| Papers [1-15] of 21 :: [Page 1 of 2] | | Go to page : 1 2 —> | Search results on "JURISPRUDENCE": |
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Feminist Jurisprudence, 2006.
A discussion regarding feminist jurisprudence and landmark decisions relating to gender.
1,572 words (approx. 6.3 pages), 9 sources, MLA, $ 51.95
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Abstract
This paper takes a look at the topic of feminist jurisprudence. According to the paper, feminist jurisprudence as a philosophy and practical enterprise began in the 1960s. The paper continues saying that the foundation of feminist jurisprudence lies in the struggle for equal rights and against gender discrimination. It is essentially based on the view that societies have shown a tendency towards gender subjugation and discrimination.
From the Paper
"Sexual harassment in the workplace has been the focus of some important legal decisions. The first sexual harassment case in the United States is considered to be Barnes v. Train (1974). Another landmark case which established sexual harassment as a form of sexual discrimination was Williams v. Saxbe, 1976. This case showed that "...when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another. " (Sexual harassment) The issue of sexual harassment was also spelt out by the Equal Employment Opportunity Commission (EEOC) which issued various regulations in 1980 and which stated that sexual harassment was in fact a form of gender discrimination that related to the Civil Rights Act of 1964. "
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The Misunderstanding of Religion Through Free Exercise Jurisprudence, 2000.
This paper examines the Supreme Court's handling of Freedom of Religion.
4,775 words (approx. 19.1 pages), 26 sources, MLA, $ 122.95
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Abstract
The paper begins identifying the flaw in tradition free exercise of jurisprudence and discusses its original understanding. The paper looks at how this understanding has been applied to traditional religions like the Amish, Mormons and Native Americans in an inconsistent manner. The paper resolves that the Supreme Court needs to consider their own biases and look more towards the harm caused by the practice as opposed to the practice itself if it is to be protected.
From the Paper
"The First Amendment to the Constitution provides that ?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof?? However, since Reynolds v. United States, in 1879, the Supreme Court has been struggling to understand the limits of free exercise. This paper will examine a historical conception of how the Supreme Court has viewed and misunderstood religion by examining three cases that best mark free exercise jurisprudence in the United States."
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Natural Law Jurisprudence, 1972.
This paper discusses natural law as a philosophical foundation.
1,575 words (approx. 6.3 pages), 16 sources, $ 55.95
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From the Paper
"The idea of natural law is based on a belief that there exists a moral order which every normal person can discover by using his reason. Its role is "to provide a concept of human nature and justice to serve as the rationale for the legal and social system of society,". and its "primary concern . . . is with justice and the moralization of power.".
There is in men, even when they are powerful, some natural inclination to act accordingly to reason in what conditions their power. That is, they naturally seek to establish the legitimacy of their power and also to have their uses of it publicly recognized as legitimate. They are naturally disinclined to appear to themselves or to others as unreasonable, as men who do not act according to virtue, as "unnatural" men."
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Jurisprudence, 2005.
A discussion on whether it is possible for a legal system to be morally neutral.
1,818 words (approx. 7.3 pages), 8 sources, APA, $ 58.95
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Abstract
A legal system reflects the priorities and issues of the society it serves. This paper considers the views of John Stuart Mill, the Hart/Devlin debate and Marxism to determine whether a legal system can or should be morally neutral.
Outline
Introduction
Mill on Individualism and Morality
The Hart-Devlin Debate
Dworkin
Marxism and Legal Morality
Concluding Comments
From the Paper
"John Stuart Mill was a prominent and prolific nineteenth century economist and philosopher. It is submitted that of all his published work it was his essay On Liberty , published in 1859 that inspired most profound reaction and longest-lived controversy. Mill's primary assertion was that individuals should only be morally accountable to themselves, unless their actions touch deleteriously upon the interests of society at large. Mill's thesis is that we should only seek to coerce others in self-defence - either to defend ourselves, or to shield others from harm. Since Mill's influential and ground breaking work was published the freedom of the individual has come to the fore and has been advocated as an essential component of a sympathetic, equitable and advanced legal system."
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International Justice: Not Necessarily Destined for Absurdity, 2002.
Why international jurisprudence should avoid claims of universality, and focus on arbitration and crimes against humanity in small or defeated nations.
930 words (approx. 3.7 pages), 2 sources, $ 33.95
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Abstract
This paper discusses the role that international jurisprudence plays in conflicts between nations, and how the role of the international courts is being abused by nations, who want to use the reaps of war, rather than negotiations, to settle their disputes.
