An analysis of the Patriot Act, which was passed in the wake of the 9/11 terrorist attacks and gives sweeping powers of search and surveillance to the law enforcing agencies.
Abstract This paper discusses the controversy that still surrounds the Patriot Act and examines its impact on the law enforcement agencies and the Fourth Amendment. The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks, gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. Constitution and violates the due process law of the Fourth Amendment.
From the Paper "The Bush administration and the US Department of Justice insist that the Patriot Act is not aimed at restricting civil liberties and consists of only modest, incremental changes in the law in order to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. The Department of Justice Website claims that following its passage, the Patriot Act has played a key part in a number of successful operations to protect innocent Americans from the deadly plans of terrorists. (The USA PATRIOT Act: Preserving Life and Liberty, 2003) Others such as the American Civil Liberties Union (ACLU) beg to disagree and denounce the defense of the Act by the government as misleading and dishonest. Their main worry is that the expansion of police powers and the reduction of personal privacy do not make Americans any safer from terrorists - it only allows the government to interfere with the privacy of its citizens."
Abstract This paper addresses an issue that is central to America's constitutional foundations, that is, the ongoing conflict between the First Amendment and the Sixth Amendment. It focuses on the current controversy about video cameras in the courtroom and the impact they might have on the free press/fair trial debate.
From the Paper "The print press currently has legal reasoning that supports the coverage of courtroom proceedings. One of those reasons is that the public has a right to know what is going on in the cases, and the press is the only way they can find out about it. The Supreme Court has made it clear that cameras in the courtroom can be constitutionally permitted, because the presence of a camera does not make a trial unfair."
Abstract Following the collapse of Enron and WorldCom and the flow on effects to Arthur Anderson, legislatures world wide are recognising the need to reform the exposure of auditors and their firms to claims of negligence. This paper examines the merits of limiting the legal liability of auditors. The paper considers the measures recommended in Corporate Law Economic Reform Program (CLERP 9) and explores other practices adopted around the world.
From the Paper "Many of the principles setting out the legal liability of auditors are found in the common law. In the case Re: London & General Bank Ltd (No. 2) , the court held that an auditor must exercise reasonable care and skill, the level of which was dependant on the circumstances. These findings were confirmed in Re: Kingston Cotton Mill Company (No. 2) , where Lopes stated that the auditor was "...a watch-dog, but not a bloodhound" and that he was only required to investigate matters which aroused suspicion. These standards of reasonable care and skill are not static, they change with time, per the findings of Pennycuick J in Re: Thomas Gerrard & Son Ltd."
Abstract This paper explains that the court case of "Tinker verses Des Moines Independent Community School" (1969) stated that students do not shed their constitutional rights at the school house doors; therefore, a student's freedom of expression in school must be protected unless it would seriously interfere with the requirements of appropriate discipline. The author points out that advocates for school uniforms base their need on the rationales that uniforms save money, time and undue stress to both students and parents, prevent students from wearing gang related clothing hiding the ability to conceal weapons and identify students who belong to the school and prepare students for the conservative dress of the real work-world. The paper relates that the opponents against required student uniforms base their arguments on the fact that there is no supporting evidence that uniforms improve school success, the uniforms are expensive and uniforms do not cut down on school violence.
Table of Contents
Introduction
Pro Uniforms
Con Uniforms
My Neutral Voice
From the Paper "Because of the lack of statistical data, both sides of the uniform issue have strong points and are correct. There is no right answer and the debate will continue on forever unless both sides agree on a mutual acceptable consensus. Some possible solutions would be for both sides to agree to disagree and develop a dress code that highlights the needs of both sides, for example respects human rights but at the same time teaches students to dress for success. Both sides of the debate will gain in the long run, as well as the student. Parents will teach their children the art and skill of collaboration, working together, and reach consensus to achieve a common goal."
