Common Law Essays (Examples)
Study Document
Cyber Espionage
… its legitimacy and view as an acceptable state behavior. [3: William C. Banks, “Cyber Espionage and Electronic Surveillance: Beyond the Media Coverage”, Emory law Journal 66, (2017):513.]
Problem Statement
Cyber espionage involves illegal practices that result in information theft that could be used to attack an adversary. … as intentional activities used by an adversary to collect information resident on or transmitted through computer systems or networks.[footnoteRef:4] Cyber espionage has become common in the modern international relations framework due to use of cyberspace and the emergence of cyber warfare. In addition, the rise of cyber … and espionage, there are additional contributing factors. According to Lotrionte (2015), cyber espionage, particularly economic espionage is brought by the failure by international law to provide public order.[footnoteRef:5] Prescriptive norms of international law are not strong enough to provide public order that would deter cyber espionage, especially economic espionage. Similarly, Libicki (2017) contends……
References
Bibliography
Ablon, L. “Data Thieves: The Motivations of Cyber Threat Actors and Their Use and Monetization of Stolen Data.” RAND Corporation, March 2018. https://www.rand.org/content/dam/rand/pubs/testimonies/CT400/CT490/RAND_CT490.pdf
Agarwal A. & CERT-IN. “Cyber Espionage, Infiltration and Combating Techniques.” Indian Computer Emergency Response Team, 2013. https://www.cert-in.org.in/Downloader?pageid=5&type=2&fileName=CIPS-2013-0128.pdf
Banks, W.C. “Cyber Espionage and Electronic Surveillance: Beyond the Media Coverage.” Emory law Journal 66, (2017).
Baxter, P. & Jack, S. “Qualitative Case Study Methodology: Study Design and Implementation for Novice Researchers.” The Qualitative Report 13, no. 4 (2008).
Brown, G. “Spying and Fighting in Cyberspace: What is Which?” Journal of National Security Law & Policy 8, (2017).
Connell, M. & Vogler, S. “Russia’s Approach to Cyber Warfare.” CNA Analysis and Solutions, 2017. https://www.cna.org/CNA_files/PDF/DOP-2016-U-014231-1Rev.pdf
Creswell, J.W. Research design: Qualitative, quantitative, and mixed methods approaches, 4th ed. Thousand Oaks, CA: Sage Publications Inc.
Diplomacy Data. “Cyber Security and Cyber Espionage in International Relations.” Diplomacy Data, 2015. http://diplomacydata.com/cyber-security-and-cyber-espionage-in-international-relations/
Study Document
Determinate Versus Indeterminate Sentencing Policies
Abstract
Indeterminate sentencing law allow judges to give convicted felons a window of time rather a specific sentence length. With indeterminate sentencing, the judge provides a minimum … procedure in which the trial judge does sentence an offender to a specific length of time. Both determinate and indeterminate sentencing have been common practiced in the United States, and each of these policies has strengths and drawbacks. While indeterminate sentencing can be helpful in cases where … will be paroled closer to the minimum term than those who do not,” but in practice this may not be the case (Cornell law School Legal Information Institute, n.d., p. 1). As O’Hear (2011) points out, delaying a prisoner’s release within the indeterminate range is frequently used … to make decisions out of spite or malice rather than on objective…[break]…regularly such as probation and corrections officers. When conjoined with mandatory minimum law, determinate sentencing……
References
References
Allen, J. (2016). CU rape case sparks debate over Colorado’s indeterminate sentencing law. The Denver Channel. Retrieved from: https://www.thedenverchannel.com/news/local-news/colorados-indeterminate-sentencing-criticized
Baker, J. (2020, Aug 10). Davis sentenced to 15 years in 2017 Wheeling hotel killing. WTOV. Retrieved from: https://wtov9.com/news/local/davis-sentenced-to-15-years-in-2017-wheeling-hotel-killing
Cornell Law School Legal Information Institute (n.d.). Indeterminate sentence. Retrieved from: https://www.law.cornell.edu/wex/indeterminate_sentence
Gant, J. & Hussain, D. (2020, 5 Aug). Hero PC Andrew Harper’s mother slams ‘unduly lenient sentences for her son’s killers. Daily Mail. Retrieved from: https://www.dailymail.co.uk/news/article-8592283/Attorney-General-review-jail-terms-handed-three-teenagers-killed-PC-Andrew-Harper.html
Green, S.J. (2020, Aug 6). Brothers sentenced to 40 years in prison for 2016 shooting at Seattle homeless encampment. Bakersfield. Retrieved from: https://www.bakersfield.com/ap/national/brothers-sentenced-to-40-years-in-prison-for-2016-shooting-at-seattle-homeless-encampment/article_5c5d040d-0e0c-532e-9fd7-794232746f5d.html
O’Hear, M.M. (2011). Beyond rehabilitation. 48 Am. Crim. L. Rev. 1247 (2011).
