...The United States government has laws intended to further fair, balanced, anticompetitive business practices called the antitrust laws. These laws are meant to “correct” the inherent contradiction of market economies, which in many key markets, one firm or a few major firms often come to dominate the entire market. Once this happens competition is none. If competition makes people act on their best behavior, then the antitrust laws gives incentives to competitors to do the same rather than abuse their dominance in order to take advantage of their customers. The antitrust laws serve to check the improper acquisition and abuse of market dominance, so I feel that to a certain extent these laws are effective. The United States would have more monopolies then it currently has, if these types of laws were not in place. However, I always thought that these laws were in place to also ensure competition in our economy. The anti-monopoly law, which is really a better way to understand what antitrust is, is a set of political laws to help prevent concentrations of political power. These laws were put in place a while back; I would say from the tea party, in the late 1700’s, all the way up until the Civil War, the U.S. Government did a pretty good job of preventing monopolies in the United States. The Sherman act of 1890 was aimed at collusion among companies to constrain freedom of trade, while the Clayton act of 1914 went further and specifying anti-competitive practices such as bundling...
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...State of Confusion Paper State of Confusion Paper The state of Confusion has over stepped its authority when it passed a law regulating trailer hitches on its roads. This regulation is in direct conflict with the commerce clause of the U.S. Constitution, Article 1 Section 8. This gives Tanya only one option in choosing a court to fight the unjust regulation. She must take her case to the federal court. This gives Tanya the best chance at overturning the state of Confusion’s regulation on trailer hitches. The Supremacy Clause also gives Tanya a chance to fight the states regulations. The supremacy clause states that all state judges must follow federal law when federal and state laws conflict. Using both of these clauses to fight the state of confusions’ regulations, Tanya has enough ammunition. The Federal District Court system will have jurisdiction over all matters arising under the Constitution, laws, or treaties of the United States. Regulations can be tricky when deciding constitutionality in the federal court system. Taxations are generally accepted when passed by state legislators. Under the Constitution, regulations that impact interstate commerce and pose a direct burden are deemed impermissible. Tanya can sue in the federal courts in the state of confusion for a declaratory judgment that the states regulations violate the commerce clause and are invalid because of the undue burden on interstate commerce the regulations impose. There are a few cases that the district...
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...State of Confusion BUS/415 State of Confusion Tanya Trucker intends to file a lawsuit against the state of Confusion regarding the validity of a statute requiring the use of specific B-type hitches on trucks and towing trailers passing through the state of Confusion. The sole manufacturer of these hitches resides within the state of Confusion. Currently the federal government does not regulate the type of hitches trucks must use on its highways. Tanya Trucker owns a trucking company in the state of Denial and must either purchase these hitches for her trucks or drive around the state of Confusion. Tanya Tuck aims to prove this statute imposes an unwarranted additional expense on her trucking company, is unconstitutional, and the state of Confusion should overturn the statute (University of Phoenix, 2012). Although the state of Confusion owns the statute, Tanya Trucker and her legal team must decide which court has jurisdiction over this case. Jurisdiction This case has two interesting factors, which will help Tanya Trucker and her legal team determine the jurisdiction to file the lawsuit. These factors involve diversity of citizenship and the U.S. Constitution. The diversity of citizenship becomes a factor because issue is between citizens of different states. In this case the statute resides in the state of Confusion; however, the statute affects Tanya Trucker who resides another state. To file the case in federal court using the diversity of citizenship issue, the plaintiff—Tanya...
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...Impact of U.S. Federal and State Compliance Laws The U.S. Federal and State Compliance laws are there to protect all the customers’ financial data. ABS Financial Solutions was affected by these laws to ensure everyone’s’ personal data is protected for this reason the company process was to get a strong encryption program that met with regulatory compliance without affecting the productivity of its employees. The new class of encryption would also ensure any type of documents was secured no matter where they were stored. This encryption would make the company compliant with all the U.S. Federal and State laws. The encryption product of choice was the ABS-TXR Mobility Guardian for its ability to meet with regulatory compliance, ease of administration and deployment this will ensure the company’s computers and mobile notebooks are fully integrated with minimal impact to all its employees. It will also allow the company to integrate future devices like PDAs to replace the smartphones. The company requires to make sure the company has the best security equipment possible while maintaining a balanced budget but ensuring they stay competitive with other companies. The company requires to ensure all the information required by the field technicians is available but also secure at all times. Ensuring the customer’s data is secured, it should be the company’s highest priority to ensure they stay compliant with all the U.S. Federal and State laws. Customer’s main priority is to ensure...
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...Impact of U.S. Federal and State Compliance Laws The U.S. Federal and State Compliance laws are there to protect all the customers’ financial data. ABS Financial Solutions was affected by these laws to ensure everyone’s’ personal data is protected for this reason the company process was to get a strong encryption program that met with regulatory compliance without affecting the productivity of its employees. The new class of encryption would also ensure any type of documents was secured no matter where they were stored. This encryption would make the company compliant with all the U.S. Federal and State laws. The encryption product of choice was the ABS-TXR Mobility Guardian for its ability to meet with regulatory compliance, ease of administration and deployment this will ensure the company’s computers and mobile notebooks are fully integrated with minimal impact to all its employees. It will also allow the company to integrate future devices like PDAs to replace the smartphones. The company requires to make sure the company has the best security equipment possible while maintaining a balanced budget but ensuring they stay competitive with other companies. The company requires to ensure all the information required by the field technicians is available but also secure at all times. Ensuring the customer’s data is secured, it should be the company’s highest priority to ensure they stay compliant with all the U.S. Federal and State laws. Customer’s main priority is to ensure...
