Papers On Current/Popular Legal Issues
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Judgments in Ashworth Frazer v Gloucester CC & Royal Bank of Scotland plc v Etridge
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Analysis of the Appeal Court and House of Lords judgments in two recent cases, with regard to the wider implications of the two decisions.
Bibliography lists 4 sources.
Filename: JLashworth.rtf
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 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
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
Kirby and a Decision Granting Unlimited Power
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This 6 page paper considers the judgment made by Kirby J in the case of Building Construction Employees and Builders Labourers Federation of New South Wales V Minister for Industrial Relations (1986) 7 NSWLR 372, which appears to give the Australian legislature unlimited power. The writer argues that this decision was wrong. The bibliography cites 5 sources.
Filename: TEauspow.rtf
Labor Laws And Collective Bargaining
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A 12 page paper that begins with a comprehensive explanation of the labor laws that govern employer-employee relationships, i.e., the National Labor Relations Act and the Taft-Hartley Act. This is followed by an examination of collective bargaining and current thoughts about this process, how the power has shifted in management-labor relations and the shifts during recent years. The writer then outlines what employers cannot do and what union/employees cannot do pursuant to the laws. Under the heading of what employers can do to resist attempts to form a union, the writer provides an example of one company where unionization attempts have consistently failed and lastly, under the heading of working with the union, the writer discusses another company that changed the relations between labor and management to make the process less conflictive. Bibliography lists 10 sources.
Filename: PGunlb.rtf
Law And Abortion
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In 1973, Roe Versus Wade defined the parameters of legality
for abortion as the first trimester of pregnancy. The decision was written by
Justice Harry Blackmun and based on the rights of privacy. This 5 page paper
explores a number of issues involved in helping the student to decide whether
that decision was legally correct. Bibliography lists 5 sources. Footnotes
are utilized.
Filename: KTlawabt.rtf
Law and the Enforcement of Morals
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This 10 page paper considers the way in which both Lord Devlin and Lord Hart argued that the law should, and could, enforce a moral code on society. The writer considers the views of these two men in the context of a contemporary society, where there are public concerns over paedophiles, terrorism and the way in which the law operates. The writer argues that we have now reached a point where the principles outlines in the views of these two men have been left behind with a greater complexity of social development and group moral conscience. The bibliography cites 11 sources.
Filename: TEdevlin.rtf
Law of Intellectual Property Rights, Technology Transfer, and
Government Involvement
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This 25 page report discusses the
protection of intellectual property and how it has become a
source of great concern in terms of technological advancement,
business profitability, diplomatic relations, and even artistic
expression. As the world becomes increasingly dependent on
information technology to transact the business of day-to-day
life, questions constantly present themselves as to what
“knowledge” belongs to whom and how that knowledge is received
and utilized. The report also considers the importance of
effective regulation governing intellectual property rights.
Bibliography lists 21 sources.
Filename: BWintlaw.wps
Law Review / Avalanches & Liability
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A 7 page research paper on avalanche predictions, postings, and cleanup in light of federal, state, and torte law. Also considered are contract, negligence and manslaughter. Bibliography lists 12 sources.
Filename: Avalanc.wps
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