Legislation
Changes in Legislation
Comment by Sabina:
Changes in Legislation
As mayor of a city it is important to ensure the residents in city are safe and are being protected from foreseen harm. As leader of a city it is important to analyze the upcoming events and predict possible dangers. I was notified there would be a political demonstration in a public city park, showing support for changes in immigration policies in fifteen weeks. I was also advice that the opposition would be there to create a counter demonstration at the rally. I am extremely concerned for the safety of the public and police offers, since there is a high risk of violence at this rally. As the mayor I feel it is my obligation to take action to prevent this demonstration from occurring. An emergency change in legislation must be created to prohibit this demonstration from occurring as scheduled.
Creating a legislature to prevent…...
mlaReferences
Digger (2007). Free speech denied for rally against illegal immigration in Lakewood, NJ. Retrieved from http://www.diggersrealm.com/mt/archives/002507.html
Office of Censorship. (2007). Censorship. Retrieved from http://140.234.1.9:8080/EPSessionID=e10e5266e13c03ede6c72fc989d022/EPHost=credoreference.com/EPPath/entry.do?id=9646871
Mackey, D. (2001). The Bush faith-based initiative: Don't muffle the church's prophetic voice. Church and State. 54 (5)
Legislation Pertaining to Foreign Nurses Practicing in the United States
Discuss the process that this legislation will go through, referencing the steps to the legislative and administrative process
The Rural and Urban Health Care Act of 2001 (S 1259 and HR 2705) dramatically expanded the existing H-1C temporary nursing visa program established in 1999. Before, there were only three ways that foreign-educated nurses could get permission to enter the United States to practice their profession. The first was by obtaining a permanent visa, which was solely for those nurses who want to become residents of the United States. The second was by obtaining a temporary visa, for those nurses who only desired to work in the United States for specified, usually limited periods of time. (Trossman, 2002) The last method was under negotiated trade agreements, such as the North American Free Trade Agreement. During NAFTA,
Discuss the history or similar types of legislation.
The…...
mlaWorks Cited
Flaherty, Megan (March 15, 1999) "Nurses with Visas." NurseWeek/HealthWeek. Retrieved 29 Oct 2005 at http://www.nurseweek.com/features/99-3/visas.html
Morgan, Leslie. (6 Dec 1997) "Legislation would allow international nurses to work in understaffed U.S. hospitals. NurseWeek/HealthWeek. Retrieved 29 Oct 2005 at http://www.nurseweek.com/features/97-12/rxforrn.html
Trossman, Susan. (Mar 2002) "The Global Reach of the Nursing Shortage
The ANA questions the ethics of luring foreign-educated nurses to the United States.
Legislation on Foreign Nurses Practicing in the United States
Acute shortage of registered nurses is a grave problem faced by most hospitals in the United States. This problem is aggravated by the increasing demand for healthcare caused by a nation with an aging population. Around 1/3rd of the registered nurses in the country are over fifty. Estimates show that most hospitals are struggling with an average 15% vacancy for RN being left unfilled. Projections indicate that the situation is slated to worsen further resulting in around 20% deficit of nurses by 2020. [Gorenberg]. To solve this crisis, many health care centers in the country aggressively recruited nurses from foreign countries. The result was a surge in migration of nurses from many countries like Philippines, Canada, India, Nigeria, etc. Pressed by concerns regarding quality standards of these foreign nurses, the Department of Homeland security implemented new regulations by adding section 343 to…...
mlaBibliography
1) Immigration Specialties, " Congressional Activity on Nurse Shortage,"
Accessed on Oct 25th 2005,
http://www.immspec.com/RN/subcomm-shortage.htm
2) Lorraine Steefel, " Bridges or Barriers: Will New Certification Rules for Foreign Nurses Protect
Legislation of Foreign Nurses Practicing in the United States
The United States Health Care system is undergoing a major crisis of nurse-staffing shortage. A survey conducted by the American Hospital Association -- AHA of 715 hospitals performed during spring 2001 showed that a vacancy of 126,000 positions of registered nurses prevails through out the nation. The International Council of Nurses -- ICN, a federation of 125 nursing organizations indicated it to be a global problem. In order to meet the staff requirements, the U.S. health care facilities, both individually and in collaboration are persistently demanding the state and federal law makers to smoothen the restrictions in both the state regulations and U.S. immigration law to permit an increased influx of foreign-educated nurses. (Trossman, 2002)
Cheryl Peterson, MSN, egistered Nurse, a senior policy fellow in the practice department of ANA reveals that there are three primary modes that foreign educated nurses can have…...
