State Law Essays (Examples)

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Law Complies With the Equal

Words: 487 Length: 2 Pages Document Type: Essay Paper #: 2256788

Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation. As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v. Madison established the power of the U.S. Supreme Court to interpret the application of the Commerce Clause.

4. What is discovery and what are the methods to obtain this information?

Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…… [Read More]

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Laws Impacts on Business and Its Costs

Words: 1579 Length: 5 Pages Document Type: Essay Paper #: 98947301

laws that affect business, pertaining to the issues of employment, health and safety, unions, discrimination, privacy and job security. These laws guide how businesses should conduct themselves in the human resources function, setting constraints on employer behavior. This paper will outline a number of these laws with respect to how they affect the employer.

Employment and Discrimination

There are several laws that fall into the category of civil rights laws. The base law is the Civil ights Act of 1964, in particular Title VII. This clause established the Equal Employment Opportunity Commission and set out guidelines for equality in employment, providing protections on the basis of race, ethnicity, gender, color, religion or national origin (EEOC, 2013). Since the passage of the Civil ight Act the 1970s saw the passage of other acts that extended the protections of the CA. These extensions applied to the disabled (Americans with Disabilities Act), on…… [Read More]

References

Bagnestos, S. (2013). Employment law and social equity. Michigan Law Review. Vol. 112 (2013) 225-273.

Brill, E., Fant, L. & Baddish, N. (2013) 2012-2013 U.S. Supreme Court wrap-up: Hot topics in labor and employment law. Employee Relations Law Journal. In possession of the author.

EEOC. (2013). Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from  http://www.eeoc.gov/laws/statutes/titlevii.cfm 

EEOC. (2013). Genetic information discrimination. Equal Employment Opportunity Commission. Retrieved December 5, 2013 from  http://www.eeoc.gov/laws/types/genetic.cfm
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Laws Affecting the Human Resources

Words: 4295 Length: 16 Pages Document Type: Essay Paper #: 48075020



Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.

Discrimination:

In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]

Bibliography

Affirmative Action. (12 Oct. 2004). Online. Available at http://en.wikipedia.org/wiki/Affirmative_action[accessed 15 October 2004].

Crampton, Suzanne M., Hodge, John W., Mishra, Jitendra M. "The FLSA and Overtime Pay." Public Personnel Management 32, no. 3 (Fall 2003): 331-354. Database online. Available from ProQuest database.

DeLeire, Thomas. "The Wage and Employment Effects of the Americans with Disabilities Act." Journal of Human Resources 35, no. 4 (Fall 2000): 693-715. Database online. Available from Business Source Premier database.

EEO Poster. (No date). Online. Available at http://www.dol.gov/esa/regs/compliance/posters/pdf/eeopost.pdf[accessed 11 Oct. 2004].
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States Rights vs National Government

Words: 1485 Length: 5 Pages Document Type: Essay Paper #: 43328432

IGHTS VS. NATIONAL LAWS

National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state laws have enormous significance as this form of government allows "people . . . To pass their own laws in virtue of the legislative power reposed in representative bodies, whose legitimate acts may be said to be those of the people themselves." [1] Deborah Merritt, Ohio State University law professor, has often been cited in Court rulings for her discussion of relationship between federal and state laws. Merritt notes that "since at least the eighteenth century, political thinkers have stressed that republican government is one in which the people control their rulers." [2].

United States is a prime example of this form of government since the Constitution allows states to make its own local…… [Read More]

REFERENCES

1. Baker v. Carr, 369 U.S. 186, 222-23 n.48 (1962), quoting In re Duncan, 139 U.S. 449, 461 (1891).

2. Deborah Jones Merritt, The Guarantee Clause and State Autonomy: Federalism for a Third Century, 88 Colum. L. Rev. 1, 23 (1988)

3. Id. At 61 (quoting Brown v. EPA, 521 F.2d 827, 840 (9th Cir. 1975), vacated and remanded for consideration of mootness sub-nom EPA v. Brown, 431 U.S. 99 (1977))

4. U.S. Const. art.,I § 8, cl. 3.
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Laws With Relation to the

Words: 501 Length: 2 Pages Document Type: Essay Paper #: 47101663

In high school students must pass regents examines before they are able to graduate.

If a Title I school does not show annual progress for two consecutive years, that school will be identified as a "needs improvement school." The district is mandates bylaw to take whatever actions are needed to correct the situation by the following year.

The NCLB laws place reading at the top of the priority list in academic subjects.

North Carolina schools comply with all federal and state laws with regard to its school system.

The schools are funded by federal, state and county taxes which are earmarked not only for education but for specific segments of the public school system.

Legislators in North Carolina have to walk a line between making sure mandates are being met while at the same time being sure they are properly educating the children in their districts.

