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Age Discrimination in the Workplace, 2007. This paper explores the issue of age discrimination in business today. 1,068 words (approx. 4.3 pages), 5 sources, APA, $ 37.95 »
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Abstract This paper explains that companies fire their older workers in order to avoid having to pay retirement or medical benefits or to hire a younger and less expensive replacement. The paper examines the various federal anti-discrimination laws and looks at numerous lawsuits that have been brought over age discrimination. The paper discusses how age is the new battleground for many workers, a situation that is increasing in importance as the baby boom generation reaches retirement age.
From the Paper "Age discrimination is an issue today, perhaps more than ever in an era when companies seek to avoid having to pay retirement or medical benefits and do so by firing older employees who might be about to invest in their pension or who might need medical attention. Another reason is that older employees may be paid more than new hires, so companies replace older workers with new workers just for that reason. This type of change is in addition to those who are simply biased against older workers and who take any opportunity to remove older works and bring in new blood."
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Criminal Justice and Victims' Rights, 2007. An analysis of the history, development and success of the victim's rights movement in the United States. 3,349 words (approx. 13.4 pages), 16 sources, APA, $ 95.95 »
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Abstract This paper looks closely at the victims' rights movement in the United States. The paper especially looks at the history of the movement - largely from the late 1960s onwards - and considers the dramatic changes in the legal system it has provoked. The paper also delves into the prerogatives of victims today (courtesy of the victims' rights movement) and examines the ways in which victims' rights and their cries for restitution are being enforced across America. Finally, the paper ponders the impact of the movement upon, not only victims, but also upon judges and criminals and looks ahead briefly to what the future might hold.
Table of Contents:
Abstract
Victim's Rights in America: An Exploration
From the Paper "It does not take an expert's analysis to lead one to the conclusion that the victims' rights movement has been a great success. The many laws and victims' rights delineated in earlier pages do not have to be recounted here, but they are major advances upon what was once commonplace. At the same time, if Fletcher is correct, many victims' rights groups are now looking to attack the legal rights of defendants even more than they have, including launching campaigns to revise procedural laws pertaining to the admittance of various types of evidence (among other things). It seems probable that such groups are also interested in striking from the books the ability of a judge to use discretionary sentencing for many crimes, replacing this with mandatory minimum sentences. These goals are not necessarily ill-founded, but there is the danger that they lead to the presumption of innocence at the heart of the American criminal justice system being turned on its head."
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Workplace Safety Laws, 2007. This paper explores the United States Occupational Safety and Health Administration and its jurisdiction over the American workforce. 2,437 words (approx. 9.7 pages), 10 sources, MLA, $ 74.95 »
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Abstract The paper looks at the legislation giving the United States Occupational Safety and Health Administration (OSHA) its powers as well as the standards it has in place to protect workers from unsafe working conditions. The paper examines the legal defenses which can be mounted by employers who find themselves accused of failing in their general duty of care. The paper shows how this is an enormously complex administration and concludes that the rapid growth of the American economy means that it will continue to play an integral role in how employers and employees interact.
From the Paper "To start with, the legislative framework within which the OSH must operate is clearly important. Simply stated, the purpose of the OSH Act of 1970 was to ensure that the working conditions of American men and women would be safe (at least relatively so) and that a common set of safety standards would be applied universally across the breadth and width of the United States. At the same time, the Act was meant to "encourage" states in their efforts to make working conditions safer and it was also meant to serve as an impetus for greater occupational training, research and education (Occupational Safety & Health Administration, 2004). In any event, the Act "covers" work-related situations in which some "risk" might be involved (presumably psychological as well as physical) and its writ extends to workplaces in all American states, the District of Columbia, the U.S. Virgin Islands, "American Samoa", The Trust Territory of the Pacific Islands, the Commonwealth of Puerto Rico, the "Trust Territory" of the Pacific Islands, Outer Continental Shelf Lands as defined by the Act of the same name, and the canal zone; basically, every area that is a protectorate of the U.S. and which falls under its explicit control (Occupational Safety & Health Administration, 2006a)."
