Recent orders
Legalization of Same Sex Marriages in the U.S.
Legalization of Same Sex Marriages in the U.S.
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Legalization of Same Sex Marriages in the U.S.
According to the Supreme Court, refusal of granting marriage licenses to gay as well as lesbian couples violates the constitution. The landmark ruling of 25 June 2015, which legalized marriage between same sex couples greatly, altered the laws governing matrimony. The rule bases its ground on the fact that marital unions embodies the highest ideals of fidelity, devotion, family, sacrifice, and most importantly, love.
The civil rights campaign started in the 1970s, but it was not until 1993 when the issue became more prominent. By 2010, 60% of the public had approved the issue, with the rates trending upwards slowly in the years that followed. Some same sex marriage supporters claimed that the marriage extend a civil right to a minority group. Young adults caused the most shifts in balance among the supporters and the non-supporters because they are more open to gay rights than the presiding generations (Silver, 2012). However, a study revealed that 28 percent of supporters and 14 percent of all Americans stated they changed their minds in favor of the LGBT marriage.
A research by PEW stated that 70% of those born after 1980 favored same sex marriages. Millennial support for same sex marriages grew substantially between 2003 and 2013 from 51% in 2003 to 70% in 2013. However, millennial generation only contributed to9% of the total population as compared to a decade later with the number at 27%. Older generations also increased their support for same sex marriages over the past decade. 32% of those who changed their mind in favor stated that they changed because they knew homosexual family members and friends. The basic opinion among most supporters is that people should feel free to choose what brings happiness to them and that the government should interfere. The most significant improvement on the issue happened in 2003 when Massachusetts first legalized same sex marriages.
The ruling nullifies the decision made in the Sixth Circuit Court of Appeals, which stated that states needed to maintain the traditional definition of marriage. The ruling also forced republican political leaders and conservative Christians to decide whether they would acquiesce or continue opposing same sex marriages. Republican 2016 candidates disliked the decision voicing their concerns about the future of religious liberty (Ariane, 2015 ). In their defense, the court stated it only made its rule based on the majority polls.
While some religious groups and other people opposing same sex marriages state that same sex marriages go against the religious beliefs, others base their argument on parenting concerns. They stated that changing the tradition meaning of marriage would cause inclusion of incest and polygamy. The church opposed same sex marriage stating that children perform best when the parents are a mother and a father, and thus, legalizing same sex marriages would not be in the best interest of children. Today, most Americans accept same sex couples as parents and suggest that same sex couples are as good parents as are the heterosexual couples. In addition, 66% people think same sex couples must have equal legal rights as heterosexual couples.
In conclusion, the ruling gave same sex couples the right to have marriages and avoid a life of loneliness. The court made the ruling based on majority public opinion, and granted the same sex couples a chance to enjoy legal rights and benefits the same as heterosexual couples. As the country exploded with celebrations among the supporters, it was clear that U.S. is the land of the free, despite conflicting opinions from some Christian leaders and opposing supporters.
References
Ariane, V. (2015). Supreme Court Rules in Favor of Same Sex Marriages Nationwide. CNN Politics
Janet, H. (2015). Support for Gay Marriage Hits All-Time High-WSJ/NBC News Poll. In the Wall Street Journal
Silver, N. (2012). Support for Gay Marriage outweighs Opposition in Polls. New York Times
Legal Theory
Legal theory:
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Legal theory
PARTA 1) what law is shown/talked about/enacted?
The law that is talked about is criminal law
2) Were lawyers shown? If so how are they represented? What other legal actors are shown? (Police, criminals etc) How are they represented?
They were lawyers present; the other legal actors are members of the military tribunal. Some of the actors were Burt Lancaster, Richard Widmark, The criminals in question are the 21 Nazis on trial. They are accused of committing various numbers of inhumane trails. 11 were hung, 6 were jailed and 3 were acquitted.
3) Was justice served? If so whose justice? What assumptions about law in our culture can you make from watching this show?
Justice was served. The justice in this case was in favor of the Jews who were killed in German during the holocaust.
