Federal Legislation and Impact to the eal Estate Market
Federal Legislation and Impact to the eal Estate
The Constitution was written to outline the limits of the federal government, to protect the people and to protect the people from government. The government is also obligated to ensure that all people have the opportunity to acquire property by ensuring the housing market is free from discriminatory and predatory practices. For these reasons I support federal government efforts to regulate the housing arena to ensure fairness, accessibility and equity in the market. I also support the federal government role in efforts to restore the market and to provide resources and assistance to help avoid foreclosure. For example, the Fair Housing Act was enacted in 1968 to "remove the walls of discrimination which enclose minority groups" to address the rampant issue of racial segregation in both public and private housing. I believe this is arguably…...
mlaReferences
Collins, Michelle. "Opening Doors to Fair Housing: Enforcing the Affirmatively Further Provision of the Fair Housing Act Through 42 U.S.C § 1983" Columbia Law Review Vol. 110:2135-2010: 2137-2183.
Washington, DC. Department of Treasury. Reforming America's Housing Finance Market: A Report to Congress. 2011.
Federal legislation requires students with disabilities to participate in state assessments, partly because such assessments are important components of educational accountability. These assessments are used to classify students according to their educational needs, provide information regarding the progress of students with disabilities, and identify the extent to which students are attaining state academic standards. The large majority of classified students are classified under the Individuals with Disabilities Education Act (IDEA). But classification is highly inconsistent, which should raise concerns about over-, under-, and misclassifying certain types of disabilities. Misclassification can result from failing to identify students with disabilities, from classifying students with disabilities they do not have, and from delaying classifying disabilities in students. Some of this inconsistency is accounted for by teachers and schools (McDonnell, McLaughlin, & Morison, 1997); however, when contrasting state classification data there are striking differences that indicate that state guidelines vary and lead to the…...
mlaReferences
Data Accountability Center (2009). Data Tables for OSEP State Reported Data, table 1-13, May, 9, 2011.https://www.ideadata.org/arc_toc6.asp.
Jimerson, S.R., Burns, M.K., & VanDerHeyden, AM. (2007). Response to intervention at school: The science and practice of assessment and intervention. In S.R. Jimerson, M.K. Burns, & A.M. VanDerHeyden, Handbook of Response to Intervention: The Science and Practice of Assessment and Intervention. New York: Springer.
Harry B. & Klinger, J.K. (2006). Why are so many minority students in special education?: Understanding race & disability in schools. New York: Teachers College Press.
McDonnell, L., McLaughlin, M., & Morison, P. (Eds.). (1997). Educating one and all:
FEMA & obert T. Stafford Act of 1988
Disaster relief has been an issue of significant focus for the federal government through the Federal Emergency Management Agency was not created until 1978. The significance of disaster relief for the federal government is evident in the creation of the earliest piece of federal legislation in 1803. The federal government created the Congressional Act of 1803 as its earliest legislative attempt to address disaster relief. Since the enactment of this first piece of legislation, the federal government has prioritized disaster relief and management since the country has been characterized by increased incidents of natural and man-made disasters. Some of these efforts undertaken by the federal government include the enactment of obert T. Stafford Act of 1988 and the establishment of the Federal Emergency Management Agency.
easons and Events that Lead to Creation of FEMA
The Federal Emergency Management Act was established in 1979 by President…...
mlaReferences
Bazan, E.B. (2005, September 16). Robert T. Stafford Disaster Relief and Emergency Assistance Act: Legal Requirements for Federal and State Roles in Declarations of an Emergency or a Major Disaster. Retrieved from U.S. Department of State -- Foreign Press Centers website: http://fpc.state.gov/documents/organization/53688.pdf
Emergency Management Institute. (n.d.). Chapter 1 -- Introduction to Crisis, Disaster, and Risk Management Concepts. Retrieved from Department of Homeland Security - Federal Emergency Management Agency website: https://training.fema.gov/hiedu/docs/chapter%201%20-%20intro%20to%20crisis,%20disaster%20and%20risk%20mgmt%20concepts.doc
Federal Emergency Management Agency. (2015, January 31). About the Agency. Retrieved from Department of Homeland Security - Federal Emergency Management Agency website: http://www.fema.gov/about-agency
McCarthy, F.X. (2011, June 7). Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding. Retrieved December 10, 2015, from https://www.fas.org/sgp/crs/homesec/RL33053.pdf
In his Virginia Resolution,
Madison maintains that in the aforementioned Alien and Sedition Acts,
Congress "exercises a power no where delegated to the federal government,"
however he does not have an argument against the federal government's power
to rule on the constitutionality of its own legislation (Virginia
Resolution). Furthermore, Madison maintains the state has power because
the states agreed to the Constitution, yet this overlooks the power that
the states vested in the federal government by the Constitution. In the
Kentucky Resolution Thomas Jefferson also opposes what he believes to be
abuses of power by the federal government. He believes the states have
banded as a commonwealth and not a federation, and thus the Kentucky
Resolution is his hopes that the "commonwealth does now enter against them,
its solemn protest" meaning that it protests against the power he and other
Republicans believe that Congress has used to overstep its designated power
within the Constitution (Kentucky Resolution). Likewise, however, this
resolution is unable to undue…...
