Abstract
This paper uses the case discussed in Jonathon Harr's book "A Civil Action" to explain the system of Anglo/American tort law--the workings and limitations of the system and the intended goals as opposed to real life actualities. It follows case facts and describes the outcome, while explaining all the ensuing legal factors. Also included is an account of the historical divergence of civil obligations and tort law.

From the paper:

"Harr?s book relates the story of a type of case that is all too sadly familiar: A large corporation (in this case actually two large corporations) contaminate the environment because it is cheaper dump solvents than to dispose of them legally. The reason that corporations are supposed to be restrained from such cheap but illegal dumping is the threat of either criminal charges being made or of civil litigation. In other words, corporations are supposed to behave themselves because if they don?t then they will get sued. But the important catch to this argument, as this book shows, is that corporations do not in fact have a great deal to fear from civil litigation. All too often, the person who wins civil litigation is the person (or corporation) who can continue to pay for a lawyer longer than the other side. The results of civil litigation have less to do with right and wrong than with whose pockets were the deepest to begin with."

Tags:Harr, environment, punitive

Abstract
The following paper discusses the abundance of medical and scientific evidence in support of the damage caused by Environmental Tobacco Smoke (ETS), or second-hand smoke. This paper proposes that, there is now sufficient medical evidence to support a legal ban of smoking in public places.

From the Paper
"One of the major functions of our country's legislation is to protect all Americans from being injured or killed as a result of the irresponsible and illegal behavior of others. There are specific laws in place to protect us from someone who drives recklessly or under the influence of alcohol and there are laws designed to shield us from those who may wish to harm us with violence."

Tags:second-hand, smoke, tobacco, sidestream, smoke, burning, cigarette, mainstream, smoke

Abstract
This paper explains the extent of the U.S. Patriot Act. It discusses how civil liberties and legal defense groups are troubled by the cases and predict that the government will soon be using harsh anti-terrorism laws against ordinary lawbreakers. It explains that the U.S.A. Patriot Act has thus expanded the surveillance and investigative powers of law enforcement agencies. The American government may use this Act to fight terrorism in a more effective manner, but this Act will cost Americans much in terms of lost civil liberties and personal rights.

From the Paper
"One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threats. One of the principle acts passed by them was called "Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001," also called the USA Patriot Act. This was signed and approved as law by President Bush on October 26th, 2001. This act is one of the most sweeping acts passed in the history of modern America. The Act affects the civil liberties of the citizens of USA and even non-citizens who are residing in America on a regular basis."

Tags:liberty, terrorism

Abstract
This paper discusses how America's working environment might be if the Civil Rights Act of 1964 had not been enacted. Title VII is one section of the Act that prohibits employers from discriminating on the basis of race, sex, color, religion, or national origin. This paper highlights the evolution of Title VII, its impact in the workplace, discusses who is covered and who is not, and examines what types of policies a company should implement to avoid violations of Title VII.

From the Paper
"This act protects all employees, regardless of classification or managerial level, in both the private and government sectors. In 1991, the act extended to all U.S. citizens employed by American employers outside the United States, except where it violated the law of the hosting country (Bennett-Alexander et al., 2003). In addition, it also protects foreign nationals employed within the United States and its protectorates. Unfortunately this act does not cover everyone. Employers with less than 15 employees are not require to follow the guidelines set by Title VII."

Tags:Martin, Luther, King, EEOC, EPA

From the Paper
"The Exclusionary Rule

This paper will discuss the history and application of the exclusionary rule as it has been applied to searches. The first part of the paper will describe the Fourth Amendment protection against unreasonable searches and seizures, as well as the purpose and goals of the exclusionary rule. The second part will discuss the evolution of the exclusionary rule. The third part will examine the exceptions to the exclusionary rule.

The application of the exclusionary rule to evidence seized during searches was developed over time as a "remedy" for unreasonable searches and seizures by the government. The Fourth Amendment contains the prohibition against unreasonable searches and seizures and the exclusionary rule generally requires the exclusion from trial of any evidence seized in violation of the Fourth Amendment."

Abstract
This research paper argues that immigration in the U.S. has reached a crisis and we need to rethink our immigration policies. The paper briefly touches on the history of immigration, present immigration problems such as illegals, expert opinions, and ends with a call for an immigration moratorium.

