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Legislating Morality, 2004.
A discussion on whether legislating morality is a danger to freedom.
1,672 words (approx. 6.7 pages), 8 sources, MLA, £ 37.95
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Abstract
This paper examines how morality laws can be defined as laws that permit and forbid behavior and actions depending on whether or not they are considered ethical. It contends that governments should not legislate morality because it would mean imposing the beliefs of one group in a society over all members of a society, which would contradict with the right of freedom and encourage discrimination against those who follow a different moral system or religion.
From the Paper
"Governments do not have the right to interfere with the way people lead their lives as long as what they do is not harmful to society. In an essay entitled, "On Liberty," John Stuart Mill examines "the nature and limits of power which can be legitimately exercised" by a government over the society. As Mill argues, the role of a government in a society is to make laws that will protect the people's rights to live a secure life. By outlawing violence and theft, for example, governments are doing so without contradicting with the principle of individual rights and freedom. However, if governments were to make laws which forbid divorce, for example, saying that it is an immoral act that leads to the destruction of families, they will be interfering with the right of individuals to choose the way that they live their lives."
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Is Legislating Morality Immoral?, 2008.
An argument that the legislative attempts to moralize victimless behavior have created a crisis of over-criminalization in America.
1,558 words (approx. 6.2 pages), 3 sources, APA, £ 35.95
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Abstract
The paper addresses the phenomenon of over-criminalization in America today. The paper discusses how there is a proliferation of laws that punish people for behavior that, while considered immoral by some portion of the population, has no real victims and creates no lasting harms. The paper contends that although determining criminal behavior is a moral process, a freedom-based society has to balance society's moral views with the concepts of personal liberty and justice.
From the Paper
"To understand how overcriminalization happens, one must first understand criminalization. Lawmakers respond to societal pressures by creating laws to address new social issues. This is not an inherently negative process. For example, before the advent of the internet, many behaviors that are currently considered criminal were not considered crimes and placed people in danger of victimization. This has happened in the area of violent crimes as well. As recently as a century ago, child molestation was not generally acknowledged, and such behavior was certainly not criminalized. As society became aware that child molestation was a problem, the behavior began to be criminalized. Furthermore, as society became aware of how serious and dramatic the impact of molestation is on a child's life, legislators responded by increasing the penalties for those crimes. In circumstances such as those described above, criminalization is a positive phenomenon because it penalizes behavior that has the potential for creating serious harm and is, by its nature, victimizing."
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"Legislating Together" ( Mark Peterson ), 1995.
A critical review of this work arguing that the president and Congress do make laws together.
1,800 words (approx. 7.2 pages), 1 source, £ 43.95
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From the Paper
"Although Mark Peterson makes a strong case for an equitable distribution of power between the presidency and Congress in his book Legislating Together, it appears that such coalitions work in the majority of presidential terms, but not all. The author examines the politics of domestic policy during the administration of seven presidents, from Eisenhower to Reagan. Peterson concludes that the notion of the president as chief legislator is a myth. In reviewing Peterson's book, however, too many exceptions to his thesis exist to support a blanket acceptance of his contention that presidents and Congresses legislate together.
Peterson does an excellent job of presenting the complexity of the legislative process. A variety of forces go into the shaping of a final legislative bill. Many assume that ..."
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Enforcing Morals, 2001.
This paper takes a look at the different philosophical theories of Lord Devlin and H.L.A. Hart at enforcing morals.
2,100 words (approx. 8.4 pages), 8 sources, £ 45.95
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Abstract
This paper examines the theories of Lord Devlin and H.L.A. Hart - Two British philosophers who analyzed the concept of enforcing morals. It takes a look at these theories as applied in contemporary British society, compares their contents and argues about the relevance of their application today.
From the paper:
"Because of the diversity of cultural, ethical, and moral views and beliefs that obtain in contemporary Britain, the idea that the legal system may be used to legislate morality has become in the past generation ever more tenuous, casting doubt on both the philosophies of Lord Devlin and H.L.A. Hart. Both now seem to be limited in their philosophical application to legal and moral considerations in Britain in the 21st century; another way of saying this is to argue that when applied to British contemporary society Devlin?s theory on the enforcement of morality does not differ substantially from Hart?s at least in the legal implications of both. This paper examines this position."
