This paper examines the role of the European Court of Justice in the political integration of the member states of the European Communities: European cooperation in economics, national interests, law and integration of actions and policies.
1,575 words (approx. 6.3 pages), 11 sources, 1990, $ 55.95
From the Paper "This research examines the role of the European Court of Justice in the political integration of the member states of the European Communities. The Court of Justice is a body of the European Communities. There are several sub-communities of the European Communities, of which the most widely known is the European Economic Community.
Integration in Europe
Within the context of international regional integration, there are five levels--(a) free-trade area, (b) customs union, (c) common market, (d) economic union, and (e) political union (Grosse & Kujawa, 1988). Each successive level involves a greater degree of integration. At the lowest level of integration, the free-trade area, tariffs are eliminated on the ... "
This paper Examines issues & effects of Supreme Court abortion decisions "Roe v. Wade", "Webster v. Reproductive Health Services" and "Griswold v. Connecticut".
2,700 words (approx. 10.8 pages), 10 sources, 1991, $ 95.95
From the Paper "In 1973, the Supreme Court decision in Roe v. Wade legalized abortion in America. In addition, it established the right of the individual woman to chose whether or not to have an abortion. The ruling of the Supreme Court implied a right to privacy in making reproductive decisions as well as the right to freedom from government interference in making such decisions. The legalization of abortion at that time was important because it permitted the medical procedures involved to become much safer than they had been in the past. Prior to the 1973 decision, women seeking abortions had to do so illegally, and the conditions of such illegal operations were very dangerous. It has been estimated that as many as a million illegal abortions per year were conducted prior to Roe v. Wade. According to Marian Faux, a proponent of women's rights, "these unsafe, septic ... "
This paper is a chapter-by-chapter summary of "Business Law: Principles, Cases & Environment" by Anderson, Fox and Twomey, the legal and regulatory context upon which business operates and the social forces behind these rules and principles: Contracts,
6,975 words (approx. 27.9 pages), 2 sources, 1991, $ 135.95
From the Paper ""Business Law: Principles, Cases and Environment, by Ronald Anderson, Ivan Fox and David Twomey, provides an indepth examination of the principles of private law and cases. In addition, the authors have taken care to include information on the legal and regulatory environment in which business operates, as well as the social forces behind the creation and evolution of specific principles and rules.
The text is divided into 11 parts: legal rights and social forces; contracts; personal property and bailments; sales; commercial paper; government, business and society; secured transactions, creditors' rights and insurance; agency and employment; business organizations; real property; and, estates."
From the Paper "In recent years, plea bargaining has been used with increased frequency in the American courts. The proponents of this practice argue that it expedites cases. Because the criminal justice system is overloaded, it is claimed that plea bargaining is necessary in order to reduce the case load. However, in principle, plea bargaining is a dangerous practice as it relates to the individual. Instead of seeking to determine the true guilt or innocence of an accused criminal, plea bargaining simply trades an easy penalty for an admission of guilt. In this way, it encourages unequal treatment of defendants. Instead of imposing a standard punishment for a crime, plea bargaining is concerned with simply negotiating a guilty plea and thereby getting the case through the courts as soon as possible. Furthermore, plea bargaining provides unequal treatment because ... "
This paper aanalyzes debate over legal liability and discusses how tort law should be used, what tests should determine liability, cost efficiency and the role of Learned Hand test.
1,575 words (approx. 6.3 pages), 4 sources, 1991, $ 55.95
From the Paper "While there is no dispute between lawyers and economists that tort law is a necessary facet of the legal system and needed to maintain an individuals rights, there is disagreement about how it should be utilized, what tests should be invoked to determine liability and finally, the cost efficiency of the tort law system. The two facets of tort law include: (1) that an individual should be entitled to recover damages from another individual (or company) if he was harmed or if reasonable steps to avoid harm were not used; and (2) under the theory of strict liability, that an individual can recover damages regardless of proof of negligence or intent.1
Torts have become an expensive business because of the alternative theory of liability developed out of implied-warranty law. The courts have not only extended the implied warranty of ... "
A look at the Constitutional and ethical issues limiting access and protecting patients. Includes background, legal case studies, the role of computers, AIDS issues and ownership of records.
4,500 words (approx. 18 pages), 9 sources, 1991, $ 135.95
From the Paper "This paper will address the problems of confidentiality and privacy which may arise in the maintenance of medical records. The paper will be particularly concerned with the ways in which this issue applies to the United States Constitution. In the doctor-patient relationship, there is clearly a need for the careful maintenance of records which may contain information of a personal and sensitive nature. At the same time, the doctor has an ethical obligation to protect the privacy of the patient by not disclosing such information to unauthorized third parties. In this regard, H. L. Hirsh (1990) has noted that the role of health care practitioner includes the "sacred, moral, ethical, and professional duty of confidentiality" (p. 377). In recent years, it has become clear that this responsibility extends beyond simple moral obligation on the part of the doctor. In..."
From the Paper "Medical malpractice insurance is a financial drain on many physicians and other medical personnel and medical institutions, and this is a problem that has only increased in our litigious society. The problem occurs in other countries as well, though to a greater or lesser degree depending in part on the underlying attitude toward legal issues and lawsuits. The attempt to control malpractice suits and to prevent any problem from occurring that might lead to a lawsuit is known as defensive medicine, and defensive medicine cost nearly $10 billion per year, adding to the already high cost of medicine in America. Among the causes of this high cost are malpractice insurance, unnecessary tests and procedures, and other such measures (McCormick, 1993, 4).
A variety of new studies have shown that the elimination of ..."
