Abstract This paper discusses the life and career of Clarence Thomas, U.S. Supreme Court Justice. The author looks briefly at his childhood, his education, then at his rise in the judiciary, and controversial nomination to the Court . The paper examines Justice Thomas' role as a conservative African-American and how his conservatism is shown through his decisions.
From the Paper "It is hard to imagine that few justices of the 20th century will remain as marked throughout their entire tenure by their confirmation process as Clarence Thomas, who was nominated by George Bush, Sr. for one of the associate justice positions on the U.S. Supreme Court in 1991. Surviving the controversy of this nomination, in which he was accused of sexual harassment as well as of being of insufficient legal acumen and gravity- many liberals believed that his primary qualifications for office were his conservatism along with the fact that he was relatively young and healthy and therefore could serve on the court for many years. Thomas succeeded to the seat of the ultraliberal Thurgood Marshall, and in doing so gave to the court a decidedly conservative cast, undoing many of the measures that Marshall had dedicated his own life to achieving."
Abstract This paper takes a look at six applications in order to compare the First Amendment rights to free speech to the courts' pragmatic approach to First Amendment issues.
From the Paper "When it comes to the First Amendment of the United States Constitution the courts are often caught between a rock and a hard place. If the courts protect the right of the First Amendment there are sometimes substantial consequences that could have been avoided by suppression. If the court rules to protect the interests of many and rules against freedom of speech then it finds itself in violation of the constitution. It is a balancing system in which the court is constantly weighing the good of all against the nature of the first amendment. It is a battle that will continue as long as we are a nation that abides by the constitution, which also allows us to request court intervention and mediation regarding the amendment."
Abstract This paper takes the reader on an exploratory journey through the topic of rights and responsibilities as related to child developmental stages. The paper provides a child profile and examines the development from the standpoint of several theorists. In addition the concept of human rights is discussed as well as the rights of a child specifically.
From the Paper "Often times children think they are much more grownup than they actually are. We see them trying to be adults when they are still only children. Our job as adults is to guide them through their childhood and try and get them to wait for certain developmental stages before embarking on the next set of goals and tasks. We try our best and are successful the majority of the time, but what happens when it fails and the child commits an adult act? Do we continue to treat her as a child or do we recognize the fact that she made an adult decisions and stand by her for the outcome?"
Abstract This paper examines the new Workers' Investment Act which was set forth to provide employers seeking jobs with more tools and assistance by providing aspects such as: education, training and information to better their standards and applications. This report looks at the policy making of this phenomenon.
From the Paper "Policymaking is an important issue which affects business owners, elected officials, special interest groups, think tanks, and, most importantly, voters. Regardless of an individual's political affiliation (if any), certain issues such as abortion, crime, education, the environment, and poverty are of national importance. An example of the importance of the policymaking process is the Workforce Investment Act that was implemented in 1998. In brief, the WIA creates a revitalized customer-focused workforce development system that uses a one-stop approach to provide employers and job seekers with the education, employment, information, technical assistance, and training necessary to further their careers."
Abstract This paper discusses the process of conviction through history, from martial and colonial law to the modern court system. It goes on to discuss methods of punishment from branding and flogging, through export to colonies, to modern prisons. It looks at various prison systems and philosophies from rotting squalor, to hard labor and chain gangs to the modern healing and rehabilitation. The paper also looks at the severity of punishments meted out over history for various crimes and discusses debtor's prisons. It is well laid out in chronological historical periods.
From the paper:
?Crime is an issue of paramount social concern, one that directly and indirectly affects each and every member of society. The costs of crime are not merely financial; there are also emotional costs such as when a criminal murders an individual's family member or close friend or when an offender is incarcerated, depriving his or her family of emotional and/or financial support. Public concern has increased over specific aspects of the crime problem, namely juvenile crime, prison reform, the role of television in producing violence, and urban gangs. This paper analyzes and examines prisons and how they have evolved over the centuries to match the attitudes and ideas of society. In Part II, the history surrounding prisons is analyzed. Finally, this paper concludes with recommendations for ways to improve how the criminal justice system handles punishment.?
Abstract This paper examines the different philosophies of Jean-Jacques Rousseau and John Locke with regards to the origination of the concept of private property. The author discusses how the philosophers differed in terms of defining human nature. The paper explores Locke's "Second Treatise of Government" and Rousseau's "Discourse on the Origin of Inequality".
From the Paper:
"In John Locke's book, "Second Treatise of Government," Locke sketches out a brief history of man in the state of nature and his progression from simple land dweller to land owner. In this description, Locke explains how the concept of property is necessary to human preservation and that property becomes property by having applied work, or effort upon an object. Locke explains that every man has property in his own person, and that nobody has any right to that property but that person."
Tags: locke, rousseau, social, land, nature, human, morality, government, rights
Abstract In this paper the author argues that "hate speeches", however abhorrent, should be protected by the U.S. Constitution, that in the interest of free speech, they should be allowed. He suggests that this is synonymous with American freedom and refers to some specific examples in order to assess whether hate speeches should be protected under the First Amendment. The author contends that as long as we are free to judge the importance of what is being said for ourselves, then words should never be banned.
From the paper:
?Words are serious, not because they have any direct effect in their own right, but because words, and the ideas they express, are what we use to weigh up our own decisions, their likely effects, and our responsibilities. Words have consequences only if we choose to give them consequences.?
This paper argues that just war theory, and the international law which is based upon it, are inherently flawed and lead powerful states justifying violent actions.
