...Individual Paper Alexander C. Garcia LAW/ 421 February 24, 2014 Professor Paget Sanders Individual Paper According to Melvin (2011), “law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force” (p. 4). Law or rules between individuals in a business or society have influence on laws such as contract law, tort law and property law. An example of rules that limit the reach of the government and provide rights to an individual are the Bills of Rights and the U.S. and the state constitutions. Both the laws between individuals in a society and the individuals in a business exercise their constitution and Bill of Rights in order to create fairness between the government and rights of the people. Now the rules or laws imposed by government that restrict individuals is criminal law, tax law and traffic law etc. These rules and laws that restrict individuals help to keep some order and power within the government to do what is right universally to create a powerful and stable business or society. The functions and role of law come from many past centuries of historical morals and justice. These ideas and morals that modern society use today derive from natural law, positivist school, historical school and legal realism. Natural law is a universal law applicable to all human beings, which transcends time and geography. The source of this can be God, religious teaching, morality or a conscience. Aristotle, a Greek philosopher,...
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...uphold a moral compass while our technological capabilities advance, which is extremely easy and practical for a religious leader to say. What if the Dalai Lama is extremely wrong and biased in his outlook on what the world will look like after such major medical advances? The Dalai Lama says there may be many consequences of science on culture and society. In all reality, consequences will never be known unless; these medical and technological advances are introduced and tried out. Consequences and effects play a very major role in science; it is all trial and error. The Dalai Lama may try to give the good and bad sides of these advances; however, they are vague and cannot be taken as the “doctrine” or “moral compass” for society. The Dalai Lama comes from Tibet, a place where people are not as nearly as modern or technologically advanced as Americans or other world powers. Tibetans have totally different priorities, morals and outlooks on life. So, how could the Dalai Lama expect for modernized people to follow his guidance when he comes from a background that lives for the future and not the present? In reality, the world is having so many medical and social issues now, from the swine flu outbreak to the present state of our economy. Do we forget about these present issues and just focus on a future world that may not even be here in the near future with or without the effects of science and technological advances? Genetic engineering can increase the yield rate and lower...
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...Klein, Kestenbaum, Dannenberg & Klein, LLP, New York, NY, for Defendants-Appellees.Jennifer S. Brand, Assistant Attorney General (M. Patricia Smith, Assistant Attorney General, Daniel J. Chepaitis, Assistant Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Attorney General of the State of New York, New York, NY, for amicus curiae Eliot Spitzer, Attorney General of the State of New York.Catherine K. Ruckelshaus (Laurence E. Norton, II, Amy Sugimori, of counsel), National Employment Law Project, Inc., New York, NY, for amici curiae Asian-American Legal Defense and Education Fund and National Employment Lawyers' Association. This case asks us to decide whether garment manufacturers who hired contractors to stitch and finish pieces of clothing were “joint employers” within the meaning of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., and New York law. Plaintiffs, garment workers in New York City who were directly employed by the contractors, claim that the manufacturers were their joint employers because they worked predominantly on the manufacturers' garments, they performed a line-job that was integral to the production of the manufacturer's product, and their work was frequently and directly supervised by the manufacturers' agents. The manufacturers respond that the contractors, who, among other things, hired and paid plaintiffs to assemble clothing for numerous manufacturers, were plaintiffs'...
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...a separate legal identity from its share holders or owners. This simply means at law the company is viewed as a separate being from its incorporators. A company may incur a debt and only the company will be liable for that debt its incorporators will not have to reach into their personal assets to relieve the company of that debt even if they are in sole control of that company. This principle has coined the term “the veil of corporation”. The veil of corporation has been a strict rule in company law, however there have been instances where the courts are willing to pierce this veil and view a company and its incorporators as a single entity. The extent to which the courts will uphold the principle in Salomon will be discussed below. In Macaura v Macaura Macaura exchanged his timber and estate for shares in a company, the timber was insured in his name and subsequently got burnt, Macaura neglected to have the timber insured in the company’s name hence the insurers said he had no claim to the timber. Macura followed the decision in Soloman however my point of focus is on Lord Wrenburys statement “The corporator even if he holds all the shares is not the corporation”. This statement shows that strictness at which the courts uphold the corporate veil, In reality if Macura held all the shares in the company it would be unjust to deny him the insurance as despite the legal implications the reality of the situation is, Macuara acted to his detriment when insuring the timber and...
