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ule of Law
When police searched John Wayne Gacy's house on December 13, 1978 they were completely unprepared for the horrors they would uncover. Although police executed a search warrant that they hoped would provide further insight into the mysterious disappearance of fifteen-year-old obert Piest, they would soon come to discover evidence that would connect Gacy to at least 32 other murders and disappearances. On December 22, 1978, Gacy freely confessed to killing at least thirty boys and men and burying their remains on his property or dumping them in the river nearby (Bell & Bardsley, n.d.). During the course of the investigation, Gacy confessed that he would occasionally murder more than one person in the same day. What flabbergasted investigators, however, was Gacy's nonchalant explanation as to why the bodies were buried so close together in the crawlspace under his house: he "was running out of room and needed…
Bell, R., & Bardsley, M. (n.d.). John Wayne Gacy, Jr. Retrieved July 13, 2012, from TruTV.com: http://www.trutv.com/library/crime/serial_killers/notorious/gacy/8.html
The Legal Defenders, P.C. (n.d.). What is first degree murder? Chicago Area Criminal Defense Lawyers. Retrieved July 13, 2012, from http://www.legaldefenderspc.com/practice/murder_manslaughter_homicide.html
Office of Clark County Prosecuting Attorney. (n.d.). John Wayne Gacy. Retrieved July 13, 2012, from Office of Clark County Prosecuting Attorney: http://www.clarkprosecutor.org/html/death/U.S./gacy237.htm
Radelet, M.L. (2010, October 1). Some examples of post-Furman botched executions. Death Penalty Information Center. Retrieved July 13, 2012, from http://www.deathpenaltyinfo.org/some-examples-post-furman-botched-executions
ule of law is a concept that reflects a number of different facets. The World Justice Project outlines some of these facets. The first is that the government and individuals are both accountable under the law. In a society, the rule of law should reflect that all entities are subject to the law. If there are entities that are not subject to the rule of law, then the rule of law has no validity. Thus, all governmental and non-governmental actors are to be subject to the same set of laws, and to equal enforcement of those laws.
The second facet of the rule of law concept is that the law is written and codified. The law should be written down so that its application cannot be arbitrary, and that all who live under this law can readily understand the law. If the law is not written, then it can be…
WJP (2016). What is the rule of law? World Justice Project. Retrieved March 8, 2016 from NIJ.gov (2016). Sources of crime data. National Institute of Justice. Retrieved March 5, 2016 from http://www.nij.gov/topics/crime/pages/ucr-nibrs.aspx
The rule of law is important in setting boundaries and guidelines for citizens to follow. Investigation of laws is important because there are thousands of laws that apply to people whether they are aware of them or not. The purpose of this essay is to examine perjury as a rule of law and discuss the important aspects of its characteristics. To do this, this essay will first look at the defining principles of perjury before examining a real world case in which this law was violated.
Trials are examinations of citizens on whether or not they have violated any laws. This system works well if the testimony of the important parties during the trial is truthful and hones. During a trial, all participating witnesses are required to swear an oath before explaining their situation through testimony. Testimony is a very important aspect of any criminal or civil case.
Khouri, A. (2012). 2 LAPD officers guilty of perjury in drug case. The Los Angeles Times, 14 Nov 2013. Retrieved from http://articles.latimes.com/2012/nov/14/local/la-me-officers - 20121114
Legal Information Institute Cornell University Law School. "28 USC § 1746- Unsworn declarations under penalty of perjury." Viewed 20 April 2013. Retrieved from http://www.law.cornell.edu/uscode/text/28/1746
ule of law Legitimate?
'The ule of Law is to be Legitimate because the issue of law is not a simple, but a highly complex one, and it involves the analysis of numerous important issues." Law is not as simple as something that can be forced upon or coerced out of an individual or a group because of several reasons. One is that when it is a criminal statute, for example, because of the fact that it forbids certain actions, under force of penalty, resembles the threats that one individual can make against another, but it is different at the same time because it most often applies to those people who enact it, and not to others. Secondly, certain laws like private, and public laws, cannot possible be misinterpreted as threats, and third, certain legal rules are different from orders, because they are not created by anything equivalent to specific…
Aquinas. Whether there is a Natural Law.
Hart, H.L.A. The Concept of Law. Clarendon Law Series.
ule of Law Legitimate?
What exactly is Law but a well-known and legitimate Profession? According to Oliver Wendell Holmes Jr. In an address made to the students of the Boston Law School in the year 1897, a law student must remember certain important points when embarking on a study of law, and he stated that the student must be both pragmatic and also specific. He also said that there are some individuals who feel that the Law in itself is a mystery of sorts, and obscure in its ways, and its various twists and turns, but the fact is, Law is something that those people who are studying it do in order to be able to appear before a judge, or to prevent certain people from having to appear in a Court of Law. Therefore, if one wished to study the Law, then perhaps it would be good to peruse…
Chapter 5, The Grand Inquisitor. pp: 245-264
Dworkin. Jurisprudence. pp: 1-13
Holmes, Oliver Wendell. The Path of the Law. pp: 1-7
Corwin, Edward. C. From the Higher Law Background of American Constitutional Law. P: 24
Patriot Act and the ule of Law
The Patriot Act
The ule of Law on the Local Level
The Effect on Law Enforcement
The Effect on Homeland Security
Affecting Social Change
The Patriot Act was a serious change to government and the ule of Law. Additionally, it required adjustments that had to be made to law enforcement agencies from the federal level all the way down to the local patrol policeman. Because that was the case, the Patriot Act made life in America different for all U.S. citizens, visitors, and those who came to the country for any reason. Everything from passports to drivers licenses were more difficult to get after the Patriot Act was created, and people who wanted to obtain legal residency or travel documents had to do more in order to receive these things. That was good in a protective way, but it was detrimental to people…
Craig, P.P. (1997). Formal and substantive conceptions of the rule of law: an analytical framework. Public Law: 467.
This article address the rule of law clearly and concisely, in an effort to provide the layperson with a better understanding of how the rule of law came to be and how it is used today. Analyzing the rule of law thoroughly can provide insight and information that would not otherwise be collected and studied.
