Abstract This paper argues that restrictions on the immigration of highly skilled workers threaten American prosperity and global competitiveness. It explains that immigrants who receive visas based on their skill levels and educational background and who can make a contribution to America's economy only comprise about 12 percent of legal immigrants. Without the necessary input of high skilled workers to meet industry demand, businesses will be forced to outsource jobs overseas and stop expanding the company all together. It claims that the bottom line is that American business cannot survive.
From the Paper "Immigration is having an ever-increasing impact on America's workforce. Since two-thirds of America's future population growth will be caused by immigration, it will continue to transform our workforce. Today, understanding the impact and implications of international immigration of the workers of the United States is an extremely controversial issue and it is at the forefront of many political debates. One of the most controversial aspects of the U. S. immigration policy is the degree to which immigrants affect the U.S. economy, in particular the labor market. In the 1980s 6 percent of the American work force was made up of foreign workers. In the 1990s, that number jumped to 10 percent. (San Francisco Chronicle 1999). Today, it is estimated that the number of foreign born workers in the United States is 15 percent. In addition, a disproportionate number of recent immigrants arriving in the United States are less-skilled and this trend is fueling the American public's concern that immigration is a major contributing factor in the decline of the relative earning of less-skilled American Workers."
Abstract The paper defines the Patriot Act and addresses the measurements of the conditions that the policy addresses. Then, the paper analyzes the execution of the Act and assesses the effectiveness of the policy. Subsequently, the paper presents an analytical framework, which advocates the restructuring of the present policy. Hereafter, the paper identifies and highlights the policy makers and assesses their relative importance in policy-making. The paper also identifies non-governmental organizations and segments of the public to which these policymakers must listen in order to be successful in the implementation of the policy, as well as to stay in office. Lastly, the paper identifies and assesses the constraints on achieving the policy objectives that are presented by clientele opinion, the courts and the agencies? staff, rules, and culture.
Outline
Definition of the Law
The USA Patriot Act
Implementation of the Patriot Act
Restructuring the Patriot Act
Significance of Various Policy Makers
Constraints on the Implementation of the Policy
Conclusion
From the Paper "The second millennium acquired a ruthless setback when it was shocked by the terrorist attack of September 11, 2001. The attack was unparalleled and extraordinary in many ways; it was huge, unforeseen, slyness, vicious, as well as shocking. For millions of Americans, it signified a depressing new world order for the days in front, where even the most protected society might be infiltrated and devastated by a small band of strong-minded zealots. The anthrax deaths later that September simply added to people's thoughts of susceptibility. It is no surprise that barely six weeks afterwards, on October 26, 2001, President George W. Bush quickly authorized into law the USA PATRIOT Act, by all dealings one of the most comprehensive, as well as contentious acts in United States history, proposed to spectacularly augment government powers of inquiry and enforcement, many would quarrel at the cost of individual liberties. The compound, as well as courageous 342-page Act had been quickly approved by overpowering majorities in the U.S. Senate (98-1), as well as House (357-66), devoid of public considerations or discussions, albeit the Act resembled segments of the Antiterrorism Act of 1996, which had previously been lined unconstitutional by federal courts (unknown2002b)."
Abstract This paper looks at the how Senate Judiciary Committee passed the victims? rights Constitutional amendment, which would give crime victims the right to be notified, present and heard at critical stages throughout their case. It examines how advocates for the amendment believe it encompasses four basic ideas: that all victims should be treated with the same dignity and given the same information as the accused criminal; how victims are notified when rapists or abusers are let out of jail or prison; how no one can profit from crime, and any monies should go to the victims and their families; and finally, how nationwide victims will be allowed to make victim impact statements before final sentencing. It also discusses how the amendment has encountered much opposition from nonprofit groups and prosecutors and judges who believe that granting victims the right to a speedy trial may put pressure on prosecution to try the case before it is ready.