Often times the two…… [Read More]

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Law Enforcement Levels

Words: 663 Length: 2 Pages Document Type: Essay Paper #: 59106282

branches within the law enforcement field. All these branches have a range of jurisdictions but have a common purpose of enforcing laws that have been passed by legislatures and the protection of the American citizens and those who live within the American borders. There are different law enforcement agents everywhere and they are interested in what one does, the particular agents present depend on ones location and what they are doing. This paper will look at three law enforcement branches; local, state and federal law enforcement. It will look at what thee three entail and how they differ in terms of jurisdiction and authority.

At the local enforcement agencies, the commonplace and frequently experienced law enforcement agency are municipal police officers. These police officers represent villages, towns and cities. A striking difference between these local officers and those found within state and federal level is that they offer the first…… [Read More]

References

Law Teacher. (2014). Local, State and Federal Law Enforcement. Retrieved September 10, 2014 from http://www.lawteacher.net/criminology/essays/local-state-and-federal-law-enforcement.php

Harkins, D. (2009). What are the Differences Between Federal, State and Local Law Enforcement. Retrieved September 10, 2014 from  http://www.ehow.com/info_8251672_differences-state-local-law-enforcement.html
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States Power and the 17th Amendment Why States Lost

Words: 1216 Length: 4 Pages Document Type: Essay Paper #: 87001033

17th Amendment to the U.S. Constitution was ratified in 1913. It altered the way in which Senators of the Congress were elected. Previously, under Article 1 of the Constitution, it was the state legislature's responsibility to elect senators to Congress. ith the 17th Amendment, however, the voting power was placed directly into the hands of the public. The Amendment also provided a way for states to allow governors to fill vacancies in their state's appointed seats in Congress by temporarily appointing a senator until a time in which a special election could be conducted.

The text of the Amendment states specifically that "two Senators from each State, elected by the people thereof, for six years" shall be the manner in which senators are now voted into office. This effectively made the process of electing senators more democratic and less representational, in the sense that that the voting public had the…… [Read More]

Works Cited

Bybee, Jahy. "Ulysees at the Mast." Northwestern University Law Review, vol. 91, no. 1

(1997): 530-564.

Zwicki, Todd. "Beyond the Shell and Husk of History." Cleveland State Law Review, vol. 45, no. 1 (1997): 1021-1034.
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Law Enforcement Priorities and Public Sector Leadership

Words: 5421 Length: 18 Pages Document Type: Essay Paper #: 96700535

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"…… [Read More]

References

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.
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Laws of Corrections When Someone

Words: 1503 Length: 5 Pages Document Type: Essay Paper #: 62993009

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)

Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…… [Read More]

References

Deon Christopher Carter v State of Maryland. (2003)
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Law in Ancient Times Comparison

Words: 2944 Length: 8 Pages Document Type: Essay Paper #: 44453630



If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further disorders. Revenge can easily run in endless cycles, and fear of punishment may not in and of itself be any deterrent at all, in particular if the act which is to be punished was committed in the heat of passion or without premeditation. Philosophers of law and ethics have long discussed the precise nature of the divine code that was given to Moses. On a fundamental level, there exists the question as to whether these laws are immutable expressions of an unchanging natural order such as has always existed, or whether these Mosaic laws represent merely the decrees of God that are applicable to a particular, time, place, or situation.…… [Read More]

Bibliography

http://www.questia.com/PM.qst?a=o&d=58992717

Dalley, Stephanie, a.T. Reyes, David Pingree, Alison Salvesen, and Henrietta McCall. The Legacy of Mesopotamia. Edited by Stephanie Dalley. Oxford: Oxford University Press, 1998.

A www.questia.com/PM.qst?a=o&d=106890738

Del Testa, David W., ed. Government Leaders, Military Rulers, and Political Activists. Westport, CT: Oryx Press, 2001.
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Law Enforcement and Corrections

Words: 1720 Length: 4 Pages Document Type: Essay Paper #: 38804912

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]

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Laws and Wages Legislation and Wages An

Words: 1194 Length: 4 Pages Document Type: Essay Paper #: 90409740

Laws and Wages

Legislation and Wages: An Intricate Dance, but Who's Leading?

Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]

References

Bernstein, D. (1993). The Davis-Bacon Act: Let's Bring Jim Crow to an End. Accessed 12 December 2012.  http://www.cato.org/pubs/briefs/bp-017.html 

Cornell. (2007). Lilly M. Ledbetter, Petitioner v The Goodyear Tire & Rubber Company. Accessed 12 December 2012. http://www.law.cornell.edu/supct/html/05-1074.ZD.html

US DOL. (2012). The McNamara-O'Hara Service Contract Act (SCA). Accessed 12 December 2012. http://www.dol.gov/compliance/laws/comp-sca.htm#.UMrWu3Pjmjc

US DOL. (2012a). Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA). Accessed 12 December 2012.  http://www.dol.gov/whd/flsa/#.UMrWpXPjmjc
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Laws Governing Business Entities Laws Governing Business

Words: 1940 Length: 4 Pages Document Type: Essay Paper #: 34619310

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.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]

References

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.
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Law of Demand Changes in Supply and

Words: 882 Length: 3 Pages Document Type: Essay Paper #: 22372455

Law of Demand

Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.

Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…… [Read More]

References List

Garegnani, P., (1970). Heterogeneous Capital, the Production Function and the Theory of Distribution. Review of Economic Studies, 37(3), 407 -- 436.

Sullivan, A. & Sheffrin, S.M. (2003). Economics: Principles in Action. Upper Saddle River,

New Jersey: Pearson Prentice Hall.

Vienneau, R.L. (2005). On Labour Demand and Equilibria of the Firm. Manchester School,
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Law Comm Tech Innovations in Database Communication

Words: 1963 Length: 7 Pages Document Type: Essay Paper #: 83386894

law comm. tech

Innovations in Database Communication Technologies for Law Enforcement

The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.

Mobile Data Terminals and Facial Recognition:

Both Mobile Data Terminals and…… [Read More]

Works Cited:

Cedres, D. (1997). Mobile data terminals and random license plate checks: the need for uniform guidelines and a reasonable suspicion requirement. All Business.

Hess, E. (2010). Facial Recognition: A Valuable Tool for Law Enforcement. Forensic Magazine.

Monopoli, D.M. (1996). Mobile Data Terminals: Past, Present and Future. National Criminal Justice Reference System.

Wallace, H., & Roberson, C. (2009). Written and interpersonal communication: Methods for law enforcement (4th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
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Laws Relating to Different Businesses Laws Related

Words: 733 Length: 2 Pages Document Type: Essay Paper #: 719988

Laws elating to Different Businesses

Laws elated to Different Businesses

Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies

The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]

References

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.
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Laws and Marriage Legal Marriage

Words: 609 Length: 2 Pages Document Type: Essay Paper #: 26503070



Forms of marriage that should be legally banned

ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]

Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses. Old men marrying young girls who have just entered puberty are not a customary marriage. Although this has often been done, it cannot be tolerated.

However, times are changing: the prevalence of HIV is rising day by day. This practice has made significant contributions to the spread of HIV. Girl Child Rights and public health advocates have emerged victorious in the abolition of this practice. Research studies revealed that adolescents are greatly exposed to the risk of HIV / AIDS because most of them face sexual violence, come from plural marriage, and cannot negotiate for safe sex. In this regard, because plural marriage is a catalyst for the spread of HIV / AIDS, it should also be legally banned. Girls who engage in such practices have demonstrated a high illiteracy level, low contact with peers and limited access to health and media messages.
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Law and the Legal Systems

Words: 804 Length: 3 Pages Document Type: Essay Paper #: 29918446



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.

Week 8

5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]

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Laws and Corrections the Proposed

Words: 1929 Length: 6 Pages Document Type: Essay Paper #: 42979032



One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.

Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]

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Laws of Power Win Through

Words: 2061 Length: 5 Pages Document Type: Essay Paper #: 62269819

This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people from…… [Read More]

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Law Enforcement Officers and Gratuities

Words: 372 Length: 1 Pages Document Type: Essay Paper #: 20484144

These gratuitous cookies are simply a show of appreciation to the police force in general and enhance the job satisfaction factor for officers.

On the other hand, the Code of Ethics states that "Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law" (n.d.). With this in mind, it would not be acceptable for an officer to accept a free oil change, in exchange for him not reporting the fact that he noticed a stolen car in the back of shop. Even when gratuities are given without a specific 'favor' in mind, it could be implied that that officer will give special treatment to the person at a later date, and for this reason, in general, gratuities should not be accepted.

eferences

Code of ethics online.…… [Read More]

References

Code of ethics online. (No date). Retrieved July 21, 2006, at http://ethics.iit.edu/codes/coe/Law_Enforcement_Code_of_Ethics.html.

Law Enforcement Officers and Gratuities
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Law Enforcement Group Productivity as

Words: 1252 Length: 3 Pages Document Type: Essay Paper #: 28116313

Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]

Works Cited

Franklin Covey. "The 7 Habits of Highly Effective People for Law Enforcement." Franklin

Covey.com. 2007. Franklin Covey. 3 Aug. 2008 http://www.franklincovey.com/lawenforcement/7H%20FOR%20LAW%20ENFORCEMENT%20FLYER.PDF.

Harris, John. "Picking and Keeping Law Enforcement and Corrections Officers in Florida."

