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Contract Law: Breach of Contract, 2008.
A discussion of the law of contract, and especially laws that apply to breach of contract.
1,347 words (approx. 5.4 pages), 4 sources, APA, AU$ 54.95
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Abstract
This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper
"One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
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Genetically Modified Foods, 2008.
A personal viewpoint on the genetically engineered food debate, focusing on the "Monsanto vs. Percy Schmeiser" litigation case.
1,995 words (approx. 8.0 pages), 9 sources, MLA, AU$ 75.95
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Abstract
The paper examines the "Monsanto Canada Inc. v. Schmeiser" case and the decision of Canada's Supreme Court to give agricultural multinationals the power to penalize and to bring before the courts farmers who find themselves the inadvertent possessors of patented seed products. The paper argues that this case is an example of patent protections being expanded in ways that ultimately hurt farmers, endanger the environment, encourage greater genetic modification of foodstuffs and cause genetically modified foods to find their ways onto the plates of ordinary Canadians in ever-increasing numbers. The paper is of the opinion that the inability of the Court to appreciate the long-term consequences of its decision will cause hardship for many.
From the Paper
"The following paper will look at the ongoing debate about the genetic manipulation of foodstuffs with an eye towards exploring whether or not the expansive patent rights recently granted to plant seed developers such as Monsanto is an example of forward-thinking jurisprudence by the Canadian Supreme Court - or an instance of short-sighted legal reasoning that will create more problems than it will solve. Such a paper is important because genetically modified foodstuffs - courtesy of powerful multinationals - are more prevalent now than ever before and the likelihood that the foods we eat will be foods engineered in a laboratory somewhere is an issue which should be of the utmost concern to anyone who has reservations about eating such items and/or reservations about the ecological and environmental ramifications of introducing into an agricultural ecosystem a living organism that nature has not on its own seen fit to introduce."
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Workplace Discrimination, 2008.
A statement of company policies on discrimination Diversified Enterprises, Inc.
2,089 words (approx. 8.4 pages), 7 sources, MLA, AU$ 78.95
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Abstract
The paper presents Diversified Enterprises, Incorporated's statement of discrimination policies. The company explains that they provide this handout as an outline of the requirements of Title VII, so that all employees are aware of their rights and responsibilities under Title VII. The company discusses their compliance with these requirements that outlaw any form of discrimination and sexual harassment. The company claims that they work aggressively to ensure that all anti-discrimination laws are fully carried out.
Outline:
Title VII Requirements
Good Faith Occupational Qualifications
The Law Forbids Retaliation
Ordinary Discipline Is Not Retaliation
Religious Discrimination Is Not Tolerated
The Company Will Try to Provide Reasonable Accommodations
Employee's Responsibilities
Sexual Harassment Is Not Legal
Policy Against Sexual Harassment
Prohibited Behavior
Monitoring
Discipline
Retaliation
Complaint Procedure
From the Paper
"The key law which we must follow is Title VII. Title VII is the most important federal law protecting against discrimination in the workplace, but it is not the only law. Other laws prohibit discrimination based on age, pregnancy status, citizenship, disability, or union membership. Because of its preeminence in the field of employment discrimination, the Company has provided this handout as an outline of the requirements of Title VII, so that all employees are aware of their rights and responsibilities under Title VII, and are aware of the responsibilities of the employee under this law."
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Sexual Harassment, 2008.
An analysis of the reasons for, issues involved in, and preventative methods for sexual harassment in the workplace.
2,576 words (approx. 10.3 pages), 8 sources, APA, AU$ 92.95
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Abstract
This paper examines the most common types of sexual harassment and provides the federally accepted definition of sexual harassment. The paper further discusses important legal issues of sexual harassment in the workplace, particularly for employers. It also looks at the federal and state laws prohibiting sexual harassment and then analyzes effective prevention methods.
