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Papers On Law & Legal Systems
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Criminal Liability and the Failure to Act
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This 7 page UK law paper critically examines the situations in which a person can be liable in criminal law for an omission to act. The paper looks at different types of omission, where a duty to act is express or may be implied and the way the courts deal with omission to act where there may be a moral if not legal duty. The paper also makes a brief comparison with France where there is a positive duty to act. The bibliography cites 6 sources.
Filename: TEfailact.rtf
Criminal Mischief
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This 8 page paper examines the concept of criminal mischief and how it plays out around the world and in various states. New York is highlighted and other states and nations are mentioned. Bibliography lists 10 sources.
Filename: SA417NY.rtf
Critical Elements of the Contract of Sale: Relation to the Laws of Ancient Rome
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An 8 page overview of the elements which go into contracts of sale. Identifying three critical elements of sale (the agreement, the thing sold, and the price), the author traces each of these elements to the laws of ancient Rome. Bibliography lists 5 sources.
Filename: PPcontr2.rtf
Critical Legal Studies Movement; A Criticism of the Marxist View on Law and Society
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This 10 page paper considers the perspective of the critical legal studies movement, the way in which it different from traditional jurisprudence and the way that it interprets the use of legal theory along with the successes and failures of the movement. The writer then goes onto consider the critical approach that is manifested in the Marxism perspective of law and society through the critical Marxists. The bibliography cites 10 sources.
Filename: TEclsmar.wps
Critical Thinking/ "A Civil Action"
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A 5 page research paper that analyzes the case in Jonathan Harr's book A Civil Action, which describes a riveting law suit from the early 1980s, in which five families from a small town, Woburn, Massachusetts banded together to gain justice against two large corporations. The families felt that these corporations were responsible for polluting their water supply and, consequently, causing the deaths of their children from leukemia. This case--how it was handled, the evidence that was presented, and the final outcome--illustrates the complexity of deciding matters such as this within the legal system. No additional sources cited.
Filename: khharr.wps
Critique Of 'The Case for H.R. 1534: Equal Access to the Courts'
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A 5 page paper discussing the implications of the Private Property Rights Implementation Act of 1997, which gave property owners claiming violation of their constitutional rights regarding the use of their land equal access to federal district court already enjoyed by anyone else making a similar claim for any reason but land use. Before the rule, it could take years for a property owner to be allowed access to federal court by state courts�one elderly lady spent six years and untold legal fees before 'winning' a Supreme Court case allowing her case to be heard in a federal district court.
Filename: Eqlacc.wps
Current Issues in Commercial Speech and How the Supreme Court is Deciding These Issues
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A 15 page paper discussing various settings in which commercial free speech has been challenged in recent cases and focusing on the influence that the Central Hudson test has had on all of them. Justice Stevens attempted to effect a change in determining whether First Amendment protection is warranted in specific cases in the 44 Liquormart case and again in the Greater New Orleans Broadcasting case. Cases now in lower courts combined with the results of these and other cases indicate that changes in determination of First Amendment protection may well be on the horizon. Bibliography lists 9 sources in 38 footnotes.
Filename: KScommSpeech.rtf
Current U.S. Immigration Laws
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A 6 page paper summarizing the basic points of US immigration laws in the post-9/11 environment. Immigration requirements already were difficult for many before the September 11, 2001 terrorist attacks. Since then, they have become quite stringent. Bibliography lists 5 sources. A companion PowerPoint presentation is available.
Filename: KSlawImmig.rtf
Custom and International Law
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This 10 page paper considers how custom can be seen as a key component of international law. The paper argues that the basis of international law is custom due the flimsy structure and the requirement of consensus and agreement. The bibliography cites 10 sources.
Filename: TEcustomint.rtf
Customary Law
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This 5 page paper looks at how customary law may be seen in mainstream law and the issues of customary law form alterative cultures, such as aboriginal law and sovereign law and the difficulties of both co-existing. The bibliography cites 7 sources.
Filename: TEcustlaw.rtf
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