...the creation of U.S Laws, considering common law heritage and U.S court history, ate the same time is providing a brief history of these process during the past years. HISTORY OF LAW IN U.S. One of the contributions has been given to the Common Law has been the system of trial by jury. For many years, many people tried to show that this system came from a group of indigenous in England back to the beginning of the times of Alfred the Great and the Anglo-Saxon times. This origin was completely disproved by Maintland and Pollock in the wonderful history of the early English Law, where they trace the origin of the system of trial by jury to the era of the Franks, presented by William the Conqueror for their own benefits and not with the idea to give an improvement to the legislation of England. There are also many people who attribute its real origin in the judicial system chosen by the praetor in Roman law to establish the facts which it had established a law applicable to the event. However, the origin of the system of trial by jury was not very important at that time, or even before the late eighteenth century, when it took the most important part in the administration of Justice for the first time, a position that still holds today and has become primary and essential part in the American judicial system. Although it had its origins and first applications in England, gives the impression that its current role in the administration of the law was fully developed during...
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...tolerance for the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act). Citizens are becoming more protective of their civil liberties than they were immediately following the terrorist attacks on September 11, 2001. Many U.S. citizens feel that the USA PATRIOT Act gives federal authorities excessive power and violates the protection provided to U.S. citizens by the U.S. Constitution. In the Bill of Rights, the Fourth Amendment to the U.S. Constitution protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…" (U.S. Constitution. Amend. IV). The USA PATRIOT Act is believed to infringe upon U.S. citizen’s civil liberties by granting federal authorities liberal room to work around the Bill of Rights. John McKay, former United States Attorney for the Western District of Washington stated that “the Patriot Act simply permits use of this longstanding tool in cases involving terrorism” (2005). In fact, these same liberal laws that make up the USA PATRIOT Act have been used to combat organized crime and drug dealers for many years. Suspected terrorist should fall into this same category and should not be afforded the protected of the Bill of Rights. It can be argued that the lack of such significant laws made the U.S. vulnerable to terrorist attacks in the first place. With the slipping approval of the USA PATRIOT Act...
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...The USA PATRIOT Act, or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, is a basically an anti-terrorism law that was rather hastily passed as a result of the September 11, 2001 attacks. It primarily aims at deterring and punishing acts of terrorism committed in the United States and elsewhere (USA PATRIOT Act, n.d.). However, while it appears to have noble aims of safeguarding American lives and property, the act needs to be repealed or, if not, amended so that the privacy freedoms of citizens are not trampled upon. The USA PATRIOT Act also aims at expanding the investigatory tools of law enforcement and, as well, give authorities from the executive branch more teeth against money laundering and terrorism financing and criminal abuse of financial institutions (USA PATRIOT Act, n.d.). As part of its broadening of law enforcement agencies' investigative powers, the law increased same agencies' surveillance powers, rendering amendments to the Wiretap Statue, Electronic Communications Privacy Act, and the Foreign Intelligence Surveillance Act (Study guide, n.d.). This means that the government is allowed to considerably obtain even personal information about its citizens and detain aliens even without publicly acknowledging such (Mayeux, 2003-2004). In more lay person's terms, the Patriot Act seeks to accomplish its anti-terrorist objective by allowing government to wiretap more, Internet activities...
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...looking to either move or expand it's manufacturing to the Mexico. The jeans are “made in the USA”, but currently the raw material, and the majority of the jeans are currently fabricated in the United States. They employ 75 people. The company was started five years ago in Nashville, TN, and has seen steady growth in the United States. Narcissus Denim currently fabricates its denim jeans in the USA, with only some of the materials coming from China. The cost of raw materials and manufacturing domestically have become too expensive, so Narcissus needs look outside of the USA. Narcissus is aware of other creators of designer apparel that have gotten bad press for using the “Made in the USA” label because the brands only make a portion each piece of their apparel in the USA. The purpose of this memorandum is to examine the possibility of bringing to the USA neighbor by working with “Maquiladora”, the Spanish word for manufacturer, in Mexico. Aspects of US law, international legal implications, as well as the ethical implications of moving this portion of the company to Mexico are the primary focus areas of research. Domestic Legal and Ethical Implications: Narcissus Denim was founded and gained success because of the quality of the product, in great part because the apparel is “made in the USA”. In order to create a portion of the product in Mexico and keep the “made in the USA” label, Narcissus Denim must ensure at least a portion of jeans be manufactured in the United...
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...THE USA PATRIOT ACT--GOOD OR EVIL? Abstract Terrorism has been around in one form or another since long before September 11th 2001. It is our extreme reaction to the real threat of a terrorist attack began 9/11/2001. Although the odds of dying from a terrorist attack in America are extremely remote, after the attacks of 9/11/2001 and the overwhelming show of concern by American 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...
