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Double Jeopardy, 2008.
Looks at the debate around the legal position of double jeopardy.
2,360 words (approx. 9.4 pages), 9 sources, MLA, $ 72.95
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Abstract
This paper explores situations based on several authorities in which a person may or may not be tried again for the same crime as determined under the double jeopardy clause of the Constitution. The bases its discussion on three Supreme Court cases regarding double jeopardy. The paper concludes that, although the double jeopardy clause was created to offer protection from three specific types of legal abuse; nevertheless, at various times, the federal government will retry an acquitted defendant simply because there is a strong level of dissatisfaction with the first verdict.
Table of Contents:
In Other Words
Words and More Words
Supreme Court Decisions
Jeffers v. United States
Garrett v. United States Garrett v. United States
United States v. Ursery
From the Paper
"At times, Blockburger's rule makes sense. Sometimes, however Blockburger's rule makes far less sense. For example, Amar posits, if a defendant is charged with attempted murder, receives a fair trial and is convicted, afterwards the victim dies from injuries proximately caused by the initial attack, Blockburger's rule would bar a murder trial here. The Supreme Court held in the Diaz case as early as 1912, however that a Blockburger-like test was not be taken seriously in this particular scenario; indicating a second trial should not be barred."
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40157-Law-School-Revision.doc, 2008.
An admissions essay for law school that provides several options for application to different schools of law.
1,700 words (approx. 6.8 pages), 0 sources, $ 55.95
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Abstract
This is an admissions essay for prospective law students. It provides both a personal and professional background and includes an explanation and/or reasons for the drive and desire to enter a school of law as well as various options for applying to specific schools which stress different areas of speciality.
From the Paper
"This opportunity to finally put my abilities as a lawyer to the test was pivotal for me. Although I had never prepared a case for a real trial before, I was excited and optimistic. By examining every aspect of the case's documentation, gaining full insight into Russian taxation legislation, and applying my logical reasoning and judgement, I was able to prepare a strong argument supported by the statutes to prove that the actions of the Revenue Board were in fact unlawful."
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Human Sexuality: Legalized Prostitution, 2008.
A look at the issue of prostitution in USA.
1,647 words (approx. 6.6 pages), 6 sources, APA, $ 53.95
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Abstract
This paper includes a brief overview of the history of prostitution in America. Following, an analysis of the benefits and effects of legalizing prostitution in today's society including statistical support for the legalization of prostitution, the paper argues legalizing prostitution will help prevent the spread of disease and protect women engaged in this profession from unnecessary violence and abuse.
Outline:
Introduction
History
Prostitution in the Modern Era
Conclusions
From the Paper
""Sex" work is nothing new; for centuries women in American have engaged in alternative work including prostitution (Scambler & Scambler, 1997; Roberts, 1992). With prostitution however, also comes stigmatization of women and "reduced civil liberties and rights of human dignity" as well as rapidly rising risks for disease or death for many women engaged in this form of employment (Scambler & Scambler, 1997, p. 3). Prostitution has been a profession since ancient times; in Ancient Greek society for example, prostitutions were known as autonomous individuals holding a certain status in society (Scambler & Scambler, 1997). It was only during the growth and expansion of Christianity and other religions in America that prostitution became associated with a "bad girl" image, suggesting women engaged in prostitution were "sinners" acting against puritan idealisms of "social purity" and morality (Scambler & Scambler, 1997). These ideals however, did not consider the economic poverty that often drove many women into prostitution, nor a woman's right to choose her line of work and enjoy greater autonomy (Roberts, 1992)."
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The Americans with Disabilities Act (ADA), 2008.
This paper focuses on the 2001 U.S. Supreme Court case, "Board of Trustees v. Garrett", which explored the ramifications of the Americans with Disabilities Act, 1990.
