Abstract This paper examines how the laws of the ancient world demonstrate a consistency with the laws of the present and how they prove, without a doubt, that the challenges of the human condition have been and remain similar in scope and temptation. In particular, it looks at how this true of the laws of Moses and the laws of Hammurabi, even though the ways in which these two sets of laws differ are also very visible. It shows how Hammurabi is a comprehensive and practical canon set within the context of a real-world need for comprehensive laws of man, while the laws of Moses offer a generalized guideline of morality in the world of man as seen by God.
From the Paper "The issue of judgment demonstrates very clearly the differences between the laws of Hammurabi and the laws of the Books of Moses, with regard to the real nature of the ways in which humanity fails. The former is a comprehensive edict of right and wrong doing while the later is a moral guidepost for believers in the lord. Within the Hammurabi text it becomes clear that the intent of the actor is absolutely unimportant, as the act of wrong doing, or presumable wrongdoing is the one and only reason for judgment and punishment, yet within the laws of Moses even the intent is punishable within the confines of faith and eternity."
Abstract This paper claims that the international community failed to act or even uphold international law as a genocide was occurring because Rwanda is a poor African nation, which has very little significance within international relations. The paper examines the issue of hypocrisy within international relations when it comes to upholding and applying international law. The paper claims that international law is applied, or not, depending on the status of a country. It attempts to prove this through an examination of the reaction of the international community to the events that occurred in Rwanda, starting in April of 1994. The paper analyzes the issue of the Rwandan genocide to illustrate that, within international relations, a country receives the protection of the international community, like Kuwait did, not because of any utopian ideals, but because of realistic calculations regarding the importance and significance of this country.
From the Paper "In the second place, and as Philip Gorevitch writes, the Tutsi sent several appeals to the international community to save them and sent detailed reports of what was happening to governments, media and to representatives of Western governments (98-99). In the third place, foreign governments found the reports of the genocide believable enough to order the evacuation of all their citizens from the country. The French government sent its military to evacuate French nationals and witnessed the genocide for themselves (142-144). Consequently, the explanation for lack of action as being lack of knowledge of the genocide is not acceptable by any standards."
This paper discusses disparate treatment, the differential treatment of individuals because of their membership in one or more protected classes, such as African-American, older, or disabled.
1,180 words (approx. 4.7 pages), 3 sources, APA, $ 40.95
Abstract This paper uses two legal cases to illustrate disparate treatment in business: Monica M. Garcia v. Woman's Hospital Of Texas, which concerned health issues due to pregnancy, and Meacham v. Knolls Atomic Power Lab, which concerned older workers. The author points out that Office Depot, to avoid charges of disparate treatment, provides chairs at the register for pregnant employees who are customer service representatives and has a community-supporting policy of seeking older employees. The paper concludes that employees have multifaceted rights under federal, state, and local statues; therefore, managers must not make judgments without consulting with their legal advisers and human resources experts.
Table of Contents
Disparate Treatment
Disparate Impact
Monica M. Garcia v. Woman's Hospital of Texas
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Meacham v. Knolls Atomic Power Lab
Ruling and Reasoning of the Court
Implications of the Ruling for Your Employment Environment
Conclusion
From the Paper "Ms. Garcia became pregnant while working at the Women's Hospital of Texas. Ms Garcia was forced to convalesce at home by her doctor because of health related issues due to the pregnancy. Her doctor released her to return to work after a few weeks, believing she was fit to perform her duties. The hospital administration, consistent with hospital policy, required the doctor to certify on a prepared form that Garcia could perform a variety of ostensibly required tasks. Her doctor certified that Garcia could perform all of the listed tasks with the exception of pushing, pulling or supporting 150 pounds. (Garcia V. Woman's Hospital of Texas, 1996) Consistent with hospital policy, Garcia was not allowed to return to work with the above limitation, and after she was on leave for more than six months the hospital terminated her, again consistent with hospital policy."
Abstract In the philosophy of law, two competing factions each offer compelling arguments as to the basic nature, origin, authority and responsibility of law. These two theories are known as Natural Law Theory and Legal Positivism. This paper shows that while there are many disagreements between the two theories, at the heart of the argument is the questionable relationship between law and morality. The paper examines how Natural Law Theorists argue that there is an essential and innate overlap between law and morality, while Legal Positivists argue that while the decisions of law and morality do occasionally overlap, there is no natural relationship between them.
