Law Essays


Hospitality Law Essay

Redskin Trademark Facts Many sports teams use Indian logos and names as their moniker. One such team is the Washington Redskins. There are many people, both Indians and non-Indians, that say that the use of such logos is wrong and that the word “redskin” is racist. However, not all people (even including many Indians) agree on this matter (Cox et al, 2017). Issue The issue to address is whether the trademark/patent and other offices have the right to impose a rule or guideline based on the presumption that “redskin” is racist. There is, of course, the question of whether there Continue Reading...

10th Amendment and the Supremacy Clause

Authority of the United States, shall be the supreme law of the Land" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard to choose which one to strike down. This is because through these laws, the Constitution lists powers the United States federal government has. With regards to the Tenth Amendment, anything not on the list… Continue Reading...

Covenant Of Exodus and How to Preach It

ancient Near Eastern covenants in its ability to permeate common law and not simply remain within the province of priests. The Pentateuch becomes law under the new covenant, solidifying Jewish cultural and political identity. Preaching to Christians about the covenant outlined in Exodus can be tricky, but essentially entails contextualization. Far from being negative, the original Sinai covenant singularly expresses God's commitment to upholding His end of the bargain. Moreover, the covenant in Exodus shows how human beings can come to accept boundaries and rules as being beneficial for spiritual, social, and political development. The covenant is not simply… Continue Reading...

Civil Rights and Religion

to find the right balance between religion and civil law, however the underlying principles of the need for the separation have been a core component of the country's development. • The balance between the powers of church and state can be complicated in many cases, the existence of the balance provides a level of stability. Main Point 2: In today's society the tension between religion and civil rights is a salient as it has ever been. • The constitution protects individuals from discrimination in the public sphere by guaranteeing a set of basic rights and freedoms. • However, there… Continue Reading...

California Drought

are literally painting their grass green because watering the grass into health is not allowed for under the law. Something that makes the proverbial knife go deeper with the California water restrictions is that while agriculture is exempt from the cutbacks despite them using 80% of the state's water, the revenue from those agricultural efforts makes up only two percent of the state's economic dollar flow. In other words, the agricultural people are using eighty percent of the water yet they only account for two percent of the revenue. There is a factor of forty in between those two… Continue Reading...

Criminal Process from Arraignment to Pre Trial

Criminal Process; Arraignment to Pre-Trial The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to… Continue Reading...

Mcardie Estate Vs Cox

abiding by practice standards. Malpractice and neglect are perhaps the aspects most carefully covered by healthcare policymakers. Healthcare law may be considered distinctive in the legal sphere, as it is one subdivision that affords numerous scholarship approaches a chance to succeed (Jocelyn, et.al, 2002). Healthcare law is an interdisciplinary and dynamic domain, with numerous legal, scientific, economic, social, political and philosophical grounds for its dynamism. Case Summary McArdie Estate v. Cox was an appellate court case. Gastroplasty reversal surgery was performed on the deceased patient on 26th June, 1995. Gastroplasty refers to a weight-loss tactic of stapling the stomach; the… Continue Reading...

Exclusionary Rule in Terry Vs Ohio

could not just say he had a "hunch" that the person searched was about to violate the law: the officer would have to be able to point to a specific characteristic that made him suspect the individual in question. However, this Supreme Court case eventually led to the allowance of the detainment of persons -- of searches and seizures such as traffic stops -- or the kinds of searches that one must undergo when flying. The Terry frisk initiated a snowball effect of more and more leeway on the part of law enforcement and security personnel to be able… Continue Reading...

Godbeers Salem Witch Trials

may have a played role in bringing together accusation from non-credible sources, however, the law and order eventually dismissed and kept such behavior at Salem and not the rest of the colonies. law and order did eventually win out in the end, but not without sacrifice. Accused witches even with little evidence supporting their conviction because of the demands of the public. Godbeer explains on page 120-125 that the events in Salem should count as a warning of what could happen should reason and logic fall in the way of religious zealousness. Godbeer highlighted the political and moral motive… Continue Reading...

Court Case Review in Re Winship

command the respect and confidence of the community in applications of the criminal law," ("In Re Winship"). The Supreme Court decision underscores the unnecessary nebulous nature of the "preponderance of evidence" clause that had tainted the original Family Court case, noting that such "abstract weighing of the evidence" is "susceptible to misinterpretation," ("In Re Winship"). The justices also write that the "reasonable doubt" standard "plays a vital role in the American scheme of criminal procedure. It is a prime instrument for reducing the risk of convictions resting on factual error," ("In Re Winship"). Given that juveniles are frequently tried… Continue Reading...