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Is the U.S. Constitution Color-Blind?, 2007. An analysis of the degree to which the U.S. Constitution may be said to be "color-blind". 1,535 words (approx. 6.1 pages), 4 sources, MLA, $ 50.95 »
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Abstract This paper explores the degree to which the U.S. Constitution may be said to be "color-blind". It argues that the Constitution is not color-blind because it permits many instances of bigotry to go unchecked in private life. To bolster this claim, the paper places a great deal of emphasis upon the work of Dr. Neil Gotanda, entitled A Critique of "Our Constitution is Color-Blind". The paper also focuses on the controversial case of Plessy v. Ferguson (1896) in which racism was seen to be upheld by the U.S. Supreme Court despite the eloquent protests of one of the presiding Justices.
From the Paper "Gotanda also insists that the First Amendment - specifically its Freedom of Speech Clause - has been used by the federal courts to strike down government efforts to outlaw "racial domination". What Gotanda appears to mean when he talks of "racial domination" is that recent years (Gotanda was writing in the early 1990s) have seen the "resurgence" of racist speech on university campuses after decades of determined effort by non-whites to wrestle back control of the image-making process from Caucasians. As a result, racially motivated speech which defames - or at least casts in a negative light different - groups has been protected by a Constitution that is allegedly "non-racial" in construction. In any case, Dr. Gotanda, if this writer understands him correctly, is putting forward the notion that American society has always been dominated by Caucasians and, therefore, permitting racially-offensive discourses on university campuses allows the dominant group in society to continue to articulate views supporting invidious distinctions between races without fear of any disciplinary action being taken. In other words, whites have crafted negative images of non-whites since the founding of America and this group, so powerful in the media, in the judiciary and even still in academia, is allowed to continue on with making negative distinctions because the Constitution - written as it was and amended as it has been by (predominantly) Caucasian males of property and significance - permits it."
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Criminology Theories, 2007. This paper discusses four criminological theories and explanations for crime. 1,824 words (approx. 7.3 pages), 4 sources, MLA, $ 58.95 »
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Abstract This paper reviews, in chronological order, four significant criminological theories - early biological theory as championed by Cesare Lombroso, ecological theory as made popular by the Chicago School, Merton's Economic Strain theory, and feminist criminological theory emphasizing a "gendered" approach to understanding crime - and illustrates how each succeeding theory was either indebted to the one before it or produced in response to the one which came before. Every bit as meaningfully, the paper takes a closer look at the social or intellectual trends/fashions which made it possible for new, divergent theories to achieve prominence even when pre-existing theories seemed unshakable in their primacy. Ultimately, the paper concludes that the field of criminology is fertile, evolutionary and ceaselessly dynamic.
Outline:
Abstract
Criminological Theories: The Emergence and Evolution of Four Theoretical Explanations for Crime
From the Paper "Quite simply, whatever its shortcomings, early biological theory was a welcome respite from doctrinaire "free will" explanations of crime which had largely dominated the intellectual landscape up until the last quarter of the nineteenth century. In light of this fact, his work should be understood and appreciated within its historical context and not judged wholly by the criminological standards of today."
"Although his contribution to criminology was most welcome, it was not long before a number of academics began to call his findings into question. The most famous of all these dissenters was not an individual, per se, but a school. Specifically, criminologists in the Department of Sociology at the University of Chicago became the chief advocates of a new criminological theory known as ecological crime theory ..."
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Breaking Confidentiality in a Rural Teaching Environment, 2007. A case study presentation discussing the confidentiality rights of students. 1,325 words (approx. 5.3 pages), 3 sources, MLA, $ 44.95 »
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Abstract This paper presents a case study of a teacher in a rural environment who broke the confidentiality of a student. It explains the case and then discusses the rights of students in general. The paper presents and discusses laws that exist to protect those student rights. Finally, the paper describes how this particular case was resolved with the teacher and presents the writer's personal concluding remarks.
