...based on a Constitution that followed natural law. They also wanted the separation of branches of government with checks and balances to ensure no one branch gets too much power, which is still in use to this present day. There are three branches of government that come together to make up a bill and keep it in place. There is the legislative branch, executive branch, and judicial branch. The legislative branch is there to make the laws. The executive branch carries these laws out and finally the judicial branch evaluates all these laws. The founding fathers put these three branches in place having in mind that they wanted all three to have equal power and an equal amount of work. These three branches consist of many checks and balances to share the power; it’s all about compromising. Each branch checks the power of the other branches to make sure power is balanced between each of them. The legislative branch introduces and votes on a bill, and then the bill goes to the executive branch where the president decides whether or not to veto the bill. Finally, once a bill is passed people can test it through the court system and this is where the judicial branch takes places. The legislative and executive checks and makes sure that the judicial branch is enforcing the law that was put into place is being enforced. Each branch works together, checks on each other, balances work, and work together on making and maintaining the law (Edwards). The judicial system was set up to...
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... The new Affordable Care Act was signed into law by President Obama on March 23rd, 2010 and upheld in the Supreme Court on June 28, 2012. Since then United States Nation has face some difficulties and negative effects and some positive influence and effects on society. Eric Golub talks about some of the negative effects and his disagreement of the new Affordable Care Act in the Washington Times Communities: “Obamacare is a bad law. It was described deceitfully, enacted into law dishonestly, implemented inefficiently, and affecting far too many people adversely. The bad outweighs the good, which is why a majority of people detest it.” Eric Golub also talks about promises that Obama made were proven false and how they affect average economy when he said” If you like your doctor or your plan, you can keep it.” Eric Golub points out “People are currently receiving cancellation letters. Obama promised reduced costs, but it is impossible to give more of something to more people and have it cost less.” [1] Grace-Marie Turner, James C. Capretta, Thomas P. Miller, Robert E. Moffit are the authors of the book Why ObamaCare is Wrong for America. In this book they talk about how the new health care law drives up costs, puts government in charge of people decisions, and threatens their constitutional rights. Base on this book Why ObamaCare is Wrong for America is the first in-depth examination of the impact of the new national health care law on American individuals, families, and businesses...
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...Evolution of the Death Penalty in the United States Ethics of Judiciary and Sociology of Criminal Law The history of the death penalty is tumultuous, from the punishment being initiated to abolished, and then reinstated. The death penalty, initiated in the United States in 1622, continues to be exploited by 32 states, regardless of its integrity and use to discourage people from committing serious crimes. It is now being eroded again and the abolition of the death penalty seems to be inevitable. One problem with the death penalty is that it has been shown that many people have been executed when they have not committed the crime. Since 1973, hundreds of innocent people have been released from death row, after the evidence that sentenced them to death was found to be inaccurate. Many of these innocent people were victims of wrongful convictions based on confused witnesses, mistakes by lawyers and inaccurate forensics, while the person actually responsible for the crime was still free. Cases involving DNA evidence in court, such as Ray Krone's case, can be denied access even if life and death are on the ropes. Found guilty, Krone was sentenced to death for rape and murder in Arizona, even though DNA found on the victim did not correlate with his. Arizona argued that no submission of DNA evidence could interfere with the jury decision. A decade later, without a court order, a crime lab worker identified the person who actually committed the crime through DNA evidence, and Ray...
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...state and local government, federalism and inter-governmental relations, political participation, the election process, public policy, and the political culture of Texas Course prerequisites: TSI reading & writing (1) Required or Recommended Textbooks and Materials Gibson, Tucker, al al. Government and Politics in the Lone Star State, 8/e ISBN: 9780205927067. [See our eCampus page for text options] Supplemental Reading: Be sure to read newspapers and/or newsmagazines and be prepared to discuss current events. The best way to learn about what can sometimes be dry concepts is to see them at work in real time examples. (2) Units of Instruction/Tentative Calendar: Our course is divided into three (3) units: the setting and constitutional origins of Texas government; institutions of Texas government, and the role of individuals and groups in Texas politics. Our schedule for this semester should proceed as follows: |Week 1 | |Jan 20-25 | |Read: Gibson, Ch.1, The Social & Economic Milieu of Texas |Due Date (by...
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...Benjamin Marchman English 122 Cathryn Lawson The Value of Online Privacy Since the September 11th terrorist attacks the United Sates and the world at large has officially entered into an age of counter-terrorism. While the more obvious aspects of this effort against violent extremism, which violate human and constitutional rights, such as drone strikes, waterboarding, and black prison sites, are specifically targeted toward a specific population, it is the subtler aspects of mass surveillance and corporate and governmental intrusion of privacy which present an overwhelming threat to human rights and quality of life. As has been made clear by recent revelations of the scope and depth of these intrusions, internet users specifically have many reasons to suspect that private information entered online is vulnerable to un-ethical intrusions by third parties. However, many groups and individuals have come together to bring resolution to the issue of personal privacy and national security. According to article 12 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation (Lachmayer 749). However, the more subtle aspects of the new counter-terrorism age include a heightened amount of internet surveillance, video surveillance of public spaces, electronic eavesdropping, and data retention. Additionally governments have access to bank accounts,...
