Abstract This paper addresses the present state of the Patients' Bill of Rights, as well as its history and future possibilities. Also explored are the issues of political support, arguments for and against, and major pitfalls in getting this legislation passed into law. The paper attempts to further explain general intentions of the Patients' Bill of Rights. The most pertinent bills specific to the Patients' Bill of Rights are presented and analyzed.
Outline:
Introduction
Arguments For and Against Patients' Bill of Rights
History of the Patients' Bill of Rights
Why the Patients' Bill of Rights has Failed
Summary and Conclusion
From the Paper "Before exploring the more complex issues involved, it is necessary to understand the general intentions of the Patients' Bill of Rights. Numerous bills involving patients' rights have been presented to the House of Representatives and the U.S. Senate. Discussed in this paper are the most pertinent bills specific to the Patients' Bill of Rights: the 1998 Patients' Bill of Rights, H.R. 3605 and S. 1890; the Bipartisan Patient Protection Act of 2001, S. 1052, S. 872, and H.R. 526; and the 2005 Patients' Bill of Rights, H.R. 2259, H.R. 2650, and S. 1012. In general, federal legislation that safeguards patients' rights is supported by both major political parties and the President, and also has considerable public appeal (Chavez, 2001, 606; Chaddock, 2001, 1)."
Abstract A paper on the topic of the Bill of Rights and the American nation. The paper analyzes why the founding fathers created the Bill of Rights and looks at their fears for the new country.
Abstract This paper introduces, discusses, and analyzes the topic of U.S. government and political science. Specifically, it describes the process of how a bill becomes a law in the United States. It further discusses the complicated process, in both the House of Representatives and the Senate, of creating and passing legislation. The writer also presents variables which affect bills becoming laws, such as elections.
From the Paper "Any member of the Senate or House can introduce legislation. In the House, the bill first goes to the Clerk of the House, and if the Clerk is not there, the bill goes into the "hopper," a box on the Clerk's desk specifically to hold new legislation. In the Senate, the Senator must wait until the "morning hour," a 90-minute session on Mondays and Tuesdays reserved for member speeches and bill introduction. If another Senator objects, the bill introduction must wait until the next day. Once the bill is introduced, it is called the "First Reading" of the bill. In the House and the Senate, more than one representative can sponsor a bill. After the bill is introduced, it is assigned a number and identifier (in the House HR is used, in the Senate it is simply S). The bill also gets the sponsor's name. It then travels to the Government Printing Office, where they make copies of the bill."
Abstract This paper reviews and discusses the U.S. Bill of Rights. According to the paper, the Bill of Rights defines procedural rights added to the Constitution. The paper discusses how, under the Fourth Amendment, individual's are protected against unreasonable search and seizures without probable cause. The paper goes on to say that the Fifth Amendment ensures due process, and prohibits self-incrimination and double jeopardy, fair compensation for private property taken by the government and indictment by grand jury. The paper also reviews the Sixth, Seventh and Eighth Amendments.
From the Paper "Upon founding a new country, we would insist that this right be kept. It is necessary for there to be a system that embraces due process. A speedy and public trial will ensure that the accused doen not spend an unreasonable time in jail prior to trial. This could be considered torture, especially if the accused is innocent."
"The Sixth Amendment is a right that allows for all people to be considered equal under that law until proven otherwise. When determining whether to take a man or a woman's right to life and liberty, there has to be a strict standard that is followed to ensure that those rights are not taken away unnecessarily."
This paper discusses Canada's 'Ontario Bill 198," which is intended for strict internal and external controls governing business economic transactions, thus resulting in increased investor confidence.
Abstract This paper explains how the infamous Enron case caused regulatory bodies the world over to be concerned and stressed the need for greater control in the form of stringent and revised policies as well as a dramatic increase in penalties for any unethical and illegal offenses. The paper also examines the resulting positive impact the bill has on Canadian investors while boosting the capital market.
From the Paper "It is evident that the Ontario Bill 198 has not only radically transformed the role of CGA, CSA, OSC and CICA in setting up standards but it has also resulted in increased investor's confidence and greater stability of the capital market where employment of ethical standards is essential for the survival of the market system. Ontario Bill has thus augmented the power of investors thereby equipping them with new-found confidence in the workings of the market system where there hard-earned and much-valued capital remains at stake but which is no more at the mercy of the financial accountants."
