Abstract This paper briefly defines various contracts that have existed to help maintain order in our society. The paper discusses different clauses of a contract and how they would apply to an airline under certain circumstances. The paper also discusses a severability clause, idemnification clause, assignment clause, choice of law clause, non-competition clause, entire agreement clause and force majieure clause.
From the Paper "It is easy to find examples of these clauses in various documents around the house and on the web. From auto loan agreements, student loan forms, apartment rental agreements, mortgage papers, personal loan documents, employment agreements, tax forms, etc. These are all examples that show these clauses and more, it is even possible to find a number of these clauses on the same agreement. For example, an old employment document not only had an arbitration clause, there was also a non-compete clause and an entire agreement clause."
Abstract The Commerce Clause often referred to as the Interstate Commerce Clause was adopted into Article I, Section 8, of the United States Constitution in 1787. The writer discusses the Interstate Commerce Clause and looks at how the courts have interpreted it through time. This review focuses on the early legislature and court cases that helped shape the current interpretation of the Interstate Commerce Clause. The authority to engage in interstate commerce is discussed, as well as federalism in regards to commerce. Finally the direct shipment of alcohol is analyzed as it pertains to the regulatory aspect of the Commerce Clause and the federal code that accompanies it. The writer concludes that the Commerce Clause will continue to be interpreted differently by courts in the United States.
Outline:
Introduction
Discussion
Conclusion
From the Paper "Cook states that the most evident transportation under special privilege is transportation via railroad. This is because all railroads are run by corporations, therefore they need governmental authority. The author goes on to suggest there are four classes of special privilege. These classes include interference by state, whereas authority is derived from a state, by Congress whereas it is derived from a state, by a sate whereas authority is derived from Congress, and by Congress where it is derived from Congress. Out of these four classes it is only Interference by Congress, where authority is derived from Congress that it is clear that Congress can regulate transportation under conditions of special privilege. The other three classes at the time were yet to be made clear by the Supreme Court."
Tags: Congress, transportation, restriction, state
Abstract This paper discusses the Fifth Amendment, double jeopardy clause and the double jeopardy rule in England. The papre relates that, recently, England scrapped the 800-year old law to allow retrial of those defendants that had been acquitted of serious felony offenses. This paper visits the case of Mr. William Dunlop for the crime of murder and discusses the outcome of the case in detail. Several cases are also explored pertaining to the double jeopardy clause in the Fifth Amendment of the US Constitution. These cases help explain how the double jeopardy clause is affected by caselaw from the United States Supreme Court and how that influences the double jeopardy clause. The presentation before the courts of both sides of the issue presenting a pro/con or for/against are also discussed in detail.
Table of Contents:
Abstract
Introduction
Body of Paper
Conclusion
From the Paper "The prosecution can appeal prior to trial commencing (see Serfass v. United States, 420 U.S. 377 [1975]) where the judge has ordered the dismissal of the indictment against the defendant. The prosecution may appeal a ruling after jeopardy has attached itself to the proceedings but prior to the termination of the proceedings, so long as the trial did not produce a basis of innocence for the accused (see United States v. Scott, supra, 687). The prosecution may not appeal an acquittal. Even if the judge or jury order the acquittal, double jeopardy attaches itself after the acquittal has been established."
Abstract This paper examines the Confrontation Clause of the Sixth Amendment to the US Constitution, which discusses the right of an accused person to cross examine his accuser. The paper discusses the history of the Confrontation Clause and looks at the use of the Confrontation Clause in past and present court rooms. It also provides a few case examples of how the Confrontation Clause is put into practice.
From the Paper "The use of the Confrontation Clause in past and present court rooms has served the court system well although when to use it and often times how and when it applies has proven to be a little blurry. The Confrontation Clause allows accused defendants to cross examine their accusers to gain as much insight as possible as to the factuality of their accusations except in situations where a child, person on their death bed, or a person who is deceased in concerned then testimony collect by law enforcement or stated in previous court cases is admitted in lieu of personal account. This clause will in effect prevent anyone from simply accusing us of a crime without the chance to defend ourselves in front of our accuser."
This paper provides an explanation of the power of Congress and individual states to regulate trade, production, and other interstate "commerce." The nature of the Commerce Clause is discussed, and many case law examples are included.
Abstract The purpose and scope of the Commerce Clause has been the topic of debate in many court decisions. Over the years, the Supreme Court has interpreted the Commerce Clause as a grant of power to the federal government and a limitation on the authority of individual states. One of the first issues to reach the Supreme Court was whether the power granted to Congress via the clause also inferred that the states are, thereby, precluded from local regulation of interstate and foreign commerce. This paper details, through case law examples, how this grant of power has been used, and sometimes abused, by the federal government.
From the Paper "Article 1, Section 8, of the United States Constitution authorizes Congress to legislatively ?regulate commerce with foreign nations, and among the several states, and with the Indian tribes.? This Clause, though not infinite, is the means by which Congress regulates domestic affairs. Despite the implied extent of the commerce power, the Supreme Court has found that Congress has often overstepped its boundaries with respect to economic activity that should be reserved for individual states."