Puzauskas, K. & Morrow, K. (2018). No indeterminate sentencing without parole. 44 Ohio N.U. L. Rev. 263 (2018).
Rhine, E.E., Watts, A. & Reitz, K.R. (2018). Parole boards within indeterminate and determinate sentencing structures. Robina Institute of Law and Criminal Justice. Retrieved from: https://robinainstitute.umn.edu/news-views/parole-boards-within-indeterminate-and-determinate-sentencing-structures
Study Document
Policy On Shift Swapping
Policy on Shift Swapping
Shift swapping is a common practice in modern workplaces both in the public and private sectors. Organizations including federal agencies have established shift swapping policies through which employees … In addition to enhancing employee retention and performance, shift swapping also contributes to workplace flexibility. For this federal agency, shift swapping is a common practice for part- and full-time employees. However, some full-time employees have abused the policy, which has resulted in significant negative impacts such as … the timecard scandal and abuse of the agency’s shift swapping policy by workers, particularly full-time employees.
Problem Statement
The agency is facing a law from Matt Glynne, a part-time employee who was injured on the job after his claim for workman’s compensation was rejected. Glynne’s claim was … denied because he was shift swapping when the injury occurred and therefore, not clocked in under his own name. Shift swapping……
References
References
Bowen, G.A. (2009). Document Analysis as a Qualitative Research Method. Qualitative Research Journal, 9(2), 27-40. DOI: 10.3316/QRJ0902027
Disselkamp, L. (Ed.). (2013). Workforce Asset Management Book of Knowledge. Hoboken, NJ: John Wiley & Sons.
Golden, L. (2015, April 9). Irregular Work Scheduling and Its Consequences. Retrieved May 20, 2020, from https://www.epi.org/publication/irregular-work-scheduling-and-its-consequences/
Paychex. (2019, November 13). How to Manage and Minimize Trading Shifts at Work. Retrieved May 12, 2020, from https://www.paychex.com/articles/payroll-taxes/how-to-manage-and-minimize-trading-shifts-at-work
Study Document
Child Protection
… can identify, consult others, and respond to situations where a young person or a child is at risk of harm. Some of the common reasons that predispose young people and children to risk include family and domestic violence, sexual, emotional, and physical neglect. In Fiona's case, the … a solution to the problem.
Currently, it is the mother who takes care of Fiona. Fiona's father is serving a jail term. Susanna's mother-in-law could have helped, but all her time is tied up with work. The worry I have is the excellent care that Fiona needs … to take care of, apart from the daily house chores to attend to. Therefore, the central concern is supervision.
Child Protection Discussion
The law states that children and young people have the right to be kept safe in the homes and families they live in. These homes … have been viewed as evidence……
References
References
Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.
Child Family Community Australia (CFCA). (2016). Australian legal definitions: When is a child in need of protection? (CFCA Resource Sheet). Melbourne: Australian Institute of Family Studies.
New South Wales Government. (1998). Children and Young Persons (Care and Protection) Act 1998.
