This paper looks at the Monroe Doctrine of 1823 and discusses its significance in the path for American independence.
Essay # 6961 |
1,215 words (
approx. 4.9 pages ) |
3 sources |
MLA | 2002
|
$ 24.95
More information
|
Add to cart
Abstract
In this paper, a history of the reasons and need for the Monroe Doctrine are thoroughly examined. The Doctrine was a powerful statement but the U.S. had very little power of enforcement. Reasons behind this are discussed. This paper also shows how the Monroe Doctrine appeared on the surface to be an American declaration of independence from a colony-hungry Europe but in fact the document had many weaknesses.
From the Paper
"By the early 1800s, America was becoming its own country and trying to separate itself from Europe. The United States wanted to prevent future colonization of the Americas by European countries and attempted to accomplish this by issuing the Monroe Doctrine. The Monroe Doctrine of 1823, designed to discourage European nations from colonization that would threaten America, was merely a declaration of America's independence, not a demonstration of it."
Tags:1823, adams, alliance, america, colonization, congress, doctrine, european, james, john, latin, monroe, oregon, quincy, territory, vienna
An analysis of the invasion and occupation of Iraq and the Bush Doctrine.
Analytical Essay # 133121 |
2,250 words (
approx. 9 pages ) |
8 sources |
APA |
|
$ 41.95
More information
|
Add to cart
Abstract
The paper discusses how the invasion and occupation of Iraq is the direct result of the Bush doctrine of preemptive war. The paper relates that this doctrine was presented in The National Security Strategy of the United States of America (2002) which states that the Bush doctrine consists of, "defending the United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders."
From the Paper
"The invasion and occupation of Iraq is the direct result of the Bush doctrine of preemptive war. This doctrine was presented in The National Security Strategy of the United States of America (2002) which states that the Bush doctrine consists of, "defending the United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders." In accordance with this new national security strategy, the NSS (2002)..."
Tags:bush, doctrine, iraq
This paper explores whether Aristotle's doctrine of God is essentially Platonic.
Term Paper # 124152 |
2,000 words (
approx. 8 pages ) |
39 sources |
MLA | 2008
|
$ 38.95
More information
|
Add to cart
Abstract
This paper examines the Aristotelian and Platonic views of God and compares/contrasts them to answer the question "Is Aristotle's doctrine of God essentially Platonic?" The paper concludes that it is.
From the Paper
"A question whose answer has been much disputed in various circles is whether Aristotle's doctrine of God is essentially Platonic. There are certainly distinctions between the views of the two philosophers and their views were not static, thus making the task of answering this question similar to trying to hit a moving target. This paper will take the position that at its foundation, Aristotle's doctrine of God is fundamentally Platonic. One of the reasons that Aristotle's doctrine of God can be considered Platonist is..."
Tags:Aristotle, Plato, God, doctrine, Prime Mover, Unmoved Mover
A review of C R Smith's "The Biblical Doctrine of Sin".
Essay # 36193 |
1,150 words (
approx. 4.6 pages ) |
1 source |
2002
|
$ 23.95
More information
|
Add to cart
Abstract
A book report of "The Biblical Doctrine of Sin" which presents the definition and biblical representation of sin and it's meaning for humans.
Tags:biblical, doctrine, sin
A critical analysis of the doctrine of constructive resignation and a discussion of whether or not it should be introduced or sustained in Malawian employment law.
Dissertation or Thesis # 100658 |
15,553 words (
approx. 62.2 pages ) |
34 sources |
MLA | 2006
$ 171.95
More information
|
Add to cart
Abstract
This paper discusses the doctrine of constructive resignation in the context of employment law or employment relationship. In particular, it attempts to address whether this doctrine should be introduced or sustained in employment law in Malawi. The paper proceeds on the premise that in Malawian employment law - statutory or case law- the doctrine of constructive resignation is not provided for. It is, however, recognized and applied in other jurisdictions namely, Unites States, Canada, United Kingdom and Philippines. This paper concludes with the recommendation that the doctrine be introduced in Malawi, although with necessary modifications to suit the employment situation and the right to fair labour practices.
