Abstract This paper examines the famous case of Napster being sued by the RIAA over copyright infringement by their technology that allowed individual users to share personal recordings across the Internet. It looks at the arguments from both sides against restraint, the legal position of both sides and the ethics of the whole episode. It evaluates how Napster's enterprise deprived artists of their rightful profit from their work even though it probabley was not the intent upon Napster's entry into the marketplace and whether Napster were really at fault since they posted the copyright rules on their web site.
From the Paper "The RIAA claimed that Napster did not have any non-infringing uses that were commercially significant. The RIAA also claimed that copying off a television program is different than copying and distributing off a cd. Napster's position was that they were comparable to Sony because they are providing the directory that enables users to use it for non-infringing purposes. In this phase of the argument, both parties made reference to the Universal City Studios v. Sony case. Which determined that it was OK to videotape television shows for personal use. In Sony, why isn't it acceptable to copy music from the Internet for personal use?"
Abstract This paper examines how the powers between the President and Congress are defined in the U.S. Constitution. The paper begins with an overview of the powers of the Executive Branch as outlined in Article II of the Constitution. This is followed by a detailed discussion of the Legislative Branch's exact powers and discusses why the process is divided into three forms of legislation. The paper also discusses that the reason so much power was given to Congress was to guarantee that the needs of the people were adequately addressed and respected. This basic philosophy is one of checks and balances, where the Congress can make the laws, but it is only the President, or Executive Branch that can enforce these laws in order to insure that the country remains a democracy.
From the Paper "Where Congress can fund and form a military, the President is the Commander in Chief of all the armed forces. As such, he has the power to decide when and were military forces are sent and how they are employed. The significance of this power has been demonstrated in conflicts from Vietnam until now where the President has routinely utilized military powers to assert American will around the world without first getting the approval of congress. The President also has the power to grant reprieves and pardons, to make treaties, to create and manage agencies that form the various functional enforcement system (enforcement of legislation). The President is granted the power to appoint, under congressional review, individuals to the cabinet (Federalist Papers 67-77)."
Abstract This paper begins by explaining the history of lie detecting by showing an example of how the Chinese used rice to test salivation and continues to Farwell's "Brain Fingerprinting" device. It also explores several cases involving polygraph, and problems in current polygraph investigations. Examined are polygraphs, including ones from historical sources, as well as those being developed on the cutting edge of technology.
From the Paper "Aldrich Hazen Ames, a 31 year veteran of the Central Intelligence Agency, was arrested on February 24, 1994 on charges of espionage. The FBI's investigation had begun in May of the previous year, after Ames began depositing large sums of money at times that correlated with the identification and execution of several CIA and FBI agents operating in Russia (FBI). Despite being a double agent for eight years, Ames passed each and every polygraph examination (Stroh)."
Abstract Discusses use of hormone therapy, or chemical castration, as an effective treatment program for recidivist sex offenders. Describes how hormone therapy works. States that permit its use. Controversy over the treatment regarding medical risks and Constitutional issues. Research studies conducted on effectiveness. Need for psychological therapy Need for future research studies.
From the Paper "For many years, the U.S. has sought to eliminate sexual offenses by treating sexual offenders with various methods such as behavioral modification therapy, relapse prevention and cognitive reconditioning (?Review of the research literature,? 2001, p. 5). Since 1981, with the discovery of the effectiveness of specific hormones in reducing testosterone levels in human beings (Berlin & Meinecke, 1981), hormone therapy, known as chemical castration, has been tested extensively on sex offenders. Essentially, the objective of administering these drugs is to reduce the blood serum testosterone levels and lead to a concomitant decrease in sexual arousal and sexual preoccupations. The drugs work by acting on the hypothalamus..."
Abstract Compares the tax & legal advantages of three forms of organization for business companies. LLC (limited legal liability), LLP (limited liability partnership, & traditional S corporations. Examines changes in business law. Partnership laws. Small business. Bibliography includes laws, codes, regulations, statutes. Business law & law review articles.
From the Paper "Corporate Liability
Introduction
Traditionally, businesses, other than sole proprietorships, considered three forms of organization: C corporation, S corporation and partnership.. However, during the 1970s, a form of organization known as a limited liability company (LLC) became available. Now, even more recently, the limited liability partnership (LLP) is also available. Generally, limited liability business structures allow two benefits: limited legal liability and passthrough tax treatment.. This paper will consider the tax and legal advantages of the LLC and the LLP versus the more traditional S corporation.
Limited Liability Corporations
Beginning with Wyoming in 1977 and ending with the Hawaii legislature in 1996..."
Abstract Examines benefits to employers and privacy issues of employees. Current state of the law (federal & state). Political and moral issues. Differing views of labor and business groups. Cites legal cases & decisions. Difference between a supervisor watching & employee video cameras. Employee rights advocates.