NSW Government, (2018a). Child wellbeing and child protection fact sheet for NSW Health workers. Retrieved from https://www.health.nsw.gov.au/parvan/childprotect/Pages/child-wellbeing.aspx
NSW Government, (2018b). About child protection and wellbeing. Retrieved from https://www.health.nsw.gov.au/parvan/childprotect/Pages/default.aspx
WHO (2002). \\\\\\\\\\\\"Chapter 3: Child abuse and neglect by parents and other caregivers.\\\\\\\\\\\\" World report on violence and health. Retrieved from https://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap3.pdf
World Health Organization. (2006). Preventing child maltreatment: a guide to taking action and generating evidence. Geneva, WHO.
Study Document
Clinical Informatics
… paper will discuss clinical informatics concepts emerging in the 21st century, what evidence-based practice (EBP) shows with respect to clinical informatics, how the law figures into this issue with respect to HIPAA, privacy/confidentiality and security issues; and how patient safety, the nursing role and electronic medical records … for how this can be accomplished include training in how to find information, how to appraise information, and how to apply information. One common mistaken assumption among nurses is that having clinical informatics skills simply means to have computer literacy (Khezri & Abdekhoda, 2019). While computer literacy … interact with, command, and drive informational technology resources has grown—and nowhere is that seen more than in health care.
Informatics, EBP and the law
Nursing informatics can be useful when it comes to implementing EBP for quality care (Elsayed, Hussein & Othman, 2017). However, as Effken, Weaver, … have to follow these regulations.……
References
References
Cho, O. M., Kim, H., Lee, Y. W., & Cho, I. (2016). Clinical alarms in intensive care units: Perceived obstacles of alarm management and alarm fatigue in nurses. Healthcare informatics research, 22(1), 46-53.
Effken, J., Weaver, C., Cochran, K., Androwich, I., & O’Brien, A. (2016). Toward a central repository for sharing nursing informatics’ best practices. CIN: Computers, Informatics, Nursing, 34(6), 245-246.
Elsayed, W. A., Hussein, F. M., & Othman, W. N. (2017). Relation between nursing informatics competency and nurses’ attitude toward evidence-based practice among qualified nurses at Mansoura Oncology Center. International Journal of Nursing Didactics, 7(6), 26-33.
Drolet, B. C., Marwaha, J. S., Hyatt, B., Blazar, P. E., & Lifchez, S. D. (2017). Electronic communication of protected health information: privacy, security, and HIPAA compliance. The Journal of hand surgery, 42(6), 411-416.
Haupeltshofer, A., Egerer, V., & Seeling, S. (2020). Promoting health literacy: What potential does nursing informatics offer to support older adults in the use of technology? A scoping review. Health Informatics Journal, 1460458220933417.
Kharbanda, E. O., Asche, S. E., Sinaiko, A. R., Ekstrom, H. L., Nordin, J. D., Sherwood, N. E., & O’Connor, P. (2018). Clinical decision support for recognition and management of hypertension: a randomized trial. Pediatrics, 141(2).
Khezri, H., & Abdekhoda, M. (2019). Assessing nurses’ informatics competency and identifying its related factors. Journal of Research in Nursing, 24(7), 529-538.
Kleib, M., & Nagle, L. (2018). Factors associated with Canadian nurses\\\\\\\\\\\\' informatics competency. CIN: Computers, Informatics, Nursing, 36(8), 406-415.
Study Document
Criminal Profiling Of Serial Killers
Does Criminal Profiling Work or is it Unjustified The Case of Tim Masters
Introduction
Criminal profiling allows law enforcement to develop their understanding of particular types of crime, criminals, criminal behaviors, and crime-ridden areas. The FBI’s Uniform Crime Reporting (UCR) Program … process works, who conducts it, what traits of serial killers profiles tend to focus on, and how effective the process is at helping law enforcement agents catch killers. It will ultimately show that while criminal profiling of serial killers has enjoyed some success in the past, it … investigatory tool than as a prosecutorial tool (Van Aken, 2015). The FBI’s NVAVC has definitions and typographies that can be used to assist law enforcement investigations in the identification of or search for serial killers in cases where serial killing is suspected. The term serial killer stems … what goes into making a serial killer, and case studies like those……
References
References
Alldredge, J. (2015). The" CSI Effect" and Its Potential Impact on Juror Decisions. Themis: Research Journal of Justice Studies and Forensic Science, 3(1), 6.