Outline:
Acknowledgement
Preface
Table of Contents
List of Abbreviations
List of Cases
Chapter One
Introduction
Background of the Study
Statement of Problem
Objectives
Methodology
Lay Out of the Essay
Chapter Two
The Employment Relationship
Introduction
The Contract of Employment
Identifying the Contract of Employment
Employment Relationship
Nature of Employment Relationship
Terms, Conditions, Rights and Duties
Conclusion
Chapter Three
Termination of Employment
Introduction
Termination by Employer
Fair Dismissal
Lawful Dismissal
Termination by Employee
Rights Relating To Termination Of Employment
Conclusion
Chapter Four
The Doctrine of Constructive Resignation
Introduction
The English Doctrine of Constructive Resignation
Statement of the Doctrine
Theoretical Basis
The "Elective Theory"
The "Automatic Theory"
Elements of the Doctrine
Conduct
Fundamental or Repudiatory Breach
Self-Dismissal as the Result of Prior Agreement
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Five
Should The Doctrine Of Constructive Resignation Be Introduced Or Sustained?
Introduction
The English Doctrine of Constructive Resignation
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Six
Conclusion
From the Paper
"Of late, it has been in issue whether one can or has constructively resigned10. This is in issue in Malawi and other jurisdictions. The doctrine of constructive resignation is to the effect that if the conduct of the employee amounts to a repudiation or a fundamental breach of the contract of employment the said conduct automatically terminates the contract, in which case it is the employee rather than the employer who will be deemed to have terminated it. The employer is entitled to dismiss him even without hearing him. He may as well say: "he sacked himself"11. In Malawi there is no statutory doctrine of constructive resignation, and apparently there is currently no case which has said the doctrine is applicable in our employment law."
Tags:dismisal, labor, contract, jurisdiction
Discusses the background and history of the common-law doctrine of forum non conveniens.
Research Paper # 65763 |
4,237 words (
approx. 16.9 pages ) |
50 sources |
APA | 2005
|
$ 67.95
More information
|
Add to cart
Abstract
In its purest form, the doctrine of forum non conveniens permits a court to deny jurisdiction of a matter where principles of justice and convenience favor dismissal. This paper discusses the background and history of the common-law doctrine of forum non conveniens, how the doctrine found its way into federal law, and how it eventually came to be used as a bar to lawsuits by foreign plaintiffs in the United States. The paper then discusses some of the arguments advanced by opponents of forum non conveniens, and the suggestions they have made to correct the perceived inequities of the doctrine. Finally, the paper identifies some important issues that remain undecided under the modern doctrine.
Paper Outline:
Introduction
History and Background of the Foreign Non Conveniens Doctrine
History of the Doctrine of Forum Non Conveniens
Private and Public Interest Factors Developed In Gulf Oil Corp. v. Gilbert
Forum Non Conveniens Almost Goes Extinct
The Modern "International" Doctrine of Foreign Non Conveniens
Forum Non Conveniens Re-Emerges and Goes International
Change of Law Loses Importance
The Two-Part Forum Non Conveniens Test
Application of the Modern Forum Non Conveniens Doctrine
Problems with the "New" Application of the Forum Non Conveniens Doctrine
Alternatives to the Forum Non Conveniens Doctrine
Other Issues Identified by Federal Courts
Conclusion
From the Paper
"Probably the best and most realistic way to fix the perceived inequity of the forum non conveniens doctrine is for the United States Supreme Court to provide federal courts with a little more guidance on the rule, and to relax the harsh effects that it has been found to have. Although the Piper court claimed that part of the value of the doctrine was its flexibility, the current standards are a little too flexible, and allow courts to dismiss cases brought by foreign plaintiffs too easily. American courts should take responsibility for enforcing justice where justice is due, instead of continuously worrying about how many cases are on the docket."
Tags:Paxton, Blair, Piper, Aircraft, Co., Draft, Hague, Torture, Victim, Prevention, Act
This paper examines the U.S. foreign policies of 'containment' and the 'Bush Doctrine'.
Analytical Essay # 68083 |
1,980 words (
approx. 7.9 pages ) |
10 sources |
MLA | 2005
|
$ 37.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This paper explains that 'Bush Doctrine', implemented in the wake of the September 11, 2001 terror attacks, has given a decisive new direction to the U.S. foreign policy, which was previously based on the principles of containment and deterrence. The author points out that this new foreign policy principles of pre-emption and unilateralism immediately were put to test by the U.S. administration by its war with Iraq. The paper relates that the results of this change in policy have been mixed and it is still too early to tell whether the Bush Doctrine would prove to be a long-term, lasting and successful change in U.S. foreign policy or the country would have to revert back to the time-tested and less controversial principles of containment, deterrence and multilateralism.
