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Law-Legal Briefs, 2007.
An application of Articles 35 and 20 of New York's Penal Law in relation to Popye, Olive Oyl and Bluto.
1,253 words (approx. 5.0 pages), 2 sources, MLA, $ 42.95
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Abstract
This paper reviews Articles 35 and 20 of New York's Penal Law. The paper applies these two articles to the case of Popye and Olive Oyl. According to the paper, Popye tries to defend Olive Oyl's honor by trying to beat up Bluto, who gets the upper hand. The paper goes on to say that Olive Oyl then kills Bluto in order to save Popye's life.
With this in mind, this paper will answer various related questions in an effort to better understand these laws and how they apply in theoretical, and actual cases.
Outline:
Abstract/Scenario
Olive's Most Serious Crimes from the Viewpoint of a Juror
Availability of Justification Defense Under Article 35 of New York Penal Law
Implications Under Article 20 of New York Penal Law
Legal Precedence
Summary
From the Paper
"Preceding all of the actions that began with Popeye and Bluto's physical fight and climaxing in the death of Bluto at the hands of Olive, under Code 20, lies the Duty of Retreat, which holds that when there was a possibility for a verbal argument to escalate into physical fight, Popeye had the obligation to remove himself from the situation, as did Olive. When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence."
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Leonard Peltier, 2007.
This paper discusses Leonard Peltier and looks at how justice miscarried.
3,250 words (approx. 13.0 pages), 7 sources, MLA, $ 93.95
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Abstract
In this article, the writer notes that Leonard Peltier has been in prison at Ft. Leavenworth more than 30 years for a crime that he and many supporters say he did not commit. In order to understand what actually happened that day and why many people consider Peltier a political prisoner, the writer notes that it is necessary to obtain an awareness of the historical context in which the incident took place and the government's attitude toward the American-Indian Movement. In this essay, the writer examines the historical context, looks at the two trials that were held in connection with the shootings and describes subsequent legal actions.
Outline:
Historical Context
The American Indian Movement
From the Paper
"Three films have been made about the incident and the case: Incident at Oglala a documentary produced by Robert Redford (which this paper draws heavily upon), another documentary Warrior, and a fictionalized version Thunderheart. The film Incident at Oglala was based directly on a book written by Peter Matthiessen, In the Spirit of Crazy Horse, which describes the historical context and events that led to the shoot-out in 1975. The book was kept off the market for eight years until 1991 by a lawsuit that the FBI funded. Eight decisions later, the Supreme Court ruled that the book was free of libel, so it and the documentary are now available to the public. Although Peltier is known in foreign countries as a hero, and Amnesty International and others are fighting for him as a political prisoner, there is not much public awareness about him in the United States."
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The Patriot Act, 2007.
A look at the pros and cons of the USA Patriot Act, October 26, 2001.
1,600 words (approx. 6.4 pages), 11 sources, MLA, $ 52.95
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Abstract
The paper discusses how the Patriot Act received overwhelming endorsement even though it greatly weakened civil liberties provided by the U.S. Constitution. The paper explores the positions of opponents and supporters of this act. The paper presents a personal opinion that while there are certainly some long-needed changes brought about by the Patriot Act, it went too far in weakening civil liberties and invading the individual's right to privacy.
Outline:
Issue
Pros
Cons
My Position
From the Paper
"The USA Patriot Act, commonly referred to as the Patriot Act, was signed into law on October 26, 2001 just 45 days after the September 11, 2001 terrorist attacks on the World Trade Center in New York City (USA Patriot Act). The Act expanded the authority of U.S. law enforcement agencies to investigate and prosecute terrorism (USA Patriot Act). Many of the act's provisions were set to sunset on December 31, 2005 (USA Patriot Act). Given the horrific shock and fear following September 11th, the need for an immediate reponse to terrorism and perhaps the feeling that the Act could be fixed a short-time later because of the sunset clause, the Patriot Act received overwhelming endorsement even though it greatly weakened civil liberties provided by the U.S. Constitution."
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Employment of Older Workers, 2007.
A discussion of the tax credit bill designed to encourage the employment of older workers.
1,409 words (approx. 5.6 pages), 2 sources, MLA, $ 46.95
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Abstract
This paper examines a bill currently making its way through the legislative process that would promote labor force participation of older workers. The paper explains that the bill will provide a tax credit to corporations that employ older workers. The writer examines the importance of older workers, as well as how this bill would impact corporations across the nation.
Outline:
Introduction
Benefits of Bill
From the Paper
"For many years, potential employees were politely interviewed then never called back to accept the position. There was a general mindset that they could not work as hard, or as fast or as well as their younger peers could work. The advances in medical science have begun to change the way the older population is viewed. People are living longer than ever before and with that longevity come the desire to stay busy and contribute to society well into the "golden years"."
