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Contemporary Death Penalty, 2008.
An examination of the issues surrounding capital punishment in America.
1,169 words (approx. 4.7 pages), 9 sources, APA, $ 40.95
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Abstract
This paper examines the past history of the death penalty in America and the present state of the issue. The paper points out that this paper is intended to serve as a guide for a local police chief and for the local prosecutor. The paper then offers predictions about the future of the death penalty in America and recommendations on how this issue should be handled in the future. The paper also explains the past history of the death penalty in America. In conclusion, the writer believes that the evidence does not support the wide-spread use of capital punishment, and law enforcement authorities and prosecutors should avoid lobbying for it except in the most heinous crimes and when dealing with the most incorrigible and dangerous criminals.
Outline:
Introduction
Past History of the Death Penalty in America
Present State of the Death Penalty Issue
Prediction on the Future of the Issue and Recommendations for the Local Police Chief and the Local Prosecutor
From the Paper
"Further, even as Americans "humanized" the means by which the death penalty was carried out in the nineteenth century, African-American slaves habitually received little protection under the law and were brutally punished with death for reasons that had little to do with dispensing justice. Those who have studied the history of the death penalty in American society since the nineteenth century note that the practice, though it became comparatively more humanized, still used "rough means" in executing its task; to wit, the not-always-reliable electric chair emerged towards the end of the nineteenth century and the gas chamber began to proliferate in the 1920s."
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The United States Supreme Court, 2008.
This paper examines the United States Supreme Court, looking into its history and procedures.
1,248 words (approx. 5.0 pages), 6 sources, APA, $ 42.95
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Abstract
In this article, the writer provides the background to the U.S. Supreme Court through a brief history of the Court. In addition, the writer presents an explanation as to how cases from trial court work their way up to the Supreme Court for review. The writer notes that both topics are rich with layers of complexity and for the purposes of this paper, an overview of the history and process of the Supreme Court is provided.
From the Paper
"Additional restrictions on appeals to the Supreme Court include some of the general restrictions applied to all appellate review. For example, appeals are restricted to losing parties, questions of law to be addressed must have been raised during trial court, and time restrictions exist in permitting the filing of an appeal.
"Once a case successfully reaches the Supreme Court docket, a lengthy review process begins which can take as long as three years to complete. Once the process is completed, the Supreme Court issues a number of opinions representing the different views held by the justices following the review process. The opinion most widely shared amongst the majority (the majority opinion) represents the final decision of the Supreme Court. "
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Equal Justice under Law, 2008.
This paper discusses law and justice in the US, focusing on the US Supreme Court.
1,700 words (approx. 6.8 pages), 7 sources, MLA, $ 55.95
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Abstract
In this article, the writer explores the origins and history of the Supreme Court of the United States. The writer traces the early role of the court in the course of the development of the country. The writer notes that the Court is not without controversy, and decisions made have come to be symbolic of the wrongs of society, and the correction of these mistakes demonstrates the ability of the court to adapt and lead modern thinking. Finally the requirements of how a case is brought before the Court are discussed.
From the Paper
"In the constitutional scheme developed nearly two hundred and thirty years ago, the judiciary was established as one of the three co-equal branches of the federal government. Yet, Article III of the Constitution is surprisingly brief as to the establishment of the structure, duties and make up of a very powerful branch of the government. The court has been left largely to its own devices as how it conducts its affairs and what cases it chooses to hear, given the charge of original jurisdiction over a very few cases, the Supreme Court has become an institution equated with the preservation of civil liberties in our modern society. The history of the Supreme Court is the history of the United States and its struggle to maintain the Republic through a wide variety of challenges and crisis. A focus of political angst and a vestige of last hope for the oppressed members of society, whose imperfect judgment has stood the test of time, and corrected its past errors. With little Constitutional direction, this body has shaped modern society."
"The Supreme Court of the United States has jurisdiction over cases involving Ambassadors and other public ministers, cases of admiralty and maritime jurisdictions, controversies between two or more states, between the state and a citizen of another state and appellate jurisdiction over lower courts."
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Corporate Compliance on a Personal Level, 2008.
A look at the changes in corporate compliance laws.
898 words (approx. 3.6 pages), 4 sources, APA, $ 31.95
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Abstract
This paper explores the changes in corporate compliance brought about by the enactment of The Comprehensive Environmental Response, Compensation and Liability Act and the Sarbanes-Oxley Act of 2002. The paper relates that both of these comprehensive legislative initiatives were brought about by infamous events in American Corporate history, and were aimed at preventing such corporate transgressions in the future. They brought personal liability for the actions of the corporation to its directors, officers and management.
