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Analyze and criticize the statement: The strategy of the Sherman Anti-Trust Act and other U.S. antimonopoly legislation is to ensure that each company has meaningful competitors in every product market in which it participates. This strategy works to prevent monopoly pricing of products but unfortunately it is inadequate to prevent the development of quasi-political control of entire societies by oligopolies whose member corporations share a quasi-political agenda. Therefore, as the world becomes a single market, some new strategy must be developed to control the reach of the corporate oligopolies.
The statement is illustrating how the Sherman Anti-Trust Act needs to be updated. This is because globalization has created situations, where multinational corporations can own a variety of assets around the world. The problem is that many foreign-based firms could avoid the different provisions of this law based upon: the properties, resources and assets that they control. This means…
Gerber, D. (2010). Global Competition. New York, NY: Oxford University Press.
Hardaway, R. (2011). The Great American Housing Bubble. Santa Barbara, CA: Praeger.
Weir, R. (2007). Class in America. Westport, CT: Greenwood Press.
One of the reasons it is against the anti-trust laws to do this is because it places large businesses like Wal-mart and Microsoft at an unfair advantage because they have enough capital to get through lean times caused by below cost pricing long enough to drive the small business competitors out of business.
Many states have laws against selling gasoline below a legal limit that is set by the government for that purpose.
Several years ago when the price of gas was on the rise companies began realizing that if they offered gas at a reduced rate it would lure consumers into their business and allow them to purchase other goods.
One example was suit filed against Kroger in which the store was accused of violating antitrust laws when it priced its gas below cost.
The store argued that it was not doing so to drive other gas stations out…
Antitrust below cost pricing http://en.wikipedia.org/wiki/Predatory_pricing
Proposed New York Gasoline Legislation Could Harm Consumers, Says FTC Staff
AG takes aim at below-cost pricing statute: Issue was highlighted in a recent federal court decision against Kroger Co. For offering customers discount on gas for buying groceries.
Antitrust Laws: Benefits, Importance, And Effectiveness
Standard economic theory holds that sufficient competition is a vital ingredient for the effective functioning of markets, without which unscrupulous players would be better placed to not only obtain monopoly power, but also impede on allocative efficiency by setting prices in their favor (Updegrove, 2007). In order to prevent this and ensure the maintenance of sufficient competition, governments enact antitrust and competition laws and put in place special institutions to oversee the enforcement of the same (Updegrove, 2007). Antitrust laws, therefore, seek to foster sufficient competition within markets by preventing the emergence of cartels and monopolies. However, in spite of this theoretic economic rationale, there still is a fierce debate about the effectiveness and practicability of antitrust laws.
Benefits of Competition
Competition fosters efficiency because it drives service providers to not only venture, but to also initiate and innovate, so as to respond better…
Baer, B. (2013). Remedies Matter: the Importance of Achieving Effective Antitrust Outcomes. Antitrust Division: U.S. Department of Justice. Retrieved from http://www.justice.gov/atr/public/speeches/300930.pdf
UK Euro Info Centers. (2013). Ineffective Laws. UK Euro Info Centers. Retrieved from http://www.euro-info.org.uk/euro-economics/microeconomics-and-macroeconomics/poverty-and-freedom/modifying-the-market-system/preserving-competition-in-the-market/ineffective-laws.php
Updegrove, A. (2007). Laws, Cases and Regulations. Consortium. Retrieved from http://www.consortiuminfo.org/laws/
Why would large airlines want to join alliances such as One World, Star, or Sky Team? What are the potential advantages and disadvantages?
The main reason why large carriers want to join alliances is because it helps them to: increase their competitive position. These primary advantages are what have been fueling the push for a number of airlines to embrace this model. The way this improves their operations, is to reduce the total amounts of competition on different routes. This enables one carrier (who is the most profitable) to offer these services to consumers. These alliances help all airlines to benefit from this arrangement by reducing costs and competition on key routes. (Hauptman, 2008) (Wensveen, 2011)
The biggest disadvantages are that these organizations could form a trust. This is when the airlines will use strategic alliances in order to increase fares. When this happens, it means that there will…
Hauptman, J. (2008). The Target. Limerick: E-Book Sale Publishing.
Wensveen, J. (2011). Air Transportation. Burlington, VT: Ashgate Publishing.
While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.
The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…
BusinessWeek. (2004). Who will Fastow Implicate.
Retrieved April 22, 2008, at http://www.businessweek.com/bwdaily/dnflash/jan2004/nf20040115_1433_db035.htm
Gilmartin, K.M., & Harris, J.J. (1998). Law Enforement Ethics: The Continuum of Compromise. Police Chief Magazine
Retrieved April 22, 2008, at http://www.rcmp-learning.org/docs/ecdd1222.htm
Australian Property and Trust Law
The objective of this study is to examine a specific scenario. That scenario involves the writer of this work as solicitor for the Goldstone City Council, a fictional authority in Queensland, Australia and head of the property law division of the Council under the direction of the Head Legal Counsel. The Head Legal Counsel has asked the writer to provide a written response to her in regards to the following matter: In 2014, a wealthy local citizen, Mr. obert Kennedy, died. Clause 5 of his Will provides:
"I GIVE AND BEQUEATH the sum of FIVE HUNDED THOUSAND DOLLAS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLAE that the fund so created shall be utilized towards the costs of travel and accommodation within that region and the costs…
Preece, AA (2000) The Impact of the Law of Inheritance on the Family. Paper delivered at the 7th Australian Institute of Family Studies. Conference Sydney Convention and Exhibition Centre, Darling Harbor Sydney, 24-26 July 2000. Retrieved from: http://www.aifs.gov.au/conferences/aifs7/preece.pdf
Types of Testamentary Trusts (nd) Moores. Retrieved from: http://www.moores.com.au/images/uploads/files/Types_of_Testamentary_Trusts.pdf
Wills and the Legal Effects of Changed Circumstances (2010) Alberta Law Reform Institute. Edmonton, Alberta. Retrieved from: http://www.law.ualberta.ca/alri/docs/fr098.pdf
Wills: The Anti-Lapse Rule: Supplementary Report to the Standing Committee of Attorneys General. National Committee for Uniform Succession Laws. Retrieved from: http://www.qlrc.qld.gov.au/reports/r61.pdf
Multicultural Law Enforcement
Racism in U.S. Law Enforcement
There is much controversy with regard to race and the Criminal Justice System, as many are inclined to believe that people belonging to particular racial groups are more likely to suffer from discrimination as a result of their skin color. Police officers are instructed in order for them to gain a complex understanding of moral values and ethics and this makes it possible for them to learn more about differentiation and the degree to which discriminating a person can affect the respective individual and society as a whole. Many believe that in some cases stereotypes are people's only ability to differentiate between a potential criminal and an innocent person. However, the chances to go wrong are particularly high and it is thus essential for each police officer to refrain from targeting particular groups simply because they have the same skin color as…
