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Surrogate Parenting, 2006.
A discussion regarding the legal and ethical issues and complications surrounding surrogate parenting.
1,017 words (approx. 4.1 pages), 7 sources, MLA, $ 35.95
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Abstract
This paper takes a look at the new and emerging reproductive technologies used today to help couples with fertility issues to have children. The paper focuses specifically on surrogate parenting, discussing the legal and ethical issues that can complicate surrogacy.
From the Paper
"The most commonly raised question is: are we not commercialization children by severing the bond between the natural mother and the child? Closely connected to this question are the feelings of the natural mother who might not want to give up the child once he is born. The legal cases in this regard have only further complicated the whole issue. The baby M case is one of the most well known cases of surrogacy parenting in the US. In 1986, Mary Beth Whitehead entered into a contract with Elizabeth and Daniel Stern to bear a child for them using husband's sperm. However when the child was born, Mary Beth refused to give up the custody which resulted in a bitter battle where many legal and ethical questions surfaced. It was decided by the court that while Sterns would keep the child, Whitehead would have visitation rights. This is not something common because it is decided prior to the birth of the child that natural mother would have no contact with him/her. This brings us to the philosophical question: Who exactly is a mother and what precisely is motherhood?"
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The Death Penalty, 2007.
A discussion on the application of the death penalty around the world.
1,519 words (approx. 6.1 pages), 7 sources, APA, $ 50.95
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Abstract
This paper explains why the death penalty is a violation of fundamental human rights. It discusses some of the the international treaties against the death penalty. The author also explores its application against children, the mentally retarded and others in countries around the world including the United States.
Outline:
Why the Death Penalty is a Violation of Human Rights?
International Treaties Regarding the Death Penalty
Application of the Death Penalty against Children
Death Penalty for Mentally Retarded & Mentally Ill
Conclusion
References
From the Paper
"In the United States too, the U.S. Supreme Court by a majority decision on March 1, 2005 in Roper v. Simmons held that death penalty for juveniles was "cruel and unusual" and as such the Eighth and Fourteenth Amendments of the US Constitution forbid the execution of offenders who were under the age of 18 when their crimes were committed. (Richey, 2005) The Supreme Court decision has effectively stopped child executions in the USA which had executed more child offenders (a total of 19) than any other country between 1990 and 2003. ("Facts and Figures on the Death Penalty," 2006) The Amnesty International reports that there were four executions of child offenders in 2004 - one in China and three in Iran--and eight child offenders were executed in 2005, all of them in Iran."
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Supreme Court, 2007.
An analysis of the issues arising from the power that the Supreme Court has over the Constitution in the United States.
1,141 words (approx. 4.6 pages), 5 sources, MLA, $ 39.95
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Abstract
This paper discusses the power of the Supreme Court in the United States. The paper suggests that the Supreme Court is the final arbiter of constitutionality on just about any issue that is debated among citizens of the United States and it discusses the political and legal problems that have arisen from this situation. It specifically discusses the public outcry regarding activist judges who appear to want to legislate from the bench.
From the Paper
"The need for judicial reforms, then, is rather obvious. What is less evident, however, is the means through which to accomplish this reform. Some commentators have suggested a constitutional amendment limiting justices to term limits, albeit long ones, to avoid the political maneuvering inherent in the timing of Justices' retirements and nomination; the amendment provides significant equality among administrations to nominate candidates for the Court without placing undue emphasis on when certain Justices retired (as Justice William Douglas attempted to do by waiting to retire until a Democratic president was in office) (DiTullio and Schochet 2004). Other reforms proposed include different nomination processes, a more significant emphasis on qualifications over political affiliation, less outside lobbyist and interest group involvement, and various other tweaks to the process of choosing members of the judiciary (Yoo 2000, 1465)."
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Alternative Dispute Resolution, 2007.
This paper explores alternatives to the current Anglo-American legal system, such as arbitration and impartial investigation.
7,004 words (approx. 28.0 pages), 8 sources, MLA, $ 157.95
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Abstract
This paper examines the current Anglo-American judicial system and its history while also considering some of its drawbacks. In response to these short-comings, the author suggests alternative methods of dispute resolution, such as arbitration and impartial investigation. These methods are discussed in light of their use in other legal systems around the world. The author concludes that a reform of the adversarial systems currently in use in the Anglo-North American world would be desirable because reforms might increase the availability of true justice for large segments of the population.
