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Pesticide Laws and the Judicial Process, 2006.
An in-depth look at pesticide laws and cases that were brought before the Supreme Court to change the laws.
3,935 words (approx. 15.7 pages), 11 sources, MLA, $ 107.95
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Abstract
The paper discusses the judicial process as applied to pesticide court cases, which have seemingly not resulted in any significant changes in pesticide law. The paper analyzes how the most consistent feature of the decisions in the court cases was that when harm was caused to a business or the livelihood of farmers, the U.S. Supreme Court generally agreed to hear the case, and found in favor of the plaintiffs against the chemical manufacturers. The paper further discusses that when the case was brought by an individual, and it was a matter of personal injury resulting from incidental contact with the substance in question, the U.S. Supreme Court refused to hear the case, in some cases, a settlement was negotiated. The paper further analyzes a case that succeeded where the suit brought on the basis that the chemical companies were unreasonably withholding information that should be made available to the public.
Table of Contents:
Bates et al v. Dow AgroSciences LLC and Citizen Right to Sue
Precursor Legal Battle: Cipollone v. Liggett Group, Inc.
Three Additional FIFRA Suits
League of Wilderness Defenders v. Forsgren (2002) Raises Timber Issues
Guzman v. Amvac Chemical Corporation Won Workers' Rights
Judicial Process in Two Related Lawsuits
Endangered Species and Pesticides
The Court Refused to Hear a Pesticide Case
Roundup
Discussion
Findings
References
From the Paper
"While manufacturers were required to disclose all ingredients to the EPA, even inert ingredient, the EPA "routinely withholds this information from the public because of industry claims that the information is subject to trade secrecy laws. The plaintiffs argued that EPA wrongfully accepted manufacturers' blanket claims of confidentiality without first ascertaining that the inerts in the six pesticide products qualified as trade secrets" (Daily Environment Reporter)."
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Judicial Activism vs. Judicial Restraint, 2002.
The paper examines the way that the judiciary is empowered with the freedom to act in opposition to the wishes of the electorate using judicial activism, unlike the political branches who must follow the wishes of the voters.
1,161 words (approx. 4.6 pages), 4 sources, MLA, $ 40.95
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Abstract
The paper discusses how judicial activism is necessary because some issues are too difficult for the political branches of the government to confront. It examines how advocates of the opposing theory of "judicial restraint" hold that the judiciary should follow precedent carefully and defer to legislative decisions. It also analyzes the reasons the system of governmental checks and balances and judicial review was set up.
From the Paper
"Another important principle implicit in the Framers' writings and actions was that no branch of the government is infallible and this must be seen to apply to the majority of voters, whose will is expressed through their elected representatives, as much as it applies to the un-kingly presidency and the nonpartisan judiciary. Thus the will of the majority in various states was that schools be segregated by race and the rules of these localities codified this expressed wish of the majority which resulted in a status quo in which white and black children were educated separately and, according to advocates of the system, equally. Strict adherence to the will of the majority and to the right of states to decide their own course of action would have meant that the Supreme Court could only decide in Brown v. Board of Education (1954) that the majority's wishes must be respected. The decision to order desegregation, however, was based on no explicit Constitutional basis but on the finding that "government-supported racial discrimination violates the principle of equal justice under the law" (Patterson 425). Although this was widely perceived as a case in which the Constitutional principle could not be denied it should also be understood as a textbook case of the need for judicial review and the invalidating of laws that are unconstitutional."
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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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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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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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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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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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Judicial Review, 2004.
This paper discusses judicial review, the court?s power to review and possibly nullify laws, and governmental acts that violate the Constitution and higher norms and laws.
2,350 words (approx. 9.4 pages), 10 sources, MLA, $ 72.95
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Abstract
This paper explains that judicial review insures neither laws nor executive orders violate either existing case law or some element of the constitution itself. The author points out that, without the power of judicial review, there is effectively no balance of power among the three branches of government. The paper stresses that judicial review allows the courts, and specifically the Supreme Court, the ability to safeguard the rights of individual Americans.
