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Vicarious Liability, 2007.
This paper examines the concept of vicarious liability and its applications in law enforcement.
843 words (approx. 3.4 pages), 2 sources, MLA, AU$ 37.95
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Abstract
The paper explains that vicarious liability is a legal concept which refers to one party being held liable for the injury or damage sustained by another party, in spite of the fact that they had no active involvement in the incident. The paper clarifies that the intent behind vicarious liability is to hold the proper party accountable when harm is committed. The paper relates the history behind this concept and looks at a variety of situations in which a party, including contractors, parents and employers, may be charged with vicarious liability .
From the Paper
"Before there was law enforcement, local communities operated self-help systems to keep the peace and enforce contracts. Before the thirteenth century a common law arose that there existed an involuntary collective responsibility by the whole community for the actions committed by each member of the community. Later this was formalized into law as the Community Responsibility System. It was enforced because community reputation would be lost and retaliation by the injured party would be leveled against the community if compensation was not paid. Costly wars were fought over the acts of one person committing a crime against someone in another community, and this had to be avoided."
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Child Abuse, 2007.
This paper explores the definition, boundaries and legal response to child abuse.
2,365 words (approx. 9.5 pages), 9 sources, MLA, AU$ 88.95
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Abstract
The paper discusses how there are no black-and-whites when it comes to human behavior. For example, it is not always to determine at what point yelling at a child becomes emotional abusive or when spanking turns into something physically violent. The paper looks at the difference between spanking and serious physical abuse. The paper contends that more progress needs to be made in terms of adjudication and the legal system. The paper examines the statistical reporting of child abuse and considers whether child abuse is over or under-reported. The paper concludes that as long as many inconsistencies exist with the law, it is necessary for the judicial system to look at sentencing on a case-by-case basis.
Outline:
Introduction
Definition of Child Abuse Prevention and Treatment Act
Spanking Versus Serious Physical Abuse
Study by Baumrind Showing Most Parents Spank Without Ill Impact on Children
Statistical Reporting of Child Abuse Numbers
Disagreement of Over/Under-Reporting of Child Abuse Claims
Investigative/Tool Inconsistencies
Racial/cultural Misrepresentations
American Psychology Association Recommendations
Suggested Actions to Take to Improve Child Abuse Adjudication Problems
From the Paper
"However, even within the law there are blurry areas, such as how does one define the word "serious"? Is it necessary, for example, to reprimand parents who spank their children? Is this a "serious" crime? In her article "Parents May Be the Ones Needing Spanking," Pitts cites a study by Dr. Diana Baumrind, a psychologist at the University of California at Berkeley, who followed 164 middleclass families from the time their children were in preschool until their 20s. Results showed that most of the parents used some form of corporal punishment, but giving a mild spanking--defined as openhanded swats on the backside, arm or legs--did not leave their children scarred for life. Although Baumrind opposes spanking, she was able to make a distinction between minor punishments such as spanking and harsher variations including shaking and blows to the head or face."
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The Dred Scott Case, 2007.
This paper discusses the pro-slavery verdict of the Dred Scott case, 1857.
1,495 words (approx. 6.0 pages), 3 sources, MLA, AU$ 60.95
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Abstract
The paper relates that the Dred Scott case emerged during the fight between Northern and Southern states on the subject of slavery in the 1856 presidential elections. The paper describes the case and shows how in each court, including the Supreme Court, the ruling favored the owners. The paper discusses how unfortunately for Dred Scott, he could never become a free man. But, the paper explains, that his efforts did not go in vain as his case accelerated the debate on slavery and he became a symbol of struggle for freedom for the black people in the U.S.
From the Paper
"Scott was born to slave parents and lived with his owners in St. Louis, Missouri. He was later sold to Dr. John Emerson around 1833 and since Emerson was a military officer, he would travel all over the country frequently. During his time with the new owner, Scott lived for long period of time in various cities such as Fort Armstrong, Illinois, Fort Snelling, Wisconsin Territory, Fort Jessup, Louisiana, and St. Louis. While some states had legalized slavery, Illinois was a free state and if Scott could prove his resident status, he could win his freedom. Scott decided to fight to become a free man and from 1846 till a decade later, his struggle continued and even reached the highest court of law in the United States."
