Abstract This paper argues that mandatory mediation is an unnecessary part of the Australian legal system. The paper describes the continuing debate amongst legal professionals as to just how effective the mediation process is when it is compelled upon parties, rather than entered into voluntarily. It suggests that mandatory mediation not only destroys the consensual nature of the mediation process, but it also does not guarantee the same level of natural justice, as found in the court system.
Table of Contents:
Introduction
Deterioration of the Consensual Nature of Mediation
The Course of Natural Justice
A Litigant's Right to Trial
Who Should Pay?
Conclusion
From the Paper "As a form of ADR, it is undeniable that mediation can have positive ramifications for not only the parties involved, but also the courts. The success of mediation is often attributed to its consensual nature. However, by mandating mediation, its consensual nature is lost, lowering the potential for a successful outcome. The power of the courts to enforce mandatory mediation infringes the right of a litigant to trial and delays the progression of a case through the courts. This is in addition to the increased financial burden placed on parties if they are compelled to mediate, which can be particularly disadvantageous to poorer litigants. As compared to litigation through the courts, mediation gives little guarantee that natural justice will be served. These factors, combined with the erosion of the consensual nature of mediation, suggest that mandatory mediation is an unnecessary part of the Australian court system."
Abstract The paper reveals that any person born on US soil or in US airspace is considered a United States citizen, and this has resulted in terrorists being considered US citizens based on birthright citizenship. The paper considers the various arguments for and against birthright citizenship and proposes consensual citizenship as a solution to the issue. The paper explains that through consensual citizenship, the children have the right to decide if they wish to become citizens of America or not and this also protects the children's rights without rewarding the parents, who may be in the country illegally.
From the Paper "Yaser Esam Hamdi was born in Louisiana in 1980. He and his family returned to Saudi Arabia for the next twenty years, where Yaser was raised. Yaser joined the Taliban and fought America in Afghanistan. Captured in a battle, Yaser was sent to prison in Cuba. Fortunately for Yaser, because he was born on American soil he was considered an American citizen. He transferred to a prison in the United States and was able to begin a legal case to try and gain his freedom. How fortunate it is for Yaser Hamdi, that America has birthright citizenship, so he could benefit from his rights while fighting his "countrymen" (Eastman 169). Should all persons born in the United States automatically be citizens? Or is there a better way of determining citizenship for immigrants?"
Abstract This paper explains that most religious and conservative people believe that marriage was created for the purpose of procreation; whereas, proponents of gay marriages believe that the U.S. Constitution provides for a strict separation of the church and the state and as such religious arguments do not have a legitimate place in the debate and that the Fourteenth Amendment protects the right of private consensual sex and as such the prohibition of gay marriages is a violation of such rights. The author points out that the gay marriage issue came to the forefront of national debate in 1996 when several Hawaiian gay couples sued for the right to marry legally, which resulted in the passage of "The Federal Defense of Marriage Act (DOMA)" in 1996. The paper relates that, in May 2005, a U.S. Federal District Judge struck down sweeping provisions of the Nebraska constitution that defined marriage as only between a man and a woman and banned same-sex civil unions, domestic partnerships and other similar relationships as a violation of the Equal Protection Clause of the Fourteenth Amendment.
Table of Contents
Marriage, Gay Marriage and Same Sex Unions
The Controversy
The Constitutional Debate
The Federal Defense of Marriage Act (DOMA)
State Laws Recognizing Same Sex Unions
Conservatives Propose Constitutional Amendment
Federal Judge strikes down Nebraska Gay Marriage Ban
Conclusion
From the Paper "The passage of DOMA did not deter gay-right activists in their campaign for the legal recognition of gay marriages and in 2000, Vermont became the first state to allow gay partners to join in a civil union with the same rights enjoyed by married heterosexual couples under state law. Maine, Hawaii, California, New Jersey, and Connecticut have also enacted laws that give some degree of rights to gay civil unions and partnerships since then. On November 18, 2003, in Goodridge v.Department of Public Health, the Massachusetts Supreme Judicial ruled that: "barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution." Implementing the Court's decision, Massachusetts made same sex marriage legal in the state on May 17, 2004; it is thus far the only state to do so. Most other states have enacted constitutional provisions that define marriage as a union of one man and one woman."
Abstract This paper relates that in the United States, consensual searches are made by law enforcement based on the individual giving consent for the search of their property. The paper discusses several aspects of federal law that are difficult to perceive as constitutional and identifies the situations when a search can be stopped at the person's request. The paper shows how consent, though seemingly simple, is a complex and highly subjective term in and of itself. The paper also looks at the attainment of consent from an individual in writing.