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...International Law really Law’? (Arend 1999) Discuss with regard to the frequency of breaches of international law, the enforcement of international law and the difficulties in ascertaining international law. Introduction International law is ‘the body of law composed of principles and rules of conduct which states feel bound to observe and do commonly observe in their relations with each other’. However, it is constantly being questioned whether international law really can be considered law at all. The uncertainty as to its validity can be explained by the arguably frequent breaches that occur as well as the difficulties in ascertaining its content and ensuring its effective enforcement. As such, the validity of international law as a real legal order will be evaluated by examining the following. (a) The sources of international law (b) The enforcement of international law (c) The frequency of breaches within international law (a) The sources of international law The substantive content of international law can be ascertained by reference to a number of different sources. Article 38(1) of the Statute of the International Court of Justice (ICJ) recognises that the Court when deciding on disputes of international law can apply the following: a. International conventions establishing rules expressly recognized by the contesting states; b. International custom as evidence of a general practice accepted as law; c. The general principles of law recognized...
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...company or investor. The reasons are simple: the growth of the economy and a large number of different projects. Foreign direct investment in China, due to stable growth potential of the economy and a huge production resources, aimed at both the external and the internal market.The innovative ability is a great attraction for investment managers around the world. In contrast, a lot of foreign investors had chosen China for investment and this resulted in a very big competition. Nevertheless, USA is a successfully developed country. And its economy is the top one in the world. As the most important country in the first world countries, the USA has many good experiences in global business. The most strong enterprises were set in the USA and it means that the competition in the USA is very huge. This competition affects many areas, not only the market place but also the labour market and the use of resources. All of these causes higher costs and reduces the profits.Also, American “antitrust law” regulates that a company with market...
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...Adan Gallardo Should the government pass stricter gun laws? Did you know that only in 2011 there were 11,101 people killed by an irresponsible gun owner? Yes, the irresponsibility of gun owner have caused an immense impact in society, based in The International Firearm Injury Prevention and Policy Organization, just since January of 2013 there has been 8,534 cases of people killed by a gun. In fact, to prevent more deaths due to irresponsible gun owners the government of the USA should certainly pass stricter gun laws because it can prevent deaths, it can reduce crimes, and it can make America a better and a safer place to live. There are many reasons for the government to pass stricter gun laws. A perfect example is the shooting that took place in a movie theater in Aurora, Colorado. James Egan Holmes killed twelve innocent people and at least 59 were injured with an AR-15 assault rifle, a shotgun, and a 40- caliber hand gun. These kinds of incidents could be prevented if the government would pass much harsh and stricter gun laws, so that not anyone could obtain a gun so easy. Throughout the country many people are afraid, because of how easy it is for someone to obtain a firearm. These people have all the right to be insecure, but parents are the ones who are most perturbed, and this is due to the school shooting in Connecticut. Adam Lanza killed himself after killing 20 small children and six adults in an elementary school with two 9mm pistols, police officers...
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...Effects of USA PATRIOT Act on Banking Privacy Introduction On September 11, 2001, the United States was attacked by the terrorists and the attack has completely changed the way we live and work. Its impact is so immense that it covers almost every aspect of our life including the privacy protection policy in the banking industry. After the September 11 terrorist attack, the U.S. Congress passed a law, the USA PATRIOT Act that makes it easier for government law enforcement and intelligence agencies to gather and share information related to terror-related investigations and it has changed how the banking industry or financial institutions handle the privacy of their customers’ personal information. The purpose of this research paper is to explore the effects of the USA PATRIOT Act on banking industry’s handling customers’ private personal information. Some Background Information and History of Banking Privacy The USA PATRIOT Act is not an official title of the law. It is the acronym of the very long title of the Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. It was signed into law by President George W. Bush on October 26, 2001. But, before 2001, do we have any law that provides guidelines for the privacy of banking industry in the United States of America? Surely, there are several laws that are related to the financial institutions and the privacy protection policy...
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...where policy alternatives are discussed, debated, agreed on and then disagreed on. The third phase is policy adoption, where a policy alternative officially becomes a public policy due to our government adopting it. The next phase is the policy implementation phase, which is where the public policies that are adopted in the previous stage are put into operation. The fifth and final stage is the policy evaluation stage where the policy goes through an evaluation stage (effectiveness, efficiency, adequacy, and equity). The USA Patriot Act is just one of many polices that have been passed by our government that has caused great controversy amongst the people. The USA Patriot Act is an act that was signed on October 26, 2011 by former president George W. Bush (George W. Bush Signs the Patriot Act). USA Patriot is an acronym that stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA Patriot Act). This act came in response to the September 11 terrorist attacks that left America pushing for our government to do that would prevent future terrorist attacks on our nation. The primary author of this bill was Assistant Attorney General Viet Dinh and was introduced to Congress by Republican Representative Jim Sensenbrenner (Grabianowski). The main goal of the Patriot Act is to prevent, deter and eventually punish any terrorist, including domestic, acts not only in the United States but...