Donnelly, J. (2002). Universal Human Rights in Theory & Practice (2nd ed). NY: Cornell University Press.
The rights of every individual in the United States and all over the world are very important. By studying those rights, changes can be made in areas where people are being mistreated or where they have trouble understanding why a right does not belong to them. Since the rights in different countries vary greatly, that is also an important topic for discussion.
ule of Law
Since September 11, 2001 the U.S. Department of Justice has charged 310 defendants with terrorism or national security-related crimes, resulting in 204 cases either being plea bargained or presented to a jury (Beck et al., 2011, p. 7). The conviction rate has been 87% for these defendants, which is similar to the conviction rate for all federal crimes (Beck et al., 2011, p. 2). The most common charge used in these cases recently, and the most successful, is 'material support', as defined under Title 18 U.S.C. § 2339A and § 2339B (Beck et al., 2011, p. 18-21). Prior to 2007, just 11.6% of all terror cases involved a material support charge under § 2339 (harboring or concealing), § 2339A, or § 2339B. In 2010, 69.4% of terror defendants were charged with material support and in 2011 a full 87.5% were indicted under this statute.
Beck, Collin, Berger, Chantene, Berkson, Gary, Berry, Kate, Chelcun, Brian et al. (2011). Terrorist trial report card: September 11, 2001 -- September 11, 2011. Center on Law and Security, New York University School of Law. LawAndSecurity.org. Retrieved 9 Jan. 2012 from http://www.lawandsecurity.org/Portals/0/Documents/TTRC%20Ten%20Year%20Issue.pdf
Brown, Jeffrey. (2010, June 21). Supreme Court upholds ban on 'material support' for terror groups. Public Broadcasting Station News Hour. PBS.org. Retrieved 9 Jan. 2012 from http://www.pbs.org/newshour/bb/law/jan-june10/scotus_06-21.html
Doyle, Charles. (2010). Terrorist material support: An overview of 18 U.S.C. 2339A and 2339B. Congressional Research Service. Retrieved 9 Jan. 2012 from www.fas.org/sgp/crs/natsec/r41333.pdf
National Security Division, Department of Justice. (2010). Introduction to National Security Division statistics on unsealed international terrorism and terrorism-related convictions. Biotech.Law.LSU.edu. Retrieved 9 Jan. 2012 from http://biotech.law.lsu.edu/cases/nat-sec/doj/2010-NSD-Final-Statistics.pdf
Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of the United States of America. He brought in the notion of strong belief in the remedial power of the law. He had a pragmatic view of the law, something he used in influencing the Supreme Court. He made the court accept the idea of using the law as a weapon of accessing fairness and equity (Wilson, 2012). The Warren's courts criminal procedures were focused on ethical principles and not interpretive structures that were narrow. He viewed the handling and descriptions of the narrower interpretive structures as patterns of reasoning that were conventional. He made rejections of them as with the case like Brown v. Board of Education, eynolds v. Sims…
Acker, J. R., & Brody, D. C. (2013). Criminal procedure: A contemporary perspective. Burlington, MA: Jones & Bartlett Learning.
Hensley, T. R. (2006). The Rehnquist Court: Justices, Rulings, and Legacy. Santa Barbara, Calif. [u.a.: ABC-Clio.
Wilson, S. H. (2012). The U.S. justice system: An Encyclopedia. Santa Barbara, Calif: ABC-CLIO.
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil ights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338).
In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme…
Barnes, D.A., & Connolly, C. (1999) Repression, the Judicial System, and Political Opportunities for Civil Rights Advocacy during Reconstruction. The Sociological Quarterly, 40(2): 327-345. Retrieved on February 15, 2011, from
ules of Law
It was January 23, 1973 and before the world knew, oe v. Wade would change the laws surrounding the issue of abortion eternally. The decision and choice to terminate a pregnancy was illegal in Texas at the time, which was then challenged by the pregnant Jane oe. She wanted to end her gestation in a safe and licit manner, and coincidentally the Supreme Court agreed in her favor. The ruling was the first time the court recognized the right to privacy incorporated a female's right, should she choose, an option to end her pregnancy or not. This landmark case not only validated and legalized the right to an abortion, but it interdicted prior laws regarding the act. Previously, abortion was only permissible when a woman's life was in danger and was necessary to save her life. Furthermore, the act of termination was acceptable if the female was…
Planned Parenthood v. Casey . (n.d.). Wikipedia. Retrieved March 18, 2011, from http://en.wikipedia.org/wiki/Planned_Parenthood_v._Casey#The_Court.27s_opinions
Roe v. Wade. (n.d.). Wikipedia. Retrieved March 18, 2011, from http://en.wikipedia.org/wiki/Roe_v._Wade#Justiciability
Roe v. Wade: Its History and Impact . (n.d.). Planned Parenthood. Retrieved March 18, 2011, from http://www.plannedparenthood.org/resources/research-papers/roe-v-wade-6578.htm
After reviewing your plans to open up a limousine service in Austin, Texas, there are four major points of compliance that you should focus on so as to keep your business operational and out of legal trouble with the state and/or local authorities.
There is not a state-wide law in Texas that pertains to chauffeurs and limousine services (Texas DMV, 2015). However, the same is not true of Austin, Texas in particular. As part of applying for the permit, there are several questions that must be answered. These include questions about citizenship or right to work in Austin, criminal history and so forth. Any applicants found to be lying on the application can find their license stripped without any warning by the City of Austin (City of Austin, 2015). Specific answers will be required for each application as they pertain to criminal history, other criminal offenses, indictments, traffic…
City of Austin. (2015). Chauffeur Permit Application | AustinTexas.gov - The Official Website of the City of Austin. Austintexas.gov. Retrieved 20 July 2015, from https://austintexas.gov/service/chauffeur-permit-application
City of Austin. (2015). Hands-Free Austin | Police | AustinTexas.gov - The Official Website of the City of Austin. Austintexas.gov. Retrieved 20 July 2015, from https://www.austintexas.gov/handsfree
EEOC. (2015). EEOC Home Page. Eeoc.gov. Retrieved 20 July 2015, from http://www.eeoc.gov
Guerin, L. (2015). Disparate Impact Discrimination | Nolo.com. Nolo.com. Retrieved 20 July 2015, from http://www.nolo.com/legal-encyclopedia/disparate-impact-discrimination.html
civilized societies develop rules and laws that its members are expected to follow. The rules are in place for the purpose of cohesive living among the community and for the most part they have a positive impact on the society that they govern. In this scenario the rules and laws are not followed and in fact are completely disobeyed, yet the person who violates the societal norm not only gets away with it, but he is rewarded for his actions by being elected as a leader and ruling in power for the remainder of his life. Two well-known philosophers bring to light some understanding about how this could have happened.