From the Paper "In the United States, consensual searches are made by law enforcement based on the individual giving consent for the search of their property. The most frequently occurring searches in America are those without a warrant that are based solely on this consent (Moenssens, 2005). The elements of conducting a lawful search, such as probable cause or a warrant, are not necessary if the person who's self or property is being searched (Holcomb, 2003). Thus, the person gives up their rights afforded to them by the Fourth Amendment voluntarily giving the law enforcement personnel permission to conduct a search. There is also an equal right to refuse giving consent (Moenssens, 2005). Even under certain circumstances, the person is able to revoke their consent after it has been given during any point of the officers' search (Holcomb, 2005). Federal law mandates that during a trial, the prosecution must be able to sufficiently prove that consent was given freely without the person being coerced into giving it (FindLaw, n.d.)."
This paper is a research plan to understand how external events influence information systems (IS) strategy and design, to identify potential negative impacts and to reconcile ethical issues.
Abstract This paper critiques the three basic enquiry methods, described in the paper, which are the simple mode, including inductive consensual and analytic-deductive methods, the complex mode, including the multiple realities method, and the innovative mode, including the unbounded systems thinking (UST) method. The author points out that the rationale behind the PEST analysis is that there must be a fit between the capabilities of the company and the external environment if the company is to survive. The paper uses HP company as the example for analysis and the project of the future.
Table of Contents:
Introduction
Task 1 - Modes of Enquiry
Critique of Modes of Enquiry
Inductive-Consensual Analytic-Deductive
Multiple Realities
Unbounded System Thinking, UST
Task 2 - External Environments
Company Introduction
PEST Analysis
Political
Economic
Socio-Cultural
Technological Environment
Task 3 - Impact on IS Strategy
Enterprise Virtualization
High-end Printing 16
Mobility
Acquisitions
Lay-Offs
Ethical Issues
Task 4 - The Next Five Years
From the Paper "By concentrating on the three major business and aligning them with the IS strategy, HP ensures that the needs and requirements of growing technological trends will be met. In addition to the technology factors, the social factors in terms of lay-offs will have to be considered since human resources are always an important factor in IS strategy and design. Further, acquisition of other companies or technology entities to feel the IS niche is a viable option to safeguard their status as a technology leader."
Abstract This paper takes a look at rape and law, and what is considered consented, and /or non-consented intercourse? The author discusses views from the feminist movement with regards to what should be considered rape, and what is sexual autonomy. The paper uses several scenarios for debatable examples, and focuses a good deal on the court system.
From the Paper "We as a people are presented with challenging issues in our lives that people face on the daily basis. Our courtrooms are filled with attorneys and judges that make rulings that not only affect the law, but also can establish changes on the decisions and choices that men and women make in their intimate lives. What is considered rape? When an authority figure such as a doctor, or police officer violate their oath and begin to prey on the emotionally handicap or use their respected position for personal satisfaction, they have crossed a line. The line that will be focused on is rape. In the courts we see men that have been charged with the crime of rape. The defense will always seem to go with the argument that "she consented" or ?she led me to believe she wanted it.? Unfortunately, it is the victim that has to prove her case."
Abstract This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.
From the Paper "Here's something you probably didn?t know, boys and girls! According to the ?Legal Age of Consent Website,? the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say ?yes, yes, yes,? a la Meg Ryan in ?When Harry Met Sally,? certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won"t be a part of your permanent record). Why shouldn"t the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."
Abstract An exploration of child pornography and the Internet. This paper is written from a point of view that supports the April 2002 ruling of the United States Supreme Court. Definitional issues, police entrapment, civil rights and consensual acts of people depicting minors are discussed. Although this paper does not contain any extremely vulgar or obscene material it has the potential of being offensive because of the touchy subject matter.