Impact Of Stop Frisk Policy in New York

contraband, and weapons. The rules are cited in the Section 140.50 in the New York criminal procedure law. In 2011, the NY police force used the frisk policy rule to stop approximately 685,724 people, however, the number reduced to 22,939 in 2015. The policy has become a controversial issue because over 5 million people were frisked during the first decade after introducing the policy. In 2002, the numbers of the reported cases were 685,724 in 2011 before slashing down to 533,042 in 2012. The goal of stop and frisk policy is to reduce the incidence of violent crimes and… Continue Reading...

Nazi Persecution Of Jews

parts of the world. There was an evolution and progression within the law as well. There was a ban on hate speech in Vichy/France but that was done away with in 1940 after France was invaded. Beyond that, leaders that were blatant anti-Semites were able to rise to power. Laws that allowed and called for the seizure of Jewish property, one of the logistical concerns that arose when it came to getting rid of the Jews, were put into place. In short, the mindset about the Jews changed and they went so far as to change the laws and… Continue Reading...

Working Women Breastfeeding

it in brief, breastfeeding helps improve communities' health status. It is a fundamental human right; international law and the 1993 Human Rights Act afford women breastfeeding rights and safeguard them from being discriminated for breastfeeding. Likewise, if a baby's mom is able to, or desires to, breastfeed, the child is entitled to enjoy that right to good health. The protection, promotion and advocating of this right will help ensure babies, their parents, the whole family and the overall community experiences its health benefits. The action plan aims at ensuring exertion of this right in the routine lives of mothers… Continue Reading...

Tort Case Study for Ron and Print It

be any sustainable claim for emotional distress. References Edwards, J S; Wells, P K. (2016). Tort law. New York, Cengage Learning Franklin, M A; Rablin, R L; Green, M D. (2015). Tort law and Alternatives: Cases and Materials, Foundation Press Glannon, J W. (2015). Examples & Explanations: The law of Torts, New York, Wohters Kluwer Kircher, J J, (2007), The Four Faces of Tort law: Liability for Emotional Harm, Marquette law Review. 90 $), 789 -- 920, Available at: http://scholarship.law.marquette.edu/mulr/vol90/iss4/3 Continue Reading...

Police Vehicle Pursuits

Police Pursuit The law enforcement system's need of pursuing suspected lawbreakers has, perhaps, existed ever since the very first laws to tackle crime have been written. Right from the era of human traveling on foot to horse-riding to today's motorized transport, it is highly evident that police pursuits may be highly dangerous. The year 2003 witnessed approximately 35,000 pursuits of criminals across America, with 14,000 (i.e. almost 40% of these pursuits) ending in car crashes. No less than 50% of these 14,000 crashes gave rise to… Continue Reading...

Public Health Law Case Study

Public health core function that is principally addressed by the author is law. As pointed out by the author, public health law infrastructure that is sound is imperative for the reason that it institutes the powers and duties of government to safeguard injury and disease and promote the health of the population (Gostin, 2008). There are examples of how law is used in public health. To begin with, at a personal and individual level, this core function can educate, generate inducements, deter as well as punish. A good illustration is in the sense that health communication promotions provide education… Continue Reading...

Changing the Dwi Legislation for Missouri

with inflation, and a mandatory IID device to be fitted after the second offence.  This is based on the existing law, with increased fines increasing the potential deterrent. The clause allowing for inflation will allow the real value of the fines to be retained if the law is not revised for some time. The compulsory IID is moved to the second office from the third offence, as this demonstrated that the initial punishment and deterrent was not sufficient. This may help to increase safety and reduce accidents, and may prevent further reoffending.  Works Cited  Fell, J C, and R B… Continue Reading...

Obtaining Informed Consent in Ontario

notes, "Legally, treatment without consent is permissible only where common law or statute provides such authority" (p. 96) and in the case of the schizophrenic patient who refuses to take the prescribed medication the question comes down to whether the person is legally capable of making a decision. If so, then he has every right to refuse treatment; if not, treatment may be given him. This is the essence of the Health Care Consent Act, which is used to determine whether such a person as the schizophrenic patient is capable of deciding for himself (Downie, Caulfield, Flood, 2011). The… Continue Reading...

Eye in the Sky Film

able to depict the ethical weight carried in the mission's numerous roles (Westmoreland, 2016). In this film, the law is omnipresent and critically examines the change of mission from capturing to killing. This law is rejected but it is subsequently approved through the use of legal language as well as application of the legal criteria. Even though, it is clear that the chain of command is adhered to, to the latter. Apparently, there is the running of a complicated calculation involving collateral damage. The calculation is run and rerun until the correct outcome is reached. Colonel Powell turns to the… Continue Reading...

Drone Strikes and Politics in Movies

the Sky. [Feature Film]. Kreps, Sarah E. and Wallace, Geoffrey PR. "International law, Military Effectiveness, and Public Support for Drone Strikes." (May 19, 2015). Available at SSRN: https://ssrn.com/abstract=2608137 or http://dx.doi.org/10.2139/ssrn.2608137 Maurer, Kathrin. "Visual power: The scopic regime of military drone operations." Media, War, and Conflict, April 7, 2016, doi: 10.1177/1750635216636137 Miller, Greg. "Under Obama, an emerging global apparatus for drone killing." The Washington Post. Dec 2011, Retrieved online: http://www.agriculturedefensecoalition.org/sites/default/files/file/drones_517/517X_2_2011_Under_President_Obama_Emerging_Global_Apparatus_for_Drone_Killing_The_Washington_Post_December_27_2011_Entire_Article.pdf Continue Reading...

