This paper discusses the United States Alien Tort Claim Act that is considered to be one of the most innovative pieces of legislation in the area of human rights protection.
Persuasive Essay # 106361 |
3,017 words (
approx. 12.1 pages ) |
16 sources |
MLA | 2008
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$ 53.95
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Abstract
In this article, the writer notes that in order to have a proper view on the importance of the Alien Tort Claim Act, a closer analysis must be taken into consideration. In this sense, the writer points out that the history of the Act in itself may point to the actual necessity for the drafting of the legislation. Also, the writer looks at points which might shed light on the usefulness of the Act as well as on the philosophical discussion on the relationship between civil and political rights and the economic, social, and cultural ones. The writer discusses that the Alien Tort Claim Act takes into consideration the violations of human rights made by multinational companies or different agencies around the world.
From the Paper
"Speaking in general terms, it is rather hard to determine the extent to which a non binding type of protection is more efficient than a binding one. A possible combination of the two systems of protection can be said to benefit more than an actual separation or differentiation because the protection considered by multinational companies or national legislation on the other hand appears to be more efficient due to the fact that their goals are limited but also their resources, financial and legal, are stronger.
"The UN protection system has been set in place in order to give general guidelines on the proper practices that should be followed to insure a minimum standard of human rights protection. The UN Charter, along with subsequent documents that came to underline particular aspects of the document are relevant for pointing out the minimum requirements any system, political or corporate, must meet."
Tags:protection, human, rights, working, environment
Looks at the legal implications of tort and claim liability in the Exxon Valdez by analyzing common law versus maritime law.
Case Study # 144761 |
3,000 words (
approx. 12 pages ) |
6 sources |
APA | 2010
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$ 53.95
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This paper explains that, in the environmental disaster caused by the grounding of the oil tanker Exxon Valdez in Alaska, ethic of care established in the civil law did not constitute a maritime tort in maritime law; therefore, the scope of liability has resulted in innumerable hours of litigation and appeals. Next, the author reviews these legal and ethical aspects of this case. The paper concludes by recommending actions to prevent such disasters from occurring again.
Table of Contents:
Case Details
Background
Legal Analysis
Ethical Analysis
Contributing Factors
Ethical Decision Factors to Consider
Recommended Corrective Action
From the Paper
"The Exxon case provides ample opportunity for the redevelopment of federal consumer protection laws, but has subsequently ended with little or no resulting change, as late as 2008 the Supreme Court again reduced the liability of the company to a paltry 507.5 million dollars, taking into consideration amount the company has already paid for compensation as well as clean up of the spill. The subsequent attempts to recoup any funds lost by consumers for increased oil prices have failed."
Tags:drunk stakeholders culpability, federal consumer protection laws, benchmark
A brief summary of the history of the Kruger National Park and the controversy over land claims.
Term Paper # 111547 |
3,097 words (
approx. 12.4 pages ) |
5 sources |
MLA | 2007
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$ 54.95
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Abstract
This paper briefly discusses the history of the Kruger National Park which is considered to be an international icon and represents the heritage of South Africa. The paper also explains that thousands of people had to suffer so that the park could grow and flourish, and thousands of people have been displaced because of the bureaucratic decisions made by officials.The paper also emphasis that the park has a dark history of a war over land as there were land claims from the tribes that once populated the park.
From the Paper
''The establishment of game reserves in the Transvaal in 1889 before the park was founded as well as more recently is still an issue surrounded by controversy today. Game reserves are considered undemocratic by many due to the fact that the land is closed to the public and only available for use by certain privileged individuals. The governing of game reserves in the Transvaal was not well established at the time, which made it difficult to even define what constituted a game reserve. Those who took part in the establishment of these reserves believed it was a novel idea, and that they should be given credit this new and modern institution, however in actuality, game reserves had a long history going back many centuries. After the South African War from 1899-1902, the already existing game reserves were inherited by the new British government in place, and looked upon as a method of wildlife protection. No real function of these game reserves was ever announced during the life of the Transvaal Republic Government, and this was straightened out during the colonial Transvaal period. It was stated that game reserves were for sportsman, and that they would eventually contribute to the government after the antelope population returned to an adequate number and the reserves would then be open to the public who would pay to hunt. In addition to the colonial citizens, African residents also opposed game reserves because they alienated land and made it impossible to defend themselves from dangerous animals since Africans were not allowed to have weapons. In addition to this, many Africans were evicted from their homes and forced to live on native reserves or "locations", in addition to the fact that they were not allowed access to game as a means of subsistence. Africans were commonly arrested for "being in possession under suspicious circumstances of game meat".
