Advantages Of Federalism
Federalism is a legal and political concept suggesting that law is best made in a twofold relationship: centrally and locally. Operative in many nations around the world under many different guises, federalism is centred on the principle that locality is key to effective governance. It holds that by making laws at a local level, the legislators can take advantage of local knowledge and opinion, whilst also lightening the load centrally for governance on the wider ranging issues. This is not only bureaucratically significant, but also politically in the sense that those in power through the majority of local areas will surely assume power overall, thus creating fairer representation. Ultimately, in theory, federalism satisfies the will of the people more accurately than a purely central system of governance, which is one of the many reasons it has become so popular in recent years. In this article, we will discuss the main advantages of federalism as a legal order, and look at the main reasons for its growing popularity and strength across the world.
Advantages Of Federalism - 661 words
Alienation Of Assets
In commercial terms, the world revolves around insolvency. Insolvency is the process whereby one's entire patrimony (i.e. the totality of one's assets) is liquidated in order to satisfy his total debts that have grown beyond his means. Insolvency procedures are problematic in that they mean liquidation of personal assets such as one's home and one's car. Unfortunately there are few ways to avoid insolvency, which most normally occurs through poor judgement or 'bad luck'. Fortunately, there are numerous ways in which the potential implications of insolvency procedures can be minimised to prevent loss of assets. For the lay-man, this can involve certain minor legal procedures which could ultimately save a fortune. For creditors, this can be particularly bad news. In this article we will look at entirely legal ways in which you can potentially avoid losing assets in insolvency procedures.
Alienation Of Assets - 681 words
Animal Control
In America today, there are states that are actively pushing pet owners to be controlled by law. States such as California are enacting laws in which pet owners are forced to spay or neuter their pets. This is something that many are talking about as the answer to the pet over population problems. Is this truly the answer? Many prominent breeders are upset by this attempt to control the rights of individual pet lovers.
Animal Control - 653 words
Children And Violence
How far does violence extend, how do we determine exactly who is responsible for the violence that children are seeing on television and in music. What about video games, who is taking the responsibility for the violence and awful things that, are occurring right before the eyes of the youth today. Many politicians are looking to eagerly blame the media and entertainment industry. Is that the correct place to lay the blame? Perhaps parents are the people ultimately to blame.
Children And Violence - 653 words
Conservative Vs. Liberal
Many people do not really understand the difference between a conservative and a liberal. How do you really know which side of the spectrum you fall on? In this article, we are going to explain some of the differences, so that as political figures are discussing conservative and liberal ideals you know exactly what is going on.
Conservative Vs. Liberal - 654 words
Contract Formation
Contract law is one of the most important area of the law that affects us all in our daily lives. Although we seldom sign a written document, we go into shops daily, we travel on public transport, we park in parking lots - these are largely all contracts into which we bind ourselves to terms and conditions. We may not be strictly aware of it, but we all participate in contractual obligations on both sides of the fence every single day. It is therefore no surprise that the issue of when exactly a contract is formed is of the utmost importance in regulating commerce and life as a consumer. Furthermore, how can we enforce our contracts, and what rights do we have under these contracts that we agree to almost subliminally day in day out. In this article, we will look at some of the key issues surrounding contract formation, and general principles of the law on contract, which govern transactions we experience in our daily lives.
Contract Formation - 658 words
Criminalizing Attempted Crimes
The criminal law is designed with a view to protecting the individual rights of the citizen and the health and well being of society as a cohesive unit. In this regard, it is responsible for setting the parameters of social conduct, and for ensuring consistent application of principle and doctrine across the board. One of the most controversial areas of the criminal law is undoubtedly its role in penalising criminal attempts. When one attempts criminal behaviour but does not complete it, should that person still be liable as a matter of public policy? What if a prospective criminal stops a second from shooting their victim, deciding not to follow through their criminal intent? Furthermore, should a criminal be penalised for trying to commit a crime that is factually impossible? In this article, we will consider each of these arguments and look at possible ways in which they could be more effective treated.
Criminalizing Attempted Crimes - 674 words
Hillary Clinton's Presidential Campaign
Who knew that the 2008 election would have the Democrats swinging two mighty powerful punches in such a short time frame? As a woman poised to run for the ascending Democrats, Hillary stands a chance of actually winning. Is that the scary part, or is the scary part that she is running against the first black man to actually stand a chance of winning? Clinton has hit the campaign trail hot and heavy working on building up her bank account for primary expenses and is busily planning her campaign.