"One of the problems that the older generation is encountering however is the attitude toward their contribution to the work force. When a person reaches a certain age they suddenly find themselves "unemployable" even when they are highly skilled and experienced in the field."
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Paralegals, 2007.
A review of literature regarding paralegal work and paralegals within legal firms.
1,511 words (approx. 6.0 pages), 10 sources, MLA, $ 49.95
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Abstract
This paper reviews multiple articles that deal with paralegals. It addresses issues relating to paralegals and paralegal work, such as paralegal billing, outsourcing of paralegal work, expected behavior of paralegals within legal firms, paralegal certification and tips for success in an ever-changing career. The main points of each article are enumerated.
From the Paper
"Certification has become well-established in hundreds of professions over many decades throughout the United States. The earliest of these designations were created during the 1930s and 1940s, and they represented traditional and readily identifiable
careers such as those in architecture and engineering. Since that time, professional associations have considered and developed numerous certification categories for
practitioners in their respective fields, and in recent years, the creation of designations has expanded dramatically, according to the National Certification Commission. For example, four new categories were introduced by the American Correctional Association for its Correctional Certification Program between 1999 and 2002: certified
corrections executive (CCE), certified corrections manager (CCM), certified corrections supervisor (CCS) and certified corrections officer (CCO)."
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Civil Sanctions, 2007.
This paper presents an examination of civil sanctions in crime control.
2,811 words (approx. 11.2 pages), 6 sources, MLA, $ 83.95
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Abstract
In this article, the writer examines the role of civil sanctions in crime control. The writer explores the way civil sanctions are already used in criminal cases. The writer then argues that taking it a step further would benefit everyone involved by alleviating some of the nation's jail overcrowding issues and by providing financial relief to victims of criminals. The writer concludes that the time has come to introduce the use of civil sanctions to control crime in America. The writer points out that it would help alleviate jail overcrowding, it would benefit society by putting money back into the pocket it was taken from through crime and it will serve as a control for would be criminals to stop and think about whether the crime they are about to commit is worth it.
Outline:
Introduction
History
Crime Control
Conclusion
From the Paper
"To be fair, criminal court judges are also at their wits end as they try to handle overfilled courtroom dockets, maintain a sense of order and keep track of how many times a defendant has already been in trouble before deciding what punishment to hand down. Recent history has witnessed Americans taking the law into their own hands, not with acts of vigilantism but with acts of civil summons. Across the nation victims and families of victims in criminal actions are filing civil suits against those who committed the crimes against them or their loved ones. The trial of OJ Simpson was one of the most well known cases, in which the families of Ron Goldman and Nicole Simpson took the former pro-ball player to civil court and got a many million dollar ruling against him. In Nashville the case of attorney Perry March who killed his wife and then worked with his father to hide the body and escape prosecution for more than a decade has also been sued by his wife's family for the distress his actions caused them. The idea of filing civil suits against criminal defendants is not a new one, however, the civil action has nothing to do with the criminal proceedings. With the current overcrowding of America's jails and prisons, and crime including many more types of theft than ever before, the time has come to introduce civil sanctions as a valid method of crime prevention."
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International Law, 2007.
An overview of the principles and types of international law.
1,673 words (approx. 6.7 pages), 6 sources, MLA, $ 54.95
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Abstract
This paper examines how there are four types of legal systems in existence in the modern world: civil law, common law, customary law, and religious law. It look at how all four types of legal systems have lengthy histories and share some common elements and how one can see the overlapping influence of different legal systems in each different type.
Outline:
Legal Systems
Transnational Crimes
From the Paper
"Those countries associated with the common law are based on precedent and find their roots in English law. Common law systems give their judges the power to establish law and lower courts are required to follow those decisions. Therefore, the source of the law is custom and even in areas where there are no statutes there may be guiding laws. Legislatures continue to have the power and ability to make laws, but courts have the power to make law, not simply interpret it. More importantly, though the laws in common law countries have often been written and codified, it is the fact that judicial decisions initially formed those laws that separate common law countries from civil law countries. "
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Leonard Peltier, 2007.
A look at the circumstances surrounding the conviction and incarceration of Leonard Peltier, who was accused of shooting two FBI agents in 1975.
3,454 words (approx. 13.8 pages), 7 sources, MLA, $ 97.95
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Abstract
This paper discusses the case of Leonard Peltier, who has been in prison at Ft. Leavenworth more than 30 years for a crime that he and many supporters say he didn't commit. The paper examines the historical context in which the killing of two FBI agents in 1975 took place, including the government's attitude toward the American-Indian Movement. It then looks at the two trials that were held in connection with the shootings and describes subsequent legal actions.
