Abstract This paper discusses how the issue of an Internet sales tax has been at the topic of much debate over the past few years and how the budget crises facing many states have made it a crucial one. It explores the current status of Texas legislation regarding Internet taxation and investigates the federal law regarding Internet taxation. It looks at the National Governors Association's model legislation to streamline and simplify state taxation and also examines the the jurisdiction requirements that allow states to impose sales taxes and the case law that affects a state's ability to tax Internet sales.
From the Paper "In 1999 Texas legislation proposed that the state would join the streamlined sales tax project. In recent years the legislation has adopted the practices of the streamlined sales tax project. Texas has currently has one the most stringent Internet tax systems of any state in the union. The state was concerned that it was loosing valuable tax revenue for sales made over the Internet. The Houston Business Journal explains that a merchant in Rhode Island can sell a product over the Internet to an individual residing in Texas but the state will not have the benefit of charging a sales tax because it is unaware of the purchase. This scenario has made lawmakers in Texas and other states criticizing the current federal legislation governing Internet sales tax."
This paper argues against California's "3-strikes law", which attempts to stop repeat criminals by sentencing them to mandatory life in jail after their third offense.
Abstract This paper explains that the 3-strikes law has created a dynamic within the criminal justice system that seeks to punish minor offenses, while shifting focus away from violent offenders. The author points out that, unlike other 3-strikes laws around the country, California's is unique in that it permits a lifetime sentence for any third offense, even one that is non-violent by nature, includes juvenile adjudications of those 16 and 17 years of age, and does not provide a "wash-out" period for long periods of time between offenses. The paper concludes that billions of dollars, nationally, have been thrown towards the 3-strikes legislation, but the intent of the law, to reduced crime, has not necessarily been achieved.
From the Paper "Finally, the 3-strikes rule is unfair in its application. Many argue criminal justice systems throughout the United States are discriminatory, but California's is blatantly so. The 3-strike law has had its most dramatic effect on California's African American population. While only 7% of the state's population is African American, more than 40% make up those convicted under the 3-strike law. Plus, the majority of offenses targeted by the law (robbery, possession of drugs, ect.) are offenses more commonly performed by minority and underrepresented groups."
Abstract This paper looks at the landmark case of Plessy vs. Ferguson, which upheld a railroad segregation law, thereby approving mandated racial division. The paper explores the way this case not only legalized racial segregation, but dashed the hope of achieving civil rights for African-Americans. It discusses the consequences of the Supreme Court ruling in the case with particular attention to the "separate but equal" standard established because of the ruling. The paper explores the social, political, and psychological impact of the ruling on the African American community and American society in general.
From the Paper "The Supreme Court case Plessy vs. Ferguson (1896) marked a major turning point in American history because it legalized segregation and created an impenetrable rift between blacks and whites. The 7-1 vote by the Supreme Court upheld a Louisiana railroad segregation law, thus approving mandated racial division. However, the ruling on Plessy v. Ferguson did more than just legalize segregation; it destroyed African American hopes for civil rights, ?legitimized a caste system under constitutional law,? and allowed southern white supremacist governments to keep blacks from moving up in society through legislation."
Abstract This paper discusses this law, which bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government. It describes how important this law is in the workplace and entire economy.
From the Paper "The Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin (Milestones 2). The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Milestones No Date)."
Abstract Discusses sources of international economic law and the complexity of doing business with another country in terms of contracts, torts, unfair trade, and economic malfeasance. Examines multiple regulations and the cultural background of the laws.
From the Paper "In September 2002, in the magazine Foreign Policy, Kofi Annan, the Secretary-General of the United Nations and recipient of the 2001 Nobel Peace Prize, wrote a long article talking about the new ..."
Abstract Discusses the impact of issues on day-to-day work and six sources of the law relating to administration of school affairs. Cites controversial education topics, including sexual harassment, freedom of expression, and discrimination.
From the Paper "Legal issues confront secondary school principals every day and it is to court decisions that these administrators must turn to gain up-to-date information about legal liability issues impacting upon their ..."
