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Personal Liability from IDEA, 2008.
This article looks at the implications of IDEA with regards to the personal liability of the school administrators involved.
1,189 words (approx. 4.8 pages), 5 sources, MLA, $ 40.95
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Abstract
In this article, the writer notes that the 'Individuals with Disabilities Education Action' (IDEA) was originally enacted as the Education for All Handicapped Children Act. The writer explains that the intent of the law was to support all states and local governments, departments of educations and school boards to meet the individual educational requirements of children with disabilities that before the enactment of this legislation had been either barred from education, or relegated to secondary status in separate facilities that did not attempt to educate these children. The writer points out that there has been significant progress in the educational outcome of these children, as well as significant litigation. The writer concludes that it is unfortunate that the motivating factor for some school administrators is a direct threat to their personal financial well being, however the true beneficiary of these prospective legal actions is the individual student and society at large.
From the Paper
"In Goleta, a student with special needs, Andrew Ordway, was placed in a school, and School District filed suit against the student and the custodial parent, Cynthia Ordway after a California Department of Education Hearing found that the student was denied his rights to a FAPE as provided by IDEA. The hearing found that the student was placed without proper review of the educational options available, and in compliance with IDEA. The custodial parent counter sued and filed against the director of Special Education, Diana Rigby, for persona liability for the costs associated with the proper placement of Andrew. In general, actions by school officials fall under immunity from personally liability due to indemnity of employees by the state in the course and actions of their official duties. The important ramifications of Section 504, conferring constitutionally protected rights of education that enable the placement of personal liability upon state employees if they abuse their authority "under the color of law"."
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Pedophilia Control In California, 2008.
An analysis of the laws regarding pedophilia in the state of California and a review of the treatment options that are available.
2,020 words (approx. 8.1 pages), 12 sources, MLA, $ 63.95
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Abstract
This paper introduces the psychological condition of pedophilia and reviews the basic laws regarding this issue in California. The paper argues that the best way to protect society is for the psychological and medical community to find a way to prevent child molesters from re-offending once they are released from prison. It discusses examples of treatments and argues that chemical treatments should be used, because this has been shown to be the most successful, and thus is most likely to lower the rate of sex crimes against minors.
From the Paper
"A more promising initiative was also started in 1996, when the California state legislature passed a bill to force paroled, repeat child molesters to undergo a weekly injection of a hormone to reduce sex drive - Depo-Provera. The injection is referred to as a kind of chemical castration. The bill also made it possible for this sentence to be carried out in first-time offenders. Critics say that this is cruel and unusual punishment, in that it stops men for example from becoming fathers, and it may have physical side-effects. On the other hand, proponents of the injection system note that in countries where this has been used, the recidivism rate has dropped to 15%. What this means is that 50% less men are assaulting children. It is argued that the fact that these proven offenders may not be able to have children, and may suffer some mild side-effects, pales into insignificance compared to the fact that so many children will be spared from sexual violation, which may caused them long term suffering. In effect, it means the proven-guilty must suffer, rather than the innocent. If this is what it takes, and if this is the only way to reduce pedophiliac acts, then it is argued that this is the way to go (Van Biema)."
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The Family and Medical Leave Act in the Workplace, 2008.
An analysis of the Family and Medical Leave Act (FMLA) as it applies to the airline industry and Delta Airlines in particular.
2,807 words (approx. 11.2 pages), 6 sources, MLA, $ 83.95
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Abstract
This paper examines the Family and Medical Leave Act (FMLA) which was passed in 1993 and permits employees to take a leave of absence from work in order to take care of a sick family member or because of personal illness. The paper explores the act with respect to the airline industry and to Delta Airlines, in particular. It looks at how a company such as Delta Airlines can exceed FMLA standards and balance its obligations to the employee while also working to preserve its economic sustainability.
