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Papers On Law & Legal Systems
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Minorities and Women: Having a Fair Shake, Having a Fair Share
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8 pages. Justice Harlan, in his famous dissenting opinion in Plessy versus Ferguson, argued that the constitution was color-blind, and neither knows nor tolerates classes among citizens. Justice Blackmun, in his remarks on the much later affirmative action case of Regents of the University of California versus Bakke, argued that in order to treat some persons equally, we must treat them differently. These two conflicting issues represented in Harlan’s and Blackmun’s judicial statements must be analyzed carefully in order to discern the carefully reasoned arguments that each presented. The question must be asked, how successfully do affirmative action policies and the arguments for and against them address Harlan’s and Blackmun’s principles? Examination of the fourteenth amendment and the ways the Supreme Court has come to interpret it, as well as the general law and affirmative action, must be addressed within their historical and social context. Bibliography lists 5 sources.
Filename: JGAmnwmn.wps

Taxman vs. Piscataway / Employment Discrimination & Title VII Affirmative Action
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A 5 page paper that provides an analytical case study of the US Circuit Court of Appeals case of Taxman vs. Piscataway, and considers how this case might have been evaluated by the US Supreme Court. Bibliography lists 1 source.
Filename: Taxman.wps

The Philosophies Of Plato -- Applied To Today's Affirmative Action Debate
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A 10 page paper discussing affirmative action from the philosophical perspective of Plato. Both sides of the debate over affirmative action are briefly presented. Bibliography lists six sources.
Filename: Affpoli.wps

Title VII – Outlawing Racial Discrimination
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This 15 page paper explores Title VII of the Civil Rights Act of 1964, which outlaws discrimination. Bibliography lists 6 sources.
Filename: HVTtlVII.rtf

Australian Family Law and Custody Concerns
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This 15 page paper covers this issue fully in addition to examining divorce issues and family violence. Changes in trends in divorce is the focus of this paper that looks at models like fifty-fifty parenting. Australia Family Law is discussed. Bibliography lists 14 sources.
Filename: SA636Aus.rtf

'Reckless Disregard' aka Libel
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This 5 page report discusses the basics of libel law within the realm of mass communication. The writer discusses the courts' definition of libel as well as noting several cases dealing with 'reckless disregard.' Bibliography lists 7 sources.
Filename: Rdlibel.wps

'Storm Center' / The Supreme Court In American Politics
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In 5 pages, the writer discusses David M. O'Brien's book, and makes a general analysis of the point and ideas thereof. No additional sources cited.
Filename: Storcent.wps

'The Marble Palace' / The Supreme Court In American Life
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In 5 pages, the writer discusses John P. Frank's The Marble Palace: The Supreme Court in American Life, and gives a general analysis of points, ideas, etc. No additional sources cited.
Filename: Marbpal.wps

'The Right To Bear Arms' Analyzed
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A 6 page paper examining the most controversial portion of the U.S. Constitution, the Second Amendment, or 'the right to bear arms.' A historical background will be provided to illustrate the Founding Fathers' rationale behind placing this as one of the most fundamental of citizens' rights, the recent controversy regarding the Second Amendment, and the reasons why Americans still need the right to bear arms in contemporary society. Bibliography lists 5 sources.
Filename: Beararms.wps

“A Hanging” by George Orwell: Executions Today
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A 3 page paper which examines how hangings today are as brutal as the one detailed in George Orwell’s story “A Hanging.” Bibliography lists 3 sources.
Filename: RAorhang.rtf

“Benjamin v. Lindner Aviation, Inc.”
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This 5 page paper examines the Iowa Appellate Court case “Benjamin v. Lindner Aviation, Inc., a 1995 ruling that turns on the definition of found property. Bibliography lists 1 source.
Filename: HVBenLin.rtf

“Brown v. Board of Education: A Brief History with Documents”
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A 2 1/2 page paper which reports on Waldo E. Martin Jr.’s “Brown v. Board of Education A Brief History with Documents.” No additional sources cited.
Filename: RAbrwnmr.rtf

“Courtroom 302” by Steve Bogira
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A 5 page paper which examines Steve Bogira’s work “Courtroom 302” and discusses how his work demonstrates the justice system and how that justice system does not really seek justice. No additional sources cited.
Filename: RAcr302.rtf

“Due process and the concept of justice”
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A twelve page paper which looks at the way in which due process operates, the social and cultural constructs which may affect it, the relationship of the concepts of fairness and justice to that of due process and some of the historical and cultural elements which have influenced the modern judicial system. Bibliography lists 8 sources.
Filename: JLdueproc.rtf

“Hart’s Rule of Recognition”
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A seven page paper which examines Hart’s rule of recognition in terms of the function of primary and secondary rules in the legal system and society as a whole, and considers the ways in which the rule has been critiqued and explicated by commentators such as MacCormick and Hart himself. Bibliography lists 5 sources
Filename: JLhart.wps

“Innocence Lost: The Verdict”: A Review of the PBS Film Documenting a Child Sexual Abuse Case in North Carolina
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A 5 page overview of the film. The author of this paper relates the major events of the film and compares it to the HBO docudrama “The McMartin Trial”. In each film the subject is the alleged sexual abuse of children. In “Innocence Lost” the accused, Robert Kelly is found guilty despite the existence of practically no hard evidence. In “The McMartin Trial” the members of the McMartin family are absolved of guilt. This paper emphasizes the relative worth of the documentary verses the docudrama format and concludes that while Kelly serves his consecutive life sentences in jail, the McMartin’s serve theirs in an environment in which they will never be able to fully escape societal suspicion and disdain despite their proclaimed innocence. No sources are listed.
Filename: PPinnoce.rtf

“Insult to Injury: Libel, Slander, and Invasion of Privacy” by William K. Jones
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A 3 page paper which summarizes and briefly analyzes “Insult to Injury: Libel, Slander, and Invasion of Privacy” by William K. Jones. No additional sources cited.
Filename: RAinsult.rtf

“Life and Liberty” in Two Supreme Court Cases
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A 7 page paper comparing the concept of “life and liberty” in the context of two Supreme Court cases. The Fourteenth Amendment of the Constitution of the United States declares that neither states nor the federal government shall “deprive any person of life, liberty, or property without due process of law.” The primary issues in both Goldberg v. Kelly, 397 U.S. 254 (1970) and Mathews v. Eldridge, 424 U.S. 319 (1976) is that of due process. The complaint of each is that individuals have been denied liberty as a result of having been denied due process, but the Court decidedly differently in each case based on the different entitlement programs contained in each. Bibliography lists 4 sources.
Filename: KSlawLifeLiberty.rtf

“Natural Crimes” and “Legal Crimes”
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This 5 page paper discusses “natural crimes” (“mala in se”) – crimes that are morally wrong; and “legal crimes” (“mala prohibita”) – crimes that are illegal only because the law says so. Bibliography lists 4 sources.
Filename: HVnatlgl.rtf


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