Campbell, A. "Florida Cops Fired Over Racist Texts, KKK Video," Retrieved April 27, 2015, from http://www.huffingtonpost.com/2015/03/22/cops-fired-racist-video_n_6918652.html
Keesee, T., & Nila, M.J. "Fairness and Neutrality: Addressing the Issue of Race in Policing," Retrieved April 27, 2015, from http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2334&issue_id=32011
Shusta, R.M., Levine, D.R., Wong, H.Z. Harris, P.R. "IMPACT OF CULTURAL DIVERSITY ON LAW ENFORCEMENT," Retrieved April 27, 2015, from http://wps.pearsoncustom.com/wps/media/objects/4173/4273671/Ch01.pdf
"Obama says other police departments are racist in first remarks on Ferguson," Retrieved April 27, 2015, from http://www.dailymail.co.uk/news/article-2982267/Obama-holding-town-hall-historically-black-college.html
Police: Building Trust Between Police and Communities
Building Trust between Police and Communities: Police
Police Trust, Integrity and Ethics in Bridging the Gap in Community elations
The death of Eric Garner in the hands of New York police, and the shootings of 12-year-old ice Tamir and Michael Brown in Ohio and Missouri respectively, have and continue to brew a wave of public mistrust in the police service. Such incidences often spur massive public protests that eventually destroy relations between police and the communities they serve. A study conducted by euters on 3,600 citizens between December 2014 and January 2015 found that a significant 27.6% of adult Americans do not trust the police to be fair and just (euters, 2015). In December, 2015, President Barrack Obama signed an executive order creating the Task Force on 21st Century Policing, whose primary aim is to build confidence and trust in the local police.…
IACP. (2010). Building Trust between the Police and the Citizens they Serve. The International Association of Chiefs of Police (ICAP). Retrieved from http://www.theiacp.org/portals/0/pdfs/BuildingTrust.pdf
Miller, L. & Hess, K. (2007). Community Policing: Partnerships for Problem-Solving (5th ed.). Belmont, CA: Cengage Learning.
Raines, J. (2011). Ethics in Policing: Misconduct and Integrity. Sudbury, MA: Jones & Bartlett Publishers.
Reuters. (2015). Do Americans Trust their Cops to be Fair and Just? New Poll Contains Surprises. Reuters.com. Retrieved from http://blogs.reuters.com/great-debate/2015/01/15/one-third-of-americans-believe-police-lie-routinely/
Microsoft Anti-Trust Case
Microsoft was charged with using its position as an industry leader in computer software to force buyers to buy products that were bundled with Internet Explorer. The claim was considered a breach of anti-trust laws which declared that a company cannot package two products together based on one's popularity or market position with the consumer (U.S. v. Microsoft, 2002-2006). Microsoft has denied such claims that they took an unfair advantage of the market and consumer in order to strengthen an already dominant position in the industry (Hemphill, 2004). Especially in the case of the product coming from a company that has domination over the software industry such as Microsoft.
The Internet Explorer browser was not sold but given as a free product with the purchase of the Operating System by Microsoft. This is done by many companies throughout the industry. However when Microsoft applied this marketing principle,…
Brick, R. (2001). U.S. appeals court overturns Microsoft anti-trust ruling . Retrieved June
16, 2011 from http://www. nytimes. com/2001/06/28/business/28WIRE-SOFT. html
Goldman, D. (2010). iPhone anti-trust law goes to class action. Retrieved June 16, 2011
from http://money. cnn. com/2010/07/12/technology/apple_att_lawsuit/index. htm
Policing needs to change, especially has it has failed to live up to its potential in improving quality of life for all citizens. The ideal police force is indeed one that prevents crime, keeps order, respects the rights and dignity of citizens, is friendly and courteous, respects the laws, and does not abuse its power through corruption. Policing needs to be increasingly situated as integral to all other community organizations and institutions. Collaborative and strategic partnerships will help law enforcement achieve the goals it shares in common with other social and political organizations. Reforming community relations, improving trust and accountability, and working together with stakeholders are some of the keynotes of twenty-first century policing models.
According to the IACP (2018) policing will change in the upcoming years by focusing on both internal and external issues. This means that in addition to the externalities of community relationships and strategic partnerships, police…
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
Conceptually, civil law is a group…
This is where a company will seek to purchase competitors through: buying the stock of the other company (in the same industry). The idea is that by reducing the total amount of competitors, an organization will be able to have greater control over prices and consumer choices. In the health care industry this is problematic, as any kind of mergers / joint ventures could be considered to be an attempt to restrict choices. At which point, it is possible that the government could use this law to limit the overall activities of the company. This is because, they could make an effective argument that any kind of reduction in the amount of competition will adversely affect consumers. As the odds increase dramatically, that any attempts to consolidate will be considered to be anti-competitive. Given the fact that costs are increasing, any type of negative reaction could cause the organization, to…
The Sherman Anti-Trust Act. (2010). Linfo. Retrieved from: http://www.linfo.org/sherman.html
Cushman, R. (1999). Construction Law Handbook. Gaithersburg: Aspen.
Hall, M. (2009). Health Insurance Profit Soars. AFL CIO. Retrieved from: http://blog.aflcio.org/2009/05/27/health-insurance-profits-soar-as-industry-mergers-create-near-monopoly/
Hewitt, I. (2004). Joint Ventures. London: Sweet and Maxwell.
Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004
The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.
Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.
The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders…
Swire, Mary (2004) "New Australian Corporate Governance Regime Now in Force" Lowtax News Story 16 September 2004 [Online] available at http://lowtax.net/asp/story/storyaus.asp ?
04-002 ASIC Focuses on Defective Debenture Prospectuses" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-002 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+on+defective
04-001 ASIC Protects over $456 Million in Shareholders Funds" (2004) Australia Securities and Investments Commission - 2004 Media Release 04-001 ASIC [Online] available at http://www.asic.gov.au.asic/asic_pub.nsf/byheadline/04-004+ASIC+focuses+protects+over+$465
Parliamentary Secretary issued to Treasurer (2004) Corporation Amendment Regulations 2004: Statutory Rules 2004. [Online] available at: www.asic.com
The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.
Background Of Trenton School District
It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…
..individuals are taxed in their total annual income minus their net new additions to savings, which equals annual consumption (eiler).
Both forms of consumption tax are not without their troubles and for the most part there is no consensus on the benefits of either alternative. Overall, the quest to reform the current system of taxation rages on. It will be very difficult to reform the current progressive tax system of because it is so steeped in bureaucracy and tradition.