From the Paper "Other ideas with the rejection of the child pornography definition is the concept of consensual acts and the idea of digital imaging enhancement to make picture appear as if they are depicting minors. Digitally enhanced child pornography will be addressed later in this paper, but I would like to address my opinions on consensual acts. When most people imagine child pornography they envision a child being raped. I agree with the child pornography stereotype; when I began this research I also envisioned child pornography as a world filled with brutal heinous rapes" Not all cases of child pornography portrayed on the Internet involve child rape scenes. The pornography at hand "might have been a picture of a seventeen year old in an unrevealing gym suit" but due to social reactions to the word child pornography is visualized as "an infant being sodomized by a brawny adult" (Chatelle 1996). Child pornography can encompass such things as teens engaging in consensual sexual acts, statutory rape as well as children wearing beach or gym clothes. In a case such as that no one is harmed in the production of the material except the norm views and expectations placed on society? In 1996 Congress "passed the Child Pornography Prevention Act" which is aimed at the goal of preventing "the production and distribution of computer generated sexual images of children" (Hatcher et al 1999: 418). Originally this legislation was passed to ensure that even "the production, distribution, and reception of images" that were altered to resemble images of minors engaging is sexual encounters were criminalized (Hatcher et al 1999: 418). However on April 16th 2002, the Supreme Court "struck down provisions of a federal law that made it a crime to create or distribute virtual child pornography that used computer images or young adults rather than actual children" (Greenhouse 2002)?.because of media depiction and definitions of child pornography the virtual dilemma will continue as a moral crusade."
Abstract Based on the reading of a course handout, (Conolly, L. W.. "The Pornography Article",) this paper discusses Connolly's arguments in a discussion of pornography as literature. The basic premise adopted in this paper is that censorship is not an effective response to pornography. The paper evaluates the idea of whether or not pornography is "harmful" to society, and suggests that pornorgraphy is more harmful to the language and practice of consensual sex.
Abstract This paper explains that American common law, which formed the basis for later legislatures, set the "age of sexual consent" at ten; but, today, the laws are different in different states: California, Oregon, Arizona, and Wisconsin set age 18 as the minimum age for consensual sex (for girls); most other states set age 16 or 17. The author points out that, recently, the American Civil Liberties Union (ACLU) has filed a case in a Kansas appeals court demanding the reduction of the age of consent back to 13, as was originally defined in the "Common Law". The paper stresses that 'age of consent law' has an important restrictive role in our present day society and serves to protect young children from undue exploitation.
Table of Contents
Introduction
A Brief History
The Present Law
Controversial Reactions
Conclusion
From the Paper "Topics of such controversial nature carry arguments from both groups. One the one hand are the parents, social reformers and religious leaders who are concerned about the declining moral values and the health disorders that will result from premature sexual indulgence. This group of people is trying to raise the limit of the age of consent and hope that a legal barrier would prevent what they perceive a moral disaster and protect young and innocent children from exploitation. On the other hand are those (ACLU) who revolt against the law as an intrusion into children's personal rights. These groups consider the restrictive laws as ?a cogent and passionate critique of the war against young people's sexuality.? "
Abstract This essay is split into four main chapters. The first chapter, "Imaginary Exodus", analyzes the term "cyberspace" and looks at how the Internet is changing, or perhaps has already changed, our lives. The second chapter, "Creating Escapes to Wonderland", looks at the various cultural marvels the computer world has developed in order to provide us with entertainment, looking predominantly at the games market, which is already a multi-billion dollar business outstripping Hollywood's entire yearly profits. The third chapter, ?Virtual Reality (VR) ? A Consensual Hallucination?, analyzes the dream of VR and how it came to be, what it offered us, and what has become of it since the term was first coined back in the eighties, with regards to how it may already be a subtle part of our lives. The fourth and final chapter, "Future Predicaments and Cyber Harbingers", deals with the effects the cultural backlash, the Internet, VR ,and computing in general, have had on the creative arts, particularly film, in relation to science fiction inspired from science fact. The conclusion, having mused upon the "Brave New Reality" we face, suggests a number of culturally significant hypotheses for our time and how the world might be changing with the onset of the seemingly unstoppable technological infiltration.
From the Paper "Cyberspace, a term coined in the early eighties by the science fiction author and theorist William Gibson, and later described as "the place you are when you"re on the phone? is now an everyday term in much of the Western world, if not the Eastern too. It denotes a coming of a new age, an electronic entity created out of silicon and wires that store millions and millions of bytes of information, information that governs, informs and teaches almost anything we need to know about. The Internet, a nineties phenomenon, has already taken a large chunk of this new found frontier and brought it into the homes of over sixty million "net surfers" within a short period of time. It is only in the last fifty years that the words "computer", "integrated circuit" and "television", amongst countless others, have become household names, and each has brought with it it's own small revolution within the society that now not only uses them everyday, but almost depends on them."
This paper argues that the U.S. Supreme Court case, "Bowers vs. Hardwick" (1986), which denied the fundamental right of homosexuals to engage in acts of consensual sodomy, was flawed.
