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Special Education and American Laws, 2005.
A discussion of how American law has impacted the availability of special education.
2,925 words (approx. 11.7 pages), 5 sources, $ 115.95
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Abstract
The paper describes how laws affecting education today have an extensive impact on both children's learning and on educators' methods of instruction. The paper examines how, historically, education was considered a luxury for the wealthy and did not include those of color, the poor, or those with disabilities. The writer explains that there was a societal contention that these individuals did not need to receive an education because there was no indication that they could ever further themselves.
From the Paper
"Laws affecting education today have an extensive impact on both the learning of children and the way in which educators practice their methods of instruction. Previous to the modern age education was considered a luxury for the wealthy, and did not include those of color, the poor, or those with disabilities. It is clear that in previous periods of history, therefore, there was a societal contention that these individuals did not need to receive an education because there was no supposed indication that they could ever further themselves past the lives that they had been born into."
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American Law, 2002.
Examines the gulf that exists between the "law on the books" and the "law in action" in the American legal system.
5,313 words (approx. 21.3 pages), 5 sources, MLA, $ 131.95
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Abstract
In theory, many regard the American legal system as the best in the world. In practice, a wide gulf exists between the "law on the books" and the "law in action." This paper explores that gulf by examining the case of Freeman vs. MediCal. This paper shows how the philosophy of the law influenced the resolution of the dispute and how Freeman?s attorney, Joseph Byrd, used the laws on the books and the adversarial process to achieve his client?s goals.
From the Paper
"Thus, MediCal stood accused of violating federal and state law, and stood little chance of succeeding in court. Faced with the facts as presented here, and weighing other factors (discussed later), MediCal settled the case. The agreement between the agency and Freeman guaranteed round-the-clock care for David by a registered nurse, to be paid for by the state. The state also paid David an undisclosed sum, certainly less than he probably could have won at trial. However, he never sought money and certainly did not want a trial (he simply wanted to go home). The amount probably did not compensate for all that he suffered, including emotional damage and the risks of serious respiratory illness he faced while stuck in intensive care for two months."
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Psychoactive Drugs and American Law, 2006.
An analysis of four psychoactive drugs and drug families that are commonly used and abused in America: nicotine, marijuana, anabolic steroids and alcohol.
1,399 words (approx. 5.6 pages), 5 sources, MLA, $ 46.95
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Abstract
The paper reviews the American legislation that "controls" certain substances. The paper examines smoking laws and tobacco usage to determine the American use / abuse of nicotine. It also contrasts that with the greater illegality of marijuana, and compares that to sports drugs such as anabolic steroids. Finally, the paper reviews the history of alcohol legislation and abuse. In conclusion, the writer feels that nicotine and alcohol should be treated more as health hazards, in line with the legislative treatment accorded marijuana and metabolic steroids. Table of Contents: Legislation Affecting Drugs in the United States; Nicotine; Marijuana; Anabolic Steroids; Liquor; Bibliography
From the Paper
"Scheduling occurs according to certain criteria that are applied to drugs according to their medicinal value, harmfulness, and potential abuse or addiction to the drug. There are five schedules, of which Schedule I is assigned to the most dangerous drugs with the least medicinal value, with Schedule II-V being applied to drugs with decreasing danger and increasing medicinal value. Schedule V would then include the least dangerous of the drugs."
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Reconciling American Law and Native-American Culture, 2001.
A look at the treatment of Native American's rights under the U.S. constitutional law.
2,295 words (approx. 9.2 pages), 11 sources, $ 70.95
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Abstract
This paper discusses treatment of Native Americans? rights to their sacred sites under US Constitutional law. Three law journal articles are reviewed and utilized to form a thesis promoting the concept of communal religious rights. Historical background is provided also.
From the Paper
"The first clause of the First Amendment to the Constitution of the United States of America states: ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.?[1] However, throughout U.S. history, the federal government has deliberately restricted and prohibited the religious practices of North America?s indigenous Native Americans. Rather than confront this severe blight on the country?s human rights record, the various branches of the Euro-cultured U.S. government gloss over past transgressions of First Amendment rights, even as they attempt to justify new violations of Native Americans? religious rights."
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American and Australian Corporate Law, 2005.
This paper discusses standard of conduct, standard of review and duty of care in American and Australian corporate law by illustrating several cases.
