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The Rule of Law, 2007.
An examination of the rule of law in pre-modern China and Korea.
1,477 words (approx. 5.9 pages), 6 sources, MLA, £ 27.95
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Abstract
This paper looks at the rule of law most commonly used in association with Chinese pre-modern (and modern) history, and by extension with Korean pre-modern history. It explains how the rule of law under Chinese legalism failed in its aims to revolutionize the corrupt existing governmental system. The paper concludes with the suggestion that future research should keep abreast of the current literature and political situation in China, Korea, and other countries in terms of gauging whether the rule of law still has modern relevance.
Outline:
Introduction
Methods
Literature Review
Discussion
Conclusion
From the Paper
"The rule of law is a concept introduced by government which dictates that authority is only legitimately allowed when it is in agreement with written public laws and according to recognized legislative procedures. It is used as a safeguard against a government's ability to act of its own volition, as is rife under typical totalitarian and authoritarian arrangements. The arrangement generally capitalizes upon a distinct separation of authority with an emphasis on equality for the state's citizens. However, as with many government-enforced institutions designed with magnanimous goals, many believe the law amounts to little more than bureaucracy - that it is a superficial concession to public pressure which does not in reality restrict arbitrary governance, as government privileges can still be ratified via transformation into legal provisions."
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High School Newspapers, 2007.
This paper argues against the censorship of high school student newspapers.
770 words (approx. 3.1 pages), 6 sources, APA, £ 15.95
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Abstract
This paper explains that the Supreme Court held that student newspapers could be censored by the principal or other administrators.
The author points out that student newspapers are not censored in California because, in this state, this type of censorship would be a violation of the First Amendment. The paper stresses that student newspapers should not be censored because many of the issues in these newspapers are faced by students on a daily basis. The author argues that reading about these subjects help students to understand better these problems. The paper includes quotations.
From the Paper
"The principal refused to run the two pages because he believed it was wrong for students to talk about sex and similar topics. ... The two articles that were pulled from the school newspaper were about divorce and pregnancy, thus being inappropriate for younger ages. These topics according to the principal were too mature for students in the school. ... Quite frankly, this gives schools the "carte blanche for censorship." While principals and other administrators may believe students are not mature enough to hear or discuss controversial issues, the fact is that students are dealing with these issues on a daily basis..."
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Prince and Warner Brothers Records, 2007.
An analysis of the way in which the music profits of the artist Prince were limited by his contractual obligations.
1,409 words (approx. 5.6 pages), 2 sources, MLA, £ 26.95
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Abstract
This paper analyzes the various ways that Prince was made subservient to contractual demands by the major recording company, Warner Brothers. It discusses the extent of Prince's contractual obligations and examines how they virtually entrapped him into an epic decade long contract. The paper then looks at how this contract limited his ability to make profits off of his albums sales.
From the Paper
"In conclusion, the record industry hegemony of Warner Brothers acted as an agent of corporate greed, which disallowed Prince to make the money he surely deserved. This type of corporate hegemony also forced Prince to sign long term record deals, which virtually enslaved the artist under restrictive and non-profitable conditions. This study also briefly shows the independent business side of Prince that provides the reasons why prince had chosen to reject the terms provided in his contracts. Furthermore, Prince would often be categorized as "black music", which was a part of the racist hegemony of the record companies to pigeonhole artists into narrow categories. Prince decided to resist and deny this type of limited identity, defining his rebellious role as a subservient artist beneath the corporate hegemony of Warner Brothers records."
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Indian Child Welfare, 2007.
An analysis of the problems associated with the 1978 Indian Child Welfare Act (ICWA) and possible solutions to the problems.
1,534 words (approx. 6.1 pages), 7 sources, MLA, £ 28.95
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Abstract
This paper analyzes Indian child welfare in Oregon in the United States. It particularly discusses the 1978 Indian Child Welfare Act (ICWA), which regulates placement proceedings involving Native-American children. It looks at the benefits of the law, as well as the problems associated with it, such as the lack of proper enforcement. The paper then discusses how these problems can be remedied.
From the Paper
"In conclusion, the Indian Child Welfare Act was passed into law in 1978 because the federal government recognized that it was necessary to reestablish tribal authority in Oregon and other states in cases involving the adoption or removal of Native American children from their homes. The ICWA was considered necessary because a very high percentage of Indian families had been broken up by non-tribal agencies because state officials did not understand or accept Indian culture."