918 words (approx. 3.7 pages), 4 sources, APA, $ 32.95
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Abstract
The paper discusses the 2001 U.S. Supreme Court case, "Board of Trustees v. Garrett," where two University of Alabama employees wanted to sue a state for damages in federal court under the Americans with Disabilities Act of 1990. The paper explains the Supreme Court ruling that, although there had been discrimination, there was no clear pattern of discrimination on behalf of the state of Alabama as a whole regarding employees with disabilities and thus monetary damages were not appropriate. The paper is of the opinion that the conclusion that Garrett and Ash were not entitled to damages, merely because they worked for the state, was an act of injustice.
From the Paper
"Title I of the ADA states that an individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, and/or is regarded as having such impairment by society. A qualified employee or applicant with a disability must not be barred from employment if, with or without "reasonable accommodation," they can perform the essential functions of the job in question" ("Facts about the Americans with Disabilities Act, EEOC, 1997"). Reasonable accommodation includes "job restructuring, modifying work schedules, reassignment to a vacant position," as was requested by the defendants ("Facts about the Americans with Disabilities Act, EEOC, 1997"). "
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The Role of Government in Policy-Making, 2008.
This paper looks at public policy and discusses the role of the US government in policy making.
900 words (approx. 3.6 pages), 3 sources, MLA, $ 31.95
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Abstract
In this article, the writer notes that, in the US, the public policy process essentially begins with a bill, or proposed law, being introduced for consideration into both chambers of Congress, which is comprised of the US Senate and House of Representatives. The writer then explains that public policy is shaped by the federal judiciary system in one of two ways. The first way is through statutory construction, in which courts interpret the definitions of laws and administrative regulations. Congress can overturn a Supreme Court decision involving statutory construction with which it disagrees. The second way is through judicial review, in which courts decide whether any law or administrative action passed by either Congress or certain state legislatures is in violation of the US Constitution. The writer concludes that the role the court system has played in shaping policies that affect the American Civil Liberties Union is that it continually passes judgment on the various cases brought to it by the organization on behalf of various underprivileged individuals.
From the Paper
"These laws and decisions influence the organization's decision-making operations by helping it to narrow down the types of social and political issues it would be interested in tackling. Such issues include those pertaining to free speech, the death penalty, disability rights, drug policy, HIV/AIDS, immigrant rights, prisoners' rights, lesbian and gay rights, privacy and technology, rights of the poor, police practices, racial justice, reproductive freedom and women's rights among various others. In its everyday activities these laws help ACLU to choose the specific types of court cases and lobbying efforts relevant to the various issues it is specifically known to deal with. Currently the ACLU handles up to 6,000 cases per year with 100 of its own staff attorneys and 2000 volunteer attorneys."
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Illegal Immigrants, 2008.
Looks at illegal immigration as it is impacted by the Fifth and 14th Amendments of the United States Constitution.
1,335 words (approx. 5.3 pages), 4 sources, APA, $ 44.95
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Abstract
This paper examines the 5th and 15th amendments to the United States Constitution and applies them to the current issues regarding illegal immigration. The paper also argues that the US should not deport foreign born parents of children born in the U.S., who have full citizenship as anchor babies.
Table of Contents:
Introduction
The Problem
The Amendments
From the Paper
"The illegal immigrants have been increasing in America and have been able to gain benefits through health care, educational opportunities and other perks of living in the country, without having to submit the same paperwork that citizens and legal immigrants are required to submit. This has begun to create tension throughout America as jobs become less available and funding begins to get tightened. Whether the funding and employment issues are a direct result of illegal immigration or not does not sway the detractors who insist the illegal immigrants not only be forced to leave the country, but are also beginning to request that American born children by illegal immigrants not be allowed to attend public schools."
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Intellectual Property Rights, 2008.
The paper discusses two main aspects of intellectual property rights; trademark infringements and patent infringements. An overview, case study and conclusion is given for each topic.
1,192 words (approx. 4.8 pages), 3 sources, MLA, $ 40.95
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Abstract
There are two main topics in this paper dealing with intellectual property rights; trademark infringements and patent infringements. The paper provides an overview of each topic including case law and a conclusion for each section. The paper reaches the conclusion that the patent protection and infringement process is substantially more complex than that of the trademark infringement violation.