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Legalization of Drugs, 2007.
An analysis of "Four Points about Drug Decriminalization," by Douglas Husak.
1,015 words (approx. 4.1 pages), 2 sources, MLA, AU$ 43.95
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Abstract
This paper discusses "Four Points about Drug Decriminalization," by Douglas Husak. It describes the views that Husak presents that drug users should not be punished and it then presents the writer's opinion that illegal drug production should be controlled rather than prohibited. The paper discusses the pros and cons of the various legal and social approaches to drug use.
From the Paper
"If illegal drugs were decriminalized, not just for users but for producers as well, the same people who use drugs now would probably continue to use them. However, they could live more normal lives, so drug-related crimes would likely be reduced. They could seek medical treatment without fear of prosecution. They could keep their jobs instead of going to jail. People who now reject using drugs would continue to reject using them because the reasons why they do not use drugs have little to do with legal or illegal. They reject drug use because they have other more important things to do with their lives, such as getting ahead in the world, earning a living, and paying a mortgage. Drug use gets in the way of upward mobility and success."
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Public Health Reform in the U.S., 2007.
A review of Alice Hamilton's autobiography, "Exploring the Dangerous Trades: The Autobiography of Alice Hamilton, M.D.", and the outcome of her work.
2,822 words (approx. 11.3 pages), 18 sources, MLA, AU$ 102.95
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Abstract
This paper explores the dangerous trades and public health reforms in the United States. The paper examines Alice Hamilton's contribution to improving workplace environments by looking at her autobiography, "Exploring the Dangerous Trades: The Autobiography of Alice Hamilton, M.D." The paper describes the outcome of her work, such as the establishment of the Occupational Safety and Health Administration (OSHA), which prevents worker abuse and protects American citizens from harmful work environments.
From the Paper
"A rapidly industrializing American economy was a major factor in the poor worker conditions of nineteenth century America (Henig, 1997). Alice Hamilton and her contemporaries were working with industries that had not previously existed and products that had not previously been made. Zierdt-Warshaw, Winkler, & Bernstein (2000) found that Hamilton investigated the hazards of mining, as well as working with paint, dyes, rayon fabric, explosive materials, and rubber, among other things. These products were relatively new and businessmen were eager to exploit them. Also new to America were the thousands of immigrants who came to America in the nineteenth century. These immigrants often came with limited skills and language. As such, they were often asked to do the jobs that no one else would. Like the products they worked with, immigrants were also exploited by businessmen aiming to make a profit (Sellers, 1997)."
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China's One Child Policy, 2007.
An analysis of the social and economic effects of the one-child policy in China.
1,768 words (approx. 7.1 pages), 8 sources, MLA, AU$ 69.95
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Abstract
This paper discusses the one-child Policy in China, now named the Law on Population and Family Planning, 2002. It explores the problems faced by the Chinese people due to the implementation of this policy and takes a deep look at its origin. The paper also examines the social and economic outcome of the one-child policy and the issue of infanticide associated with it.
Table of Contents:
Introduction
Origin of the One-Child Policy
Enforcement in Urban and Rural Areas
Social Problems
Infanticide
Conclusion
From the Paper
"The One-Child policy has been a successful attempt by China to curb its population. This law has now been renamed the Law on Population and Family Planning, 2002. It is viewed as a women friendly law but ends up compromising their freedom and equality. This law helps to educate people about family planning and helping women improve their status in society as well as ending discrimination of women and abandonment of female infants. These policies proved that the Chinese Authorities have softened their stance on the One-Child Policy but then they have stated that they will be continuing this policy during their 2006-2010 planning period."
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Drug Testing, 2007.
This paper explores the moral issue of drug testing without the consent of pregnant women.
