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Laws and Balance Among the States
Laws and Balance Among the States
Order ID 53003233773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Laws and Balance Among the States
What are some things that you feel the founding fathers got right in drafting the Constitution? Other than the obvious (slavery, women’s rights, etc.) what are some things that you feel the founding fathers got wrong?
he union sued the MTA and the State of New York for violating international labor law standards. The United Nations has within it a specialized agency called the International Labor Organization (ILO) that writes standards about wages, working conditions and union rights. One of those rights is the right to strike. The ILO also has a tribunal that hears cases in violation of its standards. First, the case went into a state trial court in Brooklyn, in the matter of the injunction. The judge granted the injunction, that it, he ordered the union to return to work and end the strike. When this didn’t happen, the judge issued a contempt of court order against the president of the union, Roger Toussaint. At the same time, an administrative law judge was hearing a parallel case dealing with the contract negotiations that had been going on between the union and the MTA. This part of the process of litigating the strike stemmed from a state law, the Taylor Law, that created the right of workers to join a union and bargain a contract, but not the right to strike. So now there are two tracks that is reviewing the strike situation. Administrative law is outside civil or criminal law and is handled in its own sphere of law. This is entirely related to the state law in this case. The decision of this administrative law case goes against the union. Meanwhile, the union and the MTA are back in a trial court on the issue of the strike itself. This judge is the same one who ruled on the injunction so it is no surprise that he decided again against the union on the grounds that the union violated the Taylor Law. It upheld all the penalties. The union appealed to the New York State Appellate Division and lost again.At that point, the president of the union, Roger Toussaint, took a dramatic turn. Instead of continuing in the New York State Unified Court System and appeal to the highest NYS Court, the Court of Appeals, he proposed that the union go directly to the ILO for a decision by the Committee on Freedom of Association (CFA), a committee of the ILO that adjudicates exactly these kinds of disputes.The membership of the ILO is what is called tripartite, in other words, composed of three distinct constituencies: the government, the employers and the workers. Every nation that belongs to the ILO (currently 187 out of the total 193 nations of the United Nations) sends two representatives from the government (usually a department of labor), one representative from business (now from an organization called United States Council for International Business) and one representative labor (traditionally the largest umbrella organization in the nation for labor unions—in the United States, the AFL-CIO). All committees of the ILO, including the CFA, mirror this tripartite representation so when the CFA makes a decision it has been reviewed by all three groups who come to a decision by consensus, not by majority vote. This means that people who come from very different backgrounds and have divergent perspectives have agreed on the decision.The TWU submitted its Complaint (statement of what it wants the CFA to say in its favor) in November 2008.
Laws and Balance Among the States
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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