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Federal Contract Compliance Term Paper

… The university has a very long and detailed Affirmative Action Plan (Texas, 2011). While they are required to have one, they have developed it beyond what many companies do when faced with the necessity of creating such a plan. Because Texas A&M has a plan that is so long and detailed, it is a good example for other businesses that must also create AAPs for their companies if they want to work with the federal government (Texas, 2011). They must stay in compliance, which is not complicated if one knows the rules and is determined to follow them.

HRM Policies and Procedures Regarding Affirmative Action

Since the creation of Affirmative Action, HRM policies and procedures have changed (Felsberg, 2005). Companies have been made more aware…. [read more]

Justice Scalia Brennan and Rehnquist Term Paper

… ¶ … Supreme Court

The Justices of the Supreme Court differ in the way they interpret the law and apply it in individual cases. All are reading the same law, but they may have different philosophies regarding how to apply precedent and what sort of mindset to use in making a decision. Some of the differences and their sources can be discerned in the decisions and writings of Justices Scalia, Brennan, and Rehnquist

Scalia is associated with the idea of original intent, a theme expressed by conservative jurists for some time as the only valid approach to deciding constitutional issues. Essentially, this concept means that a case should be decided on the basis of what the writers of the Constitution intended when they wrote the…. [read more]

Court Opening Argument Essay

… " Further the courts have been liberal in construing the validity of marriage and the interference by the state. Planned Parenthood of South-eastern Pennsylvania v. Casey, 505 U.S. 833, 851 (1992): "These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."

8 Courts have held that the choice of marriage is an individual right, as in M.L.B. v. S.L.J., 519 U.S. 102, 116 (1996): "Choices about marriage, family life, and the upbringing of children are…. [read more]

Is Social Security Consistent With Federalism? Essay

… Social security provides the pension needed to maintain life after employment without burdening the younger generations. The individual earner is not subsidizing others, as the Social Security benefits are commensurate with inputs accumulated throughout the person's working life. Correspondingly, there is a greater need in the nation overall for buffers against economic and social calamities that result from seniors being unable to care for themselves in their later years (Norton, 2011). The only foreseeable drawback to the way Social Security has been drafted is that it threatens to undermine some of the basic republican ideals of the nation. In short, Social Security is a federal mandate that prevents private entities or individual states from overriding it. Another possible drawback is that the government earns interest…. [read more]

Brown v. Board of Education Essay

… Klarman explains that the symbolism of Brown had a powerful and positive effect on black Americans. When the highest court in the country renders a decision that goes in favor of an oppressed minority -- after years and years of parents having to send their children to under-funded and under-staffed schools that were overcrowded and did not have modern facilities including relevant and updated textbooks -- it did inspire the African-American community.

Moreover, as Klarman points out, Brown (even though it didn't change things right away and some of the changes that were brought about were not ideal in terms of giving black students the same opportunities to learn the white students were given) the High Court decision "…furthered the hope and the conviction that…. [read more]

Federal Tort Claims Act Essay

… The most important statement from FTCA is that the particular laws of every state must apply while enacting the legislation. This means whether any similar situation, or similar damage occur to individuals from different states, the compensation laws would be different for them. It is obvious that the person who is claiming the tort compensation should prove it against the government, no fake suits are allowed in any case and the government is liable to provide every such explanation by which it can waives itself from the claim. Some claims are obvious and can be resolved instantly, while some difficult cases like those relating to security problems take enough time. The security concerns are the most sensitive ones in this regard. If the individual is…. [read more]

Myers v. U.S. and Humphrey's Executor Essay

… Myers v. U.S. And Humpreys Executor v. U.S. both deal with the issue of presidential power and the extent of that power. Myers v. U.S. was decided in October of 1996. In this case the question before the court was "whether under the Constitution the President has the exclusive power of removing executive officers of the United States whom he has appointed by and with the advice and consent of the Senate (Myers v. United States)." Frank S. Myers was a first class postmaster in Portland, Oregon who was appointed by the President in 1917. He was supposed to serve a four-year term however, in January of 1920 Myers was asked to resign from his position (Myers v. United States). He refused to do so…. [read more]

Federal Government Expansion Throughout American Research Paper

… ("The Sherman Anti-Trust Act," 2004)

The New Deal

The New Deal was passed in 1993. It dramatically increased the size of the federal government by focusing on a number of areas including: the regulation of the public securities markets, banks, it established Social Security, provided universal labor standards, set minimum wages, increased spending on infrastructure and offered direct support to agriculture. Politically, this allowed Washington to dictate to the states and local governments the types of protections as well as programs that are offered to everyone. Socially, this changed the country by providing ordinary citizens with some kind of safety net. Economically, these programs involved the federal government in areas that were once reserved exclusively for the private sector or states. This is important, as…. [read more]

Dual Court System Term Paper

… ¶ … dual court system in the United States. The writer explains the two systems, how they function and then argues that it would not be better to go to a single court system. There were five sources used to complete this paper.