Medical Marijuana Growing in Butte County

was not until the Prohibition Era of the 1920s that marijuana began to be prohibited by law in the U.S.—and within a decade, it was regulated among most states under the Uniform State Narcotic Act.2  Thus, from its very first days as a crop grown by the Virginia Company for exporting to England by decree of James I—and in fact from the days of the first President of the U.S. George Washington growing hemp as one of his main farming crops—to now, whereupon marijuana is making a resurgence (if not for its industrious uses then at least for its… Continue Reading...

Community Planning Methods That Involve Legalization Of Recreational Marijuana

legalize an industry that was illegal under the laws of the state and is still illegal under federal law. Jurisdictions that have legalized the use of marijuana should embark on policies that will promote public health and ones that will monitor and control the production of marijuana. The message in this essay is to urge community leaders and planners to institute effective controls for the production and distribution of marijuana and its products and monitor taxation if they wish to realize the intended objectives. Background and Context of the Research California became the first state in the U.S. to… Continue Reading...

Contract Law and Modern Communication

are essentially a one-way form of a communication? This paper will examine the case law that surrounds the evolving field of electronic communication, and how case law has dealt with modern methods of communication. Application of the Mailbox Rule The mailbox rule in contract law reflects the idea that a meeting of the minds is achieved when acceptance is communicated to the offeree, when the acceptance enters the postal system. Where instantaneous means of communication are concerned, the mailbox rule applies to everything from faxes to telex machines, and it is the precedent established for these archaic devices that… Continue Reading...

Questions Concerning Employment

program. 2. In the article discussing global impact, the authors discuss in a section titled "Lessons for Global Integration law" that numerous developing nations stay poor amidst a wealth of natural resources and this can be attributed to a lack of effective competition laws, liberal trade, and effective human rights. "Lack of effective legal and judicial protection of liberal rights and property rights inhibits investments and acts as incentive for welfare-reducing private and governmental restrictions of competition and collaboration between cartelized industries and authoritarian governments" (Petersmann, 2002, p. 13). Take that kind of thinking into ALMPs and program types, if program… Continue Reading...

Boko Haram and Nigerian Terrorism

Nigerian government and replace it with an Islamic state based on Sharia law. Boko Haram is inspired by international radical Islam, and has taken root in northeastern Nigeria. Violence is integral to the Boko Haram methods. More than 3500 people have died so far directly due to Boko Haram. The Nigerian government has tried negotiations and offers of amnesty in exchange for peace, but mutual mistrust has stalled diplomacy. Both carrot and stick approaches have failed. Moreover, Boko Haram is relatively fragmented, and different cells have different approaches to the Nigerian government and different political philosophies. Ultimately, Boko Haram… Continue Reading...

Islam and the Turkish State

to manifest to this day. Brief Historical Overview During Ottoman times, religious law co-existed with civil law. Ataturk, after founding the Republic of Turkey, denied Islam status as the state religion in 1928 as the culmination of reforms that started in 1919 after the defeat of the Ottoman Empire in the First World War. The state is not irreligious, but rather takes a view of religious neutrality. The first two articles of the Turkish Constitution establish the republic as the form of government, and that "the Republic of Turkey is a democratic, secular and social state governed by rule of law..."… Continue Reading...

International Law on Overt and Covert Interventions

The international law is the universal rules and principles guiding the conducts and relations between nation-states, and international organizations. The modern concept of international law started in the 17th century, and has been accepted as the rules and conducts guiding the relations among nation states. In the contemporary international environment, rules and principles guiding the states' conducts have become critically important to maintain international peace and security, and preventing violation and aggression. However, the principle of the international law prohibits the use of force against other state… Continue Reading...

Global Governance Human Security

and possible ways for complaint. In domestic societies, the internalization of human rights standards, by means of law and culture is of paramount significance for the agreements to become universally effective. According to Hirschmann, the reporting mechanism and awareness-raising drives of NGOs and transnational organizations, for instance, the UN Office of the High Commissioner for Human Rights continues to be significant because of the lack of international enforcement methods. Lastly, I am also interested in addressing the execution gap in global leadership. There should be a sanction to nations that are unwilling to instigate treaties, while the presidency over… Continue Reading...