mlaREFERENCES
"All Foreign Healthcare Workers Must Re-certify" Retrieved from Accessed 3 October, 2005http://www.pulsehr.com/Resources/US_Nursing_Visa_Immigration_Certification_Latest_News.htm
Maddox, P.J. (Dec. 31, 1998) "Administrative Ethics and the Allocation of Scarce
Resources" Online Journal of Issues in Nursing. Retrieved from Accessed 4 October, 2005http://www.nursingworld.org/ojin/topic8/topic8_5.htm
"Position Statement on Recruitment and Rights of Foreign Nurses" Retrieved from http://www.aft.org/topics/immig-healthcare/ImmigRts_10_03.pdf
Legislation and standards affecting IT auditing
The Audit Quality Forum was established with the primary purpose of reinforcing confidence in financial reporting. Statutory auditing promotes confidence because auditors are likely to give external and objective opinions on the presentation and preparation of financial statements. Auditors are required to be independent in opinions expressed, and their work is greatly based on real world. This is challenging in particular national settings. ecently, standard setters, audit practitioners, and regulators embraced significant steps in enhancing confidence within quality of financial statement audits, considering the challenges faced in leading capital markets. IT auditing is critical to any organization. The existence of legislations and standards has ensured that auditors offer independent opinions and that their work is greatly based on real world. This study however shows that this is challenging in some situations as seen in the comparisons provided.
Latest initiatives have focused on an international scope as…...
mlaReferences
Bagshaw, K. (2013). Audit and assurance: Essentials for professional accountancy exams. Hoboken, N.J: Wiley.
Bode, S. (2007). The problems of international auditing harmonisation. Mu-nchen: GRIN Verlag.
Collings, S. (2011). Interpretation and application of international standards on auditing. Chichester: Wiley.
Cascarino, R., & Van, E.S. (2007). Internal auditing: An integrated approach. Lansdowne, South Africa: Juta.
In general, the CDT urges the enactment of legislation organized around FIPs. Such practices are guided by certain principles: transparency; individual participation; purpose specification; data minimization; use limitation; data quality and integrity; security; accountability and auditing. (CDT Comments, 10-11). These principles have been at the heart of privacy legislation since the Privacy Act of 1974. (Dep't of Homeland Security).
For example, the CDT advocates for consumer privacy legislation that regulates both the online and offline data collection and management practices by advertisers and that authorizes the Federal Trade Commission to make regulations specifically targeted at these practices. (CDT Comments, 3). With respect to DPI, the CDT has asked Congress and the European Union to engage in fact-finding about how ISPs are using DPI, so that privacy legislation can be designed to distinguish between the legitimate and illegitimate uses of DPI. (CDT Comments, 5-6)
Conclusion
The only thing consistent about the Internet is its…...
mlaReferences
Center for Democracy and Technlogy. Comments of the Center for Democracy and Technology to the European Commission on the Matter of the Consultation on the Legal Framework for the Fundamental Right to Protection of Personal Data. December 31, 2009. Accessed on June 1, 2010 at http://www.cdt.org/issue/baseline-privacy-legislation
Federal Trade Commission. Privacy Online: Fair Information Practices in the Electronic Marketplace. 2000.
Federal Trade Commission. 2010. Enforcing Privacy Promises: Section 5 of the FTC Act. Web. Accessed on June 2, 2010 at http://www.ftc.gov/privacy/privacyinitiatives/promises.html .
