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Papers On Law & Legal Systems
Page 27 of 55
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Judicial Review # 2
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In 6 pages, the writer discusses the concept of judicial review, what it is, how it works, agencies involved, etc. Bibliography lists 5 sources.
Filename: Jrev2.doc
Judicial Review & Its Ultimate Impact Upon Public Administration/Book Review
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4 pages in length. An analytical review of Earl M. Maltz's book entitled "Rethinking Constitutional Law: Originalism, Interventionism, and the Politics of Judicial Review" in which the writer finds Maltz's views to be unrealistic because they tend to de-recognize the human qualities of judicial members. This essay largely examines political participation and its role in public administration. Standard bibliography lists more than 10 sources and a Free annotated bibliography details their usage in brief. Please send us e-mail for more details.
Filename: Judicial.wps
Judicial Review and the Individual; UK and EU law
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This 9 page paper looks at judicial review and the position of the individual in the UK and the grounds on which a review may be granted. The paper then considers the position of the individual at EU level, arguing that the they have a greater level of access to the process at national rather than EU level. The bibliography cites 5 sources.
Filename: TEindvJR.rtf
Judicial Review and the Marbury vs. Madison debate
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7 pages.
This paper will consider whether the exercise of the judicial
review is legitimate. The question here is whether judges who
are not elected should be able to overturn the actions of a
democratically elected legislature. Ever since Marbury v.
Madison, a debate has raged about this question. Within this
paper the debate is researched, and the major points for and
against judicial review are pointed out, as well as which side
appears to have the stronger argument and why. Bibliography
lists 9 sources.
Filename: JGAjudrv.wps
Judiciary Powers/ British Judges
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A 19 page research paper that explores the statement that while judges do not have the power to create law, they can effectively "declare" law. To support this thesis, the writer turns to the case of the Speluncean Explorers, the Pinochet case, and Hurley, v. Irish-American Gay, Lesbian and Bisexual Group of Boston. Bibliography lists 6 sources.
Filename: khbritj.rtf
Junk E-Mails
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This 26 page paper considers the legal aspects of unsolicited e-mails using US law. The writer focuses on e-mails that advertise pornography, however, many of the issues raised are applicable to all junk or spam e-mails sent. The writer considers the use of federal and state laws, the use of trespass to chattel and the overall attitude of the courts and compares the regulation of this type of 'spam' against other forms of direct advertising, such as faxes ad direct mail. The writer also considers what type of legislation should be used to regulate unsolicited e-mails. The bibliography cites 40 sources.
Filename: TEemailu.rtf
Jurisdiction
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This 6 page paper is written with reference to UK law, and looks at a case supplied by a student where there are international contracts and cases are being brought in different courts. The paper considers the issue of how jurisdiction can be determined and the doctrine of forum non-convenience. The bibliography cites 3 sources.
Filename: TEinjrst.rtf
Jurisdiction and Different Areas of Law
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This 4 page paper considers the jurisdiction of the courts under tenancy law, contract law and tort law according to English law. The bibliography cites 2 sources.
Filename: TEjurlaw.rtf
Jury Awards are Out of Control
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This 3 page paper focuses on tort reform, the power of the judge to overturn awards and the role of the jury. Examples are provided as a look is taken at excessive jury awards.
Bibliography lists 2 sources.
Filename: SA541trt.rtf
Jury by Trial Under Threat
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A 5 page paper which discusses jury by trial and the fact
that the current government is threatening this fundamental process. The paper argues that
the country should not embrace the government's proposals and that the legal system is
more effective with the jury system than without it. Bibliography lists 3 sources.
Filename: RAjury.wps
Jury Deliberation and Factors Affecting the Deliberation Process
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A 15 page overview of the many factors that can affect the deliberative process and the consequent verdict. A particular emphasis is placed on the importance of "decision rules" that determine whether a unanimous decision is necessary and on the personality of particular jurors and other trial players. Bibliography lists 5 sources.
