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Alien Tort Statute, 1991.
This paper explains the expansion of statutes of the Alien Tort Statute to cover international law violations related to torture and disappearances: Case studies, application of restraints, diplomatic immunity and jurisdiction.
2,250 words (approx. 9.0 pages), 8 sources, $ 79.95
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From the Paper
"For nearly 200 years after the Alien Tort Statute was enacted in 1789, alien plaintiffs rarely implemented the Statute to acquire jurisdiction to bring an action based on international tort theory before the federal district courts. In the last 10 years, however, the Alien Tort Statute has been expanded to specifically encompass acts of torture and "causing disappearance" as violations of international law, while it has been construed narrowly within the constraints of the act of state doctrine, forum non conveniens, and the Foreign Sovereign Immunities Act.
The Alien Tort Statute provided that aliens were allowed to sue on a tort cause of action, arising solely from violation of the law of nations or a treaty of the United States. This jurisdictional grant was codified in 1982 at 28 U.S.C. ?1350 and ... "
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Alien Tort Claim Act, 2008.
This paper discusses the United States Alien Tort Claim Act that is considered to be one of the most innovative pieces of legislation in the area of human rights protection.
3,017 words (approx. 12.1 pages), 16 sources, MLA, $ 88.95
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Abstract
In this article, the writer notes that in order to have a proper view on the importance of the Alien Tort Claim Act, a closer analysis must be taken into consideration. In this sense, the writer points out that the history of the Act in itself may point to the actual necessity for the drafting of the legislation. Also, the writer looks at points which might shed light on the usefulness of the Act as well as on the philosophical discussion on the relationship between civil and political rights and the economic, social, and cultural ones. The writer discusses that the Alien Tort Claim Act takes into consideration the violations of human rights made by multinational companies or different agencies around the world.
From the Paper
"Speaking in general terms, it is rather hard to determine the extent to which a non binding type of protection is more efficient than a binding one. A possible combination of the two systems of protection can be said to benefit more than an actual separation or differentiation because the protection considered by multinational companies or national legislation on the other hand appears to be more efficient due to the fact that their goals are limited but also their resources, financial and legal, are stronger.
"The UN protection system has been set in place in order to give general guidelines on the proper practices that should be followed to insure a minimum standard of human rights protection. The UN Charter, along with subsequent documents that came to underline particular aspects of the document are relevant for pointing out the minimum requirements any system, political or corporate, must meet."
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The Brownfields Statute Law Amendment Act, 2005.
An explanation of the Brownfields Statute Law Amendment Act in Ontario, Canada.
1,644 words (approx. 6.6 pages), 6 sources, MLA, $ 53.95
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Abstract
This paper discusses the Brownfields Statute Law Amendment Act which relates to lands in Ontario that have been used in the past for industrial or commercial activity. The author explains the goals and benefits that could be realized from such legislation.
From the Paper
"Brownfields are lands on which industrial or commercial activity took place in the past and that may need to be cleaned up before it can be redeveloped. As a result of this, Ontario passed legislation and regulations to aid in this transition. The Brownfields Statute Law Amendment Act was brought around in 2001 and focused on a variety of issues that concerned the cleanup and betterment of the environment . Things such as environmental liability, planning and financing are important factors that strengthen the resolve to redevelop contaminated areas."
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The Statute of Frauds, 2005.
A look at the basic premise of the Statute of Frauds.
4,339 words (approx. 17.4 pages), 6 sources, MLA, $ 114.95
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Abstract
This paper presents a general definition of the Statute of Frauds and describes what it covers, its history, examples of how it has been applied, and how it has evolved over time.
From the Paper
"The Statute of Frauds is a catch-all phrase that sums up the idea that some contracts must be in writing in order to be enforceable. Although the technical requirements of the Statute of Frauds vary by jurisdiction, the basic premise of the Statute of Frauds is that certain contracts are unenforceable unless they are in writing. Among those contracts are: those for the sale of goods worth more than $500; promises by an executor to answer for the debt of a decedent; suretyship contracts; promises made in consideration of marriage; contracts for the sale of land; and certain landlord-tenant contracts."
