| Papers [331-345] of 4426 :: [Page 23 of 296] | | Go to page : <— 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 —> | |
|
|
Child Custody, Women and the Law, 2008.
This paper explores the issues of child custody, the principles of best interests of the child and of the primary caregiver and how women's rights are viewed in terms of international law.
2,533 words (approx. 10.1 pages), 9 sources, APA, $ 76.95
»
Click here to show/hide summary
Abstract
This paper explains that issues of custody, childcare, social responsibility, as well as the structuring of the family and economic relationships all have to be addressed within one context. The paper then argues that the legal and judicial system, both at the local and international level, regularly fails to acknowledge the context and uses approaches based on misguided assumptions. The paper further asserts that principles such as best interests of the child and primary caregiver often function in the interests of the male partner and to the detriment of both the woman and her child. The paper concludes that although feminists are advocating for legislative change at the provincial, national and international levels, it will take time before positive outcomes will be achieved.
From the Paper
"The principle of the best interests of the child has served to guide the law of custody. In order to implement the principle of the best interests of the child, considerations of custodial arrangements are inadequate; what must be regarded as the priority is the quality of the child's life which will be the result of the custody award (Rogerson, 1988). Gender is significant because of economics and the fact that women as custodial parents have a vastly different financial potential than men. Rogerson charges that current family law is unequipped to address the economic issues after marriage breakdown. Crossman and Ryder (2001), for instance, maintain that the legal system needs to avoid assumptions associated with relationship status and focus on the economic and emotional interdependence between the two partners."
| |
|
Administrative Law: A Manual for Employees, 2008.
A professional manual for employees regarding issues of administrative law as they would apply to an administrative agency.
1,091 words (approx. 4.4 pages), 10 sources, APA, $ 38.95
»
Click here to show/hide summary
Abstract
This paper presents a professional manual for employees of a specific administrative agency. It briefly looks at administrative law and the procedures the department should avoid to ensure that no legal problems arise. Specifically, the paper outlines the concepts of discretion, credibility (and how applicant credibility is to be determined), standards with regards to bias (that is to say, what will henceforth be expected of subordinate decision-makers) and the extent of duty that will now be expected from all employees.
From the Paper
"Before leaving the issue of credibility, I wish also to point out the manner in which concerns about an applicant's credibility are to be spelled out. Henceforth, if there is a suspicion of deceit, precise instances of deception and contradiction must be noted in the final judgment. As well, particulars and context must be provided whenever a claimant cannot answer a question; in other words, if the client was unable to provide certain information because of extenuating circumstances, that needs to be highlighted. Finally, all decisions rendered by an adjudicator must be carefully examined by that adjudicator to ensure that logical fallacies, inconsistencies and contradictions are not present in the text of the decision - and that there is a complete apprehension of all the facts of the case by the adjudicator. For a good example of precisely the sort of thorough, post-mortem examination of their decisions that I want my adjudicators to undertake (especially with regards to decisions about the credibility of an applicant), please see the court decision in Hilo v. Canada (1991)."
| |
|
The NWAC V. Canada Case, 2008.
A critical examination of the "Native Women's Association of Canada v. Canada" court case.
1,478 words (approx. 5.9 pages), 10 sources, APA, $ 48.95
»
Click here to show/hide summary
Abstract
The paper explains the relevant administrative law principles regarding the "Native Women's Association of Canada v. Canada" court case and asserts that in this situation, the Native Women's Association of Canada (NWAC) was given an opportunity to be heard vis-a-vis the issues in dispute, proper procedural guidelines were followed and the Charter prerogatives of aboriginal women represented by the organization were not offended. The paper shows how there is no evidence that the government officials acted in a fashion that could be construed as biased. The paper concludes, therefore, that the government acted in full accord with the principles of administrative justice and the Court ruling substantiates this unequivocally.
From the Paper
"During the constitutional reform discussions that led up to the Charlottetown Accord, various government-funded aboriginal organizations were invited to participate in the debate. Unfortunately, the Native Women's Association of Canada (NWAC) was not invited to participate in this debate. In the view of the aforementioned group, its exclusion from direct funding and from direct participation in the constitutional discussions of the day was a threat to the equality of aboriginal women. In particular, NWAC was troubled at the prospect that the proposals being bandied about with regards to constitutional amendments might very well result in the Canadian Charter of Rights and Freedoms not applying to aboriginal self-government. Suffice it to say, NWAC went to court to prevent any further provisioning of monies to other aboriginal organizations until such time as NWAC was provided with equal funding as well."
| |
|
The Right to Die, 2008.