Florida Department of Law Enforcement. 2008. Florida Department of Law Enforcement. 3 Aug. 2008 http://www.fdle.state.fl.us/FCJEI/SLP%20papers/Harris,%20J.pdf.
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Law Enforcement Is a Different

Words: 2482 Length: 7 Pages Document Type: Essay Paper #: 50871742

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.

Loyalty

The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]

Bibliography

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
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Law Enforcement Corruption Controlling Corruption

Words: 1188 Length: 4 Pages Document Type: Essay Paper #: 31462683



Accountability

"Accountability refers to the mechanisms by which both law enforcement officers and the agencies they serve are held responsible for promoting social order, reducing crime, and treating each individual fairly and within the limits of the law" (Chambliss, 2011). The three dimensions of police accountability are accountability to the public, accountability to the law, and accountability to each other (other members of the police force. If one were to look at the most fundamental dimension of police accountability, such as accountability to the public, one would see just how crucial this is: "It both defines and protects citizens' rights while also promoting a collective sense of faith in the larger criminal justice system" (Chambliss, 2011).

The three E's are "Effectiveness -- whether police accomplish what they are supposed to do: A. Do they effectively control crime? B. Are they successful in arresting offenders? Efficiency-- whether they accomplish their tasks…… [Read More]

References

Chambliss, W. (2011). Police and Law Enforcement. Thousand Oaks: Sage Publishing.

Katz, C. (2002). Chapter Outline. Retrieved from McGraw-Hill.com: http://highered.mcgraw-hill.com/sites/007241497x/student_view0/part3/chapter11/chapter_outline.html

Newham, G. (2011, June). Tackling Police Corruption. Retrieved from issafrica.org: http://www.issafrica.org/crimehub/uploads/ISS_Anti-Corruption_SAPU.pdf
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Law Business Case Brief Case

Words: 923 Length: 2 Pages Document Type: Essay Paper #: 92748676

It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.

Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who…… [Read More]

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Law and Society

Words: 1060 Length: 3 Pages Document Type: Essay Paper #: 31200313

Law and Society

Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]

Works Cited

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
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State Prisons vs Private Companies Operated Prisons

Words: 868 Length: 3 Pages Document Type: Essay Paper #: 75851714

State vs. Private Prison

The United States prison system is designed to ensure that the members of society who have chosen to violate the law and commit crimes are suitably punished. Prisoners are sent away for a period of time based on the crime committed and the severity of that crime. Additional factors such as age, mental and emotional state, and motive may have a contribution to the sentencing of the prisoner. The prison system is comprised of both state-funded institutions and those run and controlled by private funding. Both forms of institutions serve the same inherent function, to punish those who have committed crimes and to rehabilitate the offenders so that they can be released back into society without posing a potential threat to other law-abiding citizens. Those who cannot be rehabilitated will either be executed by the state or sent to prison for a life sentence. However, there…… [Read More]

Works Cited:

Levine, D.M. "What's Costlier than a Government Run Prison? A Private One." Fortune. 2010.

Print.

"Private Privatization and the Use of Incarceration." The Sentencing Project. 2004. Print.

Siegel, Larry J., and Joseph J. Senna. Introduction to Criminal Justice. Belmont, CA:
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Law Enforcement How Technology Is

Words: 2126 Length: 8 Pages Document Type: Essay Paper #: 92113740

"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)

Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]

References

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
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Law Enforcement - Dubious Value

Words: 3012 Length: 11 Pages Document Type: Essay Paper #: 79998387

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.

However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]

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Law Enforcement Policies and Procedures

Words: 1183 Length: 4 Pages Document Type: Essay Paper #: 23884295



Hot Pursuit Policy

The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.

1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…… [Read More]

References

Kenney, D.J. & McNamara, R.P. (1999). Police and policing: Contemporary issues. Westport,

CT: Praeger.

Ramsey, K. (2006, October 4). Sheriff candidates talk costs, staffing. Daily Herald (Arlington

Heights, IL), 1.
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Law of Demand States That

Words: 460 Length: 1 Pages Document Type: Essay Paper #: 19746245

2).

With certain luxury goods, the reverse of the law of demand holds true: the higher the price, the greater the perception of quality. A pair of Seven jeans or a pair of Sears jeans can be equally functional as clothing: but the greater social status given to the brand-name, designer jeans results in a higher price and greater demand for Seven jeans (Elasticity, 2009, Spark Notes, p.1). High prices can have a 'signaling' effect, justified or not, that the item is especially socially desirable or of higher quality (Thomas et al. 2004). High prices can also act as a form of screening of a 'certain type of customer:' the high rents in the Hamptons ensure that only very wealthy people can afford to rent or buy property in the area, making property in the region desirable because of its high price, although many other nice, seaside towns may be…… [Read More]

Reference

Elasticity. (2009). Spark Notes. Retrieved January 14, 2009 at  http://www.sparknotes.com/economics/micro/elasticity/section1.html 

Thomas, Manoj, Vicki G. Morwitz & Leonard M. Lodish. (2004, January 24). When do higher prices increase demand? The dual role of price in consumers' value judgments. Wharton.

