Abstract This paper discusses the similarities and differences between Americanlaw and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper "In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
Abstract This paper discusses the paternalistic legislation that exists throughout Americanlaw. The paper discusses the inconsistent logic of these laws and argues that there is no possible justification for paternalistic regulation that is subjective in its focus, permitting certain activities while prohibiting others that are indistinguishable in their relative (or potential) harm, under penalty of law.
Table of Contents:
Introduction - Government Paternalism
The Inconsistent Logic of American Paternalistic Legislation
The Solution - Logical Consistency in Paternalistic legislation
From the Paper "There is no doubt that government has a duty to protect citizens from the direct harm associated with other peoples' choices. Criminalizing the dangerous practice of driving under the influence of alcohol and drugs is not paternalistic, but for the practical benefit and safety of others.. What is more arguable is whether criminal law should address private behavior that does not directly threaten others, but which does, in effect, harm society indirectly. When a motorcyclist sustains serious cranial injury because he chooses not to wear a helmet, or where chronic smokers and alcoholics raise the medical insurance premiums of non-smokers and non-drinkers, their choices harm the rest of us, even if only indirectly, through our pocket books (Dershowitz, p.124)."
"The solution to this problem of illogical paternalistic legislation in American law does not even require a decision on where to draw the line between what risks are too indirect to regulate and what risks cause indirect harm that justifies their regulation even though they are conducted entirely in private. All that is required is a logical application of law that treats similar risks the same, rather than the illogical application of law that treats identical risks so differently that one is promoted publicly while the other is subject to punishment as a felony."
Abstract The paper describes how laws affecting education today have an extensive impact on both children's learning and on educators' methods of instruction. The paper examines how, historically, education was considered a luxury for the wealthy and did not include those of color, the poor, or those with disabilities. The writer explains that there was a societal contention that these individuals did not need to receive an education because there was no indication that they could ever further themselves.
From the Paper "Laws affecting education today have an extensive impact on both the learning of children and the way in which educators practice their methods of instruction. Previous to the modern age education was considered a luxury for the wealthy, and did not include those of color, the poor, or those with disabilities. It is clear that in previous periods of history, therefore, there was a societal contention that these individuals did not need to receive an education because there was no supposed indication that they could ever further themselves past the lives that they had been born into."
Abstract This paper discusses treatment of Native Americans? rights to their sacred sites under US Constitutional law. Three law journal articles are reviewed and utilized to form a thesis promoting the concept of communal religious rights. Historical background is provided also.
From the Paper "The first clause of the First Amendment to the Constitution of the United States of America states: ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.?[1] However, throughout U.S. history, the federal government has deliberately restricted and prohibited the religious practices of North America's indigenous Native Americans. Rather than confront this severe blight on the country's human rights record, the various branches of the Euro-cultured U.S. government gloss over past transgressions of First Amendment rights, even as they attempt to justify new violations of Native Americans? religious rights."
Abstract The paper examines a number of issues. Specifically, the paper provides a definition of justice as it pertains to law enforcement and it examines the extent to which justice and American policing co-exist peacefully. The paper also examines the controversy surrounding various police practices in recent years and explores the issue of whether or not 9/11 is wholly responsible for the changes which have taken place. Finally, the paper briefly concludes with what the challenges facing Americanlaw enforcement are in the years ahead and what can be done to overcome these challenges successfully.
From the Paper "Law enforcement in America is inextricably linked with the administration of justice. For example, if law enforcement is weak, then justice will not be served for victims and for their families. The following paper will define justice as it relates to law enforcement and outline three current practices of law enforcement which demonstrate the "successful achievement" of the aforementioned definition. The paper will also examine whether or not all parties would agree with the contention that the above practices demonstrate the proper administration of justice; additionally, the paper will consider the possibility that they may, in fact, lead to injustice. Proceeding onward, the paper will note how law enforcement has changed since September 11, 2001, whether these changes have been positive or negative, worthwhile or necessary and whether or professionals within the field have been concerned by their emergence."
Abstract The paper looks at the elements within the practice of law in America that have been changing, including the shift of the balance of power within the profession toward today's younger lawyers. The writer also cites the growing number of women and minorities as well as an increasing number of "employees" who are replacing the old model of professional independence, the solo practice.