Abstract This paper discusses how lawyers and politicians have a notorious reputation for their unethical characteristics and how politicizing the judiciary compromises the integrity of judges and the judicial system, in general. It examines the concept an independent judiciary, the status quo of obtaining a bench seat in California and on the federal level, the cons of the California system, and a plan for ensuring the independence of the judiciary in order to understand why change is needed in the current system.
From the Paper "The federal system for appointing judges differs from the state system. At the federal level judges are appointed by the president. Before they take the bench the senate must then approve the president's appointments. Federal judges are appointed for life, but federal judges can be removed from the bench by the process of impeachment if they are considered to be corrupt. By having these judges serve life terms they can make impartial decisions without fear of being voted off the bench in a retention election. This allows them to make judicial decisions by interrupting the letter of the law, rather than popular public opinion it allows the judiciary to remain independent from politics and current issues."
Abstract This paper discusses how, as one of the most controversial Internet-based technologies, file sharing is causing a wave of ethical and legal conundrums. It looks at how Napster drew the most mainstream media attention due to several lawsuits filed against them by individual recording artists and how music files aren?t the only copyrighted materials being shared by Internet users. It explores how software, movies, and photos are freely traded through peer-to-peer (P2P) networks and how dozens of file sharing applications like Morpheus have gained popularity, posing legal and ethical problems as most of the files being traded are copyrighted material.
From the Paper "Napster began the file-sharing revolution and was one of the first pieces of software that created an organized network of users. Using a central server to store a massive amount of music files would not only be costly and cumbersome but also totally illegal, so the architects of Napster designed their software so that each person would download directly from other users? hard drives. This system basically made each individual PC running Napster into a server. A list of sharable files is compiled by the software client, and Napster's central servers compile the file lists of all its online users. This way, individual users can browse others? files in a secure manner. Using the software interface, users can then perform searches for specific song titles, and the songs are downloaded directly from one peer to another."
Abstract This paper discusses the nature of free speech. More specifically, this paper centers its discussion on the limitations of free speech, whether there should be limitations or not, and situations/cases where these limitations are to be considered or acknowledged.
From the Paper "Nat Hentoff's article, "Should this student have been expelled"? discusses the grounds in which free speech, whatever the situation, must be considered and respected by other people. In the article, Hentoff discloses to the reader the case of Doug Hann, the Brown University student who was expelled from the university because he committed ?Offense III [of the Brown code]? which prohibits inappropriate, abusive, threatening, or demeaning actions based on race, religion, gender, handicap, ethnicity, national origin, or sexual orientation? (387). Hann's offense involves speech that was demeaning in its context, through "racist, anti-Semitic, and homophobic insults" (385)."
Abstract This paper explores another argument against the death penalty: that capital punishment could not be fairly administered throughout the country. From state to state, variables such as race, class, and even gender continue to influence sentencing in capital cases. The inherent unfairness of this system is further seen in how states have different standards regarding what constitutes a capital offense. Given these differences, this paper proposes that a Constitutional amendment banning capital punishment is necessary on the grounds that the current administration of the death penalty is prone to conflicting interpretations by states, conflicting interpretations among jurors, and to the influence of extra-legal factors, such as gender, class, and race.
From the Paper "Currently, 38 states have legalized capital punishment statutes. In most states, the reinstatements of the death penalty were a response to public outcry over the perceived increase of violent crimes. There are now more than 3,000 people on death row. However, the death penalty continues to raise many disturbing questions. Study after study, however, has shown no correlation between the availability of a death penalty and crime. A study by the Death Penalty Information Center shows that United States, which retains the death penalty, has a murder rate that is more than three times that of many of its European allies that have banned capital punishment (DPIC homepage)."
An examination of the conflict between an individual's right to privacy and the public's need for safety in the context of sex-offender notification rules.
Abstract This paper examines how the United States is a country that prides itself on the level of freedom afforded to its citizens and how freedom and the rights of the individual are two concepts that helped shape the very backbone of the country. It also discusses how the concept of public order provides a framework by which most citizens can operate. In particular, it looks at what happens when there is a clash between individual rights and public order in the context of sex-offender notification rules. It concludes that the safety of the community should and must take precedence over the sex offender's individual right to privacy.
