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Over the last several decades, there has been a transformation in Australia's sports laws. This was in response to the issues of racism and prejudice based on a number of factors (most notably: race or gender). As a result, these changes have made it easier for everyone to compete and have access to various sports. To fully understand what is taking place requires carefully examining these changes. This will be accomplished by focusing on: natural justice, the differences between the cases of Waverly Municipal Council v Swain with Neagle v ottnest Island Authority and how discrimination law is applied. Together, these elements will highlight the shifts that have occurred in this area of sports law.
Discuss the natural justice process in sport tribunals. Should athletes at domestic or professional level be able to have legal representation?
The process of natural justice is when a tribunal will render a…… [Read More]
Title IX, as you must know, requires that universities provide as much funding and other forms of support to women's sports as to men's. President Allen announced in the same press conference that your firing was in all likelihood a precedent to the teams' being dissolved. Given this fact, it will certainly be arguable in court (as well as in the preliminary documents that we will file, which may well lead to a settlement from the university rather than having to proceed to court) that your firing was simply a pretext that would allow the university to cut funding to women's sports. Such a clear violation of federal law is definite grounds for a lawsuit.
We have additional support for such a lawsuit in that President Allen has make a number of statement supporting the importance of male teams and has consistently attended the games played by the male teams…… [Read More]
Unlike was the case a few decades ago, sports has today become a multi-million dollar industry. It is this exponential growth in the 'business of sports' that has informed the growing interest in sports law. The legal issues that, in one way or another, relate to sports typically range from intellectual property to torts to contracts and many others. In seeking to explore the various legal issues in the sports industry, this text concerns itself with the legal environment of a typical sports organization. The organization of choice for purposes of this discussion is Octagon Sports/Octagon Football.
A sports marketing agency with global presence, Octagon could easily be one of the largest sponsorship consulting outfits in the world. Typically, sports marketing firms like Octagon Football concern themselves with not only the creation but also the maximization of commercial opportunities for clients. In addition to working with scores of…… [Read More]
Australian Sports Law
Sports Law in Australia
The dictionary defines sports as a physical activity governed by rules or customs and which is often engaged in for competition. Every civilized activity has its ground rules and so does sports. The laws and legal systems of a particular country do not infringe on the rules of a given game or sport (In rief, 2011). The country's international governing body of the game or sport establishes and regulates laws for use in the game or sport. This governing body also decides on changes of the rules and details, such as the movement of players and disciplinary sanctions. One such body is the Federation International de Football Association or FIFA, which governs English football. Under it are other organizations, namely UEFA for European Football, the Football Association for England, and regional football associations and clubs in England, both amateur and professional…… [Read More]
One of the most pressing problems with the doping incidents is that punishment is so lax in many arenas. The WADA recommends a two-year ban from the sport, but increasing the time could reduce the number of doping incidents. An athlete might be less likely to turn to performance enhancing drugs of any kind if they knew they could face a ban for life, or a five-year or more ban from their chosen sport. Laws regarding the use of banned substances should be reviewed and updated so they are the same for each sport, and so they increase the culpability of the players involved. Since many of these athletes serve as heroes and role models to the children of the world, they owe it to them to come clean, stay clean, and support stricter enforcement in their specific sports. Lance Armstrong, in his comeback maneuver, could serve as a catalyst…… [Read More]
In many cases, the sports that are largely ignored in the U.S. are equally deserving of national exposure and coverage, because they demand the same level of natural talent, skill, and expertise as those high-profile sports that enjoy extensive national coverage.
Especially in the wake of recent revelations and scandals arising in the major American sports involving use of steroids, violent assaults on women, driving under the influence of alcohol, and federal convictions for those types of crimes as well as for cruelty to animals have undermined the traditional reputation of professional athletes as role models in modern American society. To date, no such controversies have plagued any of the lesser-appreciated sports in the U.S. In that regard, surfing in particular is associated with health, vitality, and natural physical fitness that is not at all likely to fall prey to illegal or performance-enhancing drug use in the sport. Furthermore, unlike…… [Read More]
Sports & Nbsp;(general)
Fund raising Critque
Info: • the format will be according to APA style (typed double spaced) and in four
• parts. Written out as a paper.
is the identification of the article. What is important here is that you provide the reader with enough information about your article so that they will be able to locate the article.
• A Summary. List the main points that the author has tried to establish, i.e. 1, 2, 3 or first, second, third. There normally will be 3 to 5 main points. If you are summarizing a court case you should discuss: What provision of the law was at issue? Briefly state the facts of the case. What legal tests were applied? Were there any unusual elements in the case? Include all major key points of the author. If the author addressed any major concepts or methodology this should be…… [Read More]
Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]
A partnership firm would be the best choice for Lou and Jose sports bar and restaurant business. To form a partnership, four criteria must be fulfilled: partnership must have two or more persons; the same persons must be caring the business, business must be for profit, and all persons must be co-owners. Lou, Jose, and Miriam will be co-owners for-profit business and Lou and Jose will be caring daily duties of a sports bar and restaurant. However, in a partnership control is shared by all the partners. Every decision is made on the understanding and agreement between all the partners. Lou and Jose will have general partnership while Miriam as an investor partner will not control business activities.
