...would afford Mona-and, her son a legally recognized parental relationship outside this state's borders? Rule- federal courts that have considered the issue have held that a judicial order of adoption in one state must be afforded full faith and credit in every other state, and that there can be no “public policy” exception to that mandatory recognition ( Finstuen, at 1152; Adar v. Smith, 591 F.Supp.2d 857, 862 [E.D.La.2008] ) Application- For Full Faith and Credit purposes, a judicial order of filiation should produce the same result as an adoption. The Tenth Circuit noted, with regard to adoptions, despite the fact that courts may use different words, such as “decree” or “order”, to refer to their final decisions, it is clear that all decisions are judgments under the common law definition “and, with respect to final judgments entered in a sister state, it is clear there is no public policy' exception to the Full Faith and Credit Clause ( Finstuen, at 1153, n. 12). At present all states have enacted provisions, like New York's FCA § 571(11), containing a full faith and credit provision; but extension of New York's paternity acknowledgment to genetic mothers would depend on construction of the statute by courts of this state. The Full Faith and Credit clause itself require recognition without a public policy exception since it does not apply to a state court's construction of...
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...Essay on Federalism Your Name School/College/Course Name INTRODUCTION TO FEDERALISM : The Tenth Amendment to the Constitution (ratified in 1971) states the basic principle of the system of Federalism in America, saying "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Hayes). Federalism is thus a system wherein a written constitution bestows powers to a central government and regional or sub-divisional governments. Both types of governments retain a significant amount of authority, being autonomous in nature and possessing the power to act directly upon the people through their officials and laws. Power sharing is done by granting delegated powers, concurrent powers and reserved powers to the national government, national and state governments, and state governments respectively. For instance, determination of foreign policy, power to make treaties and declare wars, control imports and exports, and printing money is done by the federal government. On the other hand, state and federal governments share responsibilities such as taxation, business regulation, environmental protection, and civil rights. At the Constitutional Convention of 1788, the Federalists and the Anti-Federalists were undecided on which style of government would suit America best. They debated over the actual scope of national authority versus the protections of individual rights. While...
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...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
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...Accidental Damage Service for Consumer Customers Services Agreement - Terms and Conditions BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. THESE TERMS AND CONDITIONS (THIS “AGREEMENT”) WILL SUPPLEMENT, AND IF IN CONFLICT WITH WILL CONTROL, THE TERMS AND CONDITIONS OF ANY APPLICABLE SIGNED AGREEMENT BETWEEN YOU AND DELL (INCLUDING WITHOUT LIMITATION, DELL’S STANDARD KEY CUSTOMER PURCHASE AGREEMENT) OR, IN THE ABSENCE OF SUCH AN AGREEMENT, DELL’S STANDARD INVOICE TERMS AND CONDITIONS OF SALE (see http://www.dell.com/terms). DELL’S STANDARD INVOICE CONTAINING A DESCRIPTION OF THE PRODUCT YOU PURCHASED IS HEREBY INCORPORATED BY REFERENCE IN ITS ENTIRETY INTO THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND DELL MARKETING L.P. OR THE DELL ENTITY AS SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR DELL’S STANDARD INVOICE TERMS AND CONDITIONS (“DELL”, “WE”, “US”, OR “OUR”). ALL CAPITALIZED TERMS AND CONDITIONS NOT DEFINED HEREIN SHALL HAVE THE MEANING SPECIFIED IN THE AFORMENTIONED SIGNED AGREEMENT OR DELL’S STANDARD INVOICE TERMS AND CONDITIONS. For your one-time payment to us as specified on your invoice (the “Total Price”) for each computer or computerrelated device (“Computer Device”) plus any applicable sales or similar taxes, Dell will provide you with Accidental Damage Service pursuant to the following terms and conditions: 1. Covered Computer...
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...Secured And Unsecured Bonds Introduction Bonds may be secured or unsecured. To be secured is to be backed by collateral--the money or physical assets that a bond issuer must give to investors if the bond defaults. Securing ensures that capital will be available to pay the principal on a bond. Corporate bonds and municipal bonds may be secured or unsecured. Federal government bonds, however, are unsecured. You will learn first about some major types of secured bonds. After this, we will introduce unsecured bonds, also called debentures. Instead of securing them with some kind of collateral, the issuer "backs" these bonds with its creditworthiness. Secured Bonds Secured bonds are given names that reflect the type of collateral that backs them. Below are some major ones. Mortgage bonds are secured corporate bonds that are backed by real estate, although they may include equipment as well. They may cover all mortgageable property or just specific pieces. Because mortgage bond collateral provides a clear claim on a company’s assets, mortgage bonds are considered high-grade and safe from default. A trustee acting on behalf of bondholders holds the collateral; if the bond defaults, this trustee may foreclose for the bondholders. There are two types of mortgage bonds: first mortgage bonds and junior mortgage bonds. Should an issuer have to liquidate, first mortgage bonds are paid off before juniors are. To finance projects such as bridges, hospitals, and power plants, municipalities...