Legislation
One of the challenges facing the process of legal drafting in legislation is diction and language. Plain language may be warranted in some situations, whereas jargon is often acceptable and occasionally necessary. All abbreviations need to be identified and used judiciously. Each piece of legislation should be drafted differently, with regard to the subject matter and audience. The challenge is in knowing the audience, and remembering the constraints of each country's legislative system. It should not be assumed that a purely judicial or legal audience is the recipient, as legislation entails a large number of stakeholders. Each piece of legislation should be considered differently, and yet there should always be consistency among the corpus of legislation drafted and regard for plain language.
Another challenge is that there are so many types of legislation, and so many types of drafting styles and formats. The cacophony of acceptable styles and systems can be…...
Federal Tort Claims Act
Federal Tort Claims
The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual can sue the federal government for personal damages, like loss of money and property, physical injury or any other such situation caused by federal organization and its employees, while working within the limits of employment. The person can file claims against the government and the expenditure must be repaid to him if falls under the liabilities of FTCA. The FTCA is authorized for the recovery of any financial damage caused by some misunderstanding or mistreatment of the rules and regulations set by federal government, since the act falls under negligence and intolerable behavior which can highly cost the other person. According to this act, "The United States shall be liable, respecting the provisions of this title relating to tort claims, in…...
mlaBIBLIOGRAPHY
Cecchine, G. (2004). Triage for civil support: Using military medical assets to respond to terrorist attacks. Santa Monica, CA: National Defense Research Institute and RAND Health.
Cohen, H and Burrows, V. (December 11, 2007). Federal Tort Claims Act. CRS Report for Congress. Retrieved on 24/7/2012 from:
Matthews, D.E. Federal Tort Claims Act - The proper scope of the discretionary function exception. The American University Law Review, Volume 6. Retrieved on 24/7/2012 from: www.wcl.american.edu/journal/lawrev/06/matthews.pdf
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism
There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control crime, to protect society from it, with criminals being deterred from continuing to commit illegalities as a direct result of the time they spend behind bars. Mandatory minimums were generally introduced with the purpose of preventing future recidivism. The authorities considered that the uncomfortable nature of prison life and the social status associated with being in prison were enough to persuade criminals to refrain from ever expressing interest in illegalities once they were set free. Other schools of thought appear to think just the opposite as some believe that prison time actually has a negative impact on convicts, while others believe that criminals experience little to no change consequent to staying in prison.
Mandatory…...
mlaWorks cited:
Book:
Goldberg, Raymond, "Drugs Across the Spectrum, 7th ed.," (Cengage Learning, 5 Oct 2012)
Kitwana, Bakari, "The Hip-Hop Generation: Young Blacks and the Crisis in African-American Culture," (Basic Civitas Books, 2008)
Lyman, Michael D., "Drugs in Society: Causes, Concepts, and Control," (Newnes, 25 Sep 2013)
No implementation issues are anticipated once the appropriate legislation is promulgated.
The second suggested alternative strategy is to require that federal agencies conduct mandatory telework awareness training for all federal employees and offer specific telework training for all eligible employees who wish to participate. The criteria for this strategy are that it must: (1) publicize the change effectively internally; (2)
include all eligible employees; and (3) inform federal employees how to address any difficulties encountered in applying for telework opportunities. No implementation issues are anticipated once the appropriate legislation is promulgated.
The third suggested alternative strategy is to publicize the change effectively externally to increase federal recruitment. The criteria for this strategy are that it: (1)
effectively increase public awareness of the policy; (2) provide comprehensive information sufficient to achieve its objective; and (3) exploit multiple communications media. The only conceivable implementation issue with regard to this strategy is the difficulty associated with…...
mlaReferences
Liverhant, C. (2009). Telephone interview conducted on April 13, 2009 with former U.S.
Department of Health and Human Services Office of Inspector General (Federal
Region II) Writer/Editor.