Abstract This paper describes the disastrous Enron accounting scandal and how it brought financial destruction to thousands of investors, as well as the resulting Sarbanes-Oxley Act, an act intended to protect investors by mandating the accuracy and reliability of corporate disclosures to the public. The paper recounts the rise of Enron and its financial ruin brought on by fraudulent investments and accounting practices. The paper further describes the Department of Justice investigation into the scandal, its implications, indictments in the scandal and the many important features of the Sarbanes-Oxley Act.
Outline
Introduction
Enron History
Enron's Fall
Implications of the Enron Scandal
The Sarbanes-Oxley Act
Conclusion
From the Paper "Imagine, one day you are gleefully planning for retirement, you've just received your retirement fund statement and your diligent savings has grown nicely over the years. In fact, you envision traveling the country, during your golden years, or perhaps taking that European cruise you've so dreamed about. Yes, you're finally seeing the light at the end of the tunnel, your careful savings is finally about to pay off. However, in the next moment, it's gone! Completely. Gone are your dreams of cross-country sight seeing. Gone are your dreams of cruising the Mediterranean. In place of these dreams is the nightmare of the reality that your retirement savings is now not worth the paper the statement is printed on. That nightmare is the reality many Enron investors had to face."
Abstract This paper presents an argument that gay marriage should be permitted despite traditional and widespread religious opposition to it. The author points out that the issue of same-sex marriage is one of the most controversial in American society since the issue of abortion.
From the Paper "Although many religious conservatives wish it would, the issue of Gay marriage will not go away. This is particularly now that the U. S. Supreme Court has struck down state anti-sodomy laws as unconstitutional and in light of the Michigan State Supreme..."
Abstract This paper describes the four legal sources of privacy rights, which an employee has in the workplace. The author points out the way competition between the employee and employer impact the issue of privacy rights. The paper discusses the inclusion of privacy rights in employee handbooks.
From the Paper "Employers are increasingly concerned with issues related to employee privacy. Mark Lies noted that an employee generally has four sources of privacy rights within the workplace: Constitutional statutes, state, common law and contract. Within every workplace, there is a constant competition between the interests of the employer and the employee, which directly impacts these privacy rights. Lies notes that conflict between employers and employees over issues related to privacy often focus on the use of personal information regarding the employee observation and regulation of employee conduct."
Abstract This paper looks at the California law regarding child abuse, child abuse statistics, the foster care system, returning children to abusive homes, alternatives, removing children permanently form the home, and the effects in later life of abuse in childhood. The paper also makes a recommendation of how abused children should be treated.
From the Paper "Under California law, child abuse or neglect includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse, neglect, wilful cruelty or unjustifiable punishment, unlawful corporal punishment or injury and is against the law. Neglect means the negligent treatment or the mistreatment of a child by a person responsible for the child's welfare, severe neglect means the negligent failure of a person having the care of custody of a child ,to protect the child from severe malnutrition or medically diagnosed..."
Abstract This paper examines the application of the Occupational Safety And Health Act (O.S.H.A.) in the current employment environment. It describes the impetus of O.S.H.A. Law and how it evolved from organized labor activity to more widespread application.
From the Paper "According to an essay by Judson MacLaury published on the U.S. Department of Labor website, by the number of industrial accidents coupled with reports of increases in occupational diseases and work-related disabilities prompted Congress to pass the Occupational Safety and Health Act the O.S.H. Act in an effort to ensure a safe and healthy working environment for all employees. Thus, the evolution of laws governing worker safety shifted from laws passed by the various States offering varying degrees of protection to workers, to a federal law ... "
Tags: OSHA. Law, federal regulation, union labor relations, workplace injuries
Abstract This essay contains two case briefs, one for a real property case and one for an intellectual property case. Furthermore it answers six questions which the customer wanted included. The questions deal with real and intellectual property law.
From the Paper "Facts: The city of New London, Connecticut was in need of economic revitalization so when the Pfizer corporation began to construct a new facility on the outskirts of a residential neighborhood, the city reactivated "the New London Development Corporation, a private entity under the control of the city government, to consider plans to redevelop the Fort Trumbull neighborhood and encourage new economic activities that might be brought by the Pfizer plant" (Kelo, 2006, p. 3). The corporation came up with a development plan which the city approved. The corporation offered to purchase the lots of Fort Trumbull which it would need, however some owners of the properties did not wish to sell."
