Abstract This paper addresses the statutes and caselaws 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 caselaws 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 CaseLaw 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."
Abstract This paper studies deportations of immigrants based on crimes of "moral turpitude". The paper analyzes where courts should draw the line on these crimes. The paper begins with an historical overview of the legal precedent for the decisions. Since early in the history of U.S. federal immigration laws, explains the paper, criminal activity has been grounds for denying admission to the country, as well as for expelling or deporting immigrants. In the past decade, however, the number of deportations has dramatically increased, as the category of crimes involving "moral turpitude" has been significantly expanded. This research-based paper cites relevant caselaw in arguing that standards should be made more uniform.
Outline:
Introduction
Legislative History
Deportation Factors and Crimes Involving Moral Turpitude
Drawing the Line in Cases involving Moral Turpitude
Immigration Cases Involving Crimes of Moral Turpitude
Effect of Discrepancies in Cases involving Moral Turpitude or Aggravated Felonies
Conclusion
From the Paper "As a result of the legislation, crimes involving moral turpitude, which rendered an individual deportable, essentially now included every possible offense. Cancellation relief is now wholly unavailable to anyone with an aggravated felony conviction. Asylum and withholding of removal, since 1990, have been likewise barred to aggravated felons. Withholding is now possible for an aggravated felon if the sentence was for less than five years, although immigration judges retain discretion to find that a lesser offense is nonetheless a particularly serious crime barring the criminal from refugee protections. The broadening of the definition of an aggravated felony has raised many questions as to where the line should be drawn involving crimes of moral turpitude. As a result of the broadening, practically any alien who commits a nontrivial crime, is subject to automatic expulsion. This is especially true if the crime fits one of the 21 paragraphs of the new definition of an aggravated felony. This result ensues even if the alien has been a lawful permanent resident since childhood, the crime and punishment took place decades ago, and he otherwise has a completely clean record."
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 CaseLaw 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
This extensive research paper analyzes U.K. caselaw regarding mental health to develop a set of recommendations to be used as a guideline for creating an improved legal system for mental health.
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 CaseLaw 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 healthcare 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."
Abstract 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 ... "
Abstract This paper discusses the concept and definition of tort law. The paper discusses intentional, negligent, strict liability, and product liability in relation to tort law. The paper discusses the purpose of tort law and how judgements are made in regards to these types of laws within the judicial system.
From the Paper "Running Head: Tort Law Tort Case Comparison Criminology: Tort Case Comparison Introduction In tort law, proving cause and effect is the key ingredient to winning a case. The plaintiff is responsible for proving that the defendant caused the damage, the extent of damages incurred, and the degree of liability. Some legal experts argue that tort cases are the most challenging to prove in legal proceedings. Tort law was created in an effort to protect the security, property, reputation, and financial resources of a person(s). Tort law attempts to restore the injured party to the position in which they were in prior to the tort was committed ("Tort Law", 1996, n.p.)."
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 caselaw 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
Through an analysis of three Supreme Court cases in Canada, this paper address legal issues that are termed "grey areas", or areas of law where the solutions are not always legally obvious.
900 words (approx. 3.6 pages), 3 sources, 2006, $ 35.95
Abstract This paper discusses how three Supreme Court cases in Canada address "grey areas" in the law, meaning areas in the law where there is some uncertainty whether the specific language of the law refers to an issue. This is called a grey area because the answer is not readily obvious, not black or white. The paper examines such grey areas by examining a case on abortion, a case on stopping motorists, and a case on commercial speech.
From the Paper "The Canadian Charter of Rights and Freedoms, also known as the Constitution Act, 1982, provides certain protections for Canadian citizens and is used to clarify the law on certain issues. However, there are certain grey areas in the law that have to be decided by the Supreme Court, which may use the Charter of Rights and Freedoms for clarification. A grey area occurs when there is some uncertainty whether the specific language of the law refers to an issue, and this is called a grey area because the answer is not readily obvious, not black or white. Several cases illustrate this process."
Abstract This paper examines the importance of a dual background for the paralegal wishing to enter into the music business. Through an examination of the statutes themselves, caselaw, and specific examples related to the music industry, the paper demonstrates that in order to succeed the paralegal must possess a strong background in the music industry, in addition to a strong legal background.
Outline:
Abstract
Introduction
Literature Review
History of the Copyright Act
Cases That Shaped Copyright Law and InterpretationUnderstanding Common Law Copyright and Statutory Copyright
The Basic Rights of Copyright Ownership
Exceptions and Special Cases Copyright Terms of Protection
Registration Issues
Analysis of the Paralegal's Role
The Anatomy of an Infringement Case The Digital Millennium Copyright Act of 1988
The Paralegal and Infringement
Conclusion
Bibliography
From the Paper "One important concept to realize regarding copyright law is that the "work" or expression of the idea can be protected, but not the idea itself . For instance, if a person develops a certain theory and writes it down in a scholarly paper, the paper itself can be protected, but anyone is allowed to use the idea being promoted. Someone else can describe the theory in his or her own words without violating copyright, as long as proper credit is provided. However, there is disagreement in the courts as to how much of the original work can be included, without violating copyright laws. It is generally agreed that there is a limit as to how much of the content must be original, but courts disagree as to where to draw the line between an original work and plagiarism ."