4) What was/were the genders/races/sexual orientations of the characters? What relationship do they have to the ‘law’ and each other?
The criminals were all male, they were Caucasian. The victims were both male and female, they were Jewish and the members of the legal tribunal were mostly male. The criminals were answerable to the law due to their participation in the murders. The victims were seeking justice for the death and torture of their family members. The legal tribunal were responsible for ensuring justice prevailed by sentencing the criminals. 5) In the Movie Judgment at Nuremburg which lawyers could be considered natural lawyers? Why?
The lawyers who acted on behalf of the victims based their arguments on natural laws arguing that the offenders did not have to succumb to the demands of the government despite the fact that the government had the legal authority to carry out their orders.6) In Judgment at Nuremburg which lawyers could be considered positivists? Why?
No lawyer can be considered a positivist. This is due to the fact that the court denied the arguments of defense who claimed that they acted in line with the law of the German government at the time. Most of the judgments were thus made through the observation of the natural law.
PART B1) Explain the elements of Aquinas’ account of law. How does Aquinas’ version of natural law differ from Fuller?
Known for his take on natural law Aquinas provided an opinion in all aspects of law. He supports the overlap theory which combines the observation of moral law and concepts of law. The rules of law cannot work without consideration of the moral point of view. Morality thus plays a significant role in the determination of what is right or wrong in the eye of the law.
Fuller on the other hand, accounts for a different in regards to the definition of law. He lays out eight principles that make up the morality of law. If rules do not fall into any of the principles of law, they do not quality to be termed as law. These principles are inborn and are thus laws that they society accepts in general.
2) What are the central elements of Austin’s account of law? How is it different to Hobbes’ and Fuller’s?
Austin states that law is created through the facts that are determined by the society. The credibility of law is separate from the advantages and disadvantages. Hobbs states that the set of rules cannot be recognized as laws if they are not recognized by the government. Hobbs has a more classical approach to law, he account that God is the creator of all of making and is thus the overall giver of the law. This works hand in hand with the laws of the government. As stated earlier, the Fuller differs from Austin in that he maintains that all social rules cannot be dubbed as law if they do not apply in his 8 principles of law. The 8 principles guide the society on the way they should address each legal situation.
3) Do you agree that in Judgment at Nuremburg the understanding of law that is affirmed is positivism?
Positivism is the law that is derived by man. This is the opposite of natural law in which is derived from the moral laws of the society. Most of the defendants were tried on the role that played in the holocaust. According to natural law, the acts that these defendants committed were not accepted in any society including German. The laws that were affirmed were thus not under the positivism laws.
4) Is Atticus Finch a good lawyer?
Atticus finch is a good lawyer. He dedicated his life to fight for justice for the ordinary people in the society. The legal system at the time was corrupt; this would have made any other lawyer give up. Finch fought for justice until the end despite the fact that it was evident that he would lose the case. 5) What would you do in John Yoo’s situation? What would you do in Dan Mori’s?
If I were in John Yoo’s situation, I wools continue to rally against the treatment of tortured victims. Most of the victims have not received justice to date. John woo should thus continue to rally in favor of such victims.
6) Who would you want to defend you if you were charged under Part 5.3 (Terrorism) of the Commonwealth Criminal Code – Dr Ernst Janning, Hans Rolfe, Atticus Finch or Major Dan Mori? Explain.
I would like Hans Rolfe to defend me if I were charged under terrorism the code. He has a background in this area of expertise. This was seen in his delivery of the closing argument in the trial at Nuremburg. He would thus provide the best legal advice on the way to approach the case
PART C
Explain the relationship between positivism and formalism? Is it possibleto be a natural lawyer and also a formalist?