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...citizens, Congress hastily put together a bill outlining the workings of the U.S. Patriot Act. The United States Patriot Act of 2001 was signed into law by President George W. Bush in 2001. President Barack Obama signed the Patriot Sunsets Extension Act of 2011, which created a 4 year extension of 3 key parts of the Patriot Act. Warrantless searches of business records, roving wiretaps, & conducting surveillance of individuals suspected of terrorist-related activities not linked to any specific organized terrorist groups. The Patriot Act dramatically reduced restrictions on law enforcement agencies' ability to search all records, documents, histories, etc., without the restraints of the normal operations of judicial law which most citizens assume will always protect them. The National and State Governments and their agencies work together to implement the Patriot Act with as minimal an “obvious” intrusion as possible into ours, the American citizens lives. It is obvious the security must be there, but with a minimal amount of perceived disruption to constitutionally given freedoms and rights. US citizens have become accustomed to, and expect their rights and freedoms, no less. THE USA PATRIOT ACT--GOOD OR EVIL? The USA Patriot Act--Good or Evil? The USA Patriot Act of 2001 is an act of Congress that was signed into law by President George W. Bush on 10/26/2001 and strengthened by President Barack Obama who signed legislation which extended key provisions of the Patriot...
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...IRAC Case Study LAW 531 Case Summary Superstar Kim Kardashian was victorious in a legal battle with her estranged husband Kris Humphries. Kris Humphries demanded access to view emails Kim Kardashian had in a closed e-mail account. These e-mails were personal private property of Kim Kardashian’s and not a marital asset or a real asset. Because this was not a business situation, Kris Humphries could not claim he had rights to Kim’s personal e-mails. Cheeseman (2013) states, real property is immovable or attached to immovable land or buildings, whereas personal property is movable. In this situation, the e-mail account in question is personal property. According to FindLaw (2013), E-mail privacy is derived from the Fourth Amendment to the U.S. Constitution and is governed by the "reasonable expectation of privacy" standard. Rule Cheeseman (2013) states, "The law protects the rights of owners of personal property to use, sell, dispose of, control, and prevent others from trespassing on their rights." In the divorce case of Kardashian vs. Humphries the personal property belonged to one party of a divorce and does not belong to the other party. It is lawful for the owner of the personal party to prevent the other party from trespassing on their rights. In the case of divorce a party who wants access to the other party's personal property does not have a legal right to it. If this was a business managerial setting the electronic communication would be consider...
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...FIRACT – Chapter 1 (p.37) Susan Ho NLRB v. Friendly Cab Co. 512 F.3d 1090 (9th Cir. 2008) Facts Friendly is a taxi company in Oakland, CA, run by Singh’s family. After tension arouse between Friendly and its drivers, the Union was appointed as the rep to file a petition with the NLRB seeking a declaration that these drivers were employees and entitled to representation for collective bargaining purposes. Evidence of IC Status • • • • The agreement specifically stated that no employee-‐employer relationship existed Drivers do not work set hours or a minimum number of hours Friendly does not provide any benefits to drivers Friendly does not provide standard employer responsibilities such as withholding SS taxes, payroll taxes, and other taxes on behalf of the drivers • • Friendly does not provide workers’ compensation insurance Drivers paid fixed rental rate and kept all collected fares and...
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...INTRODUCTION TO SOFTWARE ENGINEERING Have you ever noticed how the invention of one technology can have profound and unexpected effects on other seemingly unrelated technologies, on commercial enterprises, on people and even on culture as a whole? This phenomenon often called:- “THE LAW OF UNINTENDED CONSEQUENCES”. Today, computer software is the single most important technology on the world stage, and software is also a prime example of the “Law of Unintended Consequences”. No one could have foreseen that over the past 50 years, software become embedded in system of all kinds. i.e. Banking, Medical, Transportation, Entertainment and so on. And if we believe in the Law of Unintended Consequences, there are many more effects that we can not yet predict! As software’s importance has grown, the software community has continually attempted to develop technologies that will make it easier, faster and less expensive to build and maintain high quality computer programs. Some of the Software technologies are targeted at a Specific Application Domain (e.g. Web site design and implementation). Others focus on a Technology Domain (e.g. O.O System and programming) and still these are Broad-based software Applications domain (e.g. Operating Systems such as Linux), However we have yet to develop a Software technology that targeted to all the likelihood of one arising in the future is small. WHAT IS COMPUTER SOFTWARE? Computer Software is the product that Software...
