...Above the Law Cassandra J. Murrey South University Composition II | ENG1200 S01 Faculty: Randell Wolf December 9, 2014 An article published in the New York Times was released over the weekend describing two separate views towards capital punishment. In California there was a ballot to appeal the death penalty and replace it with mandatory life without parole, and the biggest advocates were Ron Briggs and Mr. Heller who would like to reverse what they have come to view as, “one of the biggest mistakes of their lives” (Danzig, 2012). A law school professor Paula Mitchell stated that by repealing the death penalty in California this would allow us to focus on cost because it is the most “politically neutral” angle (Danzig, 2012). Although there are many different opinions of capital punishment that is believed to be immoral and non-productive at times, these advocates of capital punishment have proven this to be a cost effective, and ethically correct deterrent of future murders. Mr. Briggs stated in a conversation with his father that when capital punishment was established in California 1978 it started with 300 people on death row, and now the state is up to 720 inmates who are waiting on death row (Danzig, 2012). He proceeds to make his case by saying to his republican friend by keeping the death penalty active it would do swift justice by getting the criminals and murderers through the system quickly by applying the death penalty. The American public believes that...
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...TO: Board of Directors of Brazos Manufacturing, Inc. FROM: Independent Business Consultant – Christopher A. Spitzer DATE: May 12, 2014 RE: An Executive’s Double Standard RECOMMENDATION: That the Board of Directors put to a vote the implementation of an Organizational Audit, to take within the current fiscal year. EXECUTIVE SUMMARY: When investigating ethical issues, departments that normally handle documentation are being ignored. For starters, the HR and payroll departments are being excluded from matters at hand in this case. An audit should be performed on the organizational structure of the Company. We are thankful that the Controller exposed these flaws while exposing potential fraud within upper management. However, if the Board decides to terminate the executive vice president, the underlying problem still exists. If the Company turns a “blind eye” to the problem at hand, the long-term implications will affect the Company’s image and bottom-line. PROBLEM STATEMENT: The proper chain of command regarding issues, especially when they involve ethics, are not being followed. Key information is withheld from proper management. ALTERNATIVES: Termination: Letting the unethical person go will reinforce the Companies positive image, but the person let go will continue the behavior elsewhere. If it is repeated, the unethical behavior that was committed here within the Company will come to surface again. This can lead to poor stock performance and financial...
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...of ITAA1936 and includes a person i) Whose domicile is in Australia, unless the Commissioner is satisfied that the person’s permanent place of abode is outside Australia. ii) Who has actually been in Australia, continuously or intermittently, during more than one half of the year of income. iii) Who is: a) A member of the superannuation scheme established by deed under the superannuation act 1990; or b) An eligible employee for the purposes of the Superannuation Act 1976; or c) The spouse, or a child under 16, of a person covered by sub-subparagraph (A) or (B) Section 6(1)(a) of the ITTA1936 defines a resident of Australia as a person other than a company who resides in Australia. Under common law, this test is referred to as the ordinary concepts test. In the cases of Levine v IRC (1928) and IRC v Lysate (1928), it was held that a broad range of factors will be considered in determining ordinary residence such as the maintenance of a place of abode in...