From the Paper
"We have been discussing the concept of judicial review as it if arose from the Constitution, and indeed the specific authority for and practice of judicial review as we experience it in the United States today does derive from the Constitution. However, for these Constitutional provisions to have arisen the idea of judicial review must have existed before the Constitution was itself written and ratified, and this is in fact the case, although the concept was not made explicitly a part of American polity until 1803 when it was invoked by Chief Justice John Marshall in Marbury v. Madison. While the idea is integral to the Constitutional separation of powers, it is important to note that the power of judicial review is not in fact anywhere explicitly described in the Constitution, although the practice of judicial review had been seen even before the ratification of the Constitution during the period of Confederacy that intervened between the Revolution and the ratification of the Constitution when federal courts used the power of judicial review to strike laws that had been permitted to stand by state courts."
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Consumer Laws in the United Kingdom, 2002.
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services.
16,682 words (approx. 66.7 pages), 4 sources, MLA, $ 249.95
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Abstract
United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper
"Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
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Objecivity in Judicial Decision Making, 2003.
An analysis of judicial activism, Mabo and the U.S. Supreme Court.
2,000 words (approx. 8.0 pages), 25 sources, MLA, $ 63.95
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Abstract
This paper examines the debate over the subjectivity / objectivity of judicial decisions with some focus on the Australian High Court decision in Mabo and the predicament of the U.S. Supreme Court as a known activist court. The paper includes a diagram which explains the hierarchy of the judicial system.
Contents:
Announcing law: Judicial Interpretation
Mabo (No.2): The problem of negative activism
Pragmatism: an analogy to the U.S. Supreme Court
Bibliography
From the Paper
"The rule of law is axiomatic to modern liberalised democracies, on both a idealistic and utilitarian basis, undeniably vital to the stability of the judiciary . As a practical consideration it protects an individual?s rights whilst forcing limitations on an institution?s freedoms (including the executive government). As a philosophical touchstone of the judiciary, it enshrines some of the most intuitive and valued notions of justice and equality. Yet the concept of the rule of law, though much admired, is not infallible, at times frustrated (and even perverted) by competing legalist and normative interests."
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Homicide Laws, 2002.
A comparison between the Balckstone laws and the laws against homicide in America.
900 words (approx. 3.6 pages), 4 sources, $ 35.95
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Abstract
This paper compares Blackstone's laws to the USA RCW in terms of homicide.
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Agricultural Products Defamation Laws, 1999.
Discusses the ethical assessment of the use of alar pesticide, e-coli outbreaks, the Oprah Winfrey defamation case, state laws, social responsibility and theories.
1,800 words (approx. 7.2 pages), 10 sources, $ 63.95
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Abstract
Several years ago, the public affairs and news television program "60 Minutes" on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers.
From the Paper
"AGRICULTURAL PRODUCTS DEFAMATION LAWS: AN ETHICAL ASSESSMENT
Introduction
This research examines agricultural products defamation laws. These laws are assessed from an ethical basis.
Development of the Issue
Several years ago, the public affairs and news television program "60 Minutes" on the Columbia Broadcasting System (CBS) televised a segment concerning the use of the pesticide Alar on apples by producers in the State of Washington. The implication of the report, if not directly charged in the presentation, was that the pesticide could be dangerous to human health and that the apple producers had failed to warn consumers. Apple sales did suffer in the wake of the telecast of the segment on "60 Minutes." The apple producers in the State of Washington ..."
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Employment Laws, 2006.
This paper discusses federal and state, especially Texas, employment laws.
1,185 words (approx. 4.7 pages), 4 sources, APA, $ 40.95
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Abstract
This paper explains that federal employment laws recognize the power position of employers and endeavor to make this employee relationship "fair and equitable" without exploitation. The author points out that the states are the major providers of employment resources and are required to implement the federal employment laws, which generally are the guidelines for the state laws. The paper relates that Texan laws on employment protection are generally conform to the federal laws; however, they may have some additional provisions such as providing a cap for damage awards for violations of non-discrimination laws. Listing of several specific laws.
Table of Contents
Federal Employment Laws
State Employment Laws
Texas Law on Employment Protection
Conclusion
From the Paper
"Every individual has the nature to pursue his/her interests. But when it comes to working together, these interests may often collide with each other's. Therefore, there has to be a balancing act which should ensure the protection of interests of everyone. With a multitude of laws, regulations, statutes and other considerations in the area of employment law, the federal government, through Title VII of the Civil Rights Act (1964), has created a basic framework for employers to ensure that employees are treated fairly on the basis of race, color, religion, sex, national origin, disability, or age, thus reducing their liabilities. One of the outcomes of our forefather's leap into the American experiment is the ability of individual states to enact laws pertaining to their unique situations."
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