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...Leeds Business School, Leeds Metropolitan University, Leeds, UK, and Clive Smallman Commerce Division, Lincoln University, Canterbury, New Zealand Abstract Purpose – This paper seeks to examine the mainstream theories of corporate governance in an attempt to suggest that their underlying assumptions and ideologies are misplaced and ought to give way to an emerging pluralistic view of the governing process in order to understand any governance contribution to the dynamics of the business environment. Design/methodology/approach – The paper engages with the traditional literature and views on governance models from law, business and organisational studies perspectives. It then considers the environment and changes in the environment and how those challenge the relevance of the traditional approach, drawing upon the impacts on the fluidity of management and governance perspectives and practices in the global economy. Findings – The reflections and analysis confirm the view that the underlying assumptions of existing models and regulatory frameworks for governance are misplaced and it is suggested, with reason, that a pluralistic view and framework are better than the current dualistic approach to provide a better understanding of corporate governance in today’s dynamic business environments. Originality/value – The paper develops a new model and framework for governance practice and regulation and seeks to persuade policy makers and commentators that the global business environment...
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...Tax Law and Accounting Craig ACC 483 June 21, 2010 Jeff Hough Modern taxation comes from a long history of changes in the United States beginning with the Revenue Act of 1861 that was designed to assist with funding the Civil War. This tax was repealed 10 years later. “In 1894 Congress enacted a flat rate federal income tax, which was ruled unconstitutional the following year by the U.S. Supreme Court because it was a direct tax not apportioned according to the population of each state” (Terrell, 2009, History of Tax Law, para. 2). In 1913, the Sixteenth Amendment enacted modern day federal income tax in the United States. Before 1913, the federal government relied on customs duties and excise taxes as its source of income. As America developed the U.S. government needed additional income to sustain its operations. The Sixteenth Amendment consisted of just one sentence: “The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration” (Pope, Anderson, & Kramer, 2010, p. 1-3). The implementation of income tax remains one of the most remarkable institutions created in this era. Modern Income Tax Statutes The primary objective of modern tax statutes is to generate revenue to sustain governmental operations. The largest source of federal revenues is individual income taxes. Other sources come from corporate income taxes and Social...
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...consequences for world societies and civilizations are enormous. World leaders need confidence that they can predict outcomes when they implement their plans. They cannot manage their policies without prediction. W. Edwards Deming tells us that management is prediction (Rienzo, 1993). How does the human mind find confidence in predictions? From where does confidence come? Confidence comes from knowing the systems we are attempting to manage. The purest expressions of knowledge that we have as human beings are scientific laws. Scientific laws allow scientists to predict outcomes with certainty when they engineer physical structures, mechanical technologies, or chemical/biological reactions. Can political and business leaders use processes similar to the ones that produce scientific laws to address the most pressing issues of world societies? The perspective of physicist Nancy Cartwright offers some insight. Truth is Relative Wherever it is Found Scientific laws come as...
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...My Learnings in Business Ethics, Social Responsibility and Good Governance What is ‘business ethics’? Business ethics talks on the behavior of people involved in a business. Business ethics is about ethical property. Business ethics affects one’s decision making of doing what is good, correct, and moral and avoiding doing evil. Business ethics means developing self. What is ‘social responsibility’? Social responsibility means doing well to others where in you need to consider the full scope of an act to the welfare of the community by fulfilling social obligations to your stakeholders. Remember that you cannot do good to others if you do not develop yourself. As for your customers, give them quality products and services. As for the government, you have to follow the parameters of laws and pay right amount of taxes. As for your employees, right compensation must be given to them. As for the environment, you must take good care of it by saving unrenewable resources. As for your suppliers, you have to pay on time and follow the contract since they deliver what you need. As for the community, respect culture and open opportunities by giving them jobs. What is ‘good governance’? Good governance is on how you govern your stakeholders. As a manager, you are leading, managing, and governing your business. The main goal is to be accountable, to be ethical, to be profitable, and to be responsible. Business ethics talks on principles, business, and behavior of people. Remember...