From the Paper "The amendment also denies defendants due process rights, due process rights protect the innocent from arrest and imprisonment. They do not exist to protect the guilty criminals from punishment. One basic due process right is the right to be afforded an impartial trial. However, when you have victims pleading to the jury to return a guilty verdict, you can easily see that someone innocent could easily be denied the due process of the law (aclu.org). The result of this miscarriage of justice is innocent people being wrongfully convicted for crimes they did not commit (Wallace)."
This paper discusses several court cases reflecting the fact that many people continue to question the right of the schools to allow or not allow students any religious activities within the school setting.
Abstract This paper explains that, while church and state are to be separate, the government continues to play a vital role in deciding what can or cannot be done within the public school system. The author points out that, during the last century, many court cases have specifically defined the First Amendment and addressed key issues where rulings determined what may or may not be done within the school system concerning religious activities or displays. The paper details three major decisions made by the United States Supreme Court regarding state-approved religious activities in schools and their violations against the United States Constitution. These include Everson vs. Board of Education Court (1945), Engel vs. Vitale (1962), School District of Abington Township, Pennsylvania vs. Schempp (1963)
From the Paper "A student is not banned by the First Amendment to participate in the act of praying while at school. Instead, it prohibits public schools from being actually being involved in the prayers or other religious activities of students. Moments of silence in which individual students may choose to pray are constitutional, so long as teachers neither instruct nor encourage students to use the time for prayer. It is also constitutional for educators to teach the curriculum subjects of religious history, literature, and music if presented as academic and not in a devotional manner."
Abstract This paper defines forensic evidence as the detailed analysis of things found at the crime scene, including apparently vague and elusive pieces of evidence, such as hair, fingerprints, body fluids, and handwriting. The author believes that forensic science suffers from numerous loopholes, structural problems, and technical weaknesses. The paper stresses that forensic evidence should not be treated as a credible or reliable source of information in many cases because one wrong finding can destroy the lives of many, as seen in some recent cases.
From the Paper "Police have been using forensic science for decades now, but repeated blows to its credibility are likely to hamper its progress in future. For example, even though DNA analysis is one the most popular techniques being used by police but even this sophisticated methodology can give misleading results. World-renowned forensic scientist Dr. Henry Lee offers insight into why DNA evidence may not yield any answers at all in some cases, and why police cannot always depend on DNA samples to identify the offender."
Abstract This paper explains the reasons for the origin of the exclusionary rule and then looks at how this rule has led to the abuse of the Fourth and Fifth Amendments of the U.S. Constitution. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals.
From the Paper "Our nation's judicial system was designed in order to protect the rights of every person from being trampled on by a legal steamroller, or a judicial juggernaut focused on seeking it's own will, rather than dispensing fair, and well deliberated justice. The Framers of the constitution had existed for years under the tyrannical and sometimes whimsical rule of King George, and wanted to safeguard the rights of the citizens involved in legal disputes. However, in recent times, the rights of citizens have bled over, and colored the proceeding by creating rights for guilty criminals. In these cases the laws have made it more difficult to secure judgments against those guilty of criminal activity."
Abstract This paper explains that the right to privacy is a very complex subject stemming from the protection provided by the Fourth Amendment, which protects against unreasonable search and seizure and is often at issue when employers are challenged in court. The author, reviewing AT&T Wireless's guidebook, indicates that the company reserves the right to monitor, obtain, review, copy, store, and disclose all information, content, and data used, stored, or maintained on the company's system, including, but not limited to, e-mail and voice mail messages, intranet sites, and Internet access. The paper relates that employers monitor the activities of their employees because employers may be liable for misconduct of employees, and causes for low productivity may be discovered by surveillance.
