...Employment Law | Description and Requirement of Law | Court Case Influential to Establishment of Law | Importance of Law | Workplace Application | Civil Rights Act of 1964 | The landmark legislation in the US that holds against discrimination against racial, ethnic, national, and religious minorities. | Heart of Atlanta Motel v. United States (1964) is a US case law the US Congress has power to use the Constitution’s Commerce Clause to force businesses to follow the Civil Rights Act of 1964. | This law ends the unequal application of racial segregation in the workplaces or public facilities. | Because the US Supreme Court ruled Congress did not have the power to prohibit discrimination in private facilities or workplaces, it holds businesses must allow customer business from all races. | Equal Employment Opportunity Act | It ensures the fair treatment without regard to race, religion, color, national origin, or gender. | In Trans World Airlines v. Thurston (1985), the court holds that airlines must give the same opportunity to retiring pilots as it had given to younger disabled pilots. | This law is to ensure discrimination in employment is illegal. | All employees and applicants for employment are covered under this legislation. This law is to eliminate discrimination practices in workplace. | Equal Pay Act | It ensures that everyone has the same amount of payment of wages by employers. | Schultz v. Wheaton Glass Company (1970) is one of the important cases that help...
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...strategic goods and raw materials in short supply - Could apply to food, medicine, basic metals, or natural resources B. Effectiveness of Trade Sanctions - Opponents and Proponents w/no clear consensus - However, to be effective, sanctions need universal cooperation II. History of U.S. Export Laws A. The Rationale - U.S. concerns about technology and weaponry falling into enemy hands Therefore, it regulates the export of arms, technology, commodities with military applications, and other strategic commodities including technical data, component parts, and chemicals B. Development of the Legal Framework - American Revolution: Congress outlawed exports to Britain - Early 1900s: export controls in response to either war or emergency conditions - WWII: export controls were reintroduced - Export Control Act of 1949: reflected the archetypical battle between...
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...States (U.S.) has been obsessed with terrorism. Terrorism comes from different types of forms rather than bombs and guns. There are domestic of United States and International terrorism that is premeditated politically motivated. A terrorist who creates a small-scale nuclear explosion will take the world to a completely different territory from the horror of September 11, 2011 (Peak, 2010). The domestic terrorism has been difficult for the U.S. to adjust because the security and liberty should manage an image of balance. Balancing the liberties against the security the real diminution in liberty may affect some people more than others (Meisels, 2003). The wake of 9-11 between security and liberty that advocates would “striking a new balance” between liberty and security post to 9-11 (Wulf, 2003). Criminal justice agencies made some changes to improve the security within the U.S. The USA Patriot Act was enacted after 9-11 attack. The USA Patriot act gave the government an opportunity to investigate Americans without establishing probable cause for “intelligence purpose,” and to conduct searches with reasonable believe if the national security is threaten (Peak, 2010). The U.S financial made a big impact on the after math of 9-11. Financial Impact September 11, 2001 had affected the finances in the U.S. in different aspect of American people. The New York Stock Exchange (NYSE) took a plunged and when 9-11 occurred, the NASDQ and NYSE were close until September 17, 2011...
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...HABEAS CORPUS AND THE WAR ON TERROR POL 201 AMERICAN NATIONAL GOVERNMENT JEFFREY LONG JANUARY 27, 2014 September 11, 2001 has brought about many changes in the form of how the country protects itself from terrorists. In particular, how we handle individuals captured and labeled as enemy combatants. The United States Naval Station in Guantanamo Bay, Cuba(GITMO) is land leased to the United States under the Cuban-American Treaty of 1903 for the use of coaling and a Naval station. Since 2002, the naval base has operated a detention camp for alleged enemy combatants captured in Afghanistan, Iraq, and other places. Legal issues surrounding the imprisonment without due process is an argument that has continued since the opening of this facility. This essay will argue why the rights afforded by the Constitution should be afforded to detainees at GITMO in terms of habeas corpus. Habeas corpus is a demand by a court to a jailer to produce the prisoner and announce the charges(Levin-Waldman, 2012). Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free. The Bush administration’s decision to incarcerate enemy combatants at GITMO without habeas corpus has tested the scope and commitment of this constitutional right(Schultz, 2011). This right is...