2,700 words (approx. 10.8 pages), 12 sources, 2001, $ 80.95
Abstract In this paper, it is argued that throughout history and in present day, the criteria of just war theory, and the international law which is based upon, have been applied only subjectively toward the fulfillment of national and self-interest, and that the plurality of human culture and the nature of war itself make it impossible to ever apply the criteria of just war theory in an objective manner. Because just war theory can never succeed in its goals of objectively determining when a state can justly go to war or how a war can be morally waged, it serves only as justification for the actions taken by states powerful enough to fulfill their national interest through violent conflict.
From the paper:
"?This semester, I had the opportunity to participate in a seminar on the foreign policy of the Clinton administration taught by Leon Fuerth, the national security advisor to former Vice-President Al Gore. As a member of the national security council, Fuerth provided an inside look at how American foreign policy was formulated over the last eight years. During one session, Fuerth discussed the process of deciding what objects to target during the Kosovo air campaign. He related that "the lawyers" advised the administration that it could not legally bomb the power grids of Serbian cities because it may lead to civilian injury. However, Fuerth recalled, they found no legal quandary with deploying a massive invasion force in Serbian territory or the civilian casualties that could result from such an invasion. Fuerth asked the class, almost rhetorically, which option was more moral?"
Abstract This paper examines how deregulation has affected the American airlines industry, what brought about the current legal situation, and whether it is the best possible way in which to determine national airlines policy. It sets all of this within a larger framework that demonstrates how the United States has in its history dealt with the issue of regulating its transportation industries.
Abstract This paper examines the War Powers Act and the constitutional authority to make war. The author concludes that, while flawed, the War Powers Act is absolutely necessary to curb presidential war-making power.
From the paper:
"The president and Congress have often battled over foreign policy issues, especially those relating to war. Article II of the Constitution makes the president commander in chief, responsible for the operation of the military in the field. Article I places the responsibility for declaring war solely in the hands of the Congress. This should be seen not only as giving Congress the power to make war but the responsibility to prevent unnecessary conflict. This arrangement was rarely challenged until after World War II. In 1950, Harry Truman used a United Nations resolution as justification for sending American troops to Korea and began a half century of presidents side-stepping congressional power to prevent war."
Tags: act, constitution, international, intervention, law, powers, war
Abstract This paper discusses the legal basis of the situation of women in the military, and relevant court cases such as Hoyt v. Florida, Taylor v. Louisiana, US vs. St. Clair, Rostker v. Goldberg, Craig v. Boren, and Schlesinger vs. Ballard. Discusses myths and truths regarding women and military service. Argues for equal rights, equal obligations, and equal opportunities within military and civilian spheres.
From the paper:
"Men and women are treated unequally in regards to military service. Men are required to register for the Selective Service when they turn 18, while women are exempt. While women are allowed to perform most jobs in the military, they are still restricted from some combat roles. This gender inequality stems from antiquated notions of female weakness and domesticity, which have no legal validity in our society today. Furthermore, limiting women's roles in the military violates women's rights to be full and equal citizens of the United States, with all the privileges, obligations, and duties that carries with it."
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 This paper looks at "Operation Allied Force" NATO's bombing campaign against Serbia during the Kosovo War in 1999. The history of the conflict is presented in detail, with particular attention being placed on the humanitarian needs of the population that was being devastated by this war. The author presents several arguments against the bombing, and discusses why these arguments are wrong, or do not apply to Kosovo. In addition to the human rights angle, the author also looks at the political reasons for NATO's intervention, first and foremost being, regional stability and the fear that the war would spread.
From the Paper "Detractors argue that the clear acceleration of Serb ethnic cleansing of Albanians in Kosovo that occurred concurrently with Operation Allied Force demonstrates that the war did not aid the Kosovars; however, given the ominous signs of ethnic cleansing, the argument is insupportable. After all, whether Serb atrocities and ethnic cleansing occurred over one month or six months is low impact. Although the Kosovars did suffer much before the end of the war, the war's ultimate result-- protection from Serb atrocities and the fall from power and trial of Slobodan Milosevic-- will allow the Kosovars to more securely recover from the harm that they have suffered, and be more secure in the future than they would have under continued rule by Milosevic."
Abstract The following paper looks at capital punishment, methods of punishment varying over the years from crucifixion, hanging, burning, and drowning. its history and the discovery of more humane forms of capital punishment, such as electrocution and lethal injection. The author of this essay claims that capital punishment provides healing for victims, safety for communities, and saves money for governments.
From the Paper "Enormous money is needed to fund imprisonment. Capital punishment reduces thesecosts, as well as being a necessity to fight crime. Often a murderer pleads guilty by criminal insanity, and returns to the streets to kill again. Programs do not exist to rehabilitate serious murderers, who are released into society to put the public at a very dangerous risk. Criminals know they have nothing to fear if no death penalty is enforced".
Abstract This paper looks at the causes and reasons behind armed conflict in the streets of our cities, making reference to several examples of armed violence. The writer contends that gun-control is not the answer to the nation's ills. The writer suggests that stricter gun control laws are the result of unsubstantiated fears, promulgated by the mass media. Finally this paper suggests that guns are the scapegoat for all human ills.
From the Paper "We do not have all of the answers to suicide, murder, and teen violence, but it is clear from the statistical proof that gun control is not the answer. We need to look at the reasons why people are compelled to do these things. Before the invent of gunpowder, there was still suicide, murder and teen violence. Perhaps the answers to these dilemmas lie somewhere deeper inside us. Perhaps the answer lies in our ability to love one another, instead of blaming guns for the hatred within."