Table of Contents:
Historical Context
The American Indian Movement
From the Paper
"At the end of President Bill Clinton's presidency, there was a chance that he would pardon Leonard Peltier. He was seriously considering it. However, 500 agents of the FBI and their families staged a protest outside the White House demanding the president deny clemency for Leonard Peltier. The president did not pardon him. He gave no reason, but it seems likely he didn't want to go against the FBI (Sanchez, Stuckey, & Morris, 1999). Nobody knows for sure. Afterwards, however, a billionaire named David Geffen stopped supporting Hillary Clinton's presidential campaign financially and funded Barack Obama's campaign instead. Geffen said he was disillusioned by President Clinton's refusal to pardon Peltier while at the same time he pardoned Marc Rich, whom he called "a billionaire felon and criminal" (Wikipedia web site)."
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Gun Control, 2007.
This paper discusses policies regarding gun control in the U.S.
3,796 words (approx. 15.2 pages), 27 sources, MLA, $ 104.95
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Abstract
In this article, the writer notes that if one examines the history of the American government's gun control policy, then one realizes that these policies have less to do with the love of guns and more to do with the political process. Further, the writer maintains that while one can continue to put forward strong claims both for and against gun control, American history verifies the dedication towards pluralism and incrementalism. The writer points out that gun control policy evaluation reveals use of language and symbols that conflicts with complicated methods of policy formulation and execution. Further, the writer notes that the trouble free access to a large figure of guns has been associated with the high crime rates throughout the country.
Outline:
Introduction
History
Penetration of the Federal Government
Assassinations Revive the Issue
Execution of GCA and the General Reaction of the Public
The Enactment of the Brady's Bill
The democratic power of interest groups
Use of democratic ideals for achieving political ends
Democratic action (or lack of it)
Systemic Roots of Indecision
Conclusion
From the Paper
"The passing of Sullivan Law in New York in 1909, which legalized the possession of guns, opened the doors of gun possession to the general public. This law has been passed during the time when ban on drug-use and alcohol-consumption was being strongly advanced. The passing of Sullivan Law has been not only as an outcome of this but also due to fear of increase in crime rates and population of new immigrants. In the New York City the police had strict control over the use of guns and only the most influential were allowed to possess handguns. This successful control over possession of handguns was being used as a model by supporters of Gun Control; while the opponents were using this situation to unite its support."
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Pending Legislation & Heath Care, 2003.
A look at pending legislation relating to health care services.
789 words (approx. 3.2 pages), 3 sources, MLA, $ 28.95
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Abstract
This paper reviews and discusses pending legislation or tort reform regarding health care services. According to the paper, the battleground involves doctors and trial lawyers, and is often anything but simple. The paper reports that the doctors argue that there must be limits placed on the damages a person can collect from them for malpractice, but naturally the lawyers do not agree.
From the Paper
"Since personal injury lawyers usually take a percentage of what their client gets in a jury's decision or in a settlement, placing limits on the amount a person suing a doctor could collect would also limit the amount of income a personal injury lawyers makes in a year. They also dispute the assertion that doctors are leaving the state because of malpractice insurance rates. This view has been supported by the Democrats."
"So the agendas of the two sides are not really hidden at all. It, like so many other pieces of the legislation that goes through the legislative branch of a government, is all about money."
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Courtroom 302, 2007.
This paper discusses the book "Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse" by Steve Bogira.
1,991 words (approx. 8.0 pages), 1 source, MLA, $ 63.95
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Abstract
In this essay, the writer introduces, discusses and analyzes the book "Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse" by Steve Bogira. The writer notes that "Courtroom 302" is a detailed and disturbing look into the criminal justice system in America. The writer points out that the author spent one year observing the activity in a particular courthouse in Chicago and that the result is an intimate portrayal of the people who populate the courts of America, from criminals to prosecutors and beyond. The writer concludes that the criminal justice system is failing many Americans, and that is what makes this book so troublesome and so memorable.
From the Paper
"It is clear the author researched this book with depth and detail. Not only did he spend a year inside Courtroom 302, he interviewed hundreds of participants in the courtroom drama, including Judge Daniel Locallo, the presiding judge in the courtroom, numerous times. His notes on each chapter indicate he also used published sources as background for his own exhaustive research and interview process. The book is well written and compelling, but it is also well researched and defended. The author clearly understands his subject and his experience in the courtroom. He brings this understanding to the reader, to make the entire experience more interesting and enlightening."
"Perhaps the most disturbing aspect of this book is the implications it holds for every courtroom across America. First, Chicago may be the busiest felony courthouse in the nation, but there are hundreds more just like it all across the country, filled with petty criminals to the worst habituals."
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Computer Crime, 2007.
This paper discusses crimes based on the use of computers and looks at the issue of cyber crimes.
