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Papers On Law & Legal Systems
Page 25 of 55
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Intention in CIF and FOB Contracts
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This 19 page paper considers the quote "Now it is true that all these rules both under section 18 and section 19 [of the Sale of Goods Act 1979] are prima facie rules and depend on intention. But the intention in this regard by the parties is seldom or never capable of proof. It is to be ascertained, as already stated here, by having regard to the terms of the contract, the conduct of the parties, and the circumstances of the case" by Lord Wright in Ross T Smyth and Co Ltd v T D Bailey, Son and Co [1940] 3 All ER 60, and discusses this in the context of FOB and CIF contracts. The paper starts by reviewing the case and the Sale of Goods Act, then looks at interpretation and the way this has been changing. Finally CIF and FOB contracts are examined in general and then in this context. The bibliography cites 30 sources.
Filename: TEintcif.rtf
Intention in English Criminal Law
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A 12 page paper discussing intention as it was nearly redefined in Woollin. The question to be evaluated here is “At last, it seems, the meaning of intention in the criminal law is cogent and stable.” When the death of a child results from the unbridled rage of an adult and a verdict of murder is “unsafe” as claimed by one of the appellate court justices, it is unlikely that the issue of intent is far from being anything that approaches being “cogent and stable.” Bibliography lists 15 sources.
Filename: KSlawIntentEng.rtf
Interest Groups and the U.S. Supreme Court
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15 pages in length. Excellent for anyone studying judicial systems or public administration ...With much attention paid to several modern cases, this report examines the role that special interest groups have in determining the decisions of Supreme Court Justices. It is argued that special interest groups have actually come to have a bit too much power today and that their resulting abuses should be curtailed. The cases of Clarence Thomas and of Robert Bork are used as primary points of discussion. Bibliography lists 11 sources and a FREE annotated bibliography briefly describes their use in the paper.
Filename: Judicnom.wps
International Corruption; An Ongoing Fight
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This 8 page paper looks at an article published in June 200 which examines the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions. This paper reviews the article looking at its contents, summarising it, and then critiquing it for reliability, accuracy and the way in which the arguments are proposed. The bibliography cites 4 sources.
Filename: TEintcor.wps
International Criminal Court, International ad hoc Tribunals v. National Legal Systems
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This 12 page paper considers the role of the ICC and considers whether the ICC or the national courts are the best place for the procession of those accused of heinous crimes such as genocide. The ICC and the national courts are compared and theoretically and with the use of example application of the law in each arena. The bibliography cites 10 sources.
Filename: TEinterICC.rtf
INTERNATIONAL JUSTICE SYSTEM?
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This 4-page paper examines the concept of an international justice system, if it would work, how it would operate, and how it would recruit. Bibliography lists 3 sources.
Filename: MTinjusy.rtf
International Law
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Laws are devices meant to provide a structure for 'keeping
the peace'. This 5 page paper explores the processes of International law as
equivocated by central organs such as the United Nations, the European Union
and the North Atlantic Treaty Organization. Bibliography lists 1 source.
Filename: KTlawint.rtf
International Law
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6 pages in length. There is no question that international law, without effective sanctions, is no more than pious hope and morality. This assertion is neither flagrant nor misleading; rather, it represents the very basic foundation upon which international law was established in its infancy. The writer discusses how international law was developed as a means by which nations would become legally bound with regard to conduct. Bibliography lists 7 sources.
Filename: Intnlaw.wps
International Law And Comity
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This 5 page paper explores the
relationship between international law, comity, common, civil and
Islamic law. Bibliography lists 4 sources.
Filename: KTintlaw.wps
International Law and Terrorism
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A 7 page contention that as our understanding and perception of terrorism evolves so do our definitions and the way that we attempt to legally deal with the phenomena. The fluid nature of the international response to terrorism can be attributed to this fact as can our failure to come up with precise international law that governs how the world treats terrorist. Bibliography lists 3
sources.
Filename: PPterrLw.rtf
International Law for Businesses
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This 21 page paper examined four aspects of international law relevant to those in business. The first part pf the paper examines extraterritorial regulations, focusing of the US and the EU looking at unfair competition, product liability and sharp practices. This section also considers how the company veil, also referred to as the corporate veil, can be pieced and the ways that host states may be able to regulate businesses. The second part of the paper considers the different sources of international law, defines international persons and looks at how states may be recognised. The third section looks at UK (English) law giving the background to common law, considers how unique this is in the modern world and how it is relevant today. The last part of the paper considers non court systems that are used, and then outlines the differenced between arbitration, mediation and conciliation. All questions are answered in the context of international commerce. The bibliography cites 9 sources.
Filename: TEintbuslaw.rtf
International Law in U.S. Foreign Policy
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A 5 page paper assessing the question, “should the US place more or less faith in international law?” The paper concludes that the US needs to acknowledge, support and work for greater influence of international law, yet retain the ability and willingness to work outside of it if conditions warrant. Terrorists, religious fundamentalists and nuclear bomb-waving groups give no credence to international law or anything else that holds no direct value for furthering narrow ideologies. The US needs to develop international leadership influence and place less faith in international law. Bibliography lists 7 sources.
