...Nick Montesano Buss 200 Administrative Law Essay The College Of New Jersey Dr. Laura Sanders 9/29/30 A National Dispute In the past decade there has been an increased controversial view of tobacco, alcohol, 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...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...International commercial arbitration is an alternative dispute resolution mechanism of solving disputes arises out of international trade and commerce. It has been vastly developed as one of the most efficient and preferable method of commercial dispute resolution internationally and resulting in the involvement of parties from around the globe that come from different legal systems. Now a day’s developing countries institutions are increasingly entering the IP market, and multiparty, multinational IP relationships are becoming more common, and even essential to socio-economic development. Through transactions involving these relationships scientific, technical, entrepreneurial, creative, and traditional knowledge is exchanged. This leads to increase a large number and type of international disputes. For resolving these disputes the arbitration mechanism is adopted as it resolve disputes (commercial or political) quickly through practical solutions rather than relying on the inflexible and lengthy processes of national litigation that the existing systems had to offer. In modern times, with the rapid growth and expansion of international business transactions Commercial arbitration is an efficacious alternative dispute resolution technique in business community. Though, it is a private, cost-effective and prompt method of resolving cross-border disputes, which makes the parties to opt for this mechanism over domestic litigation. But at the same time it is not a “neutral”...
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...smell a strange smell. You see a group of kids talking and laughing as they take turns “hitting” or “passing” a bowl or joint. Then they turn around and ask you that dreaded question, “Do you want a hit?” Do you said yes, maybe you should said no, who knows you may smoke every day, or maybe you never will. The purpose of this essay is not to convince you to smoke marijuana , but to educate you more about Marijuana because it is everywhere in society and it’s about time everybody knows the history and truth about Cannabis. Question if marijuana is bad for you, then why do we hear about more accidents and fatalities due to alcohol intoxication. Alcohol is a legal drug that can directly kill you with too much consumption. How many cases have you heard of someone losing their life from alcohol poisoning. Approximately 80,000 deaths are caused by alcohol per year. How many cases have you heard of someone overdosing on marijuana; Alcohol is an addictive drug that can cause a person to not only ruin their life, but could end it as well. To most people Marijuana isn’t an addictive drug. The harmful effects of marijuana aren’t as harmful as the effects of alcohol is. Initially according to Rawson, cannabis was only used to make industrial goods; its recreational use in America didn’t become popular until the early 20th century. Recreational use of cannabis was pushed up in the ranks with drugs such as cocaine and heroin. Since the beginning of its recreational use there...
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...com/shop/comm600-full-course-latest-2016-feb-all-weeks-discussions-all-assignments-and-all-quizzes/ week 1 i Learners! :) For this discussion topic, you will make your main post by Saturday of Week One (January 9) and post two substantive replies to classmates by Tuesday of Week One (January 12). This topic is required and graded, and your main post will be worth 60 points, with your two thorough, substantive replies to classmates being worth 20 points each. You will be graded on the quality, depth, and level of expansion and detail in your main and reply posts. Instructions: This semester we'll be exploring the topic of "Millennials" in articles that you be assigned to analyze, evaluate, and use as references for the assigned essays in this course. To begin thinking about this topic, please view either of the two videos on millennials that follow. Please note the attached critical thinking strategies to consider as you view. Then respond in the attached Discussion area to at least ONE of the following questions.: 1. What information was new or surprising to you, and why? 2. What information or concept left you confused, and why? 3. What comment(s) did you disagree with, and why? 4. What information do you find most important, and why? Please include the title of the video you viewed in the subject line of your post. Millennials: 60-minutes documentary This "60 Minutes" video about the millennial generation is 12 minutes long. Feel free to watch it in segments...
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...Analysis of Obamacare Health Policy Anthony E Davis POL201: American National Government Ginger Devine November 25, 2013 Analysis of Obamacare Health Policy One of the most crucial issues of today is the issue of health insurance and availability of quality health services to all residents of the U.S. This paper will analyze the Obamacare Healthcare Policy-highlighting its core elements, health care problem solution, and the policies history. Also it will evaluate the pros and cons using different perspectives in debate. Let’s begin with the elements of Obamacare. The Patient Protection and Affordable Care Act (PPACA), also called Obamacare or the Affordable Care Act, is a United States federal statute signed into law by President Barack Obama on March 23, 2010 (ObamaCare Summary: A Summary of Obama's Health Care Reform, 2013). Since the establishment of Medicaid and Medicare of 1965, Obamacare is one of the most significant expansions from the government and administrative overhaul of the U.S healthcare system. The purpose of the Patient Protection and Affordable Care Act is to raise the rate of health coverage of Americans, to modernize the delivery of health care services, and to reduce the overall costs of health care. This is to be done by restricting certain insurance company practices and providing tax credits and subsidies for individuals and businesses. Prior to the approval of the Obamacare Policy, the American health care industry was in deep...
