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Papers On Law & Legal Systems
Page 5 of 152
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An Analysis Of Various Affirmative Action Programs
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A 5 page paper exploring the differences and similarities between affirmative action programs based on race, sex and disabilities (ADA). The paper explores these issues from the viewpoint of public policy. Bibliography lists 10 sources.
Filename: Affpr.wps
Minorities and Women: Having a Fair Shake, Having a Fair Share
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8 pages. Justice Harlan, in his famous dissenting opinion in Plessy versus Ferguson, argued that the constitution was color-blind, and neither knows nor tolerates classes among citizens. Justice Blackmun, in his remarks on the much later affirmative action case of Regents of the University of California versus Bakke, argued that in order to treat some persons equally, we must treat them differently. These two conflicting issues represented in Harlan’s and Blackmun’s judicial statements must be analyzed carefully in order to discern the carefully reasoned arguments that each presented. The question must be asked, how successfully do affirmative action policies and the arguments for and against them address Harlan’s and Blackmun’s principles? Examination of the fourteenth amendment and the ways the Supreme Court has come to interpret it, as well as the general law and affirmative action, must be addressed within their historical and social context. Bibliography lists 5 sources.
Filename: JGAmnwmn.wps
Taxman vs. Piscataway / Employment Discrimination & Title VII Affirmative Action
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A 5 page paper that provides an analytical case study of the US Circuit Court of Appeals case of Taxman vs. Piscataway, and considers how this case might have been evaluated by the US Supreme Court. Bibliography lists 1 source.
Filename: Taxman.wps
The Philosophies Of Plato -- Applied To Today's Affirmative Action Debate
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A 10 page paper discussing affirmative action from the philosophical perspective of Plato. Both sides of the debate over affirmative action are briefly presented. Bibliography lists six sources.
Filename: Affpoli.wps
Title VII – Outlawing Racial Discrimination
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This 15 page paper explores Title VII of the Civil Rights Act of 1964, which outlaws discrimination. Bibliography lists 6 sources.
Filename: HVTtlVII.rtf
Australian Family Law and Custody Concerns
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This 15 page paper covers this issue fully in addition to examining divorce issues and family violence. Changes in trends in divorce is the focus of this paper that looks at models like fifty-fifty parenting. Australia Family Law is discussed. Bibliography lists 14 sources.
Filename: SA636Aus.rtf
"Arc of Justice" – Justifiable Homicide
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This 5 page paper discusses the book "Arc of Justice" about the shooting of a white man by blacks in Detroit in 1925. It argues that the acquittal of the black defendants in the subsequent trial was the correct decision, but also that they would not have been acquitted with any attorney other than Clarence Darrow defending them. Bibliography lists 4 sources.
Filename: HVOSweet.rtf
"Battered Women in the Courtroom-The Power of Judicial Responses": A Review of the Book by James Ptacek
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A 5 page paper analyzing Ptacek's review of the legal complications facing a woman who has been battered by her husband or significant partner. Ptacek's book stands out in three critical areas. In addition to considering the effects of men's violence on the daily lives of women, "Battered Women in the Courtroom-The Power of Judicial Responses" provides a review of the laws designed to protect women from abusive men and evaluates the response of judges to battered women who enter their courtroom seeking legal redress. Concludes that Ptacek's analysis of the legal arena facing battered women in the courtroom is one of the most thorough and detailed as of yet provided in the literature. No additional sources are listed.
Filename: PPwomBtr.wps
"Internet and Computer Law: Cases-Comments-Questions": A Discussion of the Principles Illuminated by Authors Peter B. Maggs, John T. Soma, and James A. Sprowl
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A 12 page discussion of the ease with which private and proprietary information can be unscrupulously gleaned from the multitude of computerized digitized files which exist in the contemporary world. The laws which exist for the purpose of protecting our privacy and the ownership of intellectual property have proven to be a little real benefit. The case law outlined by Maggs, Soma, and Sprowl is used as a springboard in this paper to discuss several independent examples of where information privacy becomes an issue and the measures that can be taken
to protect that privacy. Bibliography lists 3 sources.
Filename: PPlwComp.rtf
"Oregon v. Smith, et al"
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This 8 page paper summarizes the case Employment Division v Smith 494 US 872 (1990) and argues that the Supreme Court's ruling was in error. Bibliography lists four sources.
Filename: HVORSmth.rtf
"Unconstitutional" Alcohol Sales Prohibitions by US Cities
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A 10 page paper discussing the trend toward sharply restricting alcohol sales in cities for the purpose of restricting availability in narrow locations. Restricting alcohol sales by zoning and imposing time controls is not unconstitutional in action, but it certainly does oppose the intent of the Constitution and specifically the 21st amendment that repealed Prohibition in 1933. Citizens and local politicians alike need to ensure that their communities do not fall into the trap of "back-door" prohibition that already has been overruled by the 21st amendment. Bibliography lists 10 sources.
Filename: KSlawAlcSalCit.rtf
"What’s Important In Law In A Society Is Social Facts And Not Morality Or Justice": Commentary
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3 pages in length. Herbert L.A. Hart's (1997) assertion of "what's important in law in a society is social facts and not morality or justice" (p. PG), goes against the very grain of the entire legal process. In order to accept this accusation, it is important to understand how and why the notion of law first developed. Bibliography lists 7 sources.
Filename: TLCLawCm.rtf
"Who Owns Information?: From Privacy to Public Access"
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A 9 page discussion of the concerns presented in the book by Ann Wells Branscomb. The
management of information has become considerably more complex in the last few generations. Branscomb details the topic of information ownership
with a particular emphasis on the risks which currently exist in regard to information privacy. Branscomb's book supports the contention that,
although laws exist to protect digitized information, those laws are inadequate. Bibliography lists 3 sources.
Filename: PPpriva3.rtf
'Reckless Disregard' aka Libel
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This 5 page report discusses the basics of libel law within the realm of mass communication. The writer discusses the courts' definition of libel as well as noting several cases dealing with 'reckless disregard.' Bibliography lists 7 sources.
Filename: Rdlibel.wps
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