Filename: KSpolIntlLawPolicy.rtf
International Law Questions.
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This 9 page law paper is written in three parts. The first considers a case provided regarding shipping and CIF contracts, the second considers tax law and residency requirements for the US and the third looks at why the EU is more than just a trading block. The bibliography cites 7 sources.
Filename: TEinqula.rtf
International Law; Free Movement of Workers
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This 18 page paper considers the different developments and the current position concerning the free movement of workers and the free movement of labour. The paper looks at the position interniaonal, giving some historical context and then looks at the current position, focusing on the European Union and Article 39 (ex 48), article 43 (ex 52) and article 49 (ex 59). The paper then looks a the current position and discusses the extent to which the freedoms exists and the constraints on those freedoms. The bibliography cites 18 sources.
Filename: TElabourfree.rtf
International Law; Licensing and Trademarks
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This 17 page paper considers the way in which international law impacts on the way that trademarks are protected or used and hw this may impact on licensing globally. The writer cites many cases and looks at several areas including the EU and the US. The bibliography cites 10 sources.
Filename: TEinttrd.rtf
International Law; Settling Nationalisation Disputes
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This 12 page paper compares and contrasts the effectiveness of the rules of jurisdiction procedure of the International Court of Justice (ICJ), and the International Centre for the Settlement of Investment Disputes in providing compensation to foreign owned corporations in the context of nationalization of assets. The bibliography cites 7 sources.
Filename: TEnationali.rtf
International Public Law; The Recognition of States
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This 5 page paper considers the way in which recognition of states may be seen a responsibility for both the potential new state as well as the existing states. The writer considers the argument that there is little convincing evidence regarding the duty that is owed in recognising states. The bibliography cites 7 sources.
Filename: TEstatel.rtf
International Shipping and Potential Breaches of Contract; Three Questions
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This 7 page paper considers three different contracts between a supplier in the UK and a purchaser in the US. The issues examine payment and consideration, breach of contract and frustration using both the United Nations Convention On Contracts For The International Sale Of Goods and case law. The bibliography cites 3 sources.
Filename: TEshipgd.wps
International Shipping Case
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This 19 page paper looks at an international shipping case study examined using English law. The paper is divided into four parts. The first part looks at the failure of the buyer to provide a confirmed letter of credit as required by the terms of the contract and the nomination of an unsuitable vessel. The second part to the paper considers problem on shipping when the carrier has to stop to help a ferry and uses the goods as part of the rescue, then more goods are damaged on arrival at the port due to a stevedores strike. The third part of the paper looks at the duties of the carrier. The last part discusses who the insurance company may have to indemnify. The bibliography cites 10 sources.
Filename: TEscotcase.rtf
International Trade: CIF Incoterms 2000
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A 10 page paper discussing the rights and responsibilities born by each party involved in an international trade transaction. The seller shipped a complete order under the terms of the CIF Incoterm 2000, securing the minimum amount of insurance coverage required by the shipping term. The buyer had opportunity to secure additional insurance coverage but did not, and either all or part of the shipment was damaged in transit. The insurer bears responsibility if the entire package was lost; the buyer bears responsibility if only a portion of the shipment was damaged. The Harvard-style bibliography lists 7 sources.
Filename: KSintlTradCIFinco.rtf
International Trade; A Case Study
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This 5 page paper considers a case provided by the student where a contract is required for a French company to use their intellectual property. The paper examines the case including the use of Section 1 of the Sherman Act, Section 7 of the Clayton Act, and international anti-trust laws. The bibliography cites 4 sources.
Filename: TEfranc1.wps
INTERNET CONTENT AND REGULATIONS
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This 9 page paper gives an overview of the problem of internet regulations. Court case Reno vs ACLU is profiled, citations given and quotes. Arguments for and against are presented. Bibliography lists 5 sources.
Filename: MBntrnet.rtf
Interpretation of the Law
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This 6 page paper explores several theories of law and concludes that originalism is the only valid way to interpret law in the United States. The 1931 McBoyle v. United States is used to begin the discussion. Scalia's opinions are duly noted. Textualism is discussed. Bibliography lists 7 sources.
Filename: SA006Law.rtf
Interpretations of Leases
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This 5 page paper presents an overview of how leases are interpreted by courts. Common landlord-tenant disputes are discussed. Several cases are noted. Bibliography lists 4 sources.
Filename: SA316lse.rtf
Interpreting Dow Jones & Company Inc. v Gutnick
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This 8 page paper considers the approach taken by the High Court of Australia in Dow Jones v Gutnick towards the issue of jurisdiction on the internet and considers if this is sound and how it may be seen in the context of UK and US law. The bibliography cites 12 sources.
Filename: TEdowgutnick.rtf
Interpreting the Law
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This 4 page paper looks at a fictitious law and then at how it may be interpreted using the literal rule, the golden rule and looking at the act as a whole and the purpose of the act. The bibliography cites 5 sources.
