Due Process Essays (Examples)
Study Document
Acquisition Process In Action At The Department Of Energy
How the DOE Used the Acquisition process to Demolish a Contaminated Building
Today, many organizations lack the resources to engage in a formal acquisition process while others rely on acquisitions process that are specially designed for a specific project. In either case, these organizations may fail to achieve optimal outcomes due to these types of approaches to the acquisition process. One organization that has recognized the importance of using a formal, standardized acquisition process in the U.S. Department of Energy which oversees dozens of major projects each year. The purpose of this paper is to provide a … year. The purpose of this paper is to provide a detailed review of a major program that has been managed, via the acquisition process, over the past decade, by the Department of Energy at the Y-12 National Security Complex. A description of the demolition project is followed … Department of Energy at……
References
References
About DOE. (2020). U.S. Department of Energy. Retrieved from https://www.energy.gov/about-us ,
About Y-12. (2020). U.S. Department of Energy. Retrieved from https://www.y12.doe.gov/ about.
Birchfield, J. W. & Albrecht, L. (2012). Successful characterization strategies for the active high risk Y-12 National Security Complex 9201-5 (Alpha-5) Facility, Oak Ridge, TN - 12164. United States.
Recovery cleanup project at Y-12. (2010). U.S. Department of Energy. Retrieved from https://www.energy.gov/orem/articles/recovery-cleanup-project-y-12-leaves-alpha-5-empty-feeling .
Standard review plan: Acquisition strategy review module. (2010, March). Washington, DC: Office of Environmental Management.
Supplement analysis for the site-wide environmental impact statement for the Y-12 National Security Complex (DOE/EIS-0387-SA-02). (2018, May). U.S. Department of Energy. Retrieved from https://www.energy.gov/sites/prod/files/2018/05/f51/EIS-0387-SA02-2018_0.pdf .
Teamwork successfully brings down the Alpha 5 Annex. (2018). U.S. Department of Energy. Retrieved from
Study Document
US Government Contracting Process Article
… bidding ideals. Further, in some instances, the government has held the short end of the stick in as far as risk is concerned due to cost-plus contract awards. Yet another major concern in this realm has been lack of systems to not only oversee, but also monitor … practices and evaluate private contractor behaviors. A study of this nature would enable us to evaluate the effectiveness of the U.S. government contracting process.…
References
Article Abstract
Berrios, R. (2006). Government Contracts and Contractor Behavior. Journal of Business Ethics, 63: 119-130.
Privatization, in the realm of government contracts, could be conceptualized in terms of outsourcing and contracting out. Here, the government reaches out to firms in the private sector to avail essential and other critical services. There are various benefits that could be realized as a consequence of such a move. These include, but they are not limited to, enhanced efficiency and access to higher skill levels. To a large extent, the competitive nature of such engagements results in greater efficiency in as far as service delivery is concerned. It is important to note that in principle, the government contracting system ought to not only be competitive, but also open. In some instances, however, this has not been the case. This is more so the case given that some of the contracts awarded in the past have not sufficiently followed the competitive bidding ideals. Further, in some instances, the government has held the short end of the stick in as far as risk is concerned due to cost-plus contract awards. Yet another major concern in this realm has been lack of systems to not only oversee, but also monitor private contractors. In this case, the government has in some instances failed to actively utilize past performance evaluations. The situation is further complicated by the fact that most of the private contractors engaged by the government have extensive contacts inside the U.S. government, have vast resources at their disposal, and are relatively well-established in their respective industries. With this in mind, there is need to conduct a review of the present U.S. government contracting practices and evaluate private contractor behaviors. A study of this nature would enable us to evaluate the effectiveness of the U.S. government contracting process.
