Untitled Essay, Samantha Thomas
State and municipal immigration regulations are problematic for documented and undocumented immigrants and U.S. citizens, and raise preemption challenges because they can conflict with existing national immigration laws. Although these state and municipal regulations have the potential to benefit immigrant communities, more recently they have been used as tools to disempower documented and undocumented immigrants and, to an extent, U.S. citizens. This paper will look at the legislative conflicts inherent in these regulations as well as their impact on individuals, and businesses.
After months of demonstrations and heated debates on congressional immigration reform, the Comprehensive Immigration Reform Act of 2006 died because it failed to pass the conference committee. Its death marked the birth of a number of state and municipal laws and ordinances designed to do "something" about the "immigration problem." After Congress's failed attempt to pass a comprehensive immigration reform law, local bills were passed to "get tough" on immigration and to send a message to the federal government that something needed to be done and something would be done. Unfortunately, that "something" took the form of 570 proposed pieces of legislation concerning immigrants, at least 90 bills and resolutions passed, and 84 bills signed into law in 32 states in 2006 alone. 1 In 2007, the number of state laws enacted tripled that of 2006, 240 laws compared to 84 laws. 2 Additionally, in 2007, 1,562 immigration bills were introduced and 46 states enacted local immigration laws. 3 These laws address legal and unauthorized immigration in the context of identification/licenses, employment, education, voting, housing, language and public benefits. 4
Despite the proliferation of negative ordinances, not all of the ordinances and state laws are unconstructive. In June 2007, the city council of New Haven, Connecticut passed an ordinance which would allow all residents, including illegal immigrants, to obtain identification cards that would let them open bank accounts and use other services that were previously unavailable without a driver's licenses or state issued identification card. There have been other laws, such as those in New York, Maryland, and Florida enacted to fight human trafficking and the abuse of migrant workers. 5 But these laws are the minority. The majority of proposed and enacted ordinances and state laws have not attempted to give immigrants more rights or to empower them. Rather, these immigration ordinances and laws have been designed to restrict and penalize illegal immigrants and, as a result, documented immigrants and US citizens have suffered.
The state laws and city ordinances are problematic because they add an unnecessary burden on both U.S. citizens and legal permanent residents (LPRs) by forcing individuals and business entities to legitimize their hiring decisions. For example, one Colorado state immigration law, passed January 1, 2006, requires all Colorado employers to examine the legal work status of every newly hired employee and to make copies of all documents that an employee uses to prove work eligibility. 6 The law also requires that the employers sign an attestation confirming under penalty of perjury that the employer did not knowingly hire an illegal worker. 7 Violations of the law result in a $5,000 fine for the first violation and a possible $25,000 fine for all subsequent violations. 8 This law places a legal burden on the employer that surpasses that which is imposed by federal regulations. In accordance to the Immigration and Nationality Act § 274A, employers can accept documents for the I-9 without independent verification as long as the documents reasonably appear genuine. 9 However, these measures would not be enough to satisfy the Colorado state law. Currently, there are at least 25 similar immigration- employment laws in at least 18 states. 10
...decisions to charge people for committing crimes. Attorney General acts as a legal advisor to the Government. Relator Actions.
Chief State Solicitor acts on behalf of the state.
Judge applies the law and oversees the legal process in a court.
Solicitors offer legal services and represent clients.
Barristers represent clients.
5. Legalisation that was cited in the above case.
Road Traffic Act 1961, Section103 (15), Subsection (13), Subsection (4), Section 103(2) (a)
Section 103(7) (d), Courts Act (No. 3) 1986.
6. Proceedings in a court.
Court Proceedings are commenced by the issuing of a summons in a criminal case or by a bill in a civil case. Proceedings in a case would follow:
Jury sworn in (if applicable)
Arraignment of accused
Prosecution opening, followed by Defence opening.
Prosecution/Defence witnesses, examination in chief, cross examination, re-examination.