Interpreting Biblical Text

the man's lineage and name from being extinguished as stated in Mosaic law in Deuteronomy 25:5-6. Onan was greedy and selfish because he wanted inheritance for himself and the family, which made him to spill semen on the ground when having intercourse with his brother's wife. On this basis, Onan was wicked before God's sight because of his selfish and greedy ambitions. Therefore, this Scripture has nothing to do with masturbation, but focuses on Onan's greed and selfishness. 3. Exodus 21:22-23 This verse has been used as a proof-text to prohibit abortion. Based on the text itself, the verses… Continue Reading...

Nigeria Boko Haram and African Terrorism

systematic corruption. Boko Haram has evolved beyond an agenda of Islamic fundamentalism and Sharia law towards a complete platform promising socio-economic empowerment to Nigeria's most vulnerable populations. Understanding Boko Haram requires acknowledgment of the socio-economic and political forces that impacted its initial development and ensure its ongoing success in securing new recruits. Government responses have neglected to frame Boko Haram in terms of root causes and conflict theory. Conflict theory, deprivation theory, and gender theory will become the most fruitful methods of analyzing Boko Haram with an ultimate goal of offering sensible and implementable solutions. Agbiboa (2013a) also suggests that… Continue Reading...

False Confession Phenomena

This counterpoint reveals that there are certain circumstances in which law enforcement have taken active measures to determine the truth without the presupposition of guilt or the outcome of a jury trial. Finally, the paper deconstructs those specific circumstances prior to concluding they are largely inapplicable to the vast majority of interrogations relevant to the court cases examined within this document. Broad Discussion of the Literature in a Funnel Format False confessions do not occur infrequently within the criminal justice system. There are a variety of reasons explicating this reality, ranging the gamut in scope and focus. On the… Continue Reading...

Marbury V Madison Case

entitlement to the commission, he should be offered a remedy by the law. Marshall further stated that the courts were especially duty-bound to safeguard citizens' rights -- even if it was against the nation's president himself. At that time, his ill-disguised reprimanding of President Thomas Jefferson regarding the rule of law proved a lot more controversial compared to his proclamation regarding judicial review (a doctrine that was commonly accepted). When it came to resolving the last question (i.e., was it the right remedy for the US Supreme Court to issue the 'mandamus' writ?), the Chief Justice tackled the judicial… Continue Reading...

Over Privileged Child

of wealth may be associated with privileges, for example, if I got into trouble with the law I can afford the best lawyers to help to get me out of trouble, giving the impression I am not subject to the usual rules. In the same context knowing other people who wield power may also be beneficial, as they may use influence to help me, influence that I can only access due to my social standing which is also related to wealth. This creates privileges, and may be seen as unfair, and has the potential to create a disparate outcome… Continue Reading...

Annotated Bibliography on False Confessions

in my research because it shows not only that false confessions occur due to bad law enforcement procedures, but also that there is a widespread misperception of how pervasive the problem has become. Garrett, B.L. (2010). The substance of false confessions. Stanford law Review 62(4): 1051-1118. This article examines the content of interrogations, including what was said by the interviewer and by the suspect. Garrett (2010) also shows how the text of the confession is used during key moments in the criminal justice procedure, leading to what the author calls "confession contamination," (p. 1051). Because the interviewers plant ideas… Continue Reading...

Incompatibility Between Islam and Human Rights

Islam. The objective of this document is to explore the incompatibility between Islam and Human Rights. Statement of Problem The Islamic law has been identified as one of the multifaceted, complex and misunderstood law guiding the human conducts in the international systems. The Sharia law is complex because it is grossly over-generalized and understudied. Regretfully, the Islamic laws are often linked with a discriminatory and inhuman treatments having no respect for the human rights. The debate that remains unsolved is about whether Islamic law is compatible with the universal human right standards. Incompatibility between Islam and Human Rights The UDHR is recognized… Continue Reading...

Importance Of Gender in International Relations

and women in world politics.  The first part shows that gender relations are crucial in international law and politics.  The second part shows that incorporating both genders in IR discourse helps in establishing fair social policies and inclusive peace strategies.  The third part will demonstrate that gender plays a major role in formulating policy agenda in international relations.  The paper concludes that gender is important in IR in terms of formulation of policy agenda, international law and politics, and development of inclusive peace strategies and social policies. Role and Significance of Gender in IR  As previously indicated, gender has… Continue Reading...

California Vs Greenwood

to a violation of the Fourth Amendment. The case under review touched on the protections extended by the law in the 4th Amendment including the exclusionary limits. The question arises on what exactly the limit of an individual's privacy penumbra is. There is a question as to how an individual's trash content becomes public property. Is trash that has been removed from a person's house and prepared for collection property that can be subjected to public scrutiny? Does one's right to privacy extend all the way to the garbage dump? Should one expect privacy even after it has been exposed… Continue Reading...

Supply and Demand

that consumers are willing and able to purchase at any given price over a given period of time. The law of demand asserts that ceteris paribus the lower the price of a commodity, the greater the quantity demanded by the individual and vice versa. The inverse relationship between price and quantity is reflected in the negative slope of the demand curve as indicated above. An increase in the price of the commodity gives rise to the decrease in the level of demand. This can be perceived in the prices of gasoline in the 10 different gas stations. For instance,… Continue Reading...