Hillary Clinton's Presidential Campaign - 653 words
Human Rights Vs Civil Liberties In Europe
One of the most defining legal motions of the last hundred years on a worldwide scale is the European Convention on Human Rights, which imposed for the first time a codified standard of behaviour that all signatories must meet. Although the document is referred to in a specifically European context, it is truly important throughout the world as a clear guideline for reference to matters on human rights. But what about before the Convention - what were the protections for the citizen against encroachment from the authorities, and what recourse was there for grievances? In this article we will look at the position of many European countries prior to the Convention and after, to highlight the change in legal position for the average citizen.
Human Rights Vs Civil Liberties In Europe - 678 words
Hybrid Cars
Earth Day occurs each year, and is the one day that everyone across the country tries his or her best to help save the planet. Although it's only one day in the year, that one day can and does go some way towards changing attitudes and opinions to the environment and to the way in which we can minimize our impact and our carbon footprint. Each year, several stores give away "green" products that help conserve energy and almost every major corporation around decides to air commercials urging the residents of the world to reduce the amount of energy consumed.
Hybrid Cars - 667 words
Internet And Politics
In the past, political figures relied upon the news in the form of television stations and even newspapers to release information to the public, i.e. direct to the electorate. Now with the invention of the internet, more political figures are releasing their own information. How does this affect the release of information? Does this add to the impact of law and government on society, or is this merely a direct root to brainwashing the public. Furthermore, is it good to use political figures time releasing information when they should be enacting change? In this article we will look at the relationship between the internet and politics, and whether the move towards more accessibility and greater personal accounting is beneficial to democracy and government.
Internet And Politics - 655 words
National Budget
When the Senators, Congress people, and President all gather around to start discussing issues of the budget, many people get worried. One of the biggest worries is that taxes will rise, and there will still be a deficit. This worry is fueled each year, because as the inflation rate rises, the money must come from somewhere to fund everything that is necessary for the government to function.
National Budget - 655 words
Online Legality
The Internet is the most important social and economic change since the development of currency and the organisation of civilisation as we know it, and it has certainly has a profound effect on our everyday lives. The Internet is the home of many of our businesses, a vital channel for communication with loved ones, and one of the most important knowledge resources the world has ever known. If you're doing business online, just like the offline environment, it is imperative that you operate within and understand the law in your area. Not only does this avoid potential problems, but it also ensures the smooth running of business and trade. In this article we will look at certain fundamental issues when doing business online, and how they can be effective in determining how we run our online operations with a view to profit.
Online Legality - 660 words
Parole -should It Be Used?
For those who do not know, parole is a program that is used to allow criminal offenders early release from the prison system. It is designed to reflect prolonged periods of 'good behavior' and reform and rehabilitation, although it has come under a great deal of criticism at many different levels for allowing criminals to roam free before serving their time. Parolee's are not given a free pass into public however; a parole officer monitors them at all times during their free time to ensure their behavior is appropriate and to ensure no further criminal activity is being undertaken. The parole officer is essence acts as the guards did in prison monitoring the behavior and movements of the offenders, with the difference being that the offender is allowed to integrate back into society on a graduated basis to avoid the chance of reoffending and any potential danger to the public. In this article, we will look at some of the key arguments for and against parole as a method of rehabilitating and reintegrating prisoners back into society.
Parole -should It Be Used? - 658 words
Prison Reform
Many states are faced with a daunting number of inmates who are incarcerated currently for a variety of crimes. Each state is given the responsibility for ensuring the prisons meet federal guidelines in accordance to housing requirements. There are prisons around the country that are housing more inmates than they have the capacity to handle. Who is looking out for the inmates to ensure they are treated humanely in accordance with the constitution? In this article, we will look at some of the key suggestions put forward for reform of the penal system at federal and state level, in addition to analyzing the arguments for both sides in attempting to reach a conclusion that is fair and just for both the victim and the offender, as well as society.
Prison Reform - 655 words
Racial Segregation In Politics
It was not so many years ago that there was a deeply seated notion that black people were incapable of the thoughts needed to handle a political office. Not so many years ago, black people were still considered slaves. Groups such as the Ku Klux Klan or KKK were all the rage in the south, and the segregation issues were widespread across the nation.
Racial Segregation In Politics - 660 words
Tackling Global Warming
As we move towards the future, technology is developing rapidly to assist in solving our problems. These problems range from simple issues, such as improving the quality of paper products to the advanced such as improving the quality of life and condition of our planet. Global warming is one of the topics that many of our politicians all decide to sit around and talk about, without showing much progress, which is a cause of great frustration for peoples all over the world.