From the Paper "In many ways the huge growth in the number of lawyers and the increased competition will, as Abel claimed, contribute to the overhaul of the profession. As Heinz's and Laumann's study of the social structure of the Chicago Bar shows, for example, the sharp division of labor along personal- and corporate-client lines has a deep effect on the coherence of the profession. In the 1950s, for example, the bar would probably have reached a quick consensus that only lawyers should be allowed "to search real estate titles and handle the closings of home sales," barring anyone else from performing these lucrative tasks by making such actions "the unauthorized practice of law" (Heinz & Laumann 31-32). But with today's growing specialization and increased competition among lawyers themselves, the lawyers who represent real estate brokers and title companies--and whose clients would rather not employ lawyers for such functions--are pitted against the lawyers whose middle-class clients buy and sell homes and businesses. The latter group depends on real estate closings as a major source of income and the two sides clash, leaving the profession as a whole unable to support the inclusion of this profitable activity within the profession's prerogatives."
Abstract Discusses conflicts between religioius practitioners of Peyotism and Americanlaws and society. First Amendment protection vs. traditional use of psychedelic drug (peyote/mescal). History of Peyotism; its rites & ceremonies. Its religious significance. Its social & cultural characteristics. The Ghost Dance. Sense of identity. Actions of the Bureau of Indian Affairs (BIA) & traditional Christian missionaries. Current legal status of the religion of Peyotism.
From the Paper "Peyotism is the largest religion started, organized, and directed by and for Native Americans and gets its title from the fact that members of the religion use the peyote -- sometimes referred to as mescal -- in their ceremonies, a point that has caused fascinating legal challenges between those supporting the First Amendment protection of freedom of religious practice in the United States and those who wish to prohibit the use of hallucinogenic drugs for what they see as recreational (or at least on-medicinal) purposes. Peyotism has also brought the Native Americans into conflict with mainstream society, and one might speculate that part of the reason that the followers of peyotism have been so adamant in their insistence on using it is the Indians' wish to wrest some control of ceremony and cultural identity back from the society that tried so hard for so many years ..."
Abstract In theory, many regard the American legal system as the best in the world. In practice, a wide gulf exists between the "law on the books" and the "law in action." This paper explores that gulf by examining the case of Freeman vs. MediCal. This paper shows how the philosophy of the law influenced the resolution of the dispute and how Freeman's attorney, Joseph Byrd, used the laws on the books and the adversarial process to achieve his client's goals.
From the Paper "Thus, MediCal stood accused of violating federal and state law, and stood little chance of succeeding in court. Faced with the facts as presented here, and weighing other factors (discussed later), MediCal settled the case. The agreement between the agency and Freeman guaranteed round-the-clock care for David by a registered nurse, to be paid for by the state. The state also paid David an undisclosed sum, certainly less than he probably could have won at trial. However, he never sought money and certainly did not want a trial (he simply wanted to go home). The amount probably did not compensate for all that he suffered, including emotional damage and the risks of serious respiratory illness he faced while stuck in intensive care for two months."
A discussion regarding the legal rights of Black Americans from the time they were brought to America as slaves. Specific reference is given to the various laws that were passed during the 19th Century.
1,870 words (approx. 7.5 pages), 4 sources, 2001, $ 59.95
Abstract In this paper the author discusses the situation of Black Americans and assesses whether the abolishment of slavery has provided any greater protection under the law. The author starts at the beginning of the 19th century and looks at how Blacks were taken into slavery and brought to America. The author moves on to discuss the Missouri Compromise and the discussions that took place regarding "slave free states". The author then discusses then various laws that were passed during the 19th century and how the issue of slavery was eventually brought before the nation.
From the paper:
?For a brief period during Reconstruction, many African Americans voted, and some were elected to public office. In the late 1870?s, however, enthusiasm for ensuring black equality waned in both the North and the Republican Party, and by 1877, when federal troops were withdrawn from the South, blacks were left to the power of whites committed to restoring white supremacy.?
Abstract Legal positivism contends that laws are formulated based on the social system of the time and the sources that the social system gives authority to form legal decisions. These sources may be in the form of a constitution, amendments, judicial decisions or state legislation, for example. The belief that legal decisions are based on justice is not the foundation of law in positivism; yet, it is based on what has previously been determined, or posited in the social order. This paper discusses the American political system and contends that the court system of the United States consistently determines law in relation to the American political system based on previous judicial decisions that form the basis of the decisions of the justices.
This paper analyzes Randall Kennedy's book "Race, Crime and the Law," which presents an in-depth look at how issues of race link to crime and law enforcement.
Abstract This paper examines the views and opinions of author Randall Kennedy, a Harvard law professor, regarding the correlation between crime and race. This paper explores Kennedy's argument which states that the field of law enforcement in America is largely considered racist, especially by the African-American community. This paper analyzes the results of an investigation carried out by the author, which focuses on the issue of racial inequality in the justice system, which is largely overlooked. Kennedy's in-depth book details the numerous problems in the justice system, while also suggesting solutions. This paper delves into Kennedy's assertion that officials in law enforcement must be forced to respect the rules prohibiting racial misconduct, while also stating that police and prosecutors engaged in illegitimate racial practices must be deterred from continuing to do so. The writer of this paper also reviews the author's particular style of writing, which, in the case of this book, appeals mainly to a white audience.