The reason a partnership firm would be the best choice is because neither of them have much money and Miriam is willing to be the investor who will not participate…… [Read More]
Anti-discrimination laws are enforced and companies are rated by their policies of tolerance. Homophobia is gradually being extricated from the American consciousness and so is sexism. The media plays a major role in how the American consciousness changes and those changes have an indelible impact on the character of the American Dream.
Thomspon also notes that Thrice was well-loved by his teammates. The community rallied in support of Thrice and there was a general outcry after he died. Being American has always entailed appreciation for grassroots movements. The social and political realities that evolve depend on grassroots movements. Grassroots movements precede legislation and policy changes. America becomes more of a real democracy as grassroots movements offer a voice for the most disenfranchised elements of society. Grassroots movements prevent tyrannnies of the majority and enable minority opinions to make their way into public policy. The American government remains a government of…… [Read More]
Sport Promotion Mix
Kotler's promotion mix consists of advertising, publicity, personal contact, incentives, and atmospherics as well as licensing, sponsorship, and community relations to represent the contemporary sport promotion mix (Irwin, 2008). The New York Yankees the contemporary promotion mix. They have advertising of ticket sales, news articles and videos as publicity, blogs for personal contact with fans, discounts on tickets as incentives, and atmospherics with a showcase of bleachers, licensing with team logo items, sponsorships with corporations, and community relations with donations and fund drives.
Advertising is done for ticket sales (Home Page) and team logo items (New York Yankees), such as t-shirts, hats, etc. The advertised items serve two fold in the promotion mix. Ticket sales contain incentives in 12-game and group packages that offer discounts to consumers. The team logo items are advertised for sale, but also contain the licensing of the team logo. The team logo…… [Read More]
If the owner agrees, it discharges the debt under accord and satisfaction, as long as he takes the funds (cashes the check) knowing or with reason to know that it's consideration for discharging the debt. Even though it seems there's no new consideration here, there actually is; because it's a new promise to pay, given the fact that the owner would probably not be able to collect any funds otherwise.
As for the interest, if Mrs. Green disagrees with the calculation, she can recover under contract theory if she is proven correct. Unilateral mistake can be corrected in this fashion. If however, she knew of the error, then she would not be able to collect after the fact. Of course, she has to prove in a court that the calculation was incorrect.
Mary had contracted away her right to sue. A contract must have offer, acceptance and consideration (i.e., some…… [Read More]
Social Change Through omen's Sports
Promoting Social Change Through omen's Sports Leadership
The problems that cry out for social change solutions
No one who is intelligent, literate, and who is paying attention could avoid the fact that much of the world today is in need of fresh and creative ways to resolve cultural and social conflicts and to build better communities where families feel safe and futures seem secure. ar, bloodshed, racial rage, and mindless military carnage -- in addition to the disturbing, ongoing violence against women -- make up too much of the front pages of daily newspapers. Dramatic social changes are desperately needed, and the plans for those changes have yet to be drawn up by present political leadership in the United States and elsewhere.
Over the first week in October, for example: suicide bombers killed 19 innocent tourists in Bali; car bomb blasts killed numerous citizens and…… [Read More]
In order to fully safeguard the country's borders, it is necessary to take into account that criminals tend to develop as fast as new technology can be implemented. Hence it is important to improve methods for intelligence, surveillance and reconnaissance, analysis and training, and support efforts to deter not only illegal aliens, but also the substances some of them bring into the country. On the other hand, it is also important to recognize the human element inherent in the immigration problem. Some believe they have no choice but to risk their lives in order to have any quality of life at all.
Camarota, S.A. (2004). The High Cost of Cheap Labor: Illegal Immigration and the Federal Budget. Center for Immigration Studies. etrieved from http://www.cis.org/articles/2004/fiscal.pdf
Msnbc.com. (2010). Obama orders 1,200 Guard troops to border. etrieved from http://www.msnbc.msn.com/id/37340747
The White House (2010). emarks by the President on Comprehensive Immigration eform. American…… [Read More]
AH&LA: ecent Lobbying Initiative
The American Hotel & Lodging Association (AH&LA) is a lobbying group which supports the interests of the hotel industry in congress as well as provides educational and professional resources for members. Networking is a critical aspect of surviving in hospitality and AH&LA offers numerous conferences throughout the year, during which its members can "exchange ideas, strategies, and contacts with industry leaders" as well as with one another ("Conventions and events," 2015). The AH&LA has supported a number of recent acts of legislation to protect the industry including the ADA Education and eform Act of 2015, H.. 3765.
According to the AH&LA, the ADA Education and eform Act of 2015, H.. 3765 addresses what it calls the "unseemly practice of 'drive-by' lawsuits ... by specifying clear, unambiguous rules for identifying and correcting ADA access violations before allowing litigation or a drawn-out settlement process" ("AH&LA applauds," 2015). The…… [Read More]
EEOC and Arrest and Conviction ecords, find and list the two ways these records might be used in a discriminatory manner.
