This paper discusses the Family and Medical Leave Act (FMLA), which was signed into law in 1993, one of the most important pieces of labor legislation ever enacted in this country.
Abstract This paper reports that the FMLA requires all covered employers to grant their eligible employees up to 12 weeks of unpaid leave in a 12-month period for four main reasons: To give birth or to take care of a newborn child; to adopt a child, take in a foster child or to take care of a newly placed child; to care for sick family members, meaning a spouse, child or parent and allows employees who are ill and unable to work an extended leave period. The author feels that the greatest problem with the FMLA lies in the difficulty of determining what counts as a "serious health condition". This paper quotes studies that show that the FMLA has not resulted in greater hardships to companies and businesses or in increased worker absenteeism.
Table of Contents
Overview
History
Assessing the FMLA's Effects
Problems with Implementation
Employee Concerns
Problem Areas
FMLA Reforms
Employer Reforms
The Next Step?
Conclusion
From the Paper "While employer complaints are mostly anecdotal or backed by private-interest research groups, these successful court decisions set precedents that demonstrate the need for FMLA reform. First, there is a need to clarify what illnesses fall under the classification ?serious health condition.? Critics argue that current definition of a serious health condition is too broad, including minor illnesses that are already covered by sick leave policies. In addition, while many workplace policies already provide for chronic conditions, employers believe that the FMLA regulations regarding chronic illnesses are particularly prone to abuse. Advocates thus believe that FMLA reforms should start by disqualifying short-term illnesses and other conditions with relatively brief recovery periods. Employers should also be given the right to verify the medical information on an employee's health form directly from the healthcare provider. Employers and human resources professionals have also identified several problems with the complicated procedures regarding leave requests and notices."
This paper discusses the censoring of music videos by state and federal legislators by passing laws to make selling minors music videos with objectionable language, violence or sexual nature, without parental consent, a crime advisories.
Abstract This paper explains that the censoring of music videos is similar to tactics with movies and video games that failed. The paper points out the reasons for this failure are the same for music videos: Freedom of speech, the questionable validity of studies that warn about harmful affects of violence and sexual content on children and the responsibility of parents versus store owners in supervising youth's actions. The author believes that this indeed makes the United States a better country for everyone.
From the Paper "Naturally, those who take the other point of view can point to their own studies, which say that music videos alter sexual views. However, where such studies fall short is that they cannot be conducted in a vacuum. Today's kids are assailed with sexual imagery -- in magazines, ads, movie trailers, and posters. At home, more than half of all television programs -- 56 percent -- contain some sexual material, according to a recent study by the Parents Television Council, a nonpartisan advocacy group. In the last decade, the frequency of sexual interactions more than tripled during primetime viewing hours."
Abstract This paper discusses Napster, first started by college student Shawn Fanning in 1999, that facilitated the sharing of recorded songs over the Internet. It shows the way Napster operated until its shut down in September of 2002, due to multiple charges that the website violated copyright infringement. The paper then looks at the void left in the market by Napster and shows how other entrepreneurs are looking for legal ways to enter the market for digitized music files.
From the Paper "Anticipating the void left by Napster, various other individuals began working on alternatives that would still allow the swapping of music files without violating the law. Ian Clarke, a programmer in England, designed a program to facilitate untraceable files. His program would allow anything to be traded, including pornography. He said that those who made their money on copyrights should just find another way to make their living (Levy, 2000). He did not explain how anyone could profit from writing songs without copyright protection. In addition, what is untraceable now may well be traceable in the future, and it is unlikely that all nations of the world will do away with copyright law."
Abstract This paper discusses the history of the Fourth Amendment, the amendment itself and whether the rights covered are threatened today. Considering the current political climate in the United States since the 9-11 terrorist attacks, this paper discusses whether searches and seizures are unconstitutional when the nation's security is at risk.
From the Paper "Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy. However, according to the conclusion of the Court, the Fourth Amendment does not ?protect all property interests or apply to all situations where people might wish to protect their privacy.? Perhaps, never has this amendment felt more threatened than today. The attacks on the World Trade Center on September 11th, spurred the White House Administration to create the office of Homeland Security and pass the Homeland Security Act, an act many feel treads on citizens? rights protected by the Bill of Rights, in particular Fourth Amendment. "
Abstract International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. This paper explains how knowing and learning of its powers, duties and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements. This paper provides information on International Commercial Arbitration. It also examines the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.
From the Paper "In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is impossible to enforce. As a solution to this difficulty, arbitration was organized to facilitate the resolution of commercial disputes.
The International Commercial Arbitration flourished with the development and expansion of international trade and commerce. International methods of resolving disputes continuously develop and being nourished by the experience gathered from the various arbitration cases. Its purpose and function is to act as an arbitrator between parties from different nations with commercial disputes."