In the scenario a man named John murders a mean and ruthless person who has lied and cheated his way to the top. The victim is so rich that others in the community are forced to go hungry while he…
Jean Jacques Rousseau (1712-1778)
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…
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…
The current state of the Chinese legal system is in flux. To instate a system similar to that in the United States or Western Europe means undoing thousands of years of cultural norms. Confucianism and Communism are currently entwined to influence the ways disputes have been settled. Mounting pressure to develop a "fair and transparent framework of laws" stems directly from the fact that China is inextricably engaged with foreign businesses that need the rule of law in order to operate efficiently and effectively in the Middle Kingdom. Economic development is prompting overhauls of China's key political and social institutions: and the judiciary is one of the most fundamental such institutions to receive attention. Although some progress has been made already and continues to be made, it is slow and sometimes painful. As the PBS Wide Angle series presents, "the transformation" of China's judiciary from a traditional Confucian/Communist one…
"The Legal System in China." World Savvy Monitor. June 2008. Retrieved online: http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=113&Itemid=176
"The People's Court." PBS Wide Angle. 11 July 2011. Retrieved online: http://www.pbs.org/wnet/wideangle/episodes/the-peoples-court/introduction/162/
Separation of Powers
Doctrine of Separation of powers in Australia
The concept of separation of powers has been in operation and application in many countries. This has always helped them in ensuring efficient governance and effective working of each arm of the government without interfering with the other organs of the government. Factually, the different arms of the governments cannot operate independent of each other, yet they must keep a safe distance that will enable them operate effectively and carry out their daily activities. This doctrine of separation of powers classifies the institutions of government into 3 major branches classified as the legislative, the Executive and the judicial branch. Separation of powers in Australia
The Australian system is referred to as the Westminster system which is a system that was adopted from England and still has the Queen as the overall head who resides in England but represented locally by…
Australianpolitics.com, (2014). Westminster System. Retrieved April 21, 2014 from http://australianpolitics.com/democracy-and-politics/key-terms/westminster-system
Carney G., (1993). Separation of Powers in the Westminster System. Retrieved April 21, 2014 from http://www.parliament.qld.gov.au/aspg/papers/930913.pdf
Museum of Australian Democracy, (2014). Australia's System of Governance. Retrieved April 21, 2014 from http://static.moadoph.gov.au/ophgovau/media/images/apmc/docs/61-System-of-government.pdf
Parliamentary Education Office, (2014). Separation of Powers: Parliament, Executive and Judiciary. Retrieved April 21, 2014 from http://www.peo.gov.au/learning/fact-sheets/separation-of-powers.html
Undocumented Immigrants in Gainesville
The city of Gainesville has a population of about 54,000 and of these, approximately 3,200 are illegal aliens. The law enforcement community in this city is charged with protecting these undocumented aliens on the one hand and enforcing illegal immigrant laws on the other. To the extent that undocumented residents are afraid that the police will enforce the latter may be the extent to which they are discouraged from seeking help from the law enforcement community when they need it, exacerbating existing crime levels. Conversely, the extent to which law enforcement authorities fail to enforce illegal immigration laws may be the extent to which they are viewed as being malfeasant in the prosecution of their official duties. To determine the optimal course of action for law enforcement authorities faced with these conflicting priorities, this paper reviews the relevant literature including a discussion of so-called "sanctuary cities"…
Armajani, B. (2007, August). What transformational leaders do. Government Finance Review, 23(4), 79-83.
Bahn, S. (2013, April 1). Transformational leaders? The pivotal role that supervisors play in safety culture. International Journal of Training Research, 11(1), 17-21.
Bambale, A. & Jaafaru, S. F. (2012, May 1). Servant leadership as employee-organization approach for performance of employee citizenship behaviors in the Nigeria's electric power sector. Journal of Marketing and Management, 3(1), 1-5.
Berger, T. A (2014, Fall). Servant Leadership 2.0: A call for strong theory. Sociological Viewpoints, 30(1), 146-150.
The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.
To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…
Deon Christopher Carter v State of Maryland. (2003)
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…
Anders J. Persson. The Contract of Employment: Ethical Dimensions. Journal of Business Ethics, vol. 66, No. 4 (July, 2006), pp 407 -- 415.
Charles R. Geer. Counter cynical Hiring as a Staffing Strategy for Managerial and Professional Personnel: Some Considerations and Issues. The Academy of Management Review, Vol. 9, No. 2, (Apr., 1984), pp. 324 -- 330.
David E. Bowen, Gerald E. Ledford, Barry R. Nathan. Hiring for the organization not the job; The Executive, Vol. 5, No. 4 (November 1991), pp 35 -- 51.
Douglas Smith, Smith (1999). Company Law. United Kingdom: Taylor & Francis.
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…
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…
Laws elating to Different Businesses
Laws elated to Different Businesses
Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.
Federal, State and Local Agencies
The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…
Frank, George. (2002, April 22-23). Key Licensing Issues and Trends for the Pharmaceutical and Biotech Industries. Conference on Biotechnology and Pharmaceuticals. Retrieved from: http://docs.google.com/viewer?a=v&q=cache:XRVTXoabka8J:www.drinkerbiddle.com/files/Publication/4f485da1-8d61-4255-b8bf-66ed67ed1455/Presentation/PublicationAttachment/1d83db93-089b-42de-89c4-9a0d71e0b809/Frank_Biotech.pdf+biotech+companies+permits&hl=en&gl=us&pid=bl&srcid=ADGEEShzymQTXBq9DrOHEgDrxdEllLh1EuRTGyMuuoaJ2MY88w-MS2Hfp1ptzO7d1Zdq0g_IORTkr61rg2Ys4n3dJwlAKN72a4ENcofXITT53ZwX-LxWjwspDD2BysdX5mYOpZSLJrTi&sig=AHIEtbQmggcJf3q55hJM95Tr8nV_P3tsAA
SBA. (2011). Small Business Administration. Retrieved from: www.sba.gov
Roth, Mollie. (2007). Personalized Medicine: Using effective partnering for managing the risk of legal liability. Personalized Medicine. Vol 4(3). pp 329-339.
