Abstract This paper addressed how the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts any state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers and prohibits states from acting when the federal government has not acted, but could act, on a particular matter. Furthermore, this paper discusses various types of preemption (conflict, field, express) that may be applied when federal and state legislation conflict. Also discussed briefly is the power of the president per the Constitution.
From the Paper "While the concept of dual sovereignty dominated the nineteenth century, in modern times the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers, and prohibits states from acting when the federal government has not acted but could act on a particular matter."
Abstract This paper explains that the world is the creation of God and is centered, for Aquinas, on God; all human endeavours should ultimately be directed towards knowledge of God and the divine mystery of human salvation. The author points out that Aquinas argues that human beings are made human by their intellect, and, that they have the ability and duty to use their intellect to apprehend the divine. This paper stresses that reason does not operate independently, but within a framework of what Aquinas calls ?natural law?, the relationship between the natural law of humankind, and the eternal law of the divine.
From the Paper "God is at the heart of Aquinas's world-view and philosophy, and the role of human reason as well as faith once more comes to the fore in the process by which human beings accept the existence of God (for Aquinas is clear that the existence of God is not self-evident). The essence of God is unknown to us, so must be ?demonstrated by things that are more known to us ? namely, by effects? [Pt. I, Q. 2, Art. 1]. To reach conclusions on the existence of God by studying the world around us will, Aquinas argues, lead inevitably to a knowledge of God, for the world cannot be explained without recourse to God. Thus once again human reason is in harmony with revelation and faith in bringing human beings to a fuller knowledge of the Godhead and of salvation."
Abstract This paper takes a look at how the advent of e-business has caused many businesses to re-examine many legal issues regarding international trade, particularly in the area of dispute resolution. This paper briefly examines how e-business and the global economy have changed the way many think about agency law.
Outline:
Applications of Agency Law in the Business Environment
Types of Business Entities
E-business and the Global Legal Environment
From the Paper "Agency law represents a specific set of concepts and doctrines that are applicable to a number of situations in which a person's conduct can have ramifications for the legal position of an entity (Demott, 2006). The actions of a single employee can have an impact on agency liability. Agency law defines the circumstances under which a relationship can be classified as an agency relationship, rather than as the actions of individuals. This can arise from the creation of rights and obligations regarding a transaction, the agent's knowledge of the action, and amount of liability that the agency derives from the acts of the individual. "
Abstract In this paper, a history of the reasons and need for the Monroe Doctrine are thoroughly examined. The Doctrine was a powerful statement but the U.S. had very little power of enforcement. Reasons behind this are discussed. This paper also shows how the Monroe Doctrine appeared on the surface to be an American declaration of independence from a colony-hungry Europe but in fact the document had many weaknesses.
From the Paper "By the early 1800s, America was becoming its own country and trying to separate itself from Europe. The United States wanted to prevent future colonization of the Americas by European countries and attempted to accomplish this by issuing the Monroe Doctrine. The Monroe Doctrine of 1823, designed to discourage European nations from colonization that would threaten America, was merely a declaration of America's independence, not a demonstration of it."
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper "In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
Tags: American law, Jewish law, common law, Halakha
Abstract This paper deals with the problems in implementing Megan's Law also known as community notification laws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper " In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimen's to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags: community, law, laws, megan, notifaction, offenders, sex
Abstract This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags: criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadian laws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.
Abstract In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
Abstract This paper takes an in-depth look at Megan's Law. According to the paper, Megan's Law was named after 7-year old Megan Kanka of Hamilton Township, New Jersey who was raped and murdered by her neighbor. The paper discusses how Megan's Law violates past sexual offender's constitutional rights and does not improve safety in communities in which accused sexual offenders reside.
Table of Contents:
CHAPTER 1
Introduction
Emergence of Megan's Law Megan's Law: Questions of Constitutionality
CHAPTER 2
Literature and Opinions
CHAPTER 3
Megan's Law in Different State
CHAPTER 4
Author's Opinion
Conclusion
From the Paper "In our society, everyone should be entitled to one mistake. After all, nobody in this world is a perfect law abiding citizen. After one makes a mistake, they should learn from this experience and use it before acting in the future. In other words, they deserve a second chance. Megan's Law makes that second chance impossible. The creation of sexual offender registries and informative materials (i.e. Ahearn's example of flyers) make it more difficult for past sexual offenders to lead normal lives after they finish their sentence. It leaves more of a possibility that a sexual offender may not be accepted or welcomed into their community. Most likely when a community finds out a sexual offender is living in their neighborhood, the community will isolate themselves from the offender."
Abstract The paper shows that the dispute over laws requiring seat belt use is not on the basis of safety. Almost everyone agrees that seat belts can prevent injury or death. Rather, opponents point to the issue of personal choice. The paper discusses that how people perceive mandatory seat belt laws also reflect ones attitude and value system that is shaped by their environment, knowledge and experience. This paper reveals how the acceptance of seat belt laws varies across racial, gender and age. Furthermore, this study analyzes how people respond to mandatory seat belts laws based on knowledge and experience. Additionally, of those who favor seat belt laws to what extent is their support.
From the Paper "There were also some fundamental differences in the way women and men responded the questions. The results of the survey showed that the majority of women support seat belt laws (91%), which is 11% higher than the support indicated by men. The majority of women also favor fines for those who are caught without wearing a seat belt, as two-thirds of the women polled hold this belief. More females than males also believed that if they were stopped for not wearing at seat belt and ticketed, that the ticket would be adequate and well deserved. "
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services.
Abstract United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
Tags: Consumers, Laws, United, Kingdom, Merchants, Legal, rights