1,087 words (approx. 4.3 pages), 5 sources, MLA, $ 37.95
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Abstract
In this article, the writer explains that computer crime can be classified into two categories: crimes that use the computer as the primary instrument for felonies like identity theft or piracy; and crimes that use the computer and its related systems as the target such as systems hacking or viruses. For clarification, the definition of computer crime should focus more clearly on the crimes that directly involve computers and their systems as targets. The writer notes that as increasing numbers of people become computer literate, the digital universe becomes saturated with malicious users who seek to commit any number of offenses ranging from child pornography web rings to identity theft to hacking to acts of terror. The writer concludes that combating computer crimes will require aggressive efforts and sensible legislation.
From the Paper
"Cybercrime, like terrorism, crosses international boundaries. A British man was recently busted for trying to hack into the FBI's computer systems, one of many examples of why computer crimes need to be investigated and dealt with differently than other types of crime. However, remote access to closed and secure systems is nearly impossible to arrange. Most sensitive data stored by government agencies or private corporations is not kept on servers that are connected to the Internet. Although Hollywood might make it seem that an eight-year old kid with a PC can hack into the CIA's database, in reality such crimes are almost impossible to commit. Ex-employees, however, and disgruntled current employees can wreak enormous havoc. These inside jobs are of particular concern for all organizations with sensitive data."
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MRI and the Law, 2007.
A discussion of the use of MRI's in legal cases and their impact on court decisions.
5,850 words (approx. 23.4 pages), 22 sources, APA, $ 140.95
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Abstract
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) "
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Sternberg v. Carhart, 2007.
Discussion of the Sternberg v. Carhart case, which involved reproductive rights issues.
1,570 words (approx. 6.3 pages), 3 sources, APA, $ 51.95
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Abstract
This paper discusses several of the court cases that were impacted by Roe v. Wade, with an emphasis on Sternberg v. Carhart. The initial law established by Roe v. Wade is evaluated and subsequent cases and their effect on women's reproductive rights is further examined. These issues include first and second trimester abortions and partial-birth abortions. The paper analyzes the opinions of the Supreme Court justices who heard Sternberg v. Carhart, and the court's ultimate decision.
Outline:
Introduction
Background
Analysis
Conclusion
From the Paper
"Roe v. Wade, 410 U.S. 113 (1973), established that a woman's right to privacy extended to reproductive health and guaranteed that women had a right to abortion. This right to an abortion was not an unlimited right, but was the result of weighing the rights of the mother against the rights of the unborn child. Therefore, the Roe court determined that a woman had a virtually unlimited right to an abortion in the first and second trimesters, prior to fetal viability, but that a state could place restrictions on a woman's right to an abortion after a fetus was viable, in the third trimester. Id., 163-165. However, the Roe court acknowledged that medical advances might change the scope of the decision, especially in regards to Roe's trimester divisions. Id."
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Why Marijuana Should be Legalized, 2007.
This paper offers a cultural argument in favor of the legalization of marijuana.
2,319 words (approx. 9.3 pages), 12 sources, MLA, $ 71.95
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Abstract
In this article, the writer argues that marijuana should be legalized. The writer points out that marijuana offers uses across a broad range of categories, including industrial uses, medical uses and recreational uses. The paper argues that the morality of marijuana use must be reconsidered, and although much of the conservative public refuses to accept the numerous benefits of marijuana, drastic change is needed. The writer notes that although the taboo appears to be lessening as the medical use of marijuana is slowly being recognized, thanks to the acceptance by respected neurologists for instance, the moral disdain for marijuana, in particular for its recreational use, should be disregarded. The writer concludes that without even getting into the relatively low level of danger in marijuana and the resources that would be saved and accumulated by marijuana's legalization, the potential value from the uses speak for itself as a clear argument in favor of legalization.
From the Paper
"This is an unacceptable reason for the criminalization of such a valuable drug that is less dangerous than countless other drugs currently available to the public, including alcohol, poisons, and even over the counter painkillers. The morality of marijuana must be reconsidered, and although much of the conservative public refuses to accept the numerous benefits of marijuana, drastic change is needed. We as a society are nearing towards acceptance of marijuana as its value is becoming recognized and it is currently legal in some places for medicinal purposes. Thus the medicinal purposes have been recognized by some of our lawmakers, but it needs to be recognized by all. Furthermore, marijuana offers benefits that exceed just its medicinal benefits, such as the aforementioned industrial value and recreational value. Its recreational value is perhaps the most ignored, however it is important. It does not make sense that a drug which offers safer and, to many people, more pleasant recreation than tobacco and alcohol is not legalized. The recreational value of marijuana, which is important to many people even as marijuana is illegal, should be recognized and given the respect it deserves. Similarly, marijuana is a plant and has industrial values which are ignored, as currently only marijuana's medicinal values are given credence. This reflects the general sentiment, which although much of the population of Western nations has tried the drug, that it is immoral, wasteful, and dangerous to use."
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