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Colorado's Rape Shield Statute, 2004.
Discussion of the constitutionality of Colorado's rape shield legislation, including the challenge to the statute by Kobe Bryant's legal defense team.
1,524 words (approx. 6.1 pages), 9 sources, APA, $ 50.95
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Abstract
This essay provides a thorough discussion of the history of Colorado's rape shield legislation, as well as related federal rules of evidence, and how it has held up to multiple challenges throughout the years. The paper also includes references to case law that has played a substantial role in maintaining this very important piece of legislation. Lastly, the paper describes the legal battle that ensued when Kobe Bryant's attorneys attempted to challenge the constitutionality of the statute and, ultimately, lost.
From the Paper
"Most Americans acknowledge the shame and embarrassment felt by rape victims who must testify against their accusers in court. It is already known that a substantial majority of rape cases go unreported in America each year, presumably due to the risk of humiliation of sexual assault victims. Nearly every state in the country, under pressure from feminist groups, attorneys, and legislators, has enacted rape shield legislation to ease the emotional suffering of rape victims and encourage more victims to come forward in the absence of having their sexual past exposed."
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Massachusetts? Child Abuse Reporting Statute, 2002.
An analysis of the child abuse reporting statute of the state of Massachusetts.
1,305 words (approx. 5.2 pages), 0 sources, $ 44.95
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Abstract
This paper examines the Massachusetts? state law that requires mandatory reporting of reasonable suspicions of child abuse for certain persons in positions of authority over children. The paper describes that no longer can teachers rationalize that problems of abuse must be dealt with within the home or by the child alone and teachers must now report such signs or be subject to criminal and monetary sanctions. The author writes that the law provides that those who watch our nation?s children while they are outside of their parents? home must tell the government if abuse is occurring inside or outside the home.
From the Paper
"The management of the law will prove very difficult. Incidents of child abuse are inherently private and perceptions of such incidents are subjective. Whether such incidents actually occurred would be anyone?s guess. In fact, even if a teacher or administrator actually witnessed such child abuse acts (obviously, actually witnessing an act of abuse ? as opposed to just suspecting abuse -- would be rare) and failed to report them, probably 99% of the time, no one would ever know."
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The Oregon Death With Dignity Statute, 2007.
An analysis of social work policy, focusing on legal euthanasia.
895 words (approx. 3.6 pages), 2 sources, MLA, $ 31.95
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Abstract
The paper examines the Oregon Death with Dignity statute. The paper discusses who the statute is likely to affect, and who the players are that have a vested interest. The paper further examines the ethics involved in doctor-assisted suicides. The paper explores the role that medical insurance companies play in supporting the statute. The paper concludes that the power of the statue should be in the hands of the public, not the physicians.
From the Paper
"The short term effect of the statute is that federal resources previously used to care for the elderly and terminally ill will be freed up to be allocated toward other uses. Since the statute effects the population in question, the public will not take any action to change the mindset of these ill individuals. Rather, their "right-to-die" will be supported. The long term effect of the statute is that no physician will be charged with manslaughter for facilitating an assisted suicide, or prosecuted under drug laws. More importantly, doctors will once again be in control of making all of the health care decisions. Those that probably do not really want to die will assess their current situation, and assume that the government is most likely right in its reach."
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Case Law and Statute Law, 2005.
A theoretical comparison of these two sources of English law.
834 words (approx. 3.3 pages), 2 sources, MLA, $ 29.95
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Abstract
This paper attempts to define the differences between England's common and statute laws. It looks at how the laws are formed as well as their fundamental purpose. It examines how statute is interpreted and acted upon by the courts and how it follows that precedents are formed as new cases arise. It also demonstrates how over time, statute will become part of common law as judges follow previous decisions in new cases where applicable.