A discussion on whether the Equal Pay Act of 1963 and the Civil Rights Act of 1964 have managed to meet their intended objective of eliminating discrimination in relation to equal pay.
1,125 words (approx. 4.5 pages), 4 sources, 2006, $ 44.95
Abstract Legislation relating to discrimination in the workplace that affects modern workers can be related to the Equal Pay Act of 1963 and the Civil Rights Act of 1964. The Equal Pay Act focused on gender and wages, attempting to create a national law that prohibited employers from paying women less than men for the same type of work. This paper maintains that, unfortunately, discrimination in relation to equal pay still exists in the United States, demonstrating that these laws had little effect on the realities within the workplace.
Abstract This paper summarizes the provisions associated with Title VII. It details the history and evolution of Title VII and how it aims to ensure equality for people of all races, religions, genders, ages, and disabilities. The paper discusses Title VII's workplace application. It details who is and who is not covered under Title VII and describes policies that companies should employ in order to avoid Title VII violations.
Table of Contents:
Abstract
Title VII
The History and Evolution of Title VII
The Impact of Title VII in the Workplace
Title VII Coverage
Avoiding Title VII Violations
Conclusion
From the Paper "Understanding the rights of employers and employees is critical to the success of any organization. Employers have a responsibility to ensure equality for people of all races, religions, genders, ages, and disabilities and should not tolerate discrimination of any form. This paper provides a summation for provisions associated with Title VII. The history and evolution of Title VII will be detailed along with workplace application, who is and who is not covered under Title VII and policies that companies should enact to avoid Title VII violations."
Abstract This grant proposal discusses the benefits of creating a program to prevent drug abuse among youths and and proposes an exact allocation of the grant money. The proposal also shows a timeline on how and when the author's department plans on spending the grant money and includes a detailed summary of all the costs involved in this kind of a program. The paper concludes that the overall benefits of this program will result in a noticeable reduction in drug abuse among the teenage population by disrupting the illicit drug trafficking organizations within the community, denying street dealers a customer base, reducing the number of emergency room admissions related to drug abuse and overdose, and establishing a strong anti-drug abuse program within all the schools within the community.
Outline:
Why and Where
How and When
Table: Cost Summary
From the Paper "Our department is committed to establishing, creating, and encouraging anti-drug programs such as D.A.R.E. in our communities at public and private schools, to home-school teachers and students, and to the general public. Our outreach program will start in the communities' schools; since a larger impact is imprinted in elementary, junior high, and high schools. We are committed to reaching out to children, teens, and the general public through flyers, pamphlets, meetings, seminars, and D.A.R.E. hotlines. Lastly, we are dedicated to inform children and teens of the dangers of drugs, gangs, and violence (encourage community policing); in addition to encouraging teachers, parents, and students to attend the 21st Annual D.A.R.E. International Training Conference in San Antonio, Texas on August 12-14, 2008 at The Alamo. The training conference teaches officials, schools, teachers, parents, and students on how to be leaders of the war on drugs in order to save the people."
From the Paper "In his dissenting opinion on a 1919 case, Justice Holmes wrote, ?[W]e should be eternally vigilant against attempts to check the expression of opinions that we loathe and believe to be fraught with death...? (Abraham and Perry 157). The case was Abrams v. United States, a freedom of speech case dealing with the distribution of socialist literature during World War I. There were other similar cases in the early part of the 1900s such as Schenck v. United States, Frohwerk v. United States, Debs v. United States, and Gitlow v. New York (Abraham and Perry 154-5, 156, 158). Although these cases laid the foundation for all of the freedom of expression cases that would later come before the Supreme Court, they did little when compared to the free speech cases that came before the Court in the 1960s. While the cases in the early part of the century were important for the precedents that they set, freedom of expression cases during the 1960s changed American government and politics. Supreme Court decisions on freedom of expression cases during the 1960s placed never before seen limits on governmental power and guaranteed the protection of several fundamental rights."