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...2012 JAGANNATH UNIVERSITY DEPARTMENT OF LAW Shakil Ahmed 3rd Batch [CRIMES IN CYBER CAFÉ AND ITS RULES AND RAGULATION] The study investigates the cyber café rules around Bangladesh: law and reality. It evaluates whether the guideline for cyber café owners’ and users are properly maintained or not. This study also reveal how crime occurred on the cyber café and why and it also investigate whether the guidelines are sufficient or not. At last this study recommend some point by which we can maintain our cyber café institution properly and by how we can reduce crime occurred on the cyber café. Index Abstract ………………………………………………………………………...………. 2 2 2 2 2 2 2 2 3 5 5 5 5 6 7 8 8 9 13 14 17 17 19 1. Introductory part ………………………………………………………….……..…. 1.1 Aim of the study ……………………………………………….……….... 1.2 Object of the study ……………………………………………...……….. 1.3 Methodology ……………………………………………………….......... 2. Definition ………………………………………………………………….….......… 2.1 Cyber café ……………………………………………………….……..... 2.2 Necessity ……………………………………………………………….... 3. Amount of cyber café around Bangladesh …………………………………..………. 4. Law regarding cyber café ……………………………………………………....…… 4.1 BTRC ………………………………………………………………...….. 4.2 CCOAB …………………………………………………………….…..... 4.3 Guidelines ……………………………………………………….…..….... 4.4 Law and its Reality……………………………………………………...... 4.4.1 Reality in Dhaka………………………………………....… 4.4.2 Reality on other area ……………………………………..... 5. Crime in cyber café …………………………………………………………............. 5.1 Case...
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...Final Business Model and Strategic Plan BUS/475 March 2nd, 2015 Table of Contents Executive summary…………………………………………………………………………4 Introduction…………………………………………………………………………………5 V-Gym analysis……………………………………………………………………………..6 V-Gym’s mission statement and vision…………………………………………………….6 Values and guiding principles..,……………………………..…………………….………. 8 Organization’s strategic direction and aims ………………………..…………..…………. 8 Customers need satisfaction and Achievement of Competitive Advantage……….…….… 9 SWOTT: ………………………………………………..…………………….…..………...10 External Forces ………………………………………………………………….………….11 a). Economic Factors ………………………………………………….……..……...11 b). Legal and Regulatory Factors ……………...…………………………………….11 c). Technological Factors …………………..…………………………….…...……..12 d). Innovation Factors ……………………………………………………….……….12 e). Socio-cultural Factors …………………………………..…………………...........12 Internal Forces ……………………………………………….……………………….……. 13 a). Structure …………………………………………………………….…………… 13 b). Strategic capabilities ……………………………….…………………….……… 13 c). Systems and processes ………………………………………………….………...14 d). Strategies ……………………………………………………….………………....14 Economic and Legal/Regulatory Trends ………………………………..…………….……. 15 Adapting to Change ………………………………………………………………………… 16 Supply Chain Operation ……………………………………………………………….….... 16 Issues and/or...
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...d Homework Assignment #6: Child Labor: Rights, Risks, and Realities Li-Chung Pan Boston University Metropolitan College AD746 Business Law & Regulation in a Global Environment Prof. Martin L. Saradjian February 20th, 2013 1. Child labor was used extensively before laws and legislations were enacted to abolish child labor. Nowadays, child labor is used in developing countries where child labor laws are not strictly enforced or there aren’t any child labor laws. Where child labor still exists is found in rural settings in developing countries where they are forced to work by their parents or their labor is used to repay debt incurred by their parents. Child labor is used in mostly unskilled labor and is much cheaper than adult workers. 2. Various cultural factors contribute to children working in hazardous conditions. According to “Child Labour: Rights, Risks & Realities” some ethnic and lower classes believe that some are born to rule and others are born to work. This includes children, where their lower caste excludes them from certain rights afforded to other children from a higher caste. If children from these castes drop out of school to work, it is seen as their destiny to do so. 3. The Rotary International is trying to change public attitudes of how some cultures perceive child labor. Rotary clubs around the world are trying to improve the conditions of children by fighting poverty and providing education. 4. The Convention on Rights of the...
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