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Gun Control-Common Sense or Violation of Constitutional Rights?, 2005.
Explores the argument for and against gun control within the context of Constitutional rights and legal precedent.
730 words (approx. 2.9 pages), 4 sources, MLA, $ 26.95
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Abstract
Gun control is a hotly debated topic, with compelling arguments for and against it. Made more complex by the question of Constitutional rights, this issue is analyzed and discussed in the paper.
From the Paper
"From a Constitutional standpoint, legal scholars have stated that gun control legislation does not violate the rights of Americans because no portion of the Constitution was ever intended to facilitate the breaking of the law or the harm of others. Purists of the Bill of Rights counter that the Second Amendment provides absolute rights for the bearing of arms, and any law that restricts that is an effort to take away someone's rights. In this context, one can clearly see the paradoxical nature of this heated debate."
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Constitutional Rights, 2007.
A discussion regarding constitutional law and whether company e-mail is protected under the employee's right of privacy.
785 words (approx. 3.1 pages), 4 sources, MLA, $ 27.95
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Abstract
This paper reviews and discusses constitutional rights pertaining to an employee's right to privacy when using company e-mail for personal use. The paper takes a look at the example of "Asia Global Crossing, Ltd., et al.".
From the Paper
"However, this does not mean that all employee e-mails are protected; only if the company does not openly monitor employee email and inform employees they are being monitored, there is a reasonable expectation of confidentiality. For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company system constituted an invasion of their right of privacy in violation of both the California Constitution and common law. But the court found that plaintiffs lacked a reasonable, objective expectation of privacy that their sexual and explicit e-mails would be private, because the company had given them notice e-mail could be reviewed without their knowledge or consent."
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The Constitutional Rights of Juveniles, 2007.
An analysis of three cases in the United States Supreme Court that had implications for the rights of juveniles.
1,721 words (approx. 6.9 pages), 7 sources, MLA, $ 55.95
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Abstract
This paper begins with a brief introduction of the extent of juvenile delinquency in America. From there, it explores some of the most influential decisions directed towards juveniles, particularly regarding juvenile rights, by the Supreme Court of the United States. The paper discusses the cases of "In re Gault," "In re Winship" and "Kent v. United States" and analyzes the outcomes of the cases.
Table of Contents:
Introduction
In re Gault
In re Winship
Kent v. United States
Conclusion
From the Paper
"Up until recently, America has seen a sharp decline in the crime rates of juveniles. Between 1994 and 2004, there was a 49% decline in juvenile arrests for violent crime index offenses (U.S. Department of Justice, 2006). In addition, between this time period, the Department of Justice noted an 8% decline in drug abuse violations among males; however, there was a 29% increase in female violations. It is also helpful to understand how many juveniles are engaged in delinquency; in 2000 for instance, The Uniform Crime Reports showed that there were 1,560,289 juveniles under 18 arrested, which encompassed a significant 32% of all arrests for that year (as cited in Bartollas)."
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Individual Rights and the Constitutional Convention, 2005.
A look at the origins of the philosophy of individual rights.
1,356 words (approx. 5.4 pages), 2 sources, APA, $ 45.95
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Abstract
This paper discusses the concept of individual rights and how this concept extends far back into early English history. The paper points out that, while the individual rights granted under the American Constitution have evolved and changed to include more than the original beliefs about individual rights, the authors of the Constitution were heavily influenced by early English and French philosophers and their ideas about rights and liberties.
From the Paper
"Although many individuals today might like to romanticize the origin of individual rights in America, suggesting that such rights began and ended with the passage of the current version of the United States Constitution that now governs the totality of the American land, the actual history of a private citizen?s individual rights in America and England is far more checkered and complex. America?s founding fathers owe a far greater debt to English and French philosophies of rights and liberties than were acknowledged at the time for the idea that the individual citizen possesses certain inalienable rights that cannot be impinged upon by the state. Also, the Articles of Confederation that were eventually passed contained the seeds of the later document that was to govern the land, even though it was too weak a document to provide the type of unity that the international politics of the time demanded to accord respect to the new American union and nation."
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Prisoners' Rights Vs. Public Safety, 2004.
This paper discusses the conflict between safeguarding a prisoner's constitutionally protected rights and the public's safety.
1,800 words (approx. 7.2 pages), 6 sources, APA, $ 63.95
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Abstract
The paper examines the conflict between safeguarding a prisoner's constitutionally protected rights and the state's authority to abridge those rights in order to protect its own interests and the interest of its citizens. The paper proposes recommendations to remedy this conflict.