The purpose of this discussion was to examine the progressive income tax. e found that the this tax system operates by taxing a certain percentage of individual income excluding certain deductibles. The investigation detailed the history of progressive taxation and clearly defines progressive taxation. The investigation revealed that the implementation of such taxation was controversial since its inception which came as a result of an amendment to the constitution. In…
Boyd T. 2002. Guide to the Tax Act of 2001: The Economic Growth and Tax Relief Reconciliation Act of 2001. Review of Business. Volume: 23. Issue: 1. Page Number: 33+.
Creedy J., Gemmell N. 2002. The Revenue Responsiveness of Consumption Taxes. Contributors: - author. Journal Title: Economic Record. Volume: 78. Issue: 241. Page Number: 186+.
Fougere M.., Ruggeri Giuseppe C. 1998. Flat Taxes and Distributional Justice. Review of Social Economy. Volume: 56. Issue: 3. Page Number: 277+.
Fratantuono Michael J. The Great Tax Wars: Lincoln to Wilson -- the Fierce Battles over Money and Power That Transformed the Nation. Contributors: - author. Journal Title: Parameters. Volume: 33. Issue: 4. Publication Year: 2003. Page Number: 168+.
Unconsented Facebook Behavioral User Research
Facebook's 2012 involvement in a behavioral experiment on a series of its unknowing users
There is much controversy with regard to Facebook's role in a scandal involving users being followed and exploited. The company is responsible for performing a study where 689,003 individuals on Facebook were manipulated in an attempt to determine how particular ideas influenced them. These respective users were divided in two groups: one of them was provided with news feeds containing positive information while the other was provided with news feeds containing negative information. As a consequence of the experiment, analysts determined that the first group was more likely to make positive posts while the second was inclined to post negative ideas.
Facebook's attempt to interfere with people's lives and analyze how this affected them raised a series of questions:
as this experiment ethical?
as this experiment legal?
Bakan, J. "Childhood Under Siege: How Big Business Targets Children." (Simon and Schuster, 9 Aug 2011)
Hill, K. "Facebook Added 'Research' To User Agreement 4 Months After Emotion Manipulation Study." Retrieved November 17, 2014, from http://www.forbes.com/sites/kashmirhill/2014/06/30/facebook-only-got-permission-to-do-research-on-users-after-emotion-manipulation-study/
Jacobsen, D., & Idziorek, J. "Computer Security Literacy: Staying Safe in a Digital World." (CRC Press, 27 Nov 2012)
Kramer, A.D.I. Retrieved November 17, 2014, from https://www.facebook.com/akramer/posts/10152987150867796
client is going to harm to someone or himself it must be reported. This is a simple black and white issue with very little room for gray if the client states that he or she is already determined to commit harm to someone, and have a plan on how to do it. In this case however it is not as clear cut and it becomes more complicated to decide. This particular client has made statements that if she discovers her husband is having another affair then she will harm him. There are several elements that must be addressed in order to handle this situation correctly. The therapist is the counselor to both of the parties within the couple therefore may or may not have knowledge that the husband is indeed having another affair. The main criteria for deciding how to act in this scenario is probability. The therapist must decide…
Corrections/Law Enforcement H Website
When I searched for the occupation correctional officer (CO), after using the 'visit' button next to the "My Next Move" tab, a list of matching and similar occupations appeared rapidly ("I want to be a & #8230;," n.d.). At the top of the list was a link for job information about COs and jailers. Some preliminary information was presented to the right in a columnar format, which is apparently intended to give an extremely short overview of job outlook, the environmental soundness of the career, and whether training is required. When I clicked on the link for COs and jailers, I was immediately taken to a new webpage providing more detailed information about these three criteria and other job-specific information. Navigating my way through these three webpages took less than two minutes. My experience of navigating to job information about COs using the O-Net esource Center…
"I want to be a & #8230;" MyNextMove.org. Retrieved 17 Nov. 2012 from http://www.mynextmove.org/ .
NCOD (National Center for O*Net Development). (n.d.). O*Net Interest Profiler. MyNextMove.org. Retrieved 17 Nov. 2012 from
Undocumented Immigrants in Gainesville
The city of Gainesville has a population of about 54,000 and of these, approximately 3,200 are illegal aliens. The law enforcement community in this city is charged with protecting these undocumented aliens on the one hand and enforcing illegal immigrant laws on the other. To the extent that undocumented residents are afraid that the police will enforce the latter may be the extent to which they are discouraged from seeking help from the law enforcement community when they need it, exacerbating existing crime levels. Conversely, the extent to which law enforcement authorities fail to enforce illegal immigration laws may be the extent to which they are viewed as being malfeasant in the prosecution of their official duties. To determine the optimal course of action for law enforcement authorities faced with these conflicting priorities, this paper reviews the relevant literature including a discussion of so-called "sanctuary cities"…
Armajani, B. (2007, August). What transformational leaders do. Government Finance Review, 23(4), 79-83.
Bahn, S. (2013, April 1). Transformational leaders? The pivotal role that supervisors play in safety culture. International Journal of Training Research, 11(1), 17-21.
Bambale, A. & Jaafaru, S. F. (2012, May 1). Servant leadership as employee-organization approach for performance of employee citizenship behaviors in the Nigeria's electric power sector. Journal of Marketing and Management, 3(1), 1-5.
Berger, T. A (2014, Fall). Servant Leadership 2.0: A call for strong theory. Sociological Viewpoints, 30(1), 146-150.
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.
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
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.
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.
Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…
Comparative Law and Business
A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…
X Arner, D.W., Booth, C.D., Lejot, P., & Hsu, P.F.C. (2007). Property rights, collateral creditor rights, and insolvency in East Asia. Texas International Law Journal, 42(3), 515-559.
CLW Malaysia. (2006). Laws of Malaysia: Contracts Act of 1950.
X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.
X Davis, G.B., Ein-Dor, P., King, W.R., & Torkzadeh, R. (2006). IT offshoring: History, prospects and challenges. Journal of the Association for Information Systems, 7(11), 770-792.
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…
DuPlessis D., Enman S., Gunz S., O'Byrne S., (2011), Canadian Business and the Law, Nelson Education Ltd., pp 5-110
learn how the law works by memorizing a set of rules or theorems. A misconception lies in the commonly asked question, "What is the law?" -- since it presupposes that it's all laid out somewhere on great stone tablets. The truth is that the answer often is, "It depends." As you'll soon discover the legal system basically is a method of applying abstract rules or social policy to concrete situations. To comprehend its workings, you have to get involved in the process -- it's a little like learning to swim in that you've got to jump in and splash around a bit. It's not an unpleasant sensation, but it may seem little strange until you get used to it and learn to keep your head above water. You'll discover it's a bit like peeling an onion in that as you strip away one layer of complexity you find another one…
Carter, L.H. (1979) Reason in Law.
New York: Little Brown & Co.