Requisition on charge
6. Evidence in the Court.
Mr Tully appealed an earlier decision from the district court to circuit on the grounds that he had not received the fixed penalty notice and that therefore his conviction was flawed.
Garda Moroney gave evidence that he forwarded details to have fixed penalty applied after he recorded Mr Tully exceeding the speed limit on 14/5/2008. He did not receive any notification that the notice was returned.
Mr Tully’s legal...
Slovak immigration to the United States began in the late 1870s, when Slovakia was a part of the Austro-Hungarian Empire administered by Hungary. Because U.S. immigration officials did not keep separate records for each ethnic group within the Austro-Hungarian Empire, it is impossible to determine the exact number of Slovak immigrants who entered the United States. Between 1880 and the mid-1920s, approximately 500,000 Slovaks, mostly men immigrated to the United States.
Before 1899 U.S. immigration officials listed immigrants by country of birth. Thus, until 1899 Slovaks were recorded as Hungarians. Even after immigrants were enumerated by nationality, the Magyarization policies had been so effective that many Slovaks did not identify themselves as such. Also, perhaps one-third of the Slovaks who came to the United States were not immigrants but instead migrants. Often called "birds of passage," they worked temporarily in America and then returned to Europe. They wanted to earn money to buy property in their homeland. It was common for Slovaks to make several trips between the United States and Upper Hungary.
Over time, many birds of passage decided to stay in America and sent for their families. The reasons for staying varied. Some were unable to save enough money to buy land and in some regions of their homeland no land was available. Others decided that America promised a better future while others married and decided to stay.
...Legal Essay – Consumer Law
“Discuss whether the current law adequately protects consumers.”
A consumer can be defined as someone who buys the goods or services purchased for private use or consumption. The effectiveness of the law in protecting consumers has been effective but also non-effective because an assessment of its effectiveness can only be reached by a realisation of the development of consumer law in Australia. The legislation applies legal measures like laws such as the Trade Practices Act 1974 (cth), Consumer Protection Act 1969 (NSW) to help protect consumers. A wide variety of non-legal measures exist which aim to achieve justice for consumers. These include redress and remedies such as self-help and the media; however the legislation is quite ineffective in areas of consumer protection such as occupational licensing and contract rights.
One mechanism that protects consumers is the development of the Trade Practices Act 1974 (cth). These acts ensure the rights of consumers as well as fair trade, competition and accurate information in the marketplace. In the case ACCC v Target Australia Pty Ltd (2001) FCA, the Australian Competition and Consumer Commission (ACCC) took action against Target for misleading deceptive conducts from their target advertisement. Target was breached under the Trade Practices Act 1974 (Cth) which prohibits misleading and deceptive conduct. The ACCC took target to court and enforced its...
...world immigrating to the United States is the American dream in itself. The United States has had immigration policy in effect that dates as far back as its birth. Immigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants, settlement pattern, impact on upward social mobility, crime, and voting behavior. The controversy of illegal and legal immigrants is seen and disputed in our everyday life; it has become part of political campaigns every 4 years with new laws and old laws being revised. Although the idea of extending open arms to those searching for a better life is heartwarming, the negative effects of such rampant illegal immigration are detrimental to the United States, legal immigrants and its natural-born citizens.
The United States has been relaying on immigrants for the growth of population since its birth, however, the effects of rampant illegal immigration are detrimental to the citizens and permanent residents. There are currently 11 million unauthorized immigrants living in the United States, with an average of 500, 000 new entrants arriving over the last decade. As many as two –thirds of unauthorized immigrants enter the country by crossing the US-Mexico border, with the remaining 30-40 percent...
INNOVATIVE INTERNATIONAL COLLEGE
T1 – Definition of Law
What is the Law?
The Law of a particular state is the body of rules designed to regulate human conduct within that state. This can be defined clearly as an organised system of principles and rules designed to control and influence the conduct of individuals and groups. The aim of most legal systems, officially at least, is to provide a means of resolving conflicts in a fair and harmonious way. All legal systems are strongly influenced by the major forces that shaped the society in which they operate.