Federal Trade Commission. 2010. The Gramm-Leach-Bliley Act. Accessed on June 2, 2010 at http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Healthcare Legislation
Healthcare Information Systems Legislation Since 2000
Health information technology has become a topic of discussion for healthcare organizations, professionals, and lawmakers in recent years as the government consigns tax dollars and presents legislation that will make new healthcare information systems more affordable and available over the coming years. Healthcare information systems innovators are also trying to design systems that are more user friendly and comply with the needs of multiple organizations. In 2004, President Bush signed an executive order which set a ten-year window on developing and implementing electronic health records systems across the United States (EHealthWV, 2004). Healthcare information technology had already been addressed in the HIPAA standards, some of which became law in 2001 and 2003 (Maruca, 2010). State legislatures began a concerted effort to address the issue of electronic healthcare systems in 2007, a year in which "74 bills were passed in 39 states and the District…...
mlaReferences
EHealthWV. (2004). Health information technology backgrounder. Retrieved from Backgrounder_%5B7%5D.pdfhttp://www.ehealthwv.org/shared/content/ehealth_wv_files/EHR-
HIMSS. (2009). The American Recovery and Reinvestment Act of 2009: Summary of key health information technology provisions. Retrieved from http://www.himss.org/content/files/HIMSS_SummaryOfARRA.pdf
Health Information Technology Champions (HITCh). (2007). 2007 enacted legislation on health information technology. Retrieved from research/health/2007-enacted-health-information-technology-legisla.aspxhttp://www.ncsl.org/issues -
Maruca, W. (2010). HIPAA and HIT changes in Patient Protection and Affordable Care Act. Retrieved from hit-changes-in-patient-protection-and-affordable-care-act/http://hipaahealthlaw.foxrothschild.com/2010/03/articles/health-reform/hipaa-and -
legislation related to your area of interest in human services. Explain how the legislation has impacted human services and in particular your area of interest. Include how it affects client services in this area. Be specific and provide examples.
Main iscussion Post
The implementation of mandatory arrest laws in regards to domestic violence has generated a lot of debate. These laws require an officer to make an arrest if they have probable cause that domestic violence has taken place. uring the mid to late 1980's a number of states put into practice these laws as an attempt to fight domestic violence and to control police actions. However, research on the helpfulness of these laws has yielded mixed results. There is no apparent agreement among researchers, activists, victim's rights advocates, policymakers, and law enforcement officials on the effects that mandatory arrest policies have for victims of domestic violence. Therefore, the verdict remains…...
mlaDomestic violence treatment programs have historically been designed for men who have been, or are at risk for becoming violent with an intimate partner. With the recent introduction of mandatory arrest laws for domestic violence, treatment programs around the country have flourished in response to the growing need for services of court-mandated clients. In addition, women who have been arrested for domestic violence are also frequently referred for mandatory treatment. In most programs, family safety remains a main and immediate concern, however while this goal is frequently sought after the approach and fundamental rationale may differ considerably from program to program, based on the resources that are available (Sonkin, n.d.).
The dynamics of domestic violence are varied and complex. Effective treatment should be based on a careful clinical evaluation and tailored to the psychological and social needs of both the abuser and the partner. Above all, treatment services should be based on sound scientific research and the best practices of the counseling profession (Why Have Domestic Violence Programs Failed to Stop Partner Abuse, 2008). Unfortunately this has not been the case since the passage of mandatory arrest laws.
Along with the mandatory arrest laws there has been an increase of court mandated treatment for which many treatment programs were not prepared. Treatment programs have found themselves overwhelmed with clients and with a shortage of funds in order to provide the services that are needed. This has led to ineffective outcomes in many programs because they lack the personnel along with other resources in order to be successful. Unfortunately research has shown that the mandatory arrest laws and court
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder?
(a) a merger wherein at least two companies are governed by the laws of different member states
(b) the conversion into an SE of an existing company that for at least ONE year has had at least one subsidiary in another member state
(c) the formation of a parent company where each of at least two of the companies is governed by the laws of different member states.
(37) What is the minimum share capital required to convert to an SE?
(a) 120,000 Euros
(b) 200,000 Euros
(c) 300,000 Euros
(d) There is no capital requirement to convert to an SE
(38) the process of registration includes the following EXCEPT:
(a) Bank Accounts must be established after notarization of the Articles of Association
(b) Cash Contributions must be paid AFTER corporate registration
(c) Directors must sign the application in person
(d) All of the above are part…...