Dershowitz, A.M. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.
New York: Little Brown & Co.
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…
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.
Watson v. Fort Worth Bank & Trust 108 S.Ct. 2777 (1988)
elevant Case Facts:
After being rejected four times for promotion to a supervisory position at Fort Worth Bank & Trust, an African-American employee (P, the Plaintiff) at Fort Worth Bank & Trust brought a claim under Title VII of the 1964 Civil ights Act against the bank (D, the defendant). The basis of P's suit was that in assessing P's qualifications for promotion, D used subjective criteria to determine her performance. These included interviews, rating scales and experiential requirements that had not been subjected to scientific validation procedures. D asserted that interviews and rating scales should not be subjected to the validation procedures required in disparate impact cases. D believed it should not be required to show that the criteria used to determine employee qualifications were strictly are job-related under the law, so long as they had not been…
Corley, Robert N., et al. The Legal and Regulatory Environment of Business. Boston: McGraw-Hill.
Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.
Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.
In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.
Description of How the Law Applied to the Facts
The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…
Carr, Christopher. 'The Inequality of Bargaining Power.' (1975) 38 Modern Law Review, 4, 463 -- 466.
Giles, Peter. Concise Contract Law.(1988) [188 -- 190].
Irving, Shae. Nalo's Encyclopaedia of Everyday Law. (2008).
Waddam, S. Case Materials and Contracts. (2005) [604 -- 609].
Unlike Baxendale, there were no special circumstances outside of the normal business considerations that would have required specific communication to the contractor as to the nature of potential losses to Jose arising from a completion delay. Ordinary knowledge would have been sufficient for the contractor to know that his delay would also delay the opening of the cafe. The lawyer advised Jose that Jose was liable to the contractor for the rest of the contracted price of the work the contractor performed minus the lost profits and other direct damages Jose could establish. Jose had no other damages, but his business records did show lost profits of $7,500. Jose agreed to let the lawyer contact the contractor and offer to settle the outstanding claim against Jose through a payment of 2,500 to the contractor, representing the balance of the contracting work minus Jose's lost profits.
Jose mentioned that business was…
Dawson, J.P., Harvey, W.B., Henderson, S.D. (2002) Contracts: Cases and Comment 8th Ed.
Friedman, L.M. (2005) a History of American Law 3rd Ed.. New York: Simon & Schuster.
Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd Ed.. Cincinnati: West Legal Studies
Ethics in Law Enforcement
"Sometimes [police officers] may, and sometimes may not, lie when conducting custodial interrogations. Investigative and interrogatory lying are each justified on utilitarian crime control grounds. Police are never supposed to lie as witnesses in the courtroom, although they may lie for utilitarian reasons similar to those permitting deception & #8230;" (Skolnick, et al., 1992)
Is it ethical for law enforcement officers to use deception during the interrogation process? It appears that when officers are attempting to extract a confession from a suspect, deception is, in many cases, commonly applied strategy. Does a code of ethics conflict with the way in which law enforcement conducts its interviews and interrogations? hat do the courts say about deceptive interrogation tactics? These issues will be reviewed in this paper.
Deception in the Interrogation Room
Is it ethical to lie to obtain the truth? No. Do the ends justify the means?…
Braswell, Michael C. (2011). Justice, Crime, and Ethics. Maryland Heights, MO: Elsevier.
Leo, Richard A. (2009). Police Interrogation and American Justice. Cambridge, MA: Harvard
McMullen, Patrick M. (2005). Questioning the Questions: The Impermissibility of Police
Deception in Interrogations of Juveniles. Northwestern University Law Review, 99(2),
The June 2010 change to the manner in which dividends were deemed payable shifted the requirement from a measure of profit to a balance sheet-based formula in which dividends were only payable if assets outstripped liabilities, essentially.
This is, according to the facts of the case as presented, the only reason the dividend payment might be considered insolvent trading or otherwise contrary to the legal and financial constraints of the company under current Australian law. As the error was again solely the fault of chief financial officer George, the directors incur no liability in this instance.
As described above, the board of directors at Hampton Park Pty, td. incurred no liability in this case as they relied on information provided by a competent and informed employee in the person of the company's chief financial officer, George, which legally absolves them of liability in this case.
Whether or not…
Lipton, et al., 469.
Deloitte, "Changes to Corporations Law rules for payment of dividends." (2010).
Corporations Act 2001, Section 189.
employment law is as important as knowledge of criminal law to the security manager. Discuss Over the last several years, the issues of employment and criminal law have become increasingly connected. This is because of shifts in attitudes about changes in the responsibilities of security managers. What is happening; is they are expected to serve as a stop gap measure to prevent potential abuses from taking place. The challenge is that these adjustments mean they must have a greater understanding of these concepts in order to provide effective advice about how to deal with them. (Cole 2007)
For instance, one of the issues impacting firms is the numerous lawsuits they will face from their activities and the effects they are having on everyone. In some cases, this can lead to litigation from employment related disputes with some instances bordering on criminal law. To provide the best assistance requires that security…
Cole, G, 2006, The American Criminal Justice System, Thomason, Belmont.
Cole, G, 2007, Criminal Justice, Thomason, Belmont.
Fox, L, 2004, Enron, Hoboken, Wiley.
Kunzelman, M, 2013, BP Spill Trial, Huffington Post. Available from: [3 June 2013].
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
com/html/HotLinks_LemonUCC.html).Therefore the law allows an assumption on the part of the buyer to believe that the vehicle is free from defect unless that defect has been disclosed prior to purchase (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html).
The UCC mandates with regards to Lemon Law provision allows a buyer to reject a purchased vehicle and break the financial agreement if the vehicle is found to be defective within a reasonable time period from the purchase.
The time period that is considered to be reasonable is not clearly defined by the UCC however, it provides time for the buyer to take possession of the vehicle and have it inspected for defects by another party.
The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect (Uniform Commercial Code Summary (http://autopedia.com/html/HotLinks_LemonUCC.html)."
In the named…
New Jersey Lemon Law (accessed 3-9-07)
UCC Overview (accessed 3-9-07)
http://www.michigan.gov/sos/0,1607,7-127-1631_8851-29412 -- ,00.html
Overall, the need for perspective and a long-term orientation is also critical to allow for marketing strategies to achieve their intended objectives.
After reading this book I'd like to be more attuned to perceptions of potential prospects of companies I have considered starting. Too easily, one can get enamored with products or service ideas, yet the most critical need is to focus on the perceptions of those prospects that are critical to the growth of a company. I think this book changed my perspective of marketing completely, making the traditional view seem more static and inflexible, unable to transform strategies based on the perceptions, unmet needs, and preferences of prospects and customers. The urgency of staying focused first on perceptions and not drifting into product line extensions over the life of a product as also a critical lesson learned for me. I liked the book for all these factors,…
Chan Kim, Renee Mauborgne. (2004). BLUE OCEAN STRATEGY. Harvard Business Review, 82(10), 76-84. Retrieved September 16, 2008, from ABI/INFORM Global database. (Document ID: 701178841).
