Papers On Law & Legal Systems
Page 49 of 104
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Judicial Reasoning
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8 pages in length. Roland Case's "Understanding Judicial Reasoning : Controversies, Concepts, And Cases" addresses issues that society has been grappling with since the creation of the Constitution: How much of the law should be left up to personal interpretation and how much should be followed to the letter? Indeed, the extent to which contemporary judges impart their own legal perception is part and parcel to what Case attempts to tackle within the pages of his insightful account. Particularly interesting is how the author addresses three distinctive methods of reasoning that serve to define the decision-making processes of today's legal system, which include reasoning from interpretive guidelines; reasoning from prior cases; and reasoning from principle. Bibliography lists 9 sources.
Filename: TLCJudRe.rtf
Judicial Restraint and Judicial Activism
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This 10 page paper examines judicial review and looks at these two juxtaposed concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources
Filename: SA142jst.rtf
Judicial Review
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The debate over whether or not the courts should embrace judicial restraint or judicial activism is reviewed in this 5 page paper. The purpose of judicial review is discussed. Roe v. Wade is highlighted as an example of a case that continues to be discussed as both an exemplification of restraint and review. Robert Bork is portrayed as a contemporary philosopher who supports restraint, or even discarding review altogether. Bibliography lists 6 sources.
Filename: Judrev.wps
Judicial Review
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(5 pp) In Federalist 78, Alexander Hamilton said
that "the judiciary... has no influence over either
the sword or the purse...it may truly be said to
have neither force nor will, but merely
judgment...the judiciary is beyond comparison, the
weakest of the three departments of power...".In
this discussion we will assess the validity of
Hamilton's comments in light of recent Supreme
Court decisions.
Bibliography lists 6 sources.
Filename: BBjudrev.doc
Judicial Review
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This 10 page paper consider the circumstances in which there may be the right to apply for judicial review under UK Law. The bibliography cites 15 sources.
Filename: TEjudrev.rtf
Judicial Review # 2
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In 6 pages, the writer discusses the concept of judicial review, what it is, how it works, agencies involved, etc. Bibliography lists 5 sources.
Filename: Jrev2.wps
Judicial Review & Its Ultimate Impact Upon Public Administration/Book Review
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4 pages in length. An analytical review of Earl M. Maltz's book entitled "Rethinking Constitutional Law: Originalism, Interventionism, and the Politics of Judicial Review" in which the writer finds Maltz's views to be unrealistic because they tend to de-recognize the human qualities of judicial members. This essay largely examines political participation and its role in public administration. Standard bibliography lists more than 10 sources and a Free annotated bibliography details their usage in brief. Please send us e-mail for more details.
Filename: Judicial.wps
Judicial Review and the Marbury vs. Madison debate
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7 pages.
This paper will consider whether the exercise of the judicial
review is legitimate. The question here is whether judges who
are not elected should be able to overturn the actions of a
democratically elected legislature. Ever since Marbury v.
Madison, a debate has raged about this question. Within this
paper the debate is researched, and the major points for and
against judicial review are pointed out, as well as which side
appears to have the stronger argument and why. Bibliography
lists 9 sources.
Filename: JGAjudrv.wps
Judiciary Powers/ British Judges
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A 19 page research paper that explores the statement that while judges do not have the power to create law, they can effectively "declare" law. To support this thesis, the writer turns to the case of the Speluncean Explorers, the Pinochet case, and Hurley, v. Irish-American Gay, Lesbian and Bisexual Group of Boston. Bibliography lists 6 sources.
Filename: khbritj.rtf
Junk E-Mails
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This 26 page paper considers the legal aspects of unsolicited e-mails using US law. The writer focuses on e-mails that advertise pornography, however, many of the issues raised are applicable to all junk or spam e-mails sent. The writer considers the use of federal and state laws, the use of trespass to chattel and the overall attitude of the courts and compares the regulation of this type of 'spam' against other forms of direct advertising, such as faxes ad direct mail. The writer also considers what type of legislation should be used to regulate unsolicited e-mails. The bibliography cites 40 sources.
Filename: TEemailu.rtf
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