This paper analyzes the ethical and legal right to die, as discussed in "Unplugged: Reclaiming Our Right to Die in America" by William Colby.
923 words (approx. 3.7 pages), 1 source, MLA, $ 32.95
»
Click here to show/hide summary
Abstract
The paper summarizes the Terri Schiavo case and explains William Colby's argument, as presented in his work "Unplugged: Reclaiming Our Right to Die in America", that the law should respect an individual's inherent right to die if the health circumstances are too severe. The paper then asserts that the Federal Justice Department did not have the right to prevent Oregon from allowing patient-assisted suicides. The paper also looks at the "Cruzan v. Director, Missouri Dept. of Health" landmark case that allowed persons the right to deny life-saving medical assistance. The paper is of the opinion that the chapter "My Living Will" of Colby's book is the most intriquiging, since it describes the personal and legal foundation for denying life support systems.
From the Paper
"The Terri Schiavo case represents a critical turning point for a patient's right to die, which helped to determine a legal framework under a caregiver's consent to terminate life support systems. With the Governor of Florida and the President of the United States creating legislation to prevent the death of Schiavo, the inherent right to life or death to a patient was denied after the lower court of Pinellas County decided that Schiavo would not want to live in a persistent vegetative state. However, the Supreme Courts of the United States and Florida decided correctly that the long-term state of Schiavo's suffering and lack of revival determined that her caregivers had a right to take away her feeding tube. This was the correct choice due to the fact that her long-term placement within hospital care had decidedly taken a course that would be deemed unconscionable to keep supporting Schiavo's lack of utility (to interact with other people) and to prevent a decent quality of life. The higher courts decided that her caregivers had the right to decide on Schiavo's assisted death due to the nature of her condition and the unethical medical authority that let her continue in such a condition."
| |
|
Sexual Harassment in the Workplace, 2008.
This paper discusses sexual harassment in the workplace, focusing on the Thomas-Hill controversy.
1,624 words (approx. 6.5 pages), 5 sources, MLA, $ 52.95
»
Click here to show/hide summary
Abstract
In this article, the writer explains that sexual harassment can be legally defined as sexual behavior that is viewed as intimidating, hostile or offensive in the workplace. The writer then relates that sexual harassment in the workplace was brought to the national stage by the Senate Judicial Committee during the Clarence Thomas hearings in 1991. The writer notes that no charges were ever made regarding the inappropriate behavior of Thomas in the workplace, but it was common knowledge that it was his behavior that put Anita Hill in the spotlight. The writer points out that there were so many allegations in the Thomas-Hill controversy that the issues of oppressed and oppressor were hardly recognizable. The controversy brought into the headlines important issues of race, equality and discrimination against all people. The writer concludes that sexual harassment was the key factor in recognizing how the Civil Rights Act of 1964 had been forgotten.
From the Paper
"Ultimately the question was not whether Anita Hill was telling the truth about being sexually harassed. The question became why the Senate confirmed a Federal Judge with only two years experience with no respect for the Civil Rights Act of 1964 and the people under his tutelage. Why was a Federal Judge nominated without investigation into his behavior with the people he worked closest with?
President George H.W. Bush nominated and sought help from conservatives to put Clarence Thomas on the Supreme Court as a replacement of Thurgood Marshall who was retiring after 24 years on the bench. The political climate in 1991 was far more conservative then it was in 1967 when President Lyndon B. Johnson nominated Thurgood Marshall to the Supreme Court. The Bush presidency followed eight years of the Reagan Administration and the country was being directed towards a more conservative atmosphere."
| |
|
Invasion of Privacy, 2008.
An analysis of torts with regards to an invasion of an individual's right to privacy.
1,680 words (approx. 6.7 pages), 7 sources, MLA, $ 54.95
»
Click here to show/hide summary
Abstract
This paper discusses an individual's right to privacy and the results of an invasion of that right. It specifically discusses a tort with regards to invasion of privacy. The paper analyzes the two basic elements that occur with invasion of privacy - the fact that the individual's right to privacy is invaded and the resulting damage that occurs as a result.
