...technical assistance (www.eeoc.gov). On the night he signed the landmark legislation, President Lyndon B. Johnson noted that: “Our generation of Americans has been called on to continue the unending search for justice within our own borders. We believe that all men are created equal. Yet many are denied equal treatment. We believe that all men have certain unalienable rights. Yet many Americans do not enjoy those rights. We believe that all men are entitled to the blessings of liberty. Yet millions are being deprived of those blessings-not because of their own failures, but because of the color of their skin. … But it cannot continue. Our Constitution, the foundation of our Republic, forbids it. The principles of our freedom forbid it. Morality forbids it. And the law I will sign tonight forbids it”. The Civil Rights Act of 1964 jump started the legislative movement which leveled the playing field in employment. According to Mathis...
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...According to Fordham Law Review, “The ex post facto clauses in the constitution prohibit the passage of retroactive penal laws” (Adler 1987). The ex post facto clause limits criminal law by setting restrictions on the power of the state and federal legislative bodies. According to Gardner & Anderson, the following are other examples on how the ex post facto clause limits criminal law: Forbids laws made retroactive to make conduct before the enactment of the law a criminal violation, laws that aggravate a crime retroactively, laws that increase the punishment for a crime retroactively, and laws that alter the legal rules of evidence and permit conviction on less or different evidence than the law required at the time of the commission of...
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...Term Paper on Hate Speech on College Campuses Introduction As colleges struggle to handle the various differences their students and faculty embody, the problem of “hate speech” has become a focal point of educational erudition and policy-making. In the most deliberate and alarming cases, hate speech is projected to degrade or disgrace those at whom it is directed, usually colored people, gays, lesbians, the physically or mentally challenged, and women, regardless of their sexual orientation, race, religion or ability. Less disturbing examples include insensitive or careless comments, jokes, and other expressions that are painful to those to whom they are directed, regardless of the intent of the person by whom they are spoken or written. The main focus of this essay is to discuss the current dominant structure within which the matter of hate speech is being debated. This structure draws heavily on the discussion of the Fourteenth and the First Amendments, which in my opinion are not adequate to the issue of hate speech. There is a pressing need for extra-legal standards for communicative interaction to handle this sensitive issue. Main Body In our society various laws have been invoked to regulate an increasingly extensive range of social communications. The very language with which we talk about our needs, desires and disagreements is often highly legalistic (Glendon 1991). When reacting to someone else’s hurting experience, one may lament that there should be a law against...
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...Term Paper on Hate Speech on College Campuses Introduction As colleges struggle to handle the various differences their students and faculty embody, the problem of “hate speech” has become a focal point of educational erudition and policy-making. In the most deliberate and alarming cases, hate speech is projected to degrade or disgrace those at whom it is directed, usually colored people, gays, lesbians, the physically or mentally challenged, and women, regardless of their sexual orientation, race, religion or ability. Less disturbing examples include insensitive or careless comments, jokes, and other expressions that are painful to those to whom they are directed, regardless of the intent of the person by whom they are spoken or written. The main focus of this essay is to discuss the current dominant structure within which the matter of hate speech is being debated. This structure draws heavily on the discussion of the Fourteenth and the First Amendments, which in my opinion are not adequate to the issue of hate speech. There is a pressing need for extra-legal standards for communicative interaction to handle this sensitive issue. Main Body In our society various laws have been invoked to regulate an increasingly extensive range of social communications. The very language with which we percept and talk about our needs, desires and disagreements is often highly legalistic (Glendon 1991). When reacting to someone else’s hurting experience, one may lament that there should...
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...of Representatives and Senate. The executive branch consists of the President and Vice President. The Articles create limits of power to members and define the court system. They, also, outline the relationship between state and federal government and provide for amending the new “law of the land”. The first ten Amendments to the Constitution are known as the Bill of Rights. These were intended to restrict Congress from abusing its power. The First Amendment addresses the rights of freedom of religion, and protects the right to freedom of speech, freedom of the press, freedom of assembly and the freedom of petition. The Fourth Amendment guards against searches, arrests and seizures of property without a warrant. The Fifth Amendment forbids trial for a crime except after...