From the Paper
"The corporate veil was a thick impenetrable barrier that protected Officers, Directors, Management and shareholders from personal liability from the acts of the corporation. The immunity granted by the legislative progenitors of these modern day immortals are now chipping away at the corporate shield, and have created large holes where the long arms of personal liability can now reach. As with all things political, seminal events brought about these fundamental changes in corporate law. The pollution scandal of Love Canal brought about The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), among other provisions brought about criminal liability to Officers and Management for willful violations (Darragh, 1997, n.p.). The corporate financial scandals associated with the "Dot Bomb" era of the late 1990's resulted in the Sarbanes-Oxley Act of 2002, establishing personal liability to the corporate officers in the reporting of financial data to the Security and Exchange Commission (SEC) (Hein, Neimeth, Rosner & Watts, 2002, n.p.). The spectacular misdeeds of a very few in the corporate world brought about increase personal liability and risk to those that run corporations in America."
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Mala Prohibita, 2008.
A discussion on mala prohibita with reference to illegal dental practice.
1,574 words (approx. 6.3 pages), 9 sources, MLA, $ 51.95
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Abstract
This paper examines how mala prohibita refers to acts that are considered wrong because they are in direct violation of a statute, and they are wrong on their own and do not require a criminal or guilty mindset for the establishment of guilt. In particular, the paper looks at how the taking of dental impressions or a teeth cleaning conducted late at night in the absence of any supervision and outside the confines of a dental education is a violation of the Dental Practices Act and is a mala prohibita.
From the Paper
"Chapter 108 of the Dental Practices Act is entitled "Professional Conduct" and clearly and succinctly outlines exactly what is expected and required of dental professionals licensed by the State of Texas. The admonissions contained within this chapter are poignant, ". . .a licensed dentist shall conduct his practice on the highest plane of honesty, integrity, and fair dealing. . .in order to safeguard the dental health and welfare of the public. . ." (Professional Conduct 108-A-1). The preamble to Rule 108 is a stern warning and a introduction to an extensive list of prohibited activities that if violated place the entire profession, as well as those supervising dental students at extreme peril, and flirting with the disastrous ramifications of ethics violations and discipline by the Board of Governors."
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Sarbanes-Oxley (SOX) Act of 2002, 2008.
A critical review of Sarbanes-Oxley (SOX) Act of 2002 to assess its success.
1,960 words (approx. 7.8 pages), 4 sources, APA, $ 62.95
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Abstract
This paper outlines the events leading to the creation of the Sarbanes-Oxley (SOX) Act of 2002 and its major features. The author conducts this investigation within the contextual framework of well-known companies Symbol and WorldCom, which were publicly identified as companies that had compliance issues and faced serious failures in corporate governance. The paper also uses the CareNetWest situational analysis for a comparative analysis of risk management and other compliance issues related to the Symbol and WorldCom scenario. The paper concludes that SOX has been able to alleviate or at least deter poor financial reporting that either directly or indirectly had the objective to defraud individuals.
Table of Contents:
Introduction
Preceding the Sarbanes-Oxley Act - Symbol and WorldCom
Outcomes of the Compliance Issues with Symbol and WorldCom - Understanding Sox
Will the Act Be Successful - Avoiding another Symbol and WorldCom?
Comparative Analysis: Compliance Issues with CareNetWest, Symbol, and WorldCom
Conclusion
From the Paper
"WorldCom were the main companies that led to the severe need for SOX. WorldCom in 2002 was fined by the Securities Exchange Commission, after it was found that the company improperly booked $3.8 billion dollars over five years that made revenues looked better than what they were and was used to 'trick' shareholders and investors with a blatant misrepresentation of the company's finances. WorldCom's actions were unethical and purposefully did not account for true cost and expenses which severely overstated profits."
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Age Discrimination and Downsizing, 2008.
Looks at the connection between age discrimination and company downsizing.
2,350 words (approx. 9.4 pages), 9 sources, APA, $ 72.95
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Abstract
This paper explains that, when downsizing in order to cut costs is considered necessary by a company's management, older employees and managers tend to be targeted for termination of employment in far greater percentages than younger employees and managers. The paper then points out that proving there is a connection between downsizing and age discrimination can be difficult to achieve in a court of law. The paper also explains that age discrimination can be concealed by offering other justifications for terminating employment. Examples of age discrimination law cases are cited with the paper.
From the Paper
"It requires courage, but older workers have to stand up for themselves when they are discriminated against. The worst thing to do is to remain silent. Remaining silent just condones age discrimination and encourages employers to discriminate in the future against other older workers who deserve better than to be cast aside. Workers who believe they have lost their jobs because of age discrimination should get in touch with the nearest office of the Equal Employment Opportunity Commission within one-hundred and eighty days."
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Employment Law and Dismissals, 2008.
A case study analysis of five candidates for dismissal by FastServe and the employment law that relates to each case.
1,393 words (approx. 5.6 pages), 4 sources, MLA, $ 46.95
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Abstract
This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.
Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk
From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."
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Contract Law, 2008.
This paper examines the basic elements of legally binding contracts.