Outline:
Introduction
The Development of the Adversarial System
The Adversarial System vs. Alternative Forms of Dispute Resolution
Alternative Dispute Resolution: The European Civil Code Example
Possibilities and Problems Relating to the Implementation of Alternative Dispute Resolution Systems in Canada, the United States, and the United Kingdom
Conclusion
From the Paper
"The justice system of the Anglo-North American world is an adversarial one. A lawyer is an advocate - he or she represents the case and the views of his or her clients. The rightness or wrongness of the arguments of the opposing side is of no concern to counsel. It is the duty of the lawyer to represent the client's case to the best of his or her ability; to make use of whatever legal arguments, statutes, precedents, etc. will advance his or her client's cause. In essence, the judicial system of the United Kingdom, Canada, the United States, and other nations that follow the English legal tradition, is one of a debate between two sides. It is the responsibility of the judge and jury to decide the case based on the relative merits of the arguments for each side. In contrast to the usage of many other nations, there is no independent attempt made to determine the correctness of either argument. Neither judge nor jury possesses the authority to actually investigate the claims made. As well, Anglo-North American law does not require that actionable cases strictly match the provisions of some pre-established code. Precedent is of great importance having, in the absence of positive law to the contrary, the force of law. In this sense, the law is quite malleable. Through careful research, an attorney might discover a useful prior decision that could lend weight to his or her arguments. Again, since there is no adherence to a strict code of laws, as say the Roman Law, or the Code Napoleon, it becomes possible to manipulate existing laws and precedents to suit the situation. Of course, a major difficulty of any system that relies upon the best presented argument is the danger that such an argument may not actual to be correct. Rather, it only appears to be correct. As a result, many have begun to question the utility and fairness of the adversarial system. "
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Drug Abuse in Pregnancy, 2007.
An argumentative essay discussing whether women who abuse drugs and alcohol should be prosecuted on behalf of their unborn children.
1,033 words (approx. 4.1 pages), 5 sources, MLA, $ 36.95
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Abstract
This paper examines various fetal rights instruments, proposed laws that are supposed to protect unborn children by criminalizing mothers who abuse alcohol and drugs. The first part looks at examples of such legislation and the arguments of the proponents. In the second part, this paper argues that while such efforts have noble intents, these fetal rights laws are misguided and counterproductive. Based on these weaknesses, this paper concludes that the state must not prosecute pregnant women who engage in substance abuse.
Outline:
Prenatal Protection
Fatal Flaws
Conclusion
References
From the Paper
"Cruz's case is far from new. In the late 1980s, the heyday of concern for the rights of fetuses, the Medical University of South Carolina began to screen pregnant patients with for cocaine use. Women who tested positive were then turned over to the police. In these cases, the threat of prosecution convinced many pregnant women to seek treatment for their substance addiction (Jonsson 2001).
These examples embody many of the arguments that mothers who take drugs during their pregnancy should be treated as criminals. First, there are legal precedents for doing so. South Carolina, for example, has a history of recognizing a viable fetus as a living person (Jonsson 2001)."
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Same-Sex Marriages, 2006.
This paper argues in favor of same-sex marriages.
2,025 words (approx. 8.1 pages), 4 sources, MLA, $ 64.95
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Abstract
This paper explains that the civil rights movements of the 1960s and early 1970s dramatically altered the political landscape for homosexuality and began the lingering battle over gay rights. The author points out that many laws banning homosexual marriage arose during the 1950s and 1960s because of the fear of the breakdown of American morality; however, targeting gays as scapegoats is inane because there are no connections between homosexuality and degenerate morals. The paper stresses that no state has the right to ban homosexual marriage any more than it has the right to prevent women from voting or blacks from serving in Congress because same-sex marriage is ultimately a civil rights issue.
