Abstract
This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.

From the Paper
"In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."

Tags:American law, Jewish law, common law, Halakha

Abstract
The paper relates that the predominant influence upon American law is that of English law. The paper discusses England's balance of power between the king and a democratically elected legislature, the establishment of an independent judiciary, state and federal taxation, trial by jury and the Magna Carta. The paper also looks at the influence of common law on America and at the impact of civil law, which predominated in France and mainly influenced Louisiana. Finally, the paper shows how civil law and English law are heavily influenced by Roman law.

From the Paper
"America was originally a British colony, so it should come as little surprise that the predominant influence upon American law is that of English law, with its system of Parliament and divided governance. England's balance of power between the king and a democratically elected legislature obviously influenced the Founding Fathers, as did Great Britain's early establishment of an independent judiciary. State and federal taxation has its roots in British law's taxation of various independent provinces. William the Conqueror as early as 1066 created a Domesday Survey, that recorded the amount and value of property held by all persons in England "for the purpose of assessing taxes against the owners" (English law, 2008, Law Library)."

Tags:legislature, king, judiciary, jury, taxation, Magna, Carta

Abstract
This paper discusses the paternalistic legislation that exists throughout American law. The paper discusses the inconsistent logic of these laws and argues that there is no possible justification for paternalistic regulation that is subjective in its focus, permitting certain activities while prohibiting others that are indistinguishable in their relative (or potential) harm, under penalty of law.

Table of Contents:
Introduction - Government Paternalism
The Inconsistent Logic of American Paternalistic Legislation
The Solution - Logical Consistency in Paternalistic legislation

From the Paper
"There is no doubt that government has a duty to protect citizens from the direct harm associated with other peoples' choices. Criminalizing the dangerous practice of driving under the influence of alcohol and drugs is not paternalistic, but for the practical benefit and safety of others.. What is more arguable is whether criminal law should address private behavior that does not directly threaten others, but which does, in effect, harm society indirectly. When a motorcyclist sustains serious cranial injury because he chooses not to wear a helmet, or where chronic smokers and alcoholics raise the medical insurance premiums of non-smokers and non-drinkers, their choices harm the rest of us, even if only indirectly, through our pocket books (Dershowitz, p.124)."
"The solution to this problem of illogical paternalistic legislation in American law does not even require a decision on where to draw the line between what risks are too indirect to regulate and what risks cause indirect harm that justifies their regulation even though they are conducted entirely in private. All that is required is a logical application of law that treats similar risks the same, rather than the illogical application of law that treats identical risks so differently that one is promoted publicly while the other is subject to punishment as a felony."

Tags:harm, protection, government

Abstract
The paper looks at the elements within the practice of law in America that have been changing, including the shift of the balance of power within the profession toward today's younger lawyers. The writer also cites the growing number of women and minorities as well as an increasing number of "employees" who are replacing the old model of professional independence, the solo practice.

From the Paper
"In many ways the huge growth in the number of lawyers and the increased competition will, as Abel claimed, contribute to the overhaul of the profession. As Heinz's and Laumann's study of the social structure of the Chicago Bar shows, for example, the sharp division of labor along personal- and corporate-client lines has a deep effect on the coherence of the profession. In the 1950s, for example, the bar would probably have reached a quick consensus that only lawyers should be allowed "to search real estate titles and handle the closings of home sales," barring anyone else from performing these lucrative tasks by making such actions "the unauthorized practice of law" (Heinz & Laumann 31-32). But with today's growing specialization and increased competition among lawyers themselves, the lawyers who represent real estate brokers and title companies--and whose clients would rather not employ lawyers for such functions--are pitted against the lawyers whose middle-class clients buy and sell homes and businesses. The latter group depends on real estate closings as a major source of income and the two sides clash, leaving the profession as a whole unable to support the inclusion of this profitable activity within the profession's prerogatives."

Tags:lawyers, practice, profit, women, minorities

Abstract
This paper examines the formative laws that set in motion the creation of Indian reservations in America. From there, the paper explores the attitudes that made seemingly racist laws appear intuitive and even desirable. The paper notes how selfishness - in addition to paternalism - explains the determination to shove natives onto reservations; the paper uses the Dawes Act of 1887 as proof of both this paternalistic streak and, more obviously, as proof of the ill intentions of American legislators as they greedily explored new ways of gobbling up tribal lands and resources.