From the Paper "Large companies such as AT&T Wireless realize they need to create a privacy policy in order to protect propriety information and most importantly employee data. In order to ensure that employees are aware of their privacy rights, many companies such as AT&T Wireless distributes a yearly colleague guidebook. This guidebook gives specific information on several privacy topics, including the actions the company can take to review company property if they feel you are abusing the use of it. The guidebook discloses the following: ?E-mail, voice mail, intranet/intranet use access is for authorized business use only. The company retains the right to monitor and to electronically limit access to certain sites in its sole discretion.? "
Abstract This paper provides an overview of the various technologies that exist to enable people to download music from the Internet, including P2P, home CD burning, and music piracy. It looks at the problems this technology brings with it, both legal and ethical, and suggests ways around these problems.
From the Paper "The music industry is undergoing a global technological revolution which has been induced by the introduction of Peer to Peer (P2P) file sharing, and the proliferation of recordable CD equipment which his now within the financial reach of the average consumer. Either of these influences alone could have been absorbed by the recording industry. The presence of a P2P service which was limited only to sharing files between computers would have been convenient and innovative fun. If consumers could only put personal music tracks on portable disks, the convenience would have expanded the reach of the individual's music collection, much the same way that personal cassette recorders did in the 1970?s. Although the music industry was worried about personal cassette recording abilities of the past, the inherent poor quality of personal recordings meant that the demand for studio recordings remained high."
Abstract This paper stresses that the United States is the only Western democracy that still applies the death penalty and, therefore, still adopts Hammurabi's law, written in 1780 B.C. The author argues that the death penalty is so expensive because it is part of a complex legal structure, and the maintenance of these institutions and its legal impositions are very costly. The paper concludes that society needs to consider that criminals should be treated as mentally-ill individuals who need therapy and psychological reform; therefore, they must be given a chance to regret their actions.
From the Paper "Inherited from the English common law, which traces its origins back to the thirteenth century, Anglo-American jurisprudence has incorporated many of its punishment practices and judgement criteria. ?In England, until 1820, more than 200 crimes were punishable by death,? . The primary reason the public demands capital punishment is that people are stirred by the desire of vengeance. It is the first reaction to the moral outrage elicited particularly offensive conducts. It is the urge that there must be retribution for the life that has been taken and the suffering a criminal has inflicted to his or her victim. However, retribution is not the objective of criminal law, it is correction. Just as a felon commits an injustice taking a human life away on the streets, we also commit one by taking his or her life away in a death chamber. It makes no difference where and for what reasons, "injustice anywhere is injustice everywhere", as Martin Luther King wisely said."
Abstract This paper first provides background and historical information on DNA research and technology. The paper then discusses how this technology can be applied to modern law enforcement and the private and public policy issues that the collection of DNA information has given rise to. Finally, the paper takes a look at the future implications of this technology and the way it will revolutionize medicine and our understanding of genetic diseases.
From the Paper "It was realized almost immediately, that blood typing had potential value for criminal identification investigations, paternity confirmation and exclusion, and other evidentiary purposes, because they were dictated by Mendel's Laws of Inheritance. By the 1960s?, researchers had identified many other more subtle factors than surface antigens, enabling them to differentiate blood samples by virtue of specific enzymes and serum proteins that conferred much greater accuracy to the determinations (or exclusions) of identity revealed through blood studies."
Abstract This paper defines whistleblowers as those who expose illegal or unethical practices in their organizations. It discusses the concept, including the conflicts faced by the potential whistleblower, and argues that the practice should be encouraged within an organization or business.
From the Paper "Many individuals are hesitant to engage in internal whistleblowing for fear of retaliation from the organization. It is important for organizations to address these concerns, and emphasize their compliance with the FCA and Corporate Sentencing Guidelines. By doing this, as well as providing information concerning the incentive programs, organizations are striving to encourage members to blow the whistle on corruption."
Abstract This paper explains the reasons why the U.S.A. Patriot Act is so controversial. The paper points out that the Act increases surveillance and investigative powers without instigating a system of checks and balances to safeguard civil liberties. Also discussed is the controversy surrounding the haste with which the Act was passed. Furthermore, this paper explains the implications that the lack of protection for civil liberties and the hasty response to 9/11 have for American citizens.