1,615 words (approx. 6.5 pages), 3 sources, MLA, AU$ 63.95
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Abstract
The paper discusses how, both from a moral and ethical perspective, the question of drug testing is complex. The paper explains that hospitals must ensure that every patient receives the best treatment possible, including those who have not yet been born. However, in medical cases where a pregnant woman is involved, the mother also enjoys a right to privacy, guaranteed by the Constitution and this is where the moral dilemma presents itself. The paper looks at the original Supreme Court ruling, Ferguson v. City of Charleston, where a city hospital turned over drug test results from a pregnant patient to the police for prosecution when they found evidence of drug use. The paper concludes that drug testing of pregnant women should continue but the results of their tests should remain confidential. The paper asserts that otherwise there will be implications for many other government interventions into Americans' private lives.
From the Paper
"Morally and ethically, this question of drug testing is difficult at best. The original Supreme Court ruling covered the case Ferguson v. City of Charleston, where a city hospital turned over drug test results from a pregnant patient to the police for prosecution when they found evidence of drug use. The patients had no knowledge their results were turned over to police. As a result, 30 women were arrested and ten sued the city. One legal writer notes, "Petitioners were ten women arrested after seeking obstetrical care in a public hospital, some after giving birth. The women were arrested because they had tested positive for cocaine and were therefore suspected of having distributed illegal drags to a minor, namely, their fetuses" (Colb)."
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Patent Law & Genetic Medicine, 2006.
A discussion on how legal issues in patent law shape ethical decisions in human stem cell research.
4,186 words (approx. 16.7 pages), 20 sources, MLA, AU$ 135.95
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Abstract
This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.
Outline:
Abstract
Objective
Terms & Definitions of Study
Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography
From the Paper
"In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."
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Microsoft Monopoly Trial, 2007.
An examination of issues involved in Microsoft's monopoly trial.
936 words (approx. 3.7 pages), 4 sources, APA, AU$ 40.95
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Abstract
This paper summarizes some of the key issues in Microsoft's monopoly trial from the perspectives of Microsoft and computer users. Several of the terms Microsoft has used to define its marketing and overall corporate objectives are defined, such as "killer application." Microsoft's Internet browser is used as an example of the corporation's most recent "killer app." The issues of the trial are also discussed from the perspective of the user, which is to ultimately find the application that best suits her needs. The author concludes that usability and competition work hand in hand for or against the success of a product.
From the Paper
"A document released by the Microsoft Company reads, "Our industry is always looking for the next 'Killer Application' - for a category of software that, by its utility and intelligent design, becomes indispensable to millions of people ...". "The latest confirmed 'Killer App' is the web browser". When asked what Bill Gates himself meant by defining a web browser as a "Killer Application", he claims to have meant that browsing would be simply "very popular". Upon this response, The Microsoft Computer Dictionary is used to provide two definitions of the term "Killer App": 1) An application of such popularity and widespread standardization that it fuels sales of the hardware platform or operating system for which it was writing (in this case Windows); and 2) An application that supplants its competition. The latter is something that
Microsoft's browser has certainly managed to do."
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The Plea Bargaining System, 2007.
An analysis of the pros and cons of the plea bargaining system in the United States.
1,213 words (approx. 4.9 pages), 3 sources, MLA, AU$ 50.95
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Abstract
This paper presents a detailed examination of the plea bargaining system in the United States. The writer explores the history of the system and discusses when it may be used. It then discusses the benefits and the negative elements involved in using the plea bargaining system. The paper concludes that while there are pros and cons to the system, the benefits far outweigh the negative elements because of the time and money that the system saves.
Table of Contents:
Introduction
What Is It?
History
Benefits
Negative Elements
The Comparison
From the Paper
"There are numerous benefits to using the plea bargain system. The first and most important benefit from the standpoint of a prosecutor is the fact that it provides an automatic conviction. The prosecution does not have to worry about whether the evidence will hold up under the scrutiny of the system. They have to wonder if their witnesses will be believable during a traditional trial. In addition the prosecution is always at the mercy of the jury members. Jury members are human and subject to human emotion and error. A prosecutor faced with a trial will always be concerned that the jury will feel sorry for the defendant and even if convinced that the defendant committed the crime will acquit or provide a not guilty verdict."