Outline:
Trademark Infringement
Overview
Case Law
Conclusions
Patent Infringement
Overview
Case Law
Conclusions
From the Paper
"Essentially, infringement of a patent occurs if one's protected item or process was sold or used without permission and/or compensation in any country where a patent has been granted to a party. This applies to Canada as well as any other country. Obviously no patent protections will be provided in a market in which a patent has either not been applied for or where the patent process does not exist in any mature form."
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Critical Incident Management, 2008.
This paper analyzes the influence of scenario-based planning in institutional strategic management for security organizations.
780 words (approx. 3.1 pages), 1 source, APA, $ 27.95
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Abstract
In this article, the writer discusses the influence of scenario-based planning within the policy measures found within critical incident management (CIM) for security organizations. The writer notes that with terrorism and natural disasters, such as 9/11 and Hurricane Katrina, this form of policy creating apparatus is helping to insure that authorities, organizations, and other people involved in security have a set of guidelines to follow in case of a future emergency. Many security agencies are currently using a scenario-based policy to enable officials and security personnel to adapt and understand emergencies and to follow set rules to keep order and stability in these types of organizations. The writer concludes that the primary facets of scenario-based planning are an influential part of how institutional strategic management is now being incorporated into modern security organizations.
From the Paper
"The role of scenario-based planning within security organizations has been a major influence in how policy in constructed for disasters or violent threats to any agency. Security firms have often used various models to help bring about possible scenarios to help create order and return normal functionality to many processes that include the safety of personnel, financial security, and the way that the organization is able to solve possible problems. With a new policy initiative focused on the necessity future scenarios, there is a general consensus through these organizations to bring forth ways to handle problems through their possible causal factors, rather than having to react with uncertain immediacy to events that were not premeditated."
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Breyer's Active Liberty Approach, 2008.
A review of Justice Stephen Breyer's active liberty approach to interpreting the US Constitution.
1,577 words (approx. 6.3 pages), 5 sources, MLA, $ 51.95
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Abstract
The paper discusses how US Justice Stephen Breyer takes issue with originalism as an approach to interpreting the US Constitution and advocates what he calls active liberty, which is a far more activist way of interpreting the Constitution. The paper also describes the intellectual profile of Justice Breyer in the context of his work, his life, his writing and his peers and argues that Justice Breyer's active liberty perspective is a useful one for dealing with the complex constitutional issues that arise in our dynamically evolving society.
From the Paper
"Many of the provisions of the Constitution are somewhat vague. Indeed, it is notoriously difficult to write legislation that is entirely unambiguous in all situations. This means that at times, a judge's task of interpreting and applying the law can seem more like an art than a science. Some judges favour textualism, which means that they try as hard as possible to stick to the letter of the laws as written. For example, Justice Antonin Scalia advocates "originalism," meaning that the courts should attempt to stick to the original meaning of constitutional texts (Ryan). However, other judges tend to be more activist, and have even been accused of using their position to pursue their own agenda, in effect legislating from the bench. "
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Police Training on Deadly Force, 2008.
An analysis of police training on deadly force in America, including an outline of the current training structure and methodology and a discussion of how to develop a more effective program.
4,611 words (approx. 18.4 pages), 16 sources, APA, $ 119.95
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Abstract
This paper asserts that police training on deadly force is a necessary prerequisite for social order and to maintain the efficiency and integrity of the security forces. This paper discusses the necessary components of police training on deadly force, how it can benefit society, and whether police training is an organizational or social issue. The paper also presents a comprehensive model of police training on deadly force based on the best practices presented by the literature. It is clear that there are many issues surrounding training for the police force in relation to deadly force; however this paper shows that it is a necessary facet of the overall humanitarian and peace-keeping initiative and should not be viewed as an extra process aimed at increasing bureaucracy. Lastly, this paper highlights the major elements of the training program that are necessary, while simultaneously highlighting aspects of the political, social, and economic environment that either pose an opportunity or threat to the proposed training initiative on deadly force.
