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40157-Law-School-Revision.doc, 2008.
An admissions essay for law school that provides several options for application to different schools of law.
1,700 words (approx. 6.8 pages), 0 sources, $ 55.95
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Abstract
This is an admissions essay for prospective law students. It provides both a personal and professional background and includes an explanation and/or reasons for the drive and desire to enter a school of law as well as various options for applying to specific schools which stress different areas of speciality.
From the Paper
"This opportunity to finally put my abilities as a lawyer to the test was pivotal for me. Although I had never prepared a case for a real trial before, I was excited and optimistic. By examining every aspect of the case's documentation, gaining full insight into Russian taxation legislation, and applying my logical reasoning and judgement, I was able to prepare a strong argument supported by the statutes to prove that the actions of the Revenue Board