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...Federalism Prof. Rogelio Garcia Political Science 3517 Federalism With the discontent from Britain’s policies and wanting to find a balance form of government, the Framers of the American Constitution decided on a new federal form of government, and created The Articles of Confederation. Under the Articles of Confederation (1781-1788), it provided the states to retain sovereignty and more power than the central government. Congress had no power to levy taxes or regulate interstate commerce. Areas assigned to the central government were difficult to legislate, as they had to be approved by nine of the thirteen states. States had the power to veto changes made by Congress. States taxed each other’s goods and even negotiated their own trade agreement with other nations (Government by the People pg.13) and unnamed democracies were on the rise in some states (“Pennsylvania’s’ Constitution”) (Prof. Garcia). Biased popular assemblies were against the privileged and believed that wealth undermined equal rights. Since the Articles of Confederation were weak and flawed to successfully govern the new United States; a new federal form of government of federalism was adopted that recognized the idea that people had basic rights that the government must protect along with separation of powers to avoid the conflicts between the states and the national government. The framework included the following: freedom of religion, speech, and the press, as well as the right to trial by jury and...
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...Danny Dieguez Professor Powers National Government 8 October , 2012 Perceiving to what the majority rule has for the legalization of gay marriage, the strength of that side is based on the ballot box. According to the Constitution, it has no specific right to marriage as people have viewed. That's where the ballot box comes in for people to vote and decide if gay marriage should be legal or not. If the majority of people believe that is the right thing to do then the public will be won over. The only weakness about this view would have to be that the majority rule does not work in the favor of gay couples. Viewing the State-by-State statements, people want to figure out if determining the legality of gay marriage should be continued to be argued and if it is appropriate. The weakness about this view is that the power is left for the states to decide because the Constitution is not authorized by the federal government of gay marriage. Meaning that each state has the power to decide on whether what their own policy will be as a state. Based on the Defense of Marriage Act, it gives each state the legal authority to approve or reject same-sex marriages. The strength about this resolves to federalism taking over to operate and letting the subsets of states get their way by their own people locally. Reading the civil rights issue conveys only a positive side to all of it. The issue conveys to be considered as a civil right problem because of what America went through with the...
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...Religion and Gender Is religion bad for women? Religion by definition is “a particular system of faith and worship” (New Oxford American Dictionary). I believe that religion in its simplest form of just faith and worship is good for everyone, including women. However, the politics, and power inequity that play such a large role in organized religion are bad for women in many ways, three of which include; organized religions are male centered, brilliant women are oppressed, and they are not given credit for what they do. Organized religions are male centered, which creates a hostile environment for women to pray and worship. “Men administered the sacraments, wrote the prayer books, preached the sermons and made the decisions.” (Women and American Religion p.11) For centuries men have played the leading roles in organized religion and consequently “sexist assumptions about women” (Women and American Religion p.124) have incorporated themselves into religious communities. For example, Muslim and Jewish women are required to sit behind a curtain during religious services. By doing this, men are prevented from becoming too “distracted”. When Asra Q. Nomani sat in the main hall with the men in her mosque, they claimed they could not pray in the presence of a woman, and when she again refused to sit behind the curtain, they banned her from the community. Another example is the Protestant view that: “God is the head of Christ, Christ is the head of man, and man is the head of women”...
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...Choosing and Using Credit Cards Chances are you've recieved your share of "pre-approved" credit card offers in the mail, some with low introductory rates and other perks. Many of these solicitations urge you to accept "before the offer expires." Before you accept, shop around to get the best deal. Credit Card Terms A credit card is a form of borrowing that often involves charges. Credit terms and conditions affect your overall cost. So its wise to compare terms and fees before you agree to open a credit or charge card account. The following are some important terms to consider that generally must be disclosed in credit card applications or in solicitations that require know application. You also may want to ask about these terms when you're shopping for a card. Annual Percentage Rate. The APR is a measure of the cost of credit, expressed as a yearly rate. It also must be disclosed before you become obligated on the account and on your account statements. The card issuer also must disclose the "periodic rate" - the rate applied to your outstanding balance to figure the finance charge for each billing period. Some credit card plans allow the issuer to change your APR when interest rates or other economic indicators - called indexes - change. Because the rate change is linked to the index's performance, these plans are called "variable rate" programs. Rate changes raise or lower the finance charge on your account. If you're considering a variable rate card, the issuer must also...
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...Not only are your natural given rights protected under the new constitution but it also provides reciprocity among the states. This is enforced under the “Privileges and Immunities” and “Full Faith and Credit” clause. Under the “Privileges and Immunities” clause, no individual can be discriminated or denied their rights based on their state of residency. Similarly, the “Full Faith and Credit” clause enforces each state to respect the public acts, records, and judicial proceedings of every state. The Constitution possesses the guidelines we need to thrive as...