Tags:rinderpest, epizootic, poaching, land, claims, game, reserves
A literary analysis of this feminist poem by Judy Grahn.
Analytical Essay # 66929 |
1,158 words (
approx. 4.6 pages ) |
2 sources |
MLA | 2006
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$ 23.95
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This paper analyzes Judy Grahn's "I Have Come to Claim," a feminist poem relating to Marilyn Monroe. The paper examines the tone, setting and literary devices employed in the poem to get its very bold statement about society's corrupt perception of women, across to its readers.
From the Paper
"Grahn cleverly chooses to direct the entire poem to the deceased bombshell, Marilyn Monroe. It is as if the speaker is holding her brown paper sack, containing the physical remains of Monroe, and speaking directly to Marilyn's body. In this way, Grahn makes a powerful statement about the public image of Marilyn Monroe. The speaker implies that one can have the same conversation with Marilyn's bones as they could with Marilyn as a living person. She is pointing out that women like Marilyn Monroe were never respected as personalities, only as bodies. If this is the case, then speaking to Marilyn's bones would indeed be no different than speaking to Marilyn Monroe herself."
Tags:ideals, corpse, New, York, Speck
A comparative analysis discussing land claim conflicts in North America.
Comparison Essay # 87573 |
1,125 words (
approx. 4.5 pages ) |
2 sources |
2005
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$ 23.95
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Abstract
The paper examines land claims disputes and related issues. The paper begins with the history of
the oppression and subjugation of the native people and discusses how the governments' of North America established control over the indigenous Canadians and Native Americans. The paper further reveals how the nature and history of the European colonization and settlement of North America are paramount to the conflicts, issues and challenges, especially concerning claims to the land, that were presented at the time.
From the Paper
"Beginning in the early eighteenth-century, native peoples in both Canada and the United States were subjugated and oppressed for more than two-hundred years as the Canadian and American governments established political, economic, social, and cultural dominance over native tribes and their lands. Comparing issues related to land claims, conflicts involving indigenous Canadians and Native Americans, and majority culture governments reveals that indigenous peoples face many similar challenges due to the nature and history of the European colonization and settlement of North America. While both indigenous Canadians and Native Americans have legitimate land claims and a host of other justified grievances, historians are in general agreement that American.."
Tags:land, claims, conflicts
A critical account of the claims of Descartes and their validity today.
Essay # 87216 |
900 words (
approx. 3.6 pages ) |
1 source |
2005
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$ 19.95
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This essay discusses Descartes' claim that knowledge must be based upon clear and distinct ideas, as our senses can deceive us. The writer gives examples of events that we cannot take for granted that we understand. The paper discusses the validity of Descartes' claims.
From the Paper
"A Critical Account of Descartes' Claim that Knowledge Must be based on Clear and Distinct Ideas, Because our Senses can Deceive Us Most people are quite certain that they have knowledge of the world around us. For example, I am certain I am typing this essay, and you the reader are presumably certain you are reading it and about to grade it. However, Descartes set out to show that we cannot be certain about such things, and that in fact our knowledge must be based on clear and distinct ideas. He did this so convincingly and persuasively that his work on epistemology is still studied today."
Tags:descartes, knowledge, doubt
This purpose of this paper is to investigate the effects of medical malpractice claims on the delivery and quality of patient healthcare.
