Common Law Essays (Examples)
Study Document
Sociology Law And Identity
… regions, bearing in mind that religion is a core part of any culture. To this effect, it would be argued that culture affects law and identity, and to ensure that there is fairness and justice in any given society, then the cultural context of the people cannot … ignored. In her book, The Cultural Defense, Alison Dundes Renteln argues that \"Culture shapes individual identity in crucial ways. The failure of the law to recognize this has resulted in injustices\" (Renteln 2004, 219). This essay, therefore, is an explanation of this quotation, and the explanation will … learning takes place mainly at the subconscious level, and it functions to create the self-awareness of a person, thus, identity.
Some of the common ways through which culture and the effects of enculturation manifest are gestures, symbols, and their meaning, taboos, food, dressing, and humor (Renteln, 2004, …
It is, however, understood that……
References
References
Renteln, A. D. (2004). The cultural defense. Oxford University Press.
Study Document
Private Security And Law
Private Security and the law
Private security operatives are held liable for their actions based on existing federal and state law. Potential liability for these operatives occur when attempting to stop or arrest criminals or when carrying out their daily operations. The most common potential liability issues for private security operatives are assault and battery. In addition, private security operatives can be found guilty under vicarious liability … upheld by the Court of Appeals on the premise that security guards were state actors subjected to the restrictions of the Fourth Amendment (law, 2010). With regards to vicarious liability for the torts of another,…[break]…their employees. The company could be found vicarious liable on the premise that ……
References
References
FindLaw. (2010). State of New Mexico, Plaintiff-Petitioner, v. Luis SANTIAGO, Defendant-Respondent. Retrieved March 24, 2019, from https://caselaw.findlaw.com/nm-supreme-court/1001193.html
Reid, B. (2017, April 14). A Legal Overview of Section 1983 Civil Rights Litigation. The Huffington Post. Retrieved March 24, 2019, from https://www.huffingtonpost.com/entry/a-legal-overview-of-section-1983-civil-rights-litigation_us_58f0e17ee4b048372700d793
Wakefield, J. (2018, April 19). As Alberta’s Private Security Industry Surges, What Happens When Guards Behave Badly? Edmonton Journal. Retrieved March 24, 2019, from https://edmontonjournal.com/news/crime/as-albertas-private-security-industry-surges-what-happens-when-guards-behave-badly
Yee, M. (2018, June 24). Security Guard Liability. Retrieved March 24, 2019, from https://www.legalmatch.com/law-library/article/security-guard-liability.html
Study Document
Natural Law In Catholic Social Teaching
… the idea man is a social creature, the family is the building block of society, and men are meant to work for the common good, have children and show charity towards one another; 3) Rights and Responsibilities, which focuses on the duty and rights of the individual … in the workplace.[footnoteRef:2] These themes of Catholic Social Teaching are rooted in the Church’s teaching on natural. This paper will show how natural law from the time of Aristotle till now has complemented the Church’s moral law and provided a framework for its own social teaching, and it will also show how the Enlightenment Era Social Contract perverted the notion … a framework for its own social teaching, and it will also show how the Enlightenment Era Social Contract perverted the notion of natural law by viewing it from a liberal and atheistic perspective. [2: United States Conference of Catholic Bishops,……
References
Bibliography
Barton, George Aaron. A critical and exegetical commentary on the book of Ecclesiastes. Vol. 17. Scribner, 1908.
Hunt, Lynn. \\\\\\"Introduction: The Revolutionary Origins of Human Rights.\\\\\\" In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31. Boston: Bedford, 2016 National Assembly. “Declaration of the Rights of Man and Citizen, 26 August 1789.”