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...POS-301 Arizona State Law The heart of government in Arizona lies with the state Constitution. From this single document sets the stage from legislation all the way down to small rural towns. During the course of this paper we will discuss how the constitution for Arizona affects the counties, municipalities, corporations, and districts. It will also include a discussion of the enduring impact the people of Arizona have had in determining the overall direction of the state. First, we will discuss how the Arizona Constitution affects the counties. The counties of Arizona have to major roles they preform. The first one is by being the administrative arms for the state government. The second one is by being that the cities provide city type services for those who do not live in the boundaries of the municipalities. The counties are bounded by Dillon's Rule, which only allows the county to hold powers given to them from the state and the constitution. In 1992 the state constitution was amended to allow Maricopa and Pima counties to adopt home rule (McClory, 2010). Home rule would have allowed Arizona's largest two counties to have their own, individualized form of government. This would have been done by adopting a charter that was modified to the needs of the county. Unfortunately citizens of both counties rejected it. Next, we will discuss how the Arizona Constitution affects the municipalities. These are the cities and towns that make up each county. They act upon a range...
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...Laws were created in the United States for a variance of different reasons. The laws confirm and set regulations for later legislatures to follow. The laws guide citizens and other figures from wrongdoing. Most laws, however, are directed at protecting the citizens under the law. The amendments in the Constitution, however, significantly play a role in protecting the citizens under the United States Constitution. Of the amendments, the 4th amendment grants citizens the rights against “unreasonable searches and seizures” (Schmalleger 2013). However, if this amendment is breached, the exclusionary rule applies, regarding any evidence obtained illegally unusable in trial. The evidence that is obtained illegally may not be used on the accused. The exclusionary rule protects citizens from unlawful searches. For example, if an officer pulled over a citizen for speeding, the police officer has the right to question the driver. The police officer also reserves the right to check for a valid driver’s license and insurance. However, for a routine traffic stop, the officer does not have the right to search through the trunk of the accused without a warrant. The law grants reasonable searches, as opposed to unreasonable searches – searches without a warrant. The exclusionary rule applies to all evidence obtained and related to a case. The Fruit of Poisonous Tree Doctrine denotes that “later evidence that derived from the illegal seizure” may also not be permissible in court (Schmalleger...
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...Laws in the United States The United States has various laws in place, which are anticipated to foster fair, balanced, and competitive business practices. These laws are placed as control measures to help safeguard fair business practices. With anti-trust laws in place we are then warranted a since of security from unfair and anti-competitive business practices, unreasonable trade, and price discrimination. As though anything new that is introduced, laws and or regulations when newly introduced can become the product of skepticism. Typically the judgmental ears question the new laws purpose and what influence it will have, even though these new laws may be intended to foster fair and or competitive business practices. Although most of us do not recognize their value, anti-trust laws affect our daily lives in a multiplicity of ways. In 1890 Congress ordained the Sherman Antitrust Act, a law designed to restore competition and free enterprise by breaking up monopolies. This Act July 2. 1890 states the following: “This Act outlaws all contracts, combinations, and conspiracies that unreasonably restrain interstate and foreign trade. This includes agreements among competitors to fix prices, rig bids, and allocate customers, which are punishable as criminal felonies.” The novel purpose for Sherman’s Act was to protect consumers from big business that was exercising immoral means to raise the prices of their product falsely, for example producing too few goods to help meet...
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...State Law Summary August 11, 2012 Professional, Ethical, and Legal Issues in Human Services-BSHS/332 Mental Health Codes for Adults and Children: New York Code- Title B: Mental Health Act states that the state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of our mentally ill citizens. N.Y. MHY. LAW § 7.07: NY Code - Section 7.07: Office of mental health; scope of responsibilities The New York State of mental health has the responsibility to assure comprehensive plans, prevention, education, and the rehabilitation of the mentally ill. The local government along with community organizations and agencies will develop such services in the appropriate facilities. These offices are responsible in assuring that the mentally ill receive the proper care and treatment they require and that this service is one of high quality. While also assuring that their civil rights are adequately protected. They will also be required in providing financial support, culturally and linguistically competent mental health services. These services include but are not limited to the following services in-patient, outpatient, hospitalization, and or other treatments and services that they require. New York State of mental health also states that a doctor may admit a patient if they feel that this person may...
