A discussion of the purpose, opposition and benefits of the Satellite Home Viewer Extension and Reauthorization Act of 2004.
Term Paper # 119164 |
2,721 words (
approx. 10.9 pages ) |
14 sources |
MLA | 2010
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Abstract
This paper examines the Satellite Home Viewer Extension and Reauthorization Act of 2004. It discusses the history and purpose of the Act and looks at what has happened since the original passage of the Act. The paper also discusses opposition to the Act and how subscribers to satellite or cable TV will benefit from this Act and its amendments.
From the Paper
" Clearly the idea of availability has been applauded by local stations. In some cases (as in the Columbia MD example) local stations in either Washington or Baltimore were left out in the cold, because the satellite customer had to choose one or the other. In some areas, to receive local programs on the satellite dish a separate dish had been necessary. All this is now much easier. We have move into one-dish territory and the viewer now has choices of local stations' programming. At the same time, the future of the satellite industry, given the conditions of this Act would seem to indicate that they will be providing an all high definition (HD) programming choice long before the "regular" networks and cable are required to switch to HD, sometime in 2009."
Tags:TV, amendment, broadcast, signal
An analysis of the protections offered by the Fourth Amendment of the US Constitution concerning the search and seizure of homeless people's effects.
Analytical Essay # 128972 |
1,513 words (
approx. 6.1 pages ) |
3 sources |
MLA | 2010
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$ 29.95
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Abstract
The paper explains that the Fourth Amendment provides Americans with a freedom from unreasonable search and seizure. The paper explores whether the effects of the homeless can be subject to search and seizure on probable cause alone, or whether the storage place of these items constitute the inviolable home of the homeless individual. The paper looks at landmark cases and shows how much of the argument surrounding this issue revolves around the definition of "home" as well as what would constitute the "interior" and "exterior" of that home. The paper explains that the question with the homeless person is whether his or her goods are made available for inspection and whether he is doing everything he can to ensure the privacy of the object. The paper comes to the conclusion that a homeless person's effects are protected from unlawful search and seizure.
From the Paper
"The Fourth Amendment to the United States Constitution gives to American a freedom from unreasonable search and seizure. Over the years, this has been interpreted to include various rights to privacy. In particular, in the case of Katz v. U.S., the Supreme Court viewed the Fourth Amendment as creating a right to an "expectation of privacy." Individuals, as well as places, were secure from eavesdropping, as long as the individuals concerned might reasonably expected their conversations or activities to be free from government recording. In Katz v. U.S. a man was illegally wiretapped while speaking on the phone in a public telephone booth. The listening device had been placed on the exterior of the booth and so constituted an unreasonable breach of his expectation to privacy. Writing the majority opinion, Justice Harlan noted a distinction between the public and private spheres - "a man's home is, for most purposes, a place where he expects privacy, but objects, activities, or statements that he exposes to the 'plain view' of outsiders are not 'protected' because no intention to keep them to himself has been exhibited. On the other hand, conversations in the open would not be protected from being overheard, for the expectation of privacy under the circumstances would be unreasonable.""
Tags:policing, interior, exterior, home, warrant
A critical analysis of the case of Daniel Lee Kyllo in relation to the Fourth Amendment.
Persuasive Essay # 111311 |
1,414 words (
approx. 5.7 pages ) |
4 sources |
MLA | 2009
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$ 28.95
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The paper asserts that the privacy guaranteed by the Fourth Amendment was violated in the "Kyllo v. United States" case due to the use of modern technology and its capabilities to search a home without direct entry. The paper discusses how new advances in technology have made interpretation of the Fourth Amendment and its principles difficult in recent years. The paper contends that because of the sophisticated methods of surveillance that exist, the protection of our private houses is of paramount importance.
From the Paper
""Our home is the basic refuge for all citizens. It's where we have our greatest expectations of privacy, where we are free to let down our guard, and where we should have our greatest feeling that we are free from government spying," (Lerner, 2001) Defense attorney Kenneth Lerner was right in his assumptions that the home is the essential foundation of privacy within the average American life today. However, in the case of his defendant, Daniel Lee Kyllo, this privacy was violated due the use of modern technology and its capabilities to search a home without direct entry. This violation resulted in the arrest of the defendant Lee, leaving many to question these technological tactics on the basis of the protection provided within the Fourth Amendment. Despite the Supreme Court's decision against Lee, the use of new technological devices as seen in this case abuses the older language and standards of the Fourth Amendment, which was written at a time the founding fathers could have never even imagined heat seeking technology."