Abstract This paper discusses whether or not homosexuals should be allowed to marry one another. For some in the gay community, demands for gay marriage may in fact be a form of challenge to the "straight" community, but those who are truly serious about the issue are attempting to secure for homosexual partners such rights taken for granted by heterosexual married couples as the right to inheritance, to insurance benefits, for one partner to visit the other in a hospital and so on. The paper shows that society has so far deemed marriage to mean more than this and to have at least the possibility of procreating children and this idea, sometimes but not necessarily touted as a demonstration of dedication to family or so-called "family values," is used as an argument to deny gays the right to marry one another. The paper argues that one does not have to subscribe to this vision of "family values" to oppose gay marriage, however, for there are a number of reasons why marriage should continue to be reserved for heterosexuals. If gays want to achieve certain rights, which indeed they should have, they can do so through some form of domestic partnership, which is already in place in many states and which can be expanded to serve the needs of all. This protects the institution of marriage while giving reasonable benefits to any domestic partner arrangement. The paper looks at the issue from a historical perspective and then offers a constitutional analysis to show how gay marriage has been presented in American law.
From the Paper "The cases discussed above in Hawaii, Vermont, Massachusetts, and other states constitute the current body of case law specifically on the issue of gay marriage. The U.S. Supreme Court has not yet had a case on the subject and so has not decided the issue. When such a case does reach the Court, proponents of gay marriage are likely to raise the issue in terms of the privacy rights cited above, while the opposing side is likely to emphasize the definition of marriage and the fact that numerous states today have laws on the books defining marriage as between a man and a woman only, with many such laws passed pre-emptively to avoid having to recognize gay marriages."
Abstract This paper explores the controversial subject of minors being executed for crimes. It explores several cases when minors were sentenced to death for cruel murders committed. The paper argues that although sentencing a minor to death is not a solution to crime, certain circumstances require this type of justice to be meted out.
From the Paper "The Supreme Court case of Stanford v. Kentucky set the federal minimum age of minors executed. The case actually involved two offenders. First, Kevin Stanford was charged with killing Barbel Poore, who was 20 years of age. Stanford repeatedly raped and sodomized Poore during and after a robbery at a gas station where she worked. He then shot her in the face, then in the back of the head. Does this sound like an act of a child? Another case studied involved Heath Wilkins. He was 16 and a half when he robbed a store and murdered 26-year-old Nancy Allen. After stabbing her 8 times, he left her to die. These do not seem like the acts that a na?ve child would make. These acts were well planned and their consequences were known."
Abstract Most legal and constitutional experts advocate separation of state and church keeping in view the multicultural society of the United States. The government also understands the significance of keeping state matters away from religious jurisdiction and therefore seeks to formulate laws, which are secular in nature. However there are still some laws which contain words that are consistent with the principle of separation and thus create problems for people who do not endorse views held by a majority of the American public. In one recent lawsuit, Michael Newdow opposed the addition of the wording, 'Under God' in the Pledge of Allegiance. This paper focuses on this case and Judge Goodwin's ruling showing that the decision was solely based on legal facts and not personal sentiments.
Abstract Prohibition failed because it was an unrealistic and unenforceable law that created problems, wasted tax money, and unnecessarily restricted personal freedom, exactly as the War on Drugs is failing today. This paper describes American alcohol use, the temperance movement, Prohibition, and the War on Drugs and explains how legalizing drugs would reduce crime and public health problems.
Abstract This paper examines the views of both those whom support and those whom oppose Roe v. Wade, with the intention of clarifying the principles found within both sides of the abortion debate.
Abstract This paper provides a brief examination of the Constitutional interpretation of the search and seizure law. There is a focus mainly on the limitations of the search and seizure law, as this provides focus to this extremely varied legal topic.
Abstract This paper will argue against the pro-life view against abortion in the current state of the debate on abortion. By understanding this many-sided fight for the right of women to be able to make a choice for themselves in this issue, we can why their rights need to be protected. By looking at some of the analysis that has been written on the subject, the right for women to have control issues over issues about their won bodies should be fought for. This paper will study these sides, but will focus on the right for women to have an abortion, if needs be.
Abstract This paper will discuss gun control and why we should have more laws protecting people from guns in this country. This study will show the forces that oppose gun control and an argument for more protection in gun control will be shown through the analysis provided. By presenting both sides of the argument, a better understanding of what gun control is needed will be understood.
Abstract This six page paper discusses the opinions both for and dissenting of the supreme court in the case of Roe v Wade, analyzing what opinion was the or was not the correct one.
Abstract This paper explains the Sarbanes-Oxley Act of 2002, which requires all companies to file periodic reports with the SEC, changes the responsibilities of directors and offices, and modifies the reporting and corporate government obligations of SEC-reporting companies. The author points out that the business objective of the Sarbanes-Oxley Act is to restore investor confidence in companies and markets. The paper concludes that, in the long run, the Sarbanes-Oxley Act will do little to increase the integrity of certified financial results and may only lead to an upswing in litigation.
From the Paper "The economic fall out of corporate fraud has been devastating (Taylor, 2003). Seven of the twelve largest bankruptcies in U.S. history are now working their way through the courts. A slew of over-hyped Internet companies have gone out of business. On December 2, 2001, Enron filed for what was then the largest bankruptcy in US history at $63 billion. This was followed by bankruptcy filings from Adelphia Communications in June ($24 billion) and by Worldcom ($104 billion) in July, the largest bankruptcy in history. In all these cases, the companies had simply lied about their earnings. And, the stock market has been decimated. The bear market has lasted longer than that of the Great Depression. At its low, the S&P 500 was down forty-nine percent from its high in 2000, and NASDAQ was down seventy-eight percent."
