Abstract This paper discusses a breach-of-contract civilsuit filed by Walt Disney/Buena Vista Home Entertainment against Blockbuster Video. Though the case was settled out-of-court through arbitration, this analysis discusses the details of the lawsuit and issues related to it and civil lawsuits.
Tags: videocassettes, revenue sharing, contract law, videos, plaintiff, burden of proof, legal system
Abstract In this article, the writer examines the role of civil sanctions in crime control. The writer explores the way civil sanctions are already used in criminal cases. The writer then argues that taking it a step further would benefit everyone involved by alleviating some of the nation's jail overcrowding issues and by providing financial relief to victims of criminals. The writer concludes that the time has come to introduce the use of civil sanctions to control crime in America. The writer points out that it would help alleviate jail overcrowding, it would benefit society by putting money back into the pocket it was taken from through crime and it will serve as a control for would be criminals to stop and think about whether the crime they are about to commit is worth it.
Outline:
Introduction
History
Crime Control
Conclusion
From the Paper "To be fair, criminal court judges are also at their wits end as they try to handle overfilled courtroom dockets, maintain a sense of order and keep track of how many times a defendant has already been in trouble before deciding what punishment to hand down. Recent history has witnessed Americans taking the law into their own hands, not with acts of vigilantism but with acts of civil summons. Across the nation victims and families of victims in criminal actions are filing civil suits against those who committed the crimes against them or their loved ones. The trial of OJ Simpson was one of the most well known cases, in which the families of Ron Goldman and Nicole Simpson took the former pro-ball player to civil court and got a many million dollar ruling against him. In Nashville the case of attorney Perry March who killed his wife and then worked with his father to hide the body and escape prosecution for more than a decade has also been sued by his wife's family for the distress his actions caused them. The idea of filing civil suits against criminal defendants is not a new one, however, the civil action has nothing to do with the criminal proceedings. With the current overcrowding of America's jails and prisons, and crime including many more types of theft than ever before, the time has come to introduce civil sanctions as a valid method of crime prevention."
Discusses the book, "A Civil Action" by Jonathan Harr which recounts the court case where a chemical and food company were charged with causing cancer in children.
Abstract Jonathan Harr's "A Civil Action" recounts the story of the action taken by attorney Jan Schlichtmann against the W. R. Grace chemical company and Beatrice Foods on behalf of families in Woburn, Massachusetts. The children of these families had contracted leukemia, the suit claimed, from the ingestion of chemicals, dumped illegally by subsidiaries of the two giant corporations, that entered the wells that supplied a portion of the town. The paper discusses the details of this case, including the claimed bias of the ruling Judge Skinner, the difficulty the jury had in reaching a decision and the role of the Environmental Protection Agency in the case.
From the Paper "Even had the case proceeded on equal terms for both parties, however, the problem of convincing a jury to make a considerable reward on the basis of an essentially "unprovable" connection between TCE and leukemia presented a major problem that carries over to many toxic waste cases. Epidemiological studies, which might provide sufficient evidence of connections to direct scientists' attention to problems, are under-utilized and poorly understood by many. Such studies constitute the bulk of the evidence in some cases, but they can be far too easily misrepresented by defendants which leaves plaintiffs such as the Woburn group at a loss for anything the courts and juries will accept as meeting a standard of proof--despite almost everyone's common-sense conviction that the cause and effect have been identified."
Abstract This paper discusses the origin, extent and end of civil government and compares the views of Aristotle, John Locke, and Montesquieu on why we need civil government, what that civil government should be, and what that civil government does for us. The first part of the paper is very specific in describing what each philosopher thinks of the origin, extent, and end of civil government. The end examines the extent to which our Constitution was found on the political philosophies of the liberals.
From the paper:
?Nearly 2000 years elapsed between the time that Aristotle expressed his theories on political philosophy and the time that Locke and Montesquieu expressed theirs, this accounts for many of the differences in their thinking. Aristotle wrote his philosophy from an ancient point of view and when Hobbes came along during the Enlightenment, he changed political philosophy forever. Hobbes influenced both Locke and Montesquieu this is probably why they both differ so much from Aristotle. The liberals, as Locke and Montesquieu were, hold in common one fundamental premise: the freedom and equality of human beings. This is why they back away from Aristotle's emphasis on virtue. Aristotle spends much of "The Politics" discussing regime, while Locke and Montesquieu are simply more concerned with establishing some for of civil government.?
This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several Europe
2,150 words (approx. 8.6 pages), 4 sources, 2002, $ 80.95
Abstract This freshman paper shows how American civilization is probably the world's most peculiar civilization. As it came to replace the indigenous civilization of the native Indians, it also laid the foundations of a culture that was a mixture of several European cultures and trends. The following paper discusses the culture, influence of European colonialism, African migrants and the native Americans with respect to its development into a civilization.
