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Papers On Law & Legal Systems
Page 128 of 156

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The Erosion of Miranda v. Arizona
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A 3 page paper which discusses the controversial Supreme Court decision and comments on the erosion of the rule, discussing case law exceptions and their rationale by the high court. Bibliography lists 3 sources.
Filename: TGmirvariz.rtf

The Erosion of Traditional Values: The Importance of Judicial Nominations
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A 5 page contention that secularist ideologues are decaying our traditional values on topics such as marriage between man and woman, abortion, pledge of allegiance and saying "Under God". Supreme Court nominations are critical because when those that do not support our traditional values enter the Supreme Court they are given long-term power. Their decisions slowly and methodically change our law and our country. Bibliogrpahy lists 4 sources.
Filename: PPrlgDcy.rtf

The EU Commission; Article 226 and the Governance White Paper COM (2001) 428 final
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This 19 page paper is written in two parts. In the first part the paper assesses the European Commission in acting as 'guardian of the Treaties' under Article 226. This part of the parts takes a board view and cites many cases. The second part considers the European Commissions ability to give effect to the proposals in the Governance White Paper, COM (2001) 428 final. The bibliography cites 8 sources.
Filename: TEart226.rtf

The European Courts of Justice as Law-makers
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This 10 page paper considers the question “do the European Court of Justice have as much influence on the development of community law as the council of ministers”. The bibliography cites 6 sources.
Filename: TEECJcom.rtf

The Evolution of the Doctrine of Consideration
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This 5 page paper examine the doctrine of consideration in UK law and discussed how it has developed though the interpretation of the courts. The writer cites numerous cases and argues that its’ importance is lessening. The bibliography cites 7 sources.
Filename: TEcondev.rtf

The Exclusionary Rule
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This 6 page paper provides an overview on the exclusionary rule as it pertains to the Fourth Amendment. The topic involves the admissibility of evidence collected as a result of a search and seizure. Several landmark cases are noted. Bibliography lists 6 sources.
Filename: SA1174th.rtf

The Exclusionary Rule Should Not Be Abolished
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This 3 page paper first provides an overview of the exclusionary rule. Then the paper argues that it should never be abolished because it is a rule that protects the people. Bibliography lists 2 sources.
Filename: SA730exc.rtf

The Exclusionary Rule: Bane or Boon?
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This 12 page paper provides an overview of the issues surrounding the exclusionary rule and its utility in law. Bibliography lists 10 sources.
Filename: MHExclu3.rtf

The Expert Witness
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A 'fair' trial is said to be guaranteed in the United States, however, that is the ideal and not the reality. The judicial system, with all of its problems and flaws, is a combination of law, applied rules of conduct (judicial procedure) and the personal and political situations and circumstances of each individual crime. This 5 page paper examines John Grisham's book, A Time To Kill and the relevance and admissibility of the expert witness for the defense. Bibliography lists 5 sources.
Filename: KTexpwit.wps

The Failures to Bring Justice in the East Timor Dili Court
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The atrocities which occurred in East Timor was well documented. With the development of a new legal system and the desire for Justice, ad hoc human rights courts were set up with Timorese and intentional judges. However, despite the seriousness of the crimes and the system that was set up many of those charged faced only lesser domestic Penal Code violations. This 12 page paper consider if more serious international crime charges should have been brought and why they were not, despite international outcries. The bibliography cites 12 sources.
Filename: TEeastim.rtf

The Family and Medical Leave Act and the Case of Kroger
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This 4 page paper looks at the Family and Medical Leave Act of 1993, outlines what it is and how it can be applied, explains the case of Kroger and the class action that they faced looking for the root cause before discussing more HRM challenges that companies may face. The bibliography cites 4 sources.
Filename: TEFMLAkrog.rtf

The FDA’s Battle Over the Tobacco Industry
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This 3 page paper provides an overview of the regulatory issues with the tobacco industry. The FDA has struggled for some time with their role in the regulatory control and jurisdiction over the tobacco industry. On March 21, 2000, Justice Sandra Day O’Connor handed down the Supreme Court’s majority opinion regarding this issue. This paper considers the arguments of O'Connor, her dissenters, and the reason that regulatory control has not been determined. Bibliography lists 2 sources.
Filename: MHSmok22.rtf

The Federal and State Judiciary
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This 6 page paper answers questions set by the student. The paper starts by describing the federal judiciary in the United States, then looks at when cases may be brought before the state, rather than the federal courts, the third questions explains, with examines, the concept of concurrent jurisdiction, next the role of the appellant courts is considered and finally there is consideration of which court, state pr federal, would be best suited for the trial of a drug dealer. The bibliography cites 3 sources.
Filename: TEfedstate.rtf

The Federal Civil False Claims Act
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This 5 page paper provides an overview of a case that relatse to the Federal Civil False Claims Act. This paper looks at the case of United States ex rel Minnesota Association of Nurse Anesthetists v. Allina Health System Corp. (276 F.3d 1032 (8th Cir. 2002)). Bibliography lists 5 sources.
Filename: MHFalseCL.rtf


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