From the Paper
"For political bills or proposals to become statute, that is to become Acts of Parliament, they must first be debated in the House of Commons (this is made up of elected representatives of the wider public, Members of Parliament or MPs). However, this is just the start if the process: the proposed legislation must then be accepted by MPs by way of a successful vote and further ratified by acceptance in the House of Lords. The House of Lords is the supreme court in Britain and may refuse to pass the law; but a bill can be forced through using the Parliament Act if such action is deemed necessary for Parliament to fulfil its obligation to make laws in the best interests of the nation. "
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Statute and Case Law Relationship, 2007.
An analysis of case laws that protect the rights of employers and employees.
1,855 words (approx. 7.4 pages), 5 sources, MLA, $ 59.95
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Abstract
This paper addresses the statutes and case laws that protect the rights of employers and employees. It includes the responsibilities of the employer to ensure equality for people of all races, religions, genders, ages and disabilities. The paper also sites examples of statutes and case laws that examine both employer and employee rights and examines the relationship between the cases and statutes in the employment environment.
Table of Contents:
Abstract
Statute and Case Law Relationship
Racial Discrimination
Religious Discrimination
Gender Discrimination
Disability Discrimination
Conclusion
From the Paper
"Understanding the rights of employers and employees is critical to the success of any organization. Employers have a responsibility to ensure equality for people of all races, religions, genders, ages, and/or disabilities and should not tolerate discrimination in these areas. Examples of statutes and case laws that examine both employer and employee rights are available to examine the relationship between the cases and statutes with the employment environment."
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Statute and Case Law, 2004.
This paper is a law study of Title VII.
1,130 words (approx. 4.5 pages), 8 sources, APA, $ 39.95
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Abstract
In this article, the writer examines Title VII of the Civil Rights Act. The writer explains that Title VII prohibits employment discrimination based on race, sex, color, religion and national origin. Further, the writer discusses the relevant aspects of the Act.
From the Paper
"Martin Jenkins in Chain Store Age explains that The Civil Rights Act prohibits discrimination in a broad array of private conduct including public accommodations governmental services and education. Title VII of the Act prohibits employment discrimination based on race sex color religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment. An employer can be found liable for retaliating against an employee who ... "
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Massachusetts? Clergy Mandated Child Abuse Reporting Statute, 2002.
A discussion on the new law passed in Massachusetts which forces clergymen to report suspected incidents of child abuse.
1,006 words (approx. 4.0 pages), 5 sources, APA, $ 35.95
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Abstract
The paper shows that in the wake of the much-publicized debacle involving numerous male child molestation cases within the Catholic Church, the vast majority of which were allegedly ?covered up? by the leaders of the Catholic Church, Massachusetts passed a new law. It explains that clergy members, as well as paid religious educators and other individuals specified under the law, must report incidents of child abuse, including child sexual abuse. This essay addresses whether the Massachusetts state government and the churches at issue will be able to feasibly manage and enforce the new law.
From the Paper
"Fifth, clergy are exempted from the reporting requirements if knowledge of a child abuse incident is solely obtained during a confession or other confidential communication. This exemption for ?confidential communications? will also prove problematic. The law gives little guidance as to what is considered a confidential communication. We can quite easily imagine a scenario in which almost every communication or action within a church setting is deemed by the church clergy as ?confidential?, and therefore, exempt from the reporting law."
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Statute Analysis and History, 2005.
Describes the process of analyzing a specific law's history and consequent changes over time.
908 words (approx. 3.6 pages), 3 sources, APA, $ 32.95
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Abstract
In order to understand how to apply a law in a particular case, the attorney must research the history of the laws that apply and how they have changed over time to become their present form. One must also research past cases where the law has been used to understand how the law might be interpreted by various judges that have ruled on it. The paper shows that the process for discovering the relevant information pertaining to a law has no set methodology. No massive source exists that contains all of the needed information on a law. The paper analyzes the process for discovering the history and changes that have occurred so that it can be properly applied to the case.