From the Paper "It must also be noted that Kennedy does not ignore serious issues of racial discrimination. However, he does frame them so the problems seem to be a result of a system or of the individuals in that system, rather than of society itself. A good example is seen where Kennedy describes abuse of power. Kennedy describes how police officers and judges can abuse their power and engage in racial misconduct. The abuse of power occurs because they are able to engage in this behavior unchecked. The emphasis is placed on controlling the behavior of those in power and maintaining standards. Kennedy argues that if standards and control are not maintained, then people can abuse their power without consequence of any action being taken. This creates a situation where complete control is lost, with this extending to problems greater than just racist behavior."
Abstract This paper discusses the option of penalizing criminal thought. The paper explains the fundamental concept in modern Americanlaw of the distinction between mere criminal thought and actual criminal conduct. The paper contends that, whereas criminal thoughts alone are usually not punishable as crimes, modern Americanlaw does generally authorize public safety authorities, law enforcement, and mental health agencies to confine citizens against their will anytime mere thoughts meet certain statutory criteria and are considered to represent a legitimate threat of harm to themselves or to the general public.
From the Paper "Even after criminal convictions for actual criminal conduct, elements of criminal punishment still require a ?guilty mind,? and sentencing guidelines recognizing varying degrees of malice, even for the same specific act. Typically, criminal statutes distinguish between criminal conduct in several different degrees, such as first or second degree murder, based largely on the specific state of mind, or specific intent of the criminal. In many instances, criminal conduct is punishable by life in prison, or even by the death penalty, such as in the case of first degree murder, which requires a guilty mind, or malice (Taylor, 1982). Conversely, even deadly conduct, is, in certain circumstance, prosecuted and punished much more leniently, such as in the case of second degree murder, involuntary manslaughter, and negligent homicide."
Abstract Economics is oftentimes shaped by societal conditions and political decisions. Such is the case with business operations in the United States. Antitrust laws have gradually emerged to reflect the values and perspectives of American society. This paper presents a discussion of the historical context of anti-trust laws, an examination of individual antitrust laws and amendments and an overview of the implications such regulations have had on specific companies.
From the Paper "Just as the Sherman Antitrust Act affected some businesses, so too did the Clayton Act, its amendments, and the FTC. In the Standard Oil Co. of California and Standard Stations, Inc. versus the U.S. suit, the court declared the companies' tying agreements a violation of the Clayton Act and therefore illegal as they restricted free commerce. A similar decision was made regarding IBM after it was uncovered that the corporation required buyers of its computers to also purchase its brand-name punch cards (Dolan, 1983, pp. 253 & 254). A breach of the Celler-Kefauver Anti-merger Act was cited in a case involving Von's Grocery Company. The court ruled its merger with Shopping Bag Food Stores a violation of the Celler-Kefauver Anti-merger Act in that such an action decreased competition, albeit modestly (Dolan, pp. 252 & 253)."
Abstract The paper provides an interview with an African American college student regarding his perceptions as a minority. The paper examines the implications for law enforcement.
From the Paper "As a future police officer of the 21st Century, I will need to apply the values of my society to my work in the contemporary American criminal justice system. These values are based in the ethical concept that individual rights are as important as law and order. Diversity must also be factored into law enforcement. To gain a better understanding of these precepts I interviewed a fellow student at Western Illinois University, a ? year old African American working toward a degree as an education specialist."
Tags: Interview, African-American, Perceptions, Minority, Law
Abstract The paper shows that the dispute over laws requiring seat belt use is not on the basis of safety. Almost everyone agrees that seat belts can prevent injury or death. Rather, opponents point to the issue of personal choice. The paper discusses that how people perceive mandatory seat belt laws also reflect ones attitude and value system that is shaped by their environment, knowledge and experience. This paper reveals how the acceptance of seat belt laws varies across racial, gender and age. Furthermore, this study analyzes how people respond to mandatory seat belts laws based on knowledge and experience. Additionally, of those who favor seat belt laws to what extent is their support.
From the Paper "There were also some fundamental differences in the way women and men responded the questions. The results of the survey showed that the majority of women support seat belt laws (91%), which is 11% higher than the support indicated by men. The majority of women also favor fines for those who are caught without wearing a seat belt, as two-thirds of the women polled hold this belief. More females than males also believed that if they were stopped for not wearing at seat belt and ticketed, that the ticket would be adequate and well deserved. "
