Abstract Examines government actions regarding Microsoft. Anti-competitive investigations of the company in 1990 by the Federal Trade Commission (FTC) regarding Microsoft as a monopoly. U.S. Department of Justice 1993 investigation of Microsoft's marketing practices. Political ties of Netscape. The 1998 anti-trust charges filed by the U.S. Department of Justice and by 20 State attorneys. Microsoft's competitors. Future of Microsoft.
From the Paper "Political Aspects of the Microsoft Antitrust Case
Introduction
This research examines the Microsoft antitrust case with an emphasis placed on the political aspects of the case. The current Microsoft antitrust case is not the first antitrust case involving Microsoft, nor was the earlier antitrust case the first anti-competitive investigation of the company.
This examination begins with a consideration of the earlier governmental actions involving Microsoft and proceeds to a consideration of the present antitrust case against the company. The final section of the examination considers the future prospects for Microsoft.
The Earlier Microsoft Antitrust Case
The earliest anti-competitive investigation of Microsoft by the ..."
Abstract Compares the tax & legal advantages of three forms of organization for business companies. LLC (limited legal liability), LLP (limited liability partnership, & traditional S corporations. Examines changes in business law. Partnership laws. Small business. Bibliography includes laws, codes, regulations, statutes. Business law & law review articles.
From the Paper "Corporate Liability
Introduction
Traditionally, businesses, other than sole proprietorships, considered three forms of organization: C corporation, S corporation and partnership.. However, during the 1970s, a form of organization known as a limited liability company (LLC) became available. Now, even more recently, the limited liability partnership (LLP) is also available. Generally, limited liability business structures allow two benefits: limited legal liability and passthrough tax treatment.. This paper will consider the tax and legal advantages of the LLC and the LLP versus the more traditional S corporation.
Limited Liability Corporations
Beginning with Wyoming in 1977 and ending with the Hawaii legislature in 1996..."
Abstract Examines benefits to employers and privacy issues of employees. Current state of the law (federal & state). Political and moral issues. Differing views of labor and business groups. Cites legal cases & decisions. Difference between a supervisor watching & employee video cameras. Employee rights advocates.
From the Paper "Should an employer be allowed to conduct video surveillance of its employees in the workplace? No, say employees, who feel that such surveillance violates their right to privacy. Yes, say employers, who argue that employees have no right to privacy in the employer's workplace, and the employer's need to prevent misconduct and maximize productivity outweigh the privacy interests of employees. This paper will examine this question, focusing on the current state of the law (both federal and state) and the continuing political and moral debate among labor and business groups.
Employers utilize video surveillance for a variety of reasons. Situations that require scrutiny include suspicion of drug use, conducting personal business on company time, revealing trade secrets, surfing the Internet, and harassment issues..."
Abstract Examines concerns over computer invasion of privacy. Electronic data-processing equipment. Pravacy problems involved in government, corporations & financial institutions gathering private electronic information. Growth of database information & ways in which private data is used by organizations. Concerns of public. Selling software programs & information.
From the Paper "Corporations have long used what we might call private data for a competitive advantage. What has changed recently is that with the increasing use of the computer, companies can access even more such data than ever before and perhaps make better use of it. Every company develops its own database of private information based simply on its own clientele, with information such as income levels, residency patterns, spending habits, and so on. Today, computer services gather and collate the same type of information on a much broader scale, making use of data gathered by everything from credit card use to swiping a supermarket club card at the checkout counter. Financial institutions possess a mass of private data by which they can make decisions and target consumers on such things as loans, sales of financial instruments, and similar issues."
Abstract Examines these courts as effective managers of drug related punishment. Contends that drug courts are the most effective method of punishment for drug offenders. Origins of drug courts in Florida in 1989. Conceptual and clinical elements that make drug courts successful. Addiction. Historical problems with criminal justice mandated treatment.