Abstract This paper describes the legal action brought against the school district by the parents of a young boy who was continuously harassed by special needs children riding the same school bus as the young boy. The paper discusses the major legal issues involved in the case, major caselaw governing the issues, weaknesses in the arguments on both sides of the case and explains how litigation could have been avoided.
Table of Contents
Case Study
Major Legal Issues Involved in the Case Major CaseLaw Governing Issues
Arguing a Position
Articulating the Major Weaknesses in the Position
Describing How the Litigation Could be Avoided or Prevented
From the Paper "The school failed to protect the child from harassment. It was brought to the administration's attention and nothing was done. Once students are on their buses, they might be off of the physical premises but they are still the responsibility of the school. After the bus pulls out of the school parking lot, the bus driver is in command. But, as many educators are well aware, drivers often need the support of school administrators in getting their passengers home safely."
Abstract This paper summarizes and analyzes a case of Tax Law involving the State of New Jersey, Department of Taxation, The State of New Jersey Court and the State of New Jersey Supreme Court verses Allied Signal, Inc., as Successor In Interest to the Bendix Corporation. The paper explains the core issue of the case and the rulings of the State of New Jersey Court and the State of New Jersey Supreme Court. The paper also discusses points of technical interest of the case and opinions of individual Justices of the Court who presided over the case.
From the Paper "The State Court of New Jersey upheld the Director, Division of Taxation in the dispute whereupon it was appealed to the Appellate Court of State of New Jersey. The Appellate Court of New Jersey upheld the ruling of the lower Court whereupon the case was granted appeal to The Supreme Court of the State of New Jersey. The Supreme Court of the State of New Jersey upheld both the Appellate and lower Court whereupon Allied Signal wound the case through the Federal Tax Courts all the way to the Supreme Court of the United States."
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. "
Abstract This paper provides a definition of tort law and then takes a look at a particular legal case which falls under the area of tort law. The paper describes the case and provides reasons why it should be approached under the area of tort law.
From the Paper "As tort law is the practice of law that addresses civil wrongs, wrongs in which a person's bodily security, property, material or economic resources, and well-being of personal reputation, it would seem that this is the area that should address the case being presented. In this case, the Plaintiff, Mr. Caudle, was taking part in festivities during a workplace party. Much tomfoolery and rambunctious behavior abounded, including the foolish tossing about of an electrical device which was known to give electrical shocks to those with whom it came in contact. When Mr. Betts, president of the workplace and Defendant, put said device in contact with Mr. Caudle, the Plaintiff received an injury which has caused many medical maladies, which not only required surgical treatment, but have not yet abated completely. This court will rule on the case based on tort law, looking at how it might fit..."
Abstract This paper examines different types of medical malpractice and questions the fairness of laws surrounding them. It addresses such cases as unnecessary surgery, medication errors, and errors in hospitals. The paper takes a look at the reasons why the US government is so concerned with the lawsuits regarding malpractice and the effects they have on the economy, the medical profession, and the duty of medical malpractice lawyers. The paper discusses conflicting views regarding the victims and the rights they have to receive compensation, versus the abuse of such laws in frivolous law suits. Reform concerns and regulation action are being addressed by the government, however results are slow to come. The paper argues that it is important to try to understand the victims involved, both doctors and patients, and rule on case-by-case basis. It concludes that learning to recognize the fair from the frivolous and continually reviewing ethical standards for medical professionals is one way to fight malicious malpractice myths.
From the Paper "Another area of medical malpractice to consider is that of Medication malpractice. In 2004 Vioxx became the latest drug to be taken of the market due to its side effects. Vioxx has been reported to cause "blood clots, heart attacks, and strokes" (adrugrecall.com). Such lawsuits that are taken on to recover damages suffered by taking prescription drugs fall under "product liability". In most cases the manufacturer "knew the drug would cause harm" yet pushed for FDA approval despite the highly abnormal side affects (adrugrecall.com). Another example would be that of the drug Fen Phen. This example shows us the drug companies opt for making settlements rather than to sacrifice the name of their company and reputation. Fen Phen was a diet drug that was linked to cause heart valve problems. Like a gold rush in California, people rushed to claim their "pot of gold" and jump on the Fen Phen, I'm a victim bandwagon. While working in a law firm I was trained to ask people while doing an initial consultation on the phone, if their disability claims could have resulted from such diet drugs taken. If so, we would sign'em up and proceeded to make a claim in the winnings for them. At the end of the statute of limitations, we were rushing to file paperwork to ensure we met the deadline for what I called the "late bloomers". The general public get outraged when they find out a medication they were given by a professional could potentially kill them, yet with most medicines we take, there are always some risk involved."
Abstract This paper provides a brief exploration into a case study of commercial law. The case in question refers to a scenario where a hockey league attempted to raise funds through offering a lottery, but there were proceedings that reduced the legitimacy of the lottery process used to distribute the prizes. The paper addresses the facts, and issues relating to the case.
From the Paper "Case Study: Commercial Law I. Facts Tickets to promote a fundraiser for the Beer Guzzlers Hockey League (BGHL) were sold for $50 each, with three winners to be selected at random by a disk jockey at a radio station. The tickets stated the legal conditions as "Winners will be declared in the order chosen from the random draw. ie. First name drawn will win first prize, etc." When the three prizewinners were named, the first drawn was given the third place prize, the second drawn was given the second place prize, and the third drawn was given the first place price."