From the Paper
"The right of privacy in the private sector has taken on a whole new dimension since the times of Justice Brandies with the advent of the internet, email, YouTube and the myriad of personal blogs raise the specter of anyone becoming a world-wide celebrity. If you doubt the power of the internet to create celebrities out of the ordinary person, recall the "numa numa" phenomenon, the portly college lip syncing into his computer became an overnight celebrity via viral video. This was voluntarily placed on the internet, the repercussions of instant involuntary notoriety where unimagined in the late 19th century when the right of privacy was first put forward by Justice Brandies. There are many personal issues that individuals wish to keep private, and the vast amount of case law regarding all four aspects of invasion of privacy needs to be kept in context of the modern era of the internet, AIDS and the 24 hour cable news station."
| |
|
Equality in Community Work Practice in Ireland, 2008.
An analysis of the current equality practices and the long-term plan to combat inequality in the workplace in Ireland.
1,225 words (approx. 4.9 pages), 6 sources, MLA, $ 41.95
»
Click here to show/hide summary
Abstract
This paper discusses equality in the workplace in Ireland. It analyzes the several processes in Ireland that are showing that a long-term plan exists to combat inequality and to reestablish equality among all peoples. It also discusses the role of equality in community work and then briefly summarizes the processes that are currently in place.
From the Paper
"On a national level, there are some key goals to reach this equitable society. For example, Pobal in 2007 seeks to expand their partnerships that offer services to the unemployed, community development, and community based youth initiatives to cover the entire country (Pobal). This national coverage will bring a consistent growth of equitability to the nation. Similarly, the Combat Poverty Agency seeks to provide stronger access to quality services in 2007, also focusing on stronger distribution of income (Combat Poverty Agency)."
| |
|
The Patriot Act and Private Security, 2008.
This paper considers how the implementation of the Patriot Act has altered the scope of private security within the United States and abroad.
1,942 words (approx. 7.8 pages), 5 sources, APA, $ 61.95
»
Click here to show/hide summary
Abstract
This paper discusses how the Patriot Act has supported the expansion of private security within the nation and globally. The paper relates that this growth has become a positive factor for the nation, its businesses and the government because of the expertise that private security officers can provide. The paper also explores, however, the negative outcomes that have been associated with private security agencies who have used the power awarded to them under the Patriot Act to function inappropriately and arbitrarily determine the fate of innocent people. The paper concludes that the continued success of these agencies will be dependent on their ability to apply the provisions of the Patriot Act in an ethical manner.
From the Paper
"The United States Patriot Act, or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, was signed into law in October of 2001 following the terrorist attacks of September 11th. It was the intention of the act to provide for federal authority to gather information, provide for knowledge about terrorists prior to their ability to act against the United States and aggressively monitor suspected activities in order to prevent the events of 9/11 from reoccurring. While there did not appear to be initial significant changes in the private security industry following the 9/11 attacks related to procedure, as time has progressed the focus on terrorism has monumentally changed the core of private security functions for many personnel. This has created conflict for some agencies that have been forced to release information that is confidential to the support of businesses and the individuals that interact with those companies."
| |
|
Statutory Interpretation in "Nguyen; R. v. Hess", 2008.
A case study presentation of the case of "Nguyen; R. v. Hess" and discussion of the federal statute Section 146(1).
2,082 words (approx. 8.3 pages), 6 sources, APA, $ 65.95
»
Click here to show/hide summary
Abstract
This paper discusses Section 146(1) which is a federal statute insofar as it falls under Canadian federal criminal law. The paper begins by presenting the case of "Nguyen; R. v. Hess" in which Victor Hess and Van Nguyen were each charged with having sexual intercourse with a young woman under the age of fourteen - an activity that clearly contravenes section 146(1) of the Canadian Criminal Code and its prohibition against statutory rape. The paper discusses the case and the history of the laws in Canada.
