Abstract Sexual harassment in the workplace has always been a problem and has always been of great importance, but the public's awareness of the issue has not always been high. This paper discusses how in recent years, this trend has changed and it looks at the laws and legislation which govern sexual conduct in the workplace in order to reduce this phenomenon.
From the Paper "The topic has evolved in the lower courts based on Title VII of the Civil Rights Act of 1964, which prohibits sexual discrimination in the work place. Sex discrimination was not included in the original draft of this legislation but was added at the last minute as an attempt to prevent passage of the Act. As a result, the true intent of Congress in the matter is not known. The first case litigated under this statute was Barnes v. Train some ten years after passage, and the District Court of the District of Columbia rejected the suit as not being the type purposed by the Act. The next case was a year later in Corne v. Bausch & Lomb, Inc. in which two female employees claimed constructive discharge as a result of physical and verbal sexual advances, and the Arizona Federal District Court rejected the suit as not being what was intended by the Act."
Abstract This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper "A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
Abstract The paper shows how increasing national authority and the development of presidential power have at times complemented one another, yet at others have contradicted one another. The paper traces the history of authority in the American system and relates how this power has risen increasingly over the years and the resulting conflict between the two processes.
From the Paper "Ultimately, it is clear that national authority and presidential power have a tenuous but lasting relationship. As the United States has developed economically, socially, and politically, the need for a strong central government has intensified. As a result, national authority has strengthened, taking by legal means significant amounts of power away from state and local governments. Similarly, as the national authority increases, the power available for the President to assume increases proportionally, sometimes with dramatic results. The Founding Fathers, were they alive today, may not be comfortable with the extremely centralized power structure that defines our federal government. However, the United States of America, in spite of its transformations, continues to be the longest standing democracy in the world. In this, perhaps true power lies with the people after all."
Tags: constitution, executive, sovereignty, bill, of, rights, Nixon, Watergate, Congress
Abstract The paper discusses the background to the creation of the three-strikes law, which imposes heavy mandatory sentences on persons convicted for the third time of a felony. The paper examines whether the law exhibits adequate proportionality in applying third-strike sentences.
It also discusses the constitutionality of the law and arguments put forward by opponents to the law.
From the Paper "Supreme Court Justice Sandra Day O?Connor's opinion in Ewing v. California stressed that courts should not interfere with decisions by state legislatures concerning criminal sentencing policies (Cahill, 2003). In this case, the supreme court upheld the constitutionality of a 25-year sentence against Gary Albert Ewing, whose third-strike sentence was stealing three golf clubs, valued at $1200, from a store."
Abstract This paper examines the issues surrounding the "three strikes" law to determine whether it has been effective in reducing crime, if it deters crime,and if it is a fair and practical law. Ultimately, this paper aims to determine if the three strikes law should be implemented nation-wide. It discusses how since its introduction in 1993, the controversial "three strikes" sentencing law has been a topic of heated debate amongst politicians, lawmakers and the public. It looks at how the foundation of the "three strikes" law is often referred to as the "six percent solution" which holds that a small percentage of criminals, approximately six percent, commit up to 80 percent of all crimes. Thus, proponents of the "three strikes" laws believe that it will get this highly active and dangerous group of repeat criminals off the street, significantly reducing crime rates. Statistics and graphs are included.
From the Paper "A separate study by Beres and Griffith (1998) revealed that the three strikes law produces a modest reduction in crime (Jones, et al, 2001). However, these results showed that the reasoning behind the law is intrinsically flawed for many reasons. For one, there is little evidence that incarcerating the six percent of career criminal actually reduces crime. Rather, evidence shows that a substantial number of young males engage in criminal activity during their adolescence years. In addition, this study showed that criminally active offenders are often imprisoned regardless of "three strikes" laws. Therefore, the only offenders affected by the three-strikes law are mainly low-rate, non-violent offenders. Finally, this study revealed that sentencing repeat offenders to longer terms would not have a real impact on the general crime rate. "
Abstract A detailed comparison of the Articles of Confederation effective between 1781-1788 and its replacement, the U.S Constitution. The author discusses the need to replace the Articles of Confederation with the constitution and then analyzes these constitutions point by point finding that the number of differences are more than the number of commonalities.
From the Paper "The United States has worked under two constitutions. The first was the "The Articles of Confederation" which was ratified by Maryland, and was effective from March 1, 1781 till June 21, 1788. The second was ? The Constitution?, which replaced the Articles of Confederation when New Hampshire upheld it. A day, which changed the history of the Americans, is July 4, 1776. This is the day on which the members of the Second Continental congress signed the Declaration of Independence, which is not very commonly known but has its own importance. It is on this date the September 17, 1787 on which the constitution was signed. So it is this Constitution that actually founded the government that we are familiar with today. But surely there was a government in the years in-between."
Tags: declaration, government, comparison, history
Abstract This paper analyzes the topic of cell phone use while driving. Specifically, the paper looks at the increased use of cell phones in the United States and the dangers of driving while talking on a cell phone. The writer believes that talking on a cell phone while driving is dangerous. The paper makes reference to studies which show that it is just as dangerous as drunk driving and talking on a cell phone while driving should be banned nationally.