Terry V Ohio Court Case

Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;  And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw). Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as… Continue Reading...

Gensin Case

legal issues, from the regulatory requirements of marketing through to employment and health and safety law, as well as issues such as product liability for the research and development department (MacIntyre, 2014). As May will also be looking at the way services may be allocated with the aim of reducing the number of suppliers, the potential for single firms to provide for different needs may also be considered, which may also mean that as the task progresses external members of legal firms may be invited to participate as some meetings. The team members are important as they are able… Continue Reading...

Noir Film Double Indemnity and the Femme Fatale

chain of events that eventually leads to his fall (bleeding and waiting for the law to come for him) and Stanwyck's death (at his hands). The web of deceit that she weaves is her own undoing and the film suggests that playing with a man's emotions (and loyalty) is a good way to end up dead. As Boozer points out, "the sexual seductress of Hollywood cinema has a long and varied international lineage" (20) -- meaning the type played by Stanwyck was not of strictly American genealogy. The femme fatale is, in fact, as old as the story of… Continue Reading...

The First Amendment and Texas Law

This essay is on the law cases Virginia v. Black and Texas v. Johnson. Issues before the Court The issues before the court in the two cases were related to the first Amendment about the speech. Hate speech, in particular, was the concept that was analyzed. In Texas vs. Johnson, the issue was whether cross burning is one of the constituents of symbolic speech as provided by the First Amendment. In Virginia vs. Black, the issue was whether cross burning statutes in Virginia or any other state as… Continue Reading...

Argos Shipping Company Business Plan

department will be responsible for drafting the "contracts for new buildings, company law, national/international taxes, purchase/sale of ships. The company lawyer is also often on the Managing Director's staff, and/or secretary to the Board of Directors. Frequently, this department will often also handle marine and other insurance matters that may arise of a legal nature." (Pearson, 2002 p 3). The administrative department will be responsible for internal control, internal service and personnel. The internal control is to ensure that all the company activities are carried out based on the company policies in accordance with the national and international law.… Continue Reading...

Redskin Illegal or Racist

Title VII, hate speech laws, etc. (Cox et al., 2017). Rule of law Even if the trademark office has yanked Redskin as a usable name, there is not a clear violation of the law and there is rampant disagreement about whether redskin is a racist term. It would seem to come down to political ideology versus an unwillingness to change the mascot on the part of Dan Snyder (owner of the Redskins) (Cox et al., 2017) Application of law Until or unless the use of "racist" terms and mascots is banned, it is unlikely that the impasse will be resolved… Continue Reading...

Miscarriage Of Justice in Gideon V Wainwright

represent Gideon based on the clear chances of success in repealing the law. The Supreme Court ruled in his favor and determined that he was entitled to a lawyer. The lasting impact is that everyone in America is entitled to a counsel regardless of the offense that he or she has committed. The aim is to ensure that justice is attained by providing the defendants with a good hearing (Owens et al., 45). A poorer defendant does not get the justice that he or she deserves based on the underrepresentation that is evident in the American justice system. In… Continue Reading...

Worldcom Accounting Fraud and the Law

distort the public's perceptions of the company's profits, not merely to comply with existing regulations. Even when the law allows figures to be reported in a particular manner, if it causes distorted perceptions of profitability, this should be noted in the company's report. WorldCom also withheld documents and altered records, neither of which were caught in the original audits of the company by Arthur Anderson. Why were the actions of WorldCom managers not detected earlier? What processes or systems should be in place to prevent or detect quickly the types of actions that occurred in WorldCom? WorldCom repeatedly denied… Continue Reading...

Transparency and Governance

citizens may be breached. References Johnston M., (n.d). Good Governance: Rule of law, Transparency, and Accountability. http://unpan1.un.org/intradoc/groups/public/documents/un/unpan010193.pdf UNESCO, (2017). Media and Good Governance. http://www.unesco.org/new/en/unesco/events/prizes-and-celebrations/celebrations/international-days/world-press-freedom-day/previous-celebrations/worldpressfreedomday200900000/theme-media-and-good-governance/ Shanab E., (2017). The Relationship between Transparency and E-government: An Empirical Support. http://subs.emis.de/LNI/Proceedings/Proceedings221/84.pdf United Nations Human Rights., (2017). Good Governance and Human Rights. http://www.ohchr.org/EN/Issues/Development/GoodGovernance/Pages/GoodGovernanceIndex.aspx Continue Reading...

Judaism Religion Teachings and Festivals

analysis of the Talmud and explains matters about the Mishnah Talmud is part of the Jewish law relating to civil and ceremonial legal practices. It comprises of the Mishnah and the Gemara Kosher is a term describing the preparation (mainly of food) as per the direction of the Jewish teachings and laws. Torah are teachings in Judaism mainly from the five books of Moses. They form the fundamental teachings of the moral behavior of the Jews. Q2 Reform is the part of Judaism that tries to make the traditional Judaism progressive by introducing certain reforms that could make it compatible… Continue Reading...