Table of Contents:
Introduction
The Family and Medical Leave Act and Social Responsibility
The Family and Medical Leave Act and the Airline Industry
Delta Airlines and the Family and Medical Leave Act
Balancing the Needs of the Company with the FMLA
From the Paper
"Delta Airlines is often used as a representative case study of the FMLA due to its emphasis on the workplace culture. Delta Airlines has historically been focused on employee integration as a means of ensuring a stable and satisfactory workplace for all persons working within the company. Also, after the Reagan Administration cracked down on unionization within airlines in the 1980s, Delta Airlines sought to maintain a fair and equitable working environment through implementing numerous regulatory policies where the workers had control over certain internal policy decisions. While Delta Airlines has never been an employee-owned company like U.S. Airways, it has sought to include the views of the employees in its decision-making policies and also has sought to reduce the distance between the worker and management. This has promoted an environment of inclusion within Delta Airlines, where employees are encouraged to consider themselves valuable contributors to the success of the company as opposed to interchangeable, expendable parts within an autonomous system."
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Child Custody, Women and the Law, 2008.
This paper explores the issues of child custody, the principles of best interests of the child and of the primary caregiver and how women's rights are viewed in terms of international law.
2,533 words (approx. 10.1 pages), 9 sources, APA, $ 76.95
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Abstract
This paper explains that issues of custody, childcare, social responsibility, as well as the structuring of the family and economic relationships all have to be addressed within one context. The paper then argues that the legal and judicial system, both at the local and international level, regularly fails to acknowledge the context and uses approaches based on misguided assumptions. The paper further asserts that principles such as best interests of the child and primary caregiver often function in the interests of the male partner and to the detriment of both the woman and her child. The paper concludes that although feminists are advocating for legislative change at the provincial, national and international levels, it will take time before positive outcomes will be achieved.
From the Paper
"The principle of the best interests of the child has served to guide the law of custody. In order to implement the principle of the best interests of the child, considerations of custodial arrangements are inadequate; what must be regarded as the priority is the quality of the child's life which will be the result of the custody award (Rogerson, 1988). Gender is significant because of economics and the fact that women as custodial parents have a vastly different financial potential than men. Rogerson charges that current family law is unequipped to address the economic issues after marriage breakdown. Crossman and Ryder (2001), for instance, maintain that the legal system needs to avoid assumptions associated with relationship status and focus on the economic and emotional interdependence between the two partners."
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Administrative Law: A Manual for Employees, 2008.
A professional manual for employees regarding issues of administrative law as they would apply to an administrative agency.
1,091 words (approx. 4.4 pages), 10 sources, APA, $ 38.95
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Abstract
This paper presents a professional manual for employees of a specific administrative agency. It briefly looks at administrative law and the procedures the department should avoid to ensure that no legal problems arise. Specifically, the paper outlines the concepts of discretion, credibility (and how applicant credibility is to be determined), standards with regards to bias (that is to say, what will henceforth be expected of subordinate decision-makers) and the extent of duty that will now be expected from all employees.
From the Paper
"Before leaving the issue of credibility, I wish also to point out the manner in which concerns about an applicant's credibility are to be spelled out. Henceforth, if there is a suspicion of deceit, precise instances of deception and contradiction must be noted in the final judgment. As well, particulars and context must be provided whenever a claimant cannot answer a question; in other words, if the client was unable to provide certain information because of extenuating circumstances, that needs to be highlighted. Finally, all decisions rendered by an adjudicator must be carefully examined by that adjudicator to ensure that logical fallacies, inconsistencies and contradictions are not present in the text of the decision - and that there is a complete apprehension of all the facts of the case by the adjudicator. For a good example of precisely the sort of thorough, post-mortem examination of their decisions that I want my adjudicators to undertake (especially with regards to decisions about the credibility of an applicant), please see the court decision in Hilo v. Canada (1991)."
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The NWAC V. Canada Case, 2008.
A critical examination of the "Native Women's Association of Canada v. Canada" court case.
1,478 words (approx. 5.9 pages), 10 sources, APA, $ 48.95
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Abstract
The paper explains the relevant administrative law principles regarding the "Native Women's Association of Canada v. Canada" court case and asserts that in this situation, the Native Women's Association of Canada (NWAC) was given an opportunity to be heard vis-a-vis the issues in dispute, proper procedural guidelines were followed and the Charter prerogatives of aboriginal women represented by the organization were not offended. The paper shows how there is no evidence that the government officials acted in a fashion that could be construed as biased. The paper concludes, therefore, that the government acted in full accord with the principles of administrative justice and the Court ruling substantiates this unequivocally.
