Category

Law

Analysis of Public Law 94-142 and No Child Left Behind Law

The Public Law 94-142 Public Law 94-142 (P.L. 94-142) was a response to a congressional concern over children with disabilities’ education. The charter rescued a considerable number of children with disabilities previously excluded from the American educational system. The rule also addressed the fate of children with limited access to...

Intellectual Property in the United Arab Emirates

Introduction Intellectual property refers to intangible property such as music, literary works, discovery, inventions, designs, symbols, and words, all of which are products of one’s mind. Therefore, intellectual property is a legal concept that guards intangible property, which comes from people’s creativity. Following the realization that people can generate intangible...

Reforming the Immigration Policy

Introduction The arising issues are not about immigration per se but the oversight regulations on the tax regimes as well as the inability of the employer to internalize the associated cost of hiring a low-skilled expatriate. Policymakers, unauthorized low-skilled immigrants, as well as employers, are the primary players influencing the...

The US Health Law: End of Life Choices

Abstract The end of life decisions refer to the choices that bind a person in his/her terminal period of life. These are meant to fulfill the wishes of an individual concerning his health and any other relevant aspect of his/her life at this stage without the interference of the existing...

The Issues of Crime by the Use of Firearms

Introduction Gun control has continuously emerged as a heated topic among citizens especially when crimes committed using these firearms continue to increase. Many incidences of criminal activities have been reported and consequently, guns have been found to have been the weapons used in committing such crimes. Gun control laws have...

Stem Cell Research Legislation and Related Issues

Introduction With the discovery of stem cells in mice, in 1981, there was increased research on the stem cells, which led to the discovery of the human stem cells, in 1998 (Snow, 2003, p. 24). Since then, research on stem cells has become a critical area of study in modern...

Directors’ Duties in Australian Corporate Law

Given the diversity of shareholders who are the owners of limited companies and their large numbers, it is prudential that few people are given the mandate of running the day to day affairs of these corporations. Shareholders therefore, employ managers and choose directors who are responsible for decisions about how...

Pros and Cons of Plea Bargaining a Case Instead of Taking It to Court

Introduction A plea bargain is a settlement reached between the prosecutor and the defendant in a criminal case after making a mutual agreement. The prosecutor gives the accused a chance to accept that they are indeed guilty of the charges made against them so as not to proceed to court....

Management of Criminal Justice Organization

For criminal justice organizations to be effective and efficient, it requires substantive knowledge and skills in organizational behavior and management. The criminal justice administrator should be well acquainted with the essential skills to achieve the organization’s goals and expectations. The acquisition of relevant management skills assists an organization in its...

The Patient Protection and Affordable Care Act

Introduction The Patient Protection and Affordable Care Act has its history in the Presidential campaign of Barack Obama in November 2008. The candidate stated that healthcare was a major threat to the American economy due to its exorbitant cost. The statute entered into force on 23rd March 2011 after the...

Exploration of the Juvenile Delinquency

This paper explores juvenile delinquency by assessing the similarities and differences in the criminal justice system and as the paper illustrates, as long as there are laws made, Bowlby (2005) in his work highlights that they will be broken hence a legal system to correct. In addition, in the book...

Criminal Justice System and Process in the US

Introduction According to Smith (2003) a crime is but a wrongdoing and can be classified as a felony or a misdemeanor; for it is against the public law. Crimes are therefore punishable by statutes and the common law. The relationship between crime and law is referred to as Criminal Law...

Driving While Intoxicated in Albuquerque

Summary Drunk driving in the United States takes many descriptions depending on the jurisdiction, whether federal, state or local. In all jurisdictions in the country, the practice is illegal and attracts varying penalties depending on the severity. Drunk driving is also synonymous with terms such as driving under the influence...

The Issue of Prosecuting Juvenile Offenders as Adults

Does a child instantly become an adult when they have committed a criminal offense? Or do they to some extent maintain an amount of childhood, despite the kind and the gravity of offense they have committed? These are questions that have dominated the legal system in the US today, considering...