The paper discusses the Bill of Rights document and shows how the amendments ensured that all citizens have their basic human rights according to the U.S. Constitution.
Abstract This paper shows by using the Fourth, Fifth, Sixth and Eighth Amendments to the Constitution that the Bill of Rights was necessary to the foundation of law in the United States. Without these, a person accused of a crime, whether federal or state, could face unfair or even dangerous prosecution and could be denied his/her basic human rights as described in the U.S. Constitution.
From the Paper "When the Constitution of the United States was ratified by a majority of the states in 1789, it lacked what has come to be called the Bill of Rights, a very important document made up of amendments to the Constitution itself. For example, in the original Constitution, there existed no protection against the establishment of a national religion and did not guarantee that American citizens could speak freely, belong to any group they wished or publish magazines and books without the fear of being censored or banned by the federal government. But most importantly, the Constitution did not promise nor provide any protections for a citizen accused of a crime, nor did it specify that such a person would receive a fair and swift trial and if convicted receive just and humane punishment."
Tags: constitution, bill, of, rights, amendment, foundation, of, law
Abstract This paper explains that Bill Russell was a sports figure who offers his eleven lessons on leadership based on his time as a basketball player. The author points out that, in "Russell Rules", Russel adapted sport leadership to other arenas such as business and politics. The paper relates how Russell's ideas are in keeping with the ideas of other business leaders who have written advice books for future leaders.
From the Paper "Bill Russell is a sports figure who sets forth eleven lessons on leadership. Clearly, these lessons were developed in a sporting context and can be applied to team efforts, suggesting ways of being a leader and of empowering others to do their best. These lessons are applicable in many other contexts, of course, including business, political situations, and similar areas where leadership is needed and where the individual can follow these rules to achieve his or her best. The leadership lessons Russell offers are comparable to those offered by other business leaders who similarly want to empower others to achieve the most they can achieve. Russell's approach shows clearly that there is a link between all forms of leadership and efforts at achieving personal excellence so that business leaders and sports leaders can learn from and teach one another lessons that apply in both realms and that lead to success."
Abstract This paper gives a comprehensive review of the Brady Handgun Violence Prevention Act of 1993, known as the Brady Bill. The author gives a list of those who would be refused purchase of a handgun upon following a background check. The author also explains the relevance of the legislation's name. Next, the paper gives a critical review of this Act, citing both the pros and cons. The author then concludes, with an appeal for stronger gun control.
From the Paper "Federal officials had estimated that somewhere between two and six percent of the overall 7.5 million annual firearms sales would likely be stopped under the Brady legislation (Thomas, 1993). They based these estimates on data from states that already had waiting periods and background checks for handguns similar to what the Brady Bill would require. From 1989 until 1993, California, Florida, Virginia and Maryland had used these techniques to prevent more than 47,000 purchases by individuals who were banned from buying firearms. Despite this success, twenty-five states had absolutely no background checks or waiting periods for purchasing guns and others had vary lax procedures. As a result, thousands of prohibited persons routinely walked into gun stores and purchased guns. Therefore, the Brady Bill wanted to make sure that all states would screen gun purchases in a reasonable, consistent and responsible manner."
Abstract This paper explores Bill Clinton's life, presenting both a biographical sketch and further examining his personal leadership qualities. The author describes Clinton's early life, his family and education. Then the paper discusses Clinton's entry into politics. This includes his first gubernatorial election and defeat, and his re-election four years later.The author acknowledges Clinton's perseverance and persistence, and his capacity to learn from his mistakes. The paper also discusses Clinton's negative character traits citing his involvement in a number of sex scandals. The author concludes that despite Clinton's indiscretions, he was among the most popular US president's of the 20th century.
Outline:
Early Life
Education
Entering Politics: Baptism of Fire
Perseverance in Defeat
Political Leadership at the State Level
Risk Taking
"It's the Economy, Stupid"
Positioning Himself as the New Democrat
Brilliant Intellect
Great Communicator/ Listener
The Negatives
Conclusion
From the Paper "During his first term as governor, Clinton made efforts to improve Arkansas's economy, which was among the poorest in the country. He focused on improving the state highways as they were in a bad shape but had to raise taxes for meeting the cost, which proved unpopular. Some of his other initiatives such restriction on tree-cutting in national forests were opposed by the lumber and paper-making companies, while bankers were annoyed with his proposal to withhold state funds from banks that did not lend enough money for small businesses. Most of all, his opponents exploited the government's settling of Cuban refugees in Arkansas, by evoking the fear that they would take away jobs from the local workers. All of these factors contributed to Clinton's defeat in his bid for re-election for the governorship in 1980 against the Republican Party candidate (Ibid.)"