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…
BusinessWeek. (2004). Who will Fastow Implicate.
Retrieved April 22, 2008, at http://www.businessweek.com/bwdaily/dnflash/jan2004/nf20040115_1433_db035.htm
Gilmartin, K.M., & Harris, J.J. (1998). Law Enforement Ethics: The Continuum of Compromise. Police Chief Magazine
Retrieved April 22, 2008, at http://www.rcmp-learning.org/docs/ecdd1222.htm
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…
Walker, S., & Katz, C.M. (2008). The Police in America: An Introduction (6th Edition). New York, New York: McGraw-HIll.
Sabeth, D. (n.d.). The Evolution of American Policing. Retrieved September 8, 2012, from American Federation of Police & Concerned Citizens: http://www.aphf.org/hist.html
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…
BOWERS v. HARDWICK, 478 U.S. 186 (1986). U.S. Supreme Court." Argued March 31, 1986. Decided June 30, 1986. FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=U.S.&case=/us/478/186.html
GRISWOLD v. CONNECTICUT, 381 U.S. 479 (1965): U.S. Supreme Court." Argued March 29-30, 1965. Decided June 7, 1965 FindLaw Website. April 4, 2004. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=381&invol=479
The right to be left alone
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…
Whereas rule utilitarianism focuses on the relative social benefit of rules, act utilitarianism concerns specific ethics of actions rather than the rules governing those actions. In many respects, act utilitarianism can be considered an extension, or a refinement, of rule utilitarianism, because it provides a method of incorporating useful or beneficial exceptions to general rules that benefit society more than rigid or absolute adherence to rules.
Using the same example of vehicular rules of the road, there are situations that sometimes justify violating those rules, notwithstanding the fact that those rules are generally useful, beneficial, and necessary. In emergencies, the value of violating a rule in specific instances sometimes outweighs the importance of following those rules absolutely without exception. In matters of life or death emergencies, such as fires or the need to deliver a baby, the value of delivering firefighting resources to extinguish fires as soon as…
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…
Boyd, David G. (1995). On the cutting edge: law enforcement technology. The FBI Law Enforcement Bulletin, 7/1/1995.
Dempsey, Tom, Department of Government and Public Affairs, & Newport News. (1997, November 1). Computer Communications Technology Facilitates Law Enforcement. Retrieved September 16, 2004, at http://www.iacptechnology.org/Library/ComputerTraining.htm
Division of Emergency Communications. (n.d.). Captain Linda Samuel. Retrieved September 16, 2004, at http://www.ci.richmond.va.us/department/police/Chief/pdxxs_DEC.asp
Richmond Police Department. (n.d.). Richmond Police Department. Retrieved September 16, 2004, at http://www.richmondgov.com/department/police/pdxxi_index.asp
As Waldron (2009) emphasizes in an article entitled, The Concept of the Rule of law, the rule of law
... is invoked whenever we criticize governments that are trying to get their way by arbitrary and oppressive action or by short-circuiting the procedures laid down in a country's laws or constitution. Interfering with the courts, jailing someone without legal justification, detaining people without due process, manipulating the constitution for partisan advantage -- all these actions are seen as abuses of the Rule of Law.
In other words, the rule of law provides the normative structure that gives stability to the society. Therefore, deviations from the norms of the rule of law threaten the structure of a democratic society. Consequently, such deviations are only appropriate in the most exceptional of circumstances.
As the author of the above article states,
The Rule of Law is violated...when the norms that are applied by…
Sykes A 2002, The 'Rule Of Law' As An Australian Constitutionalist Promise, viewed May 31, 2011, < http://www.murdoch.edu.au/elaw/issues/v9n1/sykes91.html >
Sykes A 2002, The 'Rule Of Law' As An Australian Constitutionalist Promise, viewed May 31, 2011, <
The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems (Bartlett, 2008). In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public (Bartlett, 2008, p. 4). As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.
Origins of USS Legal History
Soviet law was portrayed as socialist law but the ideology behind it was strictly Marxism (Berman, 1948, p.223). In the socialist legal framework, the legal systems under a capitalist regime…
Berman, J., (1948). The challenge of soviet law. Harvard Law Review, 62(220), pp. 220-264.
Dobrin, S., (1956). Some questions of early soviet legal history. Soviet Studies, 7(4), pp. 353-372.
Kahn, J., (2008). Law and Legal System of the Russian Federation. Review of Central & East European Law, 33(2), 239-247.
Krygier, M. (1990)., Marxism and the rule of law: Reflections after the collapse of communism. Law & Social Inquiry, 15(4), pp. 633-663.
In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.
Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…
Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV080635.pdf
Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from: http://www.ehow.com/list_6301306_vehicle-repossession-laws-arizona.html
APA Format. http://owl.english.purdue.edu/owl/resource/560/11/
Ethics and the Law
It is morally acceptable for the law to require people to do things for their own self-development?
"Political theory is a branch of moral philosophy, which starts from the discovery, or application, of moral notions in the sphere of political relations." This statement, indicated in the literary work, "Two concepts of Liberty," summarizes my personal views on law and self-development. I believe it is morally acceptable to require people to do things for their own self development. Aspects such as making children attend school, requiring high schools to offer basic curriculum courses, or requiring systemically viable institutions to be certified, I believe, all are morally acceptable laws. Although society overall benefits from the self-development of its own constituents, the world benefits as a more educated population continues to drive economic prosperity (Berlin, 2000).
