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Case Study: Burlington Northern Railway, 2008.
Looks at a court case regarding gene-testing among employees of Burlington Northern Railway.
875 words (approx. 3.5 pages), 2 sources, APA, AU$ 45.95
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Abstract
This paper explains that the courts negated Burlington Northern Railway's policy of genetic testing of employees, which was clearly a case of discrimination. The paper reviews the moral and ethical implications of this policy and explains that genetic testing is controversial in part because it goes beyond what many consider to be acceptable common standards.
From the Paper
"The decisions made by Burlington Railway, however, do not qualify as BFOQ, and do not fit other standards that allow exceptions to EEOC. Opponents however, may suggest it is a violation of the employer's right to fire an employee or fail to pay workmen's compensation claims for an employee that was injured on a previous job, when the injury carried over to the new employer. There is still much debate on the issue of genetic testing in the workplace. It is safe to say however, that there is much more support for not testing than there is for testing. "
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The NYS Public Authority Accountability Act, 2008.
Looks at the New York State (NYS) Public Authority Accountability Act, which was created to counter corruption and mismanagement in public organizations.
3,500 words (approx. 14.0 pages), 11 sources, APA, AU$ 142.95
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Abstract
This paper examines the New York State (NYS) Public Authority Accountability Act, the S-OX Rule 404, a related report by the NYS Comptroller and a report by the Attorney General and the State Isnpector General, requested by NYS Governor, which addressed the sale of certain land rights bordering the Erie Canal. The author explores the factors contributing to the passage of the NYS Public Authority Accountability Act, its intent , the ways this act addresses legislative concerns and its potential to succeed. The paper includes a synthesis of the NYS Public Authority Accountability Act's particular provisions. Figures are included with the paper.
Table of Contents:
Revealing Operations behind Closed Doors
The "Act" Itself
Specific Provisions of the Public Authority Reform Act
SOX Rule 404
Rule 404 of the SEC
Opening Closed Doors of "Internal Control"
Discussion of Amendments Implementing Section 404
Acts in the Interest of the People of NYS
Senate Passes Legislation to Reform Public Authorities
The Value of Values
From the Paper
"Internal control encompasses more than a company's accounting functions. A number of definitions of the term "internal control" primarily focus on "clarifying the portion of a company's internal control that an auditor should consider when planning and performing an audit of a company's financial statements." This, albeit, did not improve the level of understanding of "internal control", nor satisfactorily provide the guidance that auditors sought. In time, successive definitions followed and increased understanding."
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How Lawful? How Fair?, 2008.
This paper delves into educational law and studies affirmative action and discrimination in employment.
3,400 words (approx. 13.6 pages), 7 sources, APA, AU$ 139.95
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Abstract
In this article, the writer looks at the issue of affirmative action and discusses its fairness. The writer first explains that affirmative action consists of positive steps to increase the representation of certain groups in employment, education or business where they have been historically excluded. These steps involve preferential selection according to race, gender or ethnicity. The writer maintains that part of the rightness and the fairness of affirmative action must be its moral authority. The writer then discusses the concept of affirmative action as a method to address and close the racial gap. The writer describes affirmative action as corrective justice and looks at two affirmative action cases.
From the Paper
"Corrective justice is different from the fair distribution of goods, according to philosopher Jules Coleman.
It compensates deprived groups for previous losses to gains unfairly obtained by others through government action. It seeks out interventions, which would repair past unjust decisions. But advocates must contend with matters involving fairness and legitimacy. So far, they have not come up with clear and defensible principles to match the arguments and rhetoric of opponents. Advocates have developed only broad claims for compensation for a long history of slavery, segregation and other forms of racism. Their reasoning is usually less developed and convincing than that of their opponents. Their theory has been hardly articulated, much less defined. Even their arguments in the Supreme Court have been one-sided and cannot pit strength with the sharp, tried and pragmatic position of their opponents."