Table of Contents:
Case Brief
Facts
Procedural History
Legal Arguments
Issues
Decision
Reasons for Majority Decision
Ratio (Guiding Rationale of the Majority)
Obiter Dictum
Dissent
The Essay
From the Paper
"The parliament has the regulatory authority to re-shape as well as introduce bills that, with the assent of both Houses, can become law under the Canadian Criminal Code. With regards to Sections 151 and 152 of the Code, there is presently a movement afoot to elevate the age to which a child can lawfully consent to sexual activity from 14 to 16. Of course, the Parliament (and the government, of course) is rather constrained by the dictates of the Canadian Constitution; more specifically, the modifications made to any section of the Criminal Code must align with Section 7 and Section 15 guarantees of the Charter unless the implicit concept of proportionality as outlined under Section 1 of the Charter permits otherwise. In that sense, members of the federal judiciary have ultimate power in assessing the merits of the law."
| |
|
Capital Punishment in South Carolina, 2008.
An analysis of the capital punishment laws in South Carolina compared to other states and a discussion over their future.
1,678 words (approx. 6.7 pages), 10 sources, MLA, $ 54.95
»
Click here to show/hide summary
Abstract
This paper discusses the history of the capital punishment statute in South Carolina from 1912. It discusses the debate over the laws and the current situation. The paper also compares the capital punishment laws between the different states and how they have been applied. In addition, the paper examines the arguments against the death penalty and suggests that the death penalty will slowly deteriorate into nothing.
From the Paper
"Basically, there are some people who believe that the death penalty should continue especially if they were victims or relatives of the victims. If the death penalty happens in one or two states only and people see that the murder rate declines when trials are set in those places, the boundaries would definitely change. In other words, if a murder happened in Columbia, South Carolina and the trial was set in Texas since the death penalty exist and all evidence pointed that way and was convicted, sentence to die, and executed; other states may join in to decrease murder rates."
| |
|
Mediation and Domestic Violence, 2008.
This paper argues against mediation in cases of domestic violence.
1,536 words (approx. 6.1 pages), 6 sources, APA, $ 50.95
»
Click here to show/hide summary
Abstract
In this article, the writer notes that the issue of domestic violence has been debated for decades throughout the criminal justice system, government and society. The writer points out that because there has been a steady increase in the number of domestic violence cases over time, it has been suggested that mediation may be the solution to resolving issues, saving families and stopping the continued violence through communication. The writer discusses that mediation, however, by its very nature suggests that there are two parties that are equal and that there is a desire for there to be a solution that is equitable to both individuals. Therefore, the writer maintains that while there are many segments of society that believes that mediation is appropriate in domestic violence cases, it is evident that if equality does not exist between the parties, mediation is not a solution to the issue.
From the Paper
"Although this is becoming the standard of practice in the court system, it is also not always achieved effectively because of the lack of skill in domestic violence cases that exists in the court system. Therefore, wives that have experienced domestic violence may be directed to enter mediation, even though the situation calls for other actions to be taken that would prevent further violence.
"The State of Georgia has determined that mediation can be effective in domestic violence cases if proper screenings occur prior to the onset of the mediation process. The state has placed into affect procedures in which mediation can be considered in domestic violence situations, where there is no threat to the individuals being abused and in which the mediators are specifically trained to work with domestic violence cases."
| |
|
Government Regulation of Business, 2008.
This paper argues positions for and against government regulation of business.
1,960 words (approx. 7.8 pages), 3 sources, MLA, $ 62.95
»
Click here to show/hide summary
Abstract
This paper explains that government regulation of commerce in the United States traces back to the first draft of the Constitution, which gives the federal government power to regulate interstate commerce. The author points out that the power of regulations of businesses allows the federal government to act on behalf of the public and provide protections for individuals who cannot manage on their own without collective support. The paper stresses that, far from being evil and ineffective, appropriate government regulations can have many positive effects such as reducing corporate excess and increasing accountability in the business world. The author underscores that, unfortunately, the presence of a regulatory agency or legislation is no guarantee of the successful achievement of that goal. The paper also argues that any regulation leveled at the business community is ultimately borne by the consumers who patronize those businesses and negatively impact innovation in products by raising costs for businesses.