From the Paper
"Sexual harassment is an age-old problem that has entered the lime light in the past several years. Harassment is not new or necessarily changed, but individuals have become more aware of how their comments and actions can be offensive to others. Employees have the right to a workplace where they feel safe and free of sexual harassment. Comments and derogatory statements can affect the employee in a negative manner as well as the company. Sexual harassment suits have cost companies millions of dollars and could even risk the company's ability to remain open to the public. It is essential and legal to ensure that employers protect their employees from harassment and take the necessary steps to rectify any allegation of abuse. Employers can no longer turn a deaf ear to sexual harassment and are held responsible for the work environment that is created within their company. We as a society have an obligation to ensure that laws are followed and we do our part to not harass anyone as well, it is not only a moral issue but it is the law."
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The European Court of Justice, 2008.
An analysis of the roles and objectives of the European Court of Justice.
1,170 words (approx. 4.7 pages), 5 sources, MLA, AU$ 48.95
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Abstract
The European Court of Justice (ECJ) is a legal body within the construct of the European Union (EU) that handles legal disputes and defends the "Treaties of the European Union". This paper discusses how, up until now, the ECJ has played a central role in the ongoing development and evolution of the EU and how now it is taking a larger role within the context of EU commercial treaties and regulations involving both national and private entities.
Outline:
Overview
ECJ Objectives & Processes
ECJ Procedures
Conclusion
From the Paper
"Another method of access to the ECJ are the proceedings for failure to fulfil an obligation or similar. These proceedings are nothing more than the ability of the Commission or even a member state to start the proceedings within the ECJ's jurisdiction that will require another member state to comply with a relevant EU law or treaty (Tallberg 76). One example of this regulatory role of the ECJ is the ECJ's ruling that instructed France to accept British beef following the denouement of the mad cow scare several years ago (Tallberg 77). "
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Protecting Home Buyers, 2008.
This paper looks at agencies and laws dealing with the protection of home buyers.
3,412 words (approx. 13.6 pages), 14 sources, MLA, AU$ 115.95
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Abstract
In this article the writer discusses the various agencies and laws which exist to protect home buyers in the real estate transaction process, from securing the necessary credit to dealing with real estate agents. The paper devotes a great deal of time looking at what rights new home purchasers have with regards to gaining access to credit, for it is credit that ultimately determines whether any such purchase will be possible in the first place. Furthermore, the paper also peers into the legislation geared towards protecting those who wish to buy homes from others, but who may have to deal with antiquated racist attitudes in the process. Lastly, the paper offers a brief critique of the available literature and what it appears to suggest about the measures presently in place to protect home buyers in America.
From the Paper
"Other organizations contribute in other ways. For example, Wood reports in a 2005 study he also conducted on behalf of the Government Accounting Office that the Department of Agriculture and Urban Development's Federal Housing Administration and the Department of Agriculture's Rural Housing Service guaranteed roughly $136 billion in mortgages for multi-family rental housing, for various health care facilities and, most importantly for our purposes, for single family homes. Apparently overgenerous to a fault, both organizations have also had to suspend their issuance of guarantees in the past because they went over the dollar amounts they were permitted to spend under their commitment authority or, in a closely-related vein, because they went over the dollar limits prescribed to them under their credit subsidy budget authority for a given year. Needless to say, the result of these suspensions is that many families which rely upon the aforementioned loan guarantees find themselves faced with unexpected financial hardships. Wood reports that, while both programs have many things which commend themselves, the simple fact of the matter is that the FHA and RHS loan guarantee programs operate on a first-come, first-served basis - a practice which can easily discriminate against poor families who lack knowledge about the programs."
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No Child Left Behind Act, 2008.
A critical analysis of the No Child Left Behind (NCLB) Act of 2002.
702 words (approx. 2.8 pages), 4 sources, APA, AU$ 30.95
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Abstract
This paper analyzes the No Child Left Behind (NCLB) Act, which was signed into law in 2002 by President George W. Bush. The paper describes the rationale governing the Act as well as the desired outcomes. It also describes criticism of the Act by various parties, both before and after its passage and then briefly describes the success of the Act in achieving its desired outcomes.