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Use of Force, 2008.
A discussion on whether the use of force is reasonable and necessary in policing society.
4,411 words (approx. 17.6 pages), 14 sources, APA, AU$ 166.95
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Abstract
This paper argues that the use of force is most justifiable in a clear situation of direct threat of harm to the police and innocent persons. The paper further argues that this is not the only justification, however, as within police work there are many gray areas. In addition, the paper argues that the adoption of a policy of only allowing the use of force when there is a perceived threat of injury to an innocent is too simplistic a model for the many gray areas that are involved in police work. The paper argues this by first discussing scenarios of apprehension and then by discussing the issue of interrogation and, lastly, by developing, from the literature, a better sense of the existing rules, regulations and laws pertaining to the use of force and their moral ground.
Outline:
Introduction
Grey Areas
Suspect Coercion by Force or Threat of Force
Conclusion
From the Paper
"Yet, this is simply one example which can be dissected to a myriad of gray eras that often face officers in the field. For Locke, or Hobbes, there is no question that if one person is seeking to take another's life or liberty than the acts of a civil government are justified, as use of force may need to be used to subdue the infringement. What if the weapon is concealed, by the individual or even simply suspected to be a lethal weapon by the officer, in a moment of assumed danger and fast movement, but is in fact not a weapon at all? What if the individual is reaching for said weapon to relinquish it and the officer perceives that they are doing so to use it? What if the distance from the suspect is so great that the officer cannot confirm that the item in question is a weapon but if it is it is still within lethal striking range of the officer or another innocent bystander?"
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Social Psychology in Court, 2008.
This paper examines the role of social psychology in jury selections today.
846 words (approx. 3.4 pages), 3 sources, MLA, AU$ 44.95
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Abstract
The paper discusses how social psychology sheds light on the dynamics which influence decisions made by juries in court cases. The paper first looks at the typical concerns about the reliability of a jury to be unbiased. The paper then refers to several court cases that show how, since the 1970's, social psychologists have been used by counsel to help ensure victory in the outcome of certain cases. The paper concludes that although many feel that using social psychology in the act of jury selection is unfair, the field of mastering jury selection is still young and will continue to be debated.
From the Paper
"The psychology of groups shows up in unique courtroom situations. This group mentality is in the realm of social psychology. Social psychology "concerns the study of the individual in a social context," (Hughes 2007). In recent years, many researchers have seen correlations between the findings of social psychology and the dynamics which influence decisions made by juries in court cases. Audrey Cleary, in her work "Scientific Jury Selection: History, Practice, and Controversy," states that the concept of jury selection is "the application of behavioral and social scientific principles to the selection of jurors most sympathetic to a particular side of a court case," (Cleary p.1). Both prosecutors and defense lawyers utilize individual and group psychology in order to choose a jury that best serves their purpose, which is to win the case."
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Idaho State and Statute on Rape, 2008.
An examination of common law in Idaho and changes with regards to rape statutes.
1,697 words (approx. 6.8 pages), 8 sources, APA, AU$ 80.95
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Abstract
This paper discusses how current law in Idaho is reflective of considerable change, especially with regard to rape statues. The paper specifically discusses common law and how it is based upon regional considerations and is largely determined by the development of precedence in the historical legal system. The paper looks at how this relates to rape statutes and how it is changing over time.
From the Paper
"Though Idaho is no longer considered a "common-law" state with regard to domestic situations, i.e. regarding the determination of marital status and on other issues it is legitimately still very demonstrative of common law history, a fact that can be attested to by the ability of a single do-gooder to choose to enforce a law that was previously ignored. Other issues, such as common property, among domestic partners, are a later adoption of a common law practice, in Idaho. For the most part it makes sense that legal situations in low population areas could and possibly still should be decided by legal prescience as well as the foundations of common law, in which lies the desire to create and enforce laws that are reflective of the common people and their beliefs and standards at any given time. Changes to the Idaho statute on Rape could include more specific sentencing regulations, a trend associated with a national movement for minimum mandatory sentencing, but many would argue against such action."