One way that a person can be discriminated against is for an arrest rather than a conviction. An arrest is indeed at least a POSSIBLE indication that the person arrested did something wrong. However, using it as a factor in employment decisions is less than wise because an arrest and a conviction are not the same thing. Another way that they could be used in a discriminatory and improper manner is if they are used too early in the employment process. This is usually based on the state in question but it is indeed considered illegal in some jurisdictions. For example, it may be acceptable when making a final hiring decision but requiring people to reveal whether they are a felon when doing the printed application could be wrong.…… [Read More]
life we are always faced with situations where the rights on one individual overlap those of another, causing a legal conflict that is often decided upon in the court of law. In many cases, these are private rights, but we are sometimes in a situation when the rights delimitation is imposed by the government, as is the case with the tobacco industry and smoking regulations and delimitations.
The problem with smoking in public places bares much resemblance in Canada, Europe or the United States. The right of smoking individuals to smoke in public places was gradually and constantly diminished to the degree that nowadays smoking in restaurants, offices or any closed locations. The movement against smoking in public places seems to have started in Canada in the early 1990s, when the City of Toronto emitted a series of by-laws, referred to as The Workplace Smoking y-law. This law "requires all…… [Read More]
A comparison of Law Enforcement with Other Professions
Who first comes to mind when you think of a 'Leader'? Is it Alexander the Great? Napoleon? Winston Churchill? Gandhi? Leadership is an interesting phenomenon to consider, from the perspective of civilization, of nations, of political change, and of history. What makes one person a leader while another tries and fails? What is a good leader and how is that different from a 'great' leader? The definition of leadership also varies with the context and with the individual who is defining leadership. The nature of leaders has changed as civilization has evolved, and the leaders we as a society need today may be different from those of a century ago. A national leader is distinct from a local leader, a oy Scout leader, or a team leader in a sport.
Thus, definitions of leadership vary with the situation. However, they include…… [Read More]
Aspara, J. (2009). Stock ownership as a motivation of brand-loyal and brand-supportive behaviors. Journal of Consumer Marketing. 26(6). Pp. 427-436. Retrieved from: http://www.yconomie.com/aspara/articles/aspara-2009_stock_ownership_brand_loyal_behaviors.pdf
In this work, Aspara investigates the psychological motivations underlying stock ownership and its influence on brand loyalty as well as finding empirical evidence to support the explication of these motivations. The author points out that, although consumption and investment psychologies, respectively, have been seen as separate realms, the study reveals that they can have a significant mutual influence. Indeed, the author has found that many individuals who become stockowners in a company also experience a positive and increased motivation towards brand loyalty for that company. Positive word-of-mouth has also been found among individuals becoming stock owners in a company.
What this means for the study to be conducted on brand loyalty among the youth in the United States and Kenya may not be considered in terms of…… [Read More]
Sports have graduated in the last half of the twentieth century from hobbies or pastimes into the pure, unadulterated pursuit of profit. In short, shorts have become a commodity to be exploited as far as the market will allow. The history of American sports has seen this process play out in a stepwise fashion; every several years developments come about that enable the enterprise to expand and increase profits. The latest changes in business that have allowed sports to enlarge have been globalization and communications technologies. Clearly, these two go hand in hand to some extent. Still, both have contributed to the acceleration of the commodification of sports; they have aided its degeneration from a pastime, into the form we see today.
If you were to ask the average American what they thought was wrong with professional sports today they would likely tell you that the amount of money athletes…… [Read More]
Law of Attraction
Metaphysical Law of Attraction
Need for consideration of Metaphysical Law of Attraction
Attitude and their Effects
Positive Effect in everyday interactions
In conflict management
Negative Affect As an indicator of an unhappy relationship
Paving the road to D-I-V-O--C-E
Positive Affect Paves the oad to espect and Admiration
Use of Law of Attraction and Intercultural Communication
Metaphysical Law of Attraction
"Thou, constrained by no limits, in accordance with thine own free will, in whose hand we have placed thee, shalt ordain for thyself the limits of thy nature"..Giovanni Pico della Mirranda, Oranto "De hominis dignitatis, " or "God's Address to Adam."
"If you're not an infinite being, what would be the purpose of your life?"..Wyne Dyer, The Power of Intention
What are your beliefs about the nature of the universe? Do you have believed in order, universal natural laws, cosmic intelligence, or chaos? Do you believe…… [Read More]
Law Firm Marketing Strategy
International marketing involves firms' marketing mix decisions across international boundaries. On the other hand, international marketing involves an operating marketing strategy to capture the markets across national boundaries. However, intense global competitions within the international business environment require firms to employ effective marketing strategies to capture international market shares. (Alansari). A clear and focused international marketing strategy requires firms to understand markets they are intending to target and operate. However, international marketing strategy for legal professionals in the Middle East needs building a strong brand loyalty that is difficult to challenge. (Doole, & Lowe).
