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Papers On Law & Legal Systems
Page 18 of 55
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Eighth Amendment : Cruel And Unusual Punishment
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This 10 page paper explains and discuses Amendment VIII of the U.S. Constitution, which reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The discussion centers on the phrase "cruel and unusual punishment." A great number of cases alleging cruel and unusual punishment have reached the level of the U.S. Supreme Court and it is from these cases that we derive at least partial interpretations of what would be considered an act that violates the Eighth Amendment. Cases discussed include: California's "Three Strikes, You're Out" law, the death penalty for mentally retarded persons, and punishments inflicted on prison inmates by their guards, among others. Bibliography lists 11 sources.
Filename: PGamend8.rtf
Eighth Amendment: Overview
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3 pages in length. The Eighth Amendment to the United States Constitution protects individuals against excessive bail and fines, as well as cruel and unusual punishments; pertinent to this particular amendment is the treatment of inmates. In spite of myriad frivolous federal lawsuits brought about by prison inmates who claim their constitutional rights under the Eighth Amendment have been violated, there is a window of protection within the scope of this amendment that affords them safekeeping against "being deprived of the basic necessities of life, such as food, shelter, health care, or personal security" (Hamden 15). However, it is the extent to which the deprivation of these inherent rights can be proved that establishes whether or not the Eighth Amendment has, indeed, been violated. Bibliography lists 2 sources.
Filename: TLC_8thA.rtf
Electric Utilities and the Internet
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A 5 page research paper that examines the changes that have been instituted in this quickly changing industry. The writer discusses how recent legislation has opened up the marketplace regarding energy use and how utilities are meeting these new challenges via Internet technology. Bibliography lists 5 sources.
Filename: Netutili.wps
Elian Gonzalez
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A 5 page background of the Elian Gonzalez case, the six year old Cuban refugee whose mother died on the boat journey to political asylum in the U.S. Elian has become an object of contention as to whether he should be allowed to remain in the U.S. or returned to Cuba. Presents the argument that U.S. precedent is clear in the matter, Elian is a Cuban refugee and Cuban refugees have been openly accepted by the U.S. government. Concludes that they boy's father, who remains in Cuba and has expressed his wishes that Elian be returned, gave up his right to determine the fate of Elian when he allowed him to leave Cuban soil. Bibliography lists 1 source.
Filename: PPelianG.wps
Emancipation Of Children
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A 25 page paper discussing the liberation of children from their parents' control. The emancipation of children from the control of their parents has been an issue in this country for years. Twenty years ago, adults were nearly at a loss for any sense of control over the actions of their teenage children. Though many of the more radical measures have since been neutralized, parents are still at risk if they impose any measure of forced control over their dependent children who are approaching the age of majority. There are also those who believe that the age of majority should be lowered from 18 to 16, along with applicable child labor laws so that those between the ages of 16 and 18 can be employed in a manner in which they can support themselves and so be fully independent of their parents should they choose to do so. Bibliography lists 16 sources.
Filename: Emanchi.wps
Emergency Treatment and Labor Act (EMTALA)
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A 4 page overview of the conditions stipulated by this law. The author reviews a recent case where a woman in premature labor admits to the ER and is subsequently admitted. When her infant is born it only lives two hours because it did not receive adequate care because of a technicality in EMTALA. Bibliography lists 3 sources.
Filename: PPnrsemtala.rtf
Eminent Domain
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A 5 page overview of the implications of the 2005 Supreme Court Ruling that pubic use is served by the taking of private property for the purpose of private development. This paper presents both sides of the issue but takes a positive view of the process. Bibliography lists 3 sources.
Filename: PPeminDm.rtf
Emotional Distress; A Case Based on California Law
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This 6 page paper is a memo put together from material supplied by the student concerning a fictitious case where there is a potential claim for intentional infliction of emotional distress. The memo outlines the facts, considers the relevant legislation and cases including Christensen v. Superior Court (1991) and Saari v. Jongordon Corp. (1992).
Filename: TEemodis.doc
Employed or Self-Employed?