From the Paper
"Others, however, maintain that NCLB does precisely what it is designed to do. Representatives from the U.S. Department of Education stress NCLB's successes, noting that the fourth anniversary of NCLB has come with increased student performance in all domains assessed by the testing process. Schools and teachers are also conforming to the increased emphasis on certification and are engaged in improving student performance. The criticisms of funding are dismissed on the grounds that the money has come in different venues to the states, or that it will be reimbursed in the future. Finally, the testing process continues to be refined and doing so is a work in process: the initial phase of NCLB is concluding and after this point, the previously-stated beneficial outcomes of the testing process can be realized (Hess & Petrilli, 2006)."
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Equity in Canada, 2008.
An examination of the controversial R. v. Gladue decision of 1999 and what it portends for Canadian justice.
1,190 words (approx. 4.8 pages), 4 sources, MLA, AU$ 48.95
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Abstract
This paper looks at a prominent Canadian Supreme Court case and explores what social issues it raises. In particular, it focuses on the "R. v. Gladue" verdict of 1999. It analyzes the specter that the case raised, that the Court is prepared to put group affiliation ahead of other mitigating or aggravating criteria when assessing the length of time a wrong-doer should spend behind bars. The paper suggests that Canada is moving towards a legal approach that expressly discriminates against some groups while privileging others.
From the Paper
"Taking into account these articles, it is clear that the Supreme Court's enthusiastic support for 718(2) signals judicial recognition of the idea that treating natives differently than non-natives is somehow acceptable - and if one group can be permitted this indulgence, then why not others? The social implications are that, in the hands of unscrupulous or incompetent jurists, a sort of racial (or gendered) apartheid before the law may take place whereby "historically disadvantaged" groups may find themselves the happy beneficiaries of a legal system that grants them concessions not available to others. While this sort of approach may seem just to some, it essentially means that the courts are no longer color-blind but are, instead, unelected and unaccountable lobbyists for some groups rather than for other groups. The articles therefore shed light on the implicit dangers of traveling down this path and they are persuasive for no other reason than that justice which refuses to treat those who come before the courts equally is scarcely justice at all."
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The Rule of Law, 2007.
An examination of the rule of law in pre-modern China and Korea.
1,477 words (approx. 5.9 pages), 6 sources, MLA, AU$ 57.95
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Abstract
This paper looks at the rule of law most commonly used in association with Chinese pre-modern (and modern) history, and by extension with Korean pre-modern history. It explains how the rule of law under Chinese legalism failed in its aims to revolutionize the corrupt existing governmental system. The paper concludes with the suggestion that future research should keep abreast of the current literature and political situation in China, Korea, and other countries in terms of gauging whether the rule of law still has modern relevance.
Outline:
Introduction
Methods
Literature Review
Discussion
Conclusion
From the Paper
"The rule of law is a concept introduced by government which dictates that authority is only legitimately allowed when it is in agreement with written public laws and according to recognized legislative procedures. It is used as a safeguard against a government's ability to act of its own volition, as is rife under typical totalitarian and authoritarian arrangements. The arrangement generally capitalizes upon a distinct separation of authority with an emphasis on equality for the state's citizens. However, as with many government-enforced institutions designed with magnanimous goals, many believe the law amounts to little more than bureaucracy - that it is a superficial concession to public pressure which does not in reality restrict arbitrary governance, as government privileges can still be ratified via transformation into legal provisions."
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High School Newspapers, 2007.
This paper argues against the censorship of high school student newspapers.
770 words (approx. 3.1 pages), 6 sources, APA, AU$ 32.95
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Abstract
This paper explains that the Supreme Court held that student newspapers could be censored by the principal or other administrators.
The author points out that student newspapers are not censored in California because, in this state, this type of censorship would be a violation of the First Amendment. The paper stresses that student newspapers should not be censored because many of the issues in these newspapers are faced by students on a daily basis. The author argues that reading about these subjects help students to understand better these problems. The paper includes quotations.