Tags:technology, surveillance, privacy
Examines theories and the debate over the effects of televised violence, the ratings system, impact on children, First Amendment and possible solutions.
Essay # 14967 |
1,800 words (
approx. 7.2 pages ) |
4 sources |
1999
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Arguments over the effects of the movies and television have been around as long as these two modes of expression. Because they are visual, they are treated somewhat differently than the written word. Because television comes into the home, it is treated somewhat differently from any other medium, including radio which, while it comes into the home, does not bring pictures with it.
From the Paper
"Arguments over the effects of the movies and television have been around as long as these two modes of expression. Because they are visual, they are treated somewhat differently than the written word. Because television comes into the home, it is treated somewhat differently from any other medium, including radio which, while it comes into the home, does not bring pictures with it. Television knows the power of the image, and critics of television are aware that the image can be a negative force as well as a positive one. Precisely how to gauge this and to ascertain when the image is too negative is at the center of the issue at hand. The issue of violence on television has been raised in the past and is once more being given considerable attention in the media, by congress, and in the public at large. At the same time, the scope of complaint this time is directed ..."
Argues that America's new laws to counter terrorism are a breach of the Fourth Amendment.
Argumentative Essay # 27821 |
1,223 words (
approx. 4.9 pages ) |
8 sources |
MLA | 2002
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This paper argues that the U.S. Department of Defense and other branches of the federal government capitalized on the fear of another terrorist attack, by erecting a series of security measures since September 11. The most notable of these is the USA PATRIOT Act (HR-3162), passed in October of 2001 which stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism." The paper explains that the USA PATRIOT Act permits wiretapping without judicial orders, deportation of legal residents of the United States based on suspicion, secret searches of citizens' offices and homes and measures. The paper argues that many of the permissible acts included in the USA PATRIOT Act are discriminatory and that there is nothing "patriotic" about violating Fourth Amendment rights or stripping ordinary citizens from their basic civil liberties. The paper shows that these bills and laws offer a lot of power to the FBI, the police and to other governmental bodies. millions of Americans are still willingly surrendering their personal rights and freedoms in favor of a false sense of security. Finally, the paper argues that the aura of paranoia that currently pervades the United States fuels the fascist-like measures supported by Attorney General Ashcroft, measures which have far-reaching implications for American citizens.
From the Paper
"The problem with this approach is that the civil rights of American citizens, legal residents, and visitors is violated. Most Americans would be willing to undergo enhanced security checks at airports. In fact, Gore Vidal, in his article "The New War on Freedom," cites a CNN/Times poll conducted a few days after the terrorist attacks of September 11 which showed that 74% of people believe "it would be necessary for Americans to give up some of their personal freedoms," (Vidal). However, in the wake of the terrorist attacks, the federal government was able to sneak the USA PATRIOT act by Congress and the American people. Without protest, Americans are giving up their power to law enforcement agencies, under the assumption that some loss of freedom is necessary."
Tags:death, penalty, Muslim, Department, of, Justice, INS
An examination of the amendments in the Bill of Rights that are most relevant to the modern administration of criminal justice and national security.
Term Paper # 148864 |
1,615 words (
approx. 6.5 pages ) |
5 sources |
APA | 2011
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$ 31.95
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Abstract
The paper discusses the modern interpretation and application of the First Amendment that is in the realm of the freedom to publish critical opinions of the government without fear of reprisal in the form of arrest or criminal prosecution. The paper then discusses the Fourth Amendment that protects individuals from being searched at the mere whim of law enforcement agents and from having their homes, businesses, and other property searched without a warrant, the Fifth Amendment that provides the right against self-incrimination and the right to the due process of law and the Sixth Amendment entitling all criminal defendants to competent counsel irrespective of the nature of the crimes for which they stand accused. Finally, the paper looks at the Fourteenth Amendment that calls for the ten amendments of the Bill of Rights to be applied to the individual states and also provides the right to equal protection under the laws of both federal and state authority.