From the Paper "Legal Positivists rely on a sovereign to legislate law; this sovereign,
whether it be a monarch, an aristocracy, an elected parliament, or any other person or body that writes the law for a society. For a sovereign to be considered as such, most, if not all, of the population must follow the sovereign's laws, and there must be a threat of force to enforce the law. If either of these conditions are not met, the leader cannot claim to be a true sovereign entity. Also, the sovereign cannot be subject to another sovereign's authority, such as God; if a sovereign is to be the head of a society and the maker of laws, she must be invulnerable to persuasion or else she is not a sovereign."
Abstract This paper examines the way in which the FMLA is intended to balance the demands of the current workplace with the needs of families by providing health benefits and job security. It analyzes how the FMLA helps to minimize potential employment discrimination on the basis of sex, and promotes equal employment opportunity for men and women. It also discusses how the FMLA provides workers with a reassurance that they will not need to choose between their job security and meeting their personal and family obligations or tending to vital needs at home.
From the Paper "The Family and Medical Leave Act (FMLA) was the first federal legislation to provide job protection for workers who face pressing family obligations. Prior to its enactment on August 5, 1993, employees risked losing their jobs if they became seriously ill or chose to take time off to care for a newborn child or a loved one with a serious health condition. Not only has the FMLA evolved over the years, but also the current application in the workplace environment is very complex for the employee as well as for the employer. The paper will highlight various provisions of the act with benefits it provides to employees along with challenges it offers to the employers in the current scenario."
Compares and contrasts ethical, legal, and regulatory issues involved in operating a business-to-business e-commerce website to that of operating a business-to-consumer e-commerce website.
675 words (approx. 2.7 pages), 3 sources, 2006, $ 26.95
Abstract This document discusses the legal, ethical, and regulatory dimensions of operating a business-to-business (B2B) e-commerce website and of operating a business-to-consumer (B2C) e-commerce website. The consensus is that while many of the infrastructural solutions for these two orientations of e-commerce are the same, some very important differences, such as the regulatory requirements across industries, are dramatically different.
From the Paper "Business-to-business (B2B) websites differ in various ways from business-to-consumer (B2C) websites from a legal, ethical, and regulatory perspective. One of the most obvious differences between the two are the fact that many B2B sites have some sort of contractual obligation to complete an order in a given time period and according to certain specifications (Luftman, 2003). In the B2C environment this same contractual undertone does not exist although e-commerce sites of the B2C variety try to limit variance in how they treat customers and fulfillment concerns as this is a quality issue."
Abstract This paper will list the pros and cons of specialization, describe what a SWAT team consists of, and also describe a typical canine unit.
From the Paper "The pros and the cons of specialization help to explain why specialized police units are formed. Many people have different opinions about specialization in law enforcement. Efforts to specialize teams in larger agencies can have both positive and negative effects on the agency or department."
Abstract This research paper argues that chemical castration is a viable option as punishment for convicted sex offenders.
From the Paper "In considering the issue of chemical castration, a person may ask why sex offenders act the way they do, and if chemical castration is the answer to the problem of sexual predation of children. Opponents of chemical castration such as the American Civil Liberties Union (ACLU) believe that chemical castration may not be the answer to the molestation and sexual abuse of children in our society. They claim that the predators? behavior is not necessarily tied to hormonal levels, but instead, the behavior is driven by a need for power and control. "
Tags: sex, offenders, molestation, sodomy, DepoProvera, human, rights
Abstract This paper looks at the US debate over antitrust laws. Disagreements over antitrust policy range in scope from a consideration of the effectiveness of a specific policy to whether or not the entire model on which our laws are based is flawed at the core. Here an attempt is not made to give full answers to any of those questions. Instead, some examples are considered to help clarify the debate. Specifically, the competition in our free-market economy is considered, with some examples of specific policies in this area, and an example that illustrates differing opinions of the success or failure of the goals of those policies.
From the Paper "The single most frequently used word that one will encounter in researching almost any economic topic is "competition". This word can be defined in the economic sense as "a market situation characterized by a sufficiently large number of buyers and sellers so that no single buyer or seller can influence prices or quantities sold or bought in the market". The model of "pure competition" is, of course, illustrated by the horizontal demand curve of the firm versus the downward sloping demand curve of the industry. The fact that each firm is a price-taker and various other requirements, such as perfect knowledge and homogeneous products, exist in this model."
Abstract The paper defines types of ballistics and goes into depth on terminal ballistics, velocity, and one-stop shots. The author discusses the effects and actions of the projectile upon impact of a target specifically the human body. What happens when a bullet strikes human flesh? Dismisses several theories in the field using FBI research.