Table of Contents:
Introduction
Rights and Law
Reflection
Concluding Remarks
From the Paper "Also, a farmer who taught school as a young man called on Ms. X at the school and just happened to speak of his own days as a teacher and how one had to learn to maintain confidentiality regarding each and every student as one of the profession's challenges. Naturally, all of these events were known to us because we heard our parents and family friends discussing them, in the spirit of a decent approach to correcting an unthinking teacher, letting her know that the community expected her to respond to the boy who could be difficult, in awareness of his home life. In hindsight, it is obvious that Ms. X received the message kindly yet clearly that her remarks were intolerable, must never occur again, and that the community expected her to address the student and his classmates differently."
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Website Banking and Security, 2007. This paper looks at website security measures for the banking industry. 885 words (approx. 3.5 pages), 7 sources, MLA, $ 31.95 »
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Abstract The paper discusses the legal, regulatory and ethical dimensions of website operations within the financial services industry. The paper focuses on the protection and use of personal and private data by users and consumers. The paper discusses the various security strategies for website operations and the increasing state, federal and international emphasis on this dimension of website operations.
Outline:
Abstract
Overview
State & Federal Laws
USAA Website Security
ING Website Security
Scottrade Website Security
Conclusion
From the Paper "The single most important legal, ethical, and regulatory dimension for the banking industry and its expansion into the online environment has been centered on the protection of personal data and information of its customers. The actual execution of data security from an IT perspective within the banking industry, both online as well as general back-office operations involves a series of technologies that together can form an effective barrier from intrusion."
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Due Process and the War against Terror, 2007. An explanation of three approaches that the US can take to provide due process to suspected terrorists. 1,197 words (approx. 4.8 pages), 5 sources, MLA, $ 41.95 »
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Abstract This paper discusses the War on Terror and the number of issues that have been raised vis-a-vis how Americans should treat suspected terrorists. The paper provides an explanation of three different approaches to providing due process to these terrorists and suggests that a compromise approach should be followed. The paper describes each approach and describes the suggested compromise.
From the Paper "As suggested above, a careful regard for the procedural rights of suspected terrorists - their "Due Process" rights - is vital inasmuch as it sends a message to critics both within and without America that the world's great superpower is committed to doing the "right thing" and not merely the expedient thing. Needless to say, projecting this image goes a long way towards solidifying international support for U.S. military operations abroad and it also goes a very long way towards ensuring that other nations will be more cooperative in "rooting out" terrorist elements within their own states - both developments which will necessarily bolster U.S. security. But more than that, America is in a position where it can protect the procedural rights of terrorist operatives without bequeathing to those individuals the sorts of privileges and prerogatives normally available to an American citizen accused of a criminal offense in the United States."
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The Electoral College vs. Popular Vote, 2007. This paper discusses the advantages and disadvantages of both the current American electoral college and an alternative popular vote system. 955 words (approx. 3.8 pages), 3 sources, APA, $ 33.95 »
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Abstract This paper explains that critics charge that the current American electoral college makes it possible for presidents to be elected who do not have an absolute majority of the popular vote, which diminishes the legitimacy of the final victor. The author then points out that one of the arguments in favor of the electoral college is that it prevents powerful, populous regions from monopolizing the electoral outcome as would happen in a popular vote system. The paper relates that, in the popular vote, direct ballot system, parties are given seats in proportion to their share of the votes cast, thus ensuring that the popular vote is not distorted; however, the popular vote system will contribute to fragmentation and instability by making it easier for "fringe" or narrowly-focused political parties to emerge in opposition to the current two major parties.