From the Paper
"Defining and Maintaining the Balance. Introduction. Imprisonment as a punishment for crime is by its nature and intent a denial of rights and liberties that we as a society hold dear. If this were not so, we would not regard imprisonment as a punishment at all. At the same time, however, prisoners do not lose all their rights."
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Civil Rights Movement, 2005.
A look at how the civil rights movement changed the face of America and forced the nation to uphold the constitutional rights guaranteed to all citizens.
2,427 words (approx. 9.7 pages), 10 sources, MLA, $ 74.95
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Abstract
This paper discusses the civil rights movement, particularly with regard to achievements made by African-Americans during what is considered the peak of the civil rights era. Among the many aspects of the civil rights movement touched upon include its origins and some of its significant leaders. The movement itself is too far-reaching to cover in great detail; however, every effort is made to provide adequate reference to critical aspects of this momentous period in American history.
From the Paper
"During this time many strong leaders emerged that fought adamantly for the rights guaranteed all citizens under the constitution of the United States. There are many highlights of the civil rights movements, and many leaders that still resonate in the hearts of many, including Martin Luther King Jr., Rosa Parks and Malcolm X. The civil rights movement stands out as a turning point in American history where an underserved and underprivileged group of citizens decided to take a stand for their rights under the law. Though much of the civil rights campaign was non-violent in nature, particularly the protests led by Martin Luther King Jr., the civil rights movement also spurred some aggression, discontent and violence. However, despite this the end result of the campaign was the movement in this nation toward equality and peace for all."
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"Origins of the Bill of Rights", 2002.
Describing the essence of Leonard Williams Levy's "Origins of the Bill of Rights".
2,130 words (approx. 8.5 pages), 4 sources, MLA, $ 66.95
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Abstract
This paper dicusses the topic of this book, which is precisely as the title suggests, an investigation into the origin of each of the ten amendments that collectively constitute the Bill of Rights as well as (to a less extent) an examination of why the Bill of Rights as a whole was a necessary addition to the Constitution to ensure that it would be ratified. It shows how Levy is concerned to some extent with explaining what is usually called "original intent", with providing us some insight on what was going on in the mind of the Framers of the Constitution when they chose these particular rights to be enumerated and not others.
From the Paper
"Describing the exact nature of Leonard Williams Levy?s Origins of the Bill of Rights is not as simple as it seems, and this is in fact a measure of the strength of the book. We are so accustomed to dividing the world into clear categories ? popular fiction on one side, serious scholarship on another, pulp fiction over there in the corner ? that we are given pause when we come across a book that cannot be so easily categorized. Our first impulse may in fact be to decided that this means that there is something wrong with such a book, that the author has failed in his (in this case) attempt to produce a particular kind of text."
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The Defendant and the Bill of Rights, 2006.
The paper discusses the Bill of Rights document and shows how the amendments ensured that all citizens have their basic human rights according to the U.S. Constitution.
990 words (approx. 4.0 pages), 2 sources, MLA, $ 35.95
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Abstract
This paper shows by using the Fourth, Fifth, Sixth and Eighth Amendments to the Constitution that the Bill of Rights was necessary to the foundation of law in the United States. Without these, a person accused of a crime, whether federal or state, could face unfair or even dangerous prosecution and could be denied his/her basic human rights as described in the U.S. Constitution.
From the Paper
"When the Constitution of the United States was ratified by a majority of the states in 1789, it lacked what has come to be called the Bill of Rights, a very important document made up of amendments to the Constitution itself. For example, in the original Constitution, there existed no protection against the establishment of a national religion and did not guarantee that American citizens could speak freely, belong to any group they wished or publish magazines and books without the fear of being censored or banned by the federal government. But most importantly, the Constitution did not promise nor provide any protections for a citizen accused of a crime, nor did it specify that such a person would receive a fair and swift trial and if convicted receive just and humane punishment."
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A Bill of Rights in the Australian Legal System, 2002.
Closely examines whether or not Australia should adapt a Bill of Rights in their Constitution, looking at current protection of human rights in the legal system.
2,386 words (approx. 9.5 pages), 9 sources, APA, $ 73.95
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Abstract
This paper looks at the current ability of the Australian legal system in protection of human rights. It includes an examination of the Constitution, High Court, Implied Rights, Common Law, The HREOC (Human Rights and Equal Opportunity Commission), international law, and federal and state laws in Australia. The paper questions whether or not current protection is adequate, and whether a bill of rights is needed.