Abstract This paper explains that the "Bowers vs. Hardwick" decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence; the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The author points out that the decision in "Bowers vs. Hardwick" conflicts with several other previous and similar right-of-privacy decisions of the Court, including "Griswold vs. Connecticut" (1965). The paper relates that "Bowers vs. Hardwick" was overruled by the courts 16 years later.
From the Paper "Briefly, the facts of Bowers v Hardwick reveal that Michael Hardwick was a bartender in a gay bar in Atlanta, Georgia. In 1982, a houseguest of Hardwick unknowingly let a police officer enter Hardwick's home. The officer went to the bedroom where Hardwick was engaged in oral sex with his partner. The men were arrested and charged with violating the Georgia statute that criminalizes sodomy. Charges were later dropped, but Hardwick brought the case forward in the Federal District Court with the purpose of having the sodomy law declared unconstitutional. The court ruled in favor of the defendants for the claimant's failure to state a claim. The Court of Appeals reversed and remanded the decision on the grounds that the Georgia sodomy statute violated the respondent's (Hardwick?s) fundamental rights. The Supreme Court held that the Georgia statute was constitutional and reversed."
Looks at issues of racial integration and cultural assimilation through two texts, Alice Childress's "Wine in the Wilderness" and Amiri Baraka's "Dutchman."
Abstract This paper delves into the depths of the issues of racism and cultural assimilation as addressed in African-American theatre. It examines two plays, Alice Childress's "Wine in the Wilderness", which examines assimilation on a personal level and brings up issues of how it is that we, as a society, develop this assimilation, both consensually and nonconsensually, and Amiri Baraka's "Dutchman", which looks at the effects of assimilation and the forces that drive it.
From the Paper "America has been called the melting pot of the world. We are a nation composed of and created by the integration of dozens of cultures over two-hundred years. Unfortunately, true racial integration is something that has really only been developing in the past thirty years or so. With this integration come the eventual questions of assimilation and cultural fusion. The answers to these questions will form the basis of the future of our society and how the world culture develops."
Abstract Rape has a number of definitions and traditionally rape is defined as the forced, non consensual, penetrative vaginal sex. This paper aims to discuss the causation behind this cruel and obscene violation to a person's self, using the most popular theory of rape; the social learning theory. It begins with a generalisation of the theory with reference to Bandura, of which the theory is based upon followed by an explanation of how this theory relates to and provides a cause for the unlawful act.
The main theme throughout is pornography and how this may or may not have a direct effect upon people, particularly men who rape. It also discusses the impact of culture, society, aggression theories and feminism.
From the Paper "The social learning theory is a general theory of human behaviour, a variant of Behaviourism which looks at the way in which certain behaviour is acquired. Social learning theory, however, pays greater attention to the concept of human development and moreover recognises substantially the role of social reinforcements in explaining how these behaviours are learned. The basic proposition is that the same learning process in a context of social structure, situation and interaction, generates both conforming and deviant behaviour."
Abstract This paper argues that the logic of a democratisation based on the notion of 'ruptura pactada' (rupture based on mutual agreements) has enabled the Spanish government to address peacefully the issues of the form of government, the place of religion and the question of historic nationalism, by making concessions to satisfy the whole Spanish political class. It looks at how nevertheless, this consensual solution has been revealing its high fragility since Spain's 'second' debut as a democracy, in particular in the domain of autonomous and independence aspirations among Spanish regions. It discusses to what extent the logic of 'ruptura pactada' can be considered as to have inherent weaknesses which would undermine a peaceful democratic consolidation in Spain.
Outline:
The Making of Spain's Transition to Democracy Under the Principle of 'Policy of Consensus' or Also Called 'Ruptura Pactada'
The Drafting of the 1978 Constitution: The Application of the Principle of 'Ruptura Pactada' In Political Negotiations
The Fragility of the Consensus: The Emergence of Strong Contestations
Conclusion
From the Paper "Juan Antonio Ortega Diaz-Ambrona insists on that, in the perspective of Franco's imminent death, the National Movement (the Francoist political platform of the dictatorship), was extremely divided as for the way Spanish politics should be managed in the future. Indeed, the Francoist political elite was divided between the inmovilistas (the "fixed ones") who advocated the "continuity", which means that the Francoist political regime, as defined by the "Fundamental principles" (Principios Fundamentales) established in 1958, should continue after Franco's death, and the aperturistas (the "open ones") who favoured a direction towards a more liberalised and democratic regime (ORTEGA DIAZ-AMBRONA, 1984: 21-22). Carlos Arias Navarro replaced Carrero Blanco at the head of the government but the Francoist government faced serious difficulties to get unanimous support for a new law of political associations in February 1974. "