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...TOPIC #4: Human Experimentation PRO: Prisoners should be allowed to participate in human research CON: Prisoners should not be allowed to participate in human research History and definitions Dating back to 1965, seventy-five prisoners at Holmesburg prison in Pennsylvania were purposely exposed to a poisonous agent. This study was conducted to determine the effects of dioxin, a potentially harmful substance. Dermatologist Dr. Albert Kligman, exposed prisoners to a dosage 468 times greater than the required dosage for the experiment. All evidence has been destroyed; however, participants are still experiencing dermatologic issues. As a result of research and experiments like these conducted in prisons, the Department of Health, Education and Welfare terminated the use of prisoners as subjects. Shortly after, the federal government passed strict guidelines limiting the scope of experimentation among prisoners. These guidelines passed, codified at Title 45 of the Code of Federal Regulations, in 1978. Although prisoner research has been outlawed decades ago, it is far from over (Reiter, 2009). Certain guidelines are in place to protect human subjects in research. “The Common Rule” provides for the proposed research to be reviewed by the institutional review board (IRB) in addition to requiring informed consent. A review body, known as the Institutional review board (IRB) was established to protect the natural rights and welfare of persons subjected to scientific research...
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...Computer Forensics Tools Strayer University E-Support Undelete Plus is powerful software that can quickly scan a computer or storage medium for deleted files and restore them on command. It works with computers, flash drives, cameras, and other forms of data storage. Deleting a file from your computer, flash disk, camera, or the like does not mean it is lost forever. Software doesn’t destroy files when it deletes, it simply marks the space the file was using as being available for re-use. If nothing has needed that space since the deletion, the data is still there and the file can be recovered. Simply scan the device, select the files you want to recover, and click a button to restore the information (Softpedia, 2013). The interface Undelete PLUS is geared up with is very nice and easy to handle. In the right panel, there is the Drives tree. The user can change the view to file types (MP3, PDF, RTF, RAR, ZIP, XML, PNG, etc.) or to folders. In the left, there will be displayed all the files Undelete PLUS was able to detect. The software will inform you of the state of the files it has detected. This way, you will know that if the status reads "very good" then there still is a chance of recovering that file. "Overwritten" status means that the respective file is either corrupted or cannot be recovered. Additional information tell you about the size of the file, format, path, date of its creation and modification. The software is capable of recovering entire...
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...Intelligent Design is religion disguised as science, and as such, should not be taught in our public schools. Introduction The town of Dover, PA looks like any other small towns in central Pennsylvania, but in October 2004 when the local school board proposed a slight alteration to the high school biology curriculum a fault line erupted between those who think of intelligent design as science and something that should be taught alongside evolution, and those who think of it as religion disguised as science. As a science teacher myself, I was very interested in this subject, and how school districts nationwide are pushing initiatives recently to put intelligent design in their biology classes. These school districts are struggling with the dilemma of whether or not to teach creationism as an alternative view to evolution theory. If, as many scientific creationists believe, God's message is important in defining the content, aims, and conditions of educational practice, then creationism does belong in the classroom. However, those who propose that creationism is not science, and that "creation science" is a misnomer, are opposed to the intervention of religion into the public educational program; after all, public educational programs should be separate from concerns of the church. The Scientific...
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... CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. 2. In conjunction with the Patriot Act, an executive order issued...
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... 1. Criminal Justice Integration Paper Criminal Justice Integration 2. Introduction Learning Team A has agreed on a number of things to be discussed in our paper. Organizational structure of the criminal justice system, agency policies: inclusive of statutory authorities, budgets: projected revenue sources and expenditures, communication, technology, and cultural or sub-cultural aspects of organization. The development of improved interactions between security agencies, courts, law enforcement personnel as well as community and institutional corrections over the next 15 years need fragile focus and planning. Agency policies of each of the above organizations must cast back the certain needs of the population change. The funds of these organizations play a easily pained role in the enlarged portion of what can and cannot be given to communities. Open and close up transmission of severe information between criminal justice material could bring about problems if they are not trustworthy. They must rely on one another for support. Criminal Justice Integration 3. Organizational Structure Of...
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...Week Two Wrap Up – The Fabric of Healthcare Law By Mary Nell Cummings In week two we discussed how legislation and other laws affect healthcare delivery. While there is no need to understand any law in detail at this point in the course, it is important to understand the source of law. Also, it is important to understand how law affects your organization, as well as how your organization complies with legal requirements. Finally, your understanding of the sources of law, and the process of regulation will help you to make good decisions as a health care administrator. The Sources of Law Many people believe that all law comes from the Congress or from state legislatures. They believe that law is synonymous with “statute” which is a particular kind of law – drafted, debated, and voted on by a group of legislators. This is of course, not correct. There are many other sources of law. There is the federal constitution, and the constitution of each state. There is law made through regulatory agencies (administrative law) and there is law made by judicial decision (common law). This combination of approaches and interests leads to the rich fabric that is simply described as healthcare law. Common Law Contract Law: Contract law is at the heart of healthcare delivery. Insurance companies enter into contracts with patients, providers, facilities, and governments (state and federal). Doctors and hospitals enter into contracts with one another. Unions and employers enter into contracts with...