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Immigration and Moral Turpitude, 2006.
A discussion of where the courts should draw the line in immigration cases involving moral turpitude.
5,700 words (approx. 22.8 pages), 17 sources, APA, £ 95.95
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Abstract
This paper studies deportations of immigrants based on crimes of "moral turpitude". The paper analyzes where courts should draw the line on these crimes. The paper begins with an historical overview of the legal precedent for the decisions. Since early in the history of U.S. federal immigration laws, explains the paper, criminal activity has been grounds for denying admission to the country, as well as for expelling or deporting immigrants. In the past decade, however, the number of deportations has dramatically increased, as the category of crimes involving "moral turpitude" has been significantly expanded. This research-based paper cites relevant case law in arguing that standards should be made more uniform.
Outline:
Introduction
Legislative History
Deportation Factors and Crimes Involving Moral Turpitude
Drawing the Line in Cases involving Moral Turpitude
Immigration Cases Involving Crimes of Moral Turpitude
Effect of Discrepancies in Cases involving Moral Turpitude or Aggravated Felonies
Conclusion
From the Paper
"As a result of the legislation, crimes involving moral turpitude, which rendered an individual deportable, essentially now included every possible offense. Cancellation relief is now wholly unavailable to anyone with an aggravated felony conviction. Asylum and withholding of removal, since 1990, have been likewise barred to aggravated felons. Withholding is now possible for an aggravated felon if the sentence was for less than five years, although immigration judges retain discretion to find that a lesser offense is nonetheless a particularly serious crime barring the criminal from refugee protections. The broadening of the definition of an aggravated felony has raised many questions as to where the line should be drawn involving crimes of moral turpitude. As a result of the broadening, practically any alien who commits a nontrivial crime, is subject to automatic expulsion. This is especially true if the crime fits one of the 21 paragraphs of the new definition of an aggravated felony. This result ensues even if the alien has been a lawful permanent resident since childhood, the crime and punishment took place decades ago, and he otherwise has a completely clean record."
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Gambling Legislation, 2003.
Examines how lobbyists, grassroots organizations, the general public and legislators work to get gambling legislation either passed or defeated.
5,687 words (approx. 22.7 pages), 33 sources, MLA, £ 95.95
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Abstract
This paper focuses on processes of passing or defeating gambling legislation in the United States. The paper begins with a literature review focusing on general lobbying. The paper then discusses, through interviews and participant observation, the way in which different actors in the legislative process work for or against their cause. The paper focuses on legislative procedures in Massachusetts, particularly on House Bill 2792, which would legalize Class III gaming as well as an Indian Casino in the state. The paper compares Massachusetts to other states in America.
From the Paper
"When he represented a tribe in a state that did not allow casinos, he had to lobby the state representative and the governor to allow casinos. They would pass a referendum in the community where the casino would be located to show the state that they were in support of casinos. He would then need to lobby the members of the state legislature to show them that a casino would be beneficial to the state, and it is supported in the community. His firm would have the Indian tribes contribute money to both democratic and republican campaigns, to ensure access to the legislatures no matter who was elected into office."
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The Legislative Process, 2006.
Two papers on the legislative process relating to nursing.
4,600 words (approx. 18.4 pages), 16 sources, APA, £ 93.95
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Abstract
This is a two fold paper on the legislative process. One is on the whistleblower legislation for nurses and the other is on the mandatory overtime legislation for nurses. The legislative process is also explained. The importance of these two pieces of legislation to both nurses and patients is discussed.
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Fast Track Trade Legislation, 2008.
This paper discusses fast track trade legislation and its relationship to other foreign trade issues.
1,535 words (approx. 6.1 pages), 4 sources, APA, £ 34.95
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Abstract
This paper explains that fast track trade legislation in the US is the process by which the President can introduce legislation to Congress involving trade agreements with foreign countries. The author points out that this type of legislation is unique in that there is a time limit on any debate and that the legislation must either be passed without modification or rejected altogether. The paper relates that the justification for fast track legislation is that it expedites trade negotiations with other countries but still allows congressional oversight. The author presents the issues of globalization, natural resource depletion, labor organizations and poverty in relationship to fast track free trade legislation.