From the Paper
"Times are changing. The 1960s saw a wave of social and political activism that put a stop to Jim Crow, secured greater freedoms for women, and enabled gays and lesbians to be included in anti-discrimination legislation. Much remains to be done in all three of these core civil rights rubrics. Race relations remain touchy in many parts of the United States and minorities are still underrepresented in positions of political and economic power. Similarly, women are underrepresented in many key professions and still earn less money than their male counterparts."
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Search Warrants, 2006.
This paper discusses the search warrant, its nature, the required procedures and issues faced by the criminal justice system today.
1,185 words (approx. 4.7 pages), 3 sources, APA, $ 40.95
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Abstract
This paper explains that, in the United States, to search private property in their criminal investigations, the police are normally required to have a written search warrant. The author points out the very strict guidelines for search warrants, which were created to protect individual citizens from unwarranted abuses by the police and the justice system. The paper states that the hysterical reaction of the authorities and society to the events of 9/11 has resulted in a significant change regarding the criminal justice system and its rules so that searches, warrants and their concomitant rules have become flexible and arbitrary.
Table of Contents:
Requirements and Procedures
Exceptions
Additional Types of Search Warrants
9/11 Issues and Concerns
From the Paper
"Blood samples are normally required in situations where endangerment is caused by an over-indulgence in substances such as drugs or alcohol. Driving under the influence, for example, is such a situation. Surreptitious surveillance is also an issue that is under the control of courts and would be a violation of the Charter of Rights and Freedoms if conduced without a warrant. As will be seen, this has become an extremely controversial issue in the United States."
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NAFTA and The American Auto Industry, 2007.
A discussion on the North American Free Trade Agreement (NAFTA) and the effects on the American auto industry.
3,920 words (approx. 15.7 pages), 7 sources, MLA, $ 106.95
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Abstract
This paper reviews NAFTA and its effect on the American auto industry. Specifically the researcher examines various theoretical propositions providing analysis of the effects of NAFTA since implementation. The author's aims and objectives include identifying the costs and benefits associated with NAFTA's implementation, as well as identifying future trends and areas for research growth with respect to NAFTA and the automobile industry. The primary research examined includes how NAFTA impacted the U.S. automobile industry as a whole; whether the overall effects of NAFTA on the U.S. automobile industry have been positive or negative; and what the future of the U.S. automobile industry is, based on research gathered regarding NAFTA since its inception.
Outline:
Introduction
Journal Review
Theoretical Discussion of Topic
NAFTA Integration Strategies
Data Analysis
Conclusions
From the Paper
"Koechlin & Larudee (1992) take an interesting approach reviewing the potential effectives of NAFTA prior to its full inception claiming that the overall costs of NAFTA would likely be too high or negative in nature, postulating that employment would be affected most severely particularly within the U.S. Lastly Globerman & Storer (2005) provide the most recent analysis of free trade and price convergence resulting from NAFTA. The authors adopt economic theory suggesting that liberalization of trade will ultimately result in price convergence. The authors also examine the impacts of convergence on returns to capital and wages, suggesting that multiple explanations exist for the seeming divergence that followed the Canada-U.S. Auto Pact in the early 1960s."
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U.S. vs. China Legal Systems, 2007.
This paper discusses and compares the legal systems of the U.S. and of China.
1,700 words (approx. 6.8 pages), 10 sources, MLA, $ 55.95
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Abstract
In this article, the writer discusses that the U.S. criminal justice system is framed after the ideal of justice for all and equal protection for all through a common civil law, interpreted by its courts. On the other hand, the writer notes that codified laws and statutes established by the legislature have guided China's criminal justice system. The writer discusses that the cultural differences between the U.S. and China are seen to be simplified and bridged by modern information technology, and many observe concrete progress in the replacement of the rule of men with the rule of law. The writer concludes that some still believe that Mao Zedong is the greatest revolutionary, that Abraham Lincoln was a dictator who destroyed the ideals of the colonists and that the American criminal justice system has now become one of the most corrupt in the world.