Essentially, professional law service firms are built around senior attorneys who have built professional skills, and success of individual attorneys is built not only on the marketing strategy, the success depends on how attorneys market their career. Attorneys possessing a skill set in the international financial market practicing with international firms and…… [Read More]
The Wimbledon Tennis tournament as a hallmark-sporting event creates these social and cultural impact of the community. This is because according to theory transient and recurring events act as important methods of collecting identification of host communities. They present opportunities of asserting, reproducing, reinforcing, and contesting prevailing cultural values and beliefs and social norms (Quinn 2009). Hallmark events are identified as functions that support and reinforce the image of established social and cultural norms.
PR Newswire (2012) indicates the unpredictability of the effects of Olympics as its impact may be difficult to evaluate. However, in the case of London's 2012 Olympics, the games left a lasting impression on the socio-cultural context of ritain. According to Dhar (2012), the games led to the unification and social spirit of unity among the ritish during 2012, as compared to the divided and lawlessness associated with urban riots in 2011. The games increased the…… [Read More]
Intercollegiate Athletics Program Guarantee the Success of a College?
Intercollegiate athletics programs are a common feature in most colleges, and many of these programs have been shown to contribute to the education and development of the young people who participate in them. Moreover, intercollegiate athletics programs, especially men's football and basketball, are major revenue generators through ticket sales for many educational institutions. In many cases, colleges that feature high-profile intercollegiate athletics programs enjoy the benefits of these programs through increased revenues and publicity. Even the best intercollegiate athletics program, though, cannot guarantee the success of a college for the reasons identified through a review of the relevant peer-reviewed and scholarly literature which is provided below, followed by a summary of the research and important findings in the conclusion.
Review and Discussion
Intercollegiate athletics programs in the United States are divided into various divisions (i.e., Division 1A and 1AA), with the…… [Read More]
Given that people engage in sporting events for a wide range of reasons, the authors assert that it is time for athletes to develop a moral code that embraces higher standards of conduct that will help reverse these recent trends and once again provide American sports with a sense of fair play and respect.
Fredenburg, Karen, Rafer Lutz, Glenn Miller et al. (2005). "Dismissals and Perceptions of Pressure in Coaching in Texas High Schools: Similarities and Differences with Previous Studies Show the Contemporary Face of Coaching Pressure." JOPERD-- The Journal of Physical Education, Recreation & Dance 76(1):29.
In this essay, the authors report that there have been a number of recent studies and reports that suggest that the pressure in high school sports is growing, rather than declining. The authors cite an article in Sports Illustrated that described the alarming trends of parental misbehavior at youth sport events. The president…… [Read More]
Secondly, the report alluded to by CSC asserts that in "gender symmetric" sports there are "far more scholarships available for women (32,656) than for men (20,206)." The third bullet point in the CSC press release points out that men's volleyball is the "by far the most difficult" scholarship at the Division I level; there are reportedly 489 high school athletes for every full ride NCAA scholarship.
The "underlying" data that CSC used to put together their press release comes from two NCAA reports: "1981-82-2006-07 NCAA Sports Sponsorship and Participation Rate Report" and "2006-07 NCAA Division I Manual." Also factored into the report is data from the national Federation of State High School Associations. And so what is the College Sports Council calling on the federal government -- and the Department of Education (DOE) -- to do? The press release says that "women are accorded far more opportunities to compete and…… [Read More]
Ironically, as we have seen, we live in a capitalistic society. A sometimes unwilling engine of this equity has been revenue generating sports. hat will be absolutely necessary will be the demand of female consumers who will vote with their wallets in favor of equity. However, they will only do so if they are properly educated. The portrayal of women as equal partners of women in society appears to be a permanent feature of American society. Baring some major social change in society, this trend is likely to continue. As noted above, the place for gender integration in sports on the playing field and court will ironically probably take place on the living room couch in front of the television or in front of the computer. Non-athletes will determine for good or ill the status of gender in sports. They have before and this will certainly continue into the foreseeable…… [Read More]
Addiction to Violence in Sports
Violence is a part of human nature. Violence is a natural part of existence. Human beings have some of the greatest tendencies and great potential for abuse of violence as a means of communication or action. Each person is capable of violence, but that possibility does not mean that that person overall is violent. There are a number of ways in which humans beings can exercise their urges for violence in healthy and productive ways. Participating in sports and sporting events is one such activity where humans can demonstrate violent behavior(s) within specific parameters (game rules) and there be no grave consequences. By the very nature of sports, successful and exceptional players demonstrate at least a moderate level of violence as part of their participation; the violence displayed need not be upon opposing players, though that is a facile example. Violence is sports can…… [Read More]
The court easily could have come to a contrary result, given that it denied most of the allegations of the plaintiff, other than the specific contention that the nature of this specific advertising was particularly inconsistent with state educational statues and school board policy. Even the plaintiff conceded that advertising in the form of school vending machines, yearbooks, sports scorecards, etc. had long been tolerated in schools, and would continue to be tolerated.
Question 2: What guidelines may administrators who are considering potential educational uses of commercially driven Internet technology draw from the above opinion?
The guidelines for school administers regarding advertising thus remain blurry. Video advertising is acceptable, but not the type of video advertising on Channel One. Regarding Internet advertising, it would seem that using the Internet to research material on websites where advertising may appear would be analogous to the permissible practice of taping programs from the…… [Read More]
The 1988 and later 1992 Supreme Court decision in Cipollone v. Liggett Group, Inc. illustrates the functions and role of law in business and public health. This case relates to the tobacco industry's culpability in promoting smoking through marketing campaigns after knowledge of the detrimental effects of smoking, and in spite of the mandatory Surgeon General Warning labels that had been federally mandated since the 1960s and the Federal Cigarette Labeling and Advertising Act (1965 Act).
In the Cipollone v. Liggett Group, Inc., case, it was ultimately decided that the federal laws trumped state laws that permitted promotion of harmful materials, in this case, cigarettes. What is interesting about this case is that it pertains directly to marketing, rather than to the tobacco companies themselves. Separate litigation, of course, impinged upon the tobacco companies. The Cipollone v. Liggett Group case illustrates several key points. First, the case upholds…… [Read More]
Legal Structure and Management of a National Level Sporting Organisation
Sports activities in the world today are becoming more popular and are attracting huge crowd. This is one of the reasons that have made sponsors to come in so as to help such clubs that are not able to support themselves financially. Through sponsoring, the sponsor is able to market and advertise its products within the stadium where the club is playing among other benefits. It is worth noting that sports are viewed as a means of income to each stakeholder including the players. Essendon football club has made Australia to be known worldwide because of the good performance the club has exhibited over the years.
Essendon Football Club is rated as a dynamic world class club in the Australian sporting arena. The success and competitiveness of the club is dependant on its set legal structure and proper management that…… [Read More]
CADWAE: Case Study
Did CADWAE have genuine BFOQs (Bona Fide Occupational Job Qualifications) in its ad?
Do not forget to review the company's slogan as given in the above facts.
Be sure to discuss Petunia's point-of-view as well as CADWAE's position and defenses.
Use legal authority to support your position as well.
In general, it is illegal to discriminate against a job applicant based upon characteristics pertaining to "race, religion, gender, national origin, age or other protected status" ("BFOQ," 2015). However, in certain limited circumstances, if an employer can demonstrate that "no member of the group" he or she is discriminating against could perform the job, he or she may do so, under an exception known as Bona Fide Occupational Job Qualifications ("BFOQ," 2015). For example, airlines may have mandatory retirement ages for pilots because of safety concerns; religious institutions may favor candidates of a particular religion; and modeling and…… [Read More]
Bob Hayes -- Sports Hero
One of my all-time inspirational heroes is Bob Hayes, known as the only athlete to win a gold medal in the Olympics and also a Super Bowl ring. Hayes as a young man with a great deal of athletic talent grew up in a segregated community in Jacksonville, Florida, but he went on to dazzle the world with his accomplishments. This paper details that rise to fame.
Bob Hayes struggled from childhood on to become what he knew he could become, and his career should serve as a positive role model for any young man caught in a socioeconomically underserved neighborhood with odds against him because of the color of his skin and because of racial stereotyping.
Bob Hayes' Life and Times
Hayes was born to Mary (Green) Hayes and George Sanders on the 20th day of December, 1942 in a ghetto on the east…… [Read More]
Operations of International Law and Organizations
eason MNCs have become important in International elations and Law
International law is defined as a set of rules and customs governing the relationships among nation-states. Traditionally, nation-states are considered the principal actors of international law, however, there are an increasing number of other actors that influence the conduct of international relations. MNCs (multinational corporations), international organizations, domestic actors and individuals are increasingly influencing the conduct of international relations. Along with nation-states, MNCs are very important actors in international relations because their activities can influence the international affairs. A multinational corporation is a business entity that has sales operations and productions in several countries. In the contemporary business environment, many MNCs have immense financial resources, which are more than the annual budgets of many countries in Africa, Asia, and Latin America. With their huge financial resources, they have the power to influence a conduct…… [Read More]
Employment Law Is as Important as Knowledge of Criminal Law to the Security Manager
EMPLOYMENT LAW IS AS IMPOTANT AS CIMINAL LAW
The role of a security manager requires diversity; they are required to oversee a department in order to reduce theft, fraud and make sure an organization's assets are well protected. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers. This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship. Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees.…… [Read More]
hypothetical criminal case, and deal with the following concepts in relation to it: mens rea, actus reus, mistake of law, and mistake of fact. It will present arguments in defense of the client (to prove why he mustn't be prosecuted), and vice versa. Lastly, the paper will also debate on how this particular case ought to be judged.
Johnny Juneau, a recluse aged 57 who resided in a hut in the forest, led an ordinary life. The kindly and good-hearted Johnny, however, had a highly mistaken outlook of life. All his friends deemed him to be retarded; Juneau last had a job in the year 1978, from which he was dismissed when he fixed the oven, in the restaurant wherein he was serving as a waiter, to spurt flames 12 feet high. Juneau claimed to be only helping, as he felt his workplace's efficiency would increase with a…… [Read More]
Bill Becomes a Law
Federal laws do not start off as laws, obviously. First, they begin their life as bills introduced by a member of Congress, either in the House of Representatives or in the Congress. The "author" of the bill is said to the be sponsor and there can be a number of sponsors and co-sponsors for a bill.
Once a bill is introduced into the House or Senate, it is assigned a number and passed to a committee, whose job it is to oversee all such bills generated in regards to specific issues. It can happen that one bill will be passed to several committees if it happens that the proposed piece of legislation touches on several issues. The bill can also go to a subcommittee.
This step is followed by the decision by the committee chairman to "mark up" the bill -- which means adding amendments to…… [Read More]
Personal Statement in Diversity Law Program
The Chinese-Americans are among the most successful minority in the United States, yet, they are the most discriminated and under-represented minority group in the United States. According to the 2010 census, the Chinese-American population was 3.8 million approximately 1.2% of the overall American population. Between 2000 and 2010, the Chinese-American population increased by 43%. Despite the population changes, the Chinese-American born in the United States are still underrepresented in the U.S. corporate affair because of their low English proficiency.
The major driving force that makes me pursuing the master's law program and focusing on the diversity of the Chinese-American born in the United States is based on my profound interest in the diversity law and my intent in solving problems related to the diversity. Thus, it is extremely important to address the diversity problem facing the Chinese-American based on their population increase in the…… [Read More]
The CW 70.41.250 is a law that provides cost disclosure to health care providers. It is a state law that offers some control over the spiraling expenses of health care by creating transparency within hospital and medical bills (Wash. State, 2016). Made to ensure health care providers provide only necessary services and reduce inflationary rates, CW 70.41.250 also gives the option for a health care provider or physician to inform patients of such expenses to further increase transparency and perhaps fuel a more communicative provider-patient relationship.
A hospital's chief executive officer licensed under this chapter as well as superintendents of state hospitals must maintain and establish a procedure for releasing to health care providers and physicians that have admitting privileges the expenses of all ordered health care services for their patients. This includes copies of hospital charges if they make orders for inpatient/outpatient services. The health care provider…… [Read More]
policy, law and management. It is based on a particular background that has been provided.
Law, Policy, and Management Brief: Models of Court-Agency Interaction
Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).
However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]
Yes, I do agree with the court's decision. First of all, even if Vaughn's performance was unsatisfactory, she was not given the same opportunity as a white attorney would have had to rectify this, since her supervisors were explicitly told to withhold criticism on her performance reviews. This was not done for Vaughn's benefit but because of fears of litigation against the firm. Secondly, the "black matriarch" comment suggests that there may have been a hostile environment towards African-Americans at the firm and this may have colored perceptions of Vaughn's performance in general (Bennett-Alexander & Hartman, 2007, p.237).
Obviously, it would have been better if the racially-coded remark had never been made to Vaughn. However, rather than withholding information about her perceived unsatisfactory performance in her reviews, a good manager would have given Vaughn specific, targeted criticism so she could improve. Negative aspects of her performance should be documented according…… [Read More]
ooderson has a strong case for arguing that the Ordinance passed by the County is unconstitutional. Article I Section 9 of the Constitution says "No Bill of Attainder ... shall be passed," and Article I Section 10 says "No State shall ... pass any Bill of Attainder." The fact that this Ordinance has been specifically designed to affect ooderson and only ooderson qualifies it as a Bill of Attainder, the term given to legislation that is designed to specifically affect a single individual. The Supreme Court ruling in Fletcher v. Peck (1810) holds "A bill of attainder may affect the life of an individual, or may confiscate his property, or may do both. In this form the power of the legislature over the lives and fortunes of individuals is expressly restrained." If ooderson can prove the religious motive of the Comissioner who designed the Ordinance, it violates the Establishment Clause;…… [Read More]
The following shall be answers to questions that relate to employment law. It shall be a case analysis.
PG 93 Questions
Southwest Airlines Company has accepted that it is an organization, which recruits only female workers. It rejects employing male workers. It has both weight and height limits which would inhibit male applicants. It stated that a Title VII outlaw on discrimination of sex justified its recruitment of female workers for public contact posts of flight attendants and ticket agents. The company maintained its reasons for not employing male workers, as being that the female workers would present the sexy image of the company (Bennett-Alexander and Hartman, 2012 page 92). The issue that hence results now, is whether Southwest has proved that being female is a practically essential BFOQ to sustain the success of the business hence the discrimination in sex. Southwest Airlines failed in their defense claim.…… [Read More]
De minimus communication refers to occasional communication between defendants and jurors that would have no impact on the outcome of the case. Minimal communication like a hello or giving directions would not influence the case in anyway and this is allowed within the American legal system (Hess & Orthmann, 2009). This allows the defendants to not seem aloof or unfriendly to the jurors. Minimal communication is permissible and is at times unavoidable, and this rule ensures that one can have slight interactions with the jurors without it affecting their case. Unauthorized communication can affect the trial and result in a mistrial, but the law has recognized that it is not possible to avoid all contact especially with the jurors. This would ensure that greeting a juror or giving them directions does not result in a mistrial.
The discovery process is a formal process of exchanging information amongst the parties regarding…… [Read More]
If this employee's testing policy is to be implemented, the company especially their HR Department must be strict with their rules. If the applicant fails in one of the requirements one should not accept the applicant. The amusement also needs to hire one Lifeguard Professional Trainer from all applicants. This trainer will be hired only during peak season to orient and to have further training for everybody who has passed the initial interview. The trainer will also be one of the evaluators of each applicant. The qualifications that a trainer must have are the following: 1. He must be a CPR Professional Rescuer; 2. He must be a First Aid Certified; 3 He is currently employed and has trained in a well-known amusement complex; 4. He must have a minimum of 10 years experience as a lifeguard; 5.He must be 30-40 years old.
All new employees who undergo training and…… [Read More]
Bill Becomes Law
The following is a matter that relates to the nursing community. It requires legislative attention. There is a research that leads to a proposal on the same.
Shortage in the nursing staffs has been a matter of considerable concern lately. The nursing fraternity is faced with a cash flow problem in the current financial year. It has been noted that future plans that have promised some funding assistance are unlikely to succeed (American Association of Colleges of Nursing -- State Legislative Initiatives to Address the Nursing Shortage).
Such a desired end seems unlikely because there are fewer new nurses joining the nursing career. Nevertheless, there is an alternative way to realize funding for these critical programs and attract more nursing staff in the community. The new Nurse Support Program (NSP) is one of the ways the program can be revitalized. NSP is a notion proposed…… [Read More]
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…… [Read More]
Sustainability Process in the Design of Construction of Sports Venues
In the United States, the construction and operation of sports stadiums create certain numbers of environmental problems. The construction projects including the sports projects consume 60% of the U.S. raw materials yearly. Moreover, the physical facilities in the United States consume 14% of the country's potable water, responsible for 38% of CO2 emissions, 30% of waste output, and 72% of electricity consumption. In most cases, construction of sports projects fails to integrate sustainable protocols in their design strategies during and after the constructions leading to the environmental degradations. Many products used to construct the facilities exteriors and interiors after or during the construction affect the environment negatively. Over the years, the U.S. government introduces series of legislations such as the Clean Water Act (CWA) and Clean Air Act (CAA) mandating the sport events stakeholders to integrate sustainability into the design…… [Read More]
To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato (MN) women's shelter because (allegedly) they refused to fit into the sexually charged atmosphere created by a few staff members." (Lang, 1) the clarity of motives for their collective dismissal aligned the decision directly with Title VII.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim. Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]
Therefore, a closer look at what is needed is in order.
Needed Changes, Stakeholders and Barriers to Change
The decades that followed ockefeller and Felony Offender made it clear that these laws were in dire need of change for a variety of reasons. Perhaps most importantly among the reasons for a need for change was the fact that many of those in need of recovery from drug addiction were instead being locked away in prison, burdening the justice system, breaking up families and torturing people with a definite disease. On the other side of the argument, however, barriers to change in these policies was led by staunch conservatives who, not realizing the many facets of drug addiction, were too fast to dismiss addicts as criminals who were only getting what some felt they deserved (nysda.org). In reality, however, there are effective solutions to the debate.
Effective Solutions to the Debate…… [Read More]
Australian Laws for Alcohol Use
Australian Laws related to Alcohol Use
Underage drinking is a huge problem in Australia and more and more minors are having access to alcohol. This is having a big impact on their mental, emotional and physical growth as well as on the society at large. The existing laws do not provide stringent punishment to the offenders, especially those who are making it easy for underage drinkers to have access to alcohol and it is time the Government increases the punishment to make it more difficult for them to have access to it. The Government should also pass laws that will fill the existing loopholes and also provide a support system for young kids to turn to when they have emotional problems. A combination of these measures can go a long way in curbing underage drinking in Australia.
Underage drinking is a common problem in many…… [Read More]
Of even more significance is that twelve states go ahead to extend litigation costs and attorney fees "to a shooter who prevails in a civil lawsuit, creating a strong disincentive for a shooting victim to pursue justice in the civil system" (Mayors against Illegal Guns 6)
The Reach of Stand Your Ground Law
Although the Stand Your Ground Law is largely and extensively linked to Martin's case, a 2012 investigation by Tampa Bay Times revealed that "the Martin incident is far from the only example of the law's reach" (Lee). The relevance of this law as a major factor in judges' decisions, acquittals, and prosecutors' decisions, some of which involved cases that did not result in the victim's death, cannot be overstated (Lee).
In 2012, a Louisiana court acquitted Byron Thomas of all charges relating to an incident in which the 21-year-old, after a marijuana transaction turned sour, opened fire,…… [Read More]
Do laws serve to help the masses or do they serve the "propertied and privileged few?" (Heywood 152) This question is thrown into stark relief, given the recent Kobe Bryant Scandal regarding the accuser's allegations that the NBA superstar raped her. (CNN.com, 2003)
Theorists and Sociological concepts
On one hand, it could be argued that the privileges of the wealth and fame offered by Bryant's status gave him added media protection. However, it could also be alleged that in a rape trial, given the seriousness of the offense, one cannot presume a defendant's guilt. Although societal prejudices may condemn the women's sexual behavior or mental instability, in the past American history of justice, Black African-American males have frequently and falsely been accused of violating white women as means of "keeping them in their place." Thus, the "bifurcated consciousness," or a polarized identity kept in place by the absolutism…… [Read More]
Deliberate discrimination may be to blame -- in part. But companies can also make it easier for women to balance the challenges of work and family life in a more effective fashion, given that these responsibilities often fall disproportionately on female shoulders. Providing day care for women, allowing more flexible work schedules for employees, as well as diversity and sensitivity training are all necessary. Encouraging female mentorship programs to undercut the influence of the still strong 'all boys network' of promotion is another critical move to shatter the ceiling.
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267… [Read More]
MEDIA LA: Argue Against: Discuss 1st amendment implications Family Prevention Tobacco Act 2009. Are tobacco
The Family Prevention Tobacco Act of 2009 was one of the more controversial pieces of legislature passed in recent times, for the simple fact that it gave a great deal of authority to the Food and Drug Administration to limit the effectiveness of the tobacco industry and its various companies to sell its products. There are multiple components of this legislation, which encompass various aspects of sales, advertising, inspections and registration of new products on the part of manufacturers. Among the many points of dissension that individual and collective entities within this industry claim regarding this legislation is that it limits their First Amendment right of freedom of speech. A thorough examination of the spirit and the lettering of this act, however, reveals that of its many different components, only one (that pertaining to advertising)…… [Read More]
ecause of the overall negative side effects, many opponents will argue that despite the positive benefits, the drawbacks of using the drug are severe. (Morrow, 2009) This is the reason why it should remain illegal (because of: these negative side effects). An example of this can be seen with comment from the Institute of Medicine which found, "The most compelling concerns regarding marijuana smoking in HIV / AIDS patients are the possible effects of marijuana on immunity. Reports of opportunistic fungal and bacterial pneumonia in AIDS patients who used marijuana suggest that marijuana smoking either suppresses the immune system or exposes patients to an added burden of pathogens. In summary, patients with preexisting immune deficits due to AIDS should be expected to be vulnerable to serious harm caused by smoking marijuana." ("Top Ten Pros and Cons," 2006)
What this shows is the conflicting opinions, as to if medical marijuana can…… [Read More]
In his preparation for a career in sports, an unethical coach or teammate may present the boy with steroids to enhance his physical performance, with the claim that Rodriguez advocates the use of such substances.
Furthermore, Rodriguez's apparent lack of remorse and his adherence to the claim that he was "young and stupid" creates a poor image for both the sport, its stars, and its followers. It furthermore indicates that being young precludes a person from making wise choices, and that only a maturity in years could bring the wisdom necessary to say no to performance-enhancing drugs.
This also has an effect upon parenting, and the ability of parents to influence children for their best benefit. tars such as Rodriguez indirectly promote drugs by means of their behavior. Jeopardizing good parenting in this way also influences the stability of the family and hence of society as a whole. It is…… [Read More]
Octagon Sports Organization Structure
Octagon Sports Organizational Structure
The most fundamental aspect and/or tool for establishing a successful organization is the organizational structure. Organizational structure is a typical and hierarchical arrangement of lines of authority, rights, duties, and communications within an organization, thereby defining how powers, roles, and responsibilities are assigned, coordinated, and controlled, and how information flows between the diversified levels of management. All these aspects are thereby directed towards the attainment or achievement of an organization's aims and/or goals. An organization's structure depends on the organization's core objectives and strategies. There are two categories of organizational structure comprising (i) centralized structure, and (ii) decentralized structure. Within a centralized structure, the top management owns, if not all then, most of the decision making powers, as well as staunch control over the organization's departments and divisions. On the contrary, in a decentralized organizational structure, the power for decision making is…… [Read More]
Many top recruits did not flourish and become great players.
The player's union has opposed salary caps vigorously, but even players might benefit. Yes, they might not make A-od salaries. But there would be less pressure from fans and owners to perform at an unrealistic level. Baseball is attempting to transition into a kinder, gentler era, with less emphasis on using drugs to perform at a high level. Instating a salary cap would be excellent P for the sport, and improving the image of baseball and its players would be good for the game and good for the teams. And ultimately, elevating the image and level of play of teams, rather than the fortunes of a few 'star' players, is the true spirit of the game.
deMause, Neil. (2006). Baseball between the numbers: Why everything you know about the game is wrong. Excerpt available at ESNP July 23, 2011…… [Read More]
A successful trade dress infringement lawsuit requires that a company have a distinctive trade dress and that the similarity between the trade dress was likely to confuse consumers. Even though AE's catalogue may have been very similar to A&F's, both companies used their trademark and symbols throughout their catalogues, which sold different types of clothing in totally different manners (A&F used sexuality to market its clothing, while AE used the image of family). The difference in clothing type, marketing angle, and the liberal use of marks and symbols meant that there was no risk of consumer confusion; therefore A&F was not entitled to protection under the Lanham Act.
2. The New York Times discovered that 24 employees were sending inappropriate and offensive e-mails, which violated its corporate policy. The issues facing the Times where whether the employees had a right of privacy in their emails and whether the…… [Read More]