...1. Children act 1989: This act was put into place to protect and makes the law simple in dealing with children. It was seen as a wakeup call to dealing with children, it also gave clear information to any one working with children regarding what their duties should include and how they should deal with other professionals in case an allegation arises about the child’s welfare. The guidance was called working together to safeguard children 1999, in one of the articles, number 47, it says the local authorities has a right to investigate any case where they may feel the child is in serious harm or danger. It was then rewritten in 2004 as up until 2003 it was clear that people that were working with young people and children were still not being protected and being left vulnerable. This was highlighted at the death of Victoria Climbe at the hands of her carers, her death was then resulted into an independent enquiry. This was called the laming report 2003as this criticised the protection of children in society, this laming report resulted in a green paper called ‘EVERY CHILD MATTERS’ which in turn led to the new written act. 2. Children act 2004: This act introduced the children services and the introduction of children directors, it also promotes multi agencies working together/ social services (the police, NHS and education services) to ensure and protect that every child stays safe from harm and also a new common assessment framework to assist agencies in identifying welfare...
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...people say that it is a white collar crime, to others it is not just simply a white collar crime but it can be considered as crime against society. Whit Gibbons (2001) had shown two types of environmental crime in his article. First type is an individual such as an ordinary person dumping waste to the river and the other type is the white-collared type where companies dump harmful contaminants to a water source or the air. The main difference of the two according to Gibbons (2001) is that it is easier to prosecute an individual than a business corporation. The sad part is the business corporations who commit environmental crimes affects the environment more than an individual. He had treated the business corporation offenders as white-collar criminals and as such defined it in the article “crimes are committed by individuals or corporations for financial gain and involve knowledgeable, educated participants who attempt to circumvent the law” The definition of the environmental crime in legal terms is any "willful criminal violation that results in actual and substantial harm to the water, ambient air, soil, or land." There are several laws that had been put...
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...LEG 100 WEEK 10 ASSIGNMENT 2 STRAYER To purchase this visit here: http://www.activitymode.com/product/leg-100-week-10-assignment-2-strayer/ Contact us at: SUPPORT@ACTIVITYMODE.COM LEG 100 WEEK 10 ASSIGNMENT 2 STRAYER LEG 100 Week 10 Assignment 2 Managing Your Skills - Strayer University NEW 2015 Version Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment. In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss. Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable...
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...Assignment 2: Using Your Manager Skills Due Week 10 and worth 240 points Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment. In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss. Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors. The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you...
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...or the company has prominently supported job-training programs for youth. | Indigenous Peoples Relations | The company has established relations with indigenous peoples in the areas of its proposed or current operations that respect the sovereignty, land, culture, human rights, and intellectual property of the indigenous peoples. KLD began assigning this strength in 2000. In 2002 KLD moved this strength rating into the Human Rights area. | Non-US Charitable Giving | The company has established substantial, innovative charitable giving programs outside the U.S. In 2002 KLD stopped assigning strengths for Non-U.S. charitable giving in the Non-U.S. category, companies with exemplary giving programs outside the U.S. are tracked in the Community area. | Other Strength | The company has an exceptionally strong volunteer program, in-kind giving program, or other particularly strong community program. | Concerns | Investment Controversies | The company is a financial institution whose lending or investment practices have led to controversies, particularly ones related to the Community Reinvestment Act. | Negative Economic Impact | The company’s actions have resulted in major controversies concerning its economic impact...
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...was further speeded up in 2000s with the nation vision of achieving an industrialized status by year 2020. However, the rapid development process sometimes was carried out without really taking into consideration, that the possibility of such development will impacts on the environment, in this case, impacts towards the rivers. Table 1 below shows the number of polluted river (suspended solids) from year 1998 – 2008. Table [ 1 ]: Number of clean, slighly polluted and polluted basin in Malaysia (Suspended Solids) A) Economic Growth and Water Pollution As the country which moves towards the realization of its vision 2020 to becoming a developed nation through the implementation of its policy agenda for heavy industrialization, infrastructures, and urban-expansions, the water demands increase steeply. There is greater pressure to preserve the current water resources as well as to find alternative course of actions to improve the water quality. In other words, the consistent and rapid growth of urban-industries in Malaysia has undoubtedly resulted in an increase in economic well being of the citizens on the one hand. After all, for the first time in years, the external value of Malaysia’s currency, the ringgit, shrank by nearly 50 per cent while the stock market contracted by even more at about 60 per cent. The ringgit fell from an average of 2.42 to the U.S. dollar in April 1997 to an all-time low of 4.88 to the U.S. dollar in January 1998. The composite index (CI) of the...