Study Document
EEOC Complaint Process
All workers in the United States who are members of a protected class due to age, ethnicity, race, national origin, disability, sex, or religion have the legal right not to be harassed under the Civil Rights Act … the legal right not to be harassed under the Civil Rights Act of 1964 (Glaviano, 2017). John does fall under the protected class due to his national origin and race since he identifies as Hispanic. Since his supervisor has been calling him "idiot" and another inflammatory name ……
References
References
EEOC. (n.d). Filing a Formal Complaint. Washington, DC: EEOC Headquarters Retrieved from https://www.eeoc.gov/federal-sector/filing-formal-complaint .
Glaviano, A. (2017). Teaching Organizational Leaders: Application of Title VII of the Civil Rights Act of 1964 to Hiring Practices and Harassment Prevention in New Orleans.
Meyers, S. D. (2015). Who’s the Boss: The Definition of a Supervisor in Workplace Harassment Under Vance v. Ball State University. Saint Louis University Law Journal, 59(3), 19.
Study Document
Coronavirus And The Courts
The Right to due process and Privacy in Times of Coronavirus
Introduction
One of the major problems in the US and the wider world is the dissemination of … of the constitutional law that gives this country the conditions upon which rights are to be exercised and laws are to be implemented.
due process is one of the most important aspects of American law and yet it is flagrantly disregarded by lawmakers and justices, all of whom … who are made victims of a vile and unscrupulous approach to law and the execution of justice. Every American has the right to due process as defined by the Constitution and no American should feel like he has to make a defense for his liberties by appealing to ……
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
Higher Education Labor Rights Faculty Tenure
… as whether or how to terminate tenured faculty for financial reasons. In situations like these, tenured faculty have some legal rights such as due process. Part-time and untenured faculty do not enjoy the same legal rights, and may not even be entitled to collective bargaining. An increasing number … vested interest in shared governance models of organizational structure (Curnalia & Mermer, 2018). Shared governance implies that…[break]…and to collective bargaining.
The Collective Bargaining process
Integral to the exercise of labor rights, collective bargaining is a process by which administrators and faculty negotiate terms with the ideal outcome of a win-win situation. As with shared models of governance in academic … legal status of all parties. According to the AAUP (2019), collective bargaining remains far more common and accessible in state funded educational institutions due in part to landmark legislation that seriously undermined faculty rights in the United States: National Labor……
References
References
Alleman, N.F. & Haviland, D. (2017). “I expect to be engaged as an equal”: collegiality expectations of full-time, non-tenure-track faculty members. High Educ (2017) 74: 527. https://doi.org/10.1007/s10734-016-0062-4
American Association of University Professors (AAUP 2019). Tenure. Retrieved from: https://www.aaup.org/issues/tenure
Curnalia, R. M. L., & Mermer, D. (2018). Renewing our commitment to tenure, academic freedom, and shared governance to navigate challenges in higher education. Review of Communication, 18(2), 129–139.doi:10.1080/15358593.2018.1438645
Eastman, N. J., & Boyles, D. (2015). In defense of academic freedom and faculty governance: John Dewey, the 100th anniversary of the AAUP, and the Threat of Corporatization
Mitchell, M., Palacios, V. & Leachman, M. (2015). States are still funding higher education below pre-recession levels. Journal of Collective Bargaining in the Academy, April 2015, Article 71. Retrieved from: https://thekeep.eiu.edu/cgi/viewcontent.cgi?article=1524&context=jcba
Study Document
Solitary Confinement And Mental Health Issues In Corrections
… of prisoners’ rights today, as the case of Wolff v. McDonnell, 418 U.S. 539 (1974) showed. This was the United States Supreme Court that clarified the due process rights of prisoners. The case addressed the issue of how the corrections system could implement punitive measures, particularly with respect to inmates’ good … to defend themselves in a hearing, the case went to the Supreme Court where it was established that prisoners have a right to due process even in prison. This was an important ruling because due process has been defined as “the highest safeguard of liberty” (Oaks, 1965, p. 243).
Thus, punishments cannot be implemented unilaterally without regard for inmates’ … defined as “the highest safeguard of liberty” (Oaks, 1965, p. 243).