Filename: PPjury.rtf
Jury Duty Aversion
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A 12 page research paper that examines and discusses various aspects of a hypothetical research study proposal to investigate why people wish to avoid jury duty. Bibliography lists 10 sources.
Filename: khjurydt.rtf
Jury Incompetence and Misconduct
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This 5 page paper examines four cases where jury decisions were overturned by the court. The reasons are numerous but involve either misconduct or the incompetence of the jury. Bibliography lists 5 sources.
Filename: SA516jrr.rtf
Jury Nullification
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A 4 page research paper plus a 1 page annotated bibliography that discusses the principles of jury nullification, which is the power of a jury to deliver any verdict that they see fit, regardless of the judge's instructions. The writer also discusses the grassroots movement to inform jurors of this right, and the ramifications of this controversy. Bibliography lists 3 sources.
Filename: khjuryn.rtf
Jury Nullification
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This 10 page paper addresses the problem of jury nullification and focuses on a 1998 article which appeared in the Spectator. The premise that nullification is acceptable is argued with the support of other articles. Examples are provided and the O.J. Simpson case is referenced several times. Bibliography lists 4 sources.
Filename: Sa278crm.doc
Justice for None
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5 pages. In Gerry Spence's book, Justice for None, the reader finds that the American myth of justice is just that – a myth. The justice system too often falls simply to the better attorney, the client with more money, or other just as unjust reasons for the courts to be prejudiced.
Bibliography lists 1 source.
Filename: JGAj4non.rtf
Justice in the Military Courtroom
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This 8 page paper delves into cases involving minorities in military courts. The idea that racism is prevalent in both military and civilian courts is established. Specific cases are discussed. Bibliography lists 6 sources.
Filename: SA347mj.rtf
Justice John Paul Stevens
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A 5 page paper that provides a brief biographical sketch of Justice Stevens and his appointment to the Supreme Court of the United States. The paper includes examples that demonstrate Stevens is willing to be the lone dissenting vote on the Court or among the minority that promote an unpopular vote. Stevens was one of three who dissented from the Court's ruling to stop the manual recount of presidential election ballots in Florida. Bibliography lists 5 sources.
Filename: PGstevns.rtf
Justice Sandra Day O’Connor
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A 4 page overview of the life and accomplishments of this Supreme Court Justice. This paper provides a recap of O’Connor’s life before she reached the Supreme Court and a brief outline of her stances on a couple of key issues once there. Bibliography lists 3 sources.
Filename: PPoconnr.rtf
Justice William Brennan, Edwin Meese, and the Constitution in the Case of Nancy Cruzan
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This 5 page report discusses the attitudes and opinions of the late Supreme Court Justice William Brennan and the former U.S. Attorney General Edwin Meese in regard to the right-to-die question involving Nancy Beth Cruzan in 1990. The Supreme Court affirmed the Missouri Supreme Court's decision that there was no clear and convincing evidence of Nancy Cruzan's desire to have life-sustaining treatment withdrawn under such circumstances, and that her parents lacked the authority to actualize such a request. Bibliography lists 7 sources.
Filename: BWbrenn.wps
Justiciability of Socio-economic, Civil and Political Rights
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An 8 page research paper which defines socio-economic and civil and political rights and then discusses how justiciability is defined and the principles that this concept entails. The writer then examines literature in order to compare and contrast the justiciablity of socio-economic and civil and political rights. Bibliography lists 5 sources.
Filename: khjusscp.rtf
Justifications for Capital Punishment
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This 5 page paper looks at justifications for the death penalty, with a focus on Kant's ideas. Other theorists are referenced. Capital punishment is discussed in general and arguments include social control, deterrence and retribution. Bibliography lists 6 sources.