Andrea Yates Case

criminal tendencies. If one cannot differentiate between right and wrong, applying the law rigidly as it is serves no purpose (Francone, 2016). Which test does New York State use? Is this a successful defense - why or why not? Explain. New York applies Model Penal Code Rule. The rule places the burden of proof on the defendant (The Insanity Defense Among the States, 2017). The rule gives the legislative authorities the freedom to choose between wrongfulness and criminality language options. Thus, the legislative bodies have the liberty to use more legalistic view of right and wrong. They may also… Continue Reading...

The Bernard Goetz Shootings

was found dead of an apparent overdose at 11:30 a.m. yesterday at the Paradise Hotel at 2990 Boston Road, law-enforcement sources said last night." (Saul) He and the other victims came out of the crime without any compensation. They were also made out by some to be nothing more than criminals that deserved the shooting. Even today, some hail Goetz as a hero. 2. Because of the 'Black Lives Matter' movement, things would have been much different. The movement sparked interest in the increasing crime against blacks in America. Especially with technology and smart phone use, most likely someone… Continue Reading...

Reflection on Holistic Victim Restitution Plan

criminal justice system has focused on promoting the creation of policies that seek to lessen victimization and enforcing the law. Additionally, the administration of justice and law enforcement in the criminal justice system has involved prioritizing the safety of victims in order to help reduce crime victimization. This process has involved ensuring that criminals are punished for their crimes based on the law. While these approaches have helped in dealing with victimization, they are inadequate to resolve the increased vulnerabilities of individuals and groups to crime victimization. These approaches seemingly focus on protecting victims after the occurrence of a… Continue Reading...

Theory Vs Practice Explained

the Role of the Corporate Regulator in Enforcing Duties Owed by Corporate Directors and Managers', European Business law Review, 26, 1, pp. 49-73, Legal Collection, EBSCOhost, viewed 3 May 2017. RIZZO, A, & FULFORD, H 2012, 'UNDERSTANDING SMALL BUSINESS STRATEGY: A GROUNDED THEORY STUDY ON SMALL FIRMS IN THE E.U. STATE OF MALTA', Journal Of Enterprising Culture, 20, 3, pp. 287-332, Business Source Premier, EBSCOhost, viewed 3 May 2017. Sepe, SM 2017, 'Board and Shareholder Power, Revisited', Minnesota law Review, 101, 4, pp. 1377-1455, Legal Collection, EBSCOhost, viewed 3 May 2017. Smart, P, Maddern, H, & Maull, R 2009, 'Understanding… Continue Reading...

Protection Of the Victims Of Crime

may be appearing in court as complainants or witnesses. The justice system has acted within the law to recognize the victimization of victims of crime and have developed several legal mechanisms that help in protection of the victim from victim blaming and undue media coverage (Victims of Violence, 2007). Week 2 - Discussion 2 There are various measures that can be taken to bring victim blaming to a stop in the contemporary society. There is need to believe the victims and give them a hearing of their claims. There is also need to hold the perpetrators of the various… Continue Reading...

Police and Public Relations

cannot or will not act within the confines of the law. There are certain rights that only police officers have and civilians do not. 4) What are your own thoughts/feelings/ideas about the video? These volunteer forces, on the whole, are a good thing. However, those groups must be implored to know what they should do, what they should not do, what they can do (legally) and what they cannot do. A better solution would be volunteer police officers that donate their time but are fully-sworn officers. Those sorts of officers can be leveraged when things get hairy. Videos Two:… Continue Reading...

Community Policing and Justice

arguments. A discourse on its many connotations offers dynamic players on opposite sides of law enforcement lines a peaceful way to promote fairness via exchanges and interface. The requisite interface transcends the "no justice, no peace" principle. However, defining the term 'justice' would be a fine way to begin (Walton 10). State and federal level regulation safeguards citizens of the nation against abuse as well as other similar violations on the part of law enforcers and other governmental authorities. Police abuse victims may individually sue both policemen and the local governmental bodies employing those officials (Advice Company Staff 3).… Continue Reading...

The Birth Of Jazz in New Orleans

in the way Buddy would strut his music around in the face of the law and the people would sing along. The police wouldn't like it, but they did not care. Still, Buddy's story is sad because he ended up going insane -- and his story reflects the larger story of New Orleans, a city that essentially has fallen apart. The whole soul of the city seems to be carrying this weight of sadness and I think Buddy was part of that for a period and helped to express it in a way that was light. That is how… Continue Reading...