From the Paper
"Labor organizations oppose free trade because it can mean a loss of jobs in certain sectors of the U.S. economy. The increase in globalization has also given rise to a large number of U.S. firms relocating production processes to other countries to benefit from cheaper labor costs. Labor intensive industries such as manufacturing and textiles have almost entirely left the United States. While American consumers as a whole benefit from lower prices for these goods when they are imported back to the United States workers who have lost their jobs may have a hard time finding new employment."
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The War Powers Act: An Analysis of Legislative Inanity, 2000.
An opinion piece as to why the War Powers Act is inane, empty and clearly an unconstitutional piece of legislation, the epitome of poorly constructed and inadequately thought out and executed legislation, and should be repealed.
945 words (approx. 3.8 pages), 3 sources, £ 23.95
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From the Paper
"The joint resolution "concerning the war powers of Congress and the President" was passed on November 7, 1973 above a Presidential veto; Congress made the decision to override the veto of President Nixon, a rare legislative occurrence. Such unified support among Congress indicates that the purpose of the act was primarily the self-aggrandizement of Congress, at the expense of the executive branch, compromising the balance of power. The War Powers Act is an inane, empty and clearly unconstitutional piece of legislation, the epitome of poorly constructed and inadequately thought out and executed legislation. It is frequently skirted and is most unclear. Further, it obfuscates responsibility and accountability of government officials. In the interest of the nation, the War Powers Act should be repealed."
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Delegated Legislation, 2005.
A discussion on delegated legislation in the United Kingdom.
2,250 words (approx. 9.0 pages), 9 sources, £ 61.95
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Abstract
This paper argues that delegated legislation within the United Kingdom is fraught with a number of perils. While it is expeditious and practical delegated legislation also can unwittingly expand the powers of the state to an intolerable degree and can diminish the legislative role of Parliament, for example. It claims that delegated legislation can endanger due process principles and can potentially threaten the concept of judicial stare decisis.
From the Paper
"The following paper will argue that delegated legislation within the United Kingdom is fraught with a number of perils. Specifically, while it is expeditious and practical, delegated legislation also can unwittingly expand the powers of the state to an intolerable degree and can diminish the legislative role of Parliament. More than that, delegated legislation can endanger due process principles and can (potentially) threaten the concept of judicial stare decisis. Therefore, as much as possible, delegated legislation should be avoided except in instances where the business of governance is such that it is impossible to do without it. With this in mind, it is to a ..."
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South African Apartheid Legislation, 2006.
A look at the success of legislation, introduced into 1950s South Africa, that was intended to suppress black interests in order to ensure white dominance.
3,197 words (approx. 12.8 pages), 8 sources, MLA, £ 63.95
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Abstract
This paper discusses how throughout the 1950s, the government of South Africa passed extensive legislation in an attempt to suppress the African population and ensure the dominance of white South Africans. In order to evaluate the success of government attempts to stifle black interests, it considers the impact of legislation passed during the 1950s. More specifically, the paper analyzes legislation regarding social, political and economic factors. It considers the impact of legislation relating to relationships between the different racial groups and government attempts to control the education of African children. The paper also analyzes the success of the government's attempts to protect the industrial interests of white workers by limiting the employment opportunities available to Africans.
From the Paper
"The restriction of black economic interests also played a key role in Government attempts to ensure white dominance. The Government's influx control policies were closely linked to economic factors; Posel contends that the Native Affairs Department viewed its influx control strategy as a method of 'rational' distribution of African labour between the cities and white farms. Verwoerd claimed that in the long-term apartheid required 'purposeful and deliberate economic segregation, not only by means of colour bars in regard to Bantu labour in white areas. But also by mechanisation of all labour activity to such an extent that the need for Bantu labour be reduced to a minimum' (Barnard, 'Thirteen Years', page 40). Beinart claims that the apartheid planners attempted to protect the interests of white workers and control the position of Africans in the labour market."
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The Story of 'Three Strikes' Legislation, 2004.
Position paper arguing that California's 'three strikes' legislation is an ineffective crime deterrent.