Positivism is the reliance of the laws made by a central authority such as the government concerning all aspects of life. It is different from natural law in that natural law tends to be flexible. Formalism is a branch of positivism in that it contains some principles that are the same as positive. Formalism is differentiated through the in that it places emphasis on reasoning as opposed to the policy. A natural lawyer can thus be a formalist lawyer in that both use reasoning to determine the basis on which they argue their cases. Both do not rely on rigid policies to which are manmade in nature2) Do you agree that Professor Charles W. Kingfield Jnr is the archetypical formalist?Yes I do
3) Do you chase (digital) paper in law school? Does Kennedy’s description that law school takes nice, normal people and turns them into manipulative, self-serving operators within a hierarchy reflect your experience?
This does not reflect on my experience so far. The rule of law was created so as to find a way of providing justice for all. Some lawyers may take advantage of the system so that they can win a particular case. This however does not reflect on the whole legal system in that some people take on law as a career so as to make a difference in the society.
4) What really where the realists all about?
The realists were all about politics as opposed to law. Realists have classified law in the same category as politics. This is owed to the fact that law is written by politicians who amend the rules to suit their needs. Most of the policies require legal structure before they are enforced. Both factors thus work together in order to be viable.
5) Is Rumpole a rule skeptic, a fact skeptic or a ‘manipulative, self-serving operator within a hierarchy’?
Rumpole is a rule skeptic
6) Who would you want to defend you if you were charged under Part 5.3 (Terrorism) of the Commonwealth Criminal Code — Professor Charles W. Kingsfield Jnr, James T. Hart or Horace Rumpole? Explain.
I would choose Horace Rumple to defend me. He has a history of tackling a wide range of legal cases. His cases range from simple cases to more complex cases making him qualified to address a case involving terrorism.PART D
1) What are the basic concepts that make up law and economics? How does Coase differ from Posner?
The law of economics is the merging of economic practice into the rule of law. Most of the principle arguments are derived from the area of philosophy. The creation of the Tort law looks at issues such as liability, ownership and contracts. Coase differs from Posner in that he states that the government should allocate full control of property to the public. This will in turn encourage free trade enabling the decongestion of the market. Posner places emphasis on the judiciary and the power it has to alter judgments. He states that the judicial body should be independent of the government of proper distribution of property and property rights are to be achieved.
2) How does Coase’s theorem explain legal relations? Does justice feature in the analysis?
The Coase theorem deals in the issue of property rights. He states that property rights should be assigned to individual parties removing the responsibility from one are. This will deregulate the system which in turn would provide more efficient management of the market. Justice features in this theorem in that granting the society there right to own property ensures that their protected from more influences parties.
3) Explain the basic principles of Marxism.
The principles of Marxism state that the society is divided into people who differ in ideologies. This is defined by the people who hold power in terms of numbers and the people who govern the state. This conflict of interests leads to the creation of alternative laws that suit the needs of each group.
4) Do all Marxist legal theories agree that law is incapable of acting separately from the economic base of a society?
Yes, this is one of the laws that make up the principles of Marxism.5) What would Marx say happened in Kerrigan v the Commonwealth from The Castle? What would Posner say?
Carl maxes principles mention that there is a conflict of interests in any society. The natives were interested in saving the land while the government wanted to sell the land. He would thus not agree with what happened in that the government used their position in the society to alter the law to suit their needs. Poster would insist that the government respect the rights of the natives. This would be made effective through the establishment of a proper judicial system that would protect the rights of the natives.
6) What world would you prefer to live in — Spielberg’s Minority Report or Stich’s The Castle? In which world do the economically disadvantaged get justice?
I would prefer to live in Spielberg’s the minority report. The fact that the government can prevent an occurrence from happening due to their ability to see the future is ideal. Despite the fact that it questions the existence of free will, the economy will be well served if the government had the ability to project a future occurrence and rectify the issue before it affects the whole economy.
Legal Risks in Performance Management
Legal Risks in Performance Management
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Legal Risks in Performance Management
The method through which specific organization measures and increases performance in its workforce is known as performance management. Since there are diverse ways of measuring and increasing the performance, the organization can use it to monitor performance on an individual, organizational as well as on department level. Though performance management is commonly used to define an individual performance, it has other standard features that comprise of performance reviews, recognition and appreciation programs and also peer feedback. During the process of measuring and monitoring performance on employees, there are legal risks that are involved. However, these risks may contrast. According to Noe (2017), the performance management systems that are acceptable and fair to the employees are considered to be legally sound.