From the Paper "The study of the firing of projectiles, their flight and how they strike a target is called ballistics. There are several categories of ballistics including internal ballistics, external or exterior ballistics and terminal ballistics. Internal ballistics is concerned with the behavior of the bullet or projectile from the moment it is fired until it leaves the gun barrel. Exterior ballistics deals with the flight of a projectile after it leaves the barrel. One major effect of the bullet's flight is the pull of gravity, which causes the bullet to immediately drop after leaving the barrel and fly on a parabolic path. Terminal ballistics however, is concerned with when the bullet hits a target and the effects produced by that bullet."
Abstract This paper explains exactly what affirmative action is and how it affects society. The author explains how it could be viewed as reverse discrimination or whether it is just making up for years of mistakes. The author takes a stand and says that affirmative action should be outlawed.
From the Paper "One way that the use of affirmative action can be limited is by giving more money to institutions that have a strong minority population (Sterlitz, 1999). This would give them better opportunities to get a job based on their skill instead of on their race. Sterlitz (1999) says "these institutions would give direction and guidance that is needed by all to play a major role in his/her community."
Analysis of flag desecration as symbolic speech including symbolic speech and the first amendment; symbolic speech and fighting words and the landmark decision of Texas V. Johnson.
2,241 words (approx. 9 pages), 8 sources, 2001, $ 69.95
Abstract This paper provides a thorough analysis of the landmark case involving flag desecration, Texas V. Johnson, and the idea of flag desecration as fighting words. In order to argue for the recognition of flag desecration as fighting words, which are federally recognized elements of speech that by their very utterance incite a breech of the peace, the author first makes a clear and concise argument for flag desecration as symbolic speech.
From the Paper "In 1892, New York Baptist minister, Francis Bellamy wrote a few heartfelt words into his prayer book. The short prayer was to express his appreciation of the freedoms provided for in his beloved country ? America. Today we know that short prayer to be the Pledge of Allegiance. For more than one hundred years, American school children, new American citizens and men and women of the military have recited the patriotic prayer to show their loyalty to America. And although the recitors of the "pledge" face an American flag, the pledge is not of allegiance to the flag, but to the United States of America. In fact, Bellamy wrote that while thinking of the pledge his emphasis was on ?the republic for which it stands.? (Baer) We may further understand that the republic by his definition, is synonymous with America."
Abstract This paper takes a look at the controversy surrounding MP3 and Napster. The author examines the debate around piracy and the difficulties aroused by this new development.
From the Paper "Technology has always fueled expression. Now, with the MP3 format, people can easily distribute their recordings digitally, with incredible clarity and quality, with personal computers and the Internet. This technology has also fueled much debate about the piracy of copyrighted music. "
Abstract This paper discusses the idea of international human rights laws and its implementation by various nations. The author argues that implementation of such laws depend on nations' voluntary consent.
From the Paper "To argue that human rights are universal is, inevitably, to find oneself met by the counterargument that culture is supreme, that any attempt to make all peoples in the world follow a single set of behavioral standards is to force them to adopt Western, colonialist, patronizing standards. Cultural exceptionists, to use Frank's (2001) phrase defend the right of each state to set norms for itself. The urge to stand upon indigenous rights and local custom is understandable, especially in a time of globalization, in which corporations seem to have become more powerful than governments. "
Tags: Cultural, exceptionists, behavioral, globalization, rights, fundamental, values, UN, violations, government, society, policies, freedom, political
Abstract This paper talks about the roots of Child Labor Laws by examining the use of children as laborers beginning in the Middle Ages, through the Industrial Revolution and into the Victorian Era. It traces the abhorrent conditions these children faced, especially during the Industrial Revolution, where times where extremely difficult, through the Victorian Era the The National Child Labor Committee was formed, and strict laws were passed regarding children. These laws regulated and enforced working conditions, hours and ages that could be employed.
From the paper:
"It was thought to be a benefit for children to work, so they could get a head start on building a life for themselves. Poor children could contribute to society by working, and through self-reliance and determinism could break free from poverty.
"The prevalent attitude was that the laissez-faire economic system had made America great, and that any interference in the natural way of things was "unscientific, irrational, and unjust" (Trattner, 1970: 32). Social Darwinism also supported child labor and the lack of regulation. Society valued individualism and self-reliance, and saw any regulation of industry as obstructing a natural process that should be allowed to progress free of restraints. Each person should try their hardest to get rich, and nobody should interfere with a person's right to accumulate wealth, even at the expense of others."