From the Paper
"The purpose of this research is to examine the Occupational Safety and Health Act of 1970 (OSHA) not only to learn of its factual mandates, but, more importantly, to discover criticism levied against it by business, labor and consumer advocates alike resulting from problems many faced attempting to implement this controversial law.

Approved by Congress on December 29, 1970, OSHA in brief "aims to assure safe and healthful working conditions by ensuring enforcement of standards developed under the Act, by assisting and encouraging states in their efforts to assure such working conditions, and by providing for research, information, education and training in occupational safety and health.".

The employer, under the Act, is responsible for ensuring safe and healthful working conditions, in particular for ... "

From the Paper
" Over the July 4th weekend, Americans celebrated the signing of the Declaration of Independence, and there was a violent feud being carried on in Washington, D.C. The U.S. Supreme Court had made a ruling that divided the court in half, but once their verdict came in they had decided that those radicals who burn the American flag are protected by the Constitution under the First Amendment.
There are very few in this country who are against the whole idea of free speech, but where does this right end? It seems to this writer that no one has the "right" to destroy the very symbol of our democracy. It is against the law to kill the Bald Eagle; why is it all right to burn the flag and, with such an (...)"

Tags: Supreme, court

From the Paper
"Prohibition was instituted with a constitutional amendment--the Eighteenth Amendment--in 1919. This was the first constitutional amendment to have a time-limit on ratification, having a seven-year period for that process. It remains the only amendment to be repealed. To a great extent, Prohibition would be a social experiment that was perceived as a failure. The amendment prevented the transport or sale of alcoholic beverages in the United States, and yet traffic in alcohol did not stop and became the basis for the development of an organized criminal empire that would live beyond the repeal of Prohibition itself.

The pressure for temperance was not something that came into being in 1919, and there had been a temperance movement active in various states. Norman H. Clark says that the efforts start ... "

From the Paper
"The purpose of this paper is to discuss business law principles. The focus is on several distinct areas of law that are pertinent to conducting business, such as contracts, agency relationships, partnerships, corporations, property, sales, negotiable instruments, and secured transactions. This paper does not claim to address the wide-ranging body of knowledge that encompasses business law but, instead, defines the terms, summarizes the rules and, where appropriate, notes the remedies.

Contracts
Contracts are legally binding agreements that are formed when an offer is made, followed by an acceptance, and supported by consideration.1 The offer is an expressed willingness to make a binding agreement on certain terms. The acceptance is an unqualified and unconditional assent to the offer. The ... "

From the Paper
"In 1890, Congress passed the Sherman Act which instituted anti-trust policies and made possible trade restraints. The act was far-reaching and has been used in the intervening century to protect competition within the private sector. The rationale behind the legislation was that large companies operated in a manner which posed barriers to new companies trying to enter the market, thus limiting their opportunity. Congress was also concerned that companies which controlled a given industry could indulge in employment practices, such as child labor, which were not in the public's best interests. There was also the feeling that such companies would be able to exact higher than acceptable prices for their commodities. This research focuses on the prevailing attitudes among proponents and opponents of anti-trust legislation, and examines the effect such legislation has had on ... "

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 ... "

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 ... "

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 ... "

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 ... "

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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..."