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...European Conventions on Human Rights and the Human Rights Act 1998, have impacted the doctrine of adverse possession in England & Wales. I will discuss the cases and the impact which the HRA 1998 and the ECHR have had on the decision making process within the courts with regards to the doctrine of, “adverse possession”, in the UK. Rationale of Adverse Possession in England and Wales. The rationale of adverse possession in England and Wales is that; i. There must be a demarcation in reality on the recognition of claims of ownership of property title. ii. As land is finite and therefore a precious commodity then it should be used to its full potential. The common-law doctrine of adverse possession, gave rise to the ease of appropriation of land ownership by squatters/trespassers. In J.A Pye v Graham, Pye were dispossessed of their title to land via a HOL/Supreme court decision, Pye v Graham [2002] UKHL 30, based upon the legislation within LR Act 1925 and Limitations Act 1980. In particular section 75 of LR Act 1925 transferred the title of land to the factual possessor, (Graham) . In J.A. Pye (Oxford) Ltd v. The United Kingdom (Application No. 44302/02) 30 August 2007, Pye didn’t seek the recovery of the lost land but sought compensation from the UK government for lack of procedural protection which subsequently led to the loss of their property. Mummery LJ stated in the Appeal, Pye v Graham [2002] UKHL 30, that the extinction of the...
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...1. Examine how Congress writes environmental laws and EPA provides the technical, operational, and legal details needed to carry them out. At least 1/2 page summary A number of laws serve as EPA's foundation for protecting the environment and public health. However, most laws do not have enough detail to be put into practice right away. EPA is called a regulatory agency because Congress authorizes us to write regulations that explain the critical details necessary to implement environmental laws. In addition, a number of Presidential Executive Orders (EOs) play a central role in our activities http://www3.epa.gov/region9/enforcement/intro.html Under the Congressional Review Act (CRA), a rule generally cannot take effect until EPA submits a rule report to each House of Congress and to the Comptroller General of the United States (head of the U.S. Government Accountability Office). Rules that are not considered "major" under the CRA, may take effect as they otherwise would under other applicable law once a rule report is submitted. A rule that is "major" may take effect no earlier than 60 calendar days after Congress receives the rule report or the rule is published in the Federal Register (FR), whichever is later. The CRA also provides procedures by which Congress can rescind a rule within a specified period of time using expedited procedures. 2. Go to http://www.epa.gov/. Read the Community right-to-know regulation CFR 40 Section 370 and summarize subpart A-B-C and D. Subpart...
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...ENVIRONMENTAL LAW PRIVATE REMEDIES Civil Law * written codes which rely on statutory material, traditions * Judges has small role Common Law * Based on customs of the areas, precedents * Judge made law – cases decided by judge US * Mostly statutory, but judges are important * Interpret statues * Judge decides if not codified * Criminal – against State * Civil – all other Environmental Law not very effective if using private remedies PRIVATE REMEDIES | GOOD | BAD | Develop theory and needs | After the fact | Push legislation | Disorganized | Day in court | Costly | Money damages | Only personal damages | Tort Law - wrongful acts vs. contract law 1. Negligence a. Duty owned b. Unreasonable act c. Personal Injury d. Ex: pesticides 2. Trespass e. Tied to property rights f. Property invasion g. Ex: dam building (H2O invasion) 3. Nuisance h. Tied to unreasonable use interfering with another’s use i. Property use damaged j. Loss of livability k. Can’t move TO a nuisance l. Standing question i. cannot sue unless suffer special damage ii. different in kind, not just degree m. Ex: smoke, sewage treatment, hog farm, airport CIVIL REMEDIES 1. Monetary damages – personal things $ can fix 2. Injunctive relief – environmental, $ can’t replace, make do something a. Negative – DON’T...
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...trees was the destruction of the habitat of the Northern Spotted Owl. However, it wasn’t until June, 1990 that this owl was placed on the threatened species list by the United States Fish and Wildlife Service. The plywood mill located in Lebanon, OR changed ownership 4 times between 1941 and 1985. In 1967 it was purchased by Champion International Corporation. In 1985, Champion decided that certain timber areas no longer profitable and shut down several operations, including the Lebanon mill, putting almost the entire town out of work. Regulations by the United States Forestry Service did not become effective until the National Forest Management Act of 1976. The significance of this act is that it mandated regulation of privately owned timber lands as well as government owned land. This act...
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...In 1994, the League Environmental Assistance Foundation (LEAF) petitioned the EPA to withdraw approval of the Alabama UIC program because did not regulate hydraulic fracturing associated with methane production. The EPA denied the petition in 1995 because, they contended, regulating hydraulic fracturing was not necessary given the definition of underground injection as used in the SDWA. The petition was taken to the Court of Appeals for the eleventh circuit, and they ruled against the EPA, arguing that there was no ambiguity in the SDWA’s mandate for the EPA’s regulatory action. They ruled that hydraulic fracturing should be regulated under federal law. This resulted in the EPA withdrawing approval of the Alabama UIC program in 1999, and Alabama’s...
