Abstract A discussion on the history of prayer in American schools. This paper presents arguments for and against the issue and also examines legal implications of these arguments. Current legal battles are discussed and legislative conclusions are presented. This paper also addresses the issue of church vs. state in America as a whole and schools in particular.
From the Paper "Prayer in schools is one of the most debated topics in U.S. history. Debate didn?t begin in the 1960s as some people believe. Debate began more than 100 years ago when Italian and Irish Catholic immigrants were forced to read the King James Bible and pray in schools. At that time, during the 1830s, the first prayer in school conflicts erupted. Riots, fires at convents and school expulsions were commonplace in the name of the school prayer debate. In 1962, as the United States became a more diverse nation, the court ruled against school prayer in the case of Engel v. Vitale (Grunberg and Crane: This History par 1)."
Abstract In this study on gun control, particularly in the United States, the writer explores both sides of the issue from a political as well as a moral standpoint. The writer works to present fair presentation for both sides and then draws it all together in the conclusion.
From the Paper "As the world moves into the future it takes with it lessons of the past. Gun control is an issue that is not black and white. Those who oppose it do so for many reasons and those who support it claim to do so for the same. Gun control is not a one shot deal either. If gun control is enacted there are many options with which the bill can be written into law and fine-tuned for the individual needs or desires of that state. There will probably come a time in which the United States Supreme Court will have to decide what the constitutional authors meant when they penned the second amendment. Until then it is a stand still with both sides taking aim at the other."
Tags: National, Center, for, Health, Statistics, FBI, Center, to, Prevent, Handgun, Violence, National, Rifle, Association, NRA, Second, Amendment
Abstract This paper discusses some of the many issues that have been raised in the debate between the protection of civil liberties and national security that has arisen since the September 11, 2001 terrorist attacks in the United States. The paper looks at how and why the framers of the U.S. Constitution made the protection of civil liberties such an important part of the moral fabric of the country and how this may have in some way contributed to the difficulties in preventing such a devastating attack. The question of what needs to be done in order to prevent this from happening again, including discussion that may require changes in this basic tenet in American society, is also discussed. The author looks at some proposals for increased national security including profiling, that may, because of the nature of the Constitution, become impossible to enact. The paper also discusses why these changes must become necessary in order to protect the population against forces in society that were not in existence at the time the framers wrote the Constitution.
From the Paper "With the attacks of the World Trade Center the society saw the government investigators beginning to randomly eavesdrop on phone calls. They began to read mails that had before remained confidential; suspects were rounded up in thousands and detained without warrants and without any charges being made against them. New rules have since been established that claim that the administration has the right to monitor the communication that is considered with "reasonable suspicion". Racial profiling is being done as the FBI questions foreign nations within US soil on different visa statuses. Lists are drawn up and any person with even a remote link to the nations of the terrorist network al-Qaida is being rounded up. Justice officials say the men, all age 18 to 33 and with nonimmigrant visas, are not suspects but are wanted for voluntary interviews."
Abstract The paper introduces drug testing in the workplace as a controversial issue. There are those who hold the position that it is an invasion of privacy. On the hand there are those who believe that in today's society drug testing is a necessary evil, regardless of the invasion of privacy issue. The paper shows that the goals of employee drug testing include improvements in workplace safety, productivity and product integrity, however, as a decline in the use of drug testing by companies would suggest, drug testing programs did not meet these goals. This research supports the theory that drug testing in the work place does not improve productivity, and that it costs more money than it saves for companies. The author makes use of illustrations and graphs to support his argument.
Table of Contents
The Reliability Issue
Trends in Drug Testing
Does Drug Testing Improve Productivity?
The Costs of Drug Testing
Conclusion and Recommendations
From the Paper "Advocates of drug testing in the work place would have us believe that the benefits far outweigh the costs. They paint a picture that would lead us to believe that America is a country made of substance abusers, who regularly endanger innocent citizens through their impairment caused by substance abuse. It has achieved this through sensationalizing a few accidents that could have been caused due to operator substance abuse. However, the facts do not support this picture, as illustrated by the low number of positive results obtained. Drug testing costs approximately $2000 per employee tested."
Analysis of 1968 landmark case that set a new standard for police conduct. Discusses probable cause that is rooted in the 4th Amendment. Also discusses aftermath of decision.
1,800 words (approx. 7.2 pages), 0 sources, 2001, $ 63.95
From the Paper "In 1968, the U.S. Supreme Court announced a new standard for police conduct in the landmark case of Terry v. Ohio. Chief Justice Warren, writing for the majority, held that police did not need "probable cause" to stop and frisk a citizen on the street. Instead, the Court imposed a lesser standard, called ?reasonable suspicion.? The Supreme Court has revisited this issue many times in the intervening three decades. This paper will examine those cases, and the extent to which the justices followed Terry in writing subsequent "stop and frisk" opinions.