Tags:liberty, amnesty, asylum, economics, labor, nativism

Abstract
This paper provides a brief overview of the British laws regarding land registration and land charges. It focuses on two cases, "Caunce vs. Caunce" [1969] and "Kingsnorth Finance vs. Tizard" [1986] and looks at which of the decisions achieved the most satisfactory outcome to reflect current social needs.

Outline:
Introduction
Legal Issues in the Caunce and Tizard Cases
The Decisions in the Caunce and Tizard Cases
Conclusion

From the Paper
"The legal issue in the Caunce1 case is whether the bank has priority over the wife's equitable interest in the house, owned and occupied by her and her husband at the time the mortgages were taken out. Since then the husband had left her, was she entitled to stay in the house even though it wasn't registered in her name? The legal issue that arises in the Tizard2 case is whether the land charge registered by the plaintiff (Kingsnorth Finance) "was subject to or could override the equitable interest, if any, of the wife" (Kingsnorth Finance v Tizard [1986] 1 WLR 783). Another issue was whether the wife was in actual occupation of the property, as the surveyor had noted that there was occupation by the husband and the children and the husband told the surveyor that his wife "had left many months ago" (Kingsnorth Finance v Tizard [1986] 1 WLR 783)."

Tags:land, overreaching, unregistered, pusine, mortgage

Abstract
The paper examines Section 107 of the Housing Grants Construction and Regeneration Act, passed by the United Kingdom Parliament in 1996. Specifically the paper looks at the interpretation of section 107, which deals with matters of adjudication, and how it was affected by a series of United Kingdom court cases between the years 2002 - 2007.

Outline:
Introduction
Body
Conclusion
Bibliography

From the Paper
"The Court stated that the broad interpretation of the section 107 of the HGCRA 1996 was wrong and that the Section 107 was intended by Parliament to be interpreted as meaning that the whole agreement has to be in writing, not only the basic terms. This was underlined by the fact that the time in adjudication is tight, therefore the adjudicator should not have to spend time deciding what contract terms may or may not apply. As not all terms of contract were in writing, The Court found that in the case of RJT v DM there was no right to adjudicate.
"This whole issue remains a real concern within the industry particularly given the apparently restrictive interpretation of section 107 of the Act by the Court of Appeal in the RJT case, which may mean that many industry contracts, particularly those involving small and medium-sized enterprises, will fall outside of the scope of the legislation."

Tags:law, building, contractors, contracts, disputes, design, architect, completion, payment, prepayment, industry, construction, building

Abstract
The paper examines the reasons why people do and do not wear seatbeats in their cars. It shows the results of not wearing a seatbelt when involved in an accident and discusses the deaths of two professional athletes, Mike Darr and Derrick Thomas, who were involved in fatal accidents when they didn't wear seatbelts.

From the Paper
"People shouldn't believe every story flying around these days. The truth is that ALL driving can be dangerous, seatbelt vs. no seatbelt. However, drivers and passengers should ALWAYS wear a seatbelt, whether it's going a block from the house or on a road trip. It's a dangerous game to play when driving without a seatbelt. With the help of two pro athletes' deaths, Mike Darr and Derrick Thomas, this essay illustrates that wearing a seatbelt will not only save a life, but also make people feel more secure while they are in a car."

Tags:buckle, up, drunk, hospital, security

Abstract
This paper compares the decisions of the Divisional Court and the Court of Appeal in R v Ministry of Defence ex parte Smith [1996] 2 WLR 305 with that of the European Court of Human Rights in Lustig-Prean v UK (2000) 29 EHRR 548. It discusses how the different outcomes in these cases can be chiefly explained by the approaches available to the courts in terms of reviewing State policy. It looks at why the test of 'irrationality' employed by the English courts meant that the discriminatory government policy could not be overturned and then examines why the test of 'proportionality' available to the Court of Human Rights allowed a fundamentally different outcome to be reached.

From the Paper
"Having accepted Brown LJ's assessment regarding the justifiability of the policy, both the Divisional Court and Court of Appeal considered each of the three grounds for the review application: that the policy breached Article 2 of the EC Equal Treatment Directive ; that it breached Article 8 of "irrational". Both English courts shared the view that the word "sex?" in the EC Directive should not be construed as embracing sexual orientation and should, therefore, have a meaning no broader than gender . Had they accepted the applicants? argument, the policy would have been unlawful as it would amount to direct discrimination . In the Divisional Court, Brown LJ emphasized the "unambiguous" language of the Directive, which plainly refers to discrimination of gender rather than of orientation."

Tags:abuse, discrimination, discriminatory, homosexuality, rights