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Papers On Law & Legal Systems
Page 17 of 55
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Does Britain Have a Constitution?
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This 7 page paper considers if Britain may be seen as having a constitution. The writer argues that although there is no written constitution, the collection of informal and formal customs and conventions can be collectively seen as an unwritten constitution. The bibliography cites 7 sources.
Filename: TEbricon.rtf
Does Membership of the European Union Erode Parliamentary Sovereignty?
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This 10 page paper considers what is meant by parliamentary sovereignty and how this manifests. The paper then looks at the UK’s membership of the European Union and how this membership may potentially erode sovereignty. The paper also examines how the potential erosion is kept to a minimum with checks and balances. The bibliography cites 12 sources.
Filename: TEeusovg.rtf
Does the Constitution's Fourth Amendment Protect Information Contained in a Paging Device?
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This 10 page paper provides an argument that protection of fourth amendment rights is diminishing. The focus of the discussion is on recent legislation which gives law enforcement agents more leeway in accessing numeric pager information. 10 sources listed.
Filename: SA040Pg.rtf
Does the Federal Government Need an Independent Counsel?
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This 3 page paper argues that although it needs revision, the office of independent counsel should be retained. Bibliography lists 1 source.
Filename: HVIndCon.rtf
Does The High Profile Status Of A Criminal Case Affect Investigators' Decisions?
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5 pages in length. Media coverage has historically proven to be both a blessing and a curse where the judicial system is concerned. The extent to which print, radio and television reporting serve to inform the public as the trial progresses is both grand and far-reaching; that a fine line separates the beneficial element of such coverage from the one detrimental to investigators' decisions speaks to the inherent disadvantage to a criminal case having a high profile status. Bibliography lists 6 sources.
Filename: TLCCrimHiProf.rtf
Does the Rule of Law protect the Government?
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This 5 page paper considers whether or not the Rule of Law protect the government in its daily activities with the arguments based on UK case law looking at both the legal and political impact of the doctrine. The bibliography cites 5 sources.
Filename: TErulegov.rtf
Does Trying Juveniles as Adults Deter Adult Crime?
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This 4 page paper discusses the concept of trying juveniles as adults, the idea behind it, and whether or not it will have the effect of deterring other juveniles from committing crimes; or the original offenders from committing further crimes as adults. It further argues that the answer is "No, trying kids as adults does not deter crime later." Bibliography lists 3 sources.
Filename: HVJuvTry.rtf
Domestic Violence Health Care Response Act: House Bill 1959: Pennsylvania
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A 5
page paper which discusses an act put into play in Pennsylvania in order to assist health
care workers respond to acts of domestic violence, and further educate those involved in
the health care profession regarding domestic violence. A brief history of the bill, and the
reality of domestic violence in Pennsylvania is presented, an overview of those involved in
passing the bill, a summary of the bill, and how this bill is proposed to help those in the
health care industry, as well as those suffering from domestic violence. Bibliography lists 6
sources.
Filename: RApabill.wps
Don Imus: Wrongfully Treated?
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A 6 page paper that argues how Don Imus’ offense was no greater than offenses one hears every day in society. Bibliography lists 6 sources.
Filename: RAdimus.rtf
Don't Ask Don't Tell
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A 6 page paper which discusses the "don't ask don't tell" policy of
the United States military. The aspect addressed concerns the court case Thomasson v.
Perry, Judge Wilkinson, dissenting opinion of the court, and the general conditions of
conduct in the military. The sources used are that of the original court hearing and the
appeal. No additional sources cited.
Filename: RAdontask.wps
Donald P. Roper v. Christopher Simmons
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This 4 page paper evaluates this appeal to the Supreme Court regarding a death penalty issue. The paper argues that the Court did not consider enough evidence pertinent to the ideation of the death penalty in America today. Bibliography lists 2 sources.
Filename: SA418DPR.rtf
Dorothy Rabinowitz's "No Crueler Tyrannies: Accusation, False Witness, And Other Terrors Of Our Times"
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3 pages in length. Rabinowitz's argument in No Crueler Tyrannies : Accusation, False Witness, and Other Terrors of Our Times speaks to the unjust element in the justice system, where innocent people can be arrested, put on trial and convicted of crimes not only did they not commit but based upon wholly inadequate and unsubstantiated evidence. One readily compares the author's enlightening – if not utterly unsettling – accounts with that of the Salem witch trials where personal agenda was the sole motivation that fueled one of history's most horrendous miscarriages of justice. No additional sources cited.
Filename: TLCRabinowitz.rtf
Double Jeopardy:
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This 5 page paper defines the term Double Jeopardy and examines its occurance in the legal system. This paper traces the history of Double Jeopardy and cites some cases as examples. Bibliography lists 2 sources.
Filename: GSDouble.rtf
Drawing Case Law/A Case Synthesis Exercise
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A 3 page essay that outlines a law case scenario and then describes two cases that are relevant to the scenario. Based on these 2 cases, the writer argues on the rationale of the court in deciding this case. No bibliography is provided.
