Abstract A paper about the many flaws of the death penalty and various facts and statistics to back up that opinion. The author covers the subject of racism, geographical bias, mental retardation, economic bias, family vindication and other issues.
From the Paper "Every year the justice system of the United States through local, state, and federal branches hand down sentences to criminals for various crimes, yet the worst penalty our system has to offer is still capital punishment, referred to in layman's terms as the death penalty. This topic stirs up much debate today, and the fire is only fueled with stories of inmates set free with DNA evidence and controversies involving depression, insanity, and mental retardation making the line blurry on whether a person is competent enough to be held accountable for his/her crime."
Abstract This paper discusses the refusal of one company to promote a female employee to the supervisor position after promising to do so. It includes the background of the dispute, its resolution, the effectiveness of the resolution and its outcome and finally an analysis of the conflict resolution process. Several issues are discussed such as employee gender, management policies, human relations, compensation and more.
From the Paper "The dispute occurring is between an employee and a supervisor. The employee has worked for the company for three years, working towards a position as a supervisor. This was noted in their performance review and was also incorporated into their work plan. The employee both worked and completed studies in business to assist them in gaining the expected promotion. After three years, the promotion became available. The employee was told by their supervisor that they would not be getting the promotion but that somebody else would be hired from outside of the organization. The position was advertised and a new person recruited. The employee enquired as to why they would not be considered for the position but was given no direct answer. Their employment record had no problems so the employee was left to assume that the only reason for their not getting the promotion was their gender, being that all other supervisors in the company were male, including their boss and that they were female."
Abstract The following paper examines arguments around the issue of the death penalty which involve cultural, economic, environmental, ethical, legal, moral, philosophical, political, practical, religious, social and sociological theories.
From the Paper "Traditional historical methods of execution included: (1) beheading or decapitation; (2) breaking on the wheel; (3) burning; (4) crucifixion; (5) drawing and quartering; (6) garroting; (7) hanging; (8) peine forte et dure; (8) shooting; and (9) stoning. Such forms of capital punishment are now regarded today as barbaric, cruel and unusual, ghastly, and unthinkable. In the United States, the death penalty is now carried out in one of five ways: (1) electrocution; (2) firing squad (rarely used, yet the law remains on the books in certain states); (3) gas chamber; (4) hanging; and (5) lethal injection. The two most commonly accepted and implemented forms of capital punishment are the gas chamber or lethal injection."
Abstract This paper discusses the more recent incidents of violence led to by loose gun control laws, such as school shootings. It discusses the problems with the current situation and deals with the holes in the laws which allow dangerous people to purchase guns. It suggests possible ways to fix the problem.
From the Paper "America is considered to be the greatest nation in the world. Despite such prosperity, America still faces many problems, one of the biggest being gun control. Despite many rules regulation gun sales, guns can be easily attained by anyone who wants. Unfortunately, the government can?t outlaw people from keeping guns in their homes because of the 2nd Amendment which gives citizens of the United States the right to bear arms. The government has been attempting to control gun violence, but to no avail."
An examination of the famous 1954 Brown vs. Board of Education of Topeka, Kansas case in which the Supreme Court finally declared segregation illegal in the U.S.
Abstract An examination into the history of U.S. constitutional law on the subject of racial segregation in public places and the different interpretations of the 14th Amendment (equal protection clause). The writer shows how this matter was clarified once and for all by the U.S. Supreme Court in the 1954 Brown vs. Topeka Board of Education when segregation was finally declared illegal in America.
From the Paper "Once the Supreme Court decided that segregation definitely caused inequalities, it used the Constitution to prove that segregation was illegal. Warren admitted that the Fourteenth Amendment was vague and inconclusive, but also concluded that segregation defied the Fourteenth Amendment. Segregation in public schools did not provide equal opportunities, and students who were equally talented, but of different races, were being separated. The Chief Justice's famous closing statement summed up the reasoning used in the decision: "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal . . .. the plaintiffs . . . are . . . deprived of the equal protection of the laws guaranteed by the 14th Amendment". (Urofsky-1989)"
Abstract Napster is a program allowing users to directly transfer music files without the aid of a centralized file server. Full-length songs may be exchanged in mere minutes through the program, and neither the artists nor the record companies are compensated for their work. The daunting prospect of consumers freely downloading complete libraries of music propelled the Recording Industry Association of America (RIAA) to successfully sue Napster for trafficking in piracy. This paper analyzes the arguments made by both sides, investigates the virtues of the verdict, and discusses other court outcomes that would have been more beneficial to all parties involved. In addition, lawsuits of other file-sharing applications are discussed, including the likely outlook of Internet peer-to-peer sharing for the future.