Consequently there are three types of rule:
Rules, which forbid certain types of behaviour under threat of penalty.
Rules, which require people to compensate others whom they injure in certain ways.
Rules, which specify what must be done in order certain types of human activity, example: to form a company, to marry, or to make a will.
Although it is inevitable that the courts will make some rules, Parliament is the sovereign body. It can therefore impose new rules or abolish any existing rules. The basic role of the courts is to interpret these rules, decide whether they have been broken and pass sentence or make an award of compensation.
Law and Morality
The law, which is enforced by the courts, must be distinguished from what is sometimes referred to as ‘natural’...
...1. The IPX/SPX protocol was primarily used in which operating system? b. NetWare
3. An IPv6 address is made up of how many bits? d. 128
5. The subnet mask of an IP address does which of the following? c. defines which part of the address specifies the network portion and which part specifies the host portion
7. A nonroutable protocol does not operate in which layer of the OSI model? e. Network
9. Which of the following is a private IP address and can’t be routed across the Internet? b. 172.19.243.254
11. As data travels through the OSI model, the _________ layer is responsible for splitting the data into segments. Transport
13. Which of the following is a reason to subnet? (Choose all that apply.)
* a. Networks can be divided into logical groups.
* c. Subnetting can decrease the size of broadcast domains.
15. NetBEUI is well suited for large enterprise networks because it’s very fast. True or False? False
17. Which Transport layer protocol reduces overhead? a. UDP
19. Which of the following protocols resolves logical addresses to physical addresses? e. ARP
21. Which of the following protocols provides connectionless service? (Choose all that apply.)
* a. IP
* b. UDP
23. Which of the following does TCP use to establish a connection? c....
Legal Research Assignment-Legal Encyclopedias on page 77-78, Questions 1-4.
1. Answer the following questions concerning legal encyclopedias:
a. What are the names of the two most widely used national legal encyclopedias?
Corpus Juris Secundum and American Jurisprudence 2d
b. What are the common abbreviations for those names? C.J.S and Am.Jur
c. What is thelegal encyclopedia for your state?
Fl.Jur.2d - Florida Jurisprudence, Second Edition The encyclopedia provides narrative discussion of topics with references to specific cases and statutes in the footnotes
Legal Research Assignment-American Law Reports on pages 81, Questions 1-3.
a. What is the citation to the annotation discussing defendant’s initial sex offender classification under sex offender registration statutes?
b. What is the citation to the case on which the annotation was based? (Cite to regional reporter only.)
c. What is the purpose of sex offender registration statutes?
d. Does Internet publication of information concerning a registered sex offender following that person’s release from confinement and supervision violate that person’s privacy and liberty interests? Why or why not?
2. a. What is the citation to the annotation discussing the availability of...
...argument of purposive and social contract are discussed from extreme ends. – (but from a Locke perspective the line would be drawn that every person has a right to life.) He is defending See p 6
3. Assumption of the nature of law here is Positive – Natural Law – but he seems to sway towards mercy and purpose see pg 5 & 9
c. Tatting J
i) Are Tatting J's Criticisms of Foster J Compelling?
Compelling. He disagrees with the state of Nature argument
ii) Is the case so vexed that there is no legal answer? No, legally they broke a the commonwealth law of murder and the fact that 10 people risked their lives for the 5 explorers freedom.
Session II 1. Law & Philosophy
The philosophical legal debate in Australia, like for instance The Bill of Rights – we disagree about justice so much that the best we can do is give out opinions in the hope that the judges may sway with the communities opinion.
By making a bill of rights in writing is law
Aristotal – we are by nature political animals and that people are born into families
Naturally families congregate with in villages
Socraties – thought of Athens like is mother, could not abandon, says I could go to another city, but did not want to go, as a good city would not take a person who condemned him and a...