"In order to remedy this, the ICWA established minimum standards for the removal of Native American children from their homes and assured tribal participation in court proceedings. But in Oregon and many other states, establishing clearer guidelines is necessary so caseworkers can formulate plans that conform to federal ICWA standards and thus ensure that the intent of the federal Act is fulfilled, and the rights of Native American children and their families are protected."
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Cigarettes Tax, 2007.
This paper analyzes Proposition 86 of the State of California to add $2.60 in taxes to every pack of cigarettes, which could raise the price of the average pack to $7.
830 words (approx. 3.3 pages), 2 sources, APA, £ 16.95
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Abstract
This paper states that the anti smoking Proposition 86 is one of the most hotly contested propositions in California's legislative history. The author points out that the proponents argue that it will reduce smoking, improve health care services, and provide valuable tax revenues for the state. The paper reports that the opponents stress that the tax is a back door funding of the health care industry, is an irresponsible use of taxpayer money and financial punishment for millions of adults in the state who decide of their own volition to smoke, an activity that is still legal in the United States.
From the Paper
"California is currently home to about 9% of the total population of smokers in the United States. This is a significant portion of the total population of cigarette smokers who will all be affected drastically by the tax increase on packs of cigarettes via Proposition 86. The immediate effect of the tax will be to decrease sales of packs of cigarettes in the state. This is basic economics. If the price of a pack of cigarettes increases so dramatically, by more than 50% in this case, it will inevitably lead to decreased sales as more individuals have difficulty absorbing the increased overall cost of smoking (never mind the long-term health costs)."
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Mortgage Fraud, 2007.
An analysis of the implications of mortgage and title fraud and legislation to attempt to prevent it.
793 words (approx. 3.2 pages), 5 sources, MLA, £ 15.95
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Abstract
This paper discusses mortgage and title fraud. It discusses a 2005 Ontario Court of Appeal decision regarding fraudulent mortgages and its implications. The paper then looks at who the victims are in mortgage fraud. It examines the pending legislation of the Ontario government which will attempt to address some of the problems involved in mortgage and title fraud. Finally, it looks at how property owners may protect themselves through title fraud insurance.
From the Paper
"However, this proposed action plan is not the proper solution to this problem. In effect, while mortgage and title fraud has always been a problem, the current crisis relates directly to the Ontario Court of Appeals ruling in 2005 that judged fraudulent claims to be legally valid. In fact, the proposed Bill 152 does not address this issue but only restores title to the real owner but leaves him/her responsible for the fraudulent mortgage (Aaron). Clearly, the Ontario government is responding to public concern in this area, and the possibility that the Court will not - in its review of its earlier decision - be willing to admit that it made a mistake and reverse this precedent-setting ruling. I would argue that if banks were legally responsible for the mortgage, they would have the incentive for greater diligence than they are currently exercising. Thus, it would be more legally and economically efficient if this situation is resolved through the legal system that exacerbated the problem."
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The Canadian Legal System, 2007.
Outlines the reasons why judges should not make laws in Canada.
877 words (approx. 3.5 pages), 4 sources, MLA, £ 17.95
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Abstract
This paper briefly outlines the reasons why judges should not make laws in Canada. Specifically, the paper assesses the dangers of having unaccountable officials in the role of law-makers. It also examines how special interests can insinuate their way into the deliberative process courtesy of judicial activism. Finally, the paper explores how the credibility of the courts as a bastion of even-handedness can be damaged by judicial activism.
Table of Contents:
Introduction
Unaccountable Public Officials Acting As Elected Officials
Special Interests
Judicial Activism Creates Appearance Of Subjectivity, Not Objectivity
Proposal For Reform
Conclusion
From the Paper
"The easiest way in which Canadians can cut down on judicial activism is to borrow from American practices. Specifically, nominated justices should attend public hearings and be asked about their political philosophy towards various aspects of the law. At the same time, the entire vetting process should be made available to all parties and not simply to the ruling party (or the Prime Minister's Office). Additionally, albeit it is a more controversial point, justices who appear to offer fanciful interpretations of the law should be subject to recall - either for outright incompetence or for a lack of integrity. If these measures are done, Canadians will have a cost-effective way of curtailing irresponsible activism which might lead to some groups being deliberately favored over others by the courts."
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Law and Economics, 2007.
An analysis of how law and economics relate to property and liability, as seen in the cases of "Miller et al. v. Schoene" and "Boomer v. Atlantic Cement Co".
