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Law and Economics and Zoning, 2006. An examination of zoning and how it affects economics. 2,111 words (approx. 8.4 pages), 5 sources, MLA, $ 66.95 »
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Abstract This paper examines the economic perception of zoning as somehow infringing on the rights of property owners and indirectly interfering with the free market. It explains that some researchers disagree with this perception and say that the primary criticisms directed towards zoning are that zoning is unfair to some property owners to a greater degree than others and therefore inherently biased, and that zoning adds unnecessary and often excessive transaction costs that in effect are economic externals. The writer notes that not having any controls on the economic development of a region would result in commercial activity being developed in or near residential neighborhoods that would negatively impact housing values of all the surrounding neighborhoods. The writer believes that zoning is in itself useful and necessary but there should be a bargaining element introduced that removes sole decisive power from the municipality to one degree or another. The writer concludes that currently there is no alternative to any zoning decision made by municipalities and this is not necessarily good either.
From the Paper "Many economists consider zoning a response to population growth and specifically urban sprawl in that zoning can be considered a solution to these problems relative to land use issues. Zoning is essentially an extension of political control over the development process within communities. Political controls over land use manifested through zoning laws are in place in every province of Canada and, in many cases, rationalized through environmental reasons or, conversely, are used to indicate that public utilities or services do not have the ability to service additional development in a given area."
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The State of New York v. Olive Oyl, 2008. A discussion of New York penal code on homicide using the fictional character Olive Oyl. 1,443 words (approx. 5.8 pages), 2 sources, APA, $ 47.95 »
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Abstract This paper explores the most serious offense that the fictional character, Olive Oyl, may be exposed to in a trial for homicide. It first examines the applicable classifications used by the New York Penal Code for homicide. The facts are then applied to the code to determine which would be appropriate for a jury to be the finder of fact and the resultant crimes are ranked by seriousness. Olive Oyl's claim of justification is also contrasted to the justification in the case of Bernard Goetz, the "subway vigilante". Finally, the paper draws a conclusion regarding the availability of the justification defense for her actions.
Outline:
Abstract
Part 1. The Most Serious Crime
Part 2. - The Availability of the Justification Defense
From the Paper "The facts clearly state that Olive Oyl was acting in desperation to defend Popeye, the question is what are the facts surrounding this use and if the use of the justification defense is allowed under 39.15 of the Penal Code (McKinney). The justification defense is an affirmative defense to the commission of the underlying crime. It gives a legal excuse to commit a crime. The burden of proof lies with the defendant. In the case here, one has to make the assumption that Olive Oyl is guilty of homicide in one degree or another. She is making the argument that the crime for which she is guilty, hitting Bluto in the head and causing his death, was justified by the circumstances. "
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John Gotti, 2008. A description of the life of crime of John Gotti and his connection to the Gambino crime family. 2,254 words (approx. 9.0 pages), 6 sources, MLA, $ 69.95 »
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Abstract This paper discusses the life and activities of John Gotti. It describes his background as a child and then looks at how he became involved in a life of crime. The paper discusses Gotti's connection to the Gambino crime family and the criminal activities that he performed for them. It also describes the sentences that he served for his various acts of crime up until his death in prison.
From the Paper "FBI cameras captured it all, from a surveillance post, near his headquarters in Little Italy. Before long, prosecutors were ready to file a new racketeering indictment ("Thug in a Great-Looking Suit, 2002") Determined not to fail a fourth time, Gotti's prosecutors presented a colossal amount of evidence, including six hours of FBI tapes surreptitiously recorded in Gotti's hideaways. They called 38 witnesses, including Gotti's No. 2 man, one of the highest-ranking turncoats in organized crime. (Goodstein, 1992) Wiretaps of Gotti's phone produced compelling evidence against several defendants. (Dunder) The final blow was dealt by his one-time good friend Sammy Gravano. Gravano had decided to flip, becoming the star witness against John Gotti, alter to slip into FBI witness protection program. (Dunder) Gotti, who had proven untouchable in prior trials, faced the testimony of Salvatore "Sammy the Bull" Gravano, second in command in the Gambino organization, "translated" the mob lingo for the prosecution. ("Thug in a Great-Looking Suit, 2002")"
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The Legalization of Prostitution, 2006. An examination of the legalization of prostitution as a positive step towards protecting the safety and dignity of sex-trade workers. 1,629 words (approx. 6.5 pages), 3 sources, MLA, $ 53.95 »
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Abstract This paper discusses the positive effects that legalization of prostitution would have not only on the people involved in this industry, but on society as a whole. The writer discusses a recent study that focuses chiefly upon the impact of legalized brothels in Nevada. The writer further explains how, based on this study, legalization will reduce the spread of sexually-transmitted disease, cut down on violence against sex-trade workers, and discourage the upsetting of public order. The writer concludes that while there is an understandable public aversion to legalizing prostitution, the benefits to women engaged in this industry makes legalization something law-makers should seriously consider.