Ries & Trout (1994). The 22 Immutable Laws of Marketing: Violate Them at Your Own Risk! New York, NY: Harper Business.
Combining Life Insure With Trusts to Provide Better Family Financial Security
Summery: Life Insurance and Trusts are two financial arrangements which provide security to the family and living relatives of the owner of property or trust. In this article, we look at insurance, trusts and how these can be used for better financial security and risk management. The article contains six references.
Financial risk management is an important concept in the field of management. A person with an established business, occupation or source of income can suddenly take ill, resulting in the loss of that income which depended on him to generate. This can be a serious loss for him and others who depend on the income.
There are two financial instruments which are available which can continue to provide to him or his dependents financial compensation or income based on his previous investments. For monetary investments which had been…
Trust and trustees. 2003. Introduction to trusts. Referenced: November 19, 2003. Web site: http://www.trusts-and-trustees.com/main.htm
William G. Kistner, Healthcare and Financial Management. July 1998. Life insurance trusts can save estate taxes. Referenced: November 19, 2003. Web site: http://www.findarticles.com/cf_0/m3257/n7_v52/21045779/p1/article.jhtml
1040 accountant.com. Types of trusts. 2003. Referenced: November 19, 2003. Web site: http://www.1041accountant.com/types-of-trusts.htm
College for financial planning (CFFP). 2003. Life Insurance Trusts: A way to save taxes and exert control. 2003. Referenced: November 20, 2003. Web site: http://www.insweb.com/learningcenter/articles/life-estate.htm
All these aspects of a B2B transaction, when consistently executed on, create a level of trust that becomes one of the strongest and most unassailable differentiators there are in a market.
Companies occupying the second highest layer, Collaborating, are using portals and other Internet-based tools to maximize information sharing and co-development of strategies and the co-sharing of communications tools and ultimately platforms. Security, DRM and digital signature strategies all aimed at increasing trust as a differentiator; apply equally across B2B and B2C selling strategies, with B2B-based approaches having the greatest long-term impact on eventually quantifying trust and leading to greater levels of synchronization across channel, supply chain, and selling partners.
Anticipating, the second highest level in the maturity model, is where the majority of companies are today from both a B2B and B2C perspective. The focus on making a strong correlation between making information flow optimized vs. striking a collaborative…
One of these is Chapter 2 of Title 15, ubchapter 1, ection 45. This ection regulates unfair methods of commerce and competition. These methods are declared as unlawful under the act. The ection specifically relates to national and local practices, as opposed to foreign trade, and therefore applies to our proposed partnership. "Unfair" practices are defined as those practices that are likely to cause some injury to other businesses within the United tates, or involving material conduct within the United tates. When businesses engage in unfair or deceptive acts of commerce, they are obliged by law to provide remedies to all injured parties, whether foreign or domestic.
The herman Act of 1890 and all its amendments should also be carefully scrutinized and implemented in our partnership ventures. This Act is the basis upon which most antitrust American laws are built. Generally, businesses are prohibited from creating unfair competition in terms…
American Antitrust Institute. (2007). Codes: Federal Antitrust Statutes & Regulations. http://www.antitrustinstitute.org/Antitrust_Resources/Antitrust_STATUTES/index.ashx
Legal Information Institute (2008). U.S. Code collection: Section 45. Unfair methods of competition unlawful; prevention by Commission. http://www4.law.cornell.edu/uscode/15/45.html
Title 15 (2001): Section 18a: Monopolies and Combinations in Restraint of Trade. http://www.ftc.gov/bc/docs/statute.pdf
Acquainted With the Law
Various Law Terms-3
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).
Illegal Insider Trading
This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).
Characteristics of the Inside Information
It must be important and private (Priebe, 2012).…
Daniels, R. (2012). First property domain laws. eHow: Demand Media, Inc. Retrieved on June 19, 2012 from http://www.ehow.com/facts_8009319_first-property-domain-laws.html
Menamos, J. (2012). Why are hate crimes difficult to prosecute? eHow: Demand Media,
Inc. Retrieved on June 19, 2012 from http://www.ehow.com/info_8769064_hate-crimes-difficult-prosecute.html
Montoya, D. (2012). How has the exclusionary rule impacted criminal cases? eHow:
The corporation or seller could benefit by developing marketing strategies prior to consumer reviews being available online.
Seller Response to Novice and Expert Consumers
efore allowing consumers to post product reviews on a corporations or sellers website, the seller should consider the size of the segments of expert consumers and novice consumers. For example, the seller may benefit from selling certain products if a significant number of expert consumers exist, especially for technology driven products. On the other hand, the seller may damage sales if the expert consumers' segment overshadows that of the novice consumers.
Unknown or Less Popular Stores Online Seller Response
Relatively unknown corporations should be overly cautious when allowing consumers to post comments on their websites. If brand marketers fail to attract enough consumers to post reviews, the corporation may damage its reputation. these corporations might consider hiring a well-known, popular third-party source to handle consumer reviews.…
About the Motley Fool. 2010. Viewed 28 June 2010, .
Ajay, K & Soberman, D 2010. 'The forgotten side of marketing.' Journal of Brand Management. 17, 301 -- 314. Viewed 28 June 2010,
Baran, J, Galka, RJ & Strunk, DP 2007. Principles of customer relationship management. Florence, KY: Cengage Learning.
More specifically, because the potential for miscommunication, misunderstanding, and pejorative or other negative interpretations is so much greater in remote communications especially through email (SHM, 2010), the implications of failure to establish trust remotely are even greater. As Yoong (2009) points out, that is largely a function of the fact that genuineness in expressions of cultural awareness and sensitivity (as opposed to patronizing or otherwise insincere) expressions is absolutely crucial.
Sincerity and genuineness are much more difficult to communicate effectively in impersonal communications media (SHM, 2010; Yoong, 2009). Therefore, appropriate expressions and other manifestations of cultural awareness and sensitivity are most appropriately communicated to virtual working groups via two-way video conferencing instead of other less personal methods of communications, notwithstanding the substantive sufficiency or factual accuracy of those expressions in writing, for example (SHM, 2010;Yoong, 2009).
