An analysis of case laws that protect the rights of employers and employees.
Term Paper # 96092 |
1,855 words (
approx. 7.4 pages ) |
5 sources |
MLA | 2007
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$ 35.95
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Abstract
This paper addresses the statutes and case laws that protect the rights of employers and employees. It includes the responsibilities of the employer to ensure equality for people of all races, religions, genders, ages and disabilities. The paper also sites examples of statutes and case laws that examine both employer and employee rights and examines the relationship between the cases and statutes in the employment environment.
Table of Contents:
Abstract
Statute and Case Law Relationship
Racial Discrimination
Religious Discrimination
Gender Discrimination
Disability Discrimination
Conclusion
From the Paper
"Understanding the rights of employers and employees is critical to the success of any organization. Employers have a responsibility to ensure equality for people of all races, religions, genders, ages, and/or disabilities and should not tolerate discrimination in these areas. Examples of statutes and case laws that examine both employer and employee rights are available to examine the relationship between the cases and statutes with the employment environment."
Tags:discrimination, Title, VII, EEOC, disability
Looks at English property case law by analyzing "J. A. Pye v Graham" (2002).
Analytical Essay # 119980 |
2,260 words (
approx. 9 pages ) |
9 sources |
APA | 2010
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$ 41.95
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Abstract
This paper examines the important English property case "J. A. Pye v Graham" (2002) by exploring the legal proceedings to determine if landownership is relative. The paper specifically reviews the history of property ownership law in the Anglo-American legal tradition, the English land registration laws and the details of this case, which was deemed unjust in two of three courts. The paper concludes that the new Land Registration Act 2002 was designed to alleviate future unjust results as those suffered by Mr Pye.
From the Paper
"In brief, Pye was the legal owner of the land and Graham was the unlawful tenant (squatter), or adverse possessor. The parcel of land in question was very valuable agricultural land in the Berkshire area that was prime for growth and expansion then, but now valued in the tens of millions of pounds. As early as 1977 it was believed by commercial developers that the land would definitely have profitable expansion potential but rather than leave the land unoccupied Graham (who owned an adjoining property to Pye) was permitted to reside on it for grazing."
Tags:squatter, adverse possession, license, forceful manner, exclusive physical occupation
A look at the contrasting outlooks of subjectivism v. objectivism in the United Kingdom's case law.
Research Paper # 131534 |
2,500 words (
approx. 10 pages ) |
10 sources |
MLA |
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$ 45.95
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The following paper will explore the debate over subjectivism versus objectivism in matters regarding United Kingdom legal conceptions of criminal culpability. The paper begins first by offering definitions of both objectivism and subjectivism and proceeds from there to look at the extent to which subjectivism can be seen as more exculpatory than objectivism.The paper continues by looking at how objectivism fell into relative eclipse because of one highly controversial case in the early 1980s.
From the Paper
"The following paper will explore the debate over subjectivism v. objectivism in matters regarding United Kingdom legal conceptions of criminal culpability. The paper begins first by offering definitions of both objectivism and subjectivism and proceeds from there to look at the extent to which subjectivism can be seen (at least in some instances) as more exculpatory than objectivism. With that out of the way, the paper then looks at how objectivism fell into relative eclipse courtesy one highly controversial case in the early 1980s and how the Caldwell ruling..."
Tags:british, objectivism, subjectivism
Case Law and Statute Law
A theoretical comparison of these two sources of English law.
Comparison Essay # 64822 |
834 words (
approx. 3.3 pages ) |
2 sources |
MLA | 2005
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$ 17.95
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Abstract
This paper attempts to define the differences between England's common and statute laws. It looks at how the laws are formed as well as their fundamental purpose. It examines how statute is interpreted and acted upon by the courts and how it follows that precedents are formed as new cases arise. It also demonstrates how over time, statute will become part of common law as judges follow previous decisions in new cases where applicable.