From the Paper "One of the first things which becomes apparent with regards to the legalization of prostitution is that several of the rationales which have historically been brought forward in defense of keeping it illegal - reducing the threat of sexually-transmitted diseases, discouraging "violence" against community order, and thwarting inter-personal violence against women who happen to be sex-trade workers - are actually better-served by legalization. For example, a recent study - focusing chiefly upon the impact of legalized brothels in Nevada - reveals that a compelling case can be put forward that legalization of prostitution brings with it a level of public scrutiny and observation, a measure of official regulation, and sufficient "bureaucratization" that the forms of violence detailed above are actually reduced (Brents, 270 and 280-295)."
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Expiration of the Agreement on Textile and Clothing, 2008. An analysis of the implications of the expiration of the Agreement on Textile and Clothing (ATC). 2,381 words (approx. 9.5 pages), 9 sources, MLA, $ 73.95 »
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Abstract This paper discusses and analyzes the expiration of the Agreement on Textile and Clothing (ATC). The paper contends that the expiration freed the trade of textile and clothing of the quotas that had previously bound it. It discusses the history of the ATC and the implications of its expiration on the textile industry. The paper particularly focuses on the implications for China of the expiration of the ATC. The paper includes original source material at the end.
From the Paper "In the final analysis, the termination of Agreement on Textile and Clothing will definitely produce a more volatile and competitive global market for textile and clothing manufacturers. The likeliest winners over the coming years will be countries whose textile and clothing industries have sharpened their competitive edge by adopting the latest technology, and which will most effectively interpret the rapidly changing trade patterns generated by the expiration of the ATC."
"Unless they immediately take steps to provide assistance to their clothing and textile industries so they can become more efficient and competitive, other textile and clothing exporting countries may only experience marginal benefits. The countries that will face the greatest challenges will be those that are unable to use up their full quotas, while countries not currently subject to restrictions on import markets will also have to prepare themselves for increased competition from countries whose exports are currently
restrained."
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Criminal V. Drug Courts, 2008. This paper explores the differences between criminal courts and drug courts in the U.S. legal structure. 728 words (approx. 2.9 pages), 3 sources, APA, $ 25.95 »
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Abstract The paper offers a brief introduction to the U.S. legal structure and identifies the role of criminal courts and drug courts. The paper discusses the differences between the treatment of defendants in criminal courts and drug courts and explains that the success of drug courts in reducing recidivism is largely due to the application of justice with leniency and treatment.
Outline:
Abstract
Overview
Criminal Courts
Drug Courts
Conclusion
From the Paper "Both criminal and drug courts fall within the legal apparatus of the U.S. court system but they do so with somewhat different imperatives. The criminal courts have as the main priority to provide a forum for the prosecution to make the case for the conviction of the accused while, for the accused, they are a venue in which he or she can establish his or her innocence. In the typical drug courts, or similar diversion type program, they have, by the participation of the accused, essentially established so degree of guilt in advance but in recognition of the accused individual's drug problems the courts seek an alternative to simple prosecution and incarceration."
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The NSA Wiretap Program, 2008. This paper explores whether the National Security Agency wiretap program is constitutional. 776 words (approx. 3.1 pages), 6 sources, MLA, $ 27.95 »
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Abstract The paper discusses how the United States government, through the National Security Agency, has monitored international cellphone calls without a search warrant. The paper looks at the Bush administration's arguments in support of this program vs. a federal court ruling that that the wiretap program is unconstitutional. The paper concludes that the Administration's belief in the President's inherent powers contradicts the Constitution.
From the Paper "In conjunction with the appearance before the Senate Judiciary Committee of Attorney General Alberto Gonzalez, the Administration issued a 42-page defense of the program, "Legal Authorities Supporting the Activities of the National Security Agency Described by the President" ["Legal Authorities"]. This paper makes four arguments in support of this program: (1) inherent presidential power; (2) the resolution calling for use of military force; (3) consistency with the Foreign Intelligence Surveillance Act; and (4) consistency with the Constitution."