Tags: ARCHITECTURE / CONTEMPORARY AND HISTORICAL STUDIES, origins american civilization
Abstract The television media was a crucial vehicle in the ascendancy of the civil rights movement in the 1960s. In many respects, the media helped civil rights succeed during this period, which explains, in part, why civil rights efforts were not as successful during the pre-television period. Even more interesting, and perturbing, is the fact that the post-civil rights period witnessed television playing a negative influence in the context of African-American equality. Indeed, as the theme in Todd Gitlin's "The Whole World is Watching: Mass Media in the Making and the Unmaking of the New Left" suggests, television helped the civil rights movement succeed, just as it helped curtail it.
Abstract This paper examines the reasons behind the success of the Civil Rights Movement of the 1960s and its important legacies. It defines the civil rights movement and the society's turbulent quest for equality among all of its sectors. The paper describes the mood of the country for change both at the level of grass roots and in the government.
Table of Contents
Introduction
Civil Rights Movement: Background
Reasons for the Success of the Civil Rights Movement
Expanding Role of Government
Struggle for Global Leadership
Economic Prosperity
National Culture
Students
Wise Leadership
Legacies of the Movement
Conclusion
From the Paper "Although Civil Rights has a broader universal meaning, the Civil Rights Movement in the United States refers to the social, political and legal struggle to gain equal rights for the black Americans and to end racial discrimination. The movement has a history of struggle by several individuals as well as organizations dating back to the time of abolition of slavery but it gained unprecedented momentum in the 1960s. The Civil Rights Movement in the United States was instrumental in the successful passage of the Civil Rights Act, 1964 and the Voting Rights Act, 1965."
Tags: race discrimination usa untied states america equal rights black social, political legal civil rights act 1964 voting 1965
Abstract This paper reviews the book "Inventing Western Civilization", in which author Thomas Patterson views civilization as an elitist concept that has been used politically, culturally and socially to manipulate the masses. The author explains Patterson's thesis that the West differs from all other civilizations due to its overwhelming impact on virtually all other cultures, including its role in introducing modernization and industrialization. This paper also discusses how Patterson explores the development of social classes and the alienation of the "other". Throughout the paper, Patterson's ideas are compared to numerous scholars and philosophers including John Locke, Jean-Jacques Rousseau, and Sigmund Freud. The author concludes by concurring with Patterson that an international order based on civilizations is the surest safeguard against world war, but noting that this idealistic concept is not borne out in reality.
From the Paper "Patterson demonstrates how classism, sexism, and racism were as integral to the appearance of "civilized" society in Western Europe as inequality and alienation. He further explores the issue of how civilization, and the process of "being civilized" has been frequently linked to the rise of capitalism in Western Europe, the development of social classes, and the creation of "others" who are distinguished by their socially constructed appearances, behaviors, or essences.
Patterson accordingly believes that every civilization or group at one time or another has considered itself to be God's "chosen" people. For example, The Incas, who Patterson studied for most of his career as an anthropologist, believed that they were the only true humans. This is the type of elitist thought he attributes to all civilizations, both past and present. Thus in Patterson's view, the greatest threat to society is a global clash between Civilization and barbarism."
Abstract This paper discusses how in "The Clash of Civilizations and the Making of the World Order", Harvard political scientist Samuel Huntington argues that the modern world should be viewed not as bipolar, or as a collection of nation-states, but as a set of seven or eight cultural civilizations. The paper further discusses how, according to Huntington, these cultural entities are distinct and large enough to be called civilizations, and are fated to interact in terms of their respective civilizational identities, which may lead to a clash of civilizations.
Abstract The paper provides a comparison between the history of jazz and the Civil Rights Movement, and focuses on two jazz stars, Charlie Parker and Louis Armstrong. The paper shows how the early history of both jazz and the Civil Rights Movement entwined the two, making the full-fledged jazz and civil rights movements of the 1940s and 1950s undeniably connected.
Outline:
Introduction
A Comparison Of Jazz And Civil Rights History
Famous Jazz Musicians
Conclusion
From the Paper "From Harriet Beecher Stowe's Uncle Tom's Cabin and Toni Morrison's Beloved to the African-American painter Charles H. Alston's portraits, art forms have traditionally made the emotions of the American civil rights movement more tangible. Throughout history, though, no art form has been more associated with the plight of the African-American than music. In fact, the Negro spiritual first marked the issue during the pre-Civil War era. Even after the Civil War, these spirituals became songs of the civil rights movement, beats that civil rights warriors would sing as they marched for their freedom."