This project relies primarily on a review of secondary research in the…
Douglas, C. And Zivnuska, S. "Developing trust in leaders: an antecedent of firm performance." SAM Advanced Management Journal. Society for the Advancement of Management. 2008. Retrieved December 30, 2010 from HighBeam Research: http://www.highbeam.com /doc/1G1-177101798.html' target='_blank' REL='NOFOLLOW'>
The purpose of this research is to investigate customer's loyalty throughout the dimensions of satisfaction, trust and commitment for mobile phone industry in Bangkok, Thailand. In addition, this research also provides practical knowledge which customers are dissimilar in satisfaction and look for different levels of relationship with mobile phones. To sum up briefly, it is completely useful for marketers to comprehend which paradigms affect customers to create good relationship with companies in order to sustain the customer's loyalty.
These are research objectives which are needed to be accomplished in order to reach the above research aim which are stated as following:
To study the relationship marketing to the mobile phone industry in Thailand.
To study the customer satisfactions factor to the mobile phone.
To identify the relationship between various component satisfaction and trust.
To identify the relationship between various component satisfaction and commitment.
To identify the…
Bailey, S. And D.E. Schultz. (2000). "Customer/Brand Loyalty in an Interactive Marketplace." Journal of Advertising Research, 40(3), p. 41.
Bruhn, M. (2003), Relationship marketing: management of customer relationships, Pearson Education, UK.
Chung, Sungmi and Mike Sherman. (2002). "Emerging Marketing: Companies Don't Need State-of-the-Art Tools, Huge Volumes of Customer Information, and Armies of Experts to Use Continuous-Relationship Marketing Effectively." The McKinsey Quarterly, p. 62.
Churchill, G.A. And Iacobucci, D. (2005), Marketing Research: Methodological Foundations, 9th edition, Thomson, USA.
Thank you for your consideration of our company as your trusted Certified Public Accountant (CPA) and we hope that this is the beginning of a mutually beneficial relationship. Our company provides superior accounting services to clients with a wide range of accounting issues and needs. Therefore, we are ready to provide excellent accounting guidance and expertise that will help you achieve personal and financial success. In addressing your issue of irrevocable trusts, estate tax and gift tax, we will utilize a six-step procedure to provide you with the most reliable professional assistance.
Based on your request to establish an irrevocable trust for your two grandchildren, the determination of the impact of such a trust on gift tax and estate tax is important. An irrevocable trust is one with specified terms that cannot be changed even by the grantor once the agreement has been signed (Garber, 2017). In your case, there…
"y the end of the 1980s many departments had set up detailed procedures to ensure equality and had employed full-time and specialist staff to promote and pursue such policies." (Heidensohn, 1995, p. 60)
The number of females in law enforcement was to increase rapidly and in 1986 about 9 per cent of U.S. officers were female. (Adler 1990) One of the key issues that had to be overcome was the concern about women policemen on patrol. In 1968 "Indianapolis sent two women out on patrol... ut the decision of Washington, DC to deploy eighty-six women on patrol in 1972, and to evaluate their performance, is perhaps the best-known example." LOCH P, and ANDERSON D., et al. 1973)
With these advances of women's rights and the continual evidence of female ability and accomplishment in the field of law enforcement, women were able to apply for all specialist posts in the Unites…
ADLER Z. (1990), a Fairer Cop, U.S. Police Record on Equal Opportunities, Wainwright Trust Study Tour Report No. 1 (Wainwright Trust: London).
BLOCH P., and ANDERSON D., et al. (1973), Policewomen on Patrol: Major Findings: First Report, (Police Foundation: Washington, DC)
Baksys G. Montrose names first woman as police chief. Retrieved 16 December from Daily Gate City. http://www.dailygate.com/articles/2004/11/17/news/news2.txt
FEINMAN C. (1986), Women in the Criminal Justice system (2nd edn., Praeger: New York).
This explains why he continually refers to the perception of racism. This is a way of showing how racism is damaging to African-Americans and to the functioning of the legal and criminal system, but without actually making accusations of racism. Kennedy then goes on to argue that officials have to be forced to respect the rules prohibiting racial misconduct and that police and prosecutors engaged in illegitimate racial practices have to be deterred from doing so. Again, Kennedy makes the argument in such a way that he is not insulting his audience of white readers. Rather than state that the system is racist, he argues that some people act in racist ways that ruin the system. The truth might be that the entire system is racist simply because it does not strongly deter racist behaviors from occurring. Kennedy chooses not to approach the problem this way. Instead, he frames the…
Kennedy, R. Race, Crime, and the Law. New York: Vintage, 1998.
The crux of this challenge however is the distribution and fulfillment system, an area Amazon.com for example had streamlined for low-quantity orders before ever launching their website and online store. This equates to what Elberse and Oberholzer-Gee (2006) mention as the ability of online retailers to in effect feed the creation of long-tail markets by representing thousands of products online and fulfilling them through synchronized order management and supply chain systems.
According to Newman (2005) the network centricity of the Power Law is a contributing factor to its efficiency. From the standpoint of online retailers, this network effect is illustrated by the level of supply chain integration, synchronization, and the use of real-time shared data to create stronger hub-like efficiencies within a Power Law-dominated industry. One assumption and area of future research is in the definition of velocities of information throughout a Power Law network. Figure 2 shows a graphical…
Columbus (2001) - Defining Your Direction in Guided Selling. AMR Research. November 1, 2001. Louis Columbus. Accessed from the Internet on September 24, 2006 at http://lwcresearch.com/filesfordownloads/DefiningYourDirectioninGuidedSellin.pdf
Elberse and Oberholzer-Gee (2006) - Superstars and Underdogs: An Examination of the Long Tail Phenomenon in Video Sales. Harvard Business School Working Paper Series No. 07-015. September 5, 2006
Newman (2005) - Power laws, Pareto distributions and Zipf's law. Contemporary Physics. Volume 46, Number 5, September 2005. Pages 323-351.
Step 3: Discuss the Precipitating Event
After relationship is recognized, the emphasis goes to the family insights of the condition, the sequence of proceedings leading up to the predicament, and the issue that started out the sequence of events (Graham-Bermann, S.A., 2002). Consultations inspect when and how the disaster happened, the causal conditions, and how the family endeavored to covenant with it.
Step 4: Assess Strengths and Needs
The Family valuation of strengths and needs start right after and the goes on throughout crisis intervention. The crisis worker will start to draws conclusions that will regard the family's needs and strengths that are related to the present disaster and, with the family, assesses the prospective for recovery (Edleson, J.L.,1999). Client strong suit are tapped in order to make self-esteem better, while also providing skills and energy that is for problem-solving.
Step 5: Formulate a Dynamic Explanation
This next step really…
Appel, a.E., & Holden, G.W. (1998). The co-occurrence of spouse and physical child abuse: A review and appraisal. Journal of Family Psychology, 12, 578-599.
Babcock, J.C., Green, C.E., & Robie, C. (2004). Does batterer's treatment work? A meta-analytic review of domestic violence treatment. Clinical Psychology Review, 23, 1023-1053.