The Ban on Foie Gras: Pros and Cons

Introduction Foie gras production involves forcing large amounts of food through a pipe fitted in the esophagus of ducks and geese, a process known as gavage. This is used worldwide and has been a subject of criticism because of the perception to subject the birds through great pain and torture....

International Double Taxation

Introduction Double taxation arises when businesses and individuals derive income from foreign countries and the same income is subjected to tax by both the foreign country and home country. International double taxation is exercised since individual countries have got their own legislative tax rules and right to tax. Differences in...

Victimology and Domestic Violence

Introduction According to Tawlar (2006) domestic violence is any assault, battery, sexual assault or criminal offense resulting in injury or death caused by a family or household member who lives or used to live in the same dwelling unit. This household or family member can be a spouse, partner ex-spouse...

Right to Privacy Protection Under the Constitution

Is the right to privacy protected under the constitution? This has become a contentious debate with most people arguing that the issue of privacy is not explicitly recognized under the Bill of Rights. This is evident due to the fact that the word ‘privacy’ cannot be traced in the constitution...

A Gun Control: Pros and Cons

Statement of the Problem The overall purpose of this study is to determine whether gun control is based on availability. Research studies and existing literature have laid more emphasis on the determining the relationship between gun control and crime rates in the United States, leaving a gap that requires the...

Valid Contract: Elements and Requirements

Introduction The modern English contract law originated from Western Europe during the 14th century (Andrews, 2011). Towards the end of the 15th century, the law attained great importance as a solution for the broken agreements. By the 17th century, the law became a common decree for contract-related acts. During its...

White-Collar Crime: Is It a Male Domain?

Introduction According to Burns, white-collar crime include such offenses as “fraud, bankruptcy fraud, bribery, insider trading, embezzlement, computer crime, medical crime, public corruption, identity theft, environmental crime, pension fund crime, RICO crimes, consumer fraud, occupational crime, securities fraud, financial fraud, and forgery”. These kinds of offenses involve the use of...

Collateral Proceedings in a Criminal Defense Case

The Arizona law in ARS §13-3855 and §13-3857 allows a certain jurisdiction three months (90 days) to get a defendant from its territory. The requesting official is required to send a copy of an indictment before a judge, indicating the felony that Hurst committed (Margolies, 2011). The affidavit/indictment will have...

Courts’ Role in the Criminal Justice System

Abstract Whenever the frame of criminal justice is used, people are very likely to think of police officers, prosecution and defense lawyers, or elected officials charged with the responsibility of passing laws. To understand criminal justice, however, it is imperative to think of it broadly as part of the social...

Business Law: Formation of a Partnership

Case Summary Healthy Sdn Bhd is a company which sells pharmaceutical products in Johore. In July 2013, Healthy Sdn Bhd received an offer from Good Care Sdn Bhd to become its partner in selling pharmaceutical products which Good Care Sdn Bhd manufactured. Mr.Ramu, who is the General Manager of Healthy...

How Individuals Become Criminals?

The criminal justice field has been largely dominated by result-driven theories that favor practical solutions. Even if the contemporary approach to criminal justice does not focus on understanding criminal acts, it does not mean that such theories do not exist. Thus, the current paper presents an overview of major sociological...

Discussion: Criminals Are Born or Made

The nature versus nurture discussion – that is, whether criminals are born or made – is arguably one of the most heated debates in contemporary criminological thought. While there is a growing body of evidence in the field of genetics and neuroscience suggesting that criminals have distinct biological features, these...

Criminal Behavior and the Law

Criminology Vs Criminalistics Criminology is the field of study that deals with crime and the prevention of the crime while criminalistics is the actual application of the studies in order to offer real evidence in cases of crime. Thus, criminologists and criminalists have different roles in the criminal justice system....

Criminal Law: Common Law vs. Statutory Law

Introduction The common law differs from the statutory law as regards the jurisdiction view. Standard rules obtain their authority from a similar case that occurred before and how the court or judge dealt with it, writes Keane (2008). The administration the judges offered in the past for a criminal case...