From the Paper "Other criticisms leveled against the Electoral College include arguments that the system creates the potential for "faithless voters" who are pledged to vote for one candidate but who chose, for a variety of reasons, to vote for another. Interestingly, if one expert is correct, there have been a number of such electors in recent years. Moving forward, critics also charge that, because every state is given the same number of electoral votes regardless of its "voter turnout", there is no incentive to encourage greater voter participation - although Kimberling seems skeptical about its overall impact."
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Legal Contracts, 2007. An analysis of the aspects of a contract that make it binding. 830 words (approx. 3.3 pages), 3 sources, MLA, $ 29.95 »
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Abstract This paper discusses the legal elements of a contract and the aspects that determine if a contract is binding or not. The paper discusses issues related to simulation and revision. It describes the performance, project structure and communication that must be present in a simulated case. It also addresses the importance of communication between companies.
From the Paper "To address these issues the contract should be renegotiated to include provisions of expectations for performance that allow for some degree of error. Yet, these errors must also be corrected within a reasonable period of time that is agreeable to both corporations (Collins, 1999, p. 251). In regard to the project structure, it would be more beneficial for both companies if there were specific points during the project in which the company leaders met to discuss the progress of the project and make alterations as needed to conform to change (Collins, 1999, p. 250). It is suggested that these meetings take place monthly, with adequate documentation being provided by all parties in order to ensure that the efforts of the leaders are worthwhile (Collins, 1999, p. 253)."
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Rhetoric and Judges, 2007. This paper explores the role of rhetoric in the judicial process. 807 words (approx. 3.2 pages), 5 sources, MLA, $ 28.95 »
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Abstract The paper examines Aristotle's philosophical work "Rhetoric", which outlines the principles of effective persuasion. The paper discusses how rhetoric also serves as a powerful tool for the type of legal reasoning employed in the making of judgments in the judicial process. The paper concludes with the hope that members of the judiciary always prefer discovery of the better argument, reason and rigorous analysis over persuasion, emotion and dazzling effect.
From the Paper "The art of rhetoric arose in 5th century Greece, a time when traditional religion, morality, and politics received criticisms that significantly affected traditional attitudes about these subjects. According to historian Frank Thilly, it was also a time when public life offered a group of professional teachers called Sophists, men skilled in verbal persuasion, a wide-opened arena for practicing their arts of "oratory" and "rhetoric". (43)"
"However, rhetoric did not receive a systematic treatment until the 4th century, by the hands of the philosopher Aristotle. In his philosophical work called Rhetoric, Aristotle outlined in detail the principles of effective persuasion. Although rhetoric is an extremely useful instrument for writers and orators, it also serves as a powerful tool for the type of legal reasoning employed in the making of judgments in the judicial process."
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Executive Powers in Germany and the United States, 2007. A comparison of the executive power awarded to the Chancellor of Germany and the President of the United States. 1,675 words (approx. 6.7 pages), 6 sources, MLA, $ 54.95 »
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Abstract This paper discusses the formation of the executive powers in both the United States and Germany. It looks at the power that the laws provide to each leader, as well as the limitations that exist in order to prevent the acquirement of excessive power. The paper compares the executive power of the Chancellor in Germany to that of the President of the United States.
Table of Contents:
German Government and Executive Powers
United States Government and Executive Powers
Conclusion
From the Paper "Checks and balances in the United States begin with the formation of the United States Congress, comprised of the House of Representatives and the Senate. Laws of the nation must be passed by a majority vote in both houses before they can be sent to the president for approval. However, the president also has the authority to veto any legislation that he or she does not approve of, creating a situation in which the Congress must redesign the bill and seek approval again. However, the Congress can "override" the veto if there are enough votes in both the House and Senate to do so ("Checks", 2006)."