Liberte, Egalite, Fraternite. Accessed November 4, 2019. http://chnm.gmu.edu/revolution/exhibits/show/liberty--equality--fraternity/item/3216
Pope, Stephen J. “Natural Law in Catholic Social Teachings.” https://www.bc.edu/content/dam/files/centers/boisi/pdf/f09/Pope_Natural_Law_In.pdf
United States Conference of Catholic Bishops, “Seven Themes of Catholic Social Teaching,” http://www.usccb.org/beliefs-and-teachings/what-we-believe/catholic-social-teaching/seven-themes-of-catholic-social-teaching.cfm
Study Document
Employee Treatment In The Workplace
… treatment of workers is a priority for any employee given that it is a right guaranteed by the Constitution and protected by labor law. Since this right is protected by the Constitution and existing federal and state law, employers face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing … face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing labor law protect employees from discrimination, unfair treatment, retaliation, and other work-related issues. For this large company, making business decisions in consideration of employment protections … ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company with respect to applicable federal antidiscrimination law, federal health and safety law, and state law is discussed.
Recent Federal Legislative Protections/law
Workplace……
References
References
Coble, C. (2015, June 11). Can Undocumented Immigrants Get Workers’ Comp? Retrieved March 12, 2020, from https://blogs.findlaw.com/injured/2015/06/can-undocumented-immigrants-get-workers-compensation.html
Grabell, M. & Berkes, H. (2018, February 7). Florida Bill Seeks to Stop Arrests of Injured Immigrant Workers. National Public Radio. Retrieved March 12, 2020, from https://www.npr.org/sections/thetwo-way/2018/02/07/583995647/florida-bill-seeks-to-stop-arrests-of-injured-immigrant-worker s
Jennings, M. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
Lenard, P.M. (1987). Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution? Fordham Urban Law Journal, 15(2), 533-565.
Lindsay, D.C. & Moore, L.M. (2011). State and Federal Leave Laws: How Recent Legislative Changes Have Complicated Leave Administration. Employment Relations Today, 38(1), 77-90.
Macgillivray, E.D., Beecher, H.J.M. & Golden, D. (2010, December). Legal Developments – Recent Action, Federally and in the Workplace. Global Business and Organizational Excellence, 73-81.
Mello, J.A. (2019, August 9). Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity. SAGE Open, 9(3), https://doi.org/10.1177/2158244019869106
Muhl, C.J. (2001, January). The Employment-at-will Doctrine: Three Major Exceptions. Monthly Labor Review, 3-11. Retrieved from Bureau of Labor Statistics website: https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Study Document
Coronavirus And The Courts
… provoke fear and hysteria, which are the main drivers of the lockdown. Governors across the US have used fear and hysteria, rather than common sense, as justification for locking down their states and putting 20 million people out of work. Sweden, on the other hand, has not … be a horrible violation of human and civil liberties.
With that said, we are tasked not only with assessing the spirit of the law but also the letter of the law, even though it has been said that the letter kills but the spirit gives life. The letter of the law exists to set the parameters for the spirit—not to be twisted by linguists and law whose livelihoods depends upon their ability to reinterpret and re-imagine new meanings for words. The law is a thing to be respected, and yet everywhere it appears it has been gravely abused with fear and……
References
Works Cited
Allen v. Harrison (2016). https://law.justia.com/cases/oklahoma/supreme-court/2016/111877.html
Baker, Sinead. “The architect of Sweden's controversially lax coronavirus response says he thinks it's working, and that the capital city is already benefiting from herd immunity.” Business Insider, 2020. https://www.businessinsider.com/coronavirus-sweden-defends-plan-not-to-lock-down-immunity-2020-4
C&A Carbone, Inc. v. Town of Clarkstown, N.Y., 511 U.S. 383 (1994). https://www.oyez.org/cases/1993/92-1402
District of Columbia v. Heller (2008). Retrieved from https://www.oyez.org/cases/2007/07-290
Fox 2. “Alleged fraudulent COVID-19 treatments spark FBI raid of Shelby Twp medical spa.” Fox 2, 2020. https://www.fox2detroit.com/news/alleged-fraudulent-covid-19-treatments-spark-fbi-raid-of-shelby-twp-medical-spa
Jacobson v. Massachusetts, 197 U.S. 11 (1905). https://supreme.justia.com/cases/federal/us/197/11/
Roe v. Wade (1973). https://www.oyez.org/cases/1971/70-18
Zucht v. King (1922). https://supreme.justia.com/cases/federal/us/260/174/
Study Document
Technocrime And Insider Trading
… collar crimes
Q1. What is insider trading and why can it be so detrimental to the economy and society?