1,108 words (approx. 4.4 pages), 3 sources, APA, $ 38.95
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Abstract
The paper explains that contract law has been developed as part of common law and is used to define the necessary parts of the contract and analyze risk in the contract situation. The paper looks at the requirements of a valid and legally binding contract and lists the various types of contracts. The paper also presents an example of an individual making an offer to acquire a property. The paper then looks at the function of communicating and reporting as part of the process of management and risk. Finally, the paper discusses the reasonable person test that can be included as a clause in a contract to help decide potential disputes.
From the Paper
"There are certain elements required of a valid and legally binding contract. A contract is an agreement that involves an offer made and accepted. It is an agreement that is voluntarily created by persons with the capacity to contract. The objectives of the agreement must be legal, and usually the agreement must be supported by some consideration, or a bargained-for exchange of legal value. The law also requires written evidence of the existence of some agreements before they can be enforced, but there are other types of contract that may be valid without a written agreement."
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No Child Left Behind Act of 2001, 2008.
Looks at the leadership of Secretary of of Education Rod Paige during which the controversial No Child Left Behind Act (NCLB) of 2001 was passed and implemented.
895 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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Abstract
This paper explains that the Secretary of the Department of Education (DOE) from 2001 through 2005, Rod Paige, is a controversial figure. The paper describes Secretary Paige's primary responsibility for the initial passage and implementation of the No Child Left Behind Act (NCLB), which has been the most sweeping educational reform legislation in a generation, intended to raise all schoolchildren in the United States to a uniform level of achievement by 2014. The paper then presents several important issues contributing to the failure of the DOE to fully come to terms with the complexities and enforced uniformities of NCLB. The paper concludes that Paige's own controversial stances and excessively strident political viewpoint may have reduced his potential effectiveness during his term.
From the Paper
"Paige went on to note that with over 15,000 individual school districts in the nation, with assessment and governance standards varying almost on a district-by-district level (and certainly on a state-by-state level), he made it a priority for his department to work closely with each state to institute appropriate assessment and accountability programs. He stated that this first goal was accomplished (in 2003) for all fifty states, in large part due to the cooperation of delegations from many states, which had been invited to meet with DOE leadership in Washington, D.C., to discuss their issues and concerns."
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Trade-mark and Patent Infringement Remedies, 2008.
Compares Canadian law and legal practices regarding trade mark and patent infringement remedies.
2,285 words (approx. 9.1 pages), 4 sources, MLA, $ 70.95
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Abstract
This paper explains that, while the legal debates over trade-mark and patent infringement remedies are analogous because both involve some infringement of intellectual properties, clear similarities and differences exist between these two areas of litigation. The author points out that a comparison and contrast of the remedies available in cases of trade-mark and patent infringement suggest that they often differ not so much in the general remedies themselves but in the particulars of their implementation. The paper argues that the belief that remedies are to be treated more as an afterthought than an independent area of study is no longer possible or desirable in the contemporary context.
Table of Contents:
Comparison and Contrast
Reflections
From the Paper
"These Anton Piller orders represent a significant difference between remedies for trade-mark and patent infringement as they reflect how the phenomenon of piracy has developed and evolved in recent years. In such examples, the piracy of intellectual property has no clear analogue in the area of patent infringement. The counterfeiting of products and the deliberate infringement upon trade-marks in order to pass a product off as the work of a previously existing company/organization with a registered trade-mark is a phenomenon of increasing concern today."
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Brown v. Board of Education (1954): Impact on USA, 2008.
An explanation of the "Brown v. Board of Education" case and its impact on American education.
1,963 words (approx. 7.9 pages), 8 sources, APA, $ 62.95
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Abstract
This paper discusses the case of Brown v. Board of Education (1954) that compelled school administrators and school districts to throw open their doors to African-American students after generations in which segregation had been the accepted norm in US education. This paper argues that "Brown v. Board of Education" was historic because it overturned the Supreme Court decisions of the past that had guided and legitimated segregationist education in America for decades.
From the Paper
"The case was significant, first and foremost, because it over-turned Supreme Court precedent. To be more precise, the Plessy v. Ferguson decision of 1896 had upheld the public policy of the state of Louisiana to segregate African-Americans. Particularly, the Court said that Louisiana was fully justified in having separate facilities for African-Americans and for whites as long as though facilities were "equal". In the Court's considered opinion, the Fourteenth Amendment - a constitutional amendment demanding equal protection under the law for all citizens and one that also impels states to treat equally all citizens under their respective jurisdictions - was not violated by the Louisiana policy of dividing black from white. As the High Court chose to interpret the matter, to the extent African-Americans and their sympathizers saw segregation as a sinister plot to suggest the racial inferiority of African-Americans, such a suggestion or intimation only existed because African-Americans chose to put that construction upon the situation. Of course, as it turned out, the High Court was rather profoundly mistaken."
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