Losey, S. (2008). "Obama to Expand Benefits, Unionize TSA, Curb Outsourcing, Review
Federal eserve
The current state of the United States economy is not encouraging. Even though there has been false hope about it, the chances are that it will hardly last for long. The long-term trends that are negatively impacting the economy and financial system are showing no signs of reducing. As each day passes, the economic foundations of the country continue to crumble. The debt of the country has increased and the population is consuming more wealth than what is produced. In addition, unemployment and inflation levels are high coupled with slow economic growth, which remain the main features of the U.S. economy. The Federal eserve is the key to solving the current economic situation that is experienced in the U.S. This is because it is the central bank of the United States and the operations of every bank are monitored by the Federal eserve (Hafer, 2005). In 1913, the Congress…...
mlaReferences
Axilrod, S. (2009). Inside the Fed: Monetary Policy and its Management, Martin through Greenspan to Bernanke, New York: MIT Press.
Hafer, R. (2005). The Federal Reserve System: An Encyclopedia, Westport: Greenwood Publishing Group.
Mankiw, G. (2011). Principles of Economics, New York: Cengage Learning
Meltzer, A. (2010). A history of the Federal Reserve, Volume 2, New York: University of Chicago Press.
Federal Grand Jury
The Fifth Amendment to the U.S. Constitution provides that charges for all capital and "infamous" crimes be brought through an indictment by a grand jury. Although the founding fathers had envisaged the primary function of the federal grand jury as protection of the citizens against tyranny by the government, its protective role has eroded over the years -- making its current function in the criminal system highly controversial. This paper outlines the basic duties of a federal grand jury and discusses some of the controversial issues facing it.
Basic Duties
The provision of the Fifth Amendment regarding grand juries has been interpreted to mean that an indictment by a federal grand jury is required for charging federal felonies. The Supreme Court has held that this part of the Fifth Amendment is not binding on the States; hence the use of grand juries is not binding on the States. (Brenner 2003)…...
mlaReferences
Report by the Commission to Reform the Federal Grand Jury." (2000). Legislation: National Association of Criminal Defense Lawyers. Retrieved on June 18, 2004 at http://www.nacdl.org/public.nsf/freeform/grandjuryreform?opendocument
Brenner, Susan. (2003). "Federal Grand Juries." University of Dayton: School of Law Website. Retrieved on June 18, 2004 at http://www.udayton.edu/~grandjur/fedj/fedj.htm#Introduction
Unless a defendant waives his or her right to be indicted by a grand jury
Regular grand juries" spend more time considering evidence submitted by prosecutors, while "Special grand juries" spend more time investigating criminal activity
Federal Communications Commission (FCC)
Communications have always been critical to humankind's existence and the absence of which means there would have never been the development and evolution of groups, organizations, societies and even nations. The reason being is there be no ways and means of passing messages, information, and knowledge amongst each other. Thus, humankind would have still been living in the Stone Ages without headways made in the development of communications. ut communications though did not remain stagnant and confined to oral and written ones. Throughout the centuries various improvements have made communications faster and more sophisticated especially with the contributions provided by scientific and technological discoveries and innovations. Fast forward to the 19th and 20th centuries and modern communications have been enabled via radio, telephone, and television. A further boom in communications innovations came with the advent of computers and the Internet where humankind is now living in the…...
mlaBibliography:
Cannon, Robert. "The Legacy of the Federal Communications Commission's Computer Inquiries." Federal Communications Law Journal 55: 167-206. 05 Mar. 2003. 2000. 18 Jul. 2011. .
Federal Communications Commission (FCC). The FCC. 2011. 18 Jul. 2011. .
Messere, Fritz. Analysis of the Federal Communications Commission. 2002. 18 Jul. 2011. .
Net Industries. Communications Act of 1934 -- Evolution of the Act, Design of the Act, Major Amendments to the Act. 2011. 18 Jul. 2011. .
Gun Control Legislation
The availability of and access to firearms which is enshrined in the U.S. Constitution by the Second Amendment has created a multitude of consequences for modern Americans. The impacts of a loosely regulated gun market include the highest per capita rate of gun-related deaths in the world, major metropolitan areas like Detroit and Chicago struggling with unprecedented murder rates, and toddlers routinely finding their parent's weapons and dying after accidental discharge. Several longitudinal studies have demonstrated that the U.S. is by far the world's leader in both gun ownership and gun-related fatalities, and in fact, America's rate of 10.2 gun-related deaths per 100,000 citizens is more than double the rate of any other developed nation. The Congress has historically been averse to the passage of restrictive gun control legislation, as a powerful firearm lobby led by the National ifle Association has successfully kept the advances of gun…...
mlaReferences
Boodman, S.G. (2006, May 16). Gifted and tormented academic stars often bullied -- and more likely to suffer emotionally as a result. The Washington Post, p. F1. Retrieved from dyn/content/article/2006/05/15/AR2006051501103 .htmlhttp://www.washingtonpost.com/wp -
Cooper, A., & Smith, E.L.U.S. Department of Justice, Bureau of Justice Statistics. (2011).