According to the Cornell law School Legal Information Institute, “Insider trading is the trading of a company’s stocks or other securities by individuals with access to confidential or … and other types of computer-driven crimes (Kelly, 2020). Not all forms of technocrime are perpetuated against computer users, although these are the most common scams. Skimming off of ATMs and hacking into other devices are also types of technocrime (Kelly, 2020). Technocrime is largely thought of as … does not have to be solely perpetuated through technology, although the use of technology is its primary element.
Reference
Insider trading. (2019). Cornell law School Legal Information Institute. Retrieved from: https://www.law.cornell.edu/wex/insider_trading
Kelly, M. (2030). Technocrime: Forms and examples. Study.com. Retrieved from: https://study.com/academy/lesson/technocrime-forms-examples.html…
References
Reference
Insider trading. (2019). Cornell Law School Legal Information Institute. Retrieved from:
https://www.law.cornell.edu/wex/insider_trading
Kelly, M. (2030). Technocrime: Forms and examples. Study.com. Retrieved from:
https://study.com/academy/lesson/technocrime-forms-examples.html
Study Document
Criminal Justice Ethical Issues
law Misconduct and the Sixth Amendment Rights of the Accused
1
The responsibility of the law in preventing harm to oneself and upholding social morals varies from state to state. For example, in parts of Nevada, prostitution is legal; … drug use. In some states, like Colorado, marijuana use has been legalized. In other states, it is still illegal and even under federal law it is illegal. Thus, in a democracy, the people are ultimately the ones to determine what their law will be. However, there are definitely organizations that lobby for certain law to be passed. For instance, prior to Prohibition, there were organizations that lobbied to have alcohol banned and eventually their voices were heard … there were organizations that lobbied to have alcohol banned and eventually their voices were heard at the federal level.
The responsibility of the law in preventing harm to oneself is ultimately a……
References
References
Rindels, M. (2018). How legal prostitution works in Nevada. Retrieved from https://thenevadaindependent.com/article/the-indy-explains-how-legal-prostitution-works-in-nevada
Wilhelm, R. (2019). Effective counsel. Retrieved from https://www.lawyers.com/legal-info/criminal/criminal-law-basics/effective-or-ineffective-assistance-of-counsel.html
Study Document
Code Of Ethics For Managers In Acquisition
… also serve an insurance function, and often serve as much to protect management as they do to guide organizational behavior. However, understanding the law in codes of ethics has a valuable purpose – to highlight areas of potential improvement, and strengthen future codes of ethics.
Case-Based Training
… tie it to the training that managers must undergo. Harkrider et al (2012) note that case-based ethics training is one of the most common forms of ethical training. In order to have effective case-based training, however, it is necessary that the training be aligned with some existing … the content of the code. Openness of the language used is important, but there does need to be specificity that covers the more common situations. If one is engaged in case-based training, that would be something that is illegal (like bribery), where there is no ethical ambiguity, … be able to provide guidance……
References
References
Adelstein, J. & Clegg, S. (2016) Code of ethics: A stratified vehicle for compliance. Journal of Business Ethics. Vol. 138 (1) 53-66.
Lazeros, M. (2008) Leaders can learn from Druyun’s ethical lapses and their consequences. USAWC Research Project. Retrieved October 25, 2019 from https://apps.dtic.mil/dtic/tr/fulltext/u2/a479019.pdf
McConnnell, A. & Rood, T. (1997) Ethics in government: A survey of misuse of position for personal gain and its implications for developing acquisition strategy. Journal of Business Ethics. Vol. 16 (1997) 1107-1116.
McConnell, T. (2018). Moral dilemmas. Stanford Encyclopedia of Philosophy Retrieved October 25, 2019 from https://plato.stanford.edu/entries/moral-dilemmas/
Neu, D., Everett, J. & Rahaman, A. (2015) Preventing corruption within government procurement: Constructing the disciplined and ethical subject. Critical Perspectives on Accounting. Vol. 28 (2015) 49-61.