Inchoate Crime: Attempt

Introduction Inchoate crimes can be defined as criminal situations where a person is perceived to be prepared to commit more wrongdoing (Ashworth and Horder, 2013). There are many situations that a person may be in and may make the law believe that the person intends to commit a crime. The...

Employment-At-Will in Florida

Employment-at-will is a doctrine that is followed by most states in the country. Many states allow exceptions such as public policy and work contracts (Media Law Resource Center, 2010). Florida does not allow these exceptions, but employees can approach the court of law based on the provisions of anti-discrimination and...

Sarbanes-Oxley Act of 2002

Introduction Project’s Main Objective The objective of this project is to shed light on the 2002 Sarbanes-Oxley Act. The aim is to reveal the Act’s role enhancing protection of investors from corporate crimes. The Act pays emphasis on disclosure of accounting information through legal frameworks in a bid to minimize...

Whistleblowing and Sarbanes-Oxley Act

In the wake of corporate malfeasance involving high-level publicly traded companies such as Enron, Arthur Anderson, WorldCom, Adelphia, Tyco, and other corporations, the U.S. Congress enacted the landmark Corporate and Criminal Fraud Accountability Act (Sarbanes-Oxley Act), with the view to providing for sweeping reforms in the way that these corporations...

Sarbanes-Oxley Act of 2002

The Sarbanes-Oxley Act of 2002 has had a significant impact on corporate business in the USA. Admittedly, it has supporters and opponents who discuss the positive and negative outcomes of the law. However, researchers agree that enactment of the law was inevitable. The US business world was shaken by several...

Labor Relations and the European Union

Introduction The subject of labor relations is inevitable in the world of employment and the interactions between major stakeholders in the job market. In other words, the subject presents the process of balancing employment goals that relate to efficiency, equity, labor rights, and workforce management (Boswell, 2008). As a course...

Supreme Court Agrees to Hear Same Sex Marriage Cases

Abstract Same-sex marriage is still a hotly debated issue in the US. Some Appellate courts have banned the practice, while the federal courts have endorsed same-sex marriages. The decision of the Supreme Court about the constitutionality of same-sex marriages is expected to bring harmony among all the federal courts and...

Disability in the Criminal Justice System

Introduction This presentation is a wake-up call to address correctional processes that focus on intellectually disabled juvenile offenders. The submission is aimed to end the inadequacies of the current legislation that guides the correcting and rehabilitation of young offenders through the criminal justice system. As it stands, the current approach...

Serial Killers in Modern American Society

Introduction Boyle and Reburn (2015) define a serial killer as a person who was, or is, actively involved in the death of more than three persons. Many serial killers have been described to have psychological problems that in turn give them the desire to kill. Pratt (2013) also adds that...

Diamond v. Chakrabarty: The Case Study

Introduction Inventions and discoveries are intellectual property, which emanate from creative and innovative minds. The US constitution recognizes these inventions and discoveries because it has provisions for them. Title 35 and section 101 of the US constitution provides that “whoever invents or discovers any new and useful process, or any...

Legislative Practicum for Senator Rene Garcia

Practicum and Policy Background Senator Rene Garcia of Republican Party, State of Florida was selected for this Nursing Legislative Practicum because of the state of origin and his diverse views on healthcare reforms. Garcia works with healthcare committee and therefore understands that the State of Florida continues to experience budget...

Miranda Fact Pattern Analysis

Introduction The Miranda v. Arizona case involved an important decision made in 1996 by the U.S Supreme Court to protect people from self-incrimination. The court maintained that both exculpatory and inculpatory statements given by a suspect during an interrogation in police supervision would be acceptable in a court of law...

The Distinction between Negligence and Strict Liability

Strict liability should not be applicable in certain circumstances. In other words, strict liability should be limited to some level. For instance, it is pertinent to mention that one of the common general legal principles is negligence. However, strict liability is comprised of specific legal doctrines. The concept may also...

Forensic Science and the TV Series “Welcome To Homicide Season 1”

Abstract Forensic science is a broad field with an extended history of application. Prehistoric rock paintings and other artifacts indicate that the practice has been in existence for centuries. As such, an examination of a number of primitive reports signifies that the primeval crime detection process by great extent relied...