Beeman, S.K., Hagemeister, a.K., & Edleson, J.L. (1999). Child protection and battered women's services: From conflict to collaboration. Child Maltreatment, 4, 116-126.
Bragg, H.L. (2003). Child protection in families experiencing domestic violence. Washington, DC: U.S. Department of Health and Human Services. Retrieved October 3, 2005, from http://nccanch.acf.hhs.gov/profess/tools/usermanual.cfm
Strict Liability & Securities Law
Congress defined security laws to include investment contracts, but "investment contract" is not itself defined in law (Condomimiums as Investment Contracts under the Security Laws, 2011). An Eleventh Circuit court decision indicated "The test for an investment contract is whether the contract is (1) an investment of money (2) in a common enterprise (3) made with expectation of profits to be derived solely from efforts of others" (Condomimiums as Investment Contracts under the Security Laws, 2011). ecause law is lacking in adequate definitions, it is completely possible for a business owner to operate a business without fully understanding the laws that govern the individual practices.
The Trust Indenture Act of 1939 applies to debt securities such as bonds, debentures, and notes offered for public sale (The Laws That Govern the Securities Industry). The Securities Acts of 1933 and 1934 govern the disclosure of financial information…
White Collar Crime. (2008). Retrieved from Encyclopedia.com: http://encyclopedia.com/topic/white-collar_crime.aspx
Condomimiums as Investment Contracts under the Security Laws. (2011). Loyala's Institute for Investor Protection Major Appelate Court Decisions, 1(12),October.
Securities Fraud. (n.d.). Retrieved from Legal Information Institute: http://www.law.cornell.edu/wex/securities_fraud
The Laws That Govern the Securities Industry. (n.d.). Retrieved from Security Exchange Commission: http://www.sec.govb/about/laws.shtml
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…
international sex tourism has been a worldwide curse for a long time, the last few decades witnessed great surge in its practice as the effects of globalization, poverty and consumerism spread while advancement in internet caused an increase in travel opportunities. The racist fantasies and unusual interest in sexual activities in the developing countries along with poor law enforcement have made way for sex tourism. Though some may have exaggerated the magnitude of this immoral industry, more than one million children are trapped inside this trade every year (Vrancken and Chetty, 2009).
The 1904 Paris Agreement for the Suppression of the White Slave Traffic (1904 Agreement), the first of its kind, aimed at protecting female children and others who were forced to go abroad for sex trade. It operated through border watching, supervising agencies and repatriating or employing the girls (Vrancken and Chetty, 2009). Then other national and international laws…
African Charter on the Rights and Welfare of the Child. (2009). African charter on the rights and welfare of the child: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.
Banse, R., Schmidt, A.F., & Clarbour, J. (2010). Indirect measures of sexual interest in child sex offenders: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.
Debabrata, R. (1998). When police act as pimps: Glimpses into child prostitution in India: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.
Fraley, A. (2005). Child sex tourism legislation under the protect act: Does it really protect: in George, B.P. And Panko, T.R. (2011). Child sex tourism: Facilitating conditions, legal remedies, and other interventions. Vulnerable Children and Youth Studies, 6:2, 134 -- 143.
Finally, domestic violence advocates argue against family counseling because the idea of family counseling may bolster a batterer's argument that his or her victim somehow contributed to or helped cause the violence. From a criminal justice point-of-view, such a position is untenable. A person who steals a car is no less guilty of grand theft auto if the owner left keys in an unlocked car than if they broke the window and hotwired the vehicle. Domestic violence perpetrators should not get a break simply because their victims have made themselves "easy" targets.
The third solution to the problem of how to sentence domestic violence offenders is to force them to participate in BIPPs. Battering intervention and prevention programs are a relatively new development in domestic violence, which is, in itself, a relatively new area of law. However, they have been around long enough to demonstrate results, and the results that…
Carey, Benedict. "Anger Management May Not Help At All." New York Times Online. 24
Nov. 2004. New York Times. 16 Oct. 2005. http://www.nytimes.com/2004/11/24/health/24anger.html ?
Frederick, Loretta. "Effective Interventions in Domestic Violence Cases: Context Is Everything." Battered Women's Justice Project. 2001. Battered Women's Justice Project. 16 Oct. 2005 http://www.bwjp.org/documents/context%20is%20everything.htm .
yber Ethics, Morality, and Law
A lot security and privacy issues have attracted the attention of many individuals with the coming internet communication and cyber-wars. World leaders caution that the cyber threat to the country is a standout amongst the most national and economic challenges security challenges we confront. This has also raised numerous concerns regarding the legal parameters of cyber activities like the standards relevant to cyber war (Dipert, 2010). Parallel to the developing investment in the lawful parts of cyber war is the increasing number of concerns concentrated on the moral perspective. That is an essential attention for any military attempt in the handling cyber operations. Developing concern about the moral aspect of cyber exercises influenced this study. This study will discuss ethical, moral and legal perspectives of cyber operations.
Dunlap, ., J. (2013). Some Reflections on the Intersection of Law and Ethics in yber War.…
Cook, J., C. (2010). Cyberation and Just War Doctrine: A Response to Randall Dipert. Journal of Military Ethics, Vol. 9, No. 4, 411- 423
Dipert, R.R. (2010). The Ethics of Cyberwarfare, Journal of Military Ethics, 9(4), pp. 384410 (Abingdon, Routledge).
Dunlap, C., J. (2013). Some Reflections on the Intersection of Law and Ethics in Cyber War. Air & Space Power Journal Vol. 2, No. 1, 22-38
The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, which was allegedly used to launder money, was also part of the indictment. The charges include 77 counts of money laundering, 12 counts of mail fraud and four counts of bank fraud (Berkeley president, others indicted for fraud, 2006).
After the Grand Jury indictments were handed down The U.S. Attorney's Office in Cincinnati filed a new complaint against Berkeley Premium Nutraceuticals that included the freezing of various assets worth almost $2 million. The complaint alleged that Berkeley owner Steven Warshak and others participated in a complex, large scale mail and wire fraud operation. This amounted to another felony charge being added to the long list that had already been handed down. The frozen assets…
1. Berkeley Nutraceuticals files for Chapter 11 bankruptcy. (2008). Retrieved June 10, 2009, from Business Courier Web site:
2. Berkeley Premium Nutraceuticals, Inc. (2009). Retrieved June 10, 2009, from Business Courier
As described in Chapter 4 of Mosser (2014), from a deontological ethical perspective not discriminating against older workers is clearly justified. Older workers have made an investment of time and effort into their professions and the economy, and they should not be deprived of the ability to capitalize upon those benefits, nor should their previous societal contributions be ignored. Ethically, it is also immoral to discriminate against an entire class of human beings. But even from a utilitarian perspective, older workers can offer value to the organization. Older workers bring the values of experience to the workplace, and can actively mentor younger employees.