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...assisted in the attempt to spread democracy in countries struggling to become nations. In this attempt, there have been many enemies formed that despise the US and the pursuit of freedom. This has become a major concern of the US and on September 11, 2001, this concern became a reality. How could something so devastating be carried out against a world-leading nation? What was wrong with the infrastructure and how could it be fixed to prevent other terrorist attacks. The answer was to form a department in the federal government that would have the power to act and the power to share intelligence information. Terrorism and US Threats The FBI defines terrorism as “violent acts or acts dangerous to human life that violate federal or state law; appear to be intended to intimidate or coerce a civilian population; to influence the policy if a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping.” (FBI.GOV, 2015) The definition further defines...
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...The USA Patriot policy paper University of Phoenix The USA Patriot policy paper The Patriot policy developed, after the horrible events of 9/11 attacks. It was in power to ensure that Americans would never have to deal with a tragedy as such again happening, to our beloved society and citizens. That we will protect and secure from the United States enemies and will be better equip, to prevent threats and attacks that are foreign and domestic. A paper we will discuss our point, of view of the Patriot Act and the related legislation that deal with the following areas. Like the Societal implications of the USA PATRIOT law and similar legislation limiting daily behaviors. Next are the worries associated to race, ethnicity, sexual orientation, age, and beliefs as they identify with police agencies and security services. After that are the effect with technology and globalization and the balance of individual rights against public safety. Another is the influence of domestic and international terrorism about federal agencies also private security companies, and lastly is the conclusion. Societal implications of the USA PATRIOT Act and related legislation limiting daily behaviors For some of the citizens of the United States, the Patriot Act has no tangible impact on them. Although groups feel that, it could be harsh effects on constitutional rights. The theory of the patriot act can give the government more freedom to spy on citizens and use the argument within their case...
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...de-facto independent Nagorno-Karabach Republic. Those people who live in abroad of their origin land mostly immigrated from Eastern part of Turkey after Ottoman Parliament passed the temporary ‘Tehcir Law’. This law authorized Ottoman Empire to the deportation of Armenian population located in the east part of Anatolia. The resettlement campaign resulted in the deaths of nearly 600.000- 1.500.000 civilians. According to Ottoman archives, the deportation started at March 2, 1915. On September 13, 1915; Ottoman Parliament also passed the law to capture all lands, homes, livestocks owned by Armenians to local authorities. While some historians claim that this was the first genocide of the 20th century, others claim that Ottoman Empire deported the Armenians for their safety, when the empire was so close to collapse. There consequent situtations led many Armenian people to immigrate to the different parts of world. The biggest Armenian population except Republic of Armenia is located in Russia as around 2,2 million. After Russia, United States is the second most populated Armenian diaspora, estimated around 1,4 million. Turkey, France and Georgia are also other countries that host many Armenian people. Moreover, Armenians spread whole over the world but in the case of diasporas; Russia, USA, France and Turkey’s Armenian diasporas are well known and very active. Armenian Diaspora in Russia Armenians in Russia are mostly located in big cities like Moscow, Krasnodar and St. Petersburg...
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...keeping in mind the end goal of migrate to USA was to send money to China to help their families. non-Chinese immigrants felt that Chinese migrants were taking they employments, which prompted non-Chinese to loathe about Chinese workers. Moreover, as with most immigrant societies, a lot of Chinese settled in their own neighborhoods, and stories spread of Chinatowns as spots where extensive quantities of...
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...CAN ONTARIO IMPROVE ITS INSIDER TRADING REGULATION AND ENFORCEMENT BY ADOPTING POLICIES USED IN THE USA? Prepared by Muhammad Bilal Amjad 2B Accounting and Financial Management ID 20429857 AFM 231: Business Law School of Accounting and Finance University of Waterloo Friday, August 9, 2013 Abstract The purpose of this paper is to present potential suggestions on how Canada (more specifically, Ontario) can improve its insider trading regulation and enforcement. In order to do so, this paper will compare the insider trading regulation and enforcement in Canada and the USA. It will examine whether or not Ontario should take from the methods used in the USA in order to strengthen its regulation and enforcement of insider trading. Ontario was chosen in particular because securities regulation in Canada falls under the jurisdiction of provincial governments, with Ontario being home to Canada’s largest securities market. Introduction Insider trading is a subject of great significance in security markets all across the globe. Not only does it violate securities law in Canada and many other countries, it is also seen as highly unethical. It applies not only to equity, but also to bond and option markets. Insider trading is deemed illegal primarily because it is contrary to the public trusts upon which security markets operates; it undermines investor confidence, and as a result, discourages investment (Dessaulles, 2013, p. 9). In addition, it is viewed as being immoral because...
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