From the Paper "The September 11, 2001 attacks on the United States had severe and immediate consequences. One of the most far-reaching of these is probably the ease with which terrorists were able to plan and carry out the attacks. This brought the government's attention certain shortcomings in the security measures in place at the time. The USA PATRIOT Act is one of the controversial results of the government's panicky response to the 9/11 attacks. It might be seen as an unobjective and emotional response to a time of crisis. Indeed, the increasing negative responses to the Act appears to substantiate the notion that the Act was passed in haste, without the opportunity for sufficient debate and in-depth thought."
Abstract This paper points out that there are three underlying concepts that must be assessed in determining whether, under international law, the United States? invasion of Iraq in 2003 was legal or not. The first of these is the United Nations? principle that conflicts should not be resolved unilaterally, but rather with the consensus of that body. The second is the Geneva Conventions principle against targeting civilian populations and civilian infrastructure not justified by military objectives. The third is the necessity of an individual state to protect itself; that is, the United States.
From the Paper "Before one even begins to look at what experts in international law believe about the invasion, it is necessary to consider this: both the United Nations Charter and the Geneva Conventions protocols have been used to justify various forms of international actions in the past, so it is not possible, without the incident actually landing in an international tribunal, to definitively say that the U.S. invasion of Iraq was legal or not. All that is possible at the moment is providing the full range of expert opinions regarding the subject. Still, the main focus in determining the legality or illegality of the act must remain the United Nations. Founded in order to prevent foster nations? settling disputes without the need for force, its Charter is the foundation on which relations between sovereign states is governed. In addition, justification for the action is a proper concept to consider: the principles set forth in the United Nations Charter are imprecise, leaving room for proving that a nation's actions were consistent with the letter and spirit of the articles in question."
Tags: united, nations, state, protection, geneva, conventions, civilian
This paper argues that Megan's Law, which requires persons convicted of sexual crimes to register where they are living after being released from prison, is constitutional.
Abstract This paper explains that critics of Megan's Law, which has been adopted in some version of the original New Jersey statute in all fifty states, contend that the law infringes on the constitutional rights of the sex offenders. The author points out that sexual offenders question the registration requirements based on the fact that the offenders feel they are facing a type of double jeopardy. The paper relates that the problem with Megan's Law is not its constitutionally, but rather that the legal process for the law may have some flaws because legislatures tend to respond to horrifying sexual crimes through hurried legal responses.
Table of Contents
Introduction
Megan Kanka
First Megan's Law
Constitutionality
Legal Process
Recommendations
Conclusion
From the Paper "?Megan's Law is named for 7-year-old Megan Kanka, a New Jersey girl who was raped and killed in 1994 by a child molester who moved in across the street from her house.? In July, 1994, Megan was sexually molested and brutally killed by a repeat sexual offender named Jesse Timmendequas. Timmendequas had been convicted two times of serious sexual offenses and he lived in a house with two other sex offenders right across the street from Megan Kanka. Timmendequas had recently been released from a New Jersey prison and treatment center for individuals with compulsive and repetitive sexual habits."
Abstract This paper explains that the moral legitimacy of marriage between same-sex partners hinges on marriage being perceived as a religious foundation or as a social, economic coupling. The author points out that, in countries that exclusively have monogamous marriages, some opponents argue that allowing same-sex marriage will promote the legalization of polyamorous marriage or other types of marriage they find objectionable. The paper relates that proponents of equal marriage rights for same-sex couples state that over 1,000 federal rights and benefits are denied same-sex couples by excluding them from legal marriage, which goes against the 14th Amendment of the U.S. Constitution, which provides for equal protection under the law.
From the Paper "Same-sex marriage is marriage between partners of the same gender. This type of marriage is currently legal in only a few countries around the world. In the United States, the degree of legality of same-sex marriage varies between different states. In the U.S., the debate over whether or not to make same sex marriages legally binding remains one of the most controversial political debates of this century."