"The Administration contends that the President has inherent powers which he can use without specific congressional sanction to protect the United States. In support of this claim, the Legal Authorities cites The Federalist Papers, No. 23 and No. 41, in which Hamilton and Madison argued that the President, holding the entire executive power of the nation, may act to protect the United States. ("Legal Authorities" 6-10)"
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Censorship of High School Newspapers, 2008. This paper discusses the issue of censorship as it relates to newspapers and reporting within high schools. 1,055 words (approx. 4.2 pages), 6 sources, MLA, $ 37.95 »
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Abstract In this article, the writer notes that censorship in the United States has always been a controversial issue in journalism, television and print media. However, the writer points out, the past two decades have witnessed the growing concern of censorship at the high school level. The writer discusses that journalistic censorship in high school, in many states, has been supported by the Supreme Court, stating that educational institutions are accountable for the information released to the students. The writer maintains that the main issue is the importance of maintaining constitutionality and upholding the right to speak freely about social issues that impact everyone, adults and teenagers alike. The writer concludes that in many cases, allowing high school newspapers to report on issues that impact the young community can increase awareness on the general health of the student body. Further, the writer maintains that while educators feel morally responsible and accountable for the information that students retain, it is their duty to be facilitators of education, rather than editors of information.
From the Paper "The constitution clearly states, as amended, that minors and adults alike are not to be subject to restriction of the Bill of Rights. Quite simply, censoring one type of journalistic media without monitoring another is a blatant double standard that does ignores the Supreme Courts ruling of the 1969 amendment. While educators argue that high school newspapers are part of the school curriculum and should be monitored and censored, reports indicate that the concepts of journalism taught in the classroom are not related to the real life issues that occur in the community. Controlling a newspaper's content also causes into the question the violation of constitutional liberties, and the notion that a high school newspaper's content is taught as part of a school's curriculum is off-base. Educational institutions are responsible for providing students with the necessary knowledge of fundamentals on a variety of topics. However, the Hazelwood School District vs. Kuhlmeirer clearly shows an attempt to trump the ideas resulting from the application of journalism fundamentals."
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Prostitution in Canada, 2008. A discussion on whether prostitution should be legal in cases of adult choice in Canada. 1,274 words (approx. 5.1 pages), 7 sources, MLA, $ 43.95 »
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Abstract This paper discusses how prostitution is legal in Canada although living off the avails of prostitution remains illegal as does engaging in sex-for-money negotiations in a public place. It contends that when investigating the circumstances of most sex trade workers, one does see why at least partial criminalization remains desirable and why an inhibiting legal framework is needed.
Outline:
Introduction
Arguments Against Legalized Prostitution
Concluding Remarks
From the Paper "Street prostitutes face extreme danger in random violence, sexual assault and abduction, risks that men and women probably would not take without the compulsion to finance addictions. Street prostitution, as the now prevailing form, is generally considered 10 times more dangerous than sex work in brothels of one kind or another, for the bona fide criminal preys upon vulnerable persons of which the sex worker is highly vulnerable for each client is usually a stranger of unknown potential. Sex workers are known to be less likely to report assaults or thefts to police, they often have access to cash, and are easily identified. (Summers 2006) Whereas other men or women are usually not accessible for one-on-one private meetings, the sex trade worker expects this situation and is thus highly accessible. "
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Letters of Credit, 2007. This paper discuses letters of credit and the duty of the issuing banks to detect fraud in these transactions. 1,680 words (approx. 6.7 pages), 9 sources, MLA, $ 54.95 »
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Abstract This paper explains that the generally accepted rule for banks that have issued a letter of credit, is that they do not need to look beyond the face of the documents to determine if a transaction involves fraud. The author points out that, if the documents on their face appear to be conforming documents, the bank will draw down the letter of credit, paying the beneficiary or seller. The paper states that, if the buyer can show apparent fraud before the bank pays on the letter of credit, then the buyer can approach the bank to prevent payment and can seek an injunction from a court if necessary. The author stresses that the bank can insist that all documents necessary to fulfill the letter of credit conform strictly. The paper presents cases and includes quotations.
From the Paper "This essay considers the following scenario: In an international sales contract, buyer and seller agree that payment will be made through the use of a letter of credit. The buyer obtains a letter of credit from the bank, designating the seller as the beneficiary, and specifying the documents the seller must present to satisfy the letter. The seller presents documents which are on their face sufficient to warrant payment. These documents are forged or otherwise contain falsified information. Based on the documents, the bank pays the seller pursuant to the terms of the letter of credit."
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Contract Law: Breach of Contract, 2008. A discussion of the law of contract, and especially laws that apply to breach of contract. 1,347 words (approx. 5.4 pages), 4 sources, APA, $ 45.95 »
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Abstract This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper "One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
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Genetically Modified Foods, 2008. A personal viewpoint on the genetically engineered food debate, focusing on the "Monsanto vs. Percy Schmeiser" litigation case. 1,995 words (approx. 8.0 pages), 9 sources, MLA, $ 63.95 »
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Abstract The paper examines the "Monsanto Canada Inc. v. Schmeiser" case and the decision of Canada's Supreme Court to give agricultural multinationals the power to penalize and to bring before the courts farmers who find themselves the inadvertent possessors of patented seed products. The paper argues that this case is an example of patent protections being expanded in ways that ultimately hurt farmers, endanger the environment, encourage greater genetic modification of foodstuffs and cause genetically modified foods to find their ways onto the plates of ordinary Canadians in ever-increasing numbers. The paper is of the opinion that the inability of the Court to appreciate the long-term consequences of its decision will cause hardship for many.