From the Paper "Many cities have sex-offender notification laws on the books. These laws mandate that a convicted sex offender must notify the local police in the community in which he (most sex offenders are male; in fact the Department of Justice [1996] has determined that all but 3 percent of offenders who commit violent crimes against children are male) decides to live upon being released from prison. He is required to provide to the police information such as his place of residence, his place of employment, if he moves and where he is moving to, and other basic information. The police then make this information available to the community in some form, whether it be through a Web site, mailings, announcements in the newspapers, announcements at neighborhood meetings, and so on."
Abstract This paper compares and contrasts the two important documents that shape America's political and social life today. The writer looks at the similarities between the two documents and shows how the founders who wrote the Constitution based many of the ideas on those of the Articles of Confederation.
Contents
Thesis
Social Comparison
Political Comparison
Economic Comparison
Conclusion
From the Paper The Articles of Confederation were composed during the Revolutionary War when the King of England had much control over the lives of the people living in the colonies in America. The need for a replacement government was felt and through this need there was created a a unification of the states with the authoritative power residing within the state government. The thirteen states considered themselves as thirteen different countries rather than one cohesive nation. As a result of this, there existed loopholes within the governments of the states.
Tags: government, history, u.s., civil, war, ammendment, nation
Abstract This paper explains that the theory behind the Civil Rights Act of 1964 and all the following civil rights legislation was simply to assist people in their attempt at upward mobility. The author points out that, without the judicial system to enforce the legislation of change, the legislation becomes worth no more than the parchment upon which it is written. The paper relates that the Equal Opportunity Employment Act protects women from discrimination upon the basis of their family status.
From the Paper "The first court case that began the chain of events that created these laws was the 1896 case of Plessy v. Ferguson, which established a legal precedence for the inclusion of racial segregation in public train cars. This single case began an already spirited legal climb toward a group of laws defining segregation that would later be known as Jim Crow Laws, named for a black face vaudevillian actor who was a popular racial stereotype in the late 1800s. With this initial establishment of legally enforceable segregation laws, the country was swept with laws governing everything from public schools to movie theaters and cafes."
Abstract This paper explains that society is forced to ask itself: What makes society different from the murderer, if it is so easily prepared to sentence someone to lethal injection or the chair? The author points out that both proponents for and activists against capital punishment in the form of the death penalty use the 'sanctity of life' as part of their argument. The paper concludes that, ethically, capital punishment is wrong because society is placing a huge amount of moral power within individuals' hands by implementing death sentences and executions; therefore, society must find other deterrents to serious crimes and acts of treason that do not involve capital punishment.
From the Paper "Capital Punishment has been in effect since the 1970s, despite cases and controversy that it goes against a person's 8th Amendment rights. Nevertheless, there has been changes in Capital Punishment laws and "in 2002 the Court barred the execution of mentally retarded offenders, overturning its 1989 ruling on the matter. In the same year the Court ruled that the death penalty must be imposed through a finding of a jury and not a judge" (Columbia, 2003). In 2002, lethal injection accounted for 71 executions (CP Statistics, 2003) while 1 was carried out by electrocution. Statistics in Capital Punishment have shown though that the numbers for 2002 have decreased for a second year in a row, and all inmates on Death Row had committed murder."
Abstract In recent years, the standards of the accounting profession have been a subject of great scrutiny. The boom of the 90s changed the business environment tremendously. Financial scandals and out-of-hand executives required the reshaping of the accounting industry. This paper shows that at the forefront of all this is the once-famous accounting firm of Arthur Andersen. The paper examines the history and success story of this firm and then examines the issues surrounding the charges of unethical practise.
Paper Outline
Company Background
The Rise of Arthur Andersen
Implications of the Fall of Arthur Andersen
The Fall of Arthur Andersen
After Enron, WorldCom, and the Fall of Arthur Andersen
Bibliography
From the Paper "In 1997, Andersen paid $7 million to settle fraud allegations arising from an audit of Waste Management Inc. Another whopping $24 million was paid in settlement over allegations that Andersen misrepresented the financial health of American Continental Corp. and its subsidiaries bases in Arizona. On top of that, Andersen was also under investigation by Arizona officials for repeatedly ignoring information that the Baptist Foundation of Arizona was defrauding its customers. After years of clean audits, the foundation was exposed as a multi-million dollar fraud."