Abstract This paper examines the issue of same-sex marriage in the United States and the equal protection clause in the United States Constitution. It discusses the background of the clause and the situation before the clause was introduced. The paper provides recommendations for a legal position for justice in the supreme court for the prevention of same-sex marriages.
Table of Contents:
Statement Of Thesis
introduction
Background Of The Study
Theoretical And Philosophical Basis For Position Against
The Position Of The American Psychological Association (APA)
Same-Sex Marriage Practical Aspects
International Validity Assigned To Same-Sex Marriages
Stance Of International Courts On Same-Sex Marriage
The 'Common Law' - What Is It And What Is It In The Issue Of Same-Sex Marriages Internationally?
Recommendation For Supreme Court Justice Decision
From the Paper "International bodies including the United Nations have made an indication that "opposite-sex definition of marriage provides for a full realization of human rights." (Today's Family News, 2006) Courts in other countries have also stated the same conclusion. The European Court of Justice ruled in 1998 that recognition of same-sex partners as different from opposite-sex common-law partners was in full compliance with the European Community Treaty (Grant v. South-West Trains, Ltd., C-249). This issue has not come before the European Court of Justice noted that the European Commission for Human Rights considers different treatment of same-sex couples to be in accordance with the European Convention on Human Rights and states: "I]n the present state of the law within the Community, stable relationships between two persons of the same sex are not regarded as equivalent to marriages or stable relationships outside marriage between persons of opposite sex. Consequently, an employer is not required by Community law to treat the situation of a person who has a stable relationship with a partner of the same sex as equivalent to that of a person who is married to or has a stable relationship outside marriage with a partner of the opposite sex." (Today's Family News, 2006)"
Abstract This essay examines the Santa Claus Parade that took place in downtown Toronto on November 20, 2005. The paper describes the parade itself in detail and evaluates the event in the light of pop culture and our society today. Parades are popular cultural manifestations in North America. Almost every city has a parade at some point. Some parades are patriotic and evoke town pride and community spirits. Others celebrate dates in history and important holidays. Others like the gay parade are also political in nature. The Santa Claus parades are annual events that take place in many cities.
Abstract This paper discusses one of the greatest myths of Christian America - the myth of Old Saint Nick or Santa Claus. It describes the history and spirit of the myth and discusses why it has been so popular throughout time. The paper then looks at how today, the myth of Santa Claus has simply become a way for parents to control the behavior of their children.
From the Paper "According to the ideas of Jose Ortega y Gasset, both minorities and the masses feel empowered through the myth of Santa Claus. Old Saint Nick has no prejudices, and the myth can apply to everyone who shares that religion. Now; all parents can feel empowered each year through the control they exhibit over their children's behavior each year around Christmas. Alfred E. Taylor believes that each person also has a chance to gain control through using the myth. One's own children will not disregard one's power based on minority or majority status. There is not prejudice towards one's parents, even if one's parents are considered a minority or lower class. This then gives control to all people, no matter what class or race."
Abstract The paper focuses on the Commerce Clause of the US Constitution, which gives Congress the power to regulate commerce among the states and which has also been very controversial. The paper looks at the first decision made with this clause, "Gibbons v. Ogden", where Congress was left with broad and ambiguous power. The paper then shows how later cases placed greater limits on federal power and restricted it to control over those things which directly affect trade across state boundaries.
From the Paper "Basically the Commerce Clause, which gives Congress the power to regulate commerce among the states, arose out of concern that the free flow of commerce among the states might break down if states, as under the Articles of Confederation, had the power to erect protectionist measures on behalf of indigenous enterprises. Thus, its principal aim was to ensure the free flow of commerce by giving Congress the power to regulate, or make regular, such interstate commerce. Hence, the system, fostered by Commerce Clause, was that every farmer and every craftsman would be encouraged to produce by the certainty that he would have free access to every market in the country, that no home embargoes would withhold his exports, and no foreign state would by customs duties or regulations exclude them. Likewise, every consumer could look to the free competition from every producing area in the country to protect him from exploitation by any."
Abstract This paper argues that the double jeopardy clause of the fifth amendment of the Constitution of the United States should be used in some cases.
Abstract In depth analysis of U.S. Supreme Court decisions on how the commerce clause has been interrupted from the Kennedy Court to the Clinton Court (1962-2001). This paper also examines Supreme Court cases in detail to track this change.
Abstract This paper examines how the double jeopardy clause is part of the Fifth Amendment to the U.S. Constitution and categorically prohibits re-trial for the same offense. It looks at how the rule is aimed at restricting the powers of the government, protect the individuals from uncertainty about their fate, and encourage "finality" in the criminal justice system. It provides an overview of the double jeopardy clause and also includes an analysis of the clause aimed at deciphering its exact meaning and intent, differing interpretations of the rule by U.S. courts, and the pros and cons of the rule.
Outline
The Underlying Philosophy
Origins and History
Development and Scope
Contradictory Rulings
Pros and Cons of the Double Jeopardy Clause What Should be Done?