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...com/shop/comm600-full-course-latest-2016-feb-all-weeks-discussions-all-assignments-and-all-quizzes/ week 1 i Learners! :) For this discussion topic, you will make your main post by Saturday of Week One (January 9) and post two substantive replies to classmates by Tuesday of Week One (January 12). This topic is required and graded, and your main post will be worth 60 points, with your two thorough, substantive replies to classmates being worth 20 points each. You will be graded on the quality, depth, and level of expansion and detail in your main and reply posts. Instructions: This semester we'll be exploring the topic of "Millennials" in articles that you be assigned to analyze, evaluate, and use as references for the assigned essays in this course. To begin thinking about this topic, please view either of the two videos on millennials that follow. Please note the attached critical thinking strategies to consider as you view. Then respond in the attached Discussion area to at least ONE of the following questions.: 1. What information was new or surprising to you, and why? 2. What information or concept left you confused, and why? 3. What comment(s) did you disagree with, and why? 4. What information do you find most important, and why? Please include the title of the video you viewed in the subject line of your post. Millennials: 60-minutes documentary This "60 Minutes" video about the millennial generation is 12 minutes long. Feel free to watch it in segments...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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... • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...Welcome to WritePoint, the automated review system that recognizes errors most commonly made by university students in academic essays. The system embeds comments into your paper and suggests possible changes in grammar and style. Please evaluate each comment carefully to ensure that the suggested change is appropriate for your paper, but remember that your instructor's preferences for style and format prevail. You will also need to review your own citations and references since WritePoint capability in this area is limited. NOTE: WritePoint comments are computer-generated writing and grammar suggestions inviting the consideration and analysis of the writer; they are not infallible statements of right/wrong, and they should not be used as grading elements. Also, at present, WritePoint cannot detect quotations or block-quotes, so comments in those areas should be ignored. Please see the other helpful writing resources in the Tutorials and Guides section of the Center for Writing Excellence. Thank you for using WritePoint. State of Confusion Marlon Sutton Bus/415 March/28/2012 Aaron Towns State of Confusion Tanya Trucker who owns a trucking company is filling a suit that involves the state of confusion. Requiring all [Writing suggestion: "All" or "all of" used as an intensifier very often can be removed with no loss of meaning] trucks and towing trailer, that [Remove comma before "that" preceding a restrictive phrase (otherwise replace...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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... It is crucial to the democratic process that political speech be encouraged and heard. The immense wealth of a corporation allows it to be the most accurate in providing messages to people. Presidents and members of Congress often consult with corporate leaders on a number of issues, suppressing all corporate political speech would eliminate the ability for non-profits and smaller corporations to oppose or reject publicly the position of those larger corporations being consulted. Restrictions do not protect minority or dissenting shareholders because they can address disagreement through the corporate democratic process. 5 points • Question 2 of 35 The best example of a source for virtue ethics for a business is • Answer newspapers articles about the corporation. the corporate mission statement. the documentation in human resources justifying the hiring of new staff. the resumes of the members of the board of directors and the officers. • Which of the following...
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...The Confederation and the Constitution | | | | | Shortly after Thomas Jefferson penned the Declaration of Independence in 1776, the delegates at the Second Continental Congress agreed that a new government was necessary to govern the now-independent colonies. After much debate, they drafted and adopted the Articles of Confederation in 1777. Although the Articles were not officially ratified until 1781, they served as the actual constitution until that time. Under the authority of the Articles, the states created a national Congress comprised of annually elected delegates from all thirteen states. Each state had one vote in Congress, and, in most cases, decisions were made based on majority rule. The National Congress’ powers over the states were specific and definite: it had the sole power to negotiate treaties, declare war, and make peace. It also reserved the right to maintain an army and navy and regulated interaction with Native Americans in the West. The delegates also granted Congress the power to resolve interstate disputes, grant loans, print money, and operate a national postal system. Eventually, Congress was also authorized to govern western territories until they achieved statehood. All powers not granted to Congress were reserved for state governments. Congress had no power to levy taxes. For example, it could only request that the individual states raise revenue to cover their share of national expenses. Furthermore, any amendments made to the Articles...
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...Court can settle disputes between a company and a government. True False | 9. | When dealing with foreign countries, a marketer should refer to “international commercial law” for guidance. True False | 10. | Disputes relating to commercial transactions must be settled in courts and cannot be settled informally. True False | 11. | The statements made by the parties during conciliation may be used as evidence in the subsequent litigation. True False | 12. | If conciliation is not used to settle a difference in an international business dispute or an agreement cannot be reached, the next step is litigation. True False | 13. | Arbitration requires the sole clause of agreement to abide by the awards resulting from the arbitration. True False | 14. | One of the deterrents to litigation with respect to disputes in the international business arena is the fear of creating a poor...
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