Thus, punishments cannot be implemented unilaterally without regard for inmates’ right to due process; nor can rehabilitation involve the use of cruel or unusual punishment. As Richmond (2015) points……
References
References
Clemmer, D. (1940). The prison community. New Braunfels, TX: Christopher Publishing House.
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . .Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Corrections Arizona Department. (2020). Retrieved from https://corrections.az.gov/location/110/kingman
Dryburgh, M. (2009). Policy implications of whistle-blowing: The case of Corcoran State Prison. Public Integrity, 11(2): 155-170.
Fantel, H. (1974). William Penn: Apostle of Dissent. NY: William Morrow & Co. Florida Department of Corrections. (2020). Retrieved from
https://twitter.com/FL_Corrections/status/1234884340296843266
Hensley, J. & Rough, G. (2011). Kingman prison still under scrutiny. Retrieved from http://archive.azcentral.com/news/articles/2011/01/30/20110130kingman-prison-still-under-scrutiny0130.html
HIV among Incarcerated Populations. (2015). CDC. Retrieved from http://www.cdc.gov/hiv/group/correctional.html
Study Document
Principles Of American Democracy
… respect has been somewhat destroyed by partisan politics in Washington. Whether it is Republicans attempting to drag President Clinton through a sordid impeachment process focusing on his sexual relations with an intern, or Democrats attempting to drag President Trump through a charade of collusion and various other … his sexual relations with an intern, or Democrats attempting to drag President Trump through a charade of collusion and various other accusations, the process of demonstrating equal respect seems lost on today’s political representatives. They engage in virtual signaling, bending the knee to the mob, kowtowing to … and young people, yet few people actually go out and vote. This indicates that there is little belief or trust in the democratic process. What does it mean, therefore, for the ideals to be pursued by some while the vast majority steer clear of the system altogether, ……
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
Private Security And Law
… The company could be found vicarious liable on the premise that it did not adequately prepare the security guards on how to follow due process when dealing with a suspected criminal. Yee (2018) state that under the doctrine of vicarious liability, a security guard’s employer can be found … violation. When apprehending and carrying away the suspected shoplifter, the security guards deprived him of his rights and privileges by failure to follow due process. Therefore, the private security guards violated the due process rights granted to this individual by the Fourth Amendment……
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
Constitutional Rights And Administrative Goals
… and handling of prisoners.
Wolff v. McDonnell, 418 U.S. 539 (1974) was the United States Supreme Court case that set the record straight on prisoners and their due process rights. One of the allowances provided prisoners is their “good time credits”—and upon the occasion that these are taken from prisoners as a … present evidence in his defense. The Court showed the extent to which prisons must consider the rights of the incarcerated.
Oaks (1965) defines due process as “the highest safeguard of liberty” (p. 243). That liberty must extend to prisoners as they do not lose their right to due process to administrative appeals and the right to have access to the parole process. They also have an 8th Amendment right to be free from the abuse of cruel and unusual punishment. This one is especially important, ……
References
References
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . . Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Oaks, D. H. (1965). Habeas corpus in the states: 1776-1865. The University of Chicago Law Review, 32(2), 243-288.
Richmond, C. (2015). Toward a More Constitutional Approach to Solitary Confinement: The Case for Reform. Harv. J. on Legis., 52, 1.
Stojkovic, S., & Lovell, R. (2019). Corrections: An introduction (2nd Ed.). Retrieved from https://content.ashford.edu " target="_blank" REL="NOFOLLOW">
Study Document
The Supreme Court And The Constitution
… when they do not want it to be. For instance, everyone become a Constitutionalist when he starts arguing that habeas corpus (Article I), due process (5th and 14th Amendments) and freedom of speech (1st Amendment) are important. But at other times people argue that gun rights (2nd Amendment) … to themselves, they generally want the right to bear arms. If they feel the government poses a tyrannical threat, they want habeas corpus, due process and freedom of speech. If they feel they have the right to their own privacy and do not want their homes searched or ……
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