In this paper, by accounting for the sexual and gender based inequality of the law in Louise's decision to murder Harlan, there is cause for a self defense under second degree murder in this case. Louise certainly did not premeditate the murder of ...
Essay # 137774 |
1,500 words (
approx. 6 pages ) |
1 source |
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Abstract
In this paper, by accounting for the sexual and gender based inequality of the law in Louise's decision to murder Harlan, there is cause for a self defense under second degree murder in this case. Louise certainly did not premeditate the murder of Harlan, but only acted through what she perceived be a socially defined limitation on the rights of women in the legal process that would have given Thelma rights if she was raped.
From the Paper
Thank you for purchasing a customized research paper from The Paper Experts Inc. rive to deliver to our customers the most accurate and up-to-date research each and every time we prepare a custom work. Your Writer ID: #255 Order ID: 20866 Topic: Ethics Disclaimer: This document should be used in precisely the same way you would use any article you might find in your local research library. Remember, you must cite it properly just like you would any other source listed in your bibliography. If you have any questions regarding citing
Tags:thelma, juror, ethics
A legal studies paper, which differentiates between the concepts of attempt and preparation in the law.
Essay # 53709 |
1,430 words (
approx. 5.7 pages ) |
1 source |
APA | 2004
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$ 28.95
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There are many distinctions between preparation and attempt in law and many different definitions of attempt that need to be considered when examining these distinctions. There have been cases that have set these definitions, and other cases that have toppled standing definitions and understandings in the favor of new perspectives. This paper examines issues of attempt and preparation in the law, going through a rational process of analysis, which serves to point towards the above mentioned distinctions between preparation and attempt in the law of attempt. The law of attempt itself is differentiated and categorized within the context of the report on the state and national levels, with the assumption being that most states treat attempts less seriously than actual committed crimes as a matter of programmatic policy. The concepts of preparation and attempt are presented in terms of summative definition and precedent and are also examined through the analysis of examples. The intended accomplishment of the definitions is then be assayed in terms of its bearing on matters of incidence and circumstance. The paper looks at proposed reform measures and addresses future concerns before concluding.
From the Paper
"For example, if an individual decides to rob a bank, they might do surveillance on the bank, buy a gun and a mask, and perhaps involve partners who can come in and split the money between them at a prearranged meeting place. All of these actions are preparations for the crime of robbing the bank, but they are not attempts to rob the bank:
they all go on outside of the bank's walls. The individual goes about this preparation with the intention of robbing the bank, but these preparations, by their very definition, are not attempts to rob the bank in a physical sense at all. They are premeditated plans which involve robbing the bank as a goal. They are the means, if attempt is the ends."
Tags:criminal, justice, lawyer, legal
A case study analysis of five candidates for dismissal by FastServe and the employment law that relates to each case.
Case Study # 105050 |
1,393 words (
approx. 5.6 pages ) |
4 sources |
MLA | 2008
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$ 27.95
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This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.
Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk
From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."
Tags:workforce, discrimination, resourcefulness
Judges who Follow the Law
A discussion of English law in the important areas of judiciary discretion and Parliamentary Sovereignty, including case studies.
Essay # 6703 |
2,505 words (
approx. 10 pages ) |
12 sources |
MLA | 2002
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$ 45.95
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Development of the roles of the English judiciary and the legislature. Includes observations of the impact of the Human Rights Act and subsequent loss of sovereignty to Strasbourg. Full dissection of the relationship between statute and the Common Law and the part that morality/justice should play in the law courts. Theoretical questions from legal theoreticians such as Dworkin and Hart discussed.
From the Paper
"Answering this question involves discussing: what other forms of law (apart from statutory text) judges should refer to; which form of law takes precedence; how a judge should interpret a statute, especially if it is unclear or ambiguous; and what he is to do if he cannot operate within the bounds of existing statutory texts. These issues induce us to look at the use and scope of a judge s discretion. A consideration of the use of the word MUST is also needed. Must a judge operate in a certain way? Or are there merely guidelines as to how he should operate?"
Tags:common, discretion, judicial, law, legal, parliamentary, sovereignty, statute
A discussion on how legal issues in patent law shape ethical decisions in human stem cell research.
Dissertation or Thesis # 95899 |
4,186 words (
approx. 16.7 pages ) |
20 sources |
MLA | 2006
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$ 67.95
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This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.
Outline:
Abstract
Objective
Terms & Definitions of Study
Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography
From the Paper
"In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."
Tags:legal, implications, medical, research, professionals, patent, restrictions
The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated ...
Essay # 137848 |
1,250 words (
approx. 5 pages ) |
10 sources |
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The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was independent of whether or not it was under-girded by natural or divine law; in this regard, he may well have set the stage for the totalitarian excesses of the future (though that point should not be exaggerated or used to smear him). In any case, St. Thomas of Aquinas brought Aristotelian logic to the study of law and philosophy and may well have laid the foundation for modern legal positivism.
From the Paper
St. Thomas of Aquinas' Contribution to the Philosophy of Law The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was
Tags:aquinas, philosophy, law
This paper is a critical analysis of the very young legal age of consent in Maryland.
Argumentative Essay # 5548 |
1,075 words (
approx. 4.3 pages ) |
5 sources |
MLA | 2001
|
$ 22.95
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This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.
