Category: Law

Use of mobile phones while driving

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The law banning the use of mobile phones in cars has been in place for some time now.  However, there are increasing reports of people disobeying the law.  Draw on theories and research in selective attention to produce an argument which would convince law breakers to stop using their phones while driving.

Road accidents that result due to mobile phones usage while driving, is a serious issue in contemporary urban societies.  Some basic legislation has been introduced to deal with this problem, but their effectiveness is in . . . Read More

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Articles 1, 2 & 3 of the U.S. Constitution

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The concept of Separation of Powers is drafted in the United States Constitution in the 1st, 2nd and 3rd Articles. In this way, The Constitution is deliberately made inefficient, so that no one branch of government overwhelms proper the functioning of democracy.  The Separation of Powers conceived by the founding fathers of the United States made sure of one particular thing: “to prevent the majority from ruling with an iron fist”. Based upon their personal experience as well as historical knowledge, the framers were able to design the constitution in such a way that no branch of the government holds too much power. This system of separating and sharing powers is also known as a system of Checks and Balances (Reitz, 2006).

Each of the three branches of government has strictly defined powers and obligations, and each one of them is subject to be checked and restricted by another branch.  For example, while the President has the . . . Read More

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Arguments against Capital Punishment

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Monmouth's ExecutionThesis statement: Capital punishment proves ineffective as an instrument of deterring violent crime on political, ethical and theological grounds.

The American public has long been supportive of capital punishment for convicted murderers, and that support continues to grow even today. In a Gallup Poll conducted in 1981, two in three Americans expressed overall approval for the death penalty. That support rose to three in four people in 1991, and to four out of five in 1994. Although these polls need to be interpreted with careful attention, it is . . . Read More

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Effects of EMTALA on Healthcare

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Executive Summary:

On August 29, 2003, the Center for Medicare & Medicaid Services (CMS) published the revised EMTALA obligations for the perusal of hospitals and doctors. In summary, these regulations try to define the cases where EMTALA is applicable, and also the circumstances and situations that warrant its application. The statutes framed therein define the obligations of various parties in a variety of emergency situations and conditions.  In effect, the statutes

  • Address prior authorization obligations on delivery of healthcare;
  • Clarify what is expected of “Dedicated Emergency Departments”
  • Makes clear the application of EMTALA to inpatient, outpatient, provider based, and other hospital facilities
  • Re-defines on-call obligations and the responsibility of on-call physicians
  • Explains its applicability to hospital owned ambulances
  • And finally, elucidates requirements during national . . . Read More

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Music Piracy and Digital Rights Management (DRM)

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IT professionals require an awareness of the business, economic, legal and social issues of Computing Technology in the modern world.

A poster opposing DRMBefore we delve into the reasons for Digital Rights Management’s disapproval let us overview the case in support of it.  The case for enterprise DRM is synonymous with the case for a well-articulated, role-based technology and data protection policy. DRM simply moves the point of data . . . Read More

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Arguments For and Against the Legitimacy of 2003 Invasion of Iraq

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George Bush announcing Operation Iraqi Freedom in 2003The 2003 invasion of Iraq has given rise to widespread public debate.  There were questions raised about its legitimacy.  There are advocates for both sides of the issue.  This includes public intellectuals, politicians, journalists and activists.  The purpose of this essay is to present to the reader arguments for and against the legitimacy of the war.  To make the arguments authentic and credible, care has been taken to elicit information from the most . . . Read More

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Are Land Rights, Equal rights or Special rights in Australia?

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The issue of land rights for Aborigines has always been controversial. From the very beginnings the ideals of democracy were restricted to the white race. In fact there was much unwillingness on part of orthodox politicians to consider aborigines as people in the first place. Such a despicable state of affairs was to span across centuries. The prejudices and discriminations that such a political stance entails will always remain a taint on this colourful nation’s history.

The 1960’s were a crucial period in the turnaround of fortunes for the aborigines. The “great Australian silence” was becoming difficult to keep and dissenting voices were becoming ever louder. Running parallel to the civil rights movement in the USA, the Australian political landscape was also to be changed for ever. At the forefront of this social justice movement were noted intellectuals like C.D.Rowley and Donald . . . Read More

Asian Americans and Birthright Citizenship

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The Fourteenth Amendment, that was proposed and ratified immediately after the civil war is regarded as one of the most important legislations appended to the United States constitution. The Due Process and Equal Protection Clauses that comprise the amendment make it a very valuable support for immigrants and minorities. In the context of the civil war, it liberated the African American slaves and brought equality in the American society, at a conceptual level at least. The fourteenth amendment acted as the foundation upon which the civil rights movement of the mid twentieth century arose. The amendment had been instrumental in deciding the outcomes of such landmark cases as Brown v Board of Education and Roe v Wade (Daniel, p.15).

The section 1 of the fourteenth Amendment is a guarantee of citizenship for those who are either born or naturalized in the United States, ensuring that they enjoy rights to life, . . . Read More

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North Country (Movie): Summary and Analysis

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The movie North Country was based on the book ”Class Action: The Landmark Case That Changed Sexual Harassment Law” which tells the story of Lois Jenson, who filed the first class action lawsuit for sexual harassment in American history. In the film, Theron plays the daughter of an iron miner (Richard Jenkins) working in a mine in Northern Minnesota Mesabi Iron Range. When Josey leaves an abusive husband and moves back to her hometown into her parents’ house, she was not welcomed. Her father assumes, without even interrogating his daughter, that it was her infidelity to her husband that had created the situation. Even her own son thinks that she is a whore. What this shows is the tendency to assume that it’s the woman’s fault in any conflict with men. Such biases were more prevalent in the chronological setting of the film, which covers the last few decades of the 20th century (Rosen).

All Josey . . . Read More

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To what extent is separation of powers evident in the British Political system?

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The uniqueness of the British political system is its association with the Crown, on whose behalf most powers are exercised. It is notable that unlike others entities the Crown is not subject to legal regulation due to the sense of dignity it evokes. Also, the prerogatives of the crown include the “power to conduct foreign relations, to conclude treaties that are binding in international law, and prerogatives of mercy and pardon (Shell 1994, p.301). This is in addition to the Crown’s extensive residual common law powers and its status as a legal personality. The latter privilege allows it to acquire and dispose of land, etc., the way ordinary individuals can. In contrast to this, the powers of local authorities are very much subject to statutes and regulations. In this sense, the executive powers of the local government is limited and constrained when compared with the powers of the Crown.

“The power to order and reorganize the civil service derives either . . . Read More