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Category: Law

British and American Court System Essay

Sample Essay

Words 2,120

History of American Laws

In the 13th Century, a new document called Magna Carta was written to protect the interests of English nobility. Instead, the document made it clear that no one, not even the king, was above the law. The Magna Carta was the law of the land in England and became the backbone for much of American law. In the 17th century, American colonists adopted several of the Magna Carta’s ideas into the New World. Among them were fundamental guarantees of freedom and liberties. The principals of the Magna Carta eventually made their way into the United States Constitution and Bill of Rights (Legacies of the Magna Carta). In 1681, William Penn received his charter to Pennsylvania where he drafted a constitution and set of laws which laid out the colonists’ fundamental rights and set standards for good conduct. Using the Magna Carta as a guideline, Penn declared that the same rights guaranteed to Englishmen, also applied to colonists in the New World (Magna Carta and Its American Legacy) In the 1760s colonists believed that America was a place where they could adopt the best parts of the English system while tailoring laws to their new life. America would be a place where a person rose by merit, not birth; a place where people would be free to speak and share in governing themselves.

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Employee Safety and Welfare Essay

Sample Essay

Words 689

A important portion of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) hold provisions that forbid group health plans and insurers from discriminating against individuals based on health factors. In 1997, the agencies with leading power under HIPAA —the 1RS, and Departments of Labor and Health and Human Services, published provisional rules that interpret the HIPAA nondiscrimination provisions and introduce the perception of a “bona fide wellness program” as it relates to the nondiscrimination provisions. In 2001, proposed regulations were issued, providing more thorough guidance on permissible health incentives under bona fide wellness programs. (Hall, 2006)

HIPAA’s nondiscrimination provisions are intended to prohibit a medical plan from discriminating, in eligibility or premiums, based on health factors of individuals. As the proposed regulations clarify, however, they do permit the use of wellness incentives to encourage participants to contribute in health promotion and disease prevention programs and to attain exact outcomes. The bona fide wellness program provisions, in fact, define specific circumstances in which it is absolutely permissible to provide discounts, rebates, or modifications to otherwise applicable co-payments or deductibles in return for observance to wellness and disease management programs. Although these regulations have been around for a few years, a large number of benefits professionals remain ignorant of their relevance. Because they can be critical to the design and management of health benefits, these rules must be observed in the plan design process. (Hall, 2006)

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Canadian Labor Laws

Sample Term Paper

Words 2,133

Introduction

All labor relations regimes in Canada share fundamental features protecting the right to organize, to bargain collectively, and to strike. Each jurisdiction has a labor relations board or, in Quebec, the Office of the Labor Commissioner General and the Labor Court, to administer, adjudicates and enforces laws on the rights to organize, to bargain collectively, and to strike Canada’s various labor relations acts or codes recognize free association and collective bargaining as the basis for effective industrial relations and generally guarantee the right to strike to obtain or renew a collective agreement, once detailed procedural requirements are met. All jurisdictions require that a union have the support of a majority of any group of employees that it seeks to represent in collective bargaining. Majority support is certified by the labor relations board, where an employer does not voluntarily recognize the majority status of a union.

As a federal state, Canada has two principal levels of government with legislative authority divided between them. Both the federal government and the various provincial governments have legislative responsibility over employment law. In practice, labor and employment activity is regulated by whichever level of government has jurisdiction over the industry in question. The federal government has jurisdiction over certain enumerated areas, including shipping, aircraft, railways, radio broadcasting, television, telecommunications and atomic energy. As a general principle however, the provincial government has primary responsibility for the regulation of employment law and labor relations in all areas not specifically included under federal jurisdiction.

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International Law

Sample Term Paper

Words 1,300

Legal systems may seem to be based on abstract notions of justice, but they are in fact embedded in normative systems. In order to understand the functioning – and the effect – of international law, we must therefore consider it to be a blend of law as an operating system as well as the law as a normative system. The one is not neatly embedded within the other but rather the two exist in tandem with each other, with one sometimes being stronger or more important while the other sometimes has greater relevance or force.

Before looking at how these two aspects of international law plays out in two actual circumstances (the case of the prisoners at Guantanamo Bay and the usefulness of the Ottawa Convention), we should first define these two aspects of international law. The “operating system” element of international law (as of domestic legal codes) provides what might be seen as the nuts and bolts of the legal system, establishing and regulating general procedures as well as institutions that different parties have determined are necessary for them to conduct international relations. Ku and Diehl summarize the elements of both aspects of law as well as the ways in which they interact with each other on pp. 1-19.

Another way of looking at the “operating systems” aspect of international law is that is creates (and maintains) mechanisms (agreed to by all parties concerned) that allow for the establishment of rules that govern the behavior of the countries involved. Legal operating systems also outline the boundaries of interaction between or among nations and – and this is the element of international law operating systems that tends to draw the greatest public attention – also provide all the procedures, protocols and forums that are found to be necessary to resolve disagreements between or among those nations who are parties to any particular international agreement. In general, the operating system element of international law may be viewed as the totality of the structures that are needed to maintain a system of international legal agreements.

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