From the Paper
"During the constitutional reform discussions that led up to the Charlottetown Accord, various government-funded aboriginal organizations were invited to participate in the debate. Unfortunately, the Native Women's Association of Canada (NWAC) was not invited to participate in this debate. In the view of the aforementioned group, its exclusion from direct funding and from direct participation in the constitutional discussions of the day was a threat to the equality of aboriginal women. In particular, NWAC was troubled at the prospect that the proposals being bandied about with regards to constitutional amendments might very well result in the Canadian Charter of Rights and Freedoms not applying to aboriginal self-government. Suffice it to say, NWAC went to court to prevent any further provisioning of monies to other aboriginal organizations until such time as NWAC was provided with equal funding as well."
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Sexual Harassment in the Workplace, 2008.
This paper discusses sexual harassment in the workplace, focusing on the Thomas-Hill controversy.
1,624 words (approx. 6.5 pages), 5 sources, MLA, $ 52.95
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Abstract
In this article, the writer explains that sexual harassment can be legally defined as sexual behavior that is viewed as intimidating, hostile or offensive in the workplace. The writer then relates that sexual harassment in the workplace was brought to the national stage by the Senate Judicial Committee during the Clarence Thomas hearings in 1991. The writer notes that no charges were ever made regarding the inappropriate behavior of Thomas in the workplace, but it was common knowledge that it was his behavior that put Anita Hill in the spotlight. The writer points out that there were so many allegations in the Thomas-Hill controversy that the issues of oppressed and oppressor were hardly recognizable. The controversy brought into the headlines important issues of race, equality and discrimination against all people. The writer concludes that sexual harassment was the key factor in recognizing how the Civil Rights Act of 1964 had been forgotten.
From the Paper
"Ultimately the question was not whether Anita Hill was telling the truth about being sexually harassed. The question became why the Senate confirmed a Federal Judge with only two years experience with no respect for the Civil Rights Act of 1964 and the people under his tutelage. Why was a Federal Judge nominated without investigation into his behavior with the people he worked closest with?
President George H.W. Bush nominated and sought help from conservatives to put Clarence Thomas on the Supreme Court as a replacement of Thurgood Marshall who was retiring after 24 years on the bench. The political climate in 1991 was far more conservative then it was in 1967 when President Lyndon B. Johnson nominated Thurgood Marshall to the Supreme Court. The Bush presidency followed eight years of the Reagan Administration and the country was being directed towards a more conservative atmosphere."
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Invasion of Privacy, 2008.
An analysis of torts with regards to an invasion of an individual's right to privacy.
1,680 words (approx. 6.7 pages), 7 sources, MLA, $ 54.95
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Abstract
This paper discusses an individual's right to privacy and the results of an invasion of that right. It specifically discusses a tort with regards to invasion of privacy. The paper analyzes the two basic elements that occur with invasion of privacy - the fact that the individual's right to privacy is invaded and the resulting damage that occurs as a result.
From the Paper
"The right of privacy in the private sector has taken on a whole new dimension since the times of Justice Brandies with the advent of the internet, email, YouTube and the myriad of personal blogs raise the specter of anyone becoming a world-wide celebrity. If you doubt the power of the internet to create celebrities out of the ordinary person, recall the "numa numa" phenomenon, the portly college lip syncing into his computer became an overnight celebrity via viral video. This was voluntarily placed on the internet, the repercussions of instant involuntary notoriety where unimagined in the late 19th century when the right of privacy was first put forward by Justice Brandies. There are many personal issues that individuals wish to keep private, and the vast amount of case law regarding all four aspects of invasion of privacy needs to be kept in context of the modern era of the internet, AIDS and the 24 hour cable news station."
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Equality in Community Work Practice in Ireland, 2008.
An analysis of the current equality practices and the long-term plan to combat inequality in the workplace in Ireland.
1,225 words (approx. 4.9 pages), 6 sources, MLA, $ 41.95
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Abstract
This paper discusses equality in the workplace in Ireland. It analyzes the several processes in Ireland that are showing that a long-term plan exists to combat inequality and to reestablish equality among all peoples. It also discusses the role of equality in community work and then briefly summarizes the processes that are currently in place.