Outline:
The First Amendment and the Administration of Justice and Security
The Fourth Amendment and the Administration of Justice and Security
The Fifth Amendment and the Administration of Justice and Security
The Sixth Amendment and the Administration of Justice and Security
The Fourteenth Amendment and the Administration of Justice and Security
From the Paper
"The first quoted portion of the Fifth Amendment requires that persons accused of serious crimes (i.e. felonies punishable by more than one year of incarceration) must first be inducted by a grand jury (Schmalleger, 2008). However, by far the most important of the protections afforded by the Fifth Amendment are the right against self-incrimination and the right to the due process of law throughout the criminal process. Prior to the modern era of American jurisprudence, it was not at all uncommon for police to extract evidence of crimes and/or confessions from persons under arrest through the use of physical force, intimidation, and deprivation of food and water (Conlon, 2004; Dershowitz, 2002).
"That aspect of American criminal law changed dramatically in the 1960s and 1970s as a result of a line of cases that included Miranda v. Arizona that established the so-called "Miranda rights" according to which arrestees are entitled to refuse to answer questions once in police custody and must be advised of those rights, as well as of their Sixth Amendment right to counsel as a condition of the admissibility of any statements or evidence they provide during questioning (Dershowitz, 2002; Schmalleger, 2008; Zalman, 2008).
"The due process rights guaranteed by the Fifth amendment govern the entire process of criminal justice administration from arrest, through arraignment, indictment, appointment of counsel (if necessary), and the pretrial and post-judgement phase (i.e. the appeal) of criminal trials."
Tags:due, process, freedom, warrants, counsel, equal, protection
A strong argument that school-sponsored prayer in a public school is unconstitutional.
Argumentative Essay # 116848 |
1,567 words (
approx. 6.3 pages ) |
4 sources |
MLA | 2009
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$ 30.95
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In this paper, the writer presents an uncompromising stance against religions who are lobbying for a Constitutional Amendment making it permissible to pray in schools. The writer contends that the purpose of school is education, with the home and church set aside for religious education and furthermore, school prayer violates the concept of 'separation of church and state'. The writer therefore argues that public schools must remain neutral on the issue of religion since it is patently illegal and unfair to those parents who want to teach their child a different way.
From the Paper
"Any religious question becomes an issue when one sect feels they are being put upon and the question of praying in schools is no exception. Our founding fathers, in their infinite wisdom, gave us a form of government which guaranteed that the state would stay out of everyone's religion. So the American people are allowed the freedom to express their beliefs in virtually any way they wish, so long as it harms no one and is not government sanctioned. Even the perception of religious interference must be avoided and schools are quasi-government institutions. Therefore, morality and other issues aside, the simple fact is that it is unconstitutional to have school-sponsored prayer in a public school."
Tags:religion, church, state, Constitution
This paper discusses the history of taxation in the U.S. and a proposed national retails sales tax and concludes in favor of these new systems of taxation.
Term Paper # 75727 |
5,590 words (
approx. 22.4 pages ) |
12 sources |
APA | 2006
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$ 81.95
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This paper explains that, as proposed, the national sales tax (also called the Fair Tax) would be a 15 percent sales tax on the final purchase of goods and services at the retail level and would include the abolishment of the Internal Revenue Service. The author points out that some of the arguments for the Fair Tax are that all Americans will take home their entire paycheck resulting in revenue neutrality and that there will be no tax on business inputs. The paper relates that some of the arguments against the Fair Tax are the fear of burdening the poor who spend most of their income on retail in contrast to the wealthy who invest much of the income, and the cost of implementing a system of controls.