Few would argue over the merits of self-development and its obvious advantages. However…
Now, "more perfect," "justice," "common," "general welfare," "blessings of liberty," and the limits of "liberty" themselves, are all moral concepts. In addition the interpretation of "domestic tranquility" with respect to attempting to better determine individual rights, social order, preventing crime, and capturing and prosecuting criminals is yet another moral term. In these instances, many of the major moral purposes of the Constitution are to help us be law-abiding so that we are an evolving country, rather than merely a stoic and obedient nation. I therefore believe, it would be remiss, and wrong, to make laws or to try to interpret laws in court without any regard to their moral meaning, moral significance, or moral consequences insofar as these impact justice, liberty, general welfare, the common defense, and domestic tranquility.
1) Berlin, I. (1958) "Two Concepts of Liberty." In Isaiah Berlin (1969) Four Essays on Liberty. Oxford: Oxford University Press.
2) Oakes, J. (1996), What's Wrong with "Negative Liberty." Law & Social Inquiry, 21: 79 -- 82. doi: 10.1111/j.1747-4469.1996.tb00010.x
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…
Atiyah, P.S. (1995). Law and Modern Society (2nd ed.). Oxford, UK: Oxford University Press
Harris, P. (2007). An Introduction to Law (7th ed.). Cambridge, UK: Cambridge University Press
Martin, J (2005). The English Legal System (4th ed.). London, UK: Hodder Arnold
Lord Justice Coke described customs as "one of the main triangles of the laws of England" (Martin, 14). Others dispute this theory and contend most of the "customs" were in fact invented by the judges themselves.
Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.
Author not Available. "The Miranda Rule." FindLaw.com. 2002. 6 Dec. 2003. http://cobrands.public.findlaw.com/newcontent/flg/ch14/st3/mc1.html
Bradley, Craig M. The Failure of the Criminal Procedure Revolution. Philadelphia: University of Pennsylvania Press, 1993.
Carrillo, Silvio. "Do Miranda Rights Create a Loophole for Criminals?" SpeakOut.com. 3 Feb. 2000. 6 Dec. 2003. http://speakout.com/activism/issue_briefs/1148b-1.html
Godsey, Mark A. "Miranda's final frontier, the international arena: a critical analysis of United States v. Bin Laden, and a proposal for a new Miranda exception abroad." Duke Law Journal 51.6 (2002): 1703+.
What is the hearsay rule? Explain in detail
The hearsay rule is a rule that prohibits any out of court statements from been offered as evidence in a trial. Hearsay statements are not admitted as evidence, as there is no way for the other party to cross-examine the statement maker Morgan, 1920.
Hearsay is any statement made outside a trial and presented during the trial to prove the truth of the statements content. Secondhand information is considered unreliable, and there is no way that the person who made the original statement could be cross-examined. Any out of court statement is considered as hearsay if the parties are concerned with the truthfulness of the statement. The hearsay rule does not care if the statement was written, or oral, provided it comes from another person it is considered as hearsay.
What major cases were involved in the establishment of the…
Morgan, E.M. (1920). Admissions as an Exception to the Hearsay Rule. Yale LJ, 30, 355.
Orenstein, A. (1997). " MY GOD!": A Feminist Critique of the Excited Utterance Exception to the Hearsay Rule. California Law Review, 159-223.
The case involving Milosevic was has different sub-plots, as he would claim that the actions he took were to prevent the country from being overrun by terrorists. Yet, at the same time, as some of these atrocities were being committed, NATO would attack Serbia in an effort to halt these violations. In this aspect, one could argue that the actions taken by NATO were in violation of international law. As they were not supported by a UN mandate, instead the actions were NATO countries working in concert with one another to go after Serbia. This is despite the fact that Serbia did not attack any of NATO allied nations.
When you look at the situations from the realist perspective, they would argue that the application of different international standards is an attempt to circumvent the power of the nation state over its people. Where, the ICC is unilaterally determining what…
Franck, Thomas. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
Goldsmith, Jack. "The Limits of Idealism." Daedulus. 132, no. 1. (2003): 47 -- 63.
Higgins, Rosalyn. "Policy and Impartiality." 915 -- 931.
Thomas Franck. "What Happens Now?" American Society of International Law. 97, no. 3 (2003): 607 -- 620.
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…
Fleming & Curti (2001) American with Disabilities Act Overrides Local Zoning Rules. Elder Law Issues, 5 Nov 2001. Vol. 9, No. 19. Retrieved from: http://www.elder-law.com/2001/Issue919.html
Fences (nd) City of Redding California. Development Services Department. Retrieved from: http://www.ci.redding.ca.us/pmtctr/graphics/planningPDF/pln111.pdf
Standler, R. (1997) Privacy Law in the United States. Retrieved from: http://www.rbs2.com/privacy.htm
California Codes: Health and Safety Code (nd) Section 115920-115929. Retrieved from: http://www.cdph.ca.gov/HealthInfo/environhealth/water/Documents/RecHealth/SwimmingPoolSafetyAct.pdf
Efficiency of the international laws
There has been a growing concern over the international law and the application of the same bearing the different settings and backgrounds against which these laws are applied. As they are international laws, so they are taken to be universal with the difference in the reality one the ground differing from one country to another, one continent to another, being of little or no significance at all. Here then comes the issue of the efficiency of these international laws and their universal relevance hence the sustained questioning of the relevance of some of these international laws in given setting.
It is presumptuous to insinuate that the international laws can apply in a universal applicability of the international law since to some extent it is bound to lose touch with the realities of member states hence rendered irrelevant and inefficient. The international law and…
Yusuako, O., (2003). International Law in and With International Politics: The Functions of International Law in International Society. EJIL Vol. 14 No. 1.Pp114 http://ejil.oxfordjournals.org/content/14/1/105.full.pdf
United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.
Maurice Suing the Developer
Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…
Kubasek, N., Browne, N.M., Giampetro-Meyer, A., Barkacs, L., Herron, D., Williamson, C., et al. (2012). Dynamic Business Law, 2nd Edition. McGraw-Hill Higher Education.
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…
Amponsah, P.N. 2004. Libel Law, Political Criticism, and Defamation of Public Figures: The
United States, Europe, and Australia. New York: LFB Scholarly Publishing.