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This 3 page paper looks at the case of a worker and determines if, under Irish employment law they would be deemed to be self employed or an employee. The paper shows how this determination would be made and refers to Irish case law. The bibliography cites 1 source.
Filename: TEempsee.rtf
EMPLOYEE BENEFITS AND LEGISLATION
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This 10-page paper examines certain employee benefits and legislation connected with them. Under discussion are pension and benefits acts, the Family Medical Leave Act and the Americans with Disabilities Act. Bibliography lists 3 sources.
Filename: MTempben.rtf
EMPLOYEE DISCRIMINATION POTENTIAL
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This 3-page paper focuses on two potential cases of employment discrimination dealing with race and dress code. The paper discusses the EEOC laws regulating these two factors and how a plaintiff and respondant would act in such situations. Bibliography lists 4 sources.
Filename: MTempdis.rtf
Employee Drug Testing: Necessity or Violation of Privacy?
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A 5 page overview of the issues surrounding mandatory drug testing in certain occupations. This paper reviews several of the laws pertaining to the issue, concluding that the federal law allowing drug testing for those in critical positions in defense and transportation is necessary. Equally necessary, however, is mandatory testing in the medical profession, law
enforcement, and any other occupation where human lives are at stake. Bibliography lists 7 sources.
Filename: PdrgTs3.rtf
Employers' Responsibilities to Employees in Natural Disasters
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This 20 page paper discusses the question of what duty employers owe to their employees in the event of natural disasters. Bibliography lists 12 sources.
Filename: HVEmResp.rtf
Employment Discrimination Laws: Who Is Protected And Methods For Guaranteeing That Protection
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3 pages in length. The extent to which employment discrimination has long been an ongoing social ill is both grand and far-reaching; that myriad federal laws have been enacted over the last fifty years to ensure equity in the workplace speaks to overruling the intolerance toward various segments of society. Under the umbrella of the Civil Rights Act of 1964, Title VII prohibits any race, color, religion, sex or national origin to be discriminated against for employment; however, those who engage in drug or alcohol use are not protected under Title VII no matter if they fall under any of the above categories. Bibliography lists 4 sources.
Filename: TLCEmpDiscLw.rtf
Employment Division v. Smith (Summary and Analysis)
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This 3 page paper provides a summary of the case and names which justices on the Supreme Court agreed with the decision, and which ones dissented. Implications of the case are duly noted.
Bibliography lists 2 sources.
Filename: SA540law.rtf
Employment Inequalities and the Civil Rights Act of 1964
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A 7 page overview of the goals and objectives of the Civil Rights Act of 1964. A particular emphasis is placed on Title VII of this Act. This paper points out the goals and objectives of this Act have yet to be fully achieved. Bibliography lists 8 sources.
Filename: PPcivRtActPolicies.rtf
Employment Law and Employer Duties; A Case Study
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This 9 page paper looks at a case concerning English employment law and assesses three different scenarios. The first concerns the way that work conditions are provided with cramped conditions and glaring computer monitors. The second issue concerns vicarious liability of the employer for an employee who catapults scissors across a room and injures another employee. The last issue considered is a scenario where an employer writes a false reference. The bibliography cites 4 sources.
Filename: TEeevicarious.rtf
Employment law and small businesses
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A twelve page paper which considers recent legislation in Britain relating to employment and employees’ rights, and looks at the ways these changes in the law affect small businesses in terms of increased responsibility and administration.
Bibliography lists 14 sources.
Filename: JLemploylaw.wps
Employment Law and the Office Gossip
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A 4 page paper discussing an uncomfortable employment situation. A director has voiced this complaint apparently only on hearsay, naming the employee that supposedly is acting so unprofessionally without giving any indication that the director has directly spoken to the employee about the matter. Though the director has not acted well herself, she asks for information regarding employment contracts vs at-will employment; requirements for termination; and the wisdom of changing workers’ status from employee to independent contractor. Bibliography lists 3 sources.