Homicide trends in the United States, 1980-2008: Annual rates for 2009 and 2010 (NCJ-
236018). Retrieved from Government Printing Office website:
federal government has expanded through the years to develop stronger political, social, and economic structures. Social and economic issues brought about by the social issues in years prior to the Civil War and the legislation in years after the Civil War in an attempt to resolve the issues expanded the authority of the federal government. The black race was enslaved in the South, but free in the North. The role of the federal government became stronger to influence the political, social, and economic issues in an effort to build freedom and a stronger economy.
Impressment was the legislated policy to seize food, fuel, slaves, and the other commodities for armies during the Civil War. The tax-in-kind law, passed a month later, allowed the government to impress crops from farmers at a negotiated price. (DeCredico, 2011) ecause of insufficient enforcement, prices below market value, and abuse of labor, citizens hoarded goods…...
mlaBibliography
Congress, M.A. (2004). Civil Rights Act of 1875. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3407400042.html
DeCredico, M. (2011, Dec 3). Confederate Impressment During the Civil War. Retrieved from Encyclopedia Virginia: http://www.encyclopediavirginia.org/Confederate_Impressment_During_the_Civil_War
Law, W.E. (2005). Fourteenth Amendment. Retrieved from Encyclopedia.com: http;//www.encyclopedia.com/topic/Fourteenth_Amendment.aspx
States, T.O. (2005). Fifteenth Amendment. Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-FifteenthAmendment.html
Thus, striking workers are protected from losing their jobs to "scabs," workers who cross picket lines to work without a union contract or representation. It is interesting to note that federal law does not protect union workers this closely, and neither do many other states.
Another interesting New Hampshire law is the Crime Victim Employment Leave Act, which just took effect on January 1, 2006. The law stipulates that employers must allow employees who are victims of crimes time off work to attend court proceedings and other legal or investigative proceedings. However, the employer does not need to pay the employee for this time off. Employers cannot discriminate or fire employees who ask to use this provision, and employees cannot lose their seniority while they are absent from work. This is an interesting law in that it addresses a concern for many employees that is not addressed by the federal government…...
mlaReferences
Editors. (2005). Employment law guide. Retrieved from the DOL.gov Web site: www.dol.gov/compliance/guide/index.htm10 June 2006.
New Hampshire Legislature. (1965). Citizens job protection. Retrieved from the New Hampshire State Web site: June 2006.http://www.gencourt.state.nh.us/rsa/html/XXIII/275-A/275-A-1.htm10
1997). Minimum hourly rate. Retrieved from the New Hampshire State Web site: June 2006.http://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-21.htm10
FCC & EEO
Federal Contract Compliance & EEO
Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus on the…...
mlaHall, F.S. 1977. Gaining EEO Compliance with a Stable WorkForce. Personnel Journal. 56:454.
Landau, B.W. 2002. State Employees and Soverign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws. Harvard J. On Legis. 169(39).
Maltby, L. And Yamada, D. 1996. Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors. Boston College Law Review. 38(2).
Key Milestones in the History of the Women's Rights Movement
Throughout history, women have fought tirelessly for their rights and equality. The women's rights movement has witnessed significant milestones that have shaped the social, political, and economic landscape for women worldwide. Here are some key milestones:
1848: Seneca Falls Convention
Held in Seneca Falls, New York, it was the first women's rights convention in the United States.
Elizabeth Cady Stanton and Lucretia Mott drafted a Declaration of Sentiments demanding equal rights for women.
1851: The First Women's Rights Convention in Ohio
Organized by Lucy Stone, Frances Dana Gage, and Paulina Wright Davis.
Emphasized....
The implementation of black codes severely restricted the rights and freedoms of newly freed African Americans after the Civil War. These laws were enacted by Southern states with the intent of maintaining white supremacy and control over the African American population.
Some of the provisions included in the black codes were strict labor contracts that tied African Americans to their former owners, restrictions on where they could live and work, and limitations on their ability to testify in court or serve on juries. In addition, African Americans were also denied the right to vote in many states.
Overall, the black....
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