Table of Contents:
Consumers and Businesses Benefit from Government Regulation
Government Regulation Harms Businesses
From the Paper
"The reality is that the government is, by and large, an obstacle to increased prosperity and economic growth in industrialized nations. The traditional view of regulations is that it is the primary weapon or tool that the government has in its efforts to rein in the excesses of the business community. This attitude posits that business and commerce is somehow opposed to the interests of the public and that the government can act as a kind of "white knight" to protect the public and champion their interests in the face of corporations and businesses intent only on improving their bottom line and increasing profits."
| |
|
At Will Employment, 2008.
A review of the arguments of Richard Epstein in his article, "In Defense of the Contract at Will."
1,568 words (approx. 6.3 pages), 3 sources, MLA, $ 51.95
»
Click here to show/hide summary
Abstract
This paper discusses Richard Epstein's article, "In Defense of the Contract at Will," in which he describes at will employment as an inherent right awarded to all employers. The paper presents his arguments and reviews their validity. It discusses the strategy of his arguments and describes why they are successful in their presentation.
From the Paper
"What these authors recognize in at-will's implicit contract is that it is simply not a contract at all and all of the demands are made by the employer with little recourse for the employee other than to quit and suffer the greater economic harm and consequences. Hence, the at-will contract is essentially a mandate rather than a contract and it is a mandate that states that employees will abide by the predetermined agreements of the employer or be removed from employment at any time and for any reason."
| |
|
Cross Burning and the American Justice System, 2008.
This paper argues that blanket prohibitions on the issue of cross burning are unconstitutional in the American justice system.
1,545 words (approx. 6.2 pages), 4 sources, APA, $ 50.95
»
Click here to show/hide summary
Abstract
This paper explains that the current debate about the legitimacy of cross burning under state law has been a conflicting issue with the primary constitutional provisions, which protect a person's right to freedom of speech under the First Amendment. The author points out that the critical issue of racial intimidation by the Klu Klux Klan (KKK) in the case of "Virginia v. Black" provides a foundation for various leniencies by the Supreme Court to allow racial intimidation as a precursor for validating Virginia's laws, although they correctly struck down the statute of cross burning as a blanket prohibition against the cultural milieu of Christianity in the state. The paper concludes that the premise of racial intimidation portrays a contextual denial of the right to burn a cross at a KKK rally, but the religious nature of Virginia's law violated the Fist Amendment of the Constitution.
From the Paper
"This perspective has brought great controversy over the use of derogatory language as a basis for intimidation, but since the Virginia law did not provide any type of deeper semantics to the issue of the "breach of peace" the Supreme Court deemed it unconstitutional to prevent cross burning. The premise of religious freedom took a precedence in this ruling, since the very language of the Constitution does not deny any type of freedom of religious expression, but only if it does not physically harm another person. Perhaps, the ruling of "Chaplinsky v. New Hampshire" goes against this form of intimidation as an exception."
| |
|
Women and the Canadian Old-Age Pension System, 2008.
A historical overview of the Canadian old-age pension system with regards to female employees.
1,285 words (approx. 5.1 pages), 9 sources, MLA, $ 43.95
»
Click here to show/hide summary
Abstract
This paper examines the history of the entitlement of women in the Canadian old-age pension system. The paper points out that, although at first limited, the scope of Canadian women's enfranchisement in the successive public pensions schemes instituted between 1928 and 1985 did gradually widen, allowing more and more women to receive pensions. The working premise of the paper is that this progress was foremost the fruits of women's own labors, literally as well as figuratively.
Women in effect earned the right to a pension by earning a living in increasing numbers. The paper concludes that, in order to do this, women had to overcome the prevailing social mores, prejudices, institutional resistance and male-dominated cultural stereotypes.
From the Paper
"Data from the 1901 Canadian Census records a total male population of 2,066,000 and a total female population of 1,957,000. Out of this 1,618,000 men but only 215,000 women were gainfully employed; in other words, 78.3 percent of Canadian males earned their living by working whereas only 14.4 percent of Canadian women did. (Series D107) Some thirty years later, on the heels of Canada's first full-fledged public pension, 78.5 percent of Canada's 4,206,000 men and 19.4 percent of its women were gainfully employed. The raw numbers are particularly revealing: 3,296,000 men but only 752,000 women reported having a job. Yet, even if these results are skewered by the Great Depression, there were still over three times as many women working in 1931 than 1901."
|
|
|