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...four terms. However, once his presidency was over, the powers of the President were soon limited to prevent the President from becoming too powerful. The 23rd amendment ensured that a President would serve no more than two terms. Thus all the Presidents following FDR have been unable to demonstrate as much power as he did. Even his successor, President Truman, could not do as much in office as FDR, despite having to deal with the fallout from the end of World War Two. In contrast however, some Presidents have been able to show a large amount of power overseas, rather than in domestic affairs. The President’s power overseas may derive from his Constitutional role as ‘Commander in Chief’ and makes it difficult for Congress to interfere with his dealings abroad. Congress may have the power to declare war, but has not done so since 1941 against Japan, yet the US has deployed troops abroad many times since then. As a result, the President can do a lot more...
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...attacks on the World Trade Center in New York City, Congress passed the USA PATRIOT Act, also known as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or the Patriot Act. The Patriot Act was created with the intention of finding and indicting international terrorists performing on American soil; however, the adverse ramifications of the Act have been dire. Many of the Patriot Act’s virtues are in violation of the U.S. Constitution, a document outlined in order to protect American rights and freedoms. The Patriot Act infringes on the First Amendment rights, which is protects the of freedom of speech,...
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...Illegal Immigration Hurting The United States Name COM/220 June 20, 2013 Camisha Williams For centuries, the United States has welcomed immigrants from various countries and have become home to them. In the 1800s, immigrants were even essential for the building of the steam engine and railroad tracks (Schaefer, 2013). As time passed immigration has increased and laws regulating immigration have not been enforced causing over population of unskilled immigrants. While unregulated immigration has its benefits, which help organizations, like social security it does not negate the fact that they are straining resources and the economy. Poverty and Immigration The overflow of undocumented immigrants is cause for concern for many reasons. There are too many underpaid unskilled workers hired over native citizens. According to Opposing Viewpoints (2012), “wage and salary differences demonstrate how illegal and unskilled immigrants place downward pressure on wages by providing an incentive for employers to choose them over natives”. Immigrants are known to work jobs that most American’s shy away from such as agriculture work, factories, food preparation and cleaning services (Opposing Viewpoints, (2012). Employers rather hire unskilled workers because they can pay low wages, increase productivity...
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...and marijuana. People have been divided on how to regulate these products in the market, causing much governmental controversy. There have been many groundbreaking and unprecedented court cases that have been shaping the public policy on which these substances stand on. These substances have an immediate and perilous effect on the health of all human beings. Tobacco is the leading cause of preventable death in the United States, alcohol causes impaired judgment and in turn causes people to do things that affect their health physically and emotionally, and marijuana has almost the same effect as alcohol. (New England Law) Health is the ultimate concern when studying these three substances, which would lead to the Family Smoking Prevention Act to survive the Hudson Test. The Granholm case would lead one to believe that states cannot discriminate against outsiders from sales, and the medical exceptions for marijuana are valid on the fact that it has a medical advantage to some citizens. I strongly believe that the federal government has a right to regulate certain aspects of these substances based upon the danger posed to the health of citizens. This paper will discuss certain court cases that shape my opinion for every substance. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S 557 (1980) was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech...
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...Rishal Rajay Sharma Tom Scales American Government 3/14/2013 Gun Control The gun control debate is clearly one of the most contentious and controversial issues in America today and the battle over gun control is now being waged through intensive media campaigns from both sides of the political spectrum to influence public opinion and to assert pressure on policy makers. It is a debate that has not been resolved and will never be. “The right to bear arms”, an amendment prioritized by our founding fathers, which earned the very second spot on the list of birth rights as Americans. However, with constant tragedies striking the United States, such as massacres in public high schools and universities, mall shootings, and attempted assassinations on state representatives, it’s no wonder law makers are constantly debating the topic of gun control. Given the strong evidence that the level of gun violence is related to “relaxed gun laws”, why don’t we do more to enact stiffer gun laws? In America guns have been a part of the country’s society since its birth. Throughout history, the citizens of the US have used firearms to protect the nation, protect their families, to hunt for food and to engage in sporting activities. Criminals on the other hand, they don't listen to laws, and will take advantage of the newly unarmed law abiding citizen. As shown in statistics and studies, cities with more gun control have more gun murders, due to the fact that a law abiding citizen can't...
