ESSAYS -
LIST OF AVAILABLE ESSAYS ...
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“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

“No Crueler Tyrannies” by Dorothy Rabinowitz
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A 3 page review of Dorothy Rabinowitz’ “No Crueler Tyrannies.” No additional sources cited.
Filename: RActy.rtf

“Older Workers and the 1967 Employment Act”
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A five page paper which looks at the way in which the 1967 Age Discrimination Employment Act is utilised by older workers in cases of unfair dismissal and discrimination, and considers the perception of older employees in general by corporations. Bibliography lists 4 sources.
Filename: JLolderworkers.wps

“Overriding interests and land registration”
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A six page paper which looks at the topic of land registration and overriding interests, considers the way in which such interests can interfere with the use and enjoyment of land and assesses the possible ways in which the law could be changed in order to allow prospective purchasers to make an informed decision prior to the purchase of land. Bibliography lists 2 sources
Filename: JLOverride.rtf

“Plea Bargaining and the Role of the Judge”
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A five page paper which looks at the history of the process of plea-bargaining in American courts, and considers how far the role of the judge has been undermined by the participation of attorneys in charge- and fact-bargaining, and the ways in which current initiatives are endeavouring to return control of plea-bargaining to the judiciary. Bibliography lists 2 sources
Filename: JLpleabarg.wps