Ethical and Legal Considerations Intellectual Property and Product Safety

relation to marketing and advertising, intellectual property, and regulation of product safety. Be sure to identify the law in these areas and the extent to which PharmaCARE violated the law. All business outfits need a strategy for marketing in order to succeed. Indeed, while some of the strategies used may be written, some businesses use unwritten strategic marketing plans. Embracing marketing ethics makes sure that all stakeholders remain in a balanced and sustainable association. When ethical standards are violated by a business, it hurts the relationship that exists with the consumers and other important stakeholders. The drugs segment of… Continue Reading...

Guantanamo Bay Essay

alleged enemy combatants in the War on Terror at Guantanamo Bay Naval Base (Guantanamo) in Cuba (Constitutional law - Guantanamo Habeas - D.C. Circuit Holds That Petitioner Was Properly Detained as ‘Part Of’ Enemy Force, 2014, p. 2138). Today, despite more than half of the prisoners at Guantanamo Bay having been recommended for transfer out of the detention center by a presidential task force, these prisoners remain incarcerated (Constitutional law - Guantanamo Habeas - D.C. Circuit Holds That Petitioner Was Properly Detained as ‘Part Of’ Enemy Force, 2014, p. 2138). During both presidential campaigns, President Barack Obama promised to… Continue Reading...

Texas Law Cases on Theft

method of entry he utilized to access the premises. Works cited "Jewell V. State." Justia law, 1996, https://law.justia.com/cases/indiana/court-of-appeals/1996/51a01-9506-cr-192-9.html. LaFave, Wayne. Criminal law. 6th ed., West Academic, 2017. Samaha, Joel. Criminal law. 12th ed., Cengage Learning, 2016. "Sonnier V. State, 849 S.W.2D 828 – Courtlistener.Com." Courtlistener, 1992, https://www.courtlistener.com/opinion/1722690/sonnier-v-state/.   Continue Reading...

Kant’s Notion Of ‘perpetual Peace’ in Managing Peace

organizing their country into a liberal world where states are law regulated (Carothers, 1997). The sanguine nature of Kant concerning the prospects of peace looks at the ultimate goal for nations is an unachievable idea. Human beings are naturally antagonistic. Their existence in intelligible and sensuous worlds predisposes them to engage in wars to prove their might. However, they should apply the laws of reason, but it should be noted that the reason in question is not common to all humans. Therefore, some people may choose to disobey the law to the detriment of invoking war, and this confirms… Continue Reading...

Sexual Assault and Legal Standards

the conclusion that the Pennsylvania rape statute required extrinsic force. According to Pennsylvania law, rape may occur either by “forcible compulsion” or the threat of forcible compulsion which “would prevent resistance by a person of reasonable resolution” (“Commonwealth v. Berkowitz”). The Pennsylvania court interpreted this wording as meaning that direct, extrinsic force or the threat of such force was required for an act to constitute sexual assault. Q2. LIST all the facts relevant to deciding whether Roberts Berkowitz’s actions satisfy the extrinsic force requirement. Berkowitz pushed the victim down on his bed, straddled her, and ignored her statement that she… Continue Reading...

Judges Code Of Conduct Improvement Strategies

provided recourse for a judge who violates the constitution and the rule of law. For instance, a person who fails to obtain justice from a court of law has the right to seek redress at the Court of Appeal and ultimately at the Supreme Court. This systematic system enables one to seek equality when he or she feels that the lower court has violated the provisions of the constitution and the existing law (Sharpe, 2010). Secondly, judges who violate the provisions of the constitution in their judgment and overall conduct must face prosecution. Whereas judicial immunity covers judges’ judicial… Continue Reading...

Unreasonable Searches and Seizures Article Reviews

of contesting the word of an officer in a court of law. Greenhouse, L. (2014). The Supreme Court Justices have cellphones, too. The New York Times. Retrieved from: https://www.nytimes.com/2014/06/26/opinion/linda-greenhouse- the-supreme-court-justices-have-cellphones-too.html This article suggests that while the US Supreme Court justices are sworn to uphold the law, their own personal biases and experiences may influence them. Author Greenhouse (2014) notes that one reason the Court may have drawn the line permitting luggage to be squeezed without probable cause is that as passengers they may have found such practices personally distasteful and intrusive—and thus were motivated to see such actions as… Continue Reading...

Criminal Law Cases Examinations

me….I believe society needs to be protected from criminals.” Criminal law professor George Fletcher followed the trial closely. After the acquittal, he commented: The facts of the Goetz case were relatively clear, but the primary fight was over the moral interpretation of the facts…I am not in the slightest bit convinced that the four young men were about to mug Goetz. If he had said, “Listen buddy, I wish I had $5, but I don’t,” and walked to the other side of the car the chances are 60-40 nothing would have happened. Street-wise kids like that are more attuned to… Continue Reading...