From the Paper "Insanity Defense and the Jury
This paper will discuss the insanity defense in American criminal law and how it is applied by juries. This first part of the paper will examine the background of the defense and the various standards which have been developed by courts to determine whether or not a defendant is criminally responsible for his actions. The second part of the paper will discuss the various factors which influence jurors in their decisions concerning the criminal responsibility of a defendant who has raised the defense of insanity.
The insanity defense goes back to 13th Century England, where a noted legal scholar explained that children and "madmen" could not be held guilty of crimes because they are innocent in their designs and have no will to do harm. A madman "knows not..."
From the Paper " Computer Software Piracy, Racking, and Federal Law
This paper will discuss current Federal law relating to software piracy and hacking. The section on piracy will concentrate on Federal copyright laws and how they are applied to combat software piracy. It should be noted that the copyrightability of all aspects of software has not yet been firmly established by the copyright laws, although the 1980 amendments to the Copyright Act of 1976 did explicitly include certain aspects of software within the Act's protection. Federal court cases remain divided as to the extent of protection afforded to software. Similarly, the laws concerning hacking are not all-inclusive, primarily because there is some confusion as to whether certain types of hacking, particularly the simple accessing of certain computers, constitute crimes."
From the Paper ""Three Strikes" at the Federal Level
This paper will discuss the possible effects of the proposed "three strikes" laws on the administration of criminal justice at the Federal level. Among the possible effects which will be studied are those on prison overcrowding, government finances, and conviction rates. The paper will also discuss whether these mandatory sentencing laws will have any effect on deterrence and recidivism.
During the past several years, crime has moved to the forefront of popular consciousness in the United States and the fear of crime has increased, although actual crime rates have generally decreased since the middle part of the 1980s. Among the crime "facts" which have surfaced in popular culture is the one which states that most violent crime is committed by a relatively..."
An examination of the roots of British common law and trial-by-peer-jury in feudal Norman England manorialism, includes land policy and lord-peasant relations.
1,800 words (approx. 7.2 pages), 4 sources, 1994, $ 63.95
From the Paper "Modern law in English-influenced judiciaries stems from a variety of sources. It is a not a "pure" tradition, deriving as it does from legal definitions both pre-defined and defined only by accepted conventions. Two key factors in the modern, English-based equation are "common law" and a trial-by-"peer" jury process. The roots of both these factors can be found in the medieval manorial court of feudal Norman England.
Two great systems of law dominate the Western world: civil law and common law. Civil law is descended from the codified laws of the Roman Empire; it is used by most European countries. Common law, by contrast, is not embodied in a text or code. Rather, in England - and, by heritage, the United States, United Kingdom and Commonwealth descendants of English judicial tradition - common law grew from the "manorial court" system of..."
From the Paper "The Influence on Roman Law in Medieval Europe
This paper will discuss how law in medieval Western Europe was influenced by Roman law. The first part of the paper will briefly discuss the Roman legal system. The second part of the paper will discuss the overall impact Roman law had on medieval Europe. The third part of the paper will examine the effects Roman law had on particular countries.
Roman law is important in European history for several reasons. First, it was the only ancient system of law to consist of a fairly complete, and elaborate, body of law which governed all aspects of Roman life. Legal principles evolved which dealt with commercial transactions, the transfer of property upon marriage and death, the treatment of slaves, and even international relationships, as well as the traditional subjects of injury..."
From the Paper "Clarence Thomas was born in a small town outside of Savannah, Georgia, in 1948 (Brock, 1993, 62). When his father left the family, Thomas was still a young child, and his mother had to support Thomas, his older sister, and younger brother. At the age of 8, Thomas went to live with his mother's parents and helped his grandfather work on a truck. Thomas then attended a segregated Catholic school (Brock, 1993, 62). Later, during one of Thomas's speeches, he commented about this education, saying, "I grew up under state enforced segregation, which is as close to totalitarianism as I would like to get (Ibid., 63)." He also said that the household he grew up in was "more conservative than many who fashion themselves as conservative today (Ibid.)."
By the 11th grade, Thomas was attending the St. John Vianney Minor Seminary and was the only black student in his class."
This paper discusses "search and seizure": Supreme Court case studies, theory, historical precedents related to 4th Amendment, warrants, exclusionary rule, plain-view doctrine and police training.
2,925 words (approx. 11.7 pages), 4 sources, 1994, $ 103.95
From the Paper "Each year the U.S. Supreme Court returns to certain issues that it has decided in the past to reshape, redirect, or clarify with new cases that ask new questions. Search and seizure law is one such area of criminal law, and the courts have addressed this issue many times in an attempt to refine the requirements faced by police in conducting searches, in the admissibility of evidence seized during a search, in the need for a warrant for a search, and so on. In the 1992-1993 Supreme Court session, the Justices returned to this issue with a case from Minnesota, Minnesota v. Dickerson (113 S. Ct. 2130 [1993]). The Court had previously provided some exceptions to the requirement for a warrant for a search under "stop and frisk" provisions allowing a police officer to stop and question a person reasonably suspected ... "
This paper discusses computer hacking: Types, laws and penalties, personalities, impact on society, security measures, vulnerable systems, right to privacy, costs and future.
2,475 words (approx. 9.9 pages), 13 sources, 1994, $ 87.95
From the Paper "As computer technologies have come into widespread use, computer related crime has emerged as a major problem for society. The costs of these crimes are inestimable. In the past, hacking and cracking behaviors were typically engaged in by mischievous youths. At one time, hackers who cooperated with the authorities received mild treatment. More recently, however, attitudes have begun to change. In response to the increasing prevalence and severity of computer-related crimes, new statutes have been enacted. These laws give authorities the power to respond effectively to hacker attacks. By shifting the emphasis away from the specific monetary damages inflicted by such crime and considering its larger implications, the new laws will result in stiff fines and jail sentences for convicted offenders."