Tackling Global Warming - 657 words
Tackling International Litigation
One of the main problems with doing business across international frontiers, particularly online business, is that of international litigation, given that it can be hard to exercise rights in a foreign jurisdiction. It is perhaps one of the biggest dangers with contracting internationally that in the event of dispute, both parties claim their law is trump, which causes some obvious problems as they struggle towards an amicable outcome. However, there are many ways around this situation for the savvy internet lawyer, including the widely used choice of law clause and the mutual arbitration or adjudication, which can help bypass this situation. In this article we will look at a practical approach to tackling online litigation, and the ways in which a party can look to resolve problems across national frontiers.
Tackling International Litigation - 653 words
The Agency Relationship
One of the most important relationships in commercial reality is that of the agent. Often employed in purchasing internationally, or indeed in negotiating the conclusion of a contract, the agent is seen in law as an extension of the principal for whom he acts, with the uncharacteristic authority to make decisions and enter contracts on behalf of another. However, what is the extent of the agent's authority? How far can he really go in acting for his client before he ends up creating problems? Furthermore, what happens when the agent goes beyond his allotted authority to make unauthorised decisions on behalf of his agent? In this article we will look at some of the founding principles of the agency relationship, its importance, and some of the key considerations for modern debate.
The Agency Relationship - 655 words
The Concept Of Ownership
One of the most fundamental concepts in private law, regardless of the jurisdiction, is the concept of ownership. What belongs to who is fundamental in many aspects of the law, ranging from who bears the risk during the process of sale through to whether or not a theft has been committed. Furthermore, ownership can be vital in cases of personal insolvency and taxation law, showing its significantly wider implications on the legal systems in which it forms a part.
The Concept Of Ownership - 675 words
The Fairness Of Minimising Liability In Tort
The law of tort governs the behaviour of the citizen towards his fellow citizen, or indeed the actions of a company to a citizen or fellow company, in the absence of criminal conduct or contractual remedies. Present in most legal systems in some form, the law of tort (or delict) covers civil 'wrongs', where one party has suffered damages as a consequence of another's actions. Of course there are permitted damages that one can occasion to another party, such as one company undercutting a competitor to his detriment. Tort is concerned largely with prohibited or negligent behaviour that can be attributed towards one specific party, opening the path for an award of compensation or damages. One major point of criticism and debate in the area of tort is that of indeterminate or indiscriminate liability, which is designed to minimise the potential for floodgate liability.
The Fairness Of Minimising Liability In Tort - 659 words
The Philosophy Of Law
When we think of law, and what law means to us as a society, we all have a good idea, or rather an innate sense, of what law is and the kind of things to expect. But trying to put an accurate definition on what law is is somewhat more of a difficult task. This very question lies at the heart of the study of jurisprudence, or legal philosophy. Since early civilisation, philosophers and thinkers have worked with a view to establishing a definitive meaning of what law is and where it fits in to the community. From these efforts have arisen major 'schools' of thought which demonstrate ideas and concepts distinct from one and other yet equally valid in their interpretations.
The Philosophy Of Law - 665 words
The Trust Mechanism
In legal terms, there is no mechanism quite as flexible and valuable as the trust. Usually an imperative asset in the tax-planner's tool box, the trust mechanism is a legal fiction that is present in the majority of jurisdictions across the world. It is in effective a tripartite relationship between a truster, a trustee and a beneficiary, although these names vary across jurisdictions. The truster is the party transferring property, which then becomes property of the trust as an entity and hence is administered by the trustee, usually an accountant or investment banker, for the benefit of the beneficiary. Usually, they are used for charitable purposes, or indeed as a way to minimise potential liability and alienate assets to avoid creditor seizure. Unusually, the trust structure is relatively vague, and in many jurisdictions little more than a written deed is required to constitute a trust. In this article we will look at why a trust should have a more formal establishment criteria, and why it is as effective as it is as an invaluable legal instrument.
The Trust Mechanism - 654 words
Unemployment Rates
As several states are experiencing a fall in unemployment rates, the overall national average paints a bleaker picture, as it is starting to slowly rise, causing an array of social and economic problems for the ordinary citizen. There are more than 1.69 million Americans unemployed currently. This number is awful and means that more Americans are slowly being put on state aid and draining society of invaluable resources which could otherwise be spent on education or health provision. This strikes at the core of the budget for the states, which are spread very thin as it is across all the required public departments.
Unemployment Rates - 651 words
Who Is Barack Obama?
Who exactly is Barack Obama, and why does he deserve to be President? Obama is a Democratic senator from Illinois, who is sitting as only the fifth African American Senator in United States history. Couple that with the fact that he is currently the only African American serving in the Senate and you must concede that he is definitely determined.
Who Is Barack Obama? - 549 words