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...immigrants. His story is regarding Nell Toussaint, who had been living in Canada for nine years legally. She became homeless, disabled and unable to pay the fee at the time of the application, applied for a waiver of the fee. When her application was returned unprocessed, she argued, to distinguish the “economic status” of poverty from the “social condition” of poverty, which is highly associated with race, and subject to social bias and stereotype. (Kaebnick, 2001, p. 231) The author considers constitutional arguments against the denial of health coverage to people in Canada contrary to immigration law. Reconstruction A. It is the conclusion of Rajeev Raghavan and Ricardo Nuila in article #1 that undocumented immigrants would benefit from a standardized health care system. The author’s conclusion is based on several pretenses. They presented the story of Santiago a patient with end stage renal failure. Santiago has now came to their ER every 4th day for 5 years. He awaits lab results to determine if his potassium level is high enough for him to receive dialysis. 1973 Congress passed the End Stage Renal Disease Program. This allowed all U.S. Citizens with advanced kidney failure to qualify for Medicare and Medicaid to defray high medical costs. COBRA in 1986 passed and it explicitly prohibits the use of federal funds for covering undocumented immigrants for non-emergency services such as dialysis. (Kaebnick, 2001, p.229) Another premise of the authors is we must wait...
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...the uttermost prevalent embodiment around the world, have only one source of puissance, the central or national regime. albeit democracy can flourish under either structure, the distinction among the two types of regimes are authentic and paramount. Great Britain, for example, has a unitary regime (Uffink, 2013). Its Parliament has conclusive ascendancy over all things that ensue within the United Kingdom. Even if it delegates dynamism over local is paramount, Parliament can require its towns or counties to do whatever it deems congruous; it can even abolish them or transmute their terminus if it opts to do so. In the United States, the position is absolutely peculiar. Laws of the national regime, stationed in Washington, D.C., bring into play to any individual who lives within the national terminus, while laws in each of the 50 states bring into play to residents of those states alone. Under the U.S. Constitution, Congress does not have the puissance to abolish a state nor can a state postulate a potency intended for the national regime alone (Kross 2012). Under American federalism, in scripture, the U. S. Constitution is the source of ascendancy for both national and verbally express regimes. In a federal nation, the central regime has defined potencies, with full sovereignty over extraneous transactions (Selgelid, 2008). The exertion of ascendancy in domestic transactions is more perplexed. Under the Constitution, the U. S. regime has exclusive dynamism to regulate interstate...
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...Labor Law Outline – Prof. West, Spring 2002 Historical Background, Etc Employment at Will A. History 1. Started from master/servant relations 2. Illustrates basic American way 3. Doctrine developed in response to industrial revolution B. CA Common Law 1. One can end the employment relationship at any time for any reason a) Either party can terminate at any time C. Exceptions 1. Limited statutory exceptions to employment at will 2. Unions a) If in one, may only be fired for just cause under labor K Wrongful Discharge Cause of Actions A. Common Law 1. Can’t order reinstatement if employees are fired and they sue for breach of K 2. Reinstatement is a traditional remedy only under statute B. California Causes of Action 1. Generally a) Tort claims—get damages including emotional distress, punitive damages. 1) Can’t get those through breach of K 2) Easier to find a lawyer to take case under tort claims b) Whistle blowing 1) Under statute, must complain to a govm’t official, not just internally c) Affects private employees 1) Public employees can’t be deprived of their jobs without due process and just cause 2. Discharge in violation of public policy a) Employee can have tort action if fired in violation...
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...Fachhochschule Köln Cologne University of Applied Sciences Faculty of Economics and Business Administration Research paper of the discipline “Cross Cultural Competence SS 2012” Made by: Brovchenko Ekaterina Dzyuba Stanislav Shushunina Tatiana 2012 Content Summary 1. Targets, tasks and problems of research During the last ten years aspects of cross-cultural competence provoke theoretical and practical interest due to international relations development. Cross-cultural competence is not restricted by discussion of different questions and problems on the international level; it becomes a part of everyday people life including education sphere. Our team has received results of survey that is carried out among students of Germany, Uzbekistan and Albania. This survey about how culture affects the requirements for teaching offers. Respondents were offered to answer 26 questions according to education aspects and personal questions. In addition we had list of statistical data that should be collected about every country. For us it was necessary to compare found date and obtained results of existing survey and then to find correlation between it. We have considered three given countries: Germany, Uzbekistan and Albania. Germany, officially the Federal Republic...
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