1,069 words (approx. 4.3 pages), 5 sources, MLA, £ 20.95
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Abstract
This paper analyzes the cases of "Miller et al. v. Schoene" (1928) and "Boomer v. Atlantic Cement Co" (1970), which both touch upon similar issues in law and economics related to property and liability. The paper argues, in comparing and contrasting the rulings in the two cases, that in evaluating real world circumstances and cases the law does not reflect pure economic analysis of these questions. It suggests that the law has tended to treat negative externalities by a liability rule as opposed to a property rule.
From the Paper
"In this analysis, we can see that the court in the case of Boomer v. Atlantic Cement Co. generally followed the trend of courts and has "been reluctant to go beyond the requirement that damages be paid". In this regard, the court was restricting itself to issues of liability and not delving into the more complex economic issues in judging the costs of air pollution against damages to the community. Indeed, as Ronald Coase observes, purely economic considerations and analyses of cases before courts often does not impact court rulings: "it has to be remembered that the immediate question faced by the courts is not what shall be done by whom but who has the legal right to do what". As another critic notes, the issues of cost interdependence in ruling between property owners in such cases is often "a technical-economic interdependence not a legal one"."
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Online Music Distribution, 2007.
This paper explains that the rise of peer-to-peer (p2p) digital technologies has led to a fundamental transformation in how the audience of popular music regards music as property.
1,360 words (approx. 5.4 pages), 5 sources, MLA, £ 25.95
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Abstract
This paper relates that, while property rights in the music industry remain based upon rigid copyright laws, which give the copyright holder protection against any unlicensed copying or use of a music property, digital media has permitted widespread disregard for this law. The author points out that, even though there remains an opposing view by some people in the music industry that peer-to-peer (p2p) networks exchanging music amounts to theft of their property, a transformation in the understanding of property rights and music is underway on a global scale. The paper concludes that, as the phenomena of mashes and sampling indicate, artists and audiences have come to see digital music as a new medium for creative growth, which promises substantial changes in our popular music in the future.
Table of Contents:
Introduction
Copyright Law and the Question of Ownership
Peer-to-Peer Technologies and Music Exchange
Audiences and Music Property
Conclusion
From the Paper
"It must be noted that even this limited copying capability was the result of fierce renegotiations between Apple and the leading recording industry companies who were unhappy about the one fixed price business model, as well as Apple's limited support for the audience's right to copy music. However, this right was based upon a key limitation on copyright known as "fair use" in the United States, and "fair dealing" in Canada. Under "fair use", for example, it is possible to not only use a copyrighted work without the copyright holder's approval but even to do so over the owner's express objection."
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Crown Arguments and Sentencing in Canada, 2007.
A look at two cases dealing with crown arguments and lower criminal sentencing in Canada.
1,945 words (approx. 7.8 pages), 6 sources, MLA, £ 34.95
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Abstract
This paper refers to two scenarios that can be seen as usual in lower Canadian criminal courts, in comparatively minor charges, with various circumstances to be determined by prosecutors towards recommendations for sentencing. The paper attempts to further understanding about the resistance Canadians show towards the concept of minimum sentences and, on the other hand, why the Canadian public often discusses sentencing as too lenient.
Outline:
Introduction
Case I
Case II
Reflection
Concluding Discussion
From the Paper
" The matter of a young woman charged with assault and possession of a dangerous weapon does not really involve a dangerous weapon, at all. The young person had made a verbal threat to inject the AIDS virus into a neighbour she claimed had caused a disturbance, on his property, as would be dismissed in terms of whether or not the needle had contained the AIDS virus or the offender's actual intent. A syringe may point to the offender's drug use but it is not illegal to possess one in contrast with selling an item pertaining to illicit drug use. As the matter involves uttering a threat, or assault with a weapon, implying a threat while holding a weapon, considered loosely under this charge, the Crown might request a penalty approximating a compromise between assault with a weapon and mischief. "
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Church and State, 2007.
This paper explores the separation of church and state as mandated by the United State Constitution.
2,179 words (approx. 8.7 pages), 5 sources, MLA, £ 37.95
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Abstract
The paper discusses the establishment and free exercise clauses that state that government will not establish a national religion nor interfere with a citizen's practice of it. The paper explains that the first clause is said to be absolute, while the second has been interpreted in conflicting ways. The paper discusses how, without doubt, judicial battles will continue to be fought over how religious practices should be defined in the context of the First Amendment, for there never has been a widespread consensus on this issue and there probably never will be.