From the Paper "Should an employer be allowed to conduct video surveillance of its employees in the workplace? No, say employees, who feel that such surveillance violates their right to privacy. Yes, say employers, who argue that employees have no right to privacy in the employer's workplace, and the employer's need to prevent misconduct and maximize productivity outweigh the privacy interests of employees. This paper will examine this question, focusing on the current state of the law (both federal and state) and the continuing political and moral debate among labor and business groups.
Employers utilize video surveillance for a variety of reasons. Situations that require scrutiny include suspicion of drug use, conducting personal business on company time, revealing trade secrets, surfing the Internet, and harassment issues..."
Abstract Examines concerns over computer invasion of privacy. Electronic data-processing equipment. Pravacy problems involved in government, corporations & financial institutions gathering private electronic information. Growth of database information & ways in which private data is used by organizations. Concerns of public. Selling software programs & information.
From the Paper "Corporations have long used what we might call private data for a competitive advantage. What has changed recently is that with the increasing use of the computer, companies can access even more such data than ever before and perhaps make better use of it. Every company develops its own database of private information based simply on its own clientele, with information such as income levels, residency patterns, spending habits, and so on. Today, computer services gather and collate the same type of information on a much broader scale, making use of data gathered by everything from credit card use to swiping a supermarket club card at the checkout counter. Financial institutions possess a mass of private data by which they can make decisions and target consumers on such things as loans, sales of financial instruments, and similar issues."
Abstract Examines these courts as effective managers of drug related punishment. Contends that drug courts are the most effective method of punishment for drug offenders. Origins of drug courts in Florida in 1989. Conceptual and clinical elements that make drug courts successful. Addiction. Historical problems with criminal justice mandated treatment.
From the Paper "DRUG COURT AS EFFECTIVE MANAGERS OF DRUG-RELATED PUNISHMENT
The prototype for drug courts was developed in Dade County, Florida, in 1989. The drug court is a unique effort that uses the occasion of a drug-offence arrest as an intervention opportunity for drug offenders. Despite historical problems in criminal justice diversion and referral programs, the Dade County success rates have shown that these problems can be overcome through unique collaborative relationships, innovative treatment design, and the elimination of conventional gaps in the referral- treatment-monitoring ..."
Abstract Discusses the development of international law and organizations. Principles for international resolution of conflicts. Development of treaty agreements. Compares and contrasts the structures, powers, and effects of three international legal bodies: Permanent Court of Arbitration at the Hague, League of Nations Permanent Court of International Justice, United Nations International Court of Justice.
From the Paper "International Law and International Organizations
Introduction
Huig de Groot, known as Hugo Grotius, was the author of one of the first and a still influential text on international law, war and justice - a text titled De Jure Belliac Pacis, or The Rights of War and Peace. Published in 1625, this treatise was based in large measure on principles derived from the Law of Nature and the Law of Nations. Grotius held that a civil right derives from the laws of a sovereign state, "But the law of nations is a more extensive right, deriving its authority from the consent of all, or at least of many nations (BECK Index, 2001, p.2)." Grotius established several principles for international resolution of conflicts, most of which in his era centered upon military interaction between one state and ..."
This paper proposes that the system used in the United States to tax business income no longer meets the needs of the American economy, as it discourages investment and encourages inefficiency.
Abstract The writer traces the defects of the current corporate tax system, outlining areas in which the system of taxation fails both businesses and individuals. The paper finally proposes a system of integration that would allow the system to run more efficiently.
From the Paper "Through the 1960s, 1970s and 1980s, the corporate tax was amended repeatedly to reflect national economic sentiment of the time, to stimulate productivity and growth or advance social purposes, or provide broad economic development. President Kennedy's Tax Act of 1962 and President Regan's Economic Recovery Tax Act of 1981 can be seen as growth-oriented, while the Tax Reform Acts of 1976 and 1986 were "fairness"-oriented. The Bush Administration attempted to convince Congress to substantially lower capital gains rate to stimulate investment. (Hufbauer and van Rooij, 1994)."
Abstract This paper outlines the history of Canadian narcotics legislation as it pertains to marijuana. It then outlines arguments both for and against legalization or decriminalization while assessing the harm or good that this could cause.