Bailey, R.J. 1976. "Trespass negligence and Venning v Chin." The Adelaide Law Review, vol. 5,
no. 4, pp. 402-427.
This is an important issue and a number of commentators and critics have decried this loss of respect for international law. One commentator refers to the words of the politician and sociologist, Daniel Patrick Moynihan, who said that, "...there is nothing quite to compare with the falling from the American mind of the idea of the law of nations" (Kinsley). He also stated that,
At the beginning of Gulf ar II, we forgot... international law. e forgot international law once again. hen the U.N. Security Council would not play ball, we declared that our own invasion of Iraq was justified as a sovereign act of long-term self-defense against potential weapons of mass destruction, by the human rights situation within Iraq,
Therefore, this is a cardinal area of international law that is in danger in the present age.
On the other hand, there are areas of international law that have…
Horton, Scott. A Decent Respect: What does international law mean to us today
January 20, 2008. http://www.harpers.org/archive/2007/04/horton-20070428vgjt
Kinsley M. Today We Obey. Invoking international law -- when it suits us.2003.
January 20, 2008 http://www.slate.com/id/2080777/
Coordination / diplomacy are the most common approach used when a nation state is in violation of international law. What happens is the UN Security Council members will work with the country to address the issue. Where, they will examine a host of different possibilities that could encourage the government, to abandon the policies that are in violation of international standards. The objective is to use various forms of negotiation and coordination among the world community, to entice a particular country to embrace international standards. A good example of this can be seen with the six party talks that would take place between North Korea and the different partners in the region to include: the U.S., China, Russia, Japan, South Korea along with EU. This is important, because it highlights how the Security Council is trying to address the impasse of North Korea violating UN resolutions. Where, they…
Convention of the Rights of the Child, 2010, UN. Available from: [6 January 2010].
Declaration on the Rights of Indigenous People, 2007, UN. Available from: [6 January 2010].
Sexual Orientation and Gender Identity, 2008, UN. Available from: [6 January 2010].
UN Declaration of Human Rights, 2010, UN. Available from: [6 January 2010].
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
ole of Law in Society
The law places a critical role in society, often serving to informally support the same rules and norms that it can formally enforce if someone violates them. The four primary functions of the law are: to ensure that the government, its officials, and private individuals are all accountable for their actions; to protect fundamental rights; to provide fairness; and to ensure justice (The World Justice Project, 2012). The rule of law provides the framework for society, so that all people come to the table with the same understanding of how transactions should work some knowledge of the remedies for wrongdoing, and knowledge of the consequences of inappropriate behavior. In fact, in many ways the presence of the law is prophylactic, preventing wrong behavior simply because that behavior has been made illegal.
One of the most critical uses of the law is to ensure basic human…
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).
The World Justice Project. (2012). The Rule of Law. Retrieved May 9, 2013 from http://worldjusticeproject.org/what-rule-law
Global Law and Politics:
Political and legal institutions and communications have played an integral role in the development and provision of legitimacy in contemporary societies. This has been through the development of obligatory collective decisions, general legal principles, exercise of political power, and resolution of conflicts. In the new global system, these legal and political institutions have created and conveyed social values, political power, and social meaning in every sector of the society. Both of the institutions are considered as legitimate because they have been established on core values that are related to essential freedoms, the rule of law, and democracy.
Aspects of a New Global System:
Modern societies across the globe are faced with critical issues and problems that are dealt with at the global level by the establishment of laws and policies, which are developed in various institutions. Global law and politics has had a significant impact on…
Concannon, T (2004), Chapter 5 - Resource Exploitation in Nigeria, Pambazuka News, viewed
27 December 2011,
Ejimeke, A (2010), The Oil Spills We Don't Hear About, The New York Times, viewed 27
The case mentions that petitioners, plus two small minor children and their parents, made the allegation in their suit that was against respondent that the children's very serious birth deficiencies were basically caused because the mothers' had prenatal ingestion of Bendectin, which is a prescription drug that is marketed by respondent. The District Court basically decided respondent summary judgment founded on a well-credentialed expert's affidavit coming up with the conclusion, upon going through the wide-ranging published scientific literature on the issue, that maternal which was utilized of Bendectin has not been exposed to be a risk issue for human birth deficiencies. Even though petitioners had replied with the testimony of eight other well-credentialed specialists, who founded their assumption that Bendectin has the possibility of causing the problem of birth defects on animal studies, chemical structure evaluations, and the unpublished "reanalysis" of formerly issued human statistical studies, the court made…
Gavil, A.I. (1997). AFTER DAUBERT: DISCERNING THE INCREASINGLY FINE LINE BETWEEN THE ADMISSIBILITY AND SUFFICIENCY OF EXPERT TESTIMONY IN ANTITRUST LITIGATION. 65(3), 663-711.
Grove, W.M., & Barden. (2010). Protecting the integrity of the legal system: The admissibility of testimony from mental health experts under. Psychology, Public Policy, and Law, 1(12), 224-242.
KUMHO TIRE CO LTD., et al. Vs. CARMICHAEL ET AL. (1998, December 7). United States Supreme Court. .
M.S., C.R. (2014). Kumho, Daubert, and the Nature of Scientific Inquiry: Implications for Forensic Anthropology*. Journal of Forensic Sciences, 23-45.
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
In the case of American Canine Foundation v. City…
About the Privacy Act (2014). FOIA. Retrieved from:
City may ban dangerous dog breeds. (2009). Cengage. Retrieved from:
J. Simpson or John Gotti. In both cases, the defendants are entitled to the presumption of innocence only in court; but there is no such "presumption" in the intellectual "court" of one's mind.
A lawyer with integrity would refuse to represent any defendant he believed was probably guilty of horrendous crimes and simply let that defendant be represented by a court-appointed attorney who is obligated by law to represent any defendant who cannot afford a private attorney. If all criminal defense lawyers had high personal ethical standards, the Simpsons and Gottis of the world would find it impossible to retain any defense counsel other than those obligated by law to take their cases.