From the Paper "DRUG COURT AS EFFECTIVE MANAGERS OF DRUG-RELATED PUNISHMENT
The prototype for drug courts was developed in Dade County, Florida, in 1989. The drug court is a unique effort that uses the occasion of a drug-offence arrest as an intervention opportunity for drug offenders. Despite historical problems in criminal justice diversion and referral programs, the Dade County success rates have shown that these problems can be overcome through unique collaborative relationships, innovative treatment design, and the elimination of conventional gaps in the referral- treatment-monitoring ..."
Abstract Discusses the development of international law and organizations. Principles for international resolution of conflicts. Development of treaty agreements. Compares and contrasts the structures, powers, and effects of three international legal bodies: Permanent Court of Arbitration at the Hague, League of Nations Permanent Court of International Justice, United Nations International Court of Justice.
From the Paper "International Law and International Organizations
Introduction
Huig de Groot, known as Hugo Grotius, was the author of one of the first and a still influential text on international law, war and justice - a text titled De Jure Belliac Pacis, or The Rights of War and Peace. Published in 1625, this treatise was based in large measure on principles derived from the Law of Nature and the Law of Nations. Grotius held that a civil right derives from the laws of a sovereign state, "But the law of nations is a more extensive right, deriving its authority from the consent of all, or at least of many nations (BECK Index, 2001, p.2)." Grotius established several principles for international resolution of conflicts, most of which in his era centered upon military interaction between one state and ..."
This paper proposes that the system used in the United States to tax business income no longer meets the needs of the American economy, as it discourages investment and encourages inefficiency.
Abstract The writer traces the defects of the current corporate tax system, outlining areas in which the system of taxation fails both businesses and individuals. The paper finally proposes a system of integration that would allow the system to run more efficiently.
From the Paper "Through the 1960s, 1970s and 1980s, the corporate tax was amended repeatedly to reflect national economic sentiment of the time, to stimulate productivity and growth or advance social purposes, or provide broad economic development. President Kennedy's Tax Act of 1962 and President Regan's Economic Recovery Tax Act of 1981 can be seen as growth-oriented, while the Tax Reform Acts of 1976 and 1986 were "fairness"-oriented. The Bush Administration attempted to convince Congress to substantially lower capital gains rate to stimulate investment. (Hufbauer and van Rooij, 1994)."
Abstract This paper outlines the history of Canadian narcotics legislation as it pertains to marijuana. It then outlines arguments both for and against legalization or decriminalization while assessing the harm or good that this could cause.
Introduction
Marijuana ? A Brief History
The Plant in Canada
Drug Laws
An Examination of Proposed Changes to Canadian Marijuana Laws
Pros And Cons
Decriminalization
Legalization
Maintaining the Status Quo
Legalization or Decriminalization? Personal Reflections
Conclusion
References
From the Paper "There has been much talk and speculation as of late that Canada is ready to change its marijuana policy. Following the lead of such countries as Spain and England, it appears that Canada has been seriously considering either decriminalizing or legalizing marijuana possession. There are many arguments against and for such a move. Many against a change to marijuana policy feel that undertaking such a step would lead to increased usage, especially among young people. Those in favor feel that changing marijuana policy is a timely idea that will actually lead to decreased usage: marijuana could be treated as a public health issue as opposed to a criminal act, thereby allowing the government to set up health education programs in an attempt to deter its use. This approach has worked for tobacco and alcohol. This paper is going to look at the pros and the cons of a change in Canadian law in terms of its effect on organized crime. The nature and structure of the Canadian marijuana trade will be examined in order to see what benefits, if any a decriminalization or legalization move would provide. Before this can be done, the current drug law must be examined as it pertains to marijuana."
Abstract This paper provides a biography of Supreme Court Justice Sandra O'Connor's life before she came to the bench, the politics surrounding her nomination and an analysis of her votes while on the bench so that future votes can be predicted. The paper shows that as the first woman justice, her background and nomination are extremely important. The paper includes a photograph of Sandra Day O'Connor.