From the paper:
"The ICJ reveals itself as impotent even when adjudicating against weaker nations, as illustrated by its farcical order that Iran free its American hostages taken after the Embassy was stormed (Meyer 127). Whether with great powers or less powers, international jurisprudence is helpless to resolve conflicts in which one party merely desires to exploit its power.
Where both parties are mutually interested in an arbitrated solution to a dispute, however, international jurisprudence is useful."
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American Juries, 2002.
Examines the role of juries in fulfilling political jurisprudence.
900 words (approx. 3.6 pages), 5 sources, $ 31.95
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Abstract
Examines role of juries in fulfilling political jurisprudence. Trial by jury as a cornerstone of justice in the American legal system. Lack of training of jurors on how to evaulate evidence or apply legal principles. Replacement of jurors with evidentiary hearings before a judge in England. Advantages of each system. Jury selection.
From the Paper
"Juries
Richard H. Uviller (1996) has advanced the idea that the American criminal justice process is far from true justice as exemplified by unqualified jury members who make life and death decisions. Uviller (1996) believes that true justice consists, at least in part, of accurate fact finding along with dignitary values. The qualitative research hypothesis to be explored in this brief report is that American juries, while playing a viable role in fulfilling political jurisprudence, may be less efficacious in achieving true justice as described by Uviller (1996) than the bench systems employed by other governments.
In the United States, trial by jury is often regarded as a cornerstone of our temple of justice (Zobel, 1995). The very concept of the jury pervades the national mindset and yet we also perceive the difficulties ..."
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UK Law, 2002.
A look at UK legal theory and jurisprudence.
3,150 words (approx. 12.6 pages), 5 sources, $ 115.95
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Abstract
This paper discusses legal theory and jurisprudence in the light of UK law. It explains whether there is a right answer for any legal problem or not.
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Execution of Mentally Challenged Persons, 2003.
Discusses the jurisprudence of the Supreme Court.
4,050 words (approx. 16.2 pages), 32 sources, $ 135.95
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Abstract
Discusses the Court's use of the Eighth Amendment to ban the use of the death penalty for insane persons, the 1972 Furman vs. Georgia ruling, the Ford case of 1974, divisions on the Court, state court decisions, and the current death penalty.
From the Paper
"This research paper discusses the jurisprudence of the Supreme Court concerning the constitutionality of executing mentally challenged persons. Ever since the Court first applied the Eighth Amendment to ban the ..."
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Freedom of Expression, 2005.
A comparison of freedom of expression laws in America, Canada and the United Kingdom.
1,074 words (approx. 4.3 pages), 6 sources, APA, $ 37.95
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Abstract
This paper explains that, because the laws of all three nations-the United States, the United Kingdom and Canada-are based on the same underlying body of law, loosely described as English jurisprudence-the right to freedom of speech/expression in all three is quite similar. This paper compares the three country's laws and regulations regarding this issue.
From the Paper
"A flap in town council demonstrates the principle of free speech as practiced in the U.K. As the result of an insult flung about in the council chambers, one of the government/political people attending said something to a reporter "no gentleman would say." The commentator on the incident noted that both politicians and journalists can play rough, and, to the public mind, it is a non-starter as an issue. However, a piece of legislation was in place that was causing some discussion concerning the insulter's right to make the insult. "The real villain of the piece is an item of legislation entitled-soporifically-The Local Authorities (Model Code of Conduct) (England) Order 200." It contains a section demanding that members of city councils must "treat others with respect." This makes politeness mandatory, which also, then, limits how one may express one's self, at least if one is a council member in Great Britain. Moreover, the demand to express thoughts only in a polite manner extends to 'others' and not just voters or officials...anyone and everyone, obviously at all times. This law only applies to council members: One assumes that, except where specifically codified into law, other citizens of the U.K. can be verbally disrespectful if they wish."
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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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Law and Equity Principles, 1999.
Analyzes the history of legal equitability.
3,600 words (approx. 14.4 pages), 33 sources, $ 127.95
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Abstract
Analyzes the history of legal equitability and applies the concepts of equity jurisprudence, unconscionability, promissory estoppel and quasi-contract/unjust enrichment to commercial situations.
From the Paper
"LAW AND EQUITY PRINCIPLES
This essay summarizes, analyzes and critiques legal and equitable principles in their historical context and then examines in commercial contexts three doctrines of equity jurisprudence, unconscionability, promissory estoppel and quasi-contract/unjust enrichment and a specific dispute resolution technique of growing importance which incorporates equitable principles, arbitration. The overall conclusion reached is that the dynamic tension between legal and equitable concepts contributes to the vitality of the American legal process and its fairness for participants in commercial transactions.