From the Paper
"The principal refused to run the two pages because he believed it was wrong for students to talk about sex and similar topics. ... The two articles that were pulled from the school newspaper were about divorce and pregnancy, thus being inappropriate for younger ages. These topics according to the principal were too mature for students in the school. ... Quite frankly, this gives schools the "carte blanche for censorship." While principals and other administrators may believe students are not mature enough to hear or discuss controversial issues, the fact is that students are dealing with these issues on a daily basis..."
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Prince and Warner Brothers Records, 2007.
An analysis of the way in which the music profits of the artist Prince were limited by his contractual obligations.
1,409 words (approx. 5.6 pages), 2 sources, MLA, AU$ 55.95
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Abstract
This paper analyzes the various ways that Prince was made subservient to contractual demands by the major recording company, Warner Brothers. It discusses the extent of Prince's contractual obligations and examines how they virtually entrapped him into an epic decade long contract. The paper then looks at how this contract limited his ability to make profits off of his albums sales.
From the Paper
"In conclusion, the record industry hegemony of Warner Brothers acted as an agent of corporate greed, which disallowed Prince to make the money he surely deserved. This type of corporate hegemony also forced Prince to sign long term record deals, which virtually enslaved the artist under restrictive and non-profitable conditions. This study also briefly shows the independent business side of Prince that provides the reasons why prince had chosen to reject the terms provided in his contracts. Furthermore, Prince would often be categorized as "black music", which was a part of the racist hegemony of the record companies to pigeonhole artists into narrow categories. Prince decided to resist and deny this type of limited identity, defining his rebellious role as a subservient artist beneath the corporate hegemony of Warner Brothers records."
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Indian Child Welfare, 2007.
An analysis of the problems associated with the 1978 Indian Child Welfare Act (ICWA) and possible solutions to the problems.
1,534 words (approx. 6.1 pages), 7 sources, MLA, AU$ 60.95
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Abstract
This paper analyzes Indian child welfare in Oregon in the United States. It particularly discusses the 1978 Indian Child Welfare Act (ICWA), which regulates placement proceedings involving Native-American children. It looks at the benefits of the law, as well as the problems associated with it, such as the lack of proper enforcement. The paper then discusses how these problems can be remedied.
From the Paper
"In conclusion, the Indian Child Welfare Act was passed into law in 1978 because the federal government recognized that it was necessary to reestablish tribal authority in Oregon and other states in cases involving the adoption or removal of Native American children from their homes. The ICWA was considered necessary because a very high percentage of Indian families had been broken up by non-tribal agencies because state officials did not understand or accept Indian culture."
"In order to remedy this, the ICWA established minimum standards for the removal of Native American children from their homes and assured tribal participation in court proceedings. But in Oregon and many other states, establishing clearer guidelines is necessary so caseworkers can formulate plans that conform to federal ICWA standards and thus ensure that the intent of the federal Act is fulfilled, and the rights of Native American children and their families are protected."
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Cigarettes Tax, 2007.
This paper analyzes Proposition 86 of the State of California to add $2.60 in taxes to every pack of cigarettes, which could raise the price of the average pack to $7.
830 words (approx. 3.3 pages), 2 sources, APA, AU$ 35.95
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Abstract
This paper states that the anti smoking Proposition 86 is one of the most hotly contested propositions in California's legislative history. The author points out that the proponents argue that it will reduce smoking, improve health care services, and provide valuable tax revenues for the state. The paper reports that the opponents stress that the tax is a back door funding of the health care industry, is an irresponsible use of taxpayer money and financial punishment for millions of adults in the state who decide of their own volition to smoke, an activity that is still legal in the United States.
From the Paper
"California is currently home to about 9% of the total population of smokers in the United States. This is a significant portion of the total population of cigarette smokers who will all be affected drastically by the tax increase on packs of cigarettes via Proposition 86. The immediate effect of the tax will be to decrease sales of packs of cigarettes in the state. This is basic economics. If the price of a pack of cigarettes increases so dramatically, by more than 50% in this case, it will inevitably lead to decreased sales as more individuals have difficulty absorbing the increased overall cost of smoking (never mind the long-term health costs)."
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Mortgage Fraud, 2007.