Filename: SA347jcp.rtf
Justinian the Great, Emperor of Byzantium, and Creator of a New
Standard for Law
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This 10 page report discusses the Byzantine
emperor, Justinian I. Justinian is known for expanding Byzantine
rule in the Western world, developing and beautifying the city of
Constantinople, and completing the codification of Roman law. It
has been due, in great measure, to Justinian I’s efforts and
determination that Western civilization and the law governing it
have developed in the ways they have. Bibliography lists 8
sources.
Filename: BWjustin.rtf
Justinian's Codex
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8 pages in length. Emperor Justinian's Codex iuris of the sixth century evolved as a necessary means by which to regulate society's behavior. What had until then been left up to the whims of each individual to handle on his own was now a product of fair and sensible legal procedure, with Justinian representing the instrumental force behind the eventual cohesiveness that encompassed these monumental changes. It can readily be argued that there was, indeed, a great need for such a show of order, in that there existed no modicum of conformity when it came to the legal process. As the principles of Justinian's Codex continued to be established, they also became an integral component of ancient societies, ultimately impacting the very foundation of Roman law. Bibliography lists 7 sources.
Filename: TLCcodex.rtf
Juvenile And Adult Court: Comparison
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8 pages in length. Juveniles have historically found protection under the law with regard to being tried as adults when they have committed adult crimes. Contemporary society, however, witnessed a significant change in attitude toward some offenses whereby juveniles now can be tried - and convicted - as an adult. The extent to which the justice system has historically provided juveniles with a much lighter punishment for an offense that would otherwise earn an adult a severe sentence is both grand and far-reaching; that such variables as age and offense determine how and where a juvenile is tried speaks to what many believe to be a miscarriage of justice when youthful offenders know the difference between right and wrong even if they are minors. Bibliography lists 7 sources.
Filename: TLCJuvAdltCrt.rtf
Juvenile Delinquency Prevention
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A 4 page paper that begins by defining juvenile delinquency and then provides statistical data on the juvenile arrests. The rest of the paper represents a proposal for the types of activities a new organization in town will offer in an attempt to prevent juvenile delinquency. Statistical Data included. Bibliography lists 5 sources.
Filename: PGjuvdl.rtf
Juvenile Delinquency/Core Concepts
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An 8 page research paper that address issues pertaining to juvenile delinquency. The first half of the paper looks at three major theories of delinquency: cultural transmission theory; social learning and labeling theory. Then, the writer looks at the marginal status of juveniles in society; juvenile codes and status offenses; and the juvenile court. Bibliography lists 2 sources.
Filename: khjdiss.rtf
Juvenile Justice: Evolution Of Parens Patriae To Due Process
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3 pages in length. More than one hundred and seventy years ago, the juvenile justice system thought it completely appropriate and beneficial for the state to act as parent (parens patriae) in situations where either or both parents act irresponsibly with regard to child care. This may have been an advantageous arrangement for all involved if those working on behalf of the state did not take liberties and treat juveniles in an arbitrary, unjust or unreasonable fashion. Only after the Illinois Supreme Court's ruling some thirty years later was parens patriae to take back seat next to due process. Bibliography lists 2 sources.
Filename: TLCjuvjus.rtf
Juveniles & Trial by Jury
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A 4 page research paper that discusses whether or not juvenile defendants should have the right to trial by jury. Bibliography lists 3 sources.
Filename: khjjury.rtf
Juveniles, Transfer Laws And Adult Court
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3 pages in length. The writer briefly discusses transfer laws and adult court as they related to juvenile offenders. Bibliography lists 4 sources.
Filename: TLCjuvlaw.rtf
Kafka's "The Problem with Our Laws"
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A 7 page paper which discusses and analyzes
Kafka's "The Problem with Our Laws." Bibliography lists 2 additional sources.
Filename: RAkafkalaw.wps
Karl Llewellyn & Jerome Frank / Two Theoretical Perspectives on Judicial Reasoning
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This 8 page paper provides an overview of the theoretical bases provided by Karl Llewellyn and Jerome Frank and they relate to judicial reasoning. This paper applies their theories on constitutionality, doctrinal development and persuasion as they can be distinguished in US Appellate Court cases like the United States v. Black, United States v. Rhodes, and United States v. Oliver.