From the Paper
"The separation of church and state as defined by the United States Supreme Court's interpretation of the First Amendment religion clause, especially the Establishment Clause, has been a source of increasingly heated debate in American society and politics. Many conservatives and religious activists are angry that lower state courts, federal district courts, and federal appeals courts have ruled that Ten Commandment displays violate Constitutionally mandated separation of church and state, and have been applying unprecedented pressure on the judiciary at every level."
Unfortunately, resolving what the Constitution is actually saying is not always easy, for the vague language and uncertain intent of some sections of the Constitution has enabled politicians and others with religious, social, economic, or political agendas to bypass intended constitutional restrictions. (Bovard 55) Despite the fact that James Madison, James Monroe, Alexander Hamilton, and the other Founding Fathers drafted the most explicitly self-limiting written constitution in all of human history, it consists primarily of legal language reliant upon correct interpretation."
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Racial Profiling, 2007.
This paper analyzes the racial profiling policy of the Los Angeles Police Department.
2,738 words (approx. 11.0 pages), 6 sources, APA, £ 45.95
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Abstract
The paper examines the use of racial profiling by the Los Angeles Police Department (LAPD) in order to identify the consequences of this controversial policy. The paper discusses the criticism that racial profiling is unconstitutional as well as the arguments that it is a valuable, realistic tool for law enforcement departments. The paper investigates the influence of longtime Chief Daryl Gates on the structure, practices and procedures of the LAPD and portrays the institutionalized racism present. The paper concludes that although police should be able to use racial profiling, they should be cautious in its application and restrict its use to situations involving compelling reasons.
Outline:
Executive Summary
Text
From the Paper
"The general goal of this case study is to examine and analyze the use of racial profiling by the Los Angeles Police Department, and to identify the consequences of this controversial policy. Racial profiling has gained support over the last fifteen years in Los Angeles and many other large cities, and first emerged during the highly publicized explosion of the use and selling of crack cocaine in scores of inner-city neighborhoods in the 1980's, which bolstered the perception by some observers that crimes involving drugs are primarily an African American problem--even though statistics showed most cocaine users were white."
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Canada's Electoral System, 2007.
This paper discusses the plurality and democratic ideals of the electoral system in Canada.
1,328 words (approx. 5.3 pages), 5 sources, MLA, £ 24.95
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Abstract
The paper relates that in the last few years, the Canadian election system has been revised to reflect the changing and developing nature of Canadian politics. The paper discusses the goal of ensuring that the electoral process retains its plurality and untainted representative character. The paper looks at legislation that ensures equal and fair media access to all officially registered political parties and their candidates. The paper concludes that Canada's electorate appears to be one of the most forward thinking electorates in the developed world.
From the Paper
"Canadian electoral processes are contained in a series of laws that span canonist topics from elections themselves to media, but all combine to form a comprehensive set electoral policies codified through law: Canada Elections Act, Electoral Boundaries Readjustment Act, the Criminal Code, Income Tax Act, and the Broadcasting Act ("Electoral"). This series of comprehensive laws has been in development since the 1860s following the founding of Canada. As evidence of Canadian election law's ever expanding plurality one need only examine the severe constraints upon who could vote early in the country's history. Initially, only male Caucasians were allowed to vote even this early white male suffrage was limited by certain property restrictions (Studlar pars.4-10). Eventually all adult males were added to the voting eligibility roster with women later being included."
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Social work and Advanced Directives, 2007.
This paper examines living wills and advance directives as part of the services a social worker provides.
1,451 words (approx. 5.8 pages), 11 sources, APA, £ 27.95
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Abstract
The paper discusses end-of-life decisions, advance directives and patient advocacy that are issues within the scope of the health care social worker. The paper shows how the complexity of legal and medical issues involved in the creation of a living will and/or providing surrogate instructions is beyond the medical or legal training of the social worker.
From the Paper
"A social worker acts as a patient advocate. Social workers are charged with promoting patient respect and respect in treatment in end-of-life situations. The National Association of Social Workers was one of the first professional organizations to actively participate in support of the ethical dilemmas inherent in caring for individuals during end of life circumstances by issuing the formal policy statement "Client Self-Determination in End-of-Life Decisions in 1993 (Luptak, 2004). In the area of living wills, the social worker should only be part of a team that can help you address end-of-life issues and decisions and the member of the team to assure that other healthcare providers such as doctors and other facility staff know of your decisions ("How social workers," 2004). In the health care social worker's job, no task is more important than advocating for patients' wishes in end of life decisions."
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