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...Kate Martin director of Center for National Security Studies in Washington D.C. conveys a disturbing speech to the Conference on Terrorism, Law, and Democracy regarding serious threat to civil liberty. This speech addresses the offense of the adoption to preventative detention resulting in the secret imprisonment of Arabs and Muslims where there has been no evidence following that they are terrorists. Martin argues that such arrests are unethical in a democratic society. If the government were to implement targeted investigations that focused on actual terrorists activity, but respected the political and religious activity of citizens and non- citizens, it would result in a much more effective approach versus hundreds of secret arrests. Martin begins her speech by pointing out an observation she has made after the post 9/11 attacks. She notes that since September 11 there has been an enormous shift in the eyes of Washington D.C. It has now been made possible that nuclear devices could be set off in any American city bringing up the question and difficult responses of not knowing how to take action. If this event did occur the Bill of Rights could possibly be suspended. The argument could then be made that suspending the Bill of Rights would be an inappropriate and ineffective response to the event. There is now a huge responsibility on the United States government to prevent the terrorists attacks. Unfortunately, the United States is in a predicament...
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...characters or faces (i.e. a photo) under United States trademark law. Celebrities have relied on state privacy statutes and/or the federal cause of action of unfair competition, which derives from 15 U.S.C. § 1125(a), known as section 43(a) of the Lanham Act. They have also utilized the right of publicity as a basis for bringing a cause of action against persons or entities that have commercialized and financially benefited from use of their photo or character. Nevertheless, celebrities currently cannot register their...
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...Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal, dishonest, or incorrect within an organization that is public or private this is considered whistle blowing...
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...Government II Federal preemption, displacement of U.S. state law by U.S. Federal law. "Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws, and in the area of FDA approved pharmaceuticals. A technique of Congress to establish federal regulations. Total preemption rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity. Building on this constitutional authority, federal law in certain areas entirely preempts state and local governments from the field. Sometimes federal law provides for partial preemption in establishing basic policies but requires states to administer them. Some programs give states an option not to participate, but if a state chooses not to do so, the national government steps in and runs the program. Even worse from the state’s point of view is mandatory partial preemption, in which the national government requires states to act on peril of losing other funds but provides no funds to support state action. An unfunded mandate is a statute or regulation that requires a state or local government, or private individuals or organizations, to perform certain actions, yet provides no money for fulfilling the requirements. When a federal government imposes a law or regulation without necessary funding, for example, it...
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...fact that men sports would have to pay from there program for new women sports to develop. Which would cause “headaches” to directors since they constantly have to find ways to fund many sports for both men, women and the sports that do not contribute to their revenue. They even called upon Congress to assist with the suit but have failed many times to have it over turned. Although the NCAA struggles with balancing, overseeing and running a many sports programs, they must abide by the law. Fortunately this law is still in effect with the NCAA not getting their way and providing the protection and fairness toward women in the sporting...
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...headquartered in Washington, DC and is responsible for managing the ocean energy and mineral resources on the Outer Continental Shelf. The MMS oversees two operations, namely Offshore Energy and Minerals Management (OEMM) and Minerals Revenue Management (MRM). In 1982, Congress passed the Federal Oil and Gas Royalty Management Act. In response to the creation of the new legislation, then Secretary of the Interior James Watt created the MMS as the federal bureau responsible for managing the collection of revenue generated from programs including: oil and gas, coal, metals, potash, and renewable energy resources, as well as oversight of energy companies to ensure they are following the regulations of protecting the safety of their workers, as well as the environment. The MMS collects approximately $13 billion annually making it one of largest revenue sources for the Federal Government. The jurisdiction of MMS is limited generally to a region of the Outer Continental Shelf (OCS) that starts three miles from the coast and extends up to 200 nautical miles from the cost. There are two laws that establish this range: the United Nations Convention on the Law of the Sea (UNCLOS) Treaty and the Outer Continental Shelf Lands Act of 1953. The UNCLOS Treaty is an international agreement that defines the Exclusive Economic Zone (EEZ), being a country’s sea zone territory that extends out to 200 nautical miles from its coast thus establishing a nation’s coastal rights over the exploration...
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