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Papers On Law & Legal Systems
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Posner’s Common Law - Does It Make Common Sense?
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Posner’s Common Law – Does It Make Common Sense?: This 6-page analytical essay examines Posner’s claims regarding common law and its relevance to efficiency. Opposing expert viewpoints are included, and linear conclusions are reached. Whether or not Posner’s ideas pan out, he has nonetheless provided the judiciary system with a very valuable launching pad. Bibliography lists 4 sources. SNPosner.doc
Filename: SNPosner.doc
Posse Comitatus / Sociopolitical Vigilantes
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An 11 page research paper on Posse Comitatus -- a Latin term denoting a sociopolitical movement which began in the late 1960's. Adherents to this particular brand of thinking feel that they are not bound to obey any authority figure higher than the county Sheriff. Paying income tax, making social security payments, and using license plates and driving licenses violate the inherent principles of this group. The writer outlines the group's history, Federal efforts to stop them, and specifically examines the role of Common Law, Constitutional Law upon which the Posse's arguments are based, and the Posse Comitatus Act developed after the Civil War --almost in expectation of such a group's forthcoming. A Bibliography lists 9 sources.
Filename: Possecom.wps
Post Termination Covenants and Unfair Dismissal
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This 7 page paper looks at a case study supplied by the student. Two long term employees are asked to sign a new contract with has a post termination covenant preventing them form working for a year in the same industry within a mile of the company’s offices. The paper looks at whether or not the restriction on trade is enforceable and if their dismissal as a result of refusing to sign the contract is an unfair dismissal. Points raised are supported with relevant case citations. The bibliography cites 6 sources.
Filename: TEpostterm.rtf
Potential Liability Following a Train Crash
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This 9 page paper considers a case supplied by the student where a series of errors leads to a train crash killing fourteen people. The paper looks at the potential liability of the train company under both tort and criminal law. The paper is written with reference to English law. The bibliography cites 5 sources.
Filename: TEtrainc.rtf
Power Of The Supreme Court
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3 pages in length. The decisions of recent Supreme Court cases revolve around a society that has become somewhat extremist. No longer do benevolence and humane ethics rule the land, but rather legal infiltration must work in tandem with a society lost to individualism. Issues such as gun control, presidential privilege, indiscriminant background checks via the Brady Bill and medicinal marijuana use have represented an entirely new and different approach to law interpretation and judgment. Bibliography lists 5 sources.
Filename: TLCPwrSC.rtf
Practical Law: Fairness of Rent-to-Own Contracts
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This 8 page paper discusses some of the legal issues that surround rent-to-own enterprises; includes interview. Bibliography lists 6 sources.
Filename: HVRntRev.rtf
Practical Law: Rent-to-Own Contracts
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This 8 page paper discusses some of the legal issues that surround rent-to-own enterprises. Bibliography lists 6 sources.
Filename: HVPraLaw.rtf
Preliminary Case Comparison
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A 5 page paper comparing a current and potential case to a
similar one that already has been decided by the California Supreme Court. In the current case, a
shopping center owner is concerned about her liability in an attack on a grocery tenant's customer
in the shopping center parking lot. The case of Ann M. v Pacific Plaza Shopping Center
contained similar circumstances and was decided in favor of the landowner. It is the aim in the
current case to win a similar judgment should the matter become a court issue. Bibliography lists
1 source.
Filename: KScaseComp.wps
Preliminary Rulings of the European Courts of Justice; Article 234 EC
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This 5 page paper explains Article 234 EC the tool by which the EU seek to ensure uniformity of the interpretation of EU laws. The writer explains what this article is, how it works and the impact that it has had on legal decision made within the European Union. The paper fully cites many European cases in order to emphasis the points made.
Filename: TEart234.wps
PRESIDENT’S COMMISSION ON LAW ENFORCEMENT
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This paper examines the 1967 President's Commission on Law Enforcement and Administration of Justice, the history of the commission and the impact of its recommendations. Bibliography lists 4 sources.
Filename: MTprecom.rtf
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