From the Paper
"Human rights refers to those rights described as "basic and essential to the existence of human beings". These include a range of rights such as the right to life, freedom and security of person; the right to free speech; the right to a fair trial. Pressure for a bill of rights in Australia has been considerable over the last 10 years due to increased awareness of existing laws and to their inability to protect human rights, uncertainty about the High Court and interpretations of implied rights, and embarrassing challenges to the existing Australian laws. The Australian legal system has to be examined closely in order to conclude whether human rights are adequately protected. There are many means of protection in the Australian legal system, yet the actual effectiveness has to be examined as to what extent "little protection" is offered. There are many arguments in favor of the introduction of a bill of rights, however, if this would actually be appropriate for Australia in protection of human rights, and if the need is warranted, needs to be looked at in greater detail."
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Affirmative Action and the United States Constitution, 2005.
An examination of the current issue of affirmative action and equal opportunity employment. Argues pros and cons of current legislation, how they may be violating constitutional rights and possible reforms.
800 words (approx. 3.2 pages), 4 sources, MLA, $ 28.95
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Abstract
This paper is mainly argumentative in nature, but also thoroughly analyzes the pros and cons of the issue, as well as compares and contrasts views of both sides. The main argument is that current laws regarding affirmative action in the workplace may be seen as unconstitutional. The paper touches on important related issues such as reverse discrimination and constitutionality of other related laws. It concludes with a variety of ways that law reforms could make these policies more Constitution friendly. The paper also includes a brief summary and history of the U.S. Constitution.
From the Paper
"So what exactly is unconstitutional about affirmative action? Some may argue that Amendment XIV should be interpreted to mean that equal rights is one of the privileges of being an American citizen, no matter what color or gender. If everyone has the same rights, why does affirmative action have the power to force schools and employers to choose one over another? After all, free enterprise and freedom of opinion are the main factors that make America envied by most other countries."
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Majority Rules and Minority Rights, 2005.
This paper looks at the concept of majority rules and minority rights in the Constitution of the United States.
675 words (approx. 2.7 pages), 4 sources, MLA, $ 23.95
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Abstract
In this article, the writer examines the concept of majority rules and minority rights in the U.S. Constitution. The writer gives some present day examples of controversies regarding these issues.
From the Paper
"A basic principle of democracy is majority rule and the protection of individual and minority rights which although seemingly contradictory are the very foundation of democratic government. Majority rule is a means of organizing government and deciding public issues without taking away the basic rights and freedoms of minority groups or individuals. Majority rule is spelled out in the ... "
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?The State of Civil Liberties: One Year Later?, 2002.
A review of the report, ?The State of Civil Liberties: One Year Later?, a report published by the Center for Constitutional Rights.
984 words (approx. 3.9 pages), 1 source, MLA, $ 34.95
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Abstract
This paper examines, ?The State of Civil Liberties: One Year Later?, a report published by the Center for Constitutional Rights, which discusses a series of Executive Orders that indirectly seek to eliminate some of the most important aspects of American Constitutional rights. It looks at how these Executive Orders, which have been enacted since September 11, 2001, according to the CCR, are a threat to the civil rights that belong to every American. It shows how the orders enacted to fight the war on terrorism have nullified the rights of the people, as well as the responsibilities of the federal government. In particular, it discusses how the CCR is specifically concerned about the Fourth, Fifth, and Sixth Amendments to the Constitution and the encroachments that certain orders have made on these Amendments.
From the Paper
"The CCR believes that the most disturbing act to undermine the separation of powers was the establishment of military tribunals to try accused terrorists. According the CCR, the Executive has taken on ?the most fundamental role of the judicial branch... it gives the President the power to decide who will be tried under the system, to create rules by which a trial will proceed? (CCR 6). The report states that all of the key roles in the military tribunal process are to be ?filled by military officers acting upon designation of the President.? In such trails, evidence will be presented as officers acting like prosecutors and will be judged by officers acting as judges. In addition, the accused?s attorney must be found eligible for access to information classified as ?secret? under the Defense Department guidelines."
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Rights and Regulations in the United States, 2001.
This paper discusses the controversy of legislative bills, which infringe upon the guarantees in the bill of rights and constitution. This paper discusses the controversy of the separation of church and state.