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...about society’s opinion? Many oppose same-sex marriage, but there aren’t really any valid reasons against it. I would choose to oppose the Amendment to ban same-sex marriage. When you are born in the Unites States or become a legalized citizen, you are granted certain unalienable rights under the Declaration of Independence and the Constitution. So who are we to turn an American citizen away from the rights given to them? Denying marriage to same-sex couples is a violation of religious freedom. The Defense of Marriage Act passed in 1996 by the Congress says “states do not have to honor same-sex marriages performed in other states” (Harrison et al. 2011, 771). The act goes completely against the Full Faith and Credit provision of the federal Constitution. The Full faith and Credit Provision requires that states recognize the judicial proceedings and acts of other states. The 14th Amendment states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law” (Fred Elbel/www.the14thamendment.us). Under the Due Process Clause, no state can deprive its citizens of life, liberty, or property. This means states cannot deny their citizens of rights guaranteed by the U.S. Constitution. According to the website balancedpolitics.org a benefit to...
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...Contract of Sale. By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therefore a price certain in money or its equivalent. |Contract of Sale |Contract to Sell | |Title over the property passes to the buyer upon delivery unless |Ownership is retained by the seller whether or not there is | |there is a contrary agreement |delivery. Ownership passes to the buyer only upon full payment of| | |the price | |Non-payment of the purchase price is a negative resolutory |The payment in full is a positive suspensive condition, meaning, | |condition, meaning the sale becomes ineffective upon the |if the purchase price is not paid, the obligation to deliver and | |happening of such condition |to transfer ownership on the part of the seller does not become | | |effective | |After delivery of the objective, the seller loses ownership over |Whether there is delivery or not, the seller retains the | |it. Unless, the contract is set aside, he cannot recover...
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...Yet one day Jacob took advantage of Easu when he was weak and vulnerable, Jacob convinced Easu to give him his right as first born. This is an example of Jacob living unconvenantly with himself, God, and others. I don’t think he had bad intentions at heart but that doesn’t mean what he did wasn’t selfish or wrong, it was. Then Jacob decided to but his faith in his mother instead of God when she told him to go out to the field and help her prepare a meal for his father: Isaac. This was actually Easu’s task but Jacob and his mother: Rebecca took advantage of this opportunity to get Isaacs full blessing. Obviously Rebecca favored Jacob and Isaac favored Easu but I don’t think it should’ve been a matter of favorites. I think both of the sons should have been blessed. Of course Jacob and Rebecca beat Easu in preparing the meal and then gave it to Isaac. They were tricky and convinced Isaac that Jacob was really Easu, therefore he received the blessing. This was another messed up thing for Jacob to do to Easu. Forcing your will with God isn’t right. Jacob should have stopped thinking so much about himself. This was Jacob’s fault, his messed up family values left him manipulative, and his egocentricity was very high...
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... P.O. Box 7001 Longview, TX 75607-7001 903-233-3396 FAX 903-233-3221 FAITH BRINGS US TOGETHER. INGENUITY SETS US APART. Finance Internship DESCRIPTION For a general finance internship the student should receive supervised experience in performing duties in an actual business environment, with emphasis on observing the financial decision-making process involved in the conversion of resources into sales of goods and/or services. The intern should invest a minimum of 150 hours for full credit. PURPOSE AND GOALS OF THE COURSE By the time that you have successfully completed your internship, you will: 1. Identify specific theories, concepts and principles that were relevant at some time during your internship. 2. Develop skills in self-directed learning and dealing with ambiguity. 3. Formalize and apply your personal standard of Christian business ethics in the workplace. 4. Identify and evaluate your strengths and weaknesses as an employee and business professional. 5. Improve your communication and interpersonal skills. 6. Assess the possibility of a career with your internship employer and identify other career option opportunities. 7. Formalize and apply your personal philosophy of the integration of Christian faith in the workplace. International Finance Internship: • For this type of internship, the internship should allow the student to explore...
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...www.howardscasedigests.webs.com 1 CHAPTER 1: INTRODUCTION CONTRACT OF SALE – One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional. SALES 1. Contract of sale (absolute) • real obligation – obligation to give • remedies available: a. specific performance b. rescission c. damages 2. Contract to sell (conditional) • personal obligation – obligation to do • remedies available: a. resolution b. damages ESSENTIAL REQUISITES OF A CONTRACT OF SALE 1. consent 2. subject matter 3. price CHARACTERISTICS OF CONTRACT OF SALE: 1. Nominate - law gave it a name 2. Principal - can stand on its own; unlike accessory contract 3. Bilateral - imposes obligation on both parties a. obligation of seller – transfer ownership & deliver b. obligation of buyer – pay for price Consequence: power to rescind is implied in bilateral contracts 4. Onerous – with valuable consideration • Consequence: all doubts in construing contract to be resolved in greater reciprocity of interest 5. Commutative – equal value is exchanged for equal value • Test: subjective – as long as parties in all honesty that he is receiving equal value then it complies with test & would not be deemed a donation; but must not be absurd. • Inadequacy of price or aleatory character not sufficient ground to cancel contract...
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