Filename: KSlawEmpl.rtf
Employment Law Case Study
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This 4 page paper is based on Australian law and looks at a case submitted by the student where unfair dismissal is considered and the ownership rights of intellectual property that was created by the employee in the course of their work. The bibliography cites 8 sources.
Filename: TEaueelw.rtf
Employment Law; An Australian Case Study
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This 6 page paper is written in three parts considering different aspects of Australian law. The first part considers whether an employee can maker a claim under the workers compensation schemes. The second part considers the duty of care of the employer and the third looks as a potential claim of sexual harassment under discrimination laws. The bibliography cites 8 sources.
Filename: TEaueecs.rtf
Employment Legal Issues
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A 7 page paper. The writer responds to three different scenarios. One focuses on an implied contract where the personnel manual states progressive discipline in an at-will work situation. The next focuses on both sexual harassment and sexual discrimination regarding supervisor and employee and the last one deals with OSHA safety standards and workers compensation. Bibliography lists 8 sources.
Filename: PG3lgemp.rtf
EMPLOYMENT SITUATIONS AND LEGAL RAMIFICATIONS
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This 5-page paper is a discussion about the Age Discrimination in Employment Act, its provisions and remedies. Bibliography lists 4 sources.
Filename: MTfedeempl.rtf
Employment: Civil Rights
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A 5 page paper which argues for the importance of employees’ civil rights. Bibliography lists 5 sources.
Filename: RAci.rtf
Enforcing Covenants
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This 4 page paper considers when covenant may be enforceable by looking at two situations where convents have been made and the original purchaser has sold the land to another purchaser. The bibliography cites 5 sources.
Filename: TEcovent.rtf
England And Wales: Court Reluctance To Intervene In Family Relationships?
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10 pages in length. Prior to the concept of law, man followed no organizational legal system whatsoever. Being that ancient populations were not that abundant, with large plots of land essentially keeping people separated from one another, there was no pressing need to establish any laws; however, as these populations grew, so did the necessity for legal regulation. Inasmuch as the primary manner by which people were handling their legal disputes was by method of killing, the time had come when man determined that this was no longer an acceptable behavior for what was to be
considered a civilized people; thus, a rudimentary legal system was born. The writer discusses how British and Welsh courts may be reluctant to intervene in certain issues. Bibliography lists 13 sources.
Filename: TLCwales.wps
English and EU Law; Sex Discrimination Law
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This 14 page paper considers the development of sex discrimination legislation in England, how it has developed, the way it impacts on employers, employees, management and unions and its’ limitations. Numerous cases are cites to illustrate points raised. The bibliography cites 15 sources.
Filename: TEsexdis.rtf
English Contract Law; Offer, Acceptance and Revocation
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This 8 page paper looks at a case study provided by the student. A newspaper advertisement has a promotion, where once tokens are collected the collectors can gain free entrance to a water park. Upon collecting them, two individuals find when they get to the park the offer has changed. The case is analysed to see if there has been a breach of contract, issues considered include looking offer and acceptance, including the idea of an invitation to treat, the law regarding the withdrawal of an offer and the potential remedy. The bibliography cites 6 sources.
Filename: TEconoar.rtf
English Employment Law Issues
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An 8 page paper. Two situations are presented by the student – employees suing a company, one for stress endured on the job and one for a poor reference. The writer explains specific English laws, including Unfair Dismissal, Wrongful Dismissal and the law of negligence. Cases are presented to demonstrate how courts have ruled. Bibliography lists 8 sources.
Filename: PGUKlaw.rtf
English Insolvency Law; Does it Have International Respect?
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This 14 page paper critically evaluates the extent to which English insolvency law currently meets the aim to ensure
due recognition and respect abroad for English insolvency proceedings. The paper looks at the different corporate cultures in England, where there has been a creditor bias, compared with Europe and countries such as Germany and France rather than a debtors bias in bankruptcy laws. The paper includes consideration of the Insolvency Act 1986 and how this reflected the market needs of the time, and then looks to the more recent European Council Regulation 1346/2000. This has had the aim of simplifying insolvency proceedings, the paper examines how the English courts have been flexible and compares this to Germany. The bibliography cites 16 sources.