Furthermore, youth is merely a temporary state, and all workers will be old workers eventually. If younger workers lobby for discrimination now, they may face discrimination themselves in the future. Nondiscrimination secures the greatest good for the greatest number of people. Finally, having a large population of…
protect the privacy of the individual via EU Directive for Protection of Personal Data
The internet revolutionized the human life as we know it. It established a culture of liberty aided by not just ingenuousness but also standardized protocols. This was achieved by transmitting the essential products for business-related growth, adopting a model of governance with no formal existence of regulations along with free availability of abundant software packages. This internet revolution can't be underestimated as it has its pros and cons, which also comes under discussion in this paper. With the surging popularity of internet, there happen to be a plethora of new dilemmas knocking at the door. There are tons of merits of Internet for that matter while its demerits have been ignored and hidden along the sidelines. These issues have materialized in the preceding decade and the demand is urgent to solidify a legislation which is tasked…
Andrew, S. (2011). The Federal Trade Commission and Privacy: Defining Enforcement and Encouraging the Adoption of Best Practices, 48 SAN DIEGO L. REV. 809, 854 -- 56.
Aquilina, K. (2010). Public security vs. privacy in technology law: A balancing act? Computer Law & Security Review. Volume 26, Issue 2, March 2010, Pages 130 -- 143
Asinari, M and Poullet, Y. (2004). Public security vs. data privacy -- Airline passengers' data: adoption of an adequacy decision by the European commission. How will the story end?' Computer Law & Security Report, vol. 20, no. 5, pp. 370 -- 376.
Bambauer, D.E. (2013). Privacy vs. Security. The Journal of Criminal Law & Criminology. Vol. 103, No. 3.
The use and control of one's own mental faculties is of the utmost importance when involved in the serious and important business of government work. The word "government" itself literally translates to "controlling the mind" in Latin. Mind control is thus the most important aspect any individual who wishes to earn success and garner respect within governmental agencies may attain. Personal experience is the one true measure of the capability of thought, where the endgame is understanding these experiences and incorporating them into a practical, effective and efficient lifestyle approach both personal and professional.
As a Department of Defense (DOD) Special Agent, the ability to suppress emotion and employ rational and reasonable thought patterns is a skill that must be fully developed and tempered to allow for a suitable outlet for such activities. The purpose of this essay is to explore some personal experiences within my own career…
Internet Ethics and the consumer's private existence in an unstable regulatory environment -- untapped economic waters in a wild, wild west of identity theft and chronic consumption
hen it comes to Internet ethics, even in the absence of legal requirements, businesses must themselves self-regulate when it comes to consumer privacy. If they do not, it is likely that the government will step in to do so, as the government has done in the European Union. This will only hurt businesses economically, and do damage to the equal ethical obligation corporations owe to shareholders. Furthermore, good business sense is about trust between the consumer and the business, and this is not honored when businesses unfairly spy upon casual surfers of their websites, or use consumer data for their own profit as well as research and marketing purposes.
Americans, according to a recent poll cited by J. Hodges in the journal of…
Ewald, Helen. (April 1, 2003) "You're a Guaranteed Winner: Composing the You of Consumer Culture" Journal of Business Communication.
Hodges, J. (Feb 2001): No Faith in the System - consumer service shows Internet users concerned about privacy." Internal Auditor. Retrived 8 Jan 2005 at http://www.findarticles.com/p/articles/mi_m4153/is_1_58/ai_71268466
Kaess, Ken. (June 2004) "Emotion in Advertising." Journal of Advertising Research.
Lofton, Lynn. (October 2004) "Offices Enforce Acceptable Policies to Keep Up with Tech." Mississippi Business Journal.
Leadership in Law Enforcement
ole of the leader within those criminal justice organizations
By reviewing contemporary literature on criminal justice the study gives informed analysis of the expected standards and ethical practices that good leaders ought to have. It takes note that just as is the case with criminal behavior, theoretical knowledge like developmental, learning and biological theories seek to understand ethical and moral behavior. The study found out that leaders acting ethically is essential if a criminal justice system and organization is to grow in a healthy and ethical manner. The study also points out that the society's confidence in criminal justice may be eroded if the organizations act unethically. It is therefore important, says the study, that the organizations adopt the kind of leadership that motivates players in the industry to pursue ethical ideals in their work (Karimu, 2012).
What you believe is critical for the criminal justice…
Imundo, L. (1991). The effective supervisor's handbook. New York: AMACOM.
Jurkanin, T. J. (2012). The Police Chief as Coach: Analogies between Sports and Effective Police Leadership. Police Chief, 24-26.
Karimu, O. (2012). Understanding Leadership Standards and Ethical Practices in Criminal Justice. Asian Journal of Social Sciences & Humanities.
McCallum, D. W. (2005). Leadership within the Florida Department of Corrections . Florida: SLP Research.
Irrevocable Trust Letter
Dear Mr. Feinstein:
I enjoyed seeing you again at the Fosters' party. Hope everything works out for you and your wife with the upcoming trip!
You had asked about establishing an irrevocable trust for your two grandchildren. This would be a good way to ensure that the children are paid by the trust for 20 years with the principal distributed to them at the end of that time. However, there are certain stipulations that must be met with an irrevocable trust. With a revocable trust, you still maintain some control over the assets. With an irrevocable trust, this is not the case. The assets belong totally to the trustees and they are responsible for maintaining them. Your control over how that management is conducted is gone.
With that said, there is no reason to think this would be anything other than a good arrangement. For example, an…
Carnes, D. (2015). Tax consequences for revocable and irrevocable trusts. Zacks.
Retrieved from http://finance.zacks.com/tax-consequences-revocable-irrevocable-trusts-2838.html
Helsell, Fetterman. (2013). Irrevocable Trusts. Helsell. Retrieved from http://www.helsell.com/faq/irrevocable-trusts/
Nash, Kromash. (2015). Irrevocable Gift Trust. NK. Retrieved from http://www.n- klaw.com/irrevocable-gift-trust/
revocable and an irrevocable trust? The difference between a revocable and an irrevocable trust is very simple. A revocable trust is one that has been created and that can be revoked at a future time - generally for specific reasons (CompTax, n.d.). These kinds of trusts can also be changed, so if a person does not want to completely revoke the trust but wants to make adjustments, that is possible (CompTax, n.d.). Often these kinds of trusts are made when it comes to wills and estate planning, but they can also be used in order to focus on business transactions and the individuals who are allowed to initiate or complete those transactions. An irrevocable trust, as the name implies, is one that cannot be revoked. Once it has been created it is not able to be changed, which means that anyone who creates it must be very careful about doing…
CompTax. (n.d.). Source of investment income.
English Right of Set-Off and Combination in the Circumstance of Insolvency
The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…
Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)
Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)
Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)
Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)