Abstract This paper discusses the life of Bill Gates, founder and chairman of Microsoft. It details his young adult life and how he came to create a new computer operating system. Further, how he built the Microsoft empire and changed technology, business, and society. It also briefly examines a few of the legal cases against Microsoft.
From the paper:
"William or ?Bill? H. Gates III is chief executive and co-founder of the largest software company in the world, the Microsoft Corporation. Last year, Microsoft made a $953 million dollar profit on sales of $3.75 billion dollars. As Microsoft's largest stockholder, Bill Gates is worth nearly $6.1 billion, making him this country's second wealthiest man. He is at thirty-eight years old, America's youngest self-made billionaire. Microsoft's $25 billion market value tops that of Ford, General Motors, 3M, Boeing, RJR Nabisco, General Mills, Anheuser-Busch or Eastman Kodak. (Resin "The Bill Gates Interview") This paper will attempt to analyze the character of Bill Gates, explain the nature of the corporation he created, and explicate some of the difficulties he and his corporation have faced economically and personally. It will suggest that although Gates has done many controversial things throughout his life as both a man and as chief executive of Microsoft, the overall effects he has had upon the country and upon the computer industry have been positive ones."
Abstract The paper discusses how the Senate recently voted down a bill that would have raised minimum wage but would have also lowered estate taxes. The paper examines how, by linking two oppositional tax-related issues, the bill, H.R.5970, polarized the Senate along party lines. The paper explores how an estate tax cut favors the wealthiest Americans who own multi-million dollar estates, whereas the minimum wage hike would directly affect the working poor. The paper concludes that most of the Senate's Republicans favored the bill because of the estate tax cut implications, whereas most Democrats would have favored the bill only if it focused exclusively on raising the minimum wage.
From the Paper "Democrats oppose an estate tax cut in part for the same reasons they favor a minimum wage increase. Estate tax revenues can potentially be huge: capital gains taxes currently run about 15%. Yet only the wealthiest Americans benefit from estate tax cuts and Americans who would qualify are in the vast minority. The vast majority of Americans, on the other hand, might benefit from an increase in minimum wages. Only the tiniest percentage of Americans own multi-million dollar estates while a substantial portion of Americans earn close to the minimum wage."
Abstract This paper discusses current workers' compensation reform. The problem presented in this paper is that although reform measures like Senate Bill 899 have had a positive effect on workers' compensation, particularly to making it more efficient, it has had a substantial effect on the way workers' compensation is done. However, reform also means that the workers' compensation practitioner has to make internal adjustments. This paper first presents an overview of the specific changes created by Senate Bill 899 and, second, makes specific recommendations as to practice changes that the workers' compensation practitioner will have to abide by in order to continue to have a profitable and compliant workers' compensation practice. The paper focuses only on the changes created by Senate Bill 899 as they effect the attorney and practice of the plaintiff's side of workers' compensation.
Outline:
I. Introduction
A. Background
B. The Problem
C. Purpose
D. Scope
II. Overview of Senate Bill 899
III. Effects of Senate Bill 899
A. Procedural Changes
B. Financial Impact
C. Retraining Issues
D. Penalties for Noncompliance
IV. Conclusion
From the Paper "Senate Bill 899 was enacted as a means to attempt to save jobs, reduce the costs of carrying workers' compensation insurance for employers, and improve the overall care available for the injured workers. The law was passed by the legislature with overwhelming, bipartisan support and was signed into law on April 19, 2004 by Governor Schwarzenegger. In summary, the reforms provided by Senate Bill 899 focuses primarily on controlling the ever-escalating costs of medial treatment. At the time of the bill's passing, medical costs accounted for fifty-one percent of every dollar and indemnity benefit, which accounted for forty-nine percent of every workers' compensation dollar spent. These expenses had all significantly risen over a period of less than ten years. For example, in 1997 it was estimated that California employers paid a total of $3.4 billion dollars in indemnity costs. By 2003 this number was at an estimated $5.8 billion. In 1997 an estimated 2.6 billion in medical costs was paid, whereas by 2003 the number had increased to $6.1 billion. Finally, the total costs spent by all California employers on workers' compensation (indemnity, medical, etc.) was at an estimated $8.3 billion in 1997. By 2003 this number was at an estimated $26.7 Billion. It was this problematic trend that Senate Bill 899 was aimed at reversing, or at least controlling."