Bonn, S. (2019). How the FBI Profiles Serial Offenders. Retrieved from https://www.psychologytoday.com/us/blog/wicked-deeds/201905/how-the-fbi-profiles-serial-offenders
Dogra, T.D. et al. (2012). A psychological profile of a serial killer: A case report. Omega: Journal of Death & Dying 65(4), 299-316.
FBI. (2019). Summary of the Uniform Crime Reporting Program. Retrieved from https://www2.fbi.gov/ucr/killed/2009/aboutucr.html
Karson, M. (2017). Why Profiling Serial Killers Can’t Work. Retrieved from https://www.psychologytoday.com/us/blog/feeling-our-way/201711/why-profiling-serial-killers-can-t-work
Miller, L. (2014). Serial killers: I. Subtypes, patterns and motives. Aggression and Violent Behavior 19, 1-11.
Samuel, D. B., & Widiger, T. A. (2007). Describing Ted Bundy's personality and working towards DSM-V. Practice, 27, 20-22.
Sarteschi, C. M. (2016). Serial Murder. In Mass and Serial Murder in America (pp. 45-67). Springer, Cham.
Study Document
Principles Of American Democracy
… was the issue of voting—the distinction between political and civil rights: “Political rights guaranteed equal participation; civil rights guaranteed equal treatment before the law in matters concerning marriage, property, and inheritance.”[endnoteRef:5] Today, the assumption is that people should have both civil and political rights and that these … of man than did Robespierre, who pushed for total equality and saw it as one of the noblest virtues of the revolution.
Natural law as summarized by Diderot in the middle of the 18th century in France had done enough to provoke outcry among the Old World … Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31 (Boston: Bedford), 5.]
If there was any common among the Revolutionaries, however, it was at least on the matter of liberty. When the revolutionaries took over in France, the first principle … election of Lincoln showed as……
References
References
Declaration of Independence. (1776). Retrieved from https://www.archives.gov/founding-docs/declaration-transcript
Rousseau, J. (2018). Retrieved from https://plato.stanford.edu/entries/rousseau/
Van Voris, J. (1996). Carrie Chapman Catt: A Public Life. New York City: Feminist Press at CUNY.
Hunt, L. (2016). "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), 1.
Hunt, L. (2016). "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), 5.
National Assembly. “Declaration of the Rights of Man and Citizen, 26 August 1789.” Liberte, Egalite, Fraternite. http://chnm.gmu.edu/revolution/exhibits/show/liberty--equality--fraternity/item/3216
Foote, S. (1958). The Civil War: Ft. Sumter to Perryville. NY: Random House.
Brutus No. 1. (1787). http://www.constitution.org/afp/brutus01.htm
Study Document
Political Correctness In Modern Politics An Assessment Of The Trump
… to the author, prior to Trump (and to some extent even presently), it had become a norm for national interests as well as common sense and truth to be suppressed in an attempt to promote or even advance ideals closely linked to equality and diversity. It therefore … suggest that people have a right to offend. However, nothing could be further from the truth. Otherwise, we would not be having libel law. Regardless, Conway (2020) is of the opinion that deep inside, people do not like being barred from expressing their deepest feelings. To a … are clearly changing. As to whether this new perspective will take root, only time can tell. However, there are certain social norms and common language etiquettes on which civilization rests. Human beings are not called upon to air all their private thoughts in public. It would be ……
References
References
Conway, L.C. (2020). How a cultural revolt against “political correctness” helped launch Trump into the presidency. Retrieved from https://blogs.lse.ac.uk/usappblog/2018/02/28/how-a-cultural-revolt-against-political-correctness-helped-launch-trump-into-the-presidency/
Hart, R.P. (2020). Trump and Us: What He Says and Why People Listen. New York, NY: Cambridge University Press.