Consumer's Privacy Bill Of ights
The Obama Administration proposed the Consumer's Privacy Bill of ights in 2012 as a roadmap for future legislation. The legislation was put forth on the premise that a huge portion of personal information gathered by American-based businesses regarding their customers and probable customers was still mostly unregulated (Sanders, 2012). In the past few years, the privacy of consumer information that is collected by businesses has been an issue that has attracted considerable debates and huge concerns. This is primarily because United States citizens have always valued their privacy. Actually, from the beginning of the republic, they have always been guaranteed protection against any violation of privacy, especially in relation to interruption of personal information and property.
Consumer privacy has become an issue of considerable attention in today's society because of the increased use of the Internet, particularly smart phones and the World Wide Web. The Internet has…...
mlaReferences
"Consumer Data Privacy in a Network World." (2012, February). A Framework for Protecting
Privacy and Promoting Innovation in the Global Digital Economy. Retrieved from The White House website: http://www.whitehouse.gov/sites/default/files/privacy-final.pdf
Kerry, C.F. (2014, July 2). The Future of Privacy and Regulation. Retrieved January 21, 2015,
from http://www.bigdata-madesimple.com/the-future-of-privacy-and-regulation/
authority to legislate is derived. Determine whether or not Congress has unreasonably and unlawfully expanded upon an identified source's authority to legislate. Provide a rationale for your response.
Congress is one authority which has the ability to legislate. The executive branch of government (the President) is another authority to legislate. These authorities have the ability to move a bill which has been proposed for legislation forward or backward.
One arena where congress has been accused of unlawfully and unreasonably expanding upon a source's authority to legislate was via immigration amnesty. "The Immigration eform and Control Act of 1986 (ICA) was enacted by Congress in response to the large and rapidly growing illegal alien population in the United States. The final bill was the result of a dramatic compromise between those who wanted to reduce illegal immigration into the United States and those who wanted to "wipe the slate clean" for those…...
mlaReferences
Numbersusa.cpm. (n.d.). Dictum. Retrieved from numbersusa.com: https://www.numbersusa.com/content/learn/illegal-immigration/seven-amnesties-passed-congress.html
Silman, J. (2014, June). Killer Gets Maximum Sentence. Retrieved from tampabay.com: http://www.tampabay.com/news/courts/criminal/killer-gets-maximum-sentence-as-story-fails-to-sway-judge/2159595
USAv.Pressley. (1996). UNITED STATES of America, Plaintiff-Appellee, v. Dewayne PRESSLEY, Defendant-Appellant. . Retrieved from findlaw.com: http://caselaw.findlaw.com/us-7th-circuit/1368169.html
Thus, as this initial object is almost impossible to fully achieve, Bentham argues that the subordinate goals of any given justice system should be "if a man must needs to commit an offence of some kind or other […] to induce him […] to choose always the least mischievous of two offences that will either of them suit his purpose," "to dispose him to do no more misheif than is neccesary to his purpose," and finally, to do all of this for cheaply as possible (Bentham 62-63). These subordinate objects are quite revolutionary in that they acknowledge the nuances of human behavior and thought processes by arguing that punishment should be focused not only on preventing offenses, but where that fails, on encouraging individuals to engage in the least destructive offenses possible to meet their desired ends. This is important to note because it demonstrates why Bentham's theory offers…...
mlaWorks Cited
Bentham, Jeremy. "An Introduction to the Principles of Morals and Legislation." Why Punish?
How Much? A reader on punishment. Ed. Michael Tonry. Oxford: Oxford University
Press, 2011. 51-70. Print.
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…...
Knowledge of e-crime from the perspective of crime science is insufficient in devolution of the problem, which cuts across various sections of social interaction through computers. There is a limitation in the forensic and social / legal exploration of information technology aspects and that is the possible cause of the limitations of the jurisdictions of the computer crime legislation, creating the insufficiency in the fulfillment of its purpose (Tonry 2009 p. 20-350).