The performance reviews of the workforce are regarded as the most effective method of improving and also amplifying the employees’ organizational performance. Moreover, other than creating an organized platform for feedback, the performance reviews consents for an assessable process of employees’ involvement in the running operations of the organization. Every organization is considered to have its own method of evaluating its performance. This is the reason as to why performance management among different organizations tends to vary. Therefore an organization’s perfect approach typically depends on the kind of work the organization engages in and its culture. It is vital for an organization to note that the performance assessments can lead to legal risks during their implementation irrespective of the set-up and scope of the employees’ performance (Halligan et al. 2015). There are some reviews on the employees’ performance for example which can spread the issue of gender discrimination, and this signifies it is always essential to perform the reviews effectively.
The advantage of evaluating employee performance is that the process does not only give the records of an individual employee’s performance according to his time. This process generates a straight record of the worker’s involvement with some expectations of as well as the promises an organization has towards its employees (Johnson, 2014). In such a situation, this process can expose the employee to be an easy target for some vices for example being discriminated and having a termination of lawsuits wrongfully.
Under the discrimination lawsuits, if the review records of the employee performance depict that the organization does not treat all the workers equally, the organization be face or be charged with potential discrimination charges. This law is used to ensure that there are uniformity and inclusiveness in the company. Employer discrimination depends on its nature (Buller & McEvoy, 2012). The bias can, therefore, be categorized under two major parts: deliberate or inadvertent. The discrimination lawsuit risk depends on whether the organization’s fluctuating conduct towards the diverse groups of employees was centered on firm ground for example gender, race, and sexual alignment.
The other type of legal risk associated with performance management particularly the performance evaluation is the wrongful termination of lawsuits. To begin with, in measuring and evaluating the employee performance, the analysis requires the organization to provide opinions concerning a specific performance of the employees, and this seems to be an excellent method. Moreover, it implies that the organization aftermath manner and practices must be in line with the type of impressions that the company creates in its review settings. The process occurs under two methods: the first one is if the employee is not provided a job at-will, the organization has the power to end the job with an immediate effect. In the further description, the company’s feedback, as well as its actions during the process of employee performance review, can be used as proof of the job termination. Under such a situation, it becomes hard for the company to terminate the job of the employee being reviewed.
However, this typically happens if the employee can provide some evidence that the company’s performance review feedback validates their pleasing performance. This shows how performance reviews are significant in any organization as they can be used to solve numerous problems that arise in the company not only in performance evaluations but also in other sectors like the finance departments (Awadh & Saad, 2013). The second part under the unlawful termination of lawsuits occurs when an employee tends to be employed at-will, and the company might be damaging its capability to legally terminate the job if an individual makes promises concerning constant work in performance appraisals.
The legal risks usually result in some misunderstandings and endless conflicts in an organization. For example, an individual may decide to settle his case to the court when he feels that the company or organization might not help solve the situation. When some of these cases reach the public, they can taint its image and result in some negative effects on the organization. Therefore there is a great need for managing these legal risks. Some of the methods to decrease these issues that surrounds the performance assessments include: the company should standardize its employee performance appraisals to guarantee that it is functionally similar to all the employees. Another way is reducing the outcomes and inferences of each review, and the employees need to sign them. By doing all this, the legal risks will be minimal if they will be there.
References
Awadh, A. M., & Saad, A. M. (2013). Impact of organizational culture on employee performance. International Review of Management and Business Research, 2(1), 168-175.
Buller, P. F., & McEvoy, G. M. (2012). Strategy, human resource management and performance: Sharpening line of sight. Human resource management review, 22(1), 43-56.
Johnson, P. F. (2014). Purchasing and supply management. McGraw-Hill Higher Education.
Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2017). Human resource management: Gaining a competitive advantage. New York, NY: McGraw-Hill Education.
Van Dooren, W., Bouckaert, G., & Halligan, J. (2015). Performance management in the public sector. Routledge.