From the Paper "During his 1980 presidential campaign, President Ronald Reagan promised to appoint the first woman to the Supreme Court (Abraham 1992). Reagan, weary of duplicating a mistake he made while governor of California in appointing a judge that continuously voted liberally once confirmed, did an extensive background search before appointing O"Connor (Abraham 1992). This included extensive interviews with O"Connor as well as those who knew her well personally and professionally (Abraham 1992). Receiving a favorable report, the President flew her to Washington where he would personally, and secretly, interview her (Abraham 1992). Gaining the support of Stanford alumni, Senator Barry Goldwater, and those that had worked with her in the Arizona legislature, the President almost had no choice other than to nominate her (Abraham 1992). Congressman Morris K. Udall, a Democrat from Arizona, commented that she would have Democrats support because "she's about as moderate a Republican you"ll ever find being appointed by Reagan? (Abraham 1992). On July 7, 1981, President Reagan made the announcement that he would Sandra Day O?Connor to the Supreme Court."
Abstract On March 1, 1932, Charles Lindbergh, Jr., baby of the famous aviator Charles Lindbergh was kidnapped. The paper examines whether Bruno Richard Hauptmann did actually kidnap the Lindbergh baby and, if not, who did? The paper discusses some reasons why he might not have kidnapped him. These include the lack of sufficient evidence to prove him guilty and the anti-German sentiments during this time in history.
From the Paper ?The nation, along with the world, was shocked and deeply saddened to hear this news. Many wondered why someone would take the Lindbergh's baby and wanted to find the kidnapper and see him put to justice. On September 19, 1934, Bruno Richard Hauptmann was arrested after supposedly using part of the ransom money to make a purchase at a gas station. After six weeks in trial for what was later known as ?The Crime of the Century,? on February 14, 1935, Hauptmann was found guilty and sentenced to death (Linder, "The Hauptmann"?). Today, many people believe, as did many at the time of his execution, that he was innocent. Hauptmann was offered life imprisonment if he would confess to the crime, but he claimed he was innocent, even until he was executed ("The Lindbergh"Intrigue?). Some people say only an innocent man would not confess to save his life ("The Lindbergh Case"Intrigue?). Careless police work carried out on the scene of the crime caused the loss of what could have been significant evidence. Because of the loss of this evidence there is no way to lawfully sentence a suspect without having some feeling of xenophobia in the court. Therefore, Hauptmann was found guilty more because of anti-German sentiments in the interwar period than for legitimate standard of proof even when circumstantial evidence abounded in the court's decision."
Abstract The paper raises the issues of sexual harassment and sexual discrimination in the workplace, showing how the issue was brought to light with the Clarence Thomas confirmation hearings in 1991 and with the accusations of sexual harassment leveled against him by Anita Hill. The writer brings examples of cases in which employees have claimed either harassment or discrimination from higher ranking employees.
From the Paper "The issue has evolved in the lower courts based on Title VII of the Civil Rights Act of 1964, which prohibits sexual discrimination in the work place. Sex discrimination was not included in the original draft of this legislation but was added at the last minute as an attempt to prevent passage of the Act. As a result, the true intent of Congress in the matter is not known. The first case litigated under this statute was Barnes v. Train some ten years after passage, and the District Court of the District of Columbia rejected the suit as not being the type purposed by the Act. The next case was a year later in Corne v. Bausch & Lomb, Inc. in which two female employees claimed constructive discharge as a result of physical and verbal sexual advances, and the Arizona Federal District Court rejected the suit as not being what was intended by the Act."
Abstract This paper begins by describing Dred Scott's quest for freedom and the potential impact of the case rulings. The paper shows why Scott believed he should be free and this belief eventually led to a lawsuit against Scott's new owner, John F.A. Sanford. The case was finally brought up in the Supreme Court. The paper shows how the decision of Chief Justice Taney determined the case's outcome - and the fate of the United States.
