Discusses the 1966 Supreme Court decision on suspect's rights to counsel & silence. Examines background, significance, legal need for, provisions, exclusionary rule and effectiveness.
1,800 words (approx. 7.2 pages), 7 sources, 1987, $ 63.95
From the Paper "Perhaps no other ruling of the Earl Warren Supreme Court era has fanned emotions to the degree of Miranda vs. Arizona. Decided on June 13, 1966, the court ruled in Miranda that a confession could not be used in court if the suspect, once in police custody, was not informed of his right to counsel and his right to remain silent.
In the years intervening between Miranda and today, the ruling has come under considerable fire. Most recently, Attorney General Edwin Meese has publicly stated that the Justice Department will seek to overturn Miranda at the earliest possible opportunity (Baker 134). The purpose of this research is to defend the positions taken by the Warren court in Miranda, and to indicate why the ruling should stand."
From the Paper " There is no doubt that the Supreme Court has a tremendous impact on our lives. The issues which are decided by the Court can carry serious social, political, moral and economic ramifications. The Court is argued to be the one branch of our federal government which is shielded from outside influences. Unlike the executive or legislative branches, which are directly confronted and benefitted by public interest groups, the judiciary is in a realm of its own. However, this is not to imply a mystical or omnipotent role for the Court; but rather, the justices are shielded more readily from pressure tactics. Following these assumptions then, some would contend that the Court should not extend its power into the public policy area of (...)"
The paper examines the global response to Saddam Hussein's 1990 invasion of Kuwait: War crimes history and theory, practical & legal issues of trying Hussein, role of Israel and the United Nations and the U.S..
6,750 words (approx. 27 pages), 9 sources, 1991, $ 135.95
From the Paper "On August 2, 1990, the Iraqi forces of President Saddam Hussein invaded and swiftly occupied the neighboring emirate or principality of Kuwait. The optimistic hope that the largely bloodless Eastern European democratic revolutions of 1989 marked an "end of history" and the beginning of new era of peace and democracy was quite brutally dashed. By invading Kuwait, Saddam was challenging the world. He was in effect asserting that in spite of lofty rhetoric about the rule of law, naked force could still have the final word.
Saddam was asserting this principle, the principle of force, quite apart from any question about the rights or wrongs of his previous diplomatic dispute with Kuwait. It may well be that Iraq had some merit in its claims that were the immediate pretext for the war: Iraqi rights to a waterway into the Persian Gulf, ... "
An analysis of major cases from the "M'Naghten" case of 1843 through to the Jeffrey Dahmer case, including a definition, types, legal and psychological issues, due process and postpartum psychosis.
2,250 words (approx. 9 pages), 10 sources, 1993, $ 79.95
From the Paper "The purpose of this research is to discuss the insanity defense, starting from the M'Naghten rule to the present. Important cases will be highlighted.
Just as constitutional law tends to define itself through reaction to great cases, insanity defense jurisprudence tends to define itself through reaction to scandalous, sensational, hysteria-creating, or outrageous cases. According to some, the development of the insanity defense in the past 150 years has been marked by the idiosyncratic, episodic, and distorted response of an angry public, as well as a distorted media and reactive legislatures (Perlin, 1989-90, p. 609). The history of the not guilty by reason of insanity (NGRI) defense has been characterized by an extended search for a satisfactory standard (Schopp, 1988, p. 135). For many years, the M'Naghten test was..."
From the Paper "The Brethren was a best-seller that recounted details of interactions among the Justices of the Supreme Court of the United States during the Burger era, based on information gathered from law clerks and others who were intimate with the details of deliberations on the Court. Below is a chapter by chapter summary of the book.
PROLOGUE
The authors begin with Earl Warren, the Chief Justice of the United States, at the beginning of the Nixon Administration after Nixon had run on a platform opposing the Warren Court. Nixon was faced with the chance to nominate a Chief Justice to the Supreme Court because Warren was stepping down. In this section, the authors detail the controversies engendered by the search for a nominee, the in-fighting that took place, and the actions of..."
From the Paper "Introduction
The Americans with Disabilities Act (ADA) became law in 1990, with most of its components becoming effective between 18 and 24 months after its implementation. As a result, most workplaces have by now incorporated changes into their business that bring them into compliance with the act. This research focuses on the significant aspects of the ADA with regard to employment, structural changes, and interactions with the public.
How the ADA Defines Disability
The ADA defines disability as a "physical or mental impairment that substantially limits an individual's major life activities" (Hunsicker 81). The definition is also applied to the history of an impairment or to the perception of having an impairment. Under the ADA, discernible disabilities, such as impaired sight and hearing ..."