1. Introduction
Definitions. Law is a system of constraints on the behavior of individuals and groups in society which is sanctioned and ..."
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The Supreme Court's Power ( 1850-1875 ), 1999.
Examines the extent and application of the Court's power, leadership, decisions on states' vs. federal power, slavery, territorial expansion, public vs. private welfare and economic regulation.
2,025 words (approx. 8.1 pages), 8 sources, $ 71.95
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Abstract
This research paper summarizes and analyzes the approach taken by the American Supreme Court between 1850 and 1875 in its jurisprudence concerning the extent and application of its power.
During the last 14 years (1850-1864) when Roger Taney was Chief Justice, (1836-1864), the Court was largely preoccupied with the allocation of power between national and state governments
From the Paper
"EXTENT AND APPLICATION OF THE SUPREME COURT'S POWER (1850-1875)
This research paper summarizes and analyzes the approach taken by the American Supreme Court between 1850 and 1875 in its jurisprudence concerning the extent and application of its power.
During the last 14 years (1850-1864) when Roger Taney was Chief Justice, (1836-1864), the Court was largely preoccupied with the allocation of power between national and state governments. The Taney Court permitted more scope for the exercise of state power over commerce than did the Court of Chief Justice John Marshall (1801-1836), without rolling back the expansion of federal constitutional power pioneered by its predecessor. Although it sometimes exercised judicial self-restraint, the Taney Court overreached itself and damaged the standing of the Court by its sweeping but misguided assertion of ..."
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Questions of Stem Cell Research, 2002.
An examination of some of the legal and moral questions raised by stem cell research.
3,075 words (approx. 12.3 pages), 6 sources, MLA, $ 89.95
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Abstract
The paper defines what stem cell research is and what it is used for, and explains what stem cells themselves are and why research focuses on them. The paper examines the legal issues raised by this research, explaining and contrasting the opinions of believers in rule of law, legal positivists, legal realists, secular humanists and the jurisprudence of critical legal studies, forming the complete spectrum of understandings of the place of law in society. The paper expounds upon the position of each of these groups regarding stem cell research, and supports some of the positions, while disagreeing with others, comparing and citing examples from the 2000 presidential elections and from when slavery was legal before the Civil War. In conclusion, the writer expresses the opinion that stem cell research should only be done on a byproduct harvested after a natural childbirth and posits that it is not necessary to trade the life of one person for the well-being of another.
From the Paper
"The controversy revolves around the fact that these cells are most numerous in human embryos. In order to have a ready supply of stem cells, processes are being established to grow, and 'harvest' these cells from human embryos. Herein is the controversy. Is it morally, ethically, and legally proper to create life in one innocent being, and then destroy it in order to benefit another being? Is the embryo a being? If so, this argument leaves the exclusively legal realm, and must also be considered on the basis of moral and ethical principles. If the human embryo is not a being, but an unviable tissue mass, then growing and harvesting specific cells is neither a moral nor legal issue. In this latter case, the only laws needed to guide such research are those already in place, that govern the research and development of disease resistant cash crops, such as corn and wheat."
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Women's Citizenship in Canada: Are We There yet?, 2006.
A discussion exploring female citizenship in Canada.
1,800 words (approx. 7.2 pages), 6 sources, $ 71.95
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Abstract
This paper discusses how Canadian citizenship is a hot top due to various reasons. According to the paper, group politics plays a pervasive role in the formulation of national policy, and group politics has become a prominent component of this nation's jurisprudence at the highest levels. This paper explores female citizenship in Canada and argues that, while things are far from perfect, the idea that women are not full and equal citizens of the Canadian state is really a risible one.
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Racial Discrimination and Jury Selection, 2004.
An examination of racial discrimination in the jury selection of current American trials.
3,624 words (approx. 14.5 pages), 17 sources, APA, $ 100.95
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Abstract
Although American jurisprudence has held that a juror cannot be included or excluded on a jury on the basis of race, beginning in the mid-20th century, many observers suggest that the entire process today is riddled with loopholes that allow attorneys to ?shop? for jurors who will support their position based solely on racial considerations. This paper provides a review and discussion of the relevant literature on racial discrimination in jury selection, followed by a summary of the research in the conclusion.
From the Paper
"What is known is that the composition of a jury can make the difference between a guilty verdict and a defendant going free, with distinct differences being found between black and white juries. For example, a study conducted by psychologist Dennis Ugwuegbu determined that white jurors were more likely to find a defendant culpable of rape when he was black and the victim was white than in other racial combinations; on the other hand, blacks were more likely to find that a white defendant was culpable when the victim was black (Hans, 1986)."
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