would…
Benen, S. (2016). Bill for 9/11 first responders finally passes Congress. MSNBC. Retrieved 9
January 2016, from http://www.msnbc.com/rachel-maddow-show/bill-911-first-responders-finally-passes-congress
Duggal, J. (2008). Cultivating a portfolio mindset. Projectize Group LLC. Community Post.
Retrieved from http://www.projectize.com/portfolioMindset.html
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.
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.
The 1960s was a period that Americans remember as being a period bursting with activities and movements. There was a lot that these years brought out. Some of the things that the period is remembered for are the many movements, including the civil rights and hippies movements, evolution of art and music and a promotion of love and peace with activism against the war in Vietnam. There were many uprisings in the society, especially in terms of culture, with regard to politics and socially as well. As a result of this, a lot of change was experienced in society. The movements for the rights of African-Americans became very strong during this period and forced the then president Lyndon Johnston to push for a Civil Rights Act, which was enacted in 1964 by Congress.
Although the enactment of this Act was welcomed, it was not sufficient and thus, more…
Magill, Frank N. Chron 20c Hist Bus Comer Vol 2. Hoboken: Taylor and Francis, 2014. Internet resource.
Mjagkij, Nina. Organizing Black America: An Encyclopaedia of African-American Associations. New York: Garland, 2001. Internet resource.
Grofman, Bernard. Legacies of the 1964 Civil Rights Act: [...papers given at a 1994 Conference..., Held at the Federal Judicial Centre]. Charlottesville, Va. [u.a.: Univ. Press of Virginia, 2000. Print.
Gold, Susan D. The Civil Rights Act of 1964. New York: Marshall Cavendish Benchmark, 2011. Print.
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…
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:
Bush opposed legislation that would entrust airlines with the decision to arm their pilots. Homeland Security Director Tom Ridge and Transportation Secretary Norman Mineta concur with Bush in opposition to the Young-Mica bill. Of course, the issue of arming commercial pilots came to the force only after September 11, 2001. Before September 11, airline hijackings usually entailed demands to fly the plane to a desired location. Pilots were instructed to comply with the demands of the hijackers in order to preserve the safety of the passengers and avoid unnecessary casualties. However, the unusual use of commercial aircraft on September 11 as weapons of mass destruction initiated a whole new debate on the handling of hijackers. Because jumbo jets can be used to kill thousands, should pilots be armed with lethal weapons? The Air Line Pilots Association (ALPA) thinks so; the 66,000-person strong union strongly supports the Young-Mica bill permitting airlines…
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…
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/
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…
Assessment of a Fluoridation Policy from the Perspective of Different Stakeholders
When examining the different potential; perspectives of different stakeholders, it is important to note that many of the concerns and issues are not mutually exclusive to the different stakeholders and different perspectives. he following matrix presents some of the potential views of different stakeholders from different perspectives.
Possible perspectives held by these stakeholders:
Legislation is needed to enforce what has been a voluntary measure in the past, as many communities have not yet adopted the practice. he benefits outweigh the cost, and it is cost effective to add fluoride to the water; saving between $8 and $49 for each $1 spent (CDC, 2013).
Individual freedoms should be protected; placing fluoride in the water forces all those who use the water to consume the fluoride, without any choice or…
The firm should be able to respond to market needs; if the customers want fluoride in the water they will demand it, and water companies will need to provide it, it should be left to market forces.
May be concern regarding potential liability is it is later proven there are health risks associated with fluoride. May also have concerns regarding specific risks / liabilities to high risk individuals, such as those on dialysis (National Kidney Foundation, 2008).
There may also be concerns regarding the issue of compliance, how it will be checked and
nurse in one of the local hospitals in Louisiana, I have noticed that many children are hospitalized with various health issues like ear infections, bronchitis, cystic fibrosis, rhinitis, pneumonia, sinusitis, and sore throats. These medical issues have become common among students in the region without a clear understanding of the major contributing factors. In attempts to identify the main factors resulting in the illnesses, I have conducted state-wide analysis of the problem. The analysis has indicated that most of these children are exposed to secondhand smoke, which has enhanced the rates of these diseases. Children in this state are increasingly exposed to secondhand cigarette smoke in various environments. It is reported that over 294,000 children below 18 years and 91,000 children below 5 years regularly share breathing space with smokers in their own homes throughout Louisiana.
The scope of this issue contributes to the need to establish measures that will…
"Arizona." (n.d.). Protect Local Control: Ensuring Community Rights to Pass Smokefree
Ordinances. Retrieved September 30, 2014, from http://www.protectlocalcontrol.org/state.php?sid=3
Centers for Disease Control and Prevention. (2011, April 25). 25 States and DC are Smoke-Free.
Retrieved from Office of the Associate Director for Communication website: http://www.cdc.gov/features/Smoke-FreeLaws/
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.…
Daigle, E. (2017). Apology Law: A Federal Standard for the Protection of Apologies Following Medical Harm. Journal of Health Care Finance, 136(140), 1-18. Retrieved from https://healthfinancejournal.com/index.php/johcf/article/download/136/140
Davis, E.R. (2016). I’m Sorry I’m Scared of Litigation: Evaluating the Effectiveness of Apology Laws. The Forum: A Tennessee Student Legal Journal, 3(1), 70-100. Retrieved from https://trace.tennessee.edu/cgi/viewcontent.cgi?article=1011&context=forum
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…
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