Abstract This paper discusses the claim that smoking should not be allowed in public places. The problem of second-hand smoking as a result of smoking in public, is raised. The hazards of second-hand smoke are presented in the paper. The issue is addressed from a legislative point of view as well as from the business/company perspective. The paper provides a number of reasons why a company should endeavor to prevent smoking within its boundaries. The media's influence on public awareness of smoking and passive smoking hazards is examined.
From the Paper "Smoking should not be allowed in public places. This is based primarily on the fact that second-hand smoke is a health hazard, but it can also be argued that allowing people to smoke in public only perpetuates the habit and encourages others to take it up, thus adding to the health hazard in the long run. The private sector is already addressing the issue on a case-by-case basis, banning smoking in the workplace in many companies. Those who believe there is a problem may create a smoke-free area for customers or workers, or workers can demand that their place of business be entirely smoke free. Still, the government should take further action to protect the public where companies do not, including in shopping areas, workplaces, theaters, restaurants, and anywhere the public gathers. Allowing smoking on the street in fact encourages smoking, and discouraging smoking should be a primary effort for the public and private sectors to reduce the health costs paid by both."
Abstract This paper presents and discusses each side of the drug testing argument, showing that each has its good and bad points. The argument to have no drug testing and the argument to have random drug testing are discussed only briefly, since the paper argues that there can be only one 'right' answer to the drug testing question. The writer claims that in a public high school setting it is the school's right to test for drugs in its athletes if the students have been notified and the date of testing is known.
From the Paper "Recently, the debate over whether high school athletes could be tested for illegal drugs has gotten more heated. There are not two, but three sides to this tricky and complex argument. One side says that high school athletes should never be drug tested for any reason, one side says that high school athletes should be able to be drug tested at any time, based on the discretion of the teacher or coach, and one side says that scheduled drug testing of high school students should be acceptable but random testing should not be. Why the distinction between scheduled and random testing?"
Abstract This paper outlines the Napster lawsuit while providing a brief summary of copyright protection laws and legislation. It explores the concept of file sharing technology in general and how this related to Napster Inc. in particular. It takes a look at the Napster court case and all the details surrounding this legal issue. It concludes with an examination of the RIAA's (Recording Industry Association of America) response to copyright infringement.
From the Paper "In today's information based world, one confrontational issue is the idea of copyright protection and how it is applied to the Internet. With the invention of the Internet and the World Wide Web, sharing files and intellectual properties amongst thousands if not millions of people became much easier. However, one problem that has been associated with this mass distribution of copyright material is the question of who holds the sole ownership of these intellectual properties. Recently, file sharing utilities such as Imesh, Scour, and most notably Napster have come under fire for infringing on copyright laws and regulations. One important ethical and legal question that has been raised is, who holds the rights to these properties. On the plaintiffs side they argue that the original creator of these intellectual properties holds the copyright and is the only one that can determine how and where these properties will be used. On the defendants side they argue that they are nothing more than a file sharing utility. Napster states that they provide a service to people to share files. Napster's argument is that they cannot be held responsible if their users engage in illegal copyright infringement and that Napster should not be held liable. However the Recording industry of America feels that Napster is nothing more than a tool, which makes the lucrative industry of copyright infringement easier."
Abstract The article outlines the development of forensic science over the past 50 years and its growing contribution to crime solving. It also presents some case studies of court cases and deals with the roll of forensic evidence in the courtroom. The author points out that until DNA testing was introduced in the early 1980s the main form of forensic identification was fingerprinting which is not accepted by all as valid evidence.
From the Paper "Though forensic science has been aiding police work for a long time, it is only in the last two decades that it gained any real prominence. With better technologies being adopted by police departments worldwide, forensic evidence stands a better chance of entering formal investigations. But while these technologies have helped accentuate the significance of forensic science, they have also played a dominant role in discrediting forensic evidence. For example finger printing which is the oldest form of forensic evidence is widely being considered part of junk science that should be kept out of the court. Similarly no case involving DNA matching as primary evidence has ever made it to the Supreme Court in the United States."
Abstract This paper addresses the issue of an increase in workplace violence and accidents. It first defines the problem and discusses the Occupational Safety and Health Act of 1970 (OSHA). It provides suggestions for ways that employers can help decrease workplace violence, including workplace violence-prevention programs. The paper concludes with a vision of what the future can hold.