The United States is known worldwide for its judicial system. Not only because it promises speedy trials and the right to face one's accuser, but also because of the backlog of cases that are waiting to be heard each day. Since the nation's infancy matters of importance have been divided into two areas, federal and state. This was caused when the initial formation of this country included the breaking up of geographic areas into individual states.

Each state has its own governing…. [read more]

U.S. Supreme Court Decision Term Paper

… U.S. Supreme Court Decision

Supreme Court Decision

City of Sherrill, New York v. Oneida Indian Nation of New York, et al.

The objective of this work is to write a review of the Supreme Court decision in the case of City of Sherrill, New York v. Oneida Indian Nation of New York, et al.

Summary of the Conflict

The Oneida Indian Nation of New York descends directly from the Oneida Indian Nation. The Oneida Nation's aboriginal homeland is stated to be formed by approximately six million acres in central New York State and owned land that stretch "...from Pennsylvania border to the St. Lawrence River and from Lake Ontario to the Adirondack foothills." (Grant, 2005) in the year of 1785 the Oneida Tribe sold 300,000…. [read more]

Habeas Corpus and the War Research Paper

… Habeas Corpus and the War on Terror

The opinion expressed in this paper is that the George W. Bush Administration exceeded its authority by incarcerating "enemy combatants" at Guantanamo without offering them the right to be specifically charged with a crime. The idea that the Executive Branch can decide when habeas corpus applies and when it doesn't is an anathema to Constitutional guarantees.

History of the Habeas Corpus

University of Virginia history professor Paul Halliday writes that the writ of habeas corpus has served the Anglophone legal cultures for "…more than four centuries," and its purpose is basically to assure that a prisoner will be brought before a judge and not simply thrown into incarceration without specific charges against him (Halliday, 2010, p. 1).

Halliday…. [read more]

Tennessee Valley Tva v. Hill Essay

… As the opinion in the TVA v. Hill case notes, it would seem directly counterintuitive to resist application of the law in the capacity for which it was designed. To the point, Rizzardi (2008) reports, "concluding that enjoining completion of the dam is the proper remedy under the ESA, the Court emphasized that "[t]he plain intent of Congress in enacting this statute was to halt and reverse the trend toward species extinction, whatever the cost." (p. 1)

Applying the phrase 'whatever the cost' here seems to suggest without reservation that a cost-benefit analysis could reveal no possible financial gain that would outweigh the loss of an endangered species.

When should environmental or aesthetic values give way to other values, such as resource development for energy…. [read more]

Civil Rights Movement in America the Struggle Term Paper

… Civil Rights Movement in America

The struggle for the Civil Rights of the African-Americans have their roots in the slave trade era and the resulting pressure to let go the slaves in the southern states increasing every passing year during the emancipation of slaves period. The movement can be traced to as early as 1800 when Absalom Jones and several other blacks living in Philadelphia petitioned Congress against the notion of enslavement and slave trade and challenging the Fugitive Slave Act of 1793.

The heat for recognition of civil rights took centre stage with the Court ruling that the Civil Rights Act of 1875 which sought to give "all full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on…. [read more]

Dread Scott Decision Research Paper

… Dred Scott vs. Sanford case is one of the most important cases that have ever been tried in the United States of America and was heard in the Old Courthouse of St. Louis. This case that is usually known as the Dred Scott Decision was a ruling by the Supreme Court of America that African people imported into the country and detained as slaves were not protected by the U.S. Constitution and could never be American citizens. Dred Scott was a slave who sued for his freedom from his master in a Missouri court in the year 1846. As part of his arguments, Dred Scott claimed that he resided in Illinois which was a free state and part of the Louisiana Territory. Therefore, he claimed…. [read more]

supreme court of the United States Essay

… Perfect examples of the way the power of judicial review promotes democracy and the freedoms and liberties guaranteed in the Constitution include historical rulings like Brown v. Board of Education, which establish precedents that show that racist laws are categorically unconstitutional.
Moreover, the will of the people should not be equated with democracy. Political will frequently fluctuates with the times and can be spurious as well as flighty. The power of judicial review is integral to the very concept of checks and balances because without it, the erratic whims of the people might cause the enactment of laws that have detrimental short-term or long-term effects on the nation, undermining its values and principles. The role of both Congress and the President in creating and/or passing…. [read more]

Gun Control in NY State Term Paper

… ¶ … Gun Control in New York State:

The New York State law about gun registration before 1996 required an individual to apply for a handgun permit depending on various factors. This included residence or business permit, hunting and targeting shooting, unrestricted concealed carry, and employment concealed carry. As a result of these requirements, people with any kind of carry permit for gun registration could carry the permit for life until 1997. For several years, there were no reasons to consider changing the laws regarding concealed carry since there were few problems linked with permit holders. However, the need to change these laws and adopt gun control regulations started in earnest during the nineties following the murder of two police officers. This need was characterized…. [read more]

Compare and Contrast Two Law Cases Essay

… ¶ … rules of law established in the following cases: The Slaughterhouse Cases and the Civil Rights Cases. What legal rights did the United States Supreme Court recognize in these cases? In your analysis be sure to include the relevant facts, issues, arguments, and reasons discussed in each case. Do you agree or disagree with the outcome of these cases?

The Slaughterhouse Cases and the Civil Rights cases, resolved by the U.S. Supreme Court in 1873 and 1883, respectively, are important cases in U.S. legal history, but both have proved controversial. The Slaughterhouse issue began in New Orleans over the filth and dirt in the city and the state attempts to enforce hygienic procedures. In 1869, the Louisiana legislature passed a law "to protect the…. [read more]

Employment Law Hypothetical Case: John Term Paper

… In case EEOC decides not to sue, it will issue a notice closing the case and give the charging party 90 days to file a lawsuit. (Ibid)

Lawsuit for Employment Discrimination

After receiving a notice of a "right to sue" from EEOC, the complainant may file a lawsuit in a federal court within 90 days. Under Title VII of the Civil Rights Act and the American Disabilities Act (ADA), the complainant can also request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission. Under the Age Discrimination Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives…. [read more]

Judiciary Branch of Government Term Paper

… Each country has a prescribed number of seats as follows: England fills 523 seats; Wales fills 38 seats, Scotland fills 72 seats and Northern Ireland fills 17 seats. Chief Officer of the House of Commons is the Speaker who is elected by the MPs. The "House of Lords" is comprised of the "Lords Spiritual" and the "Lords Temporal." The Lords Spirituals are comprised of the Archbishops which are from Canterbury and York; Bishops from London, Durham as well as Winchester; Twenty-one (21) diocesan bishops who are most senior of the Church of England. The Lords Temporal consist of those individuals which are either are all the hereditary peers and peeresses of England, Scotland, and Great Britain. They are the United Kingdoms hereditary peers and peeresses…. [read more]

Federalism in the US Term Paper

… Indeed the Congress can command state judges to abide by the federal law, yet state officers are representatives of the state and not the federal system. Further, it was argued that if the Congress would be able to command state officers, the role of the President as the warrant of the federal law would be diminished and the separation of powers would be reduced.

The discussion in court on this case took into account numerous previous rulings on matters of constitutionality. However, the final ruling of the Court to decide against the unconstitutionality of the congressional demand that state officers enforce federal law can be said to have been against the pure nature of federalism particularly because it assured that, even for a limited period…. [read more]

Internet Personal Jurisdiction Normally Term Paper

… (Bender, 1997).

The most important United States Supreme Court case arguing the course of business theory of personal jurisdiction is Asahi Metal Industry Co.v.480. U.S.102 (1987). The Supreme Court was estranged over whether the position of a product in the course of business is enough to grant personal jurisdiction. The plurality led by Justice O'Connor, gave a more limiting outlook of jurisdiction, holding that the positioning of a product in to the course of business without more, is not an act of defendant persistently aimed at the forum state Id. At 112 (emphasis added). The court also stated that a defendants knowledge that the course of business may and will sweep the product in to the forum state does not alter the sheer act of…. [read more]

Supreme Court's Recent Decision Term Paper

… Ark. Code Ann. Sect. 5-4-618 (1993) noted criteria for mental retardation included "subaverage general intellectual functioning accompanied by significant deficits or impairments in adaptive functioning, and manifested in the developmental period" (Death Penalty Information Center; State Statutes).

Kentucky was more objective in its criteria. Ky. Rev. Stat. Sect. 532.130-140 noted "significantly subaverage general intellectual functioning is defined as an IQ of 70 or below" (Death Penalty Information Center; State Statutes).

Given the difficulties of the legal system in developing a consensus as to the criteria for mental retardation, it may be useful to look at pure ethical approaches. Simply put, ethics is simply the study of the moral aspect of human behavior. Ethics does not necessarily divine moral rules from religious principles, as it is…. [read more]

Habeas Corpus and War Essay

… Following the 9/11 attacks, hundreds of people have been detained by the American government in various locations like Guantanamo Bay and Bagram field as part of America's war on terror. The relation between the imprisonment of these people and the privilege is the fact that most of them face indefinite imprisonment without being charged with an offense or afforded the status of prisoner of war. However, these detainees have sought to use the proceedings of habeas corpus in order to challenge the legitimacy of their imprisonment (Farrell, 2010).