From the Paper "The advent of the Internet has enabled users to promptly and effortlessly share information between one another as never before. While the vast majority of individuals embrace this new technology as a blessing, the capacity to impart so much data has produced a crisis regarding copyright infringement. Napster is a program allowing users to directly transfer music files without the aid of a centralized file server. Individuals are able to gain access to an immense library of copyrighted music, thus rattling the record industry.1 Full-length songs may be exchanged in mere minutes through the program, and neither the artists nor the record companies are compensated for their work. The daunting prospect of consumers freely downloading complete libraries of music propelled the Recording Industry Association of America (RIAA) to successfully sue Napster for trafficking in piracy. The following will analyze the arguments made by both sides, investigate the virtues of the verdict, and discuss other court outcomes that would have been more beneficial to all parties involved. One such result would incorporate monthly fees and bonus features into the software, which would appease the RIAA's concerns and also allows Napster to continue its operations. In addition, the lawsuits recently launched against Morpheus, Kazaa, Grokster, and My.Mp3.com are predicted to result in the continuance of their operations, given that illegitimate files are removed from their respective systems."
Abstract An examination of the inadequate methods America's society still attempts to use in dealing with the issue of domestic violence. Also included in this paper is a brief discussion of the effects of domestic violence on women and the history of domestic violence in the United States.
From the Paper "How is America's society handling the issue of domestic violence? To answer this question, one must know what domestic violence is, how it is perceived in our society, and how it has been perceived in the past. One must also understand how this abuse affects women's lives and self-perceptions. Once understood and combined, these factors form a dilemma that has raised many questions not only in the personal lives of Americans, but also in the minds of lawmakers and law enforcement across the country. Although some people would like to think otherwise, this issue touches a place deep inside the private areas of couples and families in every home in the nation. Every woman knows a friend or family member who has been in some sort of abusive incident, or has been in an abusive relationship herself. Still, women continue to deny that these events take place, therefore allowing the problem to grow."
This paper looks at discriminatory practices including bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment, focusing specifically on the United States.
Abstract The following paper is a discussion on the main body of employment discrimination laws, which are composed of federal and state statutes, with a look at some state constitutions which provide additional protection where the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer. Hypothetical fact patterns are posed where several issues are raised, such as the pay differential between employees.
From the Paper "The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Fifth amendment has an explicit requirement that the federal government not deprive individuals of "life, liberty, or property," without due process of the law. See U.S. Const. amend V. It also contains an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. See U.S. Const. amend XIV. In the employment context the right of equal protection limits the power of the state and federal governments to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group (such as a race or sex)."
This paper presents a detailed discussion about wire-tapping, computer privacy and cell phones in the context of the age of terrorism which America finds itself entrenched in.
Abstract The following paper explores the capabilities as well as the possibilities when it comes to the maintenance or invasion of privacy in creating safety precautions without violating the constitution. This paper focuses on the need to be careful of violating the constitutional rights of the American people, even though the American government continues to seek out terrorists.
From the Paper ?America is known throughout the world as the land of the free. The United States Constitution lays out the protected freedoms of Americans more clearly than any other constitution in the world. The freedoms and the protection of privacy in this country is something that millions of immigrants flock to take part in each year as they start their life anew in the United States of America. Following the events of 9-11 however, a nervous eye has been cast in the direction of privacy issues. Wire tapping, listening in on cell phone conversations and using those conversations in court, and email privacy have all come under scrutiny. Before the attacks on the World Trade Center, the answer was very clear concerning privacy in these areas.?
Abstract The following paper explores the pros and cons of providing amnesty to all Mexican immigrants residing in the U.S. and discusses how this would impact other foreign nationals who are not from Mexico.
From the Paper ?America has always been known as the melting pot of the world. Huddled masses travel here from all over the earth to begin life anew and to seek their fortune in the American dream they grew up hearing about. Whether the dream comes true or not is not as important as the ability to survive once they get here and the nation's government is currently entertaining the idea that amnesty to illegal Mexicans in the US would be a good idea. This has caused quite a controversial stir in the nation as people take sides, either for or against the idea.?