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Civil Contract Law, 2008.
Discusses civil contract law and a case of breach of contract.
989 words (approx. 4.0 pages), 3 sources, MLA, AU$ 51.95
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Abstract
The paper discusses civil contracts and provides an example of a breach of contract lawsuit against a florist who provided the floral arrangement for the plaintiff's wedding. The paper explains that according to contract law, the plaintiff will probably not be entitled to any damages demanded.
Outline:
Topic Summary - Breach of Contract
Application of Law
Opinion
From the Paper
"Civil contracts require performance by both parties. Usually, but not always, one party to a civil contract agrees to perform a service or provide certain goods for which the other party agrees to pay an amount specified in the contract. Where one party refuses to perform his obligations required under the terms of a valid contract, this violation breaches the contract (Miller, 1988).
"Sometimes, a party performs the service or provides the goods specified by the contract, but a dispute arises between the parties concerning that performance. If the performance fails to meet certain elements of the contract, that is also considered a breach of contract, because the party paying for goods or services does not receive the goods or services actually specified under the contract. If the elements of the contracted goods or services not satisfied is considered a material term of the contract, that unsatisfactory performance is also a breach of contract (Miller, 1988)."
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The US in Afghanistan and Pakistan, 2008.
This paper compares the US interventions in Afghanistan and Pakistan.
2,199 words (approx. 8.8 pages), 7 sources, MLA, AU$ 99.95
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Abstract
The paper discusses the U.S. intervention in Afghanistan after 9/11 that was a direct military attack leading to the overthrow of the Taliban govenment and its eventual replacement. The paper then looks at Pakistan and shows how there was no need for a regime change, just a cease of support for the Taliban government and co-operation in hunting down the al-Qaeda based in Pakistan. The paper also examines whether the U.S. intervention in Afghanistan was legal according to international law and whether any guidelines for foreign intervention exist.
Outline:
The 9/11 Terrorist Attacks and the U.S. Intervention in Afghanistan
Involvement with Pakistan
How is the US Intervention in Afghanistan Different from its Role in Pakistan?
Guidelines for Foreign Intervention
From the Paper
"The U.S. intervention in Afghanistan in the wake of the 9/11 terrorist attacks and its involvement in Pakistan since 2001, although of diametrically opposite nature, are intertwined in many ways. Its intervention in Afghanistan was essentially a revenge attack for the 9/11 terrorism in order to punish the Taliban for their support of al-Qaeda; it was purportedly also aimed at capturing or killing Osama bin Laden, who lived in Afghanistan at the time, and to destroy the Islamic militant training camps in the country. Its involvement in Pakistan was basically aimed at stopping its government and its intelligence agencies from supporting the Taliban forthwith, to extend full co-operation to the U.S. in its "War against Terror," and to disband the Jihadist organizations in the country."
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Freedom of Information vs. Privacy and Security, 2008.
A examination of the challenges that exist when attempting to find a middle ground between freedom of speech and privacy and security.
2,075 words (approx. 8.3 pages), 6 sources, APA, AU$ 94.95
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Abstract
This paper discusses the conflict between the concepts of freedom of information and privacy and security. The paper considers both sides of the debate as to which concept is more important in a democracy and attempts to elucidate the challenges that exist when it comes to finding a middle ground. The paper provides recommendations for improving outcomes.
Table of Contents:
Abstract
Introduction
Freedom of Information: An Overview
Freedom of Information Act
Problems that Can Arise Without Freedom of Information
Privacy and Security
The Need for Privacy and Security
Threats to Security and Privacy
Finding a Solution
Building Better IT Infrastructure
Defining Free Information
Conclusions
From the Paper
"The final issue that should be considered in the context of balancing freedom of information and privacy and security is that of clearly defining what is meant by information. Scholars examining freedom of information argue that what information should and should not be available remains a persistent challenge for most agencies [4]. Although efforts to address this issue have been considered in the past, the reality is that what should and does constitute free information varies from organization to organization and individual to individual. With this in mind, a clear definition of what information should be free and what free information is may provide a stronger basis for developing guidelines that will effectively improve safety and security while allowing government agencies to ensure that they protect personal data and national security."
