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Papers On Supreme Court & Constitutional Law
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Lucas v. South Carolina Coastal Council
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This 8 page paper examines the meaning of this oft cited case concerning property rights. A summary of the case is provided. Bibliography lists 5 sources.
Filename: SA017prp.wps
Lujan v. Defenders of Wildlife
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A 5 page paper which discusses the ethical court case
of Lujan v. Defenders of Wildlife. The case is examined in terms of the controversy, the
litigants, the court's decision, and the reasoning behind the decision. No additional sources
cited.
Filename: RAlujan.wps
Madison's Federalist Papers
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A 6 page paper which discusses how the major ideas of the Federalist Papers #10 and #51 influenced and shaped the guiding philosophy and institutional structures of the constitution of the United States. Bibliography lists 2 sources.
Filename: Fpapers.wps
Marbury v. Madison
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A 5 page research paper on this Supreme Court case. The writer details the history surrounding it, the decision itself, and its historic significance. Bibliography lists 8 sources.
Filename: Marbury.wps
Medicare Fraud and Abuse
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The 1990s into the new century have seen a cleanup of Medicare fraud and abuse through various case law filed under the False Claims Act (FCA) 31 U.S.C. Section 3729 et seq., and subsequent passage of privacy acts. Two of these cases were U.S. v. Barry Weinbaum, et al. and U.S. ex rel. James F. Alderson v. Columbia/HCA. Bibliography lists 6 sources. jvMedFra.rtf
Filename: jvMedFra.rtf
Miranda Reassessed
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A 6 page paper discussing Miranda's return to the Supreme Court in the form of United States v Dickerson. The individual confessed to robbing several banks while being questioned by the FBI, then claimed he did not understand he could have
remained silent, that confession was unnecessary. A lower court has claimed that under 18 USC 3501, Dickerson's confession was voluntary and therefore admissible in court. The paper argues that both Miranda and 3501 have a place in the US justice system, that both should be retained. Miranda is only invoked at the time of arrest; 3501 prevents the guilty from being able to confess prior to arrest so they can later claim they failed to understand their rights, orchestrating their escape from justice. Bibliography lists 8 sources.
Filename: KSMiranda.wps
Miranda v. Arizona (1966)
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A 1 page brief of the case involving the police detainment and questioning of four defendants without advising them of their right to silence or their right to an attorney. Determined that such interrogation did not adequately provide for the Fifth Amendment privilege against self incrimination, the “right to remain silent unless he chooses to speak in the unfettered exercise of his own will”. No additional sources are listed.
Filename: PPlawBr5.wps
Modern Law and the Case of Ruxley Electronics;
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This 6 page paper considers the case of Ruxley Electronics and Construction Ltd v Forsyth in the context of its' precedent being representative of modern law. The case is examined in the context its' interpretation of the award of damages being granted in line with a pleasurable contract and limited in terms of the damages awarded despite the breach of express condition. The paper cites many cases to illustrate the points raised. The bibliography cites 10 sources.
Filename: TEruxley.wps
Morality and the Government: Abortion
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A 3 page paper which examines the government’s role in determining the morals of a nation. The paper focuses on abortion. Bibliography lists 4 sources.
Filename: RAlwabrt.rtf
National Security & Constitutional Issues
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This 8 page paper looks at the strengths and weaknesses of the American government as they relate to the pursuit of national security objectives. Highlighted is a discussion on scientific data as well as the effect of the Internet on the continuing struggle to achieve a balance between individual rights and the physical and financial well being of the nation. Bibliography lists 6 sources.
Filename: Natsec.wps
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