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...Anti-Trust Law and Monopoly; Restraint of Trade Anti-trust laws encourage competition by “leveling the playing field”. These laws are intended to prevent large companies who have already established themselves from using their size and leverage to prevent competitors from entering their markets. The Sherman Act addresses unfair strategies in two different ways: Section 1 forbids restraint of trade and Section 2 forbids the misuse of monopoly power. Section 1 requires two or more persons conspiring together for a violation, so the essence of the illegal activity is “the act of joining together”. Section 2 refers to “every person”, so the conduct of a single person can result in a violation of Section 2. Any agreement between firms that results in reduced competition in the marketplace is restraint of trade. When there are very few firms in a market and a firm with an extreme amount of market power can affect the market price of its own product that firm has monopoly power. The Sherman Act applies only to restraints that have a significant impact on interstate commerce; it also extends to U.S. nationals abroad. The Clayton Act deals with specific practices not covered by the Sherman Act that reduce competition or lead to monopoly power. However, they only violate the Act if they are found to substantially lessen competition or create monopoly power. The price discrimination section 2 of the Clayton Act makes it illegal to injure buyers through unfair pricing and services...
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...With isolation comes reflection. An individual’s thoughts spark new innovations that will advance and cause development in the world. Ignorance of new ideas can cause a society to remain stagnant. Anthem, by Ayn Rand, demonstrates that denial of originality can result in a lack of change. A collectivist society will never evolve and progress. When a society lacks originality and thoughts by the individual, there will be no room to advance. If officials forbid working alone, the only ideas they will come about will be those of their own. They choose to only accept the ideas of the group, but all people thinking the same thing is impossible. Rand demonstrates the weakness the scholars show by sharing a statement about their rules. “‘What is not...
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...1a) K Company is in violation of Article 82 of the European Community Treaty. This is because K Company controlled 65% of the market share while at the same time, they tried to forbid other manufacturers from taking advantage of their position in the marketplace and refused to share patents and copyrights that it owns for the operating system software that controls its computers. As such, this shows that K Company is indirectly imposing unfair trading conditions. Since K Company is from America, a foreign firm, and have the intention to monopolize trade within EU, they are in breach of the EC treaty. 1b) K Company can be charged with violating the American Antitrust law. This is because Section 2 of Sherman Antitrust Act forbids monopolies and attempts to monopolize commerce or trade either between the states of the United States or in international commerce affecting the United States. To prove a violation, plaintiffs (all other computer manufacturers) have to show that the defendant (K Company) intended to monopolize the marketplace by mentioning that K company refuses to share the patents and copyrights and disallow them to produce computers that are compatible to theirs. Thus, as a matter of international comity and fairness, the court should assume extraterritorial jurisdiction over the matter. 2) Hispaniola will be held liable for the stolen commodities. Because the liability for the commodities has been passed on to Hispaniola...
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...The reason for IFI or any regulatory body considering the ‘enjoining what is good and forbidding what is evil’ to be one of the basic principles of IFI Shariah Audit is due to ensures acceptance, validity and enforceability of contracts from Shariah point of view. Stating by Islamic Financial Services Board (IFSB), Shariah compliance actually is a central in assuring the integrity and credibility of the Institutions offering auditing. They state that Shariah non-compliance risk is the risk that arises from auditing failure to comply with the Shariah rules and principles determined by the relevant body in the jurisdiction in which the auditing operate. According to these standards, Shariah compliance is critical to audits’ operations and such compliance requirements must permeate throughout the organization and activities. As a majority of the auditors use Shariah-compliant auditing services as a matter of principle, the clients’ perception regarding audits’ compliance with Shariah rules and principles is of great importance to their sustainability. In this regard, Shariah compliance falls within a higher priority category in relation to other identified risks. They accordingly, require that auditing shall have in place adequate systems and controls, including Shariah Board, to ensure compliance with Shariah rules and principles. In other words, it could be said that IFI needs to be responsible for appointing people to carry out the responsibility of enjoining good, whenever...
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...Implications for Human Resource Development Paper BSHS/425 DISCRIMINATION AT THE WORKPLACE I for one have never been discriminated against at my place of employment. Although I have never been personally discriminated against, I have however witnessed a co-worker of mine being discriminated against by another colleague. The girl that was doing the discriminating was young and naïve, she thought she could do or say whatever she wanted without any kind of repercussions. She didn’t care about anyone’s feelings, even if they were her elder or her superior. The way she portrayed herself was that she felt as if she was better than everyone else and was untouchable. During the altercation she had walked up to another one of my colleagues and asked them a question and when they answered her she obviously didn’t like the answer because she used some very derogatory language as well as comment on their race in a not so very nice way. After numerous objections about her behavior and then the report that was made about her discriminating against a co-worker, she was put on probation and had to attend several different sessions on discrimination in the workplace, diversity education, etc. Normally I would say that she should have been terminated, but in this case she really did make an effort to change the way she treated people after attending the sessions and being on probation. She genuinely apologized and turned things around completely. There is a lot more discrimination in the...
