ESSAYS -
LIST OF AVAILABLE ESSAYS ...
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UK Law; Discrimination by Sexual Orientation.
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This 8 page paper considers the cases of R v Ministry of Defence ex parte Smith, [1996] IRLR 347 as well as Lustig-Prean and Beckett v United Kingdom (1999) [Application Nos 31417/96 and 32377/96] and compares the findings of the national court with that of the European court. These cases involved serving remembers of the armed forces that were administratively discharged as they were found to be homosexual. The bibliography cites 7 sources.
Filename: TEdishom.rtf

UK Property and Trust Law
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This 9 page paper considers three questions posed by the student regarding property left in trust in a will and the way in which the trustees will deal with complications and how the Land Registration Act 2002 has made the adverse possession of land with registered title almost impossible. The bibliography cites 9 sources.
Filename: TEproptr.rtf

UK Tort Law; Can The Need To Prove Negligence Be Seen As Immoral?
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This 5 page paper consider the law of tort. Only under one type of tort is there a need to prove negligence, the writer argues, using case law, that this both unfair an immoral. The bibliography cites 6 sources.
Filename: TEtortim.rtf

Undue influence in Barclays Bank v O’Brien
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A five page paper which looks at the concept of vulnerable partners and undue influence in Barclays Bank v O’Brien, a case which deals with a situation whereby a lending institution has to protect itself against the consequences of a guarantor being subjected to undue influence by the borrower as a result of their emotional relationship. Bibliography lists 5 sources
Filename: JLBarclays.rtf

Unethical Business Practices: Legal Overbilling
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This 6 page paper discusses the practice of overbilling in the legal profession. Bibliography lists 3 sources.
Filename: HVovrbil.rtf

Unfair Dismissal
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This 9 page paper examines the concept and application of unfair dismissal in English employment law. The paper looks at the introduction of unfair dismissal, the founding concepts and how this is seen in the application of unfair dismissal in different circumstances. Included is a discussion of who is protected and when dismissal is deemed to have taken place, the potential of constructive dismissal, the potential reasons for dismissal that may be seen as fair and the Employment Act 2002 (Dispute Resolution) Regulations 2004. Numerous cases are cited. The bibliography cites 7 sources.
Filename: TEunfaird.rtf

Unfair Labor Practices And The NLRB
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A 6 page paper. The National Labor Relations Board was established in 1935 under the Wagner Act. Its purpose is to assure unfair labor practices are remedied. As such, the Board investigates allegations brought against an employer by a union or brought against the union by an employer. This paper provides an overview of the NLRB, examples of unfair labor practices by the employer and by the union, and the results of three specific cases. Bibliography lists 8 sources.
Filename: PGNLRB.wps

Uniform Commercial Code - Article 9
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A 9 page paper that discusses parts of Article 9 of the U.C.C. The emphasis is on explaining secured and perfected security interests. Article 9, sections 203 and 403 are explained along with brief explanations of other sections and definitions. Several cases are reported that illustrate how courts are likely to rule in cases that involve two creditors. Bibliography lists 6 sources.
Filename: PGuccl9.rtf

Union Recognition under UK Employment
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Law This 6 page paper considers the question of if and when an employer can be forced to recognise a trade union in the UK. The writer includes consideration of the Employment Relations Act 1999 and recent cases. The bibliography cites 5 sources.
Filename: TEtradun.rtf

United Kingdom: Employment Law - Unfair Dismissal
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This 22 page paper reports and explains unfair dismissal as outline in the Employment Rights Act 1996 and the Employment Rights Act 2002 and the changes made in the interim. There are any number of contexts for an unfair dismissal claim, for example, claims related to maternity leave or to trade union activities. Some of the multitude of Codes of Practice are discussed, such as those ACAS issued in 2000 regarding Disciplinary and Grievance Procedures. Many of the changes in the 2002 Act were actually enacted prior to this Act, such as the qualifying years of service for unfair dismissal claims and the increase in the maximum awards. Tribunal cases are used to illustrate why a tribunal may find the dismissal fair or unfair. Data regarding the number of cases going to tribunals are reported as a justification for changes in the procedures. The writer comments on whether the 2002 Act was more advantageous to the employer or the employee as compared to the 1996 Act and its subsequent revisions. Data are included. Bibliography lists 15 sources.
Filename: PGUKemp.rtf