From the Paper "Driving while talking on a cell phone has become quite controversial as more Americans use cell phones every day. Using cell phones in public can be annoying and downright rude, but driving while talking on a cell phone can be deadly. One analyst noted, "Driving and talking on a cell phone is like drinking and driving. In both cases, the driver's reaction time is slowed, especially in the event of a roadway mishap requiring urgent response. In addition, a driver likely cannot give the same level of attention to driving as when not using a cell phone" (Egan). Driver inattention is one of the main causes of accidents on the road today."
Tags: car, phone, accident, traffic, distraction, mobile
Abstract The following brief discussion considers the two sides of this issue. Initially, my support for affirmative action is outlined. Subsequently, the body of the paper considers responses to my position. A conclusion reiterates support for affirmative action in light of the arguments against it.
Abstract This paper briefly examines the causes and the consequences of drunk driving. Statistics provided by the National Commission Against Drunk Driving are used.
Abstract The concept of mens rea will first be elaborated in this paper, followed by an analysis of when the defense of insanity can be applied and concluded by a brief discussion on the credibility of criminal insanity.
Abstract This paper focuses on the legal after-effects of the Gideon v Wainright decision which ultimately led to the guarantee of council for everyone during a criminal court process. The paper looks at the current relevance of the case, the facts disputed in the book, the outcome of the dispute and the debate, the parties effected by the outcome, the main players in the case, and the author's message about the legal system, lawyers, and the law.
Abstract This paper presents the argument often used to oppose gun control: that gun control laws violate the Second Amendment to the U.S. Constitution. The paper also cites statistics from the Australian Bureau of Statistics suggesting that crime has increased since Australia instituted gun control laws.
From the Paper "This, however, is a gross misrepresentation of the Bill of Rights. The Bill of Rights are "rights" which the government in unable to infringe upon. These rights were specifically declared to protect the citizens from the government's tyranny, not to allow it to place restrictions upon us. Civil Rights set us free, not restrict us. The second amendment was specifically created so the citizens could be able to defend themselves in the event a tyrant leader came to power."
Abstract This paper looks at a variety of aspects regarding minimum wage. It looks at the laws enacted, the rates set, and exceptions to minimum wage laws. The deterioration of the buying power of minimum wage is addressed, and statistical evidence of this deterioration is provided. Also included is an account of the economic impact of minimum wages.
Brief History of Minimum Wage
United States Minimum Wage
Minimum Wages Economic Impact
Different States Minimum Wages
From the Paper "The minimum wage as part of the Fair Labor Standards Act was passed in the year 1938. The first minimum wage was .25 per hour. However, it has increased over the decades with now as current federal minimum wage $5.15 per hour. But even with the increases, the Coalition on Human Needs has observed that the buying power of the federal minimum wage has deteriorated by almost twenty five percent over the last twenty years (about.com)."
Abstract This paper examines how the history of assignment of custodial responsibility for children when parents separate or divorce has varied more than most people realize. It discusses how American courts, as well as the Anglo system that preceded it, have held various views over the centuries regarding who should take care of children after divorce, with the view that either parent may be the best choice in any individual situation being a relatively new development. By looking at how court rulings have changed, particularly over the last thirty years, it attempts to demonstrate how it is evident that many men can and will do an excellent job of raising their children when called upon to do so.
Outline
History
Current Issues
Fathers? Rights Movements
Examples of Single Fathers
Factors that Help Fathers Win Custody
Joint Custody
Conclusion
From the Paper "Laws have changed to reflect changes in society standards. In 1973, the New York Supreme Court ruled against the automatic assumption that of the two biological parents, the mother is automatically the best parent to receive custody of children in a divorce. They wrote, ?The simple fact of being a mother does not, by itself, indicate a willingness or capacity to render a quality of care different than that which a father can provide.? (Risman, 1985) By 1982 the state of Missouri had acted in a similar way. A Missouri court order from that year states, ??If both parents are employed and equally absent from the home, the mother has no more part in training, nurturing and helping in the child's development; and if everything is equal, the mother has no better claim to child custody.? (Stachewicz, 1993)."
Discusses the Sarbanes-Oxley Act, which was designed as a response to the wave of corporate fraud cases that riddled the corporate landscape in America in 2002.
Abstract This paper looks at the Sarbanes-Oxley Act that was enacted in order to rectify the constant corporate scandals, fraud, and failures sweeping across the United States. The paper discusses the purpose of the Act, outlines its contents, explains exceptions to the Act that apply to foreign companies, and includes a timetable chart for its implementation. Issues such as independence and corporate responsibility, independence within the accounting profession, accountability and disclosure, and how the Act affects banking organizations that are non-public are also discussed in this paper.
From the Paper "The Sarbanes-Oxley Act is aimed at private companies by definition, as Section 108 on Accounting Standards implies. However, despite this seemingly straightforward definition, non-public banking companies are finding themselves under the jurisdiction of the Act based on their former standing with regard to SEC and FDIC regulations."