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Ethics and Online Gambling, 2007.
A discussion on ethics and its role in information systems, particularly the ethicality of online or cyberspace gambling.
1,266 words (approx. 5.1 pages), 5 sources, MLA, AU$ 51.95
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Abstract
This paper discusses the important ethical issues that surround online gambling and their repercussions on American society. It discusses the legislation currently surrounding online gambling. The paper then discusses the changes occuring in the legal and financial procedures through which online gambling activities are conducted or transacted, now that the prevalence of online gambling is increasing.
From the Paper
"However, the question of the legality of these online gambling sites is being put into scrutiny. US legislation has decided to deregulate online gambling through the 1961 Wire Act, with an updated version through the proposed bill Unlawful Internet Gambling Enforcement Act. The Wire Act is perhaps the only legislation that exists that is relevant to online gambling activity, wherein the law "prohibits the transfer of betting information across state lines using wire communication, such as the telephone" (Chesler: 2006:24). This legislation was, of course, conceptualized at a period wherein online gambling, or the Internet for that matter, has not yet been developed and prevalently used by American society. On the new proposed bill, the Unlawful Internet Gambling Enforcement Act, online gambling owners and users are prohibited from engaging in online financial transactions that requires the use of credit cards and fund transfers (25). These measures are set in order to protect the user mainly, and the online gambling sites as investments, secondarily."
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No Child Left Behind, 2007.
This paper addresses unresolved problems in the educational reform known as "No Child Left Behind Act."
2,171 words (approx. 8.7 pages), 8 sources, MLA, AU$ 81.95
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Abstract
This paper examines problems in the No Child Left Behind Act, which was considered to be one of the most significant attempts at educational reform in recent history. The author considers how the Act affects students, teachers, and communities. Additionally, the author takes the position that No Child Left Behind Behind (NCLB) has had an overall negative effect on the educational movement in America and that there is need for a change in NCLB strategies. The author illustrates these points with several reviews of several publications.
From the Paper
"Meanwhile, the American Federation of Teachers asserts that "flaws in the law are undercutting its original promise" (www.aft.org), and federal guidance for states "has been unclear, untimely and unhelpful." Moreover, the AFT statement on their Web site indicates serious concerns about the "pervasive problem" of under funding; the cornerstone for NCLB is Title 1, and the authorization for Title 1 in 2006 was scheduled to be $22.75 billion (according to the legislation). But President George W. Bush has only put $13.3 billion in his budget request. "This continues a pattern of underfunding for NCLB," AFT explains, adding that the $9 billion left out of Bush's request is "crucial" to more than 1,700 secondary schools."
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Student Search and Seizure Case, 2007.
A case study of a hypothetical situation in which a student was searched and arrested at school for possession of cocaine and a comparison with real life cases of the same nature.
1,074 words (approx. 4.3 pages), 3 sources, MLA, AU$ 45.95
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Abstract
This three page paper analyzes the constitutionality of searches and seizures in schools. The writer explores a hypothetical case in which a student was searched and arrested when a cocaine pipe was found in her coat pocket. It then applies real life cases to the argument that the search of the hypothetical student at school, was illegal.
From the Paper
"In the TLO case the court ruled that the authorities had no reasonable suspicion that there were cigarettes in the student's purse. In our case, the officer had no reasonable suspicion that the student's coat pocket would contain drugs therefore he had no right to perform the search of her person."
"The weakest argument we have is the argument that the school did not have the right to search because it has no claim as the parent substitute. Several courts have upheld school searches with the ruling that the school operates as the parent during school hours, therefore the student has no right to privacy from school authorities.
However in the case of New Jersey v. T.L.O. the courts found that schools do not in fact act as parents."
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Pennell v. State of Delaware, 2006.
This paper examines the case of Pennell v. State of Delaware in which the court addressed issues surrounding an expert's testimony about serial killers.