Study Document
What Is Cybercrime And How To Deter It
… a variety of forms, identity theft, and hacking (Schjølberg, 2017). Today, cybercriminals can take control of radar systems, hijack ships, and steal data. common cyber crime often takes the form of enterprise crime, in which illegal activities are united under a legitimate business front, allowing the crime … of Prohibition it was moving alcohol. Enterprise crime can hide behind restaurants, charitable organizations, art galleries and so on. One of the most common forms of enterprise crime, however, is cybercrime.
The specific facets of the modern technology/computer revolution which make cybercrime possible include the ability to … often mask their footprints and make it appear as though the crime was conducted by another person or country.
State, Federal and International law Related to Cybercrime
The federal Computer Fraud and Abuse Act is the main law that allows for the prosecution of cybercrime. It prohibits unauthorized access to a computer or……
References
References
Computer Hope. (2019). When was the first computer invented? Retrieved from https://www.computerhope.com/issues/ch000984.htm
Crane, C. (2019). 33 alarming cybercrime statistics you should know in 2019. Retrieved from https://www.thesslstore.com/blog/33-alarming-cybercrime-statistics-you-should-know/
Schjølberg, Stein. (2017). The History of Cybercrime (1976-2016). Books on Demand.
Statista. (2020). Global digital population. Retrieved from https://www.statista.com/statistics/617136/digital-population-worldwide/
Taylor, R. W., Fritsch, E. J., Liederbach, J., Saylor, M. R., & Tafoya, W. L. (2019). Cyber crime and cyber terrorism. NY, NY: Pearson.
Study Document
Effectiveness Of The War On Drugs
…
III. Literature Review
A. Balancing public health/safety with personal liberty/self-empowerment (ACLU, 2020; Payne & Hutton, 2017).
B. Alternate strategies, pilot projects
1. Cannabis law reform (ACLU, 2020; Coyne & Hall, 2018; Godlee,& Hurley, 2016).
2. Psychedelics (Coyne & Hall, 2018; Godlee,& Hurley, 2016)
IV. Discussion
V. Conclusions
… databases contain over a million entries related to the war on drugs, covering perspectives linked to psychology, sociology, public health, history, and the law. Of these, none provide tangible support for the war on drugs or recommend its perpetuation as evidence-based or pragmatic policy. Almost without exception … too, major research organizations and academic institutions decry the war on drugs and point out its failure in quantitative terms. Writing for Harvard law Today, London (2005) mentions the more than 500,000 individuals serving time in prison for nonviolent drug offenses. Imprisonment as a response to drug-related … The Center for American Progress……
References
References
ACLU (2020). Against drug prohibition. Retrieved from: https://www.aclu.org/other/against-drug-prohibition
“America is At War,” (n.d.). Retrieved from: https://web.stanford.edu/class/e297c/poverty_prejudice/paradox/htele.html
Bambauer, J. Y. (2012). How the war on drugs distorts privacy law. Stanford Law Review 62(2012). Retrieved from: https://www.stanfordlawreview.org/online/how-the-war-on-drugs-distorts-privacy-law/
Benson, B.L., Kim., I., Rasmussen, D.W., et al. (1992, 2006). Is property crime caused by drug use or by drug enforcement policy? Applied Economics 24(7): 679-692.
Best, D., Irving, J. & Albertson, K. (2016). Recovery and desistance: what the emerging recovery movement in the alcohol and drug area can learn from models of desistance from offending. Addiction Research & Theory 25(1): 1-10.
Coomber, R., Moyle, L., Belackova, V., et al. (2018). The burgeoning recognition and accommodation of the social supply of drugs in international criminal justice systems: An eleven-nation comparative overview. International Journal of Drug Policy 58(2018): 98-103.
Coyne, C.J. & Hall, A. R. (2017). Four decades and counting. CATO Institute. Retrieved from: https://www.cato.org/publications/policy-analysis/four-decades-counting-continued-failure-war-drugs
Farabee, D., Prendergast, M. & Anglin, M.D. (1998). The effectiveness of coerced treatment for drug-abusing offenders. 62 Fed. Probation 3 (1998).
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