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Miranda Rights, 2008.
This paper looks at the issue of criminal justice and provides an in-depth exploration of the utility of the Miranda Rights.
4,310 words (approx. 17.2 pages), 14 sources, APA, AU$ 165.95
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Abstract
In this article, the writer presents a discourse and analysis of the Miranda Rights, providing an analytical debate of both sides of the current legal issue in constitutional criminal justice. The researcher proposes that the efficacy of Miranda Rights are questionable largely because of how they are misused and how law enforcement agents "enforce" or fail to enforce them. Specifically, the paper reviews an issue the courts have recently decided involving the Miranda Rights, beginning with a factual analysis of the issue and synopsis of how it pertains to current criminal justice events. The writer also proclaims why this issue is worthy of consideration and provides the present status of the issue as well as both sides of the issue prior to offering any conclusions about the case at hand.
Outline:
Abstract
Introduction
Purpose/Review
Exploration of Utility of Miranda Rights in Modern Society
Opposition to Miranda Rights
Discourse of Efficacy and Controversy Related to Miranda Use
Implications of Miranda Rights
How Changes in Policy May or May Not Benefit Those Affected by the Miranda Rights
Discussion of How Proposal and Conclusions would Affect the CJS.
Conclusion
From the Paper
"The Miranda Rights are a subject of controversy and interest in the criminal justice field. Within the United States, the Miranda Rights refer to a warning provide by law force agents when a suspect becomes apprehended under police custody for one situation or another. The Miranda Rights also involve the courts, as they are presented to witnesses when they are in court and asked questions regarding their recollection or involvement with a suspected criminal or suspected criminal activity. The Miranda Rights for many are part of the rights provided to citizens as part of the Constitution. The Miranda Rights clearly state the incarcerated individual or one in police custody cannot be harmed by any statements made that are incriminating if the law enforcement agent in question failed to delivery the Miranda rights. There are many cases brought before the courts involving suspects that proclaim their Miranda Rights have been violated. This research proposal will review many such cases to determine the efficacy of the Miranda Rights in modern day law enforcement."
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"Roe vs. Wade": Ethical Position, 2008.
An examination of the morality of abortion, according to the legal decision in "Roe vs. Wade."
1,379 words (approx. 5.5 pages), 4 sources, APA, AU$ 67.95
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Abstract
This paper discusses the legal decision found in the case, "Roe vs Wade." The paper specifically focuses on the ethical considerations of the ruling with regards to abortion and when the termination of a pregnancy can be considered immoral. It discusses the stages of gestation and how that played a part in the legal decision in this case.
Table of Contents:
Introduction - The Decision
Legal Argument Supporting the Roe Decision
Ethical Argument Supporting the Roe Decision
Conclusion
From the Paper
"Conversely, mere "humanness" by itself does not necessarily give rise to ethical concern either, which is a position already incorporated into medical ethics (and penal law) as pertains to indefinitely comatose patients deemed unlikely to regain consciousness. In fact, in many respects, the unconscious brain-dead patient allowed by law to be disconnected from artificial life support is closely analogous to the situation of the fetus insufficiently developed to experience consciousness, but already capable of surviving outside the womb with intensive medical support. If it is ethical and legal to disconnect a fully developed adult human being by virtue of the indefinite lack of consciousness, then it is unclear how one would justify granting rights to the early-term fetus, based merely on its being human, provided it is not yet capable of sensing pain."
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Professional Ethics, 2008.
This paper discusses professional ethics and looks at an unethical case of business in which an attorney was involved.