From the Paper "Dred Scott was a Virginian slave born at the turn of the 19th century, who felt that he had a right to freedom for having lived in free territories for an extended period of time. He, in the debate about whether or not he deserved his freedom, would be the cause of many troubles before the Civil War in the United States. His case and press for liberty were extremely complex, and the Supreme Court's response was rather typical of its era. Nevertheless, the decision was immensely important as it sealed the fate of the Civil War, angering northerners and pleasing southerners, and consequently further dividing the country. In this case Chief Justice Roger Taney delivered several rulings made on what were considered to be facts regarding equality."
Abstract This paper examines how in the matter of Christine Busalacchi, nurses and nursing organizations in Missouri and Arkansas asked for permission from the Missouri Supreme Court to submit an amicus curiae (friend of the court) brief. Busalacchi suffered serious injuries in an automobile accident that left her in a persistent vegetative state (PVS) and dependent on a feeding tube for nutrition. It looks at how they wanted to fight the decision of her father (Guardian) to have the feeding tube removed, which would result in Busalacchi's death. The nurses, some of whom were providing care to Busalacchi, objected to the father's request to stop providing food and water. It explicates the nurses? reasoning and the decision that the author would have reached if he had been a justice on the Missouri Supreme Court.
From the Paper "The nurses highlighted the distinction between terminal patients and "non-dying patients" (NDP). Withdrawing treatment from a terminally ill patient simply hastens death, and such an action is not at all controversial. Indeed, withdrawing treatment from terminally ill patients does not require court approval. But Busalacchi is not dying, and the nurses are not providing any life-saving treatment that could be withdrawn to hasten her death. The food and water that Busalacchi receives do not delay her death, but rather sustain her life."
Tags: amicus, curiae, persistent, vegetative, state
Abstract This paper analyzes the issues concerning mandatory minimum sentencing, created by politicians convinced that crime was out of control. It looks at how the public wanted something done and that one aspect of the problem was that judges were exercising too much discretion and not sending enough people to prison for a long enough period of time. It discusses how mandatory minimum sentencing began as a tool in the drug war in 1986 when House Speaker Thomas P. "Tip" O'Neill Jr. ordered his Democratic committee chairmen to produce a crime bill that toughened penalties on drug dealers.
From the Paper "There is considerable public support for the idea that criminals need to be given harsher punishment and almost none for the idea that some other means should be taken to reduce crime. Those concerned about crime can point to a number of statistical studies to show that crime is increasing and is not being punished at the level the public would prefer. A National Punishment Survey conducted by the Population and Society Research Center at Bowling Green State University in 1987 showed that the public recommends prison sentences for a variety of violent and other serious crimes that would be approximately three times longer than offenders actually serve."
Abstract This paper shows how both the United States and Singapore derived their criminal justice system from the British system, though the U.S. system has diverged considerably while the system in Singapore remains deeply rooted in the British forms. The writer explains however that today, the immediate source for the criminal justice system in each country differs in that American law is constitutional, while criminal law in Singapore is entirely statutory and based on an adopted Criminal Code. It looks at how common law is a feature of both systems, standing as the accepted customs of many legal systems.
From the Paper "American citizens derive their rights from the Constitution and particularly from the Bill of Rights. These ten articles were influenced largely by George Mason, Thomas Jefferson, and James Madison, with much of the final language based on Mason's "Declaration of Rights" for Virginia's Constitution of 1776. There were originally twelve, but two were eliminated as the final ten were adopted in 1791 (Hall, 1992, 70-71). Article VIII states: "Excessive bail shall not lie required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." These simple words have engendered reams of interpretation, for the Constitution does not say what constitutes either cruel or unusual punishment or how to make such a determination. Other provisions have similarly been argued throughout our history, and judicial determinations up to and including the supreme Court form a body of case law on which the police, prosecutors, and courts rely."