From the Paper "Workplace violence has become a huge concern among workers throughout the nation. ?It has become such a huge problem that it is accounting for more than 11% of all fatal work injuries. There were approximately 674 workplace homicides in the year 2000 alone.?(OSHA) Although homicide is an extreme form of workplace violence, it clearly shows that minor incidents can quickly escalate to a server situation. Many organizations, including OSHA, have implemented plans to help workplace violence awareness and put prevention measures in place. ?The Occupational Safety and Health Act of 1970 obligates employers to furnish each of [their] employees with a place of employment which is free from recognized hazards that cause or are likely to cause death or serious physical harm.?(Flynn) Officials within OSHA agree that the focus should be more on comprehensive prevention programs, rather than specific abatements. If we can educate people and inform them of the potential effects of workplace violence prior to it happening, we will all feel a lot safer going to work each day."
Abstract Discussion of the large number of innocent people sentenced to death in Florida, then exonerated and freed. Florida's Death Penalty Reform Act of 2000. Examples of wrongful convictions. Death penalty in other States. Division between Northern and Southern states. High number of African Americans on death row. Death penalty vs. life without parole.
From the Paper "The Death Penalty in Florida
Introduction:
Florida leads the nation in the number of innocent people sentenced to death, then exonerated and freed. Since the U.S. Supreme Court allowed the resumption of the death penalty in 1976, Florida has reversed the convictions of 20 Death Row inmates, more than any other state in the nation. In 1999, 75 percent of the death.penalty cases brought before the appeals court were overturned. (Goering, 2000, B2) In fact, the death penalty does not serve the public interest of real justice, for Florida or anywhere else.
REVISION TO THE DEATH PENALTY LAWS:
Florida has by far the largest number of Death Row cases where an inmate was granted a new trial either because prosecutors..."
Abstract This paper examines the contraversy surrounding the minimum wage which was implemented in 1938 when Theodore Roosevelt enacted the Fair Labor Standards Act (FLSA) to protect those who were being abused by the system. It provides a breakdown of the arguments for and against minimum wage increases such as that raising the minimum wage simply cuts off and eliminates low-paying jobs. It concludes with a discussion of the effect of the minimum wage on the economy and labor markets and a look to the future.
From the Paper "As stated in an earlier statistic, a person working full time does not make enough to live. Indeed full-time wages fall well below the poverty line. This issue correlate with welfare. The question often arises among those who are on welfare as to why they should work when working equates to a cut in pay. When people make more money on welfare which is designed to help those who are at the bottom of the economic barrel, it's obvious that minimum wage increases are not only important, but essential to the well being of the nation and the nation's economy."
This paper discusses that the real heroes of the civil rights movement were the children and that desegregation in the schools is in danger of being overturned.
Abstract This paper reviews the classic school segregation cases: Brown vs. Board of Education of Topeka, the "Little Rock Nine" at Arkansas' Central High School and six-year old Ruby Bridges, the first black student to be admitted to the William Frantz Elementary School in New Orleans, after the Supreme Court ruled to integrate the public schools. The author is concerned that today desegregation is facing serious problems: The proportion of blacks in black-majority schools is on the rise and desegregation orders have been lifted in many cities, resulting in the halting of court-supervised school integration.
From the Paper "Perhaps the best-known test of desegregation in practice was undertaken by the "Little Rock Nine" -- the nine black pupils who integrated Arkansas' Central High School for the first time in 1957. Greeted by a howling mob -- and the 101st Airborne sent in by President Dwight Eisenhower -- the students confronted a concentrated and vicious campaign to drive them from the school. They decided to stay, however, and, eventually prevailed, "leaving an indelible mark on the time and the times" ."
Abstract Sexual harassment in the workplace has always been a problem and has always been of great importance, but the public's awareness of the issue has not always been high. This paper discusses how in recent years, this trend has changed and it looks at the laws and legislation which govern sexual conduct in the workplace in order to reduce this phenomenon.
From the Paper "The topic has evolved in the lower courts based on Title VII of the Civil Rights Act of 1964, which prohibits sexual discrimination in the work place. Sex discrimination was not included in the original draft of this legislation but was added at the last minute as an attempt to prevent passage of the Act. As a result, the true intent of Congress in the matter is not known. The first case litigated under this statute was Barnes v. Train some ten years after passage, and the District Court of the District of Columbia rejected the suit as not being the type purposed by the Act. The next case was a year later in Corne v. Bausch & Lomb, Inc. in which two female employees claimed constructive discharge as a result of physical and verbal sexual advances, and the Arizona Federal District Court rejected the suit as not being what was intended by the Act."