From the Paper
"For political bills or proposals to become statute, that is to become Acts of Parliament, they must first be debated in the House of Commons (this is made up of elected representatives of the wider public, Members of Parliament or MPs). However, this is just the start if the process: the proposed legislation must then be accepted by MPs by way of a successful vote and further ratified by acceptance in the House of Lords. The House of Lords is the supreme court in Britain and may refuse to pass the law; but a bill can be forced through using the Parliament Act if such action is deemed necessary for Parliament to fulfil its obligation to make laws in the best interests of the nation. "
Tags:bills, legislation, parliament
This paper is a law study of Title VII.
Analytical Essay # 72314 |
1,130 words (
approx. 4.5 pages ) |
8 sources |
APA | 2004
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$ 23.95
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In this article, the writer examines Title VII of the Civil Rights Act. The writer explains that Title VII prohibits employment discrimination based on race, sex, color, religion and national origin. Further, the writer discusses the relevant aspects of the Act.
From the Paper
"Martin Jenkins in Chain Store Age explains that The Civil Rights Act prohibits discrimination in a broad array of private conduct including public accommodations governmental services and education. Title VII of the Act prohibits employment discrimination based on race sex color religion and national origin. 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. An employer can be found liable for retaliating against an employee who ... "
Tags:case law, law, title VII, case, statue
This extensive research paper analyzes U.K. case law regarding mental health to develop a set of recommendations to be used as a guideline for creating an improved legal system for mental health.
Research Paper # 52157 |
24,780 words (
approx. 99.1 pages ) |
39 sources |
APA | 2004
|
$ 249.95
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Abstract
This paper outlines the history of mental health law in the U.K., identifying a number of key principles of health care economics and ethics, with a focus on the particular incentives and trade-offs that are raised by these principles at three levels of the mental health system: government and society; purchasers and providers; and users and caretakers. The author points out that self-determination theory (SDT) is based on the belief that innate psychological needs for competence, autonomy, and relatedness are important bases for human motivation. The paper suggests that there is a need to move towards a more open, accountable, and evidence-based mental health care system, which would be fully supported by U.K. law.
Table of Contents
Introduction
Statement of the Problem
Literature Review
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Health Care
Four Principles of Health Care Economics
Four Principles of Health Care Ethics
Tensions in Health Care Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present
Purpose of the Study
Research Questions and Hypothesis
Methodology
Results
Discussion, Recommendations and Conclusion
Explicitness
Evaluation
Accountability
Recommendations
Bibliography
From the Paper
"In a perfectly competitive market, the supply and demand for a particular good achieves equilibrium, and no more and no less of the good is produced or consumed than is necessary. In reality, markets are not perfectly competitive, resulting in failures due to unfair competition, uncertainty and externality effects. The market for mental health care is no exception. These failures are so common that some form of government intervention is necessary. The extent of government involvement is influenced by both economic and political considerations and by the existing model of social choice. In the United Kingdom, a careful balance of both individualistic (autonomy and consumer sovereignty) and collective (justice and welfare maximization) principles must be considered."
Tags:market, economics, ethics, self-determination, accountable
In-depth analysis of United Kingdom case law regarding mental health.
Research Paper # 51052 |
24,888 words (
approx. 99.6 pages ) |
39 sources |
APA | 2004
|
$ 249.95
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Abstract
This paper outlines the history of mental health law in the UK, identifying a number of key principles of health care economics and ethics, with a focus on the particular incentives and trade-offs that are raised by these principles at three levels of the mental health system: government and society; purchasers and providers; and users and caretakers. The paper then suggests that there is a need to move towards a more open, accountable, and evidence-based mental health care system, which would be fully supported by UK law.
Table of Contents
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Healthcare
Four Principles of Healthcare Economics
Four Principles of Healthcare Ethics
Tensions in Healthcare Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present
From the Paper
"In the United Kingdom, a debate has surfaced in recent years regarding existing mental health laws . This debate raises important questions about human rights, duty of care, individual responsibility, the nature of mental illness and the purpose of mental health services. The focus of this debate revolves around the libertarian principles of autonomy and self-determination. In basic terms, stakeholders in the debate, including mental health professionals, insurance companies, patients and family members, have varying ideas regarding whether or not we can justify the legalized use of force by mental health services on individuals diagnosed with a mental disorder who have not committed a crime."