Table of Contents:
Abstract
Introduction
Review of Literature
Method
Findings and Conclusion
From the Paper
"Sachs writes that despite America's overall wealth as a nation, its people now live in a society of great and indescribable fear of their legal system, their lawyers and the prison system, the loss of health care in a system with no health plan and losing their jobs. He says that Americans are afraid of questioning the system and become gullible victims to propaganda. The issue on terrorism has so engaged them that their attention has been swayed out of their own society's ills. Sachs believes that they have projected their fear into foreign terrorists and ignored the increasing corruption and repression in their legal system. Lawyers, judges and courts trample upon the freedom Americans thought they had. He warns travelers and those wanting to visit or work in America to reconsider the risks of being in a country with one of the most crooked legal systems in the world."
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"A Civil Action", 2007.
A discussion of the critically acclaimed novel by Jonathan Harr, "A Civil Action."
1,160 words (approx. 4.6 pages), 3 sources, MLA, $ 39.95
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Abstract
The paper explains how pollution in the water of Woburn, Massachusetts in 1966 and its subsequent alleged deaths was attributed to the actions of corporations. Jonathan Harr explored the trial; the detailed legal wrangling, the lives that were affected and lost and the verdict and its aftermath. The paper discusses three main reasons why Harr's novel leaves a favorable impression of the civil trial system and addresses the critical question of whether or not justice was served in the case itself. The paper offers insights into Harr's thinking before, during and after the trial and presents an analysis of the actual trial documents that were prepared by the attorneys for the plaintiffs. The paper is of the opinion that in "A Civil Action," Jonathan Harr weaves skillful authorship with all of the power and emotion of the legal system.
Outline:
Three Main Reasons Why "A Civil Action" Leaves a Favorable Impression of the Civil Trial System of Justice
Was Justice Done in the Woburn Case?
Closing Thoughts
From the Paper
"In 1966, a priest who recently moved to the small town of Woburn, Massachusetts, noticed that the drinking water in his adopted hometown was bad- foul smelling, brown in color, and undrinkable. While this was viewed by most people up to this time as nothing more than inconvenience, it became something more when people, particularly the children of the town, began to be stricken with Leukemia in ever-increasing numbers. Ultimately, the cause of the pollution in the water and its subsequent alleged damaging affects was attributed to the actions of corporations W. R. Grace and Beatrice Foods that were industrial presences in Woburn, and had poisoned the town's drinking water with chemical runoff, resulting in huge lawsuits being filed against these corporations(Harr, 1995)."
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Policies of Sentencing, 2007.
An analysis of the changing nature of criminal sentencing guidelines.
957 words (approx. 3.8 pages), 4 sources, MLA, $ 33.95
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Abstract
This paper introduces, discusses and analyzes the topic of criminal justice. Specifically it discusses why criminal sentencing guidelines are set up the way that they are. It looks at the history of sentencing and discusses some of the controversial aspects of sentencing policies. It then looks at ways that policies on sentencing could be improved.
From the Paper
"However, there are exceptions to sentencing guidelines in modern criminal sentencing, and that is one aspect of sentencing that brings forth many critics. The most controversial aspect of sentencing are mandatory guidelines for specific crimes, and many people feel these mandatory sentences simply do not work. Often the sentences are too long in these cases, or the history of the criminal and the facts of the crime are not brought into being. In short, there are exceptions to all rules, specially these (Bowman, 2003, p. B05). This is evident in statistics since 1970. During that time, the prison population has more than quadrupled, indicating a harder line, mandatory approach to many criminals in the sentencing process (Reitz, 2000, p. 541). Rehabilitation has become far less desirable, while alternative forms of punishment, such as house arrest and community service have been investigated as punishment for some "white-collar" crimes."
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The Supreme Court And Civil Rights, 2007.
An examination of civil rights cases in the Supreme Court, in the post-Reconstruction period.
2,301 words (approx. 9.2 pages), 15 sources, MLA, $ 71.95
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Abstract
The writer argues that one of the major reasons why African-Americans failed to achieve equality in the United States, following the Civil War, is due to the decisions of the Supreme Court of the United States. The writer proposes that this makes it necessary to examine the records of this branch of the American government in order to determine how these decisions impacted African-Americans after the Civil War. The paper analyzes five important Supreme Court cases adjudicated following the war, which made equality in the United States impossible for African-Americans. The paper concludes that these decisions of the Supreme Court undermined the ability of African-Americans to obtain equality under the law and had a very detrimental effect on this brave and often dangerous quest to gain equality in America during the days of the post-Reconstruction Era.