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...liability for mental harm in Western Australia or in fact Australia, we must look upon the history of ‘nervous shock’ law, the legitimacy of floodgate arguments and the effect of recent reforms and new legislative provisions in the various Civil Liability Acts. Development of the law The right to claim for negligently caused mental harm has been around for some 125 years dating back to the pre-federation Victorian case of Coultas v Victorian Railway Commissioners. It has consistently been far more tedious in establishing than claims surrounding physical harm due to a difficulty in distinguishing between real or imaginary/exaggerated claims. Seeing is believing and since psychiatric injury is not visible to the untrained eye, claims were long thought of as frivolous. In recent decades, however, medical identification of psychiatric injury has propelled legal recognition of it. As Gummow and Kirby JJ noted in Tame and New South Wales and Annetts v Australian Stations Pty Ltd, ‘there have been advances in the capacity of medicine to objectively distinguish the genuine from the spurious’. History of the law The history of the common law in this area heavily rests on the fear of opening the floodgates of litigation. Courts have been hesitant in recognising claims, concerned with creating indeterminate liability for plaintiffs. During the 20th century statutory law...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...(“The Court”) granted Ms Takamore leave to appeal from the Court of Appeal. Ms Takamore claimed that Mr Takamore should be buried according to Māori burial custom, which provides for the return of whānau to tribal burial grounds. Ms Clarke contended that she had the right as executor to dispose of his body. The first issue concerns whether the executor has exclusive right to determine the disposal of the deceased. The second issue addresses the role of tikanga Māori in common law. The Court unanimously dismissed the appeal and granted Ms Clarke the right to have Mr Takamore reburied. The majority, Tipping, McGrath and Blanchard JJ and minority, Elias CJ, concluded with different reasoning. I Executor Rule A Decision The Court agreed that no statute specified who had authority to dispose of the deceased. The majority, in line with the lower court judgments, concluded that executors have exclusive right to dispose of the deceased (“the executor rule”). They considered other common law jurisdictions and concluded that, Williams v Williams, an English case adopted by New Zealand in Murdoch v Rhind, provided authority that the executor’s decision is determinative. The majority...
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...the validity of the above hypothetical laws. In discussing the validity of these hypothetical laws, a number of issues must be addressed. Firstly, it must be found whether the laws are made within the authoritative powers dealt to the State and the Commonwealth, making them valid under the relevant provisions of the Commonwealth of Australia Constitution Act. If it is found that both the laws are valid in this sense, the issue will be whether the two laws are inconsistent with one another. Lastly, if it is found that the two laws are inconsistent, section 109 will come into force, rendering the state law inoperative. Is the Commonwealth law valid? To use s109 to invalidate a State law, first it must be found whether the Commonwealth law and the State law are valid. ‘If either is invalid ab initio by reason of lack of power, no question can arise under the section.’ A Commonwealth law is valid if it is made within the scope of power assigned to the Commonwealth under the Constitution. S51 (xx) of the Act states: Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth; Given that s51(xx) allows the Commonwealth to make laws regarding financial corporations formed within the limits of the Commonwealth, and the hypothetical federal law contains the words financial...
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...------------------------------------------------- Price Signalling and Competition – Research Essay An evaluation of the law should be conducted in light of a specific objective. This way, one can make a valid determination regarding the effectiveness of the laws in question and their operation with respect to their intended purpose. The objective of the Competition and Consumer Act 2010 (Cth) (CCA) is to enhance the welfare of Australians by promoting competition and fair-trading, and to provide protection to Australian consumers. The relevant laws in place should therefore reflect the aims of this objective. It has been proposed that government action to prohibit anti-competitive price signalling and information exchange between competitors advances the objective of the CCA by strengthening its safe guards against anti-competitive conduct, recognising that competitive markets enhance the welfare of Australians. Several commentators from the business and legal community however challenged this suggestion. They argue that amendments to this end would be futile as such conduct is already regulated by the existing provisions in the CCA. Others have even argued that such regulation has the potential to impede to legitimate and pro-competitive commercial behaviour. Nonetheless, the Australian Consumer and Competition Commission (ACCC) has maintained its position in support of laws that specifically target anti-competitive communication between competitors. Recent public disclosures regarding...
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...------------------------------------------------- Ohm's law From Wikipedia, the free encyclopedia This article is about the law related to electricity. For other uses, see Ohm's acoustic law. V, I, and R, the parameters of Ohm's law. Ohm's law states that the current through a conductor between two points is directlyproportional to the potential difference across the two points. Introducing the constant of proportionality, the resistance,[1] one arrives at the usual mathematical equation that describes this relationship:[2] where I is the current through the conductor in units of amperes, V is the potential difference measured across the conductor in units of volts, and R is the resistance of the conductor in units of ohms. More specifically, Ohm's law states that the R in this relation is constant, independent of the current.[3] The law was named after the German physicist Georg Ohm, who, in a treatise published in 1827, described measurements of applied voltage and current through simple electrical circuits containing various lengths of wire. He presented a slightly more complex equation than the one above (see History section below) to explain his experimental results. The above equation is the modern form of Ohm's law. In physics, the term Ohm's law is also used to refer to various generalizations of the law originally formulated by Ohm. The simplest example of this is: where J is the current density at a given location in a resistive material, E is the electric...