Filename: TEintrplaw.rtf
Interstate Commerce and Picketing / Consitutional Issues
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A 4 page essay on a hypothetical scenario and the constitutionality of a law prohibiting the interference with interstate commercy. The writer details the constitutional theories on which the law could be struck down. No bibliography.
Filename: Icc.wps
Introducing Legislation in Arizona
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This 3 page paper discusses the process of getting legislation passed in Arizona, and discusses a bill now under consideration. Bibliography lists 3 sources.
Filename: HVazlaws.rtf
Irish Police Culture
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A 7 page research paper that examines this topic. The police culture in Ireland has evolved greatly over the course of the last decade. During that time, the Police Service of Northern Ireland (PSNI) and the Garda Siochana na hElreann ("Guardians of the Peace of Ireland") have both gravitated away from policing that focuses primarily on issues of law enforcement/apprehension and towards a proactive stance using principles of community policing. This examination of this trend in Irish police culture first look at the historical background to understanding both of Ireland's police forces from a cultural perspective, which includes the current trend toward community policing strategies. Bibliography lists 8 sources.
Filename: kheriep.rtf
Is a National Police Force a Good Idea?
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This 4 page paper examines the concept of a national police force. Both positive and negative elements are discussed. Bibliography lists 3 sources.
Filename: SA448plc.rtf
Is an Employment Contract Enough?
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This 8 page paper considered whether or not the employment contract alone would be sufficient to regulate the employment relationship. The influences ion the way the employment relationship is influences are considered and the arguments for and against additional influences are discussed, before the conclusion that more than an employment contract is needed for benefit of the employer, the employees and society as a whole. The paper is written with specific reference to English law, but the concepts apply universally. The bibliography cites 8 sources.
Filename: TEeecontractleg.rtf
Is Crime A Socially Constructed Phenomenon?
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This 5 page paper consider how crime may be argued to be a social construct and how it may be argued as not being a social construct, The paper looks at legal and social theory and applies it to the modern world including the view of terrorism. The bibliography cites 10 sources.
Filename: TEcrimsoc.rtf
Is EU Directive 95/46/ EC an Effective Model for Future Data Protection
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EU Directive 95/46/ EC concerning data protection has the main aim of protecting the privacy of the citizens. This 16 page paper considers how the directive has been implemented in order to consider whether it is a suitable model for data protection in the twenty-first century. The paper is written with specific reference to English law and also looks at the influence of other legislation. The bibliography cites 12 sources.
Filename: TEEU9596.rtf
Is International Law Built on Political and Economic Foundations?
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This 14 page paper considers international law and why it exists. The paper argues that the law exists only as a result of agreement and the choice to comply, which in turn can be seen as motivated by political and economic factors. Examples are given and the different theories regarding the existence and influences surrounding law are included before a conclusion is reached. The bibliography cites 14 sources.
Filename: TEinterlaw.rtf
Is International Law Really Law?
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This 25 page paper considers whether or not international law may be seen as real law. The paper compares international law to domestic law and looks at why it may be seen as legitimate and why it may be seen as illegitimate. The paper includes the traditional arguments for and against, including theorists such as Blackstone, Austin and Hart. The paper is written in four parts, the first considers if international law is really law, the second looks at why international law is binding, the next considers why states comply with international law and the final section considers different modern theoretical approaches. The bibliography cites 23 sources.
Filename: TEintval.rtf
Is Libel Law a Restriction of the Freedom of the Press?
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This 10 page paper considers the statement “The English Law of libel and defamation represents an unwarranted restriction on the freedom of the press and the broadcast media”. The paper looks at both sides of the argument and uses numerous cases to illustrate points raised. The bibliography cites 6 sources.
Filename: TElibel1.rtf
Is Mandatory Drug Sentencing Punishing Criminals or Society?
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A 4 page discussion of mandatory drug sentencing. The author examines the statistics of drug sentencing and contends that mandatory sentencing for offenders may in fact be punishing society as much as or even more than it is punishing the criminal! The argument is presented that mandatory sentencing is not only ineffective it is counterproductive in that it puts an unnecessary strain on society as a whole. Bibliography lists 5 sources.
Filename: PPdrgSnt.rtf
Is the Death Penalty Administered Fairly?
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A 3 page paper which argues that the death penalty is not administered fairly. Bibliography lists 3 sources.
Filename: RAdpfar.rtf
Is the Death Penalty for Juveniles Constitutional?
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This 14 paper provides a thoughtful look at the Roper v. Simmons case that in 2005 changed the course of the death penalty application. Juvenile justice is an important matter in society and is an underlying theme of this inquiry. Both sides of the issue are discussed at length and the paper concludes that while there are good points on each side, a good society should seek to rehabilitate youth rather than treat them like adult criminals. Bibliography lists 15 sources.
Filename: SA809juv.rtf
Is The Imposition Of Strict Liability Ever Justifiable In Criminal Law?
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This 9 page paper consider if there is ever a justification to impose strict liability under criminal law. The paper looks at the concepts and application of actus reus and mens rea and how strict liability fits in with these concepts and argues that the idea of strict liability may be in the public interest as well as have a basis in the foundations of criminal law. The bibliography cites 7 sources.
Filename: TEstrtcrim.rtf