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The FTCA's Limitations, 2007. This paper examines the Federal Tort Claims Act (FTCA) and its application to security and judicial matters. 1,046 words (approx. 4.2 pages), 3 sources, MLA, $ 36.95 »
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Abstract The paper explains that the 1946 Federal Tort Claims Act (FTCA) was intended to provide citizens and private entities with the ability to hold the United States government accountable for negligent actions. The paper discusses how since judges use their own discretion in interpreting the FTCA and how it applies to issues concerning security agencies, there is no set standard that citizens can rely on. The paper asserts that there must be reforms in order for this legislation to again function as intended for the country.
From the Paper "The Homeland Security Act of 2002 specifically addressed the FTCA, "limiting tort liability" of the federal government following the 2001 terrorist attacks on the United States ("Homeland", 2005, sec. 1). Yet, the Homeland Security Act also assists private companies by limiting the dollar amount of lawsuits related to terrorist attacks and forces the United States government to be held responsible for amounts exceeding that limit ("Homeland", 2005, sec. 1). The Homeland Security Act further addresses tort issues related to small pox vaccines, air transportation security companies, air carriers, Federal flight deck officers maintaining firearms and the manufacturers of other vaccines distributed throughout the country ("Homeland", 2005, sec. 1)."
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Risk Management, 2007. This paper looks at the role of risk management in justice and security organizations. 818 words (approx. 3.3 pages), 3 sources, MLA, $ 29.95 »
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Abstract In this article, the writer discusses that risk management may very well be the most under-appreciated aspect of administering any law enforcement organization. The writer looks at the role risk management plays in federal, state and local law enforcement and in security organizations in general. The paper illustrates how proper risk management is arguably the most important thing these organizations do on a daily basis and how much of what they do in this regard can be broken down into a simple mathematical formula that weighs risks, possible damages, and asset values. The writer notes that these are all with the aim of coming up with a system of defense that limits the ability of criminal elements to destroy property or endanger lives.
From the Paper "Because they must also deal with the public in tense situations, and because they are likewise responsible for protecting physical and human assets, security agencies also must concentrate their daily activities and long and medium-range plans around risk management. While the ARM formula appears to be something most often associated with police departments, security agencies obviously can apply this approach to their own work and this will greatly determine which assets will receive the greatest attention and where human resources will be allocated; it will also be used to tailor training programs so as to produce employees capable of meeting the most pressing and likely scenarios."
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Justice and Religious Traditions, 2007. This paper discusses how organized religion is not the steward of justice for all, but it does offer inspiration. 1,653 words (approx. 6.6 pages), 3 sources, MLA, $ 53.95 »
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Abstract This paper refers to writings by Khaled Abou El Fadl, Rene Trujillo and Martin Luther King Jr., which refer to concepts of justice that connect to religious traditions. The paper shows how in the 21st century, organized religions cannot be hoped to produce a steward of justice for all. The paper explains, however, that religious traditions and concepts can inspire attempts to discuss what a government should be, what laws are meant to put in place, what they should seek to avoid and how they can be viewed differently across different cultures.
Outline:
Introduction
Islam and Democracy
Rene Trujillo - Human Rights & the 'Age of Discovery'
Martin Luther King, Jr. - Letter from Birmingham Jail
Concluding Discussion
From the Paper "Khaled About El Fadl writes like an ambassador between Muslim history and tradition addressing justice and a contemporary world that needs to understand more of this 'foreign' tradition. (2004) His chapter opens by describing how, centuries ago, a Muslim jurist would point out that there were three kinds of political systems in the natural or primitive state of nature, a place of anarchy and the abuse of power. A second system would involve custom by which tribal elders told what should be upheld or obeyed as would work as long as an elder had sufficient power, or a prince or king who might direct others by decree. A third development has been the caliphate of Shari'ah law, a body of Muslim religious law based on the Qur'an and the example of the Prophet. (2004: 130-131) A conservative Muslim jurist of today may still argue that Shari'ah fulfills all criteria of justice and legitimacy, laying out the duties of governors and the governed, the law taking the lead ahead of the arbitrary authority of one human being over another. (2004: 131)"
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