Introduction
Marijuana ? A Brief History
The Plant in Canada
Drug Laws
An Examination of Proposed Changes to Canadian Marijuana Laws
Pros And Cons
Decriminalization
Legalization
Maintaining the Status Quo
Legalization or Decriminalization? Personal Reflections
Conclusion
References
From the Paper "There has been much talk and speculation as of late that Canada is ready to change its marijuana policy. Following the lead of such countries as Spain and England, it appears that Canada has been seriously considering either decriminalizing or legalizing marijuana possession. There are many arguments against and for such a move. Many against a change to marijuana policy feel that undertaking such a step would lead to increased usage, especially among young people. Those in favor feel that changing marijuana policy is a timely idea that will actually lead to decreased usage: marijuana could be treated as a public health issue as opposed to a criminal act, thereby allowing the government to set up health education programs in an attempt to deter its use. This approach has worked for tobacco and alcohol. This paper is going to look at the pros and the cons of a change in Canadian law in terms of its effect on organized crime. The nature and structure of the Canadian marijuana trade will be examined in order to see what benefits, if any a decriminalization or legalization move would provide. Before this can be done, the current drug law must be examined as it pertains to marijuana."
Abstract This paper provides a biography of Supreme Court Justice Sandra O'Connor's life before she came to the bench, the politics surrounding her nomination and an analysis of her votes while on the bench so that future votes can be predicted. The paper shows that as the first woman justice, her background and nomination are extremely important. The paper includes a photograph of Sandra Day O'Connor.
From the Paper "During his 1980 presidential campaign, President Ronald Reagan promised to appoint the first woman to the Supreme Court (Abraham 1992). Reagan, weary of duplicating a mistake he made while governor of California in appointing a judge that continuously voted liberally once confirmed, did an extensive background search before appointing O"Connor (Abraham 1992). This included extensive interviews with O"Connor as well as those who knew her well personally and professionally (Abraham 1992). Receiving a favorable report, the President flew her to Washington where he would personally, and secretly, interview her (Abraham 1992). Gaining the support of Stanford alumni, Senator Barry Goldwater, and those that had worked with her in the Arizona legislature, the President almost had no choice other than to nominate her (Abraham 1992). Congressman Morris K. Udall, a Democrat from Arizona, commented that she would have Democrats support because "she's about as moderate a Republican you"ll ever find being appointed by Reagan? (Abraham 1992). On July 7, 1981, President Reagan made the announcement that he would Sandra Day O?Connor to the Supreme Court."
Abstract On March 1, 1932, Charles Lindbergh, Jr., baby of the famous aviator Charles Lindbergh was kidnapped. The paper examines whether Bruno Richard Hauptmann did actually kidnap the Lindbergh baby and, if not, who did? The paper discusses some reasons why he might not have kidnapped him. These include the lack of sufficient evidence to prove him guilty and the anti-German sentiments during this time in history.
From the Paper ?The nation, along with the world, was shocked and deeply saddened to hear this news. Many wondered why someone would take the Lindbergh's baby and wanted to find the kidnapper and see him put to justice. On September 19, 1934, Bruno Richard Hauptmann was arrested after supposedly using part of the ransom money to make a purchase at a gas station. After six weeks in trial for what was later known as ?The Crime of the Century,? on February 14, 1935, Hauptmann was found guilty and sentenced to death (Linder, "The Hauptmann"?). Today, many people believe, as did many at the time of his execution, that he was innocent. Hauptmann was offered life imprisonment if he would confess to the crime, but he claimed he was innocent, even until he was executed ("The Lindbergh"Intrigue?). Some people say only an innocent man would not confess to save his life ("The Lindbergh Case"Intrigue?). Careless police work carried out on the scene of the crime caused the loss of what could have been significant evidence. Because of the loss of this evidence there is no way to lawfully sentence a suspect without having some feeling of xenophobia in the court. Therefore, Hauptmann was found guilty more because of anti-German sentiments in the interwar period than for legitimate standard of proof even when circumstantial evidence abounded in the court's decision."
Abstract The paper raises the issues of sexual harassment and sexual discrimination in the workplace, showing how the issue was brought to light with the Clarence Thomas confirmation hearings in 1991 and with the accusations of sexual harassment leveled against him by Anita Hill. The writer brings examples of cases in which employees have claimed either harassment or discrimination from higher ranking employees.
From the Paper "The issue 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."
Abstract This paper begins by describing Dred Scott's quest for freedom and the potential impact of the case rulings. The paper shows why Scott believed he should be free and this belief eventually led to a lawsuit against Scott's new owner, John F.A. Sanford. The case was finally brought up in the Supreme Court. The paper shows how the decision of Chief Justice Taney determined the case's outcome - and the fate of the United States.
From the Paper "Dred Scott was a Virginian slave born at the turn of the 19th century, who felt that he had a right to freedom for having lived in free territories for an extended period of time. He, in the debate about whether or not he deserved his freedom, would be the cause of many troubles before the Civil War in the United States. His case and press for liberty were extremely complex, and the Supreme Court's response was rather typical of its era. Nevertheless, the decision was immensely important as it sealed the fate of the Civil War, angering northerners and pleasing southerners, and consequently further dividing the country. In this case Chief Justice Roger Taney delivered several rulings made on what were considered to be facts regarding equality."