4. Define and briefly explain ethical dilemma. Of the four categories of dilemmas: discretion, duty, honesty and loyalty, which one applies best to the following situations? Explain your rationale. Also, explain how an officer might analyze the…
Three Strikes Law on the African-American Community
Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the United States. The legislation began in California, where two highly publicized murders committed by convicted felons prompted an outcry against allowing recidivists to return to the community. California did see a decrease in crime rates following its institution of the Three Strikes policy, though there is considerable debate about whether the Three Strikes laws were responsible for that decline. Many other states adopted the legislation, so that about half of all states now have three strikes legislation. While these laws may not necessarily have the desired deterrence effect on crime, the general consensus appears to be that they are not harmful to society; therefore, even if they cannot be proven to be helpful, they should remain in place. However,…
Brown, B. & Jolivette, G. (2005). A primer: Three strikes- the impact after more than a decade.
Retrieved February 13, 2012 from Legislative Analyst's Office website: http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm
Goodno, N.H. (2007). Career criminal targeted: The verdict is in, California's Three Strikes law proves effective. Golden Gate U.L. Rev., 37(2), 461-485.
Jones, B. (1999). Why the Three Strikes law is working in California. Stanford Law & Policy
In the case of United States, Article 9 of the Uniform Commercial Code provides for practically all types of security agreements for owned property that are both for own use as also for commercial purposes. This type of agreements includes fixtures which mean personal property that is attached to the property, and the ready example can be a water heater. This does not include other liens taken on the property like the lien of a mechanic are not covered by this act, but are covered by the individual laws that govern them. There is also a statute of frauds and that requires a security agreement to be in writing for it to be valid, unless the property has been pledged for getting the loan. This sort of a pledge takes place when the borrowing party shifts the collateral to the lender of money in exchange for the loan that he…
9-203. Attachment and Enforceability of Security Interest; Proceeds: Formal Requisites.
Retrieved at http://www.law.cornell.edu/ucc/9/9-203.html . Accessed 10 November, 2005
Bailey, Sue. PM defensive over election threat. Retrieved at http://cnews.canoe.ca/CNEWS/World/2005/11/03/1291616-cp.html . Accessed 10 November, 2005
Banking: An overview. Retrieved at http://www.law.cornell.edu/topics/banking.html . Accessed 10 November, 2005
Slippery Slope Law / Discrimination
The definition of the slope and its legal implications are largely hypothetical. According to Eugene Volokh, an action that is voted in -- say a ban on guns provides with the curtailment of many other things -- like confiscation of guns, costs or data bases and many other legislations that flows into creating a system that was not envisaged in the first place or would have been the primary action. For example the gun control could flow into some other area like searches and restriction and create an altogether different system. The analogy of the slippery slope where an act of a camel causes a slope to flood and grow an oak in consequence -- the original act being something different intended is to be considered. (Volokh, 48) In truth is there such a slippery slope in legislation?
Thesis Statement: "There is no such slope…
Achampong, Francis. Workplace Sexual Harassment Law: Principles, Landmark
Developments, and Framework for Effective Risk Management. Quorum Books: Westport, CT, 1999.
Bernstein, David E. You Can't Say That! The Growing Threat to Civil Liberties from Antidiscrimination Laws. Cato Institute: Washington, DC, 2003.
Covey, Anne. The Workplace Law Advisor: From Harassment and Discrimination Policies to Hiring and Firing Guidelines What Every Manager and Employee Needs to Know. Perseus Publishing: Cambridge, MA, 2000.
Law enforcement agencies, or the police force, operate on several jurisdictional platforms within the United States. In general, their primary mandate is to help maintain societal order and the rule of law by assisting subjects with legal compliance, protecting property, helping to keep citizens and property safe and secure, and for assistance in extraordinary events. The police force is part of the social order of society and mediates public events, pre-empts anti-social behaviors, helps mitigate potential dangers at large events, works with other agencies in general search and rescue, crowd control, regulations, education and awareness campaigns, and to support the rule of law (Cole, 2004). Under the rubric of law enforcement, there are three major categories of police: Federal, Local and State.
Local law enforcement provides routine and micro-policing to the communities within their jurisdiction. This may include traffic enforcement, criminal investigations, local laboratory or forensic investigation, certain types…
The Difference Between Federal and State Law. (2010). Retrieved from The Leadership Conference - Civilrights.org: http://www.civilrights.org/judiciary/courts/difference-federal-local-courts.html
Cole, G. a. (2004). The American System of Criminal Justice. New York: Wadsworth.
Dempsey and Forst. (2009). An Introduction to Policing. Florence, KY: Delmar Cenage Learning.
Hedgpeth, D. (2008, September 17). Congress Says DHX Oversaw $15 Billion in Failed Contracts. Retrieved from The Washington Post.com: http://www.washingtonpost.com/wp-dyn/content/article/2008/09/16/AR2008091603200.html
The new law has prosecuted 426 traffickers in 203 cases. These traffickers had 844 victims in that year alone. This law imposes penalties from 10 years imprisonment to life imprisonment (Kyodo).
Myanmar: Effective or Not?
The capacity of the national government in fighting the problem of human trafficking has been limited (UNODC 2007). It is particularly limited in implementing policy changes in remote areas where traffickers operate. Anti-trafficking groups are looking into the situation. The UNODC addresses the issue by implementing projects and participating in partnership initiatives in the country. These projects and initiatives include increasing public awareness of the problem, provision of technical assistance for the law enforcement sector and the judiciary, greater and easier access to service providers and enhancing their capabilities (UNODC).
Reports say that Cambodia is a source, transit and destination country for human trafficking (HumanTrafficking.org 2009). Human traffickers consist of organized crime syndicates, parents,…
CIA. Russia. The World Fact Book: Central Intelligence Agency, 2009. Retrieved on April 23, 2009 from http://www.cia.gov/library/publications/2732.htm
Gekht, Anna. Shared but Differentiated Responsibility Integration of International
Obligations in Fight against Trafficking in Human Beings. Denver Journal
International Law and Policy: University of Denver, 2008. Retrieved on April
Cloud Security and Privacy
Cloud computing's exponential growth is fueling a corresponding need for greater compliance, governance and regulations to ensure data and knowledge are secured and accessed for intended use. A regulation by definition is a rule or law, and has inherent within its definition support for compliance and enforcement (Halpert, 2011). egulations differ from legal frameworks or standards in that the former is broadly protective and more focused on protecting shareholder value, ensuring corporate responsibility and also defining disincentives for recklessness or wrongdoing (Halpert, 2011). The purpose of this analysis is to analyze the top five security regulations for business and government.