Outline:
Introduction
Major Elements of Police Training
Principles of an Effective Training Strategy
Internal And External Factors That Affect Police Training On Deadly Force - A Critical Analysis
Strengths
Weaknesses
Opportunities
Threats
Police Training On Deadly Force: Terrorism, Crime Fighting, And Violence
State Sponsored Terrorism: Players and Operations
Literature Structure
Methodology
From the Paper
"State sponsored terrorism is two-tiered, many developed countries like the United States and United Kingdom, practice it for strategic reasons, that is, there is no religious affiliation, nor is there a general notion, that there is a need to have war in with certain states. However, there is a clear economic need, which then transfers into a need to have political allegiance with these states; hence without being physically present it is necessary to have alliances with groups that can promote the interests of the United States. Is this wrong? Should it even be called terrorism, or is it just a company take-over, where the country in question is the state? For example in the 1980's the United States was convicted of unlawful force due to their support of terrorist force in Nicaragua, this was a clear cut case of state sponsored terrorism, and highlights the dynamics of how intricate it can be."
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Analysis of Intelligence Support for Homeland Security, 2008.
This paper is a critical analysis of the United States' intelligence support for homeland security in dealing with the prevention of terrorist attacks.
3,574 words (approx. 14.3 pages), 14 sources, MLA, $ 99.95
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Abstract
This paper discusses the degree of progress being made in intelligence support for Homeland Security. The paper notes that the progress is primarily due to the expansion of government surveillance powers through the authority of the USAPatriot Act, the issuing of executive orders by the President authorizing controversial NSA wiretapping and other covert anti-terrorism measures, new intelligence programs, and recent modifications of FISA. The author states that these actions have enabled the Intelligence Community to improve and expand their efforts to prevent terrorist attacks on the United States, but that numerous problems still need to be overcome if future attacks are to be prevented. Furthermore, the author argues that there is increasing fear that far too many intelligence related government activities are covert and classified, which heightens the risk of abuses of power.
From the Paper
"In addition to dealing with domestic consequences in the form of Congressional oversight investigations and court challenges based on civil liberties and privacy issues, Intelligence Community officials also face the possibility of being indicted and prosecuted by the International Criminal Court. American government personnel involved in detainee interrogations are at the greatest risk because of their participation in controversial activities such as renditions and the ongoing use of enhanced interrogation techniques.
"The Bush Administration opposed the establishment of the ICC and argues that granting such a court with the global power and jurisdiction to bring American citizens to trial could lead to abuses. The current occupant of the White House and various cabinet officials have publicly expressed concerns about the ICC on various grounds, but the underlying reason for U.S. opposition to the International Criminal Court is that American Intelligence Community personnel, government agency officials, and soldiers could be brought before the ICC to be prosecuted for violations of international law and the Geneva Conventions."
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John Locke, 2008.
This is a historical study and analysis of John Locke's philosophy towards the American Declaration of Independence and his influence on the American Revolution.
2,530 words (approx. 10.1 pages), 8 sources, MLA, $ 76.95
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Abstract
This essay analyzes the importance of John Locke's philosophy on the American Declaration of Independence of 1776. The paper analyzes various segments of Locke's "The Second Treatise of Civil Government," the philosophical influence of the 'government by consent' for American leaders who sought to create a new representational republican government. This paper argues that the basis of Locke's philosophy on governing is readily applicable to the way and manner in which personal liberties took a greater value in early America. By understanding the premise of life, liberty, and the pursuit of individual liberties, Locke's philosophy represents a major influence on how America's revolution created a republican government that denied absolutist governmental institutions within this historical period.