An analysis of the implications of mortgage and title fraud and legislation to attempt to prevent it.
793 words (approx. 3.2 pages), 5 sources, MLA, AU$ 34.95
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Abstract
This paper discusses mortgage and title fraud. It discusses a 2005 Ontario Court of Appeal decision regarding fraudulent mortgages and its implications. The paper then looks at who the victims are in mortgage fraud. It examines the pending legislation of the Ontario government which will attempt to address some of the problems involved in mortgage and title fraud. Finally, it looks at how property owners may protect themselves through title fraud insurance.
From the Paper
"However, this proposed action plan is not the proper solution to this problem. In effect, while mortgage and title fraud has always been a problem, the current crisis relates directly to the Ontario Court of Appeals ruling in 2005 that judged fraudulent claims to be legally valid. In fact, the proposed Bill 152 does not address this issue but only restores title to the real owner but leaves him/her responsible for the fraudulent mortgage (Aaron). Clearly, the Ontario government is responding to public concern in this area, and the possibility that the Court will not - in its review of its earlier decision - be willing to admit that it made a mistake and reverse this precedent-setting ruling. I would argue that if banks were legally responsible for the mortgage, they would have the incentive for greater diligence than they are currently exercising. Thus, it would be more legally and economically efficient if this situation is resolved through the legal system that exacerbated the problem."
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The Canadian Legal System, 2007.
Outlines the reasons why judges should not make laws in Canada.
877 words (approx. 3.5 pages), 4 sources, MLA, AU$ 37.95
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Abstract
This paper briefly outlines the reasons why judges should not make laws in Canada. Specifically, the paper assesses the dangers of having unaccountable officials in the role of law-makers. It also examines how special interests can insinuate their way into the deliberative process courtesy of judicial activism. Finally, the paper explores how the credibility of the courts as a bastion of even-handedness can be damaged by judicial activism.
Table of Contents:
Introduction
Unaccountable Public Officials Acting As Elected Officials
Special Interests
Judicial Activism Creates Appearance Of Subjectivity, Not Objectivity
Proposal For Reform
Conclusion
From the Paper
"The easiest way in which Canadians can cut down on judicial activism is to borrow from American practices. Specifically, nominated justices should attend public hearings and be asked about their political philosophy towards various aspects of the law. At the same time, the entire vetting process should be made available to all parties and not simply to the ruling party (or the Prime Minister's Office). Additionally, albeit it is a more controversial point, justices who appear to offer fanciful interpretations of the law should be subject to recall - either for outright incompetence or for a lack of integrity. If these measures are done, Canadians will have a cost-effective way of curtailing irresponsible activism which might lead to some groups being deliberately favored over others by the courts."
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Law and Economics, 2007.
An analysis of how law and economics relate to property and liability, as seen in the cases of "Miller et al. v. Schoene" and "Boomer v. Atlantic Cement Co".
1,069 words (approx. 4.3 pages), 5 sources, MLA, AU$ 44.95
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Abstract
This paper analyzes the cases of "Miller et al. v. Schoene" (1928) and "Boomer v. Atlantic Cement Co" (1970), which both touch upon similar issues in law and economics related to property and liability. The paper argues, in comparing and contrasting the rulings in the two cases, that in evaluating real world circumstances and cases the law does not reflect pure economic analysis of these questions. It suggests that the law has tended to treat negative externalities by a liability rule as opposed to a property rule.
From the Paper
"In this analysis, we can see that the court in the case of Boomer v. Atlantic Cement Co. generally followed the trend of courts and has "been reluctant to go beyond the requirement that damages be paid". In this regard, the court was restricting itself to issues of liability and not delving into the more complex economic issues in judging the costs of air pollution against damages to the community. Indeed, as Ronald Coase observes, purely economic considerations and analyses of cases before courts often does not impact court rulings: "it has to be remembered that the immediate question faced by the courts is not what shall be done by whom but who has the legal right to do what". As another critic notes, the issues of cost interdependence in ruling between property owners in such cases is often "a technical-economic interdependence not a legal one"."
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