From the Paper
"Here's something you probably didn't know, boys and girls! According to the "Legal Age of Consent Website," the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say "yes, yes, yes," a la Meg Ryan in "When Harry Met Sally," certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won't be a part of your permanent record). Why shouldn't the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."
Tags:legal, age, consent, 15, Maryland, minors, sexual, law, juvenile, offense, emotional, physical, children
A discussion of the use of MRI's in legal cases and their impact on court decisions.
Research Paper # 97309 |
5,850 words (
approx. 23.4 pages ) |
22 sources |
APA | 2007
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$ 84.95
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This paper explores the use of functional magnetic resonance imaging (fMRI) and its relationship to lie detecting. This new approach, known as "brain fingerprinting," is described in terms of its admissibility to a court case and its impact on the verdict. The paper also examines some new technology in lie detecting, including current products on the market. The paper also includes a literature review and analysis of recent studies in neuroscience as they relate to the area of lie detection. The author examines the controversy surrounding neurodiagnostic techniques and their use in court. The author concludes that that neuroscience holds great possibilities and promise for both prosecution and defense attorneys, yet more research is needed in this field.
Outline
Introduction
Neuroscience and the 'No-Lie' fMRI
Figure 1
Comparison of Ethical, Legal and Social Issues in Genetics and Functional Neuroimaging
Figure 2
Encoding conditions performed during fMRI scanning
Legal and Ethical Implications
Figure 3
Types of Testing Identified as Admissible in Court
Summary and Conclusion
From the Paper
"Neuroscience is stated to be the "science concerned with the development, structure, function, chemistry, and pharmacology and pathology of the human nervous system...and is directed at exploring the architecture and functions of the brain as well as the effects of stimuli on part of the brain and cerebral performance." (Committee on Science and Law, 2005) There are three main areas of research in neuroscience, which are: (1) Imaging of the brain and other neurodiagnostic techniques; (2) Exertion of influence on the brain; and (3) Design and construction of the brain." (Committee on Science and Law, 2005) Technological innovations have changed the methods of investigations conduction on the part of authorities throughout the entire history of the criminal justice system. A new technology holds the potential to "revolutionize the investigatory landscape" and that technology is "Brain Fingerprinting" (BF). (Taylor, 2007) Brain Fingerprinting is an examination "...designed to determine if particular information is familiar to a test subject in a specific context (such as that of a crime)." (Taylor, 2007) The way that brain fingerprinting works is a testing to see if the individual is "familiar with a particular place, time or action, and does so using brain monitoring technology that is nearly impossible to deceive." (Taylor, 2007) The technology of brain fingerprinting is actually the monitoring of brain wave impulses. There are four phases of a criminal case in which brain fingerprinting may be used which are those of: (1) Investigation; (2) Interviewing; (3) Scientific testing; and (4) Adjudication." (Taylor, 2007) "
Tags:MRI, legal, cases, judgments, No-Lie, fMRI
A look at the legal dangers facing personal trainers if their clients become injured.
Essay # 7117 |
985 words (
approx. 3.9 pages ) |
2 sources |
MLA | 2002
|
$ 20.95
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This paper looks at legal proceedings which have been taken against personal trainers following physical injuries to their clients. By using case studies, the writer examines the risks and exposure that personal trainers face when helping others perform exercise workouts.
From the Paper
"In 1996, the case of Feeney vs. Manhattan Sports Club, Inc. was brought before the Supreme Court of New York. The plaintiff had joined the sports facility and signed an agreement, which clearly stated that the facility and its employees were not qualified to "diagnose, examine or treat any medical condition, or make any other such evaluation or recommendation." The agreement also warned that new members should see a doctor before using the facility.
The plaintiff had a history of shoulder problem and had dislocated his shoulder several times. When he began using the facility, he was assigned a personal trainer, who was an employee of the club. When he asked the trainer if he could use free weights without hurting his shoulder, the trainer allegedly told him that he would have "no problem." The plaintiff later suffered an injury while lifting weights at the club."
Tags:exercise, trainer, legal, law, court, damage, liability, sport
This research paper discusses the International Law Commission (ILC or Commission) of the General Assembly (GA) of the United Nations (UN).
Research Paper # 26451 |
3,159 words (
approx. 12.6 pages ) |
22 sources |
MLA | 2002
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$ 55.95
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This overview focuses on the ILC's mission, historical origins, composition and membership, functions, standards and accomplishments. It shows how during its first decade and a half, the ILC made significant contributions to the codification of existing international law and to its progressive development. It examines ways in which the ILC was successful in its early days and studies various criticism of its functions.
From the Paper
"Article 13, para. 1a. of the UN Charter provides: "The General Assembly shall initiate studies and make recommendations for the purpose of . . . promoting international cooperation in the political field and encourage the progressive development of international law and its codification." ILC was created by GA Resolution 174 (II) on November 21, 1947. Its first members were selected on November 3, 1948 and it held its first working session on April 12, 1949. Its mission, as described in Article 15 of the Statute of the International Law Commission was: (1) "the more precise formalization and systematization of rules of international law in fields where there already has been extensive State practice, precedent and doctrine;" and (2) "the progressive development of new international law," which Article 15 defined as "the preparation of draft convention on subjects which have not yet been regulated by international law or in regard to which the law has not yet been sufficiently developed in the practice of States." "
Tags:geneva, legal, convention, vienna