Analysis of the Top Five Security egulations for Businesses and Government
The top five security regulations provide laws governing the use of digital assets including cloud computing platforms and applications, with the specific purpose of ensuring personal and corporate data, information and knowledge are protected.
Halpert, B. (2011). Auditing cloud computing a security and privacy guide. Hoboken, N.J.: John Wiley & Sons.
English Right of Set-Off and Combination in the Circumstance of Insolvency
The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…
Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)
Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)
Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)
Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)
Militarization of Police
The 21st century has provided in a very short time, major changes to the way society interacts and operates. Governmental structures and institutional principles have also greatly swayed in recent decades. It is apparent that the world is drastically changing and evolving into a new form of culture and society that presents many problems and issues, especially in cases of the law and law enforcement.
The law is changing rapidly and the requirements that are placed on law enforcement professionals in this extremely turbulent time in history have grown and expanded to many different areas of responsibility. Terrorisms and the threat of massive societal upheaval are potential threats to the current and accepted way of life and the burden to protect society from these threats often falls I the hands of law enforcement professionals.
The purpose of this essay is to explain the gradual and sustained militarization…
Baker, A. (2011). When the Police Go Military. The New York Times, 3 Dec 2011. Retrieved from http://www.nytimes.com/2011/12/04/sunday-review/have-american-police-become-militarized.html?pagewanted=all&_r=0
Balko, R. (2013). Too Many Cops Are Told They're Soldiers Fighting a War. How Did We Get Here? ACLU, 9 July 2013. Retrieved from https://www.aclu.org/blog/criminal-law-reform-free-speech-technology-and-liberty/too-many-cops-are-told-theyre-soldiers
Bernick, E. (2013). It's Past Time to Scaled Back Police Militarization. The Washington Times, 18 Sep 2013. Retrieved from http://www.washingtontimes.com/news/2013/sep/18/bernick-its-past-time-to-scale-back-police-militar/
Clark, J.P. (1972). The functions of the police in modern society. Contemporary Sociology, 1(3), 243 -- 244.
Illinois Department of Conservation Police Law Enforcement
The American system of local governance for the purpose of maintaining parks and other recreational areas is political as well as democratic, and is based on certain citizens' awareness and desire to create better living conditions as far as environment is concerned, for the benefit of future generations. This entails preservation and conservation of natural parks and wildlife to a large extent. This is especially true in the case of the citizens of Illinois, who are always on the campaign for more open spaces, more parks, and more as well as better recreational facilities for its citizens. Officials are elected for the purpose of looking after and governing the problems that arise from these forests and natural forest preserves, and these officials do believe and also demonstrate the same determination and strongly idealistic beliefs of their predecessors, of the days gone by. The…
Blagojevich, Rod. (April 2004) "Illinois's Multi-Year strategy to Control Drug and Violent Crime FFY2004" Retrieved at http://www.icjia.state.il.us/public/word/Byrne/ByrneStrategy.doc . Accessed on 28 October, 2004
Carlile, Harry E. "Keeping our parks a safe place to play" Retrieved at http://www.lib.niu.edu/ipo/ip960919.html . Accessed on 27 October, 2004
DUI, International Referral Database of DUI, DWI, Impaired and Drunk Driving, Drinking and Driving, Lawyers & Attorneys" Retrieved at http://www.lawyers.ca/international/summaryoflaw.asp. Accessed on 28 October, 2004
Educational information: Illinois Department of Natural Resources" (2003) Retrieved at http://dnr.state.il.us/lands/education/index.htm. Accessed on 27 October, 2004
Many sports teams use Indian logos and names as their moniker. One such team is the Washington Redskins. There are many people, both Indians and non-Indians, that say that the use of such logos is wrong and that the word redskin is racist. However, not all people (even including many Indians) agree on this matter (Cox et al, 2017).
The issue to address is whether the trademark/patent and other offices have the right to impose a rule or guideline based on the presumption that redskin is racist. There is, of course, the question of whether there are violations of Title VII, hate speech laws, etc (Cox et al, 2017).
Rule of Law
Even if the trademark office has yanked Redskin as a usable name, there is not a clear violation of the law and there is rampant disagreement about whether redskin is a racist term. It…
Stand Your Ground Laws: A Cry for epeal
THE EFFECTS OF HYPOXIA
STAND YOU GOUND: A CY FO EPEAL
Stand Your Ground Laws: A Cry for epeal
Academic and Professional Writing for Graduate Students (LS526-01)
The "Stand Your Ground Law" is one of the most controversial laws in recent years and has gained notoriety due to its enactment in thirty-three states so far. Advocates of the law claim that it reduces the threat of violence in society, but the statistics prove otherwise as research shows that the law actually inflames race-based violence (Purdie-Vaughn, Williams, 2015). As such there are several states that have either taken a wary view of the law and have decided to steer clear of it, or have raised issue(s) with enactment of the law while considering it. It is because of this scrutiny the law has been misunderstood by some people, abused by others, and just…
Alabama Criminal Code, Section 13A-3-23. Retrieved from http://codes.lp.findlaw.com/alcode/13A/3/2/13A-3-23
Campbell, R. C. (2014). Unlawful/Criminal Activity: The Ill-Defined and Inadequate Provision
for a "Stand Your Ground" Defense. Barry Law Review, 20(1): 3-21.
Cook, R. (2012). The Atlanta Journal-Constitution. 'Stand Your Ground Law' in Effect in Georgia More Than 100 Years. Retrieved: http://www.ajc.com/news/news/local/stand-your-ground-law-in-effect-in-georgia-more-th/nQSgW/
Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…
Connelly, Michael (2005). The Lincoln Lawyer: A Novel. Hachette Book Group. Kindle Edition.
California Rules of Professional Conduct