Filename: khlcsce.rtf
Dred Scott v. Sanford & Bowers v. Hardwick
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A 5 page paper that compares and contrasts the decision in Dred Scott v. Sanford with Bowers v. Hardwick in regard to discrimination based on sexual orientation and race. The paper looks at the court's opinions in regard to constitutional interpretations of discrimination. Bibliography lists 5 sources.
Filename: Bowers.wps
Drug Offenders - Disposition Of Cases
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A 4 page paper that discusses some of the procedures for handling drug cases in the judicial system. Drug trial courts and intermediate sanctions are explained, along with discussion about their degree of success. Bibliography lists 4 sources.
Filename: PGdrgc.rtf
Drug Testing In New York State
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A 5 page paper analyzing the debate on the implementation of drug testing policies at the school, governmental, and private-sector levels. The writer concludes that the legal risks and ramifications of drug testing must be weighed against the practice's potential benefits. Bibliography lists 5 sources.
Filename: Nydrug.wps
Drug Testing in the Workplace #2
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An 8 page, socio-legal analysis of issues concerning search and seizure as they relate to mandatory drug testing in the workplace. Various cases are cited. Bibliography lists at least 10 sources.
Filename: Drugtes2.wps
Drug Testing: Methods, Legalities, and Ethics
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A 5 page discussion of drug testing. The occupations affected by drug testing are indeed diverse. So too are the methodologies employed by various drug testing programs and by the laws and ethics that pertain. The subject is further complicated by the varying positions taken on drug testing by states, private entities, and the federal government itself. Bibliography lists 5 sources.
Filename: PPdrgTs2.rtf
Drugs & Crime in the US
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A 10 page research paper that discusses the connection between crime and drug use, which the writer points out has been well documented in many empirical studies. Offenders who are involved with drugs have higher rates of criminal activity and it has been shown that there is a direct correlation between the level of drug use and an increase in the severity of criminal behavior. Conversely, when drug use decreases, so does crime, especially crimes that are income generating. This examination of the links between drugs and crime explores the causal relationship between these two elements, exploring how drugs and crime interrelate, as well as which drugs are associated with specific types of crime. Bibliography lists 5 sources.
Filename: khdrcrus.rtf
Drugs and Crime
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An 11 page research paper that summarizes the first three essays in Drugs and Crime, edited by M. Tonry and J. Wilson. This volume offers a compilation of research on drugs and crime that comprehensively covers this topic to 1990. No additional sources cited.
Filename: kh3esdrc.rtf
Due Process
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Approximately 5 pages in length. Discusses the background and purpose of due process laws with a focus on trends during the early 1990's. Emphasis is upon the case of Bostick v. Florida. Bibliography lists 5 sources.
Filename: Dueproce.wps
Due Process And Crime Control Models: Shaping Criminal Procedure Policy
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3 pages in length. The writer briefly discusses the impact due process and crime control models have had upon criminal procedure policy. Bibliography lists 1 source.
Filename: TLCDuePrCrm.rtf
Due Process and the Definition and Delineation of Individual Rights
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A 12 page exploration of the many facets of due process. This paper traces the evolution of due process from the Fifth Amendment, to the Fourteenth Amendment, to the Patriot Act and its many impacts on the interpretation of this key Constitutional provision. Bibliography lists 10 sources.
Filename: PPlwDueProcess.rtf
Due Process of Law
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A 10 page paper on due process of law under Miranda and Gideon as they apply to Fifth and Fouteenth Amendment Constitutional rights re equity in right to counsel. The paper argues in defense of these rights by providing opposing arguments and making a strong argument in support of continued protection of equitable rights for individuals. The argument relies on these cases and Constitutional law in relationship to the due process procedures defined by these cases. Bibliography lists 8 sources.
Filename: Dueprlaw.wps
Due-on-Sale in Michigan
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A 6 page memo to a law practice client in Michigan explaining the due-on-sale clause of the mortgage contract and Michigan law, and why she cannot circumvent the law by writing a land contract effectively selling the land on which a house is situated without also paying off the mortgage so that a new one – at higher interest – can be written. The memo provides issues of law, a discussion and conclusion. Bibliography lists 4 sources.
Filename: KSlawMIdueOnSale.rtf
DUKE V. WAL-MART INC: CLASS-ACTION QUESTION
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This 8-page paper discusses the case of Duke v Wal-Mart Inc. and its implication to future class-action suits and business. Bibliography lists 3 sources.
Filename: MTdukevwal.rtf
Duties of Trustees Over Their Investments
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This 7 page paper discuses the statement “On the one hand the law gives the trustee the same powers of investment as those of an absolute owner; on the other hand he can not exercise such powers as can an absolute owner”. This is considered by looking at the powers and duties of a trustee paying particular attention to the constraints on the exercise of a trustee's power of investment. The paper is writer with reference to English law. The bibliography cites 7 sources.
Filename: TEduttrust.rtf
Duty of Care
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This 10 page considers the duty of care in different instances including the duty of a land occupier and an employer. Three cases are considered, the first looks at a child trespasser that is injured on railway property, the second looks at a secretary with repetitive strain injury and the third considers a death that occurs as the result of a cable snapping on lifting equipment. The situations are each considered using relevant statutes and case law. The paper is written with reference to English Law. The bibliography cites 4 sources.