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...family disputes, are usually tried in the states court. The only cases that the state court is not allowed to hear are lawsuits against the United States and those involving certain specific federal laws such as criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. The Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Suppose a California State law forbids slaughtering animals outside of certain areas. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom. Some kinds of conduct are illegal under both federal and state laws here in California. For example, federal laws prohibit employment discrimination, and the states have added their own laws which also forbid employment discrimination. A person can go to federal or state court to bring a case under the federal law or both the federal and state...
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...of ADA and Affirmative Action Paper Discrimination in the workplace has been an issue for as long as I can remember. Although the Civil Rights Act of 1964 forbids employers from discriminating against individuals because of their race, sex, age, and/or disability, many employers still exhibited this type of behavior during the hiring process. President Lyndon B. Johnson enacted an executive order that required government employers to not use hiring practices that exhibited discrimination in 1965. The American Disabilities Act (ADA) was put into place years later to protect those with disabilities. All of these were efforts to promote equality in the workplace, among other places; although the laws may protect certain individuals from discrimination, others may be discriminated against as a result. The paper’s intent is to provide insight regarding my feelings towards the American Disabilities Act (ADA) and Affirmative Action. What is sometimes meant for good can also result in something bad. American Disabilities Act (ADA) President George H.W. Bush signed the American Disabilities Act (also referred to as ADA) in 1990. The ADA intended purpose was to protect those with disabilities from discrimination in transportation, employment, communication, and different cultural opportunities. Under this law, employers are forbid to discriminate in many different areas such as hiring, lay-offs, and job assignments because of one’s disability. Disability is defined by the ADA as “a physical...
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...Stewardship simply means to manage someone else’s property: God’s property. Nothing on this earth is really ours to begin with – rather, we are here to manage everything to the best of our ability for God’s glory. As simple as it may be to say, we all know how difficult it is to live out in our daily lives. We are sinful humans, and the lives that we live occasionally bring troubling times. For Carl’s specific debt situation, I’d be sure to encourage him in the fact that the bible does speak frequently of debt and how to handle such debts, but it certainly does not forbid bankruptcy. To be honest, quite often bankruptcy is the only effective means to deliver a debtor from the slavery of overwhelming debt and to break the vicious cycle of borrowing. It was put into place for debtors to have a way out of the debt they’ve gotten themselves into. It does not mean that you’re free to borrow haphazardly – for scripture DOES forbid that. Psalm 37:21 says, “The wicked borrows but does not pay back, but the righteous is generous and gives.” Therefore, we as Christians are encouraged to “let no debt remain outstanding, except the continuing debt to love one another, for he who loves his fellowman has fulfilled the law” (Romans 13:8). Bankruptcy is all about forgiveness. Christians who have fallen into debt are obligated to repay that debt - for we comprehend the vastness of forgiveness. We should easily realize that borrowing and paying debts is a huge responsibility and one that should not...
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...disputes -- are usually tried in the states court. The only cases that the state court is not allowed to hear are lawsuits against the United States and those involving certain specific federal laws such as criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. The Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. Suppose a North Carolina State law forbids slaughtering animals outside of certain areas. A neighborhood association brings a case in state court against a defendant who sacrifices goats in his backyard. When the court issues an order (called an injunction) forbidding the defendant from further sacrifices, the defendant challenges the state law in federal court as an unconstitutional infringement of his religious freedom. Some kinds of conduct are illegal under both federal and state laws here in North Carolina. For example, federal laws prohibit employment discrimination, and the states have added their own laws which also forbid employment discrimination. A person can go to federal or state court to bring a case under the federal law or both the federal and state...
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... Approaches to stem cell research policy range from laws in California and New Jersey, which encourage embryonic stem cell research, including on cloned embryos, to South Dakota's law, which strictly forbids research on embryos regardless of the source. If, however, a fetus is aborted for the health of the mother in South Dakota, the fetus may be used for research purposes with maternal consent. Many states restrict research on aborted fetuses or embryos, but research is often permitted with consent of the patient. Almost half of the states also restrict the sale of fetuses or embryos. Louisiana is the only state that specifically prohibits research on IVF embryos. Illinois and Michigan also prohibit research on live embryos. Finally, Arkansas, Iowa, Michigan and North Dakota prohibit research on cloned embryos. Virginia's law also may ban research on cloned embryos, but the statute may leave room for interpretation because human being is not defined. Therefore, there may be disagreement about whether human being includes blastocysts, embryos or fetuses. California, New Jersey and Rhode Island also have human cloning laws, but these laws prohibit cloning only for the purpose of initiating a pregnancy, or reproductive cloning, but allow cloning for research. Missouri also forbids the use of state funds for reproductive cloning but not for cloning for the purpose of stem cell research, and Nebraska prohibits the use of state funds for embryonic stem cell...
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