Filename: MHllew.wps
Kelo v. New London
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A 10 page research paper that summarizes and analyzes the case if Kelo v. The City of New London. The writer summarizes the facts of the face, its history in the courts, and the majority opinion of the Supreme Court. The writer also discussing Justice O’Connor’s dissenting opinion and the impact of this case on the legal system, along with the writer’s opinion on the ruling. Bibliography lists 5 sources.
Filename: khkelo.rtf
Killers of Children: Their Cases and Sentences
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6 pages in length. Perhaps one of the most horrific and certainly most newsworthy of crimes is that of mothers who kill their children. That a mother could take the life of those she gave life to is an unthinkable act, one that nobody can truly understand. This paper focuses on the cases as well as the verdicts of two of the most well-known convicted killers, that of Susan Smith of South Carolina and Darlie Routier of Texas. Bibliography lists 3 sources.
Filename: JGAuscase.wps
Kirby and a Decision Granting Unlimited Power
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This 6 page paper considers the judgment made by Kirby J in the case of Building Construction Employees and Builders Labourers Federation of New South Wales V Minister for Industrial Relations (1986) 7 NSWLR 372, which appears to give the Australian legislature unlimited power. The writer argues that this decision was wrong. The bibliography cites 5 sources.
Filename: TEauspow.rtf
Knowledge and its relation to Tort Liability, Risks of Injury, and the
Legal Obligation and the Defenses to Negligence
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It is often contended that tort liability, risks of injury and the legal obligations and the defenses to negligence in sports are predicated on "knowledge". This paper provides a 10 page overview of tort law. The author defines tort law and provides numerous hypothetical examples designed to illustrate the points of negligence, intent, consent, and knowledge. Bibliography lists 3 sources.
Filename: PPtortLi.wps
Knowledge and Knowing Receipt
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This 14 page paper looks at what constitutes knowledge and what is knowing receipt discussing what it is, when a liability is incurred by the trustee or individual with a fiduciary duty and to a third party or recipient, including personal liability and the duty of preservation. Cases cited include, but are not limited to The Baden Case [1992], Agip (Africa) Ltd v Jackson [1992] and BCCI v Akindele [2001]. The bibliography cites 8 sources.
Filename: TEknowing.rtf
Korematsu V. United States
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A 5 page paper. Toyosaburo Korematsu was arrested, tried in a federal district court and found guilty of violating specific exclusion statutes. Specifically, Korematsu live in San Leandro, a military area and by order was supposed to leave this area. The order, enacted after the U.S. was at war with Japan, directed all Japanese-Americans to leave any military area on the West Coast. This essay provides an overview of the case, the decision of another previous case that had to do with the curfew law, and the opinions of the court. Bibliography lists 3 sources.
Filename: PGkorem.rtf
Labor Law/Gender Discrimination
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A 5 page research paper that discusses a hypothetical case of gender discrimination and what this case informs the reader concerning the specifics of gender discrimination law. Bibliography lists 3 sources.
Filename: khllgd.rtf
Labor Laws And Collective Bargaining
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A 12 page paper that begins with a comprehensive explanation of the labor laws that govern employer-employee relationships, i.e., the National Labor Relations Act and the Taft-Hartley Act. This is followed by an examination of collective bargaining and current thoughts about this process, how the power has shifted in management-labor relations and the shifts during recent years. The writer then outlines what employers cannot do and what union/employees cannot do pursuant to the laws. Under the heading of what employers can do to resist attempts to form a union, the writer provides an example of one company where unionization attempts have consistently failed and lastly, under the heading of working with the union, the writer discusses another company that changed the relations between labor and management to make the process less conflictive. Bibliography lists 10 sources.
Filename: PGunlb.rtf