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...Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection. I INTRODUCTION Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) * Associate Professor, School of Law, Deakin University, Australia. 132 D EAKIN LAW REVIEW VOLUME 13 NO 2...
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...Gas laws apply in many everyday activities and daily necessities including air travel and recreation. Air medical services use gas laws in order to understand how the changes in altitude affect people, equipment and the internal environment of the aircraft. Several laws affect air travel including Boyle’s law, Henry’s law, Dalton’s law and Graham’s Law. Boyle’s law is relevant as it explains how pressure changes allow the gas to expand (Monroney, 2013). Dalton’s law transfers oxygen molecules from a person’s lungs to their bloodstream depending on the pressure gradient. Henry’s Law relates to the pressure of a gas over liquid (solubility). Within humans physiology the three physiological zones within the atmosphere are utilised to control conditions. Between sea level and 3 048 metres above sea level...
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...questions carefully. 2. Reproduction of this paper (printing and photocopying) is strictly prohibited. Sanctions shall be given to anybody that will be caught under the discretion of the teacher. 1. The purpose of the Rizal Law is to: a. teach the duties of citizenship b. develop moral character, personal discipline, and civic consciousness c. use the unexpurgated version of the novel (English, Filipino and other dialects) d. All of the above 2. What R.A. no. was enacted by the Congress of the Philippines that required all schools, colleges, and universities to study the Life, Works, and Writings of Jose Rizal particula Direction: MULTIPLE CHOICE: Select the letter of the correct answer and write it on a 1 whole sheet yellow paper. Avoid erasures as much as possible. Submit the yellow paper during the midterm exam (Monday, 11am-12:00noon, Rm STC601) Note: 1. This quiz is good for 2 major quizzes for midterms since it comprises the entire topics for midterms. Numbers 1-30 is the first part and #31-60 is the second part. So answer the questions carefully. 2. Reproduction of this paper (printing and photocopying) is strictly prohibited. Sanctions shall be given to anybody that will be caught under the discretion of the teacher. 1. The purpose of the Rizal Law is to: a. teach the duties of citizenship b. develop moral character, personal discipline, and civic consciousness c. use the unexpurgated version of the novel (English,...
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...PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA Number: 25 of 2007 CONCERNING INVESTMENT Logo BKPM THE INVESTMENT COORDINATING BOARD (BADAN KOORDINASI PENANAMAN MODAL) Jl. Gatot Subroto No 44, Jakarta 12190, Indonesia Tel.: (62-21) 5252008, 5254981, 5253866 Fax: (62-21) 5254945, 5253866 Website: http://www.bkpm.go.id E-mail: sysadm@bkpm.go.id PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA Number: 25 of 2007 CONCERNING INVESTMENT IN THE NAME OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that, to realise prosperous an community impartial, based on Pancasila (National Ideology) and the 1945 Constitution of the Republic of Indonesia, it is necessary to develop sustainable national economy based on economic democracy in order to achieve the objective of having a state; b. that, pursuant to mandate written in the Decision of the People Consultative Assembly of the Republic of Indonesia Number: XVI/MPR/1998 concerning Political Economic in the framework of Economic Democracy, investment policy should properly be -2- based on people economy by involving the development of micro, small and medium-sized enterprises, and cooperatives; c. that, to accelerate national economic development, as Indonesian well as political sovereignty, it to and is ...
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...Chapter Title: 3 The Theory of Stare Decisis Book Title: The Sources of Hong Kong Law Book Author(s): Peter Wesley-Smith Published by: Hong Kong University Press, (October 1994) Stable URL: http://www.jstor.org/stable/j.ctt2jc134 . Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A....
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...legislative branch, the Senate and House of Representatives, of government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in the court case in the above passage are Gregory Johnson and the State of Texas. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. Most authority = Texas Court of Criminal Appeals Middle authority = Texas Court of Appeals, Fifth District Least authority = Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. After hearing the oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? Because of the Supreme Court’s decision to uphold that which was already made by the Texas Court of Criminal Appeals, the statute in question was struck down. 7. Write 1-2 paragraphs explaining the difference between case law (like the court cases above) and...
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