Research Proposal # 69066 |
734 words (
approx. 2.9 pages ) |
8 sources |
MLA | 2006
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$ 15.95
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Abstract
This paper, presented as a research proposal, explores several topics relating to medical malpractice claims including whether or not increased claims result in decreased quality care. This paper discusses how on-going medical litigation impacts a patient's access to quality and specialized healthcare services. Thie researcher of this brief, yet concise, paper proposes to poll a sampling of 50 patients and 20 physicians using a tailored questionnaire to determine the extent to which patients and physicians feel malpractice claims have in fact impacted on the quality of healthcare. This writer also intends to analyze the medical malpractice claims from Denver's Bureau of Health Services from 1990 and up to the present.
Table of Contents:
Introduction/Background to Problem
Hypothesis
Literature Review
Research Design
References
From the Paper
"Boulard cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center. The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to perform procedures themselves."
Tags:legal, medical, healthcare, lawsuit, patient, care, research, proposal
An analysis of Lewis' account of the metaphysical ground for modal claims.
Analytical Essay # 135841 |
1,500 words (
approx. 6 pages ) |
2 sources |
MLA |
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$ 29.95
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Abstract
This paper provides Lewis' account of the metaphysical ground for modal claims, and also presents his rationale. The paper considers the most serious objection to this account and discusses Lewis' best response to that objection. The paper asserts that the theory of modal realism and the claims derived from it appears to be farfetched but it does allow for a theoretical framework to understand and expand on conventional ways of seeing the world.
From the Paper
"Lewis is concerned about modal questions that mainly revolve around the word `if'. The questions focus on what has to take place as opposed to what could happen if certain conditions were changed. Mainly, Lewis is concerned with what is possible or impossible. These questions have implications for such issues as the laws of nature and causation, chances and probabilities, and cause and effect. This paper will provide Lewis' account of the metaphysical ground for modal claims, and will also present his rationale. The most serious objection to this account will be..."
Tags:modal, realism, value
A look at the solution to piercing the corporate veil in tort claims.
Essay # 71066 |
1,840 words (
approx. 7.4 pages ) |
9 sources |
MLA | 2003
|
$ 35.95
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This paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted as regards tort claims. It looks at how claims the only solution is to enact statutory tort law reform in England and provides an example of a leading case.
From the Paper
"This research paper examines if it is possible to find a solution to the problem of whether or not the veil of incorporation should be lifted a regards tort claims. A solution can be found but only if statutory tort..."
Tags:corporate, veil, sham, fraud, formalistic, tort, law, reform
A review of "Claiming the Mantle: How Presidential Nominations Are Won and Lost Before the Votes Are Cast" by R. Lawrence Butler.
Book Review # 98576 |
2,586 words (
approx. 10.3 pages ) |
1 source |
MLA | 2007
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$ 46.95
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Abstract
This paper discusses how in his book, "Claiming the Mantle: How Presidential Nominations Are Won and Lost Before the Votes Are Cast", Butler argues that the process by which presidents are elected in the United States has never been truly on the up-and-up, but rather has always been controlled by behind-the-scenes actors with various agendas that have historically been the true key players in American presidential nominations and elections. The paper looks at how Butler argues that outcome is coordinated long before the actual events take place and that the extent to which these deep-rooted political structures and processes have influenced the course of the nation's history might come as a surprise to even the most politically informed and sophisticated American citizen today.
Outline:
Introduction
Review and Analysis.
Summary and Key Points of "Claiming the Mantle"
Analysis and Critique of Author's Methodology
Discussion of the Author's Conclusions
Important Implications of Author's Conclusions.
From the Paper
"Money may not buy happiness, but it does help get a president elected and Butler emphasizes the importance of money to aspiring presidential candidates throughout his analysis. There are other forces at play, of course, the author advises, but by and large these all relates to coordinating candidate and political contributions to their maximum advantage. In this regard, the author emphasizes, "Without money and organization, a presidential candidate has no hope of winning the nomination" (Butler, 2004, p. 71). "Following the money" has always been a useful ways of finding out who benefits from what when there are some nebulous forces at work, and the presidential nomination process is no exception. There have been a number of new rules introduced over the years that have affected how and when these political contributions can be made and used, certainly, but the bottom line impact for most presidential candidates has remained the same. "
Tags:election, process