1,565 words (approx. 6.3 pages), 8 sources, MLA, AU$ 74.95
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Abstract
In this article, the writer notes that no professionals are more maligned for being unethical than attorneys, yet attorneys are one of the few professions that have adopted and adhere to a strict code of professional ethics, the violation of which can result in the end of a career and other severe sanctions. The writer points out that in the United States, each state has its own rules of ethics for attorneys, however, the majority of estates have adopted rules that outline affirmative duties that an attorney owes to a client, in addition to listing proscribed behavior. The writer then discusses that one of the most dramatic cases of attorney ethical violations is the recent attempt by Durham, North Carolina Assistant District Attorney Mike Nifong to prosecute several members of the Duke Lacrosse team for the rape of Crystal Gail Mangum. Unfortunately, the complaining witness lied about the events that served as the basis for the charges. The writer maintains that from the beginning of the case, Nifong acted in an unethical manner, because he pursued a conviction, rather than justice. The writer concludes that while it may be easy to understand Nifong's initial position, how he acted when he had to have known that the complainant was lying, is simply inexplicable. There is no scenario under which the continued prosecution of clearly innocent people is permissible.
From the Paper
"In hindsight, Nifong's behavior was clearly unethical. However, it is far too simplistic to dismiss Nifong as a power-hungry prosecutor with a disregard for justice and truth that borders on the evil. To do so is a tremendous mistake, because it ignores some of the realities that prosecutors face every day. First, the complaining witness was a stripper. Sex workers are disproportionately likely to be victims of sexual assaults, and their status as sex workers immediately makes them appear less credible than other sexual assault complainants. Therefore, conscientious prosecutors, police officers, and rape crises workers are trained to respond to initial sexual assault reports as if they are true and credible. In addition, many sexual assault victims change the details of what occurred during the attacks, oftentimes omitting the most humiliating and degrading aspects of an assault until they have become more comfortable with investigators. In fact, there is a strong psychological basis for the notion that many sexual assault victims may actually repress details of their assaults in order to cope with the after-effects."
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NCLB and English Language Learners, 2008.
An in-depth examination of the No Child Left Behind (NCLB) Act in the context of English language learners in California's elementary schools.
4,378 words (approx. 17.5 pages), 11 sources, MLA, AU$ 166.95
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Abstract
The paper provides an overview of the No Child Left Behind (NCLB) legislation and its impact on education. The paper provides statistical data that highlights the notable challenges faced by English language learners (ELLs) in California's public schools when it comes to achieving basic standards. The paper is concerned that as the number of ELL students continues to increase, the gaps created under NCLB will continue to have a disproportionate impact on the schools in California.
Outline:
Introduction
Literature Review
Summary/Conclusion
From the Paper
"The No Child Left Behind (NCLB) Act passed in 2001 was intended to create better accountability in the schools and produce better outcomes for public education. Although the federal government has vehemently defended the legislation, critics contend that NCLB does very little to improve outcomes for students. Additionally, scholars have maintained that for children with special needs--i.e. learning disabilities, ELL/ESL learners, etc.--NCLB has created signification gaps that remain difficult for public schools to close."
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Nissan v. Maryland Shipbuilding, 2008.
An analysis of the "Nissan Motor Corp. v. Maryland Shipbuilding and Drydock Company" case that highlights the difficulty of applying common law to corporate environmental issues.
4,277 words (approx. 17.1 pages), 11 sources, APA, AU$ 164.95
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Abstract
The paper discusses the case of "Nissan Motor Corp. v. Maryland Shipbuilding and Drydock Company". The paper examines the history of the case, the background and specific requirements of the environmental issues and regulations cited in the lawsuit, and the reasons behind the use of such regulations. The paper also discusses the final verdict of the court and the reasoning behind the judgment in order to show that the judges were correct in their judgment.