1,600 words (approx. 6.4 pages), 3 sources, $ 52.95
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Abstract
This paper discusses the controversy of the separation of church and state. This is a persuasive essay, comprised of with an introduction of unbiased information. In addition, two essays follow, one pro-religious/government affiliation and the second sides with the need for increased separation of church and state. Includes 9 quotes all referenced in endnotes.
From the Paper
"The debate over the definition and intent of the first amendment is largely debated throughout society. The question of what actions directly infringe upon the First Amendment and the separation of church and state clause is one of the largest questions. This question has taken high precedence in the media and federal government this year due to President Bush?s faith based initiative for providing social services to religiously based organizations with federal money. "
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A Father's Rights, 2006.
This in-depth paper presents a comprehensive legal analysis into the rights of biological fathers.
4,635 words (approx. 18.5 pages), 6 sources, APA, $ 119.95
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Abstract
This well-researched paper analyzes the role and rights of the biological father in adoption proceedings, while drawing upon an examination of relevant case laws. This paper details the history of the adoption process which was legally recognized in the U.S. in the 1850s, with the inception of the first adoption statute. The writer of this in-depth paper examines the Supreme Court's recognition and willingness to recognize and expand the rights of biological fathers in cases of adoption and / or custody matters. This paper provides a general overview regarding the current status of unwed fathers' adoption rights. This paper examines California law pertaining to the rights of the biological father. This paper discusses California's current stance on the issue, which is that the courts utilize the best interests of the child standard when considering whether the biological father presents a substantial risk of detriment to the child's well-being. While the other hand, other courts have argued that the best interests of the child standard should no longer be the primary consideration in the determination of whether the court should terminate an unwed biological father's rights. This paper cites numerous case studies containing relevant information to this particular topic. This paper details the case of Pena vs. Mattox, in which the biological father argued that his due process rights were violated when his parental rights were terminated by the adoption of his child. The writer contends and explains why are there are no clear guidelines establishing how courts should decide adoption cases involving fathers' rights, and as a result these rights have slowly evolved in favor of the father.
Table of Contents:
Introduction
General Adoption Information / History
A Father's Constitutional Rights
California Courts & Adoption Law
Role of the Supreme Court & The Present Status of Biological Father's Rights
Future of the Adoption Process
Bibliography
Cases Cited
From the Paper
"Whatever method courts decide to use, it is of paramount importance that these disputes be resolved in a quick and efficient manner. Dragging custody disputes out over long periods of time only serves to cause emotional harm to everyone involved, especially to the child whose future hangs in limbo while the case slowly moves through the courts. By implementing a uniform system of deciding these cases, forum shopping will be avoided. Consequently, multiple courts will no longer be asked to hear the same case, as happened in the Baby Jessica case. This will surely lead to faster adjudication and resolution of these disputes and, consequently, to less psychological trauma to the children caught in the middle."
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The European Convention on Human Rights, 2005.
Analysis of the impact that the European Convention on Human Rights has had on the United Kingdom's unwritten constitution.
3,871 words (approx. 15.5 pages), 23 sources, APA, $ 105.95
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Abstract
This paper begins with an outline of the basic human rights provisions of the European Convention on Human Rights (ECHR) and then presents an outline of the United Kingdom's Constitution and how it is supposed to safeguard against infringements of basic human rights. The paper follows this with an analysis of the ECHR's impact on UK jurisprudence and a discussion of some of the positive effects of the ECHR.
Outline
Basic Human Rights Provisions of ECHR
The Problem of an Unwritten Constitution
The First Test of the ECHR
Limited Impact over Time
Neo-conservative Behaviour Regarding Justice
Some Positive Effects of the ECHR
Some European Findings in U.K. cases
Freedom of Speech as a Human Right
E-expression Law in the U.K. and the ECHR
From the Paper
"That is the element of the United Kingdom?s response to the ECHR that is easy to assess. Everything that happens thereafter is more difficult and, in fact, can probably only be glimpsed in bits and pieces through both case law and national and international actions that have some human rights components. The reason for this is that the U.K. Constitution, unlike most others, is unwritten. Rather, the sovereignty of the Westminster Parliament is absolute: a later Act of Parliament always overrides former legislation if there is direct conflict between them. Therefore, U.K. safeguards against infringements upon human rights are not contained in any basic law, but ?can be found in specific Westminster statutes and judge-made common law.? Domestic law and international law are maintained in relatively close relationship by a principle of judicial interpretation that holds that international law forms part of the law of the land."
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