Conclusion
From the Paper "The double jeopardy rule is said to have its origins in the controversy between the King of England, Henry II and Thomas Becket in the 12th century AD over the issue that clerics convicted in a religious court may not be punished again in the King's court. The maxim of "no man ought to be punished twice for the same offence" was in turn based on St Jerome's commentary in AD 391 on the prophet Nahum: ?For God judges not twice for the same offence.? Over the following centuries, legal theorists such as Englishmen Edward Coke and William Blackstone recognized the importance the "double jeopardy" principle. Specific prohibition of multiple trials for the same offense, however, was not enshrined in British law. Only in very special circumstances could a defendant plead prior conviction or acquittal to defeat the prosecution."
This paper discusses in detail the clauses of the Magna Carta and provides background information about King John and the origin of the Magna Carta of 1215.
Abstract This paper explains that Magna Carta (Great Charter) of 1215 was created as a reaction to royal privileges, which have gotten out of hand. It discuses how King John recognized he must appease his barons, with whom he was haggling over grievances and demands, to keep order in the country. The author points out that each detailed clause clearly spelled out great changes in how England was to be governed, which, although meant to appease the barons, had a much more lasting effect on government and royal policy. The paper stresses that the final clause, which may be the most important of the entire document, includes the phrase "men in our kingdom shall have and keep all these liberties, rights and concessions, well and peaceably in their fullness and entirety for them and their heirs, ... in all things and all places for ever": This is the clause, which created a democracy in England and found its way across the Atlantic to America and beyond.
From the Paper "To understand the underlying principles and organization of the Charter, it is necessary to understand the feudal system in England in 1215, and especially the barony. King John came into power at a time when England was at odds with France. Eventually, the English lost title to lands they had conquered in France, and this led to the first problems between King John and his barons. One medieval historian notes, "Barons who resented both fighting and paying to keep their king's continental lands resented the loss of them only when they found to their surprise that it meant the loss of their own lands in France as well as the king's." After that, there was never confidence and trust between the king and his barons. It was common practice for the king to levy his barons for his expenses, including his failed campaigns in France that had lost lands and titles."
This paper provides an analysis of grammar and writing style, focusing on grammar used in the article 'Meat Is Murder On The Environment' by Daniele Fanelli.
Abstract In this paper, Daniele Fanelli's July 18, 2007 article "Meat is Murder on the Environment," which was originally published in NewScientist Environment, is studied, and her use of grammar tested. The writer points out that by combining her ability to use not only correct, but also effective grammar with her innovative writing style, Fanelli has created an excellent persuasive piece. An analysis of Fanelli's words, nouns and noun phrases, verbs, clauses and clause types, grammar of discourse, and professional grammar, provides a comprehensive overview of the article. The writer concludes that by analyzing Fanelli's article, the many implications of grammar on writing style and the understandability of a work have become clear. Grammar is no longer for teachers and elementary school students, but for anyone who wants to make a professional impact.
Outline:
Introduction
Words
Semantic Representation
Form
Grammatical Category
Morphemes and Morphology
Nouns and Noun Phrases
Verbs
Clauses The Grammar Of Discourse
Professional Contexts/ Conclusion
From the Paper "Because this article is of a scientific nature, the author leaves many opportunities for students of English to study morphemes and their importance to semantics or meaning. For instance, the first paragraph of the article presents two words that are rather difficult to understand: eutrophication and acidification. The two lexemes are formed using the base words "eutrophic" and "acid," and the bond morpheme "iciation," the meaning of which is roughly, "to make" or "the process of making." Using affixation, or the process by which new words are formed when bound morphemes are added at the beginning or end of a sentence, the two new lexemes came into existence. Not only does this process allow student of the English language to determine how the words were formed, but also what they mean. For instance, knowing the suffixes, or morphemes, of the words allows students to determine that the words must both mean "the making of" or "the process of" something. Pairing the base words "eutrophic" and "acid" with the suffixes will allow must to draw the conclusion that the words mean the process of "making of a chemical consistency" and "making more acidic.""
Abstract Summarizes and analyzes the Due Process Clauses of the U.S. Constitution. Historical evolution of the Fifth and Fourteenth Amendments. Interpretations by the U.S. Supreme Court. How the due process clause was used to expand American civil liberties. Substantive due process and the protection of private property. Modern concepts. Table of Authorities.
From the Paper "HISTORICAL EVOLUTION OF THE DUE PROCESS CLAUSE
This research paper outlines, summarizes and analyzes the historical evolution of the Due Process Clause(s) of the U.S. Constitution. The interpretations given by the American Supreme Court to these clauses in the Fifth and Fourteenth Amendments have served significantly to adapt the Constitution to changing conditions. During the first 100 years of the Republic, the Due Process Clause was interpreted narrowly as a procedural safeguard and contributed little to the resolution of the principal jurisprudential problem, the adjustment of the relations between the national and state governments. During the period 1890 to 1937, substantive due process largely in the service of private property and commercial interests and later as a tool for delineating the contours of the welfare state helped define the ..."