Table of Contents
Policy of Containment: Origin and History
The 'Bush Doctrine': its Roots and Implementation
The Defense Planning Guidance Draft of 1992
Neo-Cons' Letter to President Clinton (1998)
George W. Bush & His Foreign Policy 'Tutors'
Terrorists Provide the Opportunity
From Containment to Preemption
Formal Pronouncement of the Bush Doctrine: The US National Security Strategy
Preemption
Unilateralism
US Hegemony
Actively Promoting Democracy, and Liberty around the World
Pros and Cons of the New Bush Doctrine
Cons
Tarnished US Image
Invitation to Isolation and Enmity
Unethical Doctrine
Invites Abuse and Sets a Precedent for Others
Democracy Cannot be Exported
Pros
Threat of Terrorism needs New Strategy
Pre-emption by US: not the First Time
Is the Bush Doctrine Succeeding?
Conclusion
From the Paper
"The doctrine of preemptive war invites abuse because it offers no criteria by which to judge whether a threat justifies a preemptive strike. The U.S. invasion of Iraq is an appropriate example of such a 'preemptive' war in which there was arguably no imminent threat of an attack except in the sole judgment of the Bush administration. It also sets a dangerous precedent for others to follow in order to settle their regional differences. There are a number of current political disputes around the world in which the stronger adversary could invoke the 'preemptive' doctrine to attack its weaker neighbor. For example, China could attack Taiwan over the question of Taiwan's independence; India could attack Pakistan over the Kashmir dispute, and Russia is already threatening to attack Georgia over the alleged cross-border terrorist activities of Chechen guerillas."
Tags:neo-conservatives, wolfowitz, iraq, unilaterism, isolation
A company law paper addressing the protection offered by the doctrine of ultra vires to shareholders and creditors.
Analytical Essay # 149068 |
3,098 words (
approx. 12.4 pages ) |
29 sources |
MLA | 2011
|
$ 54.95
More information
|
Add to cart
Abstract
This paper answers the question as to whether the doctrine of ultra vires has in fact acted to the detriment of the shareholders and creditors it initially aimed to protect. The paper takes a chronological approach, concentrating firstly on the origins of the doctrine and then following the changes made to it by the judiciary and through legislative intervention. The paper reaches the conclusion that the doctrine has been misapplied and misused from its very conception and no longer holds any benefit for shareholders or creditors.
Outline:
Introduction
The Origins and Purpose of the Doctrine of Ultra Vires
Towards a Less Restrictive Approach
Rethinking the Construction of Objects Clauses
Ultra Vires and the Equitable Doctrine of Constructive Notice
Legislative Intervention
The Proposed Abolition of the Ultra Vires Doctrine
Conclusion
From the Paper
"The ultra vires rule was one of judicial law-making, developed at a time when there was much distrust of companies and was predicated on the notion that shareholders and creditors needed protection from "managerial overreaching" , namely the misappropriation of investment or credit from said parties into funding ultra vires activities. Though its origins can be traced back as far as the early 1700s , the earliest case to deal with doctrine as it exists in relation to modern registered companies is Ashbury Railway Carriage Company v Riche . The plaintiff company, whose stated object was the manufacture and sale of railway carriages and rolling stock, entered into a contract with the defendant to finance him in the construction of a railway in Belgium. The contract was later repudiated and Ashbury sued for damages. The defendants contended that the agreement was ultra vires and therefore void ab initio. The court held that as a statutory company, established under the Joint Stock Companies Act 1862, it had limited contractual capacity and that this particular contract was ultra vires. This was predicated on the notion that such statutory companies, being formed by the state using state funds, were generally quite powerful and so the courts imposed the ultra vires rule in order to redress of the imbalance of power between the company and the individuals dealing with them."
Tags:judiciary, liability, memorandum, Companies, Consolidation, and, Reform, Bill
Analyzes decided legal cases to study the doctrine of eclipse and the Indian Constitution.
Cause and Effect Essay # 107489 |
4,965 words (
approx. 19.9 pages ) |
16 sources |
APA | 2008
|
$ 75.95
More information
|
Add to cart
Abstract
This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution
Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper
"The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
Tags:voidness, amendment, legislative, pre-constitutional, inconsistency
Examines impact of the Federal Trade Commission's doctrine.
Essay # 47712 |
1,575 words (
approx. 6.3 pages ) |
9 sources |
2003
|
$ 30.95
More information
|
Add to cart
Abstract
Examines the impact of the Federal Trade Commission's doctrine and its effects. Discusses the impact the Fairness Doctrine has had on society from a political, social, and legal perspective. Discusses the history of the FCC doctrine, and the purpose of the Doctrine in balancing views on controversial issues.
From the Paper
"The Fairness Doctrine required broadcasters in television and radio, as a condition of getting their licenses from the FCC, to cover controversial issues within their community by offering some ..."