The legislation approaches the infringement of the social precepts of technology without any consideration of social remedies. The use of police in regulation of operations is limiting because they may not have the capacity for gauging the extent of computer damage. It is logical considering the sensitivity of pro-social individuals, and their possibility of taking up their responsibilities. Social norms revolve around consideration of others and create a sense of mindfulness and consideration of activities (Humphreys 2007 p.…...
mlaReferences
'a Comparative Study of Cyberattacks' 2012, Communications of the ACM, 55, 3, pp. 66-73, Academic Search Complete, EBSCOhost, viewed 20 August 2012.
Assange, J., & Dreyufus, S. (2011). Underground tales of hacking, madness and obsession on the electronic frontier. Edinburgh, Canongate. 56. Print.
Assange, J., & Dreyufus, S. (2011). Underground. North Sydney, N.S.W., Random House Australia. 23-150. Print.
Foltz, C, & Renwick, J 2011, 'Information Systems Security and Computer Crime in the IS Curriculum: A Detailed Examination', Journal of Education for Business, 86, 2, pp. 119-125, Academic Search Complete, EBSCOhost, viewed 20 August 2012.
Health and Safety Legislation in elation to Employee Protection for Accidents at Work
Every individual within a workplace environment has the legal rights to protection against any work related risk, which may arise on the course of duty performance. Generally, the employees' health and safety legislation impose a range of duties to both employers and employees. The employees' health and safety guides apply to the self-employed as well as the diverse categories of employees such as manufacturers, designers, and suppliers. In different states, the legislation expresses a wide-based duty guideline within the Health and Safety at Work Acts. These regulations or acts are further spelt out in details within the subsidiary regulations, including those dealing with health and safety management, accident and/or risk management (Johnson & Geraldine, 2013, p. 57), as well as other emerging issues specific to health and safety of employees at work. This paper aims at providing an…...
mlaReferences
Chamberlin, K.W., Cottle, M. & Neville, R. (2007).Responsibilities in notifying accidents to the health and safety authorities.Health and Safety Management, 4(3), 67-78.
Hansson, P. (2008). Employment laws and employee accident claims. Employment, Safety and Health, 14(5), 27-42.
Johnson, W.B. & Geraldine, C.K. (2013).The management of health, safety and welfare of employees at work.Employment Rights and Conditions, 3(1), 56-68.
Occupational Health and Safety Act (2000).Workplace injuries management and workers compensation.Journal of Employees' Safety and Health, 73(4), 78-97.
Constitutional law is one of the two most important types of law for anyone in the legal field to understand. The United States legal system is derived from a combination of a common law tradition and constitutional law. The common law tradition helps people understand the legal norms that are not expressly outlined in the Constitution or by legislation, while the Constitution places limits and guidelines on the rights and duties that can be governed by the law. This is true with administrative law, which specifically addresses the laws related to various government agencies. This is especially....
Analyzing the issues in the legislation process depends on where the legislation is being written. Lawmakers in different countries have to follow different processes to create law. Even within countries, legislators may follow different legislative processes in different states or provinces.
Generally, a law starts out as an idea. A lawmaker realizes that there is a problem that needs to be addressed and that can be handled through legislation. They may realize this on their own through their research, because a lobbying or special interest group come to the lawmakers with the issue, or because another....
The United States Postal Service is, oddly enough, one of the least understood public services. Established in the Constitution, this department is often derided as being non-profitable, but the goal of the USPS is not to make a profit, but to provide a service. It does so efficiently, delivering mail at a fraction of the cost to consumers of similar private services. In standard five-paragraph a research paper about the USPS, we would discuss the constitutional mandate for the USPS, the history of the USPS, and the current state of the USPS.
USPS....
The President plays an important role in both the budgetary process and policymaking, even if the roles are less formal and direct than many people realize. The President and his Administration help establish the priorities for the nation, which is how a President impacts policymaking. Likewise, the President submits budget recommendations to Congress, but is not actually responsible for the budget. The two process are similar, but different, so they will be addressed sequentially.
The President’s role in developing the nation’s budget is dictated by statute and by precedent. The Budget and Accounting....
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