From the Paper "The following paper will look at the ongoing debate about the genetic manipulation of foodstuffs with an eye towards exploring whether or not the expansive patent rights recently granted to plant seed developers such as Monsanto is an example of forward-thinking jurisprudence by the Canadian Supreme Court - or an instance of short-sighted legal reasoning that will create more problems than it will solve. Such a paper is important because genetically modified foodstuffs - courtesy of powerful multinationals - are more prevalent now than ever before and the likelihood that the foods we eat will be foods engineered in a laboratory somewhere is an issue which should be of the utmost concern to anyone who has reservations about eating such items and/or reservations about the ecological and environmental ramifications of introducing into an agricultural ecosystem a living organism that nature has not on its own seen fit to introduce."
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Workplace Discrimination, 2008. A statement of company policies on discrimination Diversified Enterprises, Inc. 2,089 words (approx. 8.4 pages), 7 sources, MLA, $ 65.95 »
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Abstract The paper presents Diversified Enterprises, Incorporated's statement of discrimination policies. The company explains that they provide this handout as an outline of the requirements of Title VII, so that all employees are aware of their rights and responsibilities under Title VII. The company discusses their compliance with these requirements that outlaw any form of discrimination and sexual harassment. The company claims that they work aggressively to ensure that all anti-discrimination laws are fully carried out.
Outline:
Title VII Requirements
Good Faith Occupational Qualifications
The Law Forbids Retaliation
Ordinary Discipline Is Not Retaliation
Religious Discrimination Is Not Tolerated
The Company Will Try to Provide Reasonable Accommodations
Employee's Responsibilities
Sexual Harassment Is Not Legal
Policy Against Sexual Harassment
Prohibited Behavior
Monitoring
Discipline
Retaliation
Complaint Procedure
From the Paper "The key law which we must follow is Title VII. Title VII is the most important federal law protecting against discrimination in the workplace, but it is not the only law. Other laws prohibit discrimination based on age, pregnancy status, citizenship, disability, or union membership. Because of its preeminence in the field of employment discrimination, the Company has provided this handout as an outline of the requirements of Title VII, so that all employees are aware of their rights and responsibilities under Title VII, and are aware of the responsibilities of the employee under this law."
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Sexual Harassment, 2008. An analysis of the reasons for, issues involved in, and preventative methods for sexual harassment in the workplace. 2,576 words (approx. 10.3 pages), 8 sources, APA, $ 77.95 »
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Abstract This paper examines the most common types of sexual harassment and provides the federally accepted definition of sexual harassment. The paper further discusses important legal issues of sexual harassment in the workplace, particularly for employers. It also looks at the federal and state laws prohibiting sexual harassment and then analyzes effective prevention methods.
From the Paper "Sexual harassment is an age-old problem that has entered the lime light in the past several years. Harassment is not new or necessarily changed, but individuals have become more aware of how their comments and actions can be offensive to others. Employees have the right to a workplace where they feel safe and free of sexual harassment. Comments and derogatory statements can affect the employee in a negative manner as well as the company. Sexual harassment suits have cost companies millions of dollars and could even risk the company's ability to remain open to the public. It is essential and legal to ensure that employers protect their employees from harassment and take the necessary steps to rectify any allegation of abuse. Employers can no longer turn a deaf ear to sexual harassment and are held responsible for the work environment that is created within their company. We as a society have an obligation to ensure that laws are followed and we do our part to not harass anyone as well, it is not only a moral issue but it is the law."
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The European Court of Justice, 2008. An analysis of the roles and objectives of the European Court of Justice. 1,170 words (approx. 4.7 pages), 5 sources, MLA, $ 40.95 »
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Abstract The European Court of Justice (ECJ) is a legal body within the construct of the European Union (EU) that handles legal disputes and defends the "Treaties of the European Union". This paper discusses how, up until now, the ECJ has played a central role in the ongoing development and evolution of the EU and how now it is taking a larger role within the context of EU commercial treaties and regulations involving both national and private entities.
Outline:
Overview
ECJ Objectives & Processes
ECJ Procedures
Conclusion
From the Paper "Another method of access to the ECJ are the proceedings for failure to fulfil an obligation or similar. These proceedings are nothing more than the ability of the Commission or even a member state to start the proceedings within the ECJ's jurisdiction that will require another member state to comply with a relevant EU law or treaty (Tallberg 76). One example of this regulatory role of the ECJ is the ECJ's ruling that instructed France to accept British beef following the denouement of the mad cow scare several years ago (Tallberg 77). "
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