From the Paper
"The ultimate act of revolution must stem from a dissolution of the laws that had once formed the unity of government. Locke also proposed this solution when a government had violated its own laws, especially through the corruption of those that rule or make these laws in association with the people. For the Founding Fathers, the ideology of representational government had become paramount, as they had virtually no rights to legally debate or vote in laws that might be beneficial for them, as well as the British government. They defined these beliefs through Locke's understanding of the inherent right of those being ruled to have a legal representation, even under a monarchy..."
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Three Legal Doctrines, 2008.
Examines three legal doctrines: criminal liability, strict liability and justification of criminal conduct.
1,535 words (approx. 6.1 pages), 6 sources, APA, $ 50.95
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Abstract
This paper relates that criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant. The paper also relates that strict liability assigns some minimum level of social behavior and conformity to the actions of individuals; hence, it does not require the principle of mens rea to hold. Next, the paper reports that justification of criminal conductrefers to any act that would ordinarily be considered a crime but is negated by the fact the action was used to mitigate some aspect of criminal activity.
Table of Contents:
Criminal Liability
Strict Liability
Example 1
Example 2
Example 3
Justification of Criminal Conduct
From the Paper
"Self-defense as a justification for criminal conduct is not uncommon and simply refers to actions taken by an individual to prevent another individual from inflicting harm. For example, if a burglar enters an individual's premises and during a struggle gets killed, this can be classified as self-defense. However, choosing to not walk away from a challenge and killing or hurting an individual who attacked, may not be self defense.
"The defense of others is similar to the self-defense scenario above except the act of defense is done by another party."
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Strict Liability, 2008.
An analysis of how legal costs and social costs are affected within a society by the strict liability rule via a comparison with negligence.
1,365 words (approx. 5.5 pages), 0 sources, APA, $ 45.95
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Abstract
This paper presents a general framework that explores aspects of the law and then presents a comprehensive analysis to highlight how aspects of strict liability affect activities related to optimal care levels and most importantly how strict liability relates to negligence.
Table of Contents:
Abstract
Introduction
Example 1
Example 2
Example 3
The Efficiency of Strict Liability: Negligence versus Strict Liability
Negligence versus Strict Liability: Legal, Economic, and Social Perspectives
From the Paper
"There is however, arguments that strict liability as a criminal process can lead to an unbalanced and unfair legal system, since it imposes guilt without due process. Is this a violation of individuals Constitutional Right and is imposing some social value or process on their activities or behavior? A typical example in many US is related to statutory rape - that is, this is considered a strict liability offence in many states. That is, not knowing the actual age of a minor is irrelevant in many states and the accused can be prosecuted and convicted irrespective of the details behind the case."
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E-Commerce and Intellectual Property Law, 2008.
A review of the importance of patents, copyrights and trademarks as they relate to intellectual property law and e-commerce.
707 words (approx. 2.8 pages), 2 sources, APA, $ 25.95
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Abstract
This paper discusses intellectual property law as it relates to e-commerce and business on the Internet. It lists and describes the several types of trademark infringement that can occur in the realm of e-commerce. The paper specifically focuses on the importance of patents, copyrights and trademarks as they relate to intellectual property law.
Table of Contents:
Introduction
Knowledge is Key
Legal Protections
Summary
Conclusions
Recommendations
From the Paper
"Patents have become a popular method of protecting products sold over the Internet. If one company fails to obtain a patent for a product, another company is destined to do so. Although patents offer protection, they can also link several companies together in a web of "cross-licensing agreements". This is actually beneficial, as patent infringement can then be avoided, and at the same time, each company in the web earns a royalty (citing Anonymous, 1996; Mykytyn & Mykytyn, 2005, p. 51). Copyrights are also great protection for those companies using e-commerce to sell their goods. User interfaces and graphical displays are protected by copyrights, as they are considered output created by a program (citing Nimmer, 1997; p. 52). Additionally, E-commerce sites that link to one another without authorization are not only unethical, but are also a copyright infringement. Trademarks are also effective and can be "any word, phrase, slogan, graphic image, musical phrase, distinctive sound, or other symbol used in the offer and sale of goods" (p. 52). This is to protect the public from confusing or misidentifying two products that may be very similar."