An overview of the debate regarding how House Bill 60 grants Illinois's undocumented immigrants the right to pay in-state tuition rates at the state's public colleges and universities.
Abstract This paper looks at how, on May 18, 2003, Illinois became the fifth state in the country to offer in-state tuition rates to illegal residents. It examines the legal basis of this controversial law and looks at its possible economic, social, and political and economic effects on the state of Illinois. The first part of the paper is a history and overview of House Bill 60. The next part then details the law's objectives and the number of students who stand to benefit in Illinois. It shows how, despite its objectives, this controversial law has generated spirited criticism, and it examines the various objections, which include debates regarding the legality of the law and the economic effects of this law on Illinois taxpayers.
Outline
History of House Bill 60
Overview and Objectives
Critics of the Measure
Benefits of House Bill 60
Beyond House Bill 60
Conclusion
From the Paper "Much of the opposition centers how these laws will limit opportunities for United States citizens and legal residents. For many low-income American families, state universities present the only option for higher education. Because many state universities are already limiting enrollment, groups like the Federation for American Immigration Reform (FAIR) contend that "when public universities admit an illegal immigrant and provide subsidized tuition, some other student who is also deserving is denied an opportunity" (FAIR Issue Brief). These alien students, in effect, will gain an education at the expense of legal American residents or citizens."
This paper debates the necessity that Australia implement a Bill of Rights because the existing system is ill-equipped to meet the needs and demands of a modern democratic society.
Abstract This paper explains that many experts believe the Australian constitutional system, which is based on the colonial English administrative model, is too limited and confusing; therefore, the American Bill of Rights system, which would list the basic rights of an individual and would force the government to treat the individual within the limits set by this system, is now preferred. The author points out that opponents to the enactment of a Bill of Rights in Australia have vociferously asserted that the federal parliament has the power to enact laws, which amounts to provisions envisaged in a formal Bill of Rights; however, past instances have shown that the commitment of the lawmakers in Australia is not fully sympathetic to the cause of the underprivileged. The paper relates that a formal Bill of Rights would lighten the load on the judiciary and give it a framework by which important cases relating to human rights could be decided because the courts are not always in a position to protect basic rights, as they themselves operate under many restrictions.
From the Paper "It is interesting to note that the founding fathers of the constitution of Australia openly rejected the proposal for a bill of rights. Since the Australian constitution was based on the British and the American system, it was only natural that a proposal for inducting a bill of rights was made. However, the proposal was rejected outright because the people who drafted the constitution of Australia felt that such a move would put the government into a great disadvantage. They felt that the provisions of the bill of rights would prevent them from invoking laws against the aboriginals and the Chinese who were discriminated against in this country. Hence, it is quite evident that the bill of rights was rejected as a legal option out of the fear of the loss of influence of the government. That the bill of rights was prevented from gaining entry into the executive branches of the constitution proves that the white dominated majority wanted to maintain their dominance over the natives as well as people of foreign origin. This is an unfortunate example of the total lack of commitment by a legal framework that should have ideally considered all citizens equally."
Abstract The Bill of Rights was ratified into the United States Constitution in 1791. The Bill consists of 10 amendments and was created to define the liberties of the people of the United States that the government could not infringe upon. This paper provides a brief history of the Bill of Rights before delving into several of the amendments incorporated into the Bill, including the First, Sixth and Eighth Amendments.
From the Paper "The Eighth Amendment prevents the government from imposing excessive bail or fines and says cruel or unusual punishments shall not be inflicted (Lowi & Ginsburg, 2000). In this case, we can see that it takes the power of the government to punish criminals but, at the same time, it adds restrictions to that power. All of these examples show that the Bill of Rights expresses civil liberties; liberties that are for the people, and states that the government cannot take action that would go against or infringe upon on these rights."