Abstract A paper which discusses the legal and ethical issues involved in operating globally. It is noticed that many multinational companies can run into trouble when establishing their businesses overseas because they fail to take local laws and culture into consideration. The paper shows that this can be avoided if the company pays attention to the religious and cultural beliefs of the people in foreign countries and also abide by the trade and business laws of those lands.
From the Paper "It is also important to take into account their religious beliefs because religion normally plays an important role in all third world countries. For example in Pakistan, they wouldn"t allow a fast food chain to operate if it doesn"t use HALAL meat. By HALAL, they are simply referring to meat, which has been prepared according to their religious rituals. It is important thus to follow those practices because there is no chance of gaining any success if a fast food or any other restaurant chain forgets to take into account this important law. We are taking examples of restaurants only for the sake of ease and convenience in explanation of laws, but it must be kept in mind that laws applies to every business no matter what its nature is."
This paper is an analysis of the " No Child Left Behind Act of 2001" (NCLB Act) that would provide all children with equal education opportunities, no matter what their economic situation.
Abstract This paper examines the affects of the "No Child Left Behind Law" on the Elementary and Secondary Education Act that was originally passed in 1965. The paper defines the new law and then examines how it was supposed work. Some of the topics discussed include discussion of Title 1 with great detail about whether or not the law will be implemented as it was intended, paying close attention to the weaknesses in the legislation. The paper looks at individual states' compliance, the question of funding in middle schools for extra reading programs and the challenge of getting the information out about the law and the schools' rights under it. The author also points out it should assist in the improvement of the quality of educators and hold low-performing schools accountable and demand improvement. The law will also mean big changes in testing policies for elementary and middle schools, changes in the state accountability systems and increased state and local government involvement in the education systems in order to monitor compliance with the new regulations for funding.
From the Paper "While a determined band of educators, advocates, and their philanthropic clique have pushed hard over the past decade and a half to improve the achievement and development of young adolescents, federally funded programs have practically ignored these students. Title I funds touched them infrequently, focusing chiefly on elementary school grades. Vocational education funds were for high school students. Safe and Drug Free Schools, Gear Up, and fractions of other programs helped students in the middle grades a bit, but no federal money supported their core academic learning."
Abstract This paper provides a history of the development of gun control in the United States starting with opinions of the founding fathers. It examines the causes of the gun control problem, mentioning certain cases that sparked the debate. The paper also looks at legal and social effects of the gun control - advantages and disadvantages. Recent developments and suggestions for how to change this reality are presented at the end of the paper.
From the Paper "The Second Amendment to the United States Constitution states: "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The Founding Fathers included this in our Bill of Rights because they feared the Federal Government might coerce the population if the people did not have the means to defend themselves as a nation and as individuals. Many years later, we began placing restrictions on the right to keep and bear arms. The first restrictions concerned the manner in which citizens could carry arms. In 1850, the Louisiana Supreme Court ruled that the foundation did not grant the right to carry a concealed weapon although earlier court cases had ruled that the constitution did protect the right to carry concealed weapons. Shortly before the Civil War, some southern States passed legislation denying slaves and freed blacks the right to possess firearms."
Abstract To understand the applications of problem orientated policing, the approach is described, giving an example of how the approach has been successfully used. Critical evaluation of the approach is then completed, drawing on various reports and a successful case study. This is followed by a summary of how the strategy reduces crime. Finally, considerations for implementing the strategy are presented.
From the Paper "Problem orientated policing is a new approach to policing that is becoming increasingly popular. The major benefit of the approach is that it is proactive rather than reactive, which in the long term allows for a much better use of police resources.
"While there are various applications of the approach, one of the most common applies the approach to high crime areas, also known as ?hot spots.? This approach is designed to eliminate the causes of the problem in the ?hot spot.? This can be compared with the standard policing strategy, which would have police constantly responding to crime in the ?hot spot.? "
Abstract This paper details racial profiling and civil rights. The writer uses New Jersey as an example of a state which has confessed to using racial profiling its African Americans and pulling them over on the highway based on color and not on motive or suspicion. The paper explores the many facets of the problem and a proposed solution.
From the Paper "Treating someone differently because they LOOK different than the mandated acceptable look is exactly what the Jews went through during the Nazi regime. Americans pride themselves on not allowing such mindsets to enter the nation , yet the blatant racial profiling so openly violates the civil rights of minorities that is should be an easy answer. Unfortunately its not easy to answer because the denial is still there. As America moves toward the future it takes with it lessons of the past and the racial profiling issue smacks so closely to the Nazi practices that it should not take long to be recognized and stopped."