Filename: TEtrespa.rtf
Duty to Care; UK Law
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This 8 page paper considers the aspect of duty to care that was laid down by the case of Donoghue v Stevenson (1932), and considers the way in which the House of Lords made their decision in the case of X and others (minors) v Bedfordshire County Council (1995). The writer considers if the decision that was reached can be seen as beyond criticism. The bibliography cites 3 sources.
Filename: TEdutyca.rtf
Dying Declarations and the Hearsay Rule
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A 20 page discussion of the exception to the hearsay rule offered for dying exceptions. Defines hearsay and the conditions under which dying declarations are admittable into a court of law under Federal law. Outlines the Western view that these declarations are inherently truthful due to an underlying fear of divine punishment. Discusses the variables which enter into the validity of these dying declarations including a person physical and mental status at the time they are issued. Questions the validity of dying declarations and the appropriateness of their use. Bibliography lists 8 sources.
Filename: PPhearsa.wps
E-Commerce and the Law
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This 12 page paper considers the risks of e-commerce identifying breach of copyright as one of the most relevant, followed by privacy concerns of employees and confidentially concerns of employers. The writer considers this from a UK legal perspective. The bibliography cites 12 sources.
Filename: TEecomnt.rtf
E-commerce Application and Law
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A 9 page paper answering 6 questions about “legal issues surrounding computer technologies and the challenges posed to Information Technology professionals by the growth of the Internet and the Web. Topics include intellectual property issues such as copyright and trademark issues, privacy, governmental regulation and ethics.” Bibliography lists 11 sources.
Filename: KSecommLegalIP.rtf
E-Commerce; International Trade and Virtual Contracts
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E-commerce has created many opportunities for international trade. There are also many difficulties when seeking to regulate a contract made in a virtual world. This 20 page paper looks at the problems that can be created by the lack of a paper trail and the difficulties in determining if and when a contract is enforced and then regulating that contract. The paper discusses the problem in relating to English law and how disputes may be interpreted by the courts including a discussion of the Kodak case which never reached court and the argument to use supporting documentation, such as Bills of Lading as supporting documentation. The paper then considers the international position in more detail, looking at the EU directive and issues of jurisdiction. The bibliography cites 17 sources.
Filename: TEecomcontract.rtf
E-Commerce; The Need for an International Treaty
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This 22 page paper discusses the following statement. Given the global nature of e-commerce, attempts to create an efficient set of legal rules that regulate consumer protection within the UK and Europe are short sighted. What is really required, in order to guarantee the success of e-commerce, is an International Treaty dealing with consumer protection and an International Commercial Court, which does not suffer from any jurisdictional difficulties. The bibliography cites 26 sources.
Filename: TEecomtreaty.rtf
Eain v. Wilkes 641 F.2d 504
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This 3 page paper outlines the case of Ziyad Abu Eain who, using a writ of habeas corpus, sought to avoid an application for his extradition to Israel following his implication in a PLO bombing that killed 2 and injured 30; which was seen as a terrorist action. The paper outlines the case against him and the way in which the courts looked at the case with reference to the extradition treaty, the claims of insufficient evidence and attempt to use a political exemption clause. The bibliography cites 2 sources.
Filename: TEeainwlk.rtf
Early Law / The Rights Of A Patron
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A 5 page paper discussing the relationship between the Digest that was part of the Corpus Iuris Civilis ordered recorded by Emperor Justinian of the early Byzantine Empire, c. 534. Only two Articles of the body of civil law of the Empire are examined here (Articles XIV and XV), but their relationship to the evolution of the lord and serf relationship of medieval Europe is clear. Remarkably, they even retain applicability to life today. Ariticles XIV and XV address the rights of the patron and the obedience to parents and patrons required of children who were under the age of majority, which at that time was 25. Bibliography lists 1 source.
Filename: Patrons.doc
Early Legal Codes
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A 4 pages research paper that contrasts and compares various ancient legal codes that have survived to the present, specifically Aristotle's Politics, the Torah, the Code of Hammurabi and the Roman Twelve Tables. The writer argues that these legal perspectives share common themes, but evolved slowly toward less retributive measures. Bibliography lists 4 sources.
Filename: khlegcod.rtf
East Timor; Was it Genocide?
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This 8 page paper considers the definition of genocide and the events that occurred in East Timor, focusing on the post ballot period of 1999. The 1948 convention has a definition that is open to interpretation regarding issues such as intention. This paper consider how, the events may be considered as Genocide, and why the charge may be difficult to bring, epically with the additional criteria or requirements recommended by the Preparatory Commission for the International Criminal Court. The bibliography cites 10 sources.
Filename: TEgenocide.rtf
Economic Loss in Tort
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This 5 page paper considers a case supplied by the student where a doctor gives wrong information to a potential employer, loosing the potential employee the job. The paper considers if, under English law, a case for pure economic loss could undertaken. The paper cites numerous cases before a conclusion is reached. The bibliography cites 3 sources.
Filename: TEecloss.rtf