3,695 words (approx. 14.8 pages), 13 sources, MLA, $ 102.95
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Abstract
This paper explains that, in most areas of law, standards of conduct and standards of review tend to be confused with each other: A standard of conduct enunciates the way in which an actor should play a role, act in his position or even conduct his functions; whereas a standard of review states the test that a court should apply when it reviews an actor's conduct so as to determine whether to impose liability, grant injunctive relief or determine the validity of his actions. The author points out that historically, the two major areas of American corporate law that involved standards of conduct and review have been the duty of care and the duty of loyalty. The paper relates that a typical corporation statute in American or Australia defining a corporate director's duty of care provides that a director's duties must be performed with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
Table of Contents
Standard of Conduct and Standard of Review in Corporate Law
The Duty of Care in American and Australian Corporations
From the Paper
"In the landmark case of Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985), the the Delaware Supreme Court decided that directors who approved a merger transaction were simply not entitled to the presumptions of the business judgment rule where they spent a very negligible time considering the transaction, had no meaningful financial advice or analysis in doing so, completely allowed the negotiation process to be controlled by one of the company's executives, and did not even have the merger agreement before them when they approved it. Under these extenuating circumstances, the Supreme Court concluded that the directors breached their duty of care and could be held personally liable for the breach."
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Zipf's Law and Benford's Law, 2007.
An analysis of the mathematical significance and applications of Zipf's Law and Benford's Law.
1,279 words (approx. 5.1 pages), 4 sources, MLA, $ 43.95
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Abstract
This paper addresses both Zipf's Law and Benford's Law. It describes the theories of each law in detail and discusses how they can be applied to various situations. It describes Zipf's Law as not a theoretical law, but rather an experimental law. The paper then discusses the significance of these two laws to the field of mathematics.
From the Paper
"However, there is some lack of precision where this is concerned. Most items have to occur a number of times that is actually an integer (Li, n.d.). In other words, a word that is seen within a document cannot appear in that document 2.5 number of times. It either must appear, in this example, 2 times or three times, since there cannot be an area of the document where only 1/2 of the word appears. Despite the fact that there is some variation and lack of precision, however, when wide ranges are examined and one only desires to have a relatively close approximation, many of the natural phenomena that are seen in this world do obey Zipf's law (Li, n.d.). This is seen to hold true as long as the individual examining the issue is not looking for scientific precision and will accept the slight variation that is seen."
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American Law and Jewish Law, 2003.
Discusses the similarities and differences between American law and Jewish law (the Halakha).
2,300 words (approx. 9.2 pages), 10 sources, APA, $ 79.95
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Abstract
This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper
"In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
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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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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, $ 33.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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Competency to Stand Trial in American Law and New York Law, 2000.
A brief look at the notion of competency or fitness to stand trial, as the notion has been shaped and changed since the 1960s.
2,235 words (approx. 8.9 pages), 14 sources, $ 69.95
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From the Paper
"The history of the doctrine of competency to stand trial arose in English common law out of a concern for fairness in the trial of accused persons who, if found guilty of criminal charges, would suffer deprivations of liberty and other penalties. One of the earliest United States Supreme Court cases (Dusky v. United States,1960) determined that a defendant's competency to stand trial depended on "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and "whether he has a rational as well as factual understanding of the proceedings against him"."
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Native American Religion Of Peyotism, 2002.
Discusses conflicts between religious practitioners of Peyotism and American laws and society.
2,025 words (approx. 8.1 pages), 6 sources, $ 71.95
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Abstract
Discusses conflicts between religioius practitioners of Peyotism and American laws and society. First Amendment protection vs. traditional use of psychedelic drug (peyote/mescal). History of Peyotism; its rites & ceremonies. Its religious significance. Its social & cultural characteristics. The Ghost Dance. Sense of identity. Actions of the Bureau of Indian Affairs (BIA) & traditional Christian missionaries. Current legal status of the religion of Peyotism.
From the Paper
"Peyotism is the largest religion started, organized, and directed by and for Native Americans and gets its title from the fact that members of the religion use the peyote -- sometimes referred to as mescal -- in their ceremonies, a point that has caused fascinating legal challenges between those supporting the First Amendment protection of freedom of religious practice in the United States and those who wish to prohibit the use of hallucinogenic drugs for what they see as recreational (or at least on-medicinal) purposes. Peyotism has also brought the Native Americans into conflict with mainstream society, and one might speculate that part of the reason that the followers of peyotism have been so adamant in their insistence on using it is the Indians' wish to wrest some control of ceremony and cultural identity back from the society that tried so hard for so many years ..."
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Racial Tension in American Immigration Policy, 2002.
An overview of the history of American immigration law policy and the discrimination of Chinese and Japanese Americans.
1,650 words (approx. 6.6 pages), 5 sources, $ 62.95
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Abstract
This paper will study the affects of the Chinese Exclusion Act of 1882, the Alien Law of 1913, and the Immigration Act of 1924, to better understand what they meant in the times they were created. By realizing this, we can argue for the stance of Chinese and Japanese Americans and the discrimination that was used against them in American history. Also, the affects of these laws that are present today can be seen in light of the past that created these racial circumstances.
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Nuremberg Laws vs. Jim Crow Laws, 2008.
A comparison of the practical differences between the Nuremberg Laws in Germany and the Jim Crow Laws in the United States and the racism upon which each of these legal systems was based.