From the Paper
"On a national level, there are some key goals to reach this equitable society. For example, Pobal in 2007 seeks to expand their partnerships that offer services to the unemployed, community development, and community based youth initiatives to cover the entire country (Pobal). This national coverage will bring a consistent growth of equitability to the nation. Similarly, the Combat Poverty Agency seeks to provide stronger access to quality services in 2007, also focusing on stronger distribution of income (Combat Poverty Agency)."
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The Patriot Act and Private Security, 2008.
This paper considers how the implementation of the Patriot Act has altered the scope of private security within the United States and abroad.
1,942 words (approx. 7.8 pages), 5 sources, APA, $ 61.95
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Abstract
This paper discusses how the Patriot Act has supported the expansion of private security within the nation and globally. The paper relates that this growth has become a positive factor for the nation, its businesses and the government because of the expertise that private security officers can provide. The paper also explores, however, the negative outcomes that have been associated with private security agencies who have used the power awarded to them under the Patriot Act to function inappropriately and arbitrarily determine the fate of innocent people. The paper concludes that the continued success of these agencies will be dependent on their ability to apply the provisions of the Patriot Act in an ethical manner.
From the Paper
"The United States Patriot Act, or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was signed into law in October of 2001 following the terrorist attacks of September 11th. It was the intention of the act to provide for federal authority to gather information, provide for knowledge about terrorists prior to their ability to act against the United States and aggressively monitor suspected activities in order to prevent the events of 9/11 from reoccurring. While there did not appear to be initial significant changes in the private security industry following the 9/11 attacks related to procedure, as time has progressed the focus on terrorism has monumentally changed the core of private security functions for many personnel. This has created conflict for some agencies that have been forced to release information that is confidential to the support of businesses and the individuals that interact with those companies."
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Statutory Interpretation in "Nguyen; R. v. Hess", 2008.
A case study presentation of the case of "Nguyen; R. v. Hess" and discussion of the federal statute Section 146(1).
2,082 words (approx. 8.3 pages), 6 sources, APA, $ 65.95
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Abstract
This paper discusses Section 146(1) which is a federal statute insofar as it falls under Canadian federal criminal law. The paper begins by presenting the case of "Nguyen; R. v. Hess" in which Victor Hess and Van Nguyen were each charged with having sexual intercourse with a young woman under the age of fourteen - an activity that clearly contravenes section 146(1) of the Canadian Criminal Code and its prohibition against statutory rape. The paper discusses the case and the history of the laws in Canada.
Table of Contents:
Case Brief
Facts
Procedural History
Legal Arguments
Issues
Decision
Reasons for Majority Decision
Ratio (Guiding Rationale of the Majority)
Obiter Dictum
Dissent
The Essay
From the Paper
"The parliament has the regulatory authority to re-shape as well as introduce bills that, with the assent of both Houses, can become law under the Canadian Criminal Code. With regards to Sections 151 and 152 of the Code, there is presently a movement afoot to elevate the age to which a child can lawfully consent to sexual activity from 14 to 16. Of course, the Parliament (and the government, of course) is rather constrained by the dictates of the Canadian Constitution; more specifically, the modifications made to any section of the Criminal Code must align with Section 7 and Section 15 guarantees of the Charter unless the implicit concept of proportionality as outlined under Section 1 of the Charter permits otherwise. In that sense, members of the federal judiciary have ultimate power in assessing the merits of the law."
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Capital Punishment in South Carolina, 2008.
An analysis of the capital punishment laws in South Carolina compared to other states and a discussion over their future.
1,678 words (approx. 6.7 pages), 10 sources, MLA, $ 54.95
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Abstract
This paper discusses the history of the capital punishment statute in South Carolina from 1912. It discusses the debate over the laws and the current situation. The paper also compares the capital punishment laws between the different states and how they have been applied. In addition, the paper examines the arguments against the death penalty and suggests that the death penalty will slowly deteriorate into nothing.
From the Paper
"Basically, there are some people who believe that the death penalty should continue especially if they were victims or relatives of the victims. If the death penalty happens in one or two states only and people see that the murder rate declines when trials are set in those places, the boundaries would definitely change. In other words, if a murder happened in Columbia, South Carolina and the trial was set in Texas since the death penalty exist and all evidence pointed that way and was convicted, sentence to die, and executed; other states may join in to decrease murder rates."
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