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...of laws that regulated transactions in land have either been repealed or amended to accommodate these principles of land administration. These laws include the Indian Transfer of Property Act of 1892, the Land Titles Act, the Registered Land Act, and the Government Lands Act, and the Registration of Titles Act. The new laws enacted in their place are: the Land Act (2012), the Land Registration Act, and the National Land Commission Act. Land administration is conducted under the auspices of public administration. Prior to the 2010 Constitution, land administration was handled by the Ministry of Lands as well as the Provincial Administration. The Cok, 2010 envisages that land administration should be streamlined and conducted by a specialized body- the National Land Commission. Drawing from the Sessional Paper No. 3 of 2007, the National Land Commission is expected to implement the land policy in collaboration with relevant state and county authorities. The introduction of devolved governments in Kenya’s Constitution has created a novel mechanism of public administration in Kenya, and with it, complexities regarding the roles and function of various state and county officials. One such office is the Office of County Commissioner, which is established by the National Government Co-ordination Act...
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...RUNNING HEAD: AGENCY STRUCTURE Assignment #1: Agency Structure Jamisha B. Breland Professor Stephen Kenealy PAD 505: Public Budgeting and Finance April 22, 2012 Strayer University Determine where each agency lies in the administrative structure of the federal government. Identify it as an executive department or an independent agency. U.S. Corps of Engineers: An executive department and the primary federal manager of the nation’s water resources. The Corps build and maintain much of the nation’s navigation and flood damage reduction infrastructure and regulates the issuance of Clean Water Act dredge and fill and other permits to the private sector. For over 225 years, the Corps has transformed our nation’s rivers and coasts, constructing 11,000 miles of inland waterway navigation channels, 8,500 miles of levees and seawalls, and more than 600 dams (Sanet 2009). The agency also dredges hundreds of millions of cubic yards of material each year from the nation’s rivers and harbors and when Congress added environmental protection to the Corps mission areas, it grew to include some of the nation’s most controversial restoration projects. While Corps projects produced positive economic benefits, it caused environmental harm as well example (freshwater species North America and Hurricane Katrina coastal wetlands (Sanet 2009). The Bureau of Land Management: An independent agency and a small agency with a big mission...
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...Running head: ALUMINA RISK ANALYSIS Alumina Risk Analysis Sabrina Waters University of Phoenix MBA 560 Introduction Alumina, Inc. is a $4 billion dollar industry that focuses on aluminum. Alumina, Inc. has withheld a clean image in the past and works hard to retain this image. An incident occurred five years ago where oil was spilled into Lake Dira in which Kelly Bates claims that her daughter now suffers from leukemia due to the spill into the water. Environmental Protection Agency (EPA) standards were developed in 1970 and were designed to protect human health and the environment. The EPA regulation allows the community to be involved by voluntarily discover, disclose, correct, and prevent violations of federal environments. Therefore, Kelly Bates has taken action to prove that Alumina is responsible for her daughter’s illness. Key facts, regulations, and legal issues The key facts identified in the simulation indicate that Alumina, Inc. has been the blame for Kelly Bates daughter illness. However, the study performed by Alumina, Inc. found that Alumina is not outside of regulations and is not responsible. Kelly assumed the right to acquire information regarding Alumina negligence using the Freedom of the Press law. However, the Freedom of the Press is not allowed to print anything that he or she wants without liability, which can cause civil or criminal damages upon the press. Alumina also has the right...
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...inexpensive and renewable energy source, irrigation of water to farmers, and they also support a multi-billion dollar timber and paper industry and the home of the Wamayo salmon. The local authorities want hydropower to provide substantial amounts of electricity to the region within the next five years. This is a move that may result in a negative affect upon their huge salmon fishing industry. An industry that is in current decline due to a surge in commercial activities and a shrinking natural habitat. The salmon has become an endangered species and if there are no efforts of conservation, the salmon will cease to exist. The federal authorities have begun to create a policy that will defend the Wamayo salmon, and their habitat against extinction and destruction. Under this policy, they will receive priority and ensure that the region is adequately supplied with hydropower without negatively affecting business. Potential Non-Organizational Conflict Identifications The activities in the region with the development of three dams, impede fish passage that will change migration patterns, has been the primary factors why the salmon’s numbers are down. Federal authorities have declared the Wamayo salmon, the newest member of the endangered species list. Making allocations for the salmon would limit commercial, timber and paper industry and agricultural businesses that compete for water supplies already. Their top primary objective is...
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