From the Paper
"In the last several decades as industry has increased throughout the United States, there have been several court cases regarding industrial chemicals, their use, and the liability of those using potentially hazardous materials. From personal property cases to cases between industries, the court systems have struggled to determine criteria for negligence, trespassing, liability, and other aspects of potentially harmful materials in the air, water, and soil. With no specific federal criteria for such suits, and only common law to interpret in such cases, these issues can be solely up to interpretation of the law. With additional concerns about jurisdiction in cases of maritime commerce, such suits can be difficult to judge, at best."
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White Collar Crime and Enron, 2008.
This paper looks at white collar crime and the lessons that can be learned from Enron.
2,600 words (approx. 10.4 pages), 4 sources, APA, AU$ 113.95
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Abstract
In this article, the writer notes that in the past decade, fraud, corruption and crime have emerged as the greatest threats to economic development and business management. The list of companies that have been economically crippled by white collar crime continues to grow, as the lives of their corresponding CEOs and board of directors are subject to ruin in the process. The writer points out that the fall of Enron remains one of the most notable accounting scandals involving white collar criminals. This paper analyzes the actions of various individuals portrayed in the film 'Enron: The Smartest Guys in the Room', and examines their actions under theories attributable to white collar crimes. Finally, the paper concludes by explaining the concept of the micro-macro connection through utilization of the casual analysis in the paper.
Outline:
Introduction
Instances of White Collar Crime Portrayed in the Film
Theoretical Behavior Analysis
Social-Psychological Theory
Strain Theory
Organization Theory
Differential Association Theory
Conclusion
From the Paper
"The actions of Kenneth Lay and Jeffrey Skilling can be analyzed under social-psychological theory as it relates to white collar crime. Social-psychological theory attempts to explain how the thoughts, feelings and behaviors of individuals are influenced by other people. This theory places a great deal of emphasis on the immediate social situation and the interaction between person and situation variables. When Enron executives followed directions from its accounting firm, Arthur Andersen, to destroy documents, they acted in accordance with social-psychological theory. Although the document destruction at Enron was specifically to cover up the state of the company, employees followed it because they either figured that they had no choice, or would be terminated if they refused or were scared to be a whistleblower."
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Due Process, 2008.
This paper discusses due process, truth and the US criminal justice system.
750 words (approx. 3.0 pages), 2 sources, APA, AU$ 38.95
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Abstract
In this article, the writer looks at due process, which is one of the most important founding principles underlying the U.S. criminal justice system. The writer explains that due process derives from the Fifth Amendment to the Constitution, which applies to federal government action and has traditionally been applied identically to state actions by the identical provision contained in the Fourteenth Amendment. The writer discusses that due process also requires grand jury indictment, and prohibits double jeopardy and compelled self-incrimination, and therefore, is one of the most influential concepts defining criminal procedure in the enforcement of penal laws in the U.S.
Outline:
Introduction
Striking a Balance between Two Important Principles
Conclusion
From the Paper
"Law enforcement always requires the balancing of two competing social concerns: on one hand, is the government's interest in protecting its citizens and prosecuting criminal conduct; on the other hand, is the right of innocent citizens to be free from unrestricted searches and seizures and compelled confessions. Under British rule before the Revolution that established a sovereign United States, citizens were subject to unwarranted searches of their property and seizure of their persons for suspicion of criminal conduct without the need for justification on the part of government agents. This experience under British rule was incorporated into the U.S. Constitution and its subsequent amendments, including the Bill of Rights, precisely to provide the protection of citizens against unrestricted governmental police powers.
"Unrestricted police powers might, in principle, allow for the highest level of crime prevention and prosecution, but at a very steep cost, because virtually any police action would be permissible, including searches and apprehension, detention, and imprisonment without any justification, based solely on the suspicions, or even the whims, of government agents. Excessive protections of individual rights would prohibit the investigatory, arrest, and prosecutorial functions necessary to enforce the laws of society.
"The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct."
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