Initially, the American government held that habeas corpus was not available to the detainees because of their location outside the sovereign American territory and their status as enemy combatants or illegal combatants. The Congress has subsequently made…. [read more]

Title VII of the 1964 Civil Right Act Term Paper

… ¶ … Civil Right Act 1964 is a federal law that "prohibit job discrimination against employees, applicants, and union member on the basis of race, color, national origin, religion, and gender at any stage of employment" (Cross and LeRoy Miller 493). In addition, Title VII protection has been extended to include barring most workplace harassment and discrimination covering all private employers, state and local governments, and educational institutions with 15 or more employees

(Title VII of the Civil Rights Act of 1964 - Title VII 1), labor unions with 15 or more members, labor unions that operate hiring halls (to which members go regularly to be assigned jobs as they become available), employment agencies, and state or local governing units or agencies (Cross and LeRoy…. [read more]

Kelo v. New London Term Paper

… The first were statutes initiating a "prohibition for economic development," which deliberately barred any such powers as granted in Kelo. Next were statutes issuing a "limitation to public use" for eminent domain, enshrining a much narrower interpretation of the words in the Fifth Amendment. And finally there were those which restricted it to "blight" and offered a clear definition of the term "to emphasize public health, safety and welfare considerations" (Morandi 2007). Morandi notes that from the first category, laws specifically repudiating Kelo were passed by 23 states. 12 states passed statutes issuing the "limitation to public use," and 12 passed statutes which limited it to cases of clearly-defined "blight." In some cases there was overlap when a state legislature passed two of the above,…. [read more]

Brown vs. Board of Education Term Paper

… The Supreme Court declared that education is perhaps the most important function of state and local governments. It prepares our children for later professional training and in helping him to adjust normally to his environment. The court also declared that it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. But the vagueness of the phrase combined with continued bigotry slowed the process, in some cases to a standstill.

With the segregation of public schools declared unconstitutional, segregationists across the South sprang into action to prevent the implementation of public school integration. Some states began to pass state laws to uphold segregation, which then had to be challenged in court by the…. [read more]

Rise of Public Education Term Paper

… 7

Contributions of parents and of the whole society are vital for public education in Arkansas. For the future of Arkansas' education would play a very important role. Children of the age group above five and less than seventeen should be in school according to the mandatory law of attendance in the State of Arkansas. For imparting education to the children, parents possess three choices viz: private, public and home schools. A verdict of this enormity concerning the education of the young population merits cautious analysis and careful expression. Throughout the country, all the states have a section in their constitution relating to education making it obligatory for the state to provide compulsory education for its younger generation. 8

Therefore, though the central, state and…. [read more]

Procurement and Contract Law Essay

… Procurement and Contract Law

In your opinion, does Stone qualify as an original source for purposes of the FCA? Why or why not? Which side is most convincing: the majority of the court or the dissenters? If this case was heard by the current Supreme Court of the United States, do you think the outcome would be the same or different? Why? Use information in the briefs for the petitioner and the respondent to support your position along with the decision of the United States Supreme Court.

I believe Stone did not quality as an original source because he predicted the fraudulent activities of Rockwell and did not actually witness it firsthand. He could have easily made up everything and the court would choose in…. [read more]

Powell vs. State of Florida Term Paper

… ¶ … Florida vs. Powell

On August 24, 2004, Kevin Powell was arrested on suspicion of illegally owning a firearm and, after allegedly waiving his rights to counsel as required by Miranda v. Arizona, confessed during questioning. Powell was convicted on the basis of that confession. On appeal, Powell's conviction was overturned on the ground that the warnings read to Powell failed to adequately inform him of his right to have an attorney present during questioning. The Florida Supreme Court affirmed, holding that a suspect must be expressly advised of his or her right to have an attorney present while he or she is being questioned (Chon & Wu, 2009). The U.S. Supreme Court's overruled this decision on February 23, 2010. Not all justices agreed…. [read more]

Business Homeland Security Hamdan v Research Proposal

… Business Homeland Security

Homeland Security

Hamdan v. Rumsfeld

This is a case wherein the Supreme Court of the United States seized that military commissions put together by the Bush government to try prisoners at Guantanamo Bay be short of "the power to proceed because its structures and procedures violate both the Uniform Code of Military Justice (UCMJ)and the four Geneva Conventions signed in 1949. The case measured whether the United States Congress possibly will pass legislation putting a stop to the Supreme Court from investigating the case of an accused soldier earlier than his military commission takes place, whether the particular military commissions that had been set up violated federal law which takes account of the Uniform Code of Military Justice and treaty obligations, and…. [read more]

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