The Bhagavad Gita, Krishna, and Arjuna

is some harm or even death that results. In this vein, Krishna also teaches Arjuna about the law of karma (cause and effect) and that one’s actions are all one has control over. Yet actions do beget reactions. Inaction is a type of action. 3. In Chapter 3, Arjuna asks Krishna again why fighting would be an appropriate action. This is where Krishna explains in more detail about karma. Arjuna has been taught to be passive, and that fighting is wrong because it could lead to killing. Yet Krishna also teaches him that each person also has a sacred… Continue Reading...

Criminal Law Cases Analysis

injuries to the classmate. On the first instance he sought the case to be thrown out as a matter of law but his plea was denied. He proceeded to the court of Appeal which affirmed the decision of the trial court. The Supreme Court reversed the decision of the two courts. The majority opinion of six judges carried the day. Their decision was based on the legal concept of “causation”. According to the judges, the causation is met by proving two elements. One, actual or “but for” causation and secondly, proximate or legal causation. In an event that an intervening… Continue Reading...

Self Defense Laws and Castle Doctrine

situation. What other countries like England do should have no bearing on American law. Gun proliferation is already a problem in the United States, and the Castle Doctrine in no way contributes to a culture of violence. If anything, stand your ground laws may discourage would-be perpetrators from inciting or provoking use of force. For example, a person who is about to commit a mugging or robbery might think twice if they believe their intended victim could be carrying a deadly weapon that they are fully prepared to wield. Use of force in self-defense is both a Constitutional right and… Continue Reading...

Political Science

not the case as most Congress members, from what is really known, do not break the law. Even so, some members of Congress (current or former) seem to break (or bend) the law without being prosecuted. One example that many would cite is Hillary Clinton. To be fair, there are plenty of Republicans that are charged with similar crimes, if not worse. The current eruption of sexual harassment and assault charges is a good example. Both Republicans and Democrats are being ensnared by such accusations. Just a few names of candidates or current elected officials include Al Franken, John… Continue Reading...

Patient and Affordable Care Act

all the components of the Patient and Affordable Care Act were enacted into law. It is worth noting that one person in particular (my neighbor) was in perfect health, had no pre-existing conditions, and had not even utilized his health care plan the previous year. Yet, because of the full implementation of the Affordable Care Act, his insurance premiums tripled. Point One: The primary reason the Patient and Affordable Care Act should be repealed is because it functions as a justification for insurance companies to exorbitantly raise their insurance premiums (Wahowiak, 2015, p. 2). There was a point in… Continue Reading...

How Important Is the Idea Of Equality to Each Theorist

one side, nor disability on the other (pg. 388-389).” Mill witnessed an age in which cultures and even the law supported and mandated female subordination. Marriage, child-rearing and domestic tasks were meant to be their sole focus. They were largely denied the ability to request divorce from a bad marriage, formal education, wealth/property ownership, voting rights, jury or business involvement, or solo travelling rights. Their husbands were considered their masters to all intents and purposes. “The adoption of this system of inequality never was the result of deliberation, or forethought, or any social ideas, or any notion whatever of what… Continue Reading...

Obama’s First Year in Office

in office—Congress had signed the American Recovery and Reinvestment Act into law. This stimulus package was designed to help get companies producing again, help get them hiring again, and help American consumers to start consuming again. Whether one opposed the stimulus plan or embraced it, the fact is that Obama got the stimulus signed and into effect in relatively short order. This was, therefore, a major and early success for Obama. Obama continued his run of success by signing into law within his first 100 days in office the Lilly Ledbetter Fair Play Act, which lengthened the time in… Continue Reading...

Iran Bioethics and Biotechnology Issues

Declaration and CIOMS documents, which comprise the scientific foundation of the law, the reports have been tailormade and centered on Code of Shia religious laws and atypical cultural problems of the Iranian public. (Larijani, Zahedi & Malek Afzali, 2005). Policy options and evaluation criteria Likely sources of bioethical laws in Islam and Shia School of thought i. Islam The enhancement and modification of living organisms as well as the development of microorganisms via use of bio-technologic raises challenges for all religions, including Islam. It tries to perfect the religious doctrines and increase their moral imagination. In Islam, bioethical choices… Continue Reading...

Ethics and Morality

are all different sorts of ethical standards; for instance, one might have a sense of a natural law, or one might hold an ethical standard that is based on a philosophy, or one might adopt an ethical position based on one’s religious beliefs. Morality, for me, is more focused on actions: one’s actions may appear moral or immoral, but even here, they might appear moral to some but immoral to others because of the different approaches that people take to ethics and what constitutes rightness and wrongness. For me, ethics is such a big question mark because in today’s… Continue Reading...

Physician Assisted Suicide and Ethics

Physician-assisted suicide: the problems presented by the compelling, heartwrenching case. Journal of Criminal law and Criminology, 88(3), 1121-1146. Washington v. Glucksberg. (2015). CaseBriefs. Retrieved from http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-sullivan/substantive-due-process-rise-decline-revival/washington-v-glucksberg-7/2/ Continue Reading...