Tags:Civil, War, blacks, Charlie, Parker, Louis, Armstrong, songs, dances
Abstract This paper outlines the American civil litigation process from filing a complaint to the ending trial process. It defines civil litigation and briefly examines its purpose and scope. The paper also discusses how to initiate the civil action process and how to continue with it. A case study that examines the process of civil litigation between two parties is then presented.
Table of Contents:
Purpose and Scope
Commencement of action
Service of Other Processes
Pleadings
Motions and Orders
Depositions and Discovery
Trial
Judge for Yourself Case Scenarios
Case 1, Part (a)
Case 1, Part (b)
Case 1, Part (c)
Case 2, Part (a)
Case 2, Part (b)
Case 3, Part (a)
Case 3, Part (b)
Case 3, Part (c)
Case 3, Part (d)
Case 4, Part (a)
Case 4, Part (b)
Case 4, Part (c)
Case 4, Part (d)
From the Paper "Filing a complaint with the court initiates the civil action process. The summons is signed by the clerk and bears the seal of the court. It identifies the court where the process started as well as the defendant. It states the name and address of the plaintiff. It also states the time when the defendant must appear and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the complaint. Upon or after filing the complaint, the plaintiff may present the summons to the clerk for signature and seal. If the summons is in proper form, the clerk shall sign, seal, and issue it to the plaintiff for service on the defendant, and copies are issued for each defendant to be served. A summons is served with a copy of the complaint, and the plaintiff is responsible for service of a summons and complaint within 120 days or the court dismisses the complaint."
Abstract This paper studies the causes of the American Civil War. While most historians maintain that slavery was the main cause of the war, there are others who feel that slavery was only responsible to a certain extent and that there were complex political and economic factors which played an important role in the Civil War. Slavery was the oldest and most controversial issue dividing the North and the South and served as the primary catalyst for the Civil War but it was certainly not the only factor. South's waning ability to maintain its army of slaves and North's growing industrial power also fueled the conflict. There were some political factors too including the issue of equal representation in the Congress and states? autonomy which must be considered as possible causes of the war.
From the Paper "Civil war is the most momentous and crucial period in the history of America. Not only did this war bring an end to centuries of slavery in the country but also gave way to numerous social and political changes. The country had already been torn by the negative trend in race relations and numerous cases of slave uprisings were taking their toll on the country's political and social structure. While slavery is cited as the most common cause of the Civil War, it is believed that there were several other factors involved. In other words, though slavery was the major cause it was certainly not the only cause. Civil war and abolition of slavery have become synonymous terms as the former led to the latter. But still some historians maintain that slavery has been turned into a too convenient excuse in connection with the Civil War."
Tags: war, american, civil, slavery, north, south, white, black
Abstract This paper examines how, in his volume, "Civilization and its Discontents", Sigmund Freud tackles no less than the broad and ambitious concept of man's place in the world. It discusses how Freud looks at culture from his unique psychoanalytical perspective and touches upon a number of important concepts, including aggression, civilization and the individual, organized religion, the death drive and Eros, and the super-ego and conscience. It also looks at how "Civilization and its Discontents" was written a mere decade before the great psychoanalyst's death and how it is, in many ways, an important compilation of many of his most renowned theories on the mind, human nature, and the structure of human society.
From the Paper "Freud suggests that culture's repression of aggression may ultimately be more damaging than unrestrained aggression, man's natural state. Freud is generally pessimistic about man's ability to maintain civilized life indefinitely. He argues that man's ability to tame the aggressive instinct will determine his ability to live within the boundaries of civilization. However, he argues that man's recently gained ability to destroy each other through modern warfare creates less hope that man will be able to live peacefully. He notes, "Men have gained control over the forces of nature to such an extent that with their help they would have no difficulty in exterminating one another to the last man."
Abstract This paper explains that a main factor leading to the Civil War was the divergent economic development and concerns between the north and south. The paper further explains that there were many economic factors which contributed to the Civil War, but three, manufacturing versus farming, slavery and the need for labor in the south and cash crops were paramount. The paper then attempts to examine these factors and how they contributed to the environment leading to the Civil War.
Tags:Civil War, slavery, regionalism, King Cotton, Dred Scott, fugitive slave laws
Abstract The writer of this article discusses and compares the Russian and Spanish Civil Wars. The writer examines the causes and outcomes of each of the civil wars. The motivation and consequences of foreign intervention and the impact on international relationships are examined in this paper. The writer looks at Franco's Spain. Further, the writer discusses the Russian civil war as a by product of World War I.
From the Paper "The Russian Civil War and the Spanish Civil War stand somewhat as mirror-image bookends in the two decades of often-uneasy peace between the two World Wars. Both took place in countries that were in some sense marginal to Europe as it was conceived politically and culturally. Both civil wars originated as ideological conflicts between the Left and the Right in their respective countries. Both ... "
Tags: russia, spain, civil, war, lenin, franco, intervention, hitler, fascism