University of Pennsylvania. Retrieved January 14, 2009 at http://marketing.wharton.upenn.edu/documents/research/When_do_higher_prices_increase_demand_2004.pdf
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Law Enforcement - Threat Assessment

Words: 1355 Length: 5 Pages Document Type: Essay Paper #: 23574023



For example, the motorized wheelchair elevator of the transport vehicle may take equally long in both directions but the protectee need not be on scene while the elevator platform descends. By delaying the exit of the protectee from the departure location until the transport vehicle elevator is already in the down position and prepared for immediate ascent, the protection agent can reduce the protectee's exposure my more than half in comparison to positioning the protectee outside the transport vehicle while the wheelchair lift elevator descends into the bottom position. The prospect of protecting a wheelchair- bound protectee necessarily adds at least one agent to the protective protocol because an agent (rather than a non-agent assistant or nurse) must control the wheelchair; but the rear position eliminates that agent from any traditional position as a protective shield.

Medical Considerations:

In general, protectees with delicate medical conditions who require perpetual care necessarily…… [Read More]

References

Freeh, L. (2005). My FBI: Bringing Down the Mafia, Investigating Bill Clinton, and Fighting the War on Terror. New York: St. Martin's Press.

Kessler, R. (2002). The Bureau: The Secret History of the FBI. New York: St. Martin's Press.
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Criminal Laws in the United States Are

Words: 964 Length: 3 Pages Document Type: Essay Paper #: 20430734

Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.

Creation of Laws in the United States:

Most of the…… [Read More]

References:

"History of American Law." (n.d.). Historyoflaw.info. Retrieved March 19, 2012, from  http://www.historyoflaw.info/history-of-american-law.html 

Kelly, M. (n.d.). Early Development of the United States Court System. Retrieved March 19,

2012, from http://americanhistory.about.com/od/judicialbranch/a/Early-Development-Of-The-United-States-Court-System.htm

"Lawmaking in the United States." (n.d.). UIC -- University Library. Retrieved from University
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Lex Fori Approach the State

Words: 596 Length: 2 Pages Document Type: Essay Paper #: 24530970

A finding that the "Smithville crossing is extremely hazardous" is a finding of fact. Anytime that a court is discussing a finding of fact, it cannot simply rely on stare decisis, but must examine whether the factual situation has remained the same since announcing the first rule. For example, the Smithville crossing could be extremely hazardous in rainy May weather, but not hazardous in dry December weather. In addition, the Regional Transit Authority may have placed appropriate warnings or safety devices, which would have changed the nature of the crossing. Therefore, the court may not accept the conclusion announced in the Walters case. However, if the factual conditions did not change between the two accidents, the court should recognize its own precedent and follow the Walters decision.

7. When a court makes its decision effective as precedent at a date in the future of its decision, it generally does so…… [Read More]

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Stand Your Ground Law 'Stand Your Ground'

Words: 1203 Length: 4 Pages Document Type: Essay Paper #: 47614641

Stand Your Ground Law

'Stand your ground' laws

To inform

tand your ground' laws are extremely controversial pieces of legislation.

Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.

It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy

tand your ground' laws are extremely polarizing pieces of legislation.

Credibility statement:

My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.

Zimmerman…… [Read More]

References

Block, M. (2012). A history of 'stand your ground' laws. NPR. Retrieved from:

http://www.npr.org/2012/03/20/149014228/a-history-of-stand-your-ground-law-in-florida

Botelho, G. & Yan, H. (2013). George Zimmerman found not guilty of murder in Trayvon

Martin's death. CNN. Retrieved:  http://www.cnn.com/2013/07/13/justice/zimmerman-trial/index.html
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Dumb Laws in US

Words: 899 Length: 2 Pages Document Type: Essay Paper #: 49416239

Dumb Laws

Most people think about the laws of their country, state or city as being there for their own good and to protect either them or those who cannot protect themselves, such as children and animals. However, a look at some of the laws still on the books in our states and cities makes the reader wonder what the lawmakers were thinking when they passed those laws. These "protective" laws may not have actually protected many people or animals from very much.

Some laws are more understandable than others. A number of archaic laws involve what is and is not appropriate clothing, and others govern what is and is not acceptable language. While today we know that in the great majority of cases, both clothing and language are protected under the Constitution, there was a time when lawmakers thought it necessary to restrain both how people dressed and how…… [Read More]

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Court Opinion United States v

Words: 1054 Length: 4 Pages Document Type: Essay Paper #: 68000698

U.S.C. § 48 is not aimed at specific instances of animal cruelty, but specifically at the creation and distribution of depictions of such abuse for the purposes of interstate and/or foreign commerce. This is the act that the appellant was unarguably engaging in when apprehended by law enforcement, and the fact that the law is not aimed at those participating directly in acts of animal cruelty does not in and of itself create a constitutional objection.