8,467 words (approx. 33.9 pages), 46 sources, APA, $ 179.95
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Abstract
This paper compares and contrasts the Nuremberg Laws in Germany with the Jim Crow Laws in the United States. It discusses each of these areas of racial regulation in turn and then further examines the subtle distinctions and clear practical differences between the dangerous racism upon which each of these legal systems was based. The paper includes APA style footnotes but does not include a bibliography.
Table of Contents:
Introduction
Jim Crow Laws in the United States and Nuremberg Laws in Germany
The Protection of Ethnic Purity: Similarities in Jim Crow and Nuremberg Laws' Regulation of Interracial Relationships and Underlying Legislative Intent
The Protection of Ethnic Purity: Contrast within in the Nuremberg and Jim Crow Laws on Interracial Relationships
Segregation in Education: Further Parallels in the Jim Crow and Nuremberg Laws
Segregation in Education: Contrasting Aspects of the Jim Crow and Nuremberg Laws
The Deprivation of Civil Rights: Similar Laws and Practices Causing "Civil Death" of African-Americans in the United States and Jews in Nazi Germany
The Deprivation of Civil Rights: The Final Solution and the Purely Aryan State, and Further Examples of Where Nuremberg and Jim Crow Differ
Conclusion
From the Paper
"This huge disparity can be best explained by referring back to one of the most predominant differences in the purposes of the racially hierarchical systems in place in each country. The Jim Crow laws were passed because Southern state lawmakers were struggling to protect and preserve the white supremacy that they had always lived with, and prevent African-American advancement as a necessary part of this objective. Yet in Germany, the Nazi party's goal was always the total extermination of all undesirables, including Jews, and the legislative deprivation of citizenship was at least in some respects merely a means to that end. Finally, to go along with this fundamental difference, there is one last similarity between the racial laws of these countries: the painful memories of both the Holocaust and the Jim Crow era, and all of the violations of rights, liberties and freedoms that comprised both of these experiences, are certainly still fresh in the recollection of all nations involved, and are still highly prominent historical issues today even as those who lived through these events are increasingly no longer with us."
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Action versus Thought, 2004.
An analysis of action versus thought in modern American law.
1,068 words (approx. 4.3 pages), 3 sources, MLA, $ 37.95
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Abstract
This paper discusses the option of penalizing criminal thought. The paper explains the fundamental concept in modern American law of the distinction between mere criminal thought and actual criminal conduct. The paper contends that, whereas criminal thoughts alone are usually not punishable as crimes, modern American law does generally authorize public safety authorities, law enforcement, and mental health agencies to confine citizens against their will anytime mere thoughts meet certain statutory criteria and are considered to represent a legitimate threat of harm to themselves or to the general public.
From the Paper
"Even after criminal convictions for actual criminal conduct, elements of criminal punishment still require a ?guilty mind,? and sentencing guidelines recognizing varying degrees of malice, even for the same specific act. Typically, criminal statutes distinguish between criminal conduct in several different degrees, such as first or second degree murder, based largely on the specific state of mind, or specific intent of the criminal. In many instances, criminal conduct is punishable by life in prison, or even by the death penalty, such as in the case of first degree murder, which requires a guilty mind, or malice (Taylor, 1982). Conversely, even deadly conduct, is, in certain circumstance, prosecuted and punished much more leniently, such as in the case of second degree murder, involuntary manslaughter, and negligent homicide."
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Local Law Enforcement of Immigration Laws, 2006.
A discussion regarding the controversial topic of illegal immigration.
1,228 words (approx. 4.9 pages), 6 sources, MLA, $ 41.95
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Abstract
This paper takes a look at the problem of illegal immigration into the USA. According to the paper, recent attempts to address the issue through local enforcement may have unsuspecting consequences and a negative impact on the Latino communities.
From the Paper
"According to critics, the Immigration Reform and Control Act of 1986 led to the legalization of vast numbers of undocumented immigrants as a means of reducing unsanctioned immigration, however its main effect was to reinforce and expand established cross-border migration networks and create a thriving business in fraudulent documents (Nevins). These unintended consequences laid the foundation for the anti-immigration backlash that eventually emerged during the 1990's, partially due to political and bureaucratic entrepreneurs who sparked public sentiment by focusing on the border as both the source of the problem and the site of policy solution (Nevins). Others argue that the backlash was not merely against illegal immigrants, but was rather directed against immigrants in general, particularly "the nonwhite, non-English speaking, and the relatively poor" (Nevins). These concerns resulted in a declaration of "war" against unauthorized immigrants which led to a short-term shift in INS (Immigration and Naturalization Service) policing tactics along the Mexico-U.S. border and to the massive infusion of enforcement-related resources, such as California's Operation Gatekeeper (Nevins). "
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