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...Public policy reaches into all parts of society, and addresses social problems in a purposeful way, that has been decided to be for the good of the people. Any level of government, whether federal, state or local may be in involved in a particular policy effort because of social problems, public demand for action on these problems, and formulate or produce solutions that become formal plans of action (Kraft & Furlong, 2013). Resources are allocated, according to policy guidelines, to citizens within the US. Because we are a representative democracy, public opinion often mirrors public policy (Pawson & Wong, 2013). Public policy effects the public and is driven by social & economic conditions, among other things. Issues are brought forward and contemplated before they are deemed appropriate for being proposed for legislation. A policy often starts with a public problem that has been pressed by the public and/or groups for formal adoption. The issues are brought forward, solutions discussed and if found feasible, then may pushed forward to be adopted by legislatures (Pawson & Wong, 2013). For instance, states have speed limits to reduce the number of accidents on the road ways. In a given area, if there are higher than average deaths, there may be a push to reduce the speed limit on that stretch of road. I commute about an hour and a half each day to work and am often thankful to police officers who enforce the speed limit. Without these policies in effect...
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...SMOKING BAN – OHIO STATE LAW As early as the days of Christopher Columbus accidentally mistaking our beautiful country, the United States of America, for our Eastern hemisphere friends India; there has been a major agricultural product whose historical prominence still exists to this very day. That product is the tobacco plant. Early settlers of our great nation grew and brought this very plant from various parts of the world. Little did they know that the tobacco plant would eventually be rolled into a piece of filter paper, added to other harmful substances, and turn into one of the largest health addictions mankind has ever faced. It was not until the two World Wars of the 20th century, where the fad of cigarette smoking skyrocketed (“The History of Smoking”). During the period of the World Wars, medical research was still in its infancy stages and no corollary was established between cigarette smoking and its adverse health effects. It was not until 1964, when the United States Surgeon General stated that cigarette smoking was directly linked to lung cancer (“The History of Smoking”). This is when the government decided it was the best to intervene since the safety of its citizens was at stake. In today’s day and age, cigarette companies have expanded in various different markets and are a part of a multi-billion dollar industry. Unfortunately even with all the technological advances and modern day medical practices that mankind has discovered, cigarette smoking is still...
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...The legal history of marital rape laws in the United States is a long and complex one that evolves through several decades. Traditional rape laws in the US defined rape as forced sexual intercourse by a male with a "female not his wife", making it clear that the statutes did not apply to married couples. The criminalization of marital rape in the United States started in the mid-1970’s and by 1993 marital rape was a crime in all 50 states, under at least one section of the sexual offense codes. In 1992, a survey by the National Victim Centre in Arlington, Virginia states that 10% of all sexual assault cases reported by women involved a husband or ex-husband. During the 1990’s, most states differentiated between the way marital rape and non-marital...
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...Assignment 1: Contrast and compare the cyber hacking laws between the United States, Russian Federation, and the Peoples Republic of China Though, the fact that cyber security hacking is a widely used term, the law, punishment, rules and law are not fully developed yet. First, the cyber hacking laws in three countries are going to be reviewed. The cyber hacking laws of US is also known as “Computer Fraud and Abuse Act (CFAA) ” was released by the congress in 1986. In the documentation, it provides the laws to protect personal intellectual property on computer. Basically, it says that people should get punishment by accessing an authorized computer. Here, accessing means stealing code, command, and documents; damaging information from a...
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...CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE R.A. 9372. AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM (THE HUMAN SECURITY ACT OF 2007) 1. It created the crime known as terrorism and declared it to be “a crime against the Filipino people, against humanity, and against the law of nations”. II. Defines the crime of terrorism to be the commission of “any of the crimes of: A. Under the Revised Penal Code. i. Piracy in general and Mutiny in the High Seas or in the Philippine Waters ii. Rebellion iii. Coup d’état iv. Murder v. Kidnapping and Serious Illegal Detention B. Under Special Laws i. Arson under P.D. 1613 ii. Violation of R.A. 6969 (Toxic Substance ad Nuclear Waste Control) iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968) iv. Hijacking v. Piracy in Phil. Waters and Highway Robbery vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand” III. Requirements for Terrorism A. The accused (maybe a single individual or a group) must commit any of the enumerated crimes B. There results a condition of widespread and extraordinary fear and panic among the populace i. The extent and degree of fear and panic, including the number of people affected in order to meet the term “populace”, are questions of facts...
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...legal leaders. The first issue is the consumers right to know. In the United States, laws have passed that state the consumer doesn't have the right to know if the food they eat, or the product they use has been modified. The reason for such laws, as stated by the people who support it, is, that when a product is labeled a GMO it will sell less. That seems to be fair, because that is the case in other countries were such a label is mandated. While a products selling potential, and a companies right to make a profit seems to be a good enough reason to pass such a law, a part of me feels, as a consumer that I have the right to know if the medium rare hamburger that I'm biting into was born and raised naturally or in a lab. This science is in its infancy however, and as GMO's become more prevalent, and their technology becomes readily available its legality will continue to be questioned and thus politicians will be forced to bring this issue to the forefront. The consumers right to know, this is pretty straight forward. What do we as consumers have the right to know. The most troubling, or another way to put it is, the area where the most questions are ask is with in the food industry. Much of the food we eat has some form of modified organisms in them. But, as a consumer we, with in this country do not have the right know about them. With health consciences become more prevalent with the the United States of America, people want to know what they are eating. The reason for this...
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