Morini, M. (2020). Lessons from Trumps Political Communication: How to Dominate the Media Environment. Belmont, CA: Springer Nature.
Marron, M.B. (2019). Misogyny and Media in the Age of Trump. New York, NY: Rowman & Littlefield.
Mooney, A. & Evans, B. (2015). Language, Society and Power. New York, NY: Routledge.
NPR (2016). \\\\\\'Politically Correct\\\\\\': The Phrase Has Gone From Wisdom To Weapon. Retrieved from https://www.npr.org/sections/codeswitch/2016/12/14/505324427/politically-correct-the-phrase-has-gone-from-wisdom-to-weapo n
Travers, M. (2019). In New Research, Psychologists Explore The Upside Of Political Incorrectness. Retrieved from https://www.forbes.com/sites/traversmark/2019/10/09/in-new-research-psychologists-explore-the-upside-of-political-incorrectness/#7935b4c252af
Study Document
Political Frame In The Walt Disney Company
… metaphor and its applicability on Eisner’s case
The jungle metaphor depicts a society that is comparable to the wilderness, where there are no law the regulate relationships and operations, and thus, it is everyone to his or her own devices. This phenomenon has also been described in ……
References
References
Bolman, L. G., & Deal, T. E. (2017). Reframing organizations: Artistry, choice, and leadership. John Wiley & Sons.
Bright, R., & Eisner, M. (1987). Disneyland: Inside Story. Harry N. Abrams, Incorporated, Publishers.
Downes, M., Russ, G. S., & Ryan, P. A. (2007). Michael Eisner and His Reign at Disney. Journal of the International Academy for Case Studies, 13(3), 71-81.
Forbes, W., & Watson, R. (2010, July). Destructive Corporate Leadership and Board Loyalty Bias: A case study of Michael Eisner’s long tenure at Disney Corporation. In Working Paper presented at the Behavioural Finance Working Group Conference, Cass Business School.
Sasnett, B., & Ross, T. (2007). Leadership frames and perceptions of effectiveness among health information management program directors. Perspectives in health information management/AHIMA, American Health Information Management Association, 4.
van Weezel, A. (2006). A Behavioural Approach to Leadership: The case of Michael Eisner and Disney. In Leadership in the Media Industry: Changing Contexts, Emerging Challenges (pp. 169–178). Jönköping: Media Management and Transformation Centre, Jönköping International Business School.
Study Document
Directors Remuneration And Its Impact On Share Repurchases
… obtain the views of stakeholders on share repurchases to see whether this activity is viewed with approval or disapproval in relation to the common good of society. The theoretical framework that will be used for this study is based on Mill’s utilitarian theory—i.e., that from a utilitarian … is based on Mill’s utilitarian theory—i.e., that from a utilitarian perspective, an action may be considered moral if it contributes to the greatest common good of a community (Mill, 1859).
It is expected that stakeholders who are shareholders will welcome the…[break]…share repurchasing program in connection with directors’ ……
References
References
Bendix, R. (1974). Inequality and social structure: a comparison of Marx and Weber. American Sociological Review, 149-161.
Chan, R., & Hoy, M. (1991). East—West joint ventures and buyback contracts. Journal of International Economics, 30(3-4), 331-343.
Choi, C. J., & Maldoom, D. (1992). A simple model of buybacks. Economics Letters, 40(1), 77-82.
Durkheim, E. (1997). The Division of Labor in Society. NY: The Free Press.
Egan, M. (2018). Tax cut triggers $437 billion explosion of stock buybacks. Retrieved from https://money.cnn.com/2018/07/10/investing/stock-buybacks-record-tax-cuts/index.html
Goldsmith, J. M. (1994). The case against GATT. Multinational Monitor, 15(10), 20-24.
Lee, P. (2018). Share Buybacks and Redemptions: Legal Update - Companies Act 2014. Retrieved from https://www.lexology.com/library/detail.aspx?g=30c07ac8-c29c-4f99-b17d-7844d09888ea
Mill, J. S. (1859). On Liberty. London: John W. Parker and Son, West Strand.
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