Filename: TEinsolv.rtf
English Law: Transfer of Property
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(5 pp) The transfer of all kinds of property
requires strict compliance with the relevant
formalities. This is especially true in the case
of land; informal transactions in land are an
anathema to the law. These statements form the
basis for the discussion of this paper.
Bibliography lists 5 sources.
Filename: BBuklnd.doc
English Law; 6th – 10th Century
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This 6 page paper considers the law during this time and by examining the theory and function of the law the writer considers if the law was more symbolic or functional. The bibliography cites 5 sources.
Filename: TE610cen.wps
English Legal Process: Entertainers, Drugs And Insurance
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6 pages in length. Venus, a famous pop star, applied for 10 million pounds of life insurance to MegaLife, an insurance company; as expected, the insurance company was anxious to know whether Venus was on drugs. Slick, an employee of MegaLife, telephoned Orbit's contracted Dr. Irvine Kiljoy, whose job it is to keep an eye on the health of such pop stars as Venus who are signed up with the Orbit label. Slick deceitfully told Dr. Kiljoy that Venus had consented to his supplying MegLife with information about herself, which Dr. Kiljoy believed because Venus had that very morning left the following message on his answer phone: "Kiljoy, I want you to write a report for me; it is not about my health, it is a personal business matter." Unknown to Kiljoy was the fact that this was a reference to litigation Venus was planning against a restaurant where she had been served salmonella laced soup whilst on tour promoting her latest hit single "Heavenly Body." Based upon this misunderstanding, Dr. Kiljoy told Slick all about Venus' long-standing battle with cocaine addiction; on the basis of this information, MegaLife refused Venus life insurance. When Venus learned why her life insurance application failed, she instigates tort proceedings against the doctor for breach of statutory duty. Bibliography lists 5 sources.
Filename: TLCvenus.rtf
English Should Not be the Designated Official Language of the United States
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A 7 page paper which examines why there should not be a constitutional amendment making English the official language of the United States. Bibliography lists 7 sources.
Filename: TGengcon.rtf
Entertainment Contracts For Minors
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This 9 page paper provides an overview of entertainment contracts as it concerns minors. Several cases are noted and problems of contracts are discussed. Bibliography lists 4 sources.
Filename: SA147con.rtf
Environmental Justice.
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(3 pp). A new area of law seems to be asserting
itself called "environmental justice." This
loosely coined phrase is to protect both the
environment itself, and those through circumstances
beyond their control, may be victims in that
polluted environment. Bibliography lists 3
sources.
Filename: BBenvlwR.doc
Environmental Law in the EU
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This 5 page paper considers the way the polluter pays principle and the precautionary principles appear in EU environmental law. The paper considers the attitude of member states and the trend towards a duel approach. The bibliography cites 3 sources.
Filename: TEEUprecau.rtf
Environmental Policy: Should It be Made at the State or Federal Level?
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This 3 page paper explores environmental law, and argues that it works best when it is made at the local level but is in line with already existing federal policy. Bibliography lists 2 sources.
Filename: HVEnvrLw.rtf
Equal Pay
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This 8 page paper looks at issues concerning equal pay under English law. The paper considers the case of a woman who is paid less than several men performing the same or similar tasks, including her predecessor, someone working in a different location, someone in the same location but a different office and a former manager who has a salary that is ‘red circled’. The paper demonstrates the application of equal pay legislation and case law and applies it to the case provided by the student. The bibliography cites 8 sources.
Filename: TEequalpay.rtf
Equitable Distribution in New York
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A 25 page paper. The state of New York is an Equitable Distribution state. This is different than a community property state in which all marital property is simply divided in half between the two divorcing partners. Equitable distribution means that marital property, which includes assets and debts, is to be divided in an equitable fashion. That division may or may not be equal. How this came about can be found in a variety of court cases. Several cases are outlined. Three cases are discussed at length: O'Brien v O'Brien; McSparron v McSparron; and Grunfeld v Grunfeld. Bibliography lists 10 sources.
Filename: PGnydiv.wps