1,702 words (approx. 6.8 pages), 4 sources, APA, AU$ 67.95
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Abstract
This paper explains that the distinctive elements, which help an expert develop a profile on a criminal and are referred to as a criminal signature, are elements of a crime that appear somewhat unique and allow the crime to stand out from similar crimes. The author points out that, in the Pennel v. State of Delaware case, the court made the correct decision to allow the expert to testify regarding the signature elements of the murders because these elements were crucial in linking the defendant to two of the murders. The paper relates that the fact that the defendant was found not guilty of one of the murders demonstrates that juries use signature elements as tools for decision making but do substitute the presence of certain criminal signatures for a lack of reasonable doubt.
From the Paper
"Because of their frequent use in television, books, and movies, the general public may believe that criminal profilers are involved in all aspects of crime detection and prosecution. This perception is inaccurate, but criminal profiling does play an important role in the investigation of serial criminals. While the Pennell court did not allow the expert to testify regarding the criminal profile used to narrow down the range of suspects, it did permit the expert to testify regarding those elements of the crime that helped the expert develop his signature."
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Pennell v. State of Delaware, 2007.
This paper examines the case of Pennell v. State of Delaware in which the court addressed issues surrounding an expert's testimony about serial killers.
1,695 words (approx. 6.8 pages), 4 sources, APA, AU$ 66.95
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Abstract
This paper explains that the distinctive elements, which help an expert develop a profile on a criminal and are referred to as a criminal signature, are elements of a crime that appear somewhat unique and allow the crime to stand out from similar crimes. The author points out that, in the Pennel v. State of Delaware case, the court made the correct decision to allow the expert to testify regarding the signature elements of the murders because these elements were crucial in linking the defendant to two of the murders. The paper relates that the fact that the defendant was found not guilty of one of the murders demonstrates that juries use signature elements as tools for decision making but do substitute the presence of certain criminal signatures for a lack of reasonable doubt.
From the Paper
"Because of their frequent use in television, books, and movies, the general public may believe that criminal profilers are involved in all aspects of crime detection and prosecution. This perception is inaccurate, but criminal profiling does play an important role in the investigation of serial criminals. While the Pennell court did not allow the expert to testify regarding the criminal profile used to narrow down the range of suspects, it did permit the expert to testify regarding those elements of the crime that helped the expert develop his signature."
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Judicial Review, 2007.
This paper discusses the Marbury vs. Madison case and looks at its impact on the judicial review.
2,955 words (approx. 11.8 pages), 9 sources, APA, AU$ 106.95
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Abstract
In this article, the writer notes that no doubt exists regarding the significance given to the complete and thorough understanding of the judicial review process. The writer points out that this process has been treated by many originalists as one of the most decisive, if not the key factor in the Marbury vs. Madison case. The writer maintains that over the years, reviews, analyses and answers given by the various jurists and researchers have varied considerably. With such contrasting views about the Marbury vs. Madison case, the writer states that it is important that one thoroughly studies judicial review in the light of the events, which unfolded before and after the Marbury vs. Madison case. The paper attempts to analyze the chain of events, which lead to the Marbury vs. Madison case and the impact of this case on the issue of judicial review.
Outline:
Introduction
The Review of Marbury v. Madison
Discussion and Conclusion
References
From the Paper
"Clinton reveals that this newborn concept of democracy had been on shaky grounds because of the 1800 elections since there had been clear uncertainty of the transfer of power between the opposing parties. In addition, there existed evident mistrust between the two parties and the federalists strenuously believed that the future of the Untied States would be jeopardized under the Republican rule; and therefore, they had been attempting to avoid such a situation by opposing and causing problems for any Republican take over."
"One of the loopholes, Clinton writes, along with the complete un-identification of political parties, had been that the new government could not appoint a fresh Congress till almost half a year after it took Office because of the haphazard way in which the constitution's timetable had been set. Hence, the Congress had been in control of the Federalists till the 3rd on March 1801, even though they had not been the ruling party."
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