From the Paper
"This paper looks at the history of Indian reservations and how they affect our American laws today. The paper starts by looking at the formative laws that set in motion the creation of Indian reservations in America. From there, the paper explores the attitudes that made seemingly racist laws appear intuitive and even desirable. The essay will also note how selfishness - in addition to paternalism - explains the determination to shove natives onto reservations; the essay will use the Dawes Act of 1887 as proof of both this paternalistic streak and, more obviously, as proof of the ill intentions of American legislators as they greedily explored..."

Tags:indian, reservations, laws

Abstract
This paper discusses treatment of Native Americans' rights to their sacred sites under US Constitutional law. Three law journal articles are reviewed and utilized to form a thesis promoting the concept of communal religious rights. Historical background is provided also.

From the Paper
"The first clause of the First Amendment to the Constitution of the United States of America states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."[1] However, throughout U.S. history, the federal government has deliberately restricted and prohibited the religious practices of North America's indigenous Native Americans. Rather than confront this severe blight on the country's human rights record, the various branches of the Euro-cultured U.S. government gloss over past transgressions of First Amendment rights, even as they attempt to justify new violations of Native Americans' religious rights."

Tags:american, amendment, constitution, culture, ethnic, first, indian, law, politics, religion, sacred, sites

Abstract
In theory, many regard the American legal system as the best in the world. In practice, a wide gulf exists between the "law on the books" and the "law in action." This paper explores that gulf by examining the case of Freeman vs. MediCal. This paper shows how the philosophy of the law influenced the resolution of the dispute and how Freeman's attorney, Joseph Byrd, used the laws on the books and the adversarial process to achieve his client's goals.

From the Paper
"Thus, MediCal stood accused of violating federal and state law, and stood little chance of succeeding in court. Faced with the facts as presented here, and weighing other factors (discussed later), MediCal settled the case. The agreement between the agency and Freeman guaranteed round-the-clock care for David by a registered nurse, to be paid for by the state. The state also paid David an undisclosed sum, certainly less than he probably could have won at trial. However, he never sought money and certainly did not want a trial (he simply wanted to go home). The amount probably did not compensate for all that he suffered, including emotional damage and the risks of serious respiratory illness he faced while stuck in intensive care for two months."

Tags:muscular, dystrophy, tracheotomy, VNA

Abstract
The paper describes how laws affecting education today have an extensive impact on both children's learning and on educators' methods of instruction. The paper examines how, historically, education was considered a luxury for the wealthy and did not include those of color, the poor, or those with disabilities. The writer explains that there was a societal contention that these individuals did not need to receive an education because there was no indication that they could ever further themselves.

From the Paper
"Laws affecting education today have an extensive impact on both the learning of children and the way in which educators practice their methods of instruction. Previous to the modern age education was considered a luxury for the wealthy, and did not include those of color, the poor, or those with disabilities. It is clear that in previous periods of history, therefore, there was a societal contention that these individuals did not need to receive an education because there was no supposed indication that they could ever further themselves past the lives that they had been born into."

Tags:special, education, laws

Abstract
This paper discusses the insanity defense in American law. The paper explains that, in order to be morally culpable, a person must have awareness of the moral value of their actions. The paper then focuses on the case of Andrea Yates who killed all five of her children. It discusses her plea of insanity and describes how it was viewed and put into play during her trial.

From the Paper
"The issue of responsibility was a key issue in the first trial with her husband blaming the psychiatrists, and the psychiatrists blaming the husband. This blame game seemed to play into the hands of the insanity defense. The husband, Russell Yates, was told that if Andrea Yates had more children it would cause her to have a psychotic episode, but this warning was not followed and Andrea had another child, her fifth (8). But the husband claimed that the psychiatrists should have been better able to keep her condition from going out of control, and that they should have kept her on the medication that he thought would work."

Tags:psychiatrist, mental, illness, culpability, forensic

Abstract
This paper focuses on the legal after-effects of the Gideon v Wainright decision which ultimately led to the guarantee of council for everyone during a criminal court process. The paper looks at the current relevance of the case, the facts disputed in the book, the outcome of the dispute and the debate, the parties effected by the outcome, the main players in the case, and the author's message about the legal system, lawyers, and the law.