History of UK Case Law
Draft Mental Incapacity Bill
The Fundamental Principle Behind Medical Law in the UK
Capacity Law
Problems in Mental Health Systems in the UK
A Right to Health Care: The Libertarian Objection
Whom to Sacrifice
The Struggle Between Ethics and Economics in Mental Healthcare
Four Principles of Healthcare Economics
Four Principles of Healthcare Ethics
Tensions in Healthcare Decision-Making
Government and Society
Purchasers and Providers
Economic Incentives
Ethical Trade-offs
Users and Caretakers
Linking the Past to the Present
Tags:freedom, psychiatric, treatment, torture, cruel, punishment, force, psychiatry, violates, rights, mental, distress, bio-medical
An analysis of patriarchal law and legal methods in Canada.
Argumentative Essay # 135792 |
2,250 words (
approx. 9 pages ) |
0 sources |
MLA |
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$ 41.95
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Abstract
The paper argues that Teressa Anne Nahanee's argument that it is because of the patriarchal nature of the law and legal methods that advocates of gender equality lost in "Attorney General of Canada v. Lavell" is justified. The paper contends that there is substantial evidence in the Indian Act, the Canadian Bill of Rights, and relevant case law that Canada's legal system, civil and criminal laws, and legal methods are patriarchal. The paper discusses how defenders of the patriarchal status quo in Canadian society, law, and politics deny such evidence exists, but argues that this is further confirmation that patriarchal elites tend to be incapable of acknowledging that they are patriarchal elites.
From the Paper
"Teressa Anne Nahanee's argument that it is because of the patriarchal nature of Canadian law and legal methods that advocates for gender equality lost in "Attorney General of Canada v. Lavell" is justified, for there is substantial evidence in the Indian Act, the Canadian Bill of Rights, and relevant case law that Canada's legal system, civil and criminal laws, and legal methods are patriarchal. The defenders of the patriarchal status quo in Canadian society, law, and politics deny such..."
Tags:lavell, case, canada
A discussion on how the law of evidence keeps up with technological changes.
Term Paper # 133635 |
1,000 words (
approx. 4 pages ) |
5 sources |
APA |
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Abstract
The paper discusses how while the law has been established to be a slow and deliberate moving entity, it has still shown both a willingness and ability to keep up with technological changes in the world. The paper relates that the law has done this not only by amendments to the federal rules of evidence but also by the various holdings of the courts as evidenced by the body of case law extant on various technological subjects.
From the Paper
"The law of evidence has kept up with scientific innovations for the last century. Indeed, scientific proof is one of the chief types of evidence in criminal cases and is often considered the foundation of circumstantial evidence cases. In the early 1960's, scientific evidence was relatively unimportant. Prosecutors relied primarily on physical evidence and lay testimony, especially the testimony of eyewitnesses. For their part, defense counsel responded in kind. However, in that same decade, the Warren Court began fashioning the fourth, fifth, and sixth amendment exclusionary rules. Those rules restricted the admissibility of the..."
Tags:law, science, evidence
A discussion of the extent to which federal law makes accommodations for religious groups.
Essay # 70367 |
2,990 words (
approx. 12 pages ) |
9 sources |
APA | 2003
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$ 52.95
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Abstract
This paper discusses how federal law should and does accommodate for religious groups. The paper begins by discussing ways in which the First Amendment of the U.S. Constitution relates to religion. Then the paper examines relevant case law and precedent from the U.S. Supreme Court. The paper also looks at laws passed by Congress that address accommodations for religious beliefs and practices in the workplace.
From the Paper
"The First Amendment to the U.S. Constitution states that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. Under the terms of this Amendment, any law..."
Tags:religion, religious observances, federal law