The Terry decision created an exception to the law of arrest, which is rooted in the Fourth Amendment to the U.S. Constitution. The Fourth Amendment requires probable cause for a lawful arrest. If a court determines that the police lacked probable cause, the remedy is to invalidate the arrest and..."
Abstract This paper reviews the recent events in corporate America which have created a hype about fraudulent activities in businesses. The paper offers recent examples of such activity including the Enron scandal, America's biggest corporate collapse. The paper includes a background on the developments in legislature and politics put in place to curb the rising levels of unethical practice. The writer concludes that while to date, unethical business has been passed over, today there are means in place for ensuring businesses are accountable to the American public.
From the Paper "The boom of the 90's has changed the business environment in ways that will require a reshaping of corporate leadership. Financial scandals and out-of-hand executive compensation demonstrate not only a lapse of ethics and unprecedented greed, but also a disdain for the rule of law. Thus, the most pressing leadership issue for today is how to ensure that corporate officers behave in an ethical manner. The Sarbanes-Oxley Act is a legislative effort designed to promote ethics by holding executives accountable for financial reports."
Abstract By explaining the role of law and detailing its functions, this paper attempts to enhance our understanding of why laws persist and why they are often difficult to change.
From the Paper "There are several functions of law, but only one role. The role of law in society (and likewise in business) is to be the keeper of order and set rules that all individuals are expected to follow, so that there can not only be a consensus on what is right and wrong, but also so there can be a decision on when to punish someone and how to determine whether they have broken the law (Strike, 1999). This is also important in determining what the punishment should be for specific crimes. Essentially, law is the gatekeeper between right and wrong, and those who are charged to uphold it must take their jobs seriously, less they become corrupted by power and find ways to break the law themselves."
Abstract This paper explains that the Sarbanes-Oxley Act came about because of the bankruptcies of Enron, Global Crossing, Adelphia, and WorldCom. These companies had hidden their true financial health from creditors and shareholders until an inability to meet financial commitments forced them to restate earnings that revealed massive losses. The author points out that a disadvantage of this Act is that the corporate sector in the United States is already sufficiently regulated, making it one of most tightly controlled in the world. The paper relates that the Sarbanes-Oxley Act restores the all-important role of the auditors as corporate "watchdogs", which is desirable for ensuring compliance with the prescribed accounting standards, and expands the role of the audit committee by making it responsible for appointing and overseeing the performance of the internal auditors.
Table of Contents
Introduction
Background
Accounting Problems that Led to Sarbanes-Oxley
Advantages of the Act
Disadvantages of the Act
Effect of the Act on the Future of Accounting Profession
Opinion
From the Paper "One of the provisions of Sarbanes-Oxley makes the chief executive officers (CEOs) and chief financial officers (CFOs) personally responsible for signing false accounts and financial statements. They can now get stiff jail terms for violating the law by signing false and misleading financial statements. Before Sarbanes-Oxley many CEOs and CFOs pleaded innocence when financial irregularities were revealed by claiming that they were unaware of the "cooking" of the books by their subordinates."
Abstract This paper looks at the distinction between natural crimes, also known as mala per se crimes, and legal crimes, also known as mala prohibita crimes. It looks at the FBI crime index and assesses whether these crimes are mala per se or mala prohibita.
From the Paper T"here are two major types of crimes natural crimes and legal crimes which are now referred to as mala per se crimes and mala prohibita crimes respectively. Crime A crime is defined by law as an act ..."
Abstract This paper addresses the question of whether the legal profession is justified in holding UK organisations liable for employees abuse of electronic mail systems in the workplace.
From the Paper "Should an employer be deemed liable for e-mail messages written by one employee, and sent to another employee, without the employers knowledge or consent, this has begun to happen over the past few years. Employers are finding themselves facing spiralling legal costs when employees sue for sexual or racial harassment. UK governments have been reluctant to lay down laws with respect to electronic communications and employees rights in the workplace, inevitably this has led to an increase in cases brought against employers. Organisations are beginning to fight back, with covert monitoring of personal e-mail sent by employees. Recent legal cases are reported and particular attention is paid to both employees and employers perspectives, with consideration to relevant statute."
Abstract This paper is about religion in public schools. It looks at this issue in relation to the regulations of the First Amendment. A case is given where a child was not allowed to read a bible story in class for fear it may influence other children. The paper questions how far schools should go in enforcing the First Amendment.
From the Paper "The debate about the expression of religion in our nation's public schools is a very prevalent issue. There have been numerous lawsuits against public schools, and the debate about including religion in the curriculum of state-run schools is a central issue in Congress, the Supreme Court and even the Presidential Election. The first amendment guarantees the right to freedom of expression, and expressing one's own religion is key to the meaning of the first amendment. The first amendment guarantees that someone can freely practice their religion, but a conflict arises between the doctrines of the separation church and state and this freedom to express religion. Many questions arise when examining the middle ground between these two points. The consideration of allowing prayer in public schools is one of the most obvious places where this debate is currently an important issue."
Tags: censorship, clause, establishment, religious
Abstract This essay discusses the history of expansion of the power of the European Court of Justice (ECJ) jurisprudence over the legislation of European Union member states, and examines several explanations for this expansion. The author then considers how this application of ECJ law impresses on the integration of the acquis communitaire into the administration of both the existing member states and the accession states. The paper concludes with a brief discussion of the implications that the expanded role of the European Court of Justice may hold for the future of the European Union.
Introduction
Expanding Role of the European Court of Justice
Role of the ECJ in the Integration of EU Policy
into "Sovereign" States & Implications for the Future of
the European Union
Conclusion
From the Paper "Since the 1950's the European Court of Justice's role in European society has grown dramatically. This growth has perhaps been unnoticed by politicians in the various member states of the European Union. Additionally, most political scientists have largely ignored the European Court of Justice.[1] The expansion of the ECJ has reached a point where ECJ jurisprudence is being used by national courts to overrule some laws promulgated by national legislatures![2] Given that no existing treaty within the EU provides this sort of autonomy or authority to the ECJ [3], one would not be silly to question how such a situation has come about."
Tags: community, court, european, union, enlarge, effect, law
An argumentative paper about drug sentencing. A paper that argues why mandatory minimum drug sentencing does not work as a tactic in the so-called "war on drugs," with quotes, facts, and stories of the convicted.
890 words (approx. 3.6 pages), 2 sources, 2001, $ 31.95
Abstract A paper that argues why mandatory minimum drug sentencing does not work as a tactic in the so-called "war on drugs," with quotes, facts, and stories of the convicted.
From the Paper "Our judicial system is set up so that one is innocent until proven guilty, and so that the punishment fits the crime. This is part of why many view America as the greatest democracy on earth: our laws and punishments, in comparison to some other countries, seem fair and humane. One would think, then, that a convicted rapist or murderer would spend more time in prison than a first-time drug offender charged with dealing a small amount of marijuana, for example. Naturally, right? Not so fast--today's "mandatory minimum" laws, designed to be harsh on all drug offenders, are putting people behind bars for a long time. Spawned by the United States? ?War on Drugs,? these laws leave judges with little choice when sentencing drug offenders, with mandatory minimum sentences for all drug offenders. These laws target everyone from small-scale pot dealers whose clientele consists only of a few friends, to large-scale heroin gangsters. These laws intend to scare drug offenders with a "no tolerance" policy, which, in theory, is a good idea. However, many are asking the question: is this really the most just and effective way of eradicating our country's drug problem?"
Abstract This paper examines the freedom of speech protection right as stated in the First Amendment to the United States. The writer provides an overview of the major exceptions to the First Amendment as ruled by the Supreme Court in issues such as banning tobacco advertisement and ruling against free political speech.
From the Paper "In the beginning of our nation's history, there was just a constitution. This document did no more than lay out the basic format that our government should take: it would be divided into three branches, it would be elected in such and such a way, and conduct its business in this fashion or that. The entire arrangement of the government, with its division of power, and its limited control over the states, was arranged so that it could not abridge the rights of its citizens. However, our founding fathers quickly realized that there was a problem with this arrangement. While it was true that the three branches would be accountable for one another, but what would happen if all three decided to pass into law violations of the citizen's rights? At that point, they put into the constitution a number of amendments carefully crafted to forbid the government from violating the basic rights of its citizens. Among the very first of these inalienable rights to be recognized to the Constitution was the right to freedom of speech. The first amendment reads: ?Congress shall make no law...abridging the freedom of speech, or of the press...? However, this right has been consistently violated and sidestepped throughout American history. Most recently, the first Amendment has been violated by bans on Tobacco Advertising. Regardless of what one feels about smoking habits or the legal use of mind-altering substances, there are many reasons how and why these bans violate first Amendment rights."
Abstract This is a persuasive research paper that suggests that juveniles should not be tried as adults. The author argues that adult sentencing for juveniles will fail to minimize the increasing number of juvenile criminals and may even inhibit rehabilitation. The author stresses the importance of dealing with these criminals according to their age and to approach the issues that cause them to become involved in crime instead of simply punishing them.
From the Paper "As more and more adolescents are committing heinous crimes that were in the past restricted to adults, the society is demanding that these criminals be put behind bars and tried as adults---not as juveniles as they were in the past. The argument is, if the adolescents commit adult crimes then they must be prepared to be punished like adults as well. This is raising cause for a debate that is not as simple as it seems. In 1996, for every 100,000 teenagers, 465 were arrested for violent crime, compared with 318 arrests per 100,000 adults. And the Justice Department reports that if current trends continue, the number of juveniles arrested for violent crimes will more than double by the year 2010. But the question is whether the threat of adult courts and adult jails will deter the would-be youth criminal. (Rambler, 1997)."