From the Paper
"One of the first major Supreme Court cases considered after the Civil War was the Slaughterhouse cases, brought before the Court by the butchers of New Orleans in response to a law passed in 1869 by the legislature of the State of Louisiana which allowed the incorporation of the Live Stock and Slaughterhouse Company in New Orleans and granted them exclusive rights to slaughter livestock within the city, effectively granting them a monopoly. Thus, the butchers had no choice but to seek redress through the courts via a lawsuit which argued that the new law violated their fourteenth Amendment right to due process."
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Internet Pop-Ups, 2007.
An in-depth analysis of the legality, morality and social responsibility of Internet pop-up ads.
3,233 words (approx. 12.9 pages), 7 sources, MLA, $ 93.95
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Abstract
The paper examines jurisdictional, practical, constitutional and enforcement issues with regards to the phenomenon of pop-up ads on the Internet. The paper also looks at issues governing legal responsibility and issues governing damage. The paper explains that many issues revolve around rights of property, tangible and intangible, freedom of speech and expression and contract law. The paper explores if and how the law can or should be modified to cover these issues. The paper looks at ethical issues and social responsibility. The paper concludes that currently, the law is inadequate as new definitions are needed. The paper is of the opinion that consumers should boycott companies who use pop-up marketing.
Outline:
Introduction
Section II: Legal Issues Defined
Section III: Ethical Issues:
Section IV: Social Responsibility
Section V: Conclusions
From the Paper
"The creation of the Internet issued in a whole new set of legal problems, from the problem of defining property and boundaries to issues of fair use and copyright. There were problems which nobody ever anticipated, because "cyberspace" is not real, but the people at the terminals are, and real damage can be done to Internet users. Heretofore, laws have been tied mostly to tangible items of, at least, estimable tangible value. When there was difficulty placing an absolute value, juries have been empowered to make a decision for the sake of awards. The Internet has brought with it a whole array of issues which are tied to laws which do not apply, or to definitions which do not apply."
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Nurse-Staffing Law, 2007.
A discussion on the pros and cons of a new nurse-staffing law.
1,866 words (approx. 7.5 pages), 7 sources, MLA, $ 59.95
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Abstract
This paper focuses on the effects of the new nurse-staffing law passed in California. It examines the advantages and disadvantages of the enactment of the law. The author also reviews the impact that the staffing laws are having on the future of nursing care.
From the Paper
"They also had to make decisions as to whether their budgets could afford this and whether certain amount of beds or possibly even whole wards would need to be shut down, at least for the time being. This could hurt patients needing medical treatment, but in general would likely improve the care that they received and the waiting times that they were forced to endure, simply because there would be more people available to deal with them. By reducing the flexibility of nurse staffing, however, many of those that operate hospitals in the state of California believe that the amount of patients that they will be able to see will actually decrease. This will obviously be a problem for those needing medical care in that state (Benson, 1999; Leighty, 2004)."
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Copyright Infringement, 2007.
This paper researches the effects of technology on copyright infringement.
3,694 words (approx. 14.8 pages), 15 sources, MLA, $ 102.95
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Abstract
The paper discusses how the problem of unauthorized copying and sharing is widespread. The paper reviews the studies carried out on the extent of software piracy, plagiarism and losses suffered by owners of copyrights due to illegal peer-to-peer sharing of music, videos and video games. The paper maintains that software piracy requires action from both software producers and software users. Software needs to be intelligently priced to meet the buying power of potential users. The paper suggests that plagiarism among students in completing their school or college assignment can be minimized by teaching ethics and also by making the plagiarism counter freely available via the Internet.
Outline:
Abstract
Introduction
Scope of this Review Paper
Software Piracy
Plagiarism
Peer to Peer Sharing
Conclusions
Suggestions for Further Work
From the Paper
"Plagiarism is not a new problem. Works of literary masters, copies of famous work of art have always been blatantly copied by unscrupulous people since time immemorial. Worldwide access to intellectual property gave the plagiarists a field day. It became possible to steal ideas, copy intellectual work, complete school assignments without much effort. Technology has developed to identify if a work has been plagiarized but this does not compensate the intellectual property owner."
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