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Internet Gambling, 2008.
Evaluates the Unlawful Internet Gambling Enforcement Act of 2006.
1,635 words (approx. 6.5 pages), 4 sources, APA, $ 53.95
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Abstract
This paper explains that the Unlawful Internet Gambling Enforcement Act of 2006, which was intended to create regulations for Internet gambling and prevent money laundering and fraud from occurring online, ultimately adversely impacted the rights and freedoms of Americans, other nations and business entities. The paper clarifies the legalities, ethics and social responsibility of this act and points out the sanctions that were allowed by nations through the World Trade Organization against the United States because of the law. The author concludes that, since the law has been determined to be unjust, it is the ethical obligation of the U.S. to abolish the law and create new legislation, which will not hinder the rights and freedoms of stakeholders.
Table of Contents:
Introduction
Legalities
Ethics
Social Responsibility
Conclusion
From the Paper
"Nevertheless, as time progressed, Rose (2000) discussed that most nations were hesitant to control Internet gambling because it required an intricate examination of the laws where the gambling originated, the multiple server locations that were involved in the gambling activity and the laws regarding gambling in the country where the betting took place. Rose (2000) stated that, in the United States, several pieces of legislation were proposed since the 1990s that were intended to create governmental controls over Internet gambling, with several proposals outlawing Internet gambling altogether."
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Contemporary Death Penalty, 2008.
An examination of the issues surrounding capital punishment in America.
1,169 words (approx. 4.7 pages), 9 sources, APA, $ 40.95
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Abstract
This paper examines the past history of the death penalty in America and the present state of the issue. The paper points out that this paper is intended to serve as a guide for a local police chief and for the local prosecutor. The paper then offers predictions about the future of the death penalty in America and recommendations on how this issue should be handled in the future. The paper also explains the past history of the death penalty in America. In conclusion, the writer believes that the evidence does not support the wide-spread use of capital punishment, and law enforcement authorities and prosecutors should avoid lobbying for it except in the most heinous crimes and when dealing with the most incorrigible and dangerous criminals.
Outline:
Introduction
Past History of the Death Penalty in America
Present State of the Death Penalty Issue
Prediction on the Future of the Issue and Recommendations for the Local Police Chief and the Local Prosecutor
From the Paper
"Further, even as Americans "humanized" the means by which the death penalty was carried out in the nineteenth century, African-American slaves habitually received little protection under the law and were brutally punished with death for reasons that had little to do with dispensing justice. Those who have studied the history of the death penalty in American society since the nineteenth century note that the practice, though it became comparatively more humanized, still used "rough means" in executing its task; to wit, the not-always-reliable electric chair emerged towards the end of the nineteenth century and the gas chamber began to proliferate in the 1920s."
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The United States Supreme Court, 2008.
This paper examines the United States Supreme Court, looking into its history and procedures.
1,248 words (approx. 5.0 pages), 6 sources, APA, $ 42.95
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Abstract
In this article, the writer provides the background to the U.S. Supreme Court through a brief history of the Court. In addition, the writer presents an explanation as to how cases from trial court work their way up to the Supreme Court for review. The writer notes that both topics are rich with layers of complexity and for the purposes of this paper, an overview of the history and process of the Supreme Court is provided.
From the Paper
"Additional restrictions on appeals to the Supreme Court include some of the general restrictions applied to all appellate review. For example, appeals are restricted to losing parties, questions of law to be addressed must have been raised during trial court, and time restrictions exist in permitting the filing of an appeal.
"Once a case successfully reaches the Supreme Court docket, a lengthy review process begins which can take as long as three years to complete. Once the process is completed, the Supreme Court issues a number of opinions representing the different views held by the justices following the review process. The opinion most widely shared amongst the majority (the majority opinion) represents the final decision of the Supreme Court. "
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