2,571 words (approx. 10.3 pages), 12 sources, MLA, £ 53.95
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Abstract
This paper describes the laws behind California's 'three strikes' legislation and argues that this legislation is neither a deterrent nor a balanced way of meting out justice. The paper then addresses the issue of capital punishment and contends that capital punishment is also an ineffective answer to rising crime rates. Finally, the paper contends that measures such as the 'three strikes' laws and capital punishment are the public's gut reaction to high crime rates and is similar to the public's gut reaction after 9/11, which gave the U.S. Attorney General sweeping powers under the guise of protecting America to suspect arrest people for the most petty and unfounded reasons; both reactions threaten the freedom and liberty that is so valued by American citizens.
From the Paper
"It has been said that only two things are certain ? death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime ? especially of a violent crime ? haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be assailed by images of murder, rape, and physical assault. And, it is not only Hollywood that is the villain. Both local and national newscasts revel in the depiction and discussion of violent acts: a child is kidnapped; a pregnant housewife disappears and is later found murdered; a ruthless killer stalks the streets of a large city. The media like to quote facts. Just yesterday, on April 27th, it was reported that the murder rate in California?s most populous urban areas had increased by eleven percent, this despite years of noticeable declines. The sudden upsurge was attributed to the State and the nation?s, faltering economy. But, many Californians are not convinced. Nor were they convinced by the multitude of theories that were put forth to explain the skyrocketing crime rates of the 1970s and 1980s. Joblessness, drug use, and lack of education may indeed inspire some to commit violent and antisocial acts; however, to a majority of citizens in the Golden State, the root cause of such behavior is much simpler. Like the Eighteenth Century Englishman who penned Hanging Not Punishment Enough, they hold firmly to the idea that an increase in criminal activity is fundamentally linked to the lack of a strong deterrent. The anonymous author of that pamphlet advocated the replacement of the ?relatively painless? punishment of hanging with more brutal forms of capital punishment, such as for example, breaking on the wheel."
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The New Deal and Banking: A Selective Legislative Analysis, 1998.
A paper which examines the legislation relating to Franklin Roosevelt's New Deal programs, in a bid to recover the American economy from the Great Depression.
3,156 words (approx. 12.6 pages), 7 sources, APA, £ 63.95
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Abstract
The New Deal was Roosevelt?s answer to the Great Depression and was aimed at the three R?s -- relief, recovery and reform. This paper reviews a selection of legislative laws that represent the three phases of the New Deal and their impact at the time on the economy and government. The paper makes use of historic references and economic theory principles to further clarify the intent of the legislation. In conclusion, it addresses agencies created during that time and points out legislation that is currently in effect today. The paper also explains how the legislation impacted the household through micro economic policies and theories, as well as money and banking.
Table of Contents:
Abstract
Introduction
Emergency Banking Act
Federal Emergency Relief Act
Agricultural Adjustment Act
National Industrial Recovery Act
Glass-Steagall Banking Act
Social Security Act
Fair Labor Standard Act
Conclusion
Bibliography
From the Paper
"On May 12 the Federal Emergency Relief Act, setting up a national relief system, passed and established the Federal Emergency Relief Administration (FERA) which appropriated 500 million dollars for quick relief. This act also created the Civilian Conservation Corps (CCC) with 250,000 immediate jobs for individuals between the age of 18 and 25. Members were supplied with food, shelter, transportation, clothing, medical care, and limited education. Projects undertaken by the CCC were reforestation, road construction, soil erosion, flood control, and development of national parks. Critics to the CCC claimed that this was ?make work.? By its end in 1941, 22 million persons had worked at over 1500 CCC camps across the United States."
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Canadian Legislation on Child Pornography, 2002.
Discussion of Canadian Legislation regarding child pornography on the internet, the effectivness of those laws ,and the enforceability of those laws.
2,400 words (approx. 9.6 pages), 8 sources, £ 61.95
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Abstract
This paper addresses this question in terms of both Canadian laws governing child pornography on the Internet, and the role of these laws in terms of wider international legislation and norms in this area. It will be argued that the key problem related to Canadian child pornography legislation and the Internet is not so much a need for stronger laws, but rather the enforcement of those that currently exist.
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