Table of Contents:
Objective
Introduction
History of U.S. Taxes and Tax Law
War of 1812 - The First Sales Tax
Civil War Effort - The First Income Tax Law
Congress Rules Income Taxes as Unconstitutional
The Sixteenth Amendment - Income Tax made Permanent
World War One
The Great Depression
World War II - Transformation of the Tax System
1981 - The Largest Tax Cut Ever
Yearly New Tax Acts - 1986 through 1990
Tax Acts of President George Bush
World Trade Organization Rules Corporate Tax Provision Illegal
The National Sales Tax
Three Major Proposals - Alternative Reform Initiatives
Another View of the NST
Gregory (2004) agrees with Crawford (2005) most emphatically
Another Vote for Real Reform
Primary arguments of Fair Tax proponents are as follows:
Primary Arguments of Those Against the Fair Tax
Knowledge to Assist in the Comprehension of the Fair Tax Law
The Views Expressed by 'The Ways and Means Committee - Washington"
Regressive Tax System Characteristics
Discussion
From the Paper
"The proposed 'national sales tax' would be the replacement for the personal income tax, corporate income tax, and estate and gift tax and would have an impact on the U.S. economy, the national standard of living, the cost of compliance and the degree of intrusiveness of the tax system in the lives of U.S. citizens. The NST would stand in the place of all individual and corporate income tax, transfer taxes, as well as most non-trust fund excise taxes with a single 15 percent flat-rate tax on the purchase of final goods and services at the retail level. The rate of 15% would be applicable meaning that an item costing $.85 would cost a total of $1 including tax. he present income tax system in the U.S. has several defects. The National Sales Tax plan is purported to be the answer for correcting those defects."
Tags:consumption, single-rate, regressive, classes, burden
This paper discusses that, throughout the 20th century, wars have had the most influential effect on how Americans define themselves and how they treated others.
Essay # 49347 |
1,790 words (
approx. 7.2 pages ) |
4 sources |
MLA | 2004
$ 34.95
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The paper explains that the most significant social changes that occurred during WWI and WWII affected two major groups: African-Americans and women. The paper points out that the passage of the 19th Amendment giving women the right to vote was a result of women leaving the home during WWI to work and to selling bonds. The paper states that, whereas the U.S. started the century as a neutral nation, today, the Gulf War demonstrates that the U.S. considers itself the police of the world, the savior of human rights, and the ultimate authority in international affairs.
From the Paper
"World War I began in Europe in 1914 as the result of strong nationalism as well as political and economic rivalries. What started as a local conflict between Austria-Hungary and Serbia soon escalated to a full-scale global war. At first, Americans wanted to remain neutral and isolated from European problems. One of the most popular songs at the time, "I Didn't Raise My Boy to Be a Solider," reflected these ideals. During his reelection campaign, President Woodrow Wilson used the slogan "He Kept Us Out of War" to win votes, and it worked. But as the months went by, more and more people began to change their opinions about the war. Reports of German U-Boats attacking American merchant ships enraged the U.S. public. German aggression soon became too much for the United States to stand and war was declared on April 6, 1917."
Tags:japanese, suffarage, force, nationalism, neutral
A paper which discusses the limitation of Judeo-Christian beliefs by liberal interpretations of American constitutional law.
Essay # 7539 |
1,250 words (
approx. 5 pages ) |
5 sources |
APA | 2002
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$ 25.95
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The paper shows that In the interests of preserving the civil rights of all Americans, legislation over the past few decades has mandated a conspicuous absence of Christian or Jewish symbols, prayers or teachings from public places-- the classroom, the sports arena, the courts, public buildings of all sorts. Yet, followers of these faiths make up the majority of Americans. The paper discusses that in the wake of the tragedy of September 11, and the previous shocking incidences of student violence at Columbine and other schools, Americans feel the need for increased, rather than decreased, emphasis on religion in the classroom and everywhere their children go. The author of the paper asks what can be done to protect the rights of these citizens to observe the dictates of their beliefs in their daily walk of life outside of their homes and places of worship.
From the Paper
"What about the right of Judeo-Christians to display their symbols or other aspects of their beliefs in public places? The national motto is "In God We Trust", and all fifty states have a reference to God in their constitutions, the preambles to the constitutions, and/or on their state seals. Presumably this would constitute a precedent for the mention of God in civil settings. The case of County of Allegheny v. ACLU, Greater Pittsburgh Chapter, 492 U.S. 573 (1989), restricted the display of a Nativity scene on public property. By the so-called "plastic reindeer" test, religious displays should not have to incorporate secular symbols in order to be permissible, any more than secular displays should have to add religious symbols."
Tags:Istook, Amendment, Abington, Schemp, Constitutional, Amendment