From the Paper
"The first three phases of research involve locating primary sources of research. After these sources are exhausted one can then turn their attention to secondary sources such as those published by trade associations, law journals, books and individual corporate policies (Brandeis University, 2003). However, these sources should be a last resort and cannot be used to clarify the language of the law. They may spark some interesting fuel for argument. One may find that some of these professional associations have testified in the Congressional record. Newspapers and professional publications may offer some assistance in compiling this information."
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Modern Tort Law, 2006.
An in-depth look at whether there is a need to reform tort law in the U.S. and whether such an undertaking is feasible or necessary.
4,194 words (approx. 16.8 pages), 11 sources, MLA, $ 111.95
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Abstract
In an attempt to determine whether a need exists in the U.S. to reform tort law, this paper first takes a brief look at the history of U.S. tort law and how it has evolved and changed over time. The paper then explains what the purpose of tort law is and looks at whether tort law has a practical application in today's society. The paper points out that there is very little reference to personal responsibility in tort law and suggests that, were the courts and the law to make personal responsibility a greater part of the legal proceedings concerning injured parties, there would, in fact, be no need for tort law.
From the Paper
"Over the past several years, the body of laws governing compensation for personal injury and property damage have been substantially reconsidered as flawed and outdated. In the course of what many have advocated in the name of "tort reform," more than half of the U.S. states have revised, or attempted to revise, one or more aspects of tort liability and/or damage principles to a greater or lesser degree. Tort law is, of course, constantly evolving; every day in courts across the country, judges ? and indirectly, attorneys and jurors ? are making and (re)shaping the law. Despite efforts for reform, one still cannot overlook the nature of modern torts and fail to see shades of American common law, as they were also a part of the preceding English common law."
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Torts, 2002.
A comparison of aerial and maritime torts.
2,600 words (approx. 10.4 pages), 25 sources, MLA, $ 78.95
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Abstract
This paper looks at how maritime torts and aerial torts play a slightly different role in the choice of law rules, when compared to other types of torts committed. This is mainly due to the nature of the tort and the extent of how far international law has slowly developed in relation to such issues as to maritime and aerial torts.
From the Paper
"The fundamental question that the forum court must determine is when the elements of a tort cross jurisdictional boundaries, whether or not the tort has occurred within its jurisdiction. In essence the first requirement for any court, invited to exercise jurisdiction and power over parties, is to establish (at least where there is a contest or doubt) that according to its own law it has jurisdiction and power over the matter before it. If not, it must decide what law or laws to apply in determining liability."
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Alienation Literature, 2005.
This paper compares the theme of alienation from society by three novelists: Ernest Hemingway in "The Sun Also Rises", F. Scott Fitzgerald in "The Great Gatsby" and Willa Cather in "The Professor's House".
845 words (approx. 3.4 pages), 0 sources, $ 30.95
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Abstract
This paper explains that in these novels the differences in their alienation and the effects, which this alienation has on their actions, relationships and lives overall, causes the reader to view them as isolated and often unhappy characters. The author points out that Jake Barnes in Ernest Hemingway's "The Sun Also Rises" is alienated from people and from a society, which he regards as inauthentic; whereas, Nick Carroway in F. Scott Fitzgerald's "The Great Gatsby" is alienated from the rich by how they live their lives and acquire their money. The paper relates that Godfrey St. Peter in Willa Cather's "The Professor's House" is alienated from his present life by an overwhelming and enveloping memory from his distant past.
From the Paper
"F. Scott Fitzgerald's "The Great Gatsby" tells of a much different, and ultimately more lethal for many of its characters, kind of alienation, springing, this time, from a combination of pursuit of wealth for its own sake, and a seedy, decadent and essentially meaningless lifestyle, as exemplified by that of the title character, jay Gatsby himself. We see, through the eyes of an increasingly alienated narrator, Nick Carroway, the ways and lifestyle of the mysterious, nouveau riche Jay Gatsby, who has earned his wealth dishonorably, through bootlegging and various other criminal activities."
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