The statutes specific mention of interstate commerce renders the appellant's claim that the constitutionality of the statute is in question due to a dependence on state definitions also moot. Not only were the acts depicted in the videos the appellant old to law enforcement agencies unquestionably illegal in all fifty states, but the federal government has a duty to regulate interstate commerce specifically because state definitions and regulations differ. Failing to regulate the interstate…… [Read More]

References

FindLaw (2010a). NEW YORK v. FERBER, 458 U.S. 747 (1982). Accessed 14 January 2010. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=458&invol=747

FindLaw (2010b). CHAPLINSKY v. STATE OF NEW HAMPSHIRE, 315 U.S. 568 (1942). Accessed 14 January 2010. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=315&invol=568
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Business - Law Business Law

Words: 309 Length: 1 Pages Document Type: Essay Paper #: 46843251

Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.

3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.… [Read More]

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Business Law and Enforcing Contracts

Words: 1016 Length: 3 Pages Document Type: Essay Paper #: 87990401

Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]

References

Friedman, L.M. (2005). A History of American Law. New York: Touchstone.

Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.

Cincinnati, OH: West Legal Studies.
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Federal and New Hampshire State

Words: 1312 Length: 4 Pages Document Type: Essay Paper #: 77425619



Thus, striking workers are protected from losing their jobs to "scabs," workers who cross picket lines to work without a union contract or representation. It is interesting to note that federal law does not protect union workers this closely, and neither do many other states.

Another interesting New Hampshire law is the Crime Victim Employment Leave Act, which just took effect on January 1, 2006. The law stipulates that employers must allow employees who are victims of crimes time off work to attend court proceedings and other legal or investigative proceedings. However, the employer does not need to pay the employee for this time off. Employers cannot discriminate or fire employees who ask to use this provision, and employees cannot lose their seniority while they are absent from work. This is an interesting law in that it addresses a concern for many employees that is not addressed by the federal…… [Read More]

References

Editors. (2005). Employment law guide. Retrieved from the DOL.gov Web site: www.dol.gov/compliance/guide/index.htm10 June 2006.

New Hampshire Legislature. (1965). Citizens job protection. Retrieved from the New Hampshire State Web site: http://www.gencourt.state.nh.us/rsa/html/XXIII/275-A/275-A-1.htm10 June 2006.

1997). Minimum hourly rate. Retrieved from the New Hampshire State Web site: http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-21.htm10 June 2006.
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Confusion Trailer Hitches Facts The State of

Words: 1098 Length: 4 Pages Document Type: Essay Paper #: 47487511

Confusion: Trailer Hitches

Facts: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, truckers either have to avoid Confusion or have the hitch installed. The federal government has not attempted to regulate truck hitches on the nation's highways. Tanya Trucker, a trucking company owner in the state of Denial, intends to file suit against Confusion to overturn the statute.

What court has jurisdiction over the dispute? Is the Confusion state statute Constitutional?

easoning: Determining the court of original jurisdiction is a matter of examining the applicable statutes. Under 28 U.S.C.S. § 1332(a)(b), the federal courts have original jurisdiction over lawsuits where the parties are citizens of different states, if the amount in controversy is at least $75,000. Under 28 U.S.C.S. § 1331, the district…… [Read More]

References

28 U.S.C.S. § 1331

28 U.S.C.S. § 1332(a)(b).

Bosco, D. (2011 May 26). The six stages of a civil lawsuit. Retrieved November 17, 2011 from Bosco Law Firm, LLC website:  http://www.boscolegal.com/articles/the-six-stages-of-a-civil-lawsuit.html 

Southern Pacific Co. v. Arizona, 61 Ariz. 66, 145 P.2d 530 (1945).
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Gilbert's Summaries Contracts the Law

Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]

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International Law Efficiency of the International Laws

Words: 847 Length: 2 Pages Document Type: Essay Paper #: 19540799

International Law

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…… [Read More]

Reference

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
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Megan's Law

Words: 1817 Length: 7 Pages Document Type: Essay Paper #: 67960466

Megan's Law (Pro)

In 1994, Megan's Law was passed in order to protect innocent women and children from violent sex offenders. Critics of the law have argued that the law infringes on the constitutional rights of sex offenders after they have been released from prison; however, it is my position that the law is constitutional and an excellent deterrent to stop repeat offenses by convicted sexual offenders.

This report is an attempt to understand the constitutionality of Megan's Law. Megan's Law was the state of New Jersey's attempt to control repeat sex offenders from assaulting women and children. The law eventually became a national campaign to control sex offenders as all fifty states have since adopted at least some parts if not all of the original New Jersey statute. However, because we live in a society where rights go to both criminal and non-criminal alike, there are several legal battles…… [Read More]

References

Ahearn, Laura A. (2004). Albany Drags Feet Better action needed against sexual predators. Newsday, October 25.

Curtis, Kim (2004). Law to Put Crime Data Online Awaits OK. AP Online, August 31.

Hampson, Rick (7/28/1998). N.J.'S Megan's Law Is Seen As Model, But Still Has Its Flaws. USA Today.

Richey, Warren (2003). Megan's Law Upheld; High Court Allows Internet Lists That Track Sex Offenders. The Christian Science Monitor, March 6.
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Wills Outline of Gilbert Law

Words: 3832 Length: 10 Pages Document Type: Essay Paper #: 60528103



E.

Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.

F.

Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.

Components of a Will

A.

Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.

B.

Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.

C.

Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]

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Fire Service Law Consensus Standards

Words: 3242 Length: 10 Pages Document Type: Essay Paper #: 30347693



Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.

Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.

The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly…… [Read More]

Works Cited

Biondo v. City of Chicago 2002 U.S. Dist.

Columbus Civil Service Commission v. McGlone 82 Ohio St. 3d 569; 1998 Ohio 410; 697

N.E.2d 204; 1998 Ohio

Gary L. Knapp et al. v. City of Columbus 06a0472n.06; 192 Fed. Appx. 323; 2006 U.S. App.
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U S Legal System United States

Words: 580 Length: 2 Pages Document Type: Essay Paper #: 97546111



b. Civil -- Civil cases involve disputes between two parties. In these cases the person or entity who files the suit (the plaintiff) claims that the other person or entity (the defendant) has failed to fulfill a legal obligation to the plaintiff. The plaintiff may request the court to require the defendant to either fulfill the obligation or make monetary restitution.

III. Federal Court System

a. Jurisdiction -- The jurisdiction of federal courts is limited to what is provided in the Constitution. Typically, these are cases involving:

i. Cases in which the United States is a party

ii. Cases involving violation of the U.S. Constitution or Federal Laws iii. Cases between citizens of two different states if the amount is greater than $75,000

iv. Bankruptcy, copyright, patent, and maritime law cases.

b. Organization of Federal Court System -- There are three basic levels of the federal court system. These are…… [Read More]

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Regulating Commerce Between the States Was One

Words: 545 Length: 2 Pages Document Type: Essay Paper #: 19025732

Regulating commerce between the states was one of the overriding problems facing the drafters of the original U.S. Constitution. Under the Articles of Confederation, regulating such commerce was a significant problem so when the Constitution was being written the following language was incorporated to address the problem. In Article 1, Section 8 the Constitution states:

o regulate Commerce with foreign Nations, and among the several States,

and with the Indian ribes.

Further, in Article 1, Section 9 the Constitution states:

No ax or Duty shall be laid on Articles exported from any State. No Preference

shall be given by any Regulation of Commerce or Revenue to the Ports of one

State over those of another, nor shall Vessels bound to, or from one State

be obliged to enter, clear, or pay Duties in another.

he issue of the Federal Government's power to regulate interstate commerce was not largely contested until…… [Read More]

The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.

The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.

Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010 from the World Wide Web: http://www. Computerworld.com/s/article.
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Jurisdiction the Law Expresses Itself Through the

Words: 953 Length: 3 Pages Document Type: Essay Paper #: 69866056

Jurisdiction

The law expresses itself through the means of the court and its officers. The procedures and rules that accompany the various legal systems of these courts is essential knowledge for those wishing to gain a deeper understanding of the law and how it works. The purpose of this essay is to discuss and compare the differences jurisdictional issues within the United States court system. This paper will first define these terms before examining some of the requirements for each type of issue. This essay will also discuss the two types of cases federal courts may hear.

Subject vs. Personal Jurisdiction

According to the Legal Dictionary personal jurisdiction is the "The power of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located." According to the legal dictionary subject matter jurisdiction is "…… [Read More]

References

Kesan, J.(ND). Brief Summary of Personal Jurisdiction Law. University of Illinois College of Law. Viewed 5 Sep 2013. Web.

The Legal Dictionary (ND). "Personal Jurisdiction." Viewed 8 Sep 2013. Web.

The Legal Dictionary (ND). Subject Matter Jurisdiction." Viewed 8 Sep 2013. Web.

Spencer, B. (1999). Nationwide Personal Jurisdiction for our Federal Courts. Denver Universtiy Law Review, 87,(2). Web
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Is Law Political

Words: 1373 Length: 4 Pages Document Type: Essay Paper #: 89581572

law and politics and demonstrate what the difference is, if any, between law and politics.

The difference between law and politics has been debated among those to who are referred to as "purists," which are those who hold as a belief that "law" and "politics" have nothing to do one with the other and those which are referred to as "legalists" would adhere to the belief that there is absolutely no difference between law and politics. The first obvious step of discovery is to examine the definition of each of these subjects. The definition given for law is as follows:

rule established by government. 2. legal profession

police 4. rule of natural phenomena.

Next to discover the definition for politics which, is listed as follows:

Politics: n 1. Theory and conduct of government 2. Political affairs and methods.

At first glance it does seem that the two indeed are the…… [Read More]

Bibliography

Centre for Law, Politics and Culture: Area of Research Strength. 2004. [Online] available at http://www.utpjournals.com/product/utq/671/difference18.html

Explorations in Difference: Law, Culture and Politics. Foreword author: Honorable Jules Deschenes, et al. Univeristy Toronto Quarterly Vol. 67 No.1 winter 1997/98 [Online] available at http://www.scu.edu.au/research/clpc/CLPC_rationale.pdf

Dorf, Michael C. 2000. Is There a Distinction Between Law and Politics? Yes, And the Bush V. Gore Decision Proves It. [Online] available at  http://writ.news.findlaw.com/dorf/20001227.html 

Webster's New Compact Dictionary (1978)
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Federal Versus State Courts Authority

Words: 666 Length: 2 Pages Document Type: Essay Paper #: 50294234

Federal and State Court Authority

The federal court system was founded by the United States Constitution and derives its authority from that document. The establishment of the federal court system is specifically derived from Article II which created the institution of the Supreme Court, the highest law in the land, and also permitted Congress to establish a system of lower courts. At present, there are 94 district level trial courts and 13 courts of appeal (“Court Role,” 2018). The state courts derive their power from the state constitutions directly, although state authority does not supersede that of federal authority. This was a major sticking-point between federalists and antifederalists and remained a point of contention during the early days of the republic.

State courts possess what is referred to as general jurisdiction, which means that all cases not within the scope of the federal courts are within the jurisdiction of the…… [Read More]

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Right to Practice Law the

Words: 1043 Length: 3 Pages Document Type: Essay Paper #: 31747949

As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…… [Read More]

Works Cited

Gillers, Stephen. Regulation of Lawyers: Problems of Law and Ethics. Aspen, 2009.

Klienfelter, Quinn. "Blind would-be law student claims discrimination in testing." NPR.

June 15, 2011. [June 20, 2011]

http://www.npr.org/2011/06/15/137179261/blind-law-student-claims-discrimination-in-testing
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Impact of the Gun Control on the States

Words: 3770 Length: 13 Pages Document Type: Essay Paper #: 89925838

United States, in accordance with crime and violence, has been having highest rates of crime and violence in the world, and largely most of them violence are related to gun. U.S. Department of Justice has indicated that in the United States, violence related to guns consists of the largest violence rate. For example, back in year 1995.

Homicides who were involved in gun violence were about 68% out of which 60% were the cases related to handguns. Another example is that more than 34 thousand peopled died due to the gunfire in 1996 out of which 41% were outcomes of homicide in the United States (Shay et al., 1999).

The first law on gun control came about in 1911 in the State of New York. However, the most significant law on gun control was the rady bill which was passed in 1994. According to this law there is a restriction…… [Read More]

Bibliography

Box, G.E.P. And G.M. Jenkins. (1976). Time-series Analysis: Forecasting and Control. San Francisco: Holden-Day.

Campbell, R.E., Tour, O., Palmer, A.E., Steinbach, P.A., Baird, G.S., Zacharias, D.A. And Tsien, R.Y. (2002) A monomeric red fluorescent protein. Proc Natl Acad Sci USA, 99, 7877- 7882.

Cook, P.J. (1983). The Influence of Gun Availability on Violent Crime Patterns. In N. Morris and M. Tonry (Ed.), Crime and justice: An annual review of research, Vol. 4. Chicago: University of Chicago Press.

Cook, P.J. (1980) Reducing Injury and Death Rates in Robbery, Policy Analysis 6: 21-45
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Case Laws

Words: 2054 Length: 7 Pages Document Type: Essay Paper #: 99222646

Slaughterhouse Cases, Takings Clause

PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's…… [Read More]

BIBLIOGRAPHY

LII (2013). Nebbia v. New York. Legal Information Institute: Cornell University Law

School. Retrieved on November 30, 2013 from http://www.law.cornell.edu/supct/html/historics/USSV_CR_0291_0502__ZO.html

Lurie, J. (2003). Reflections on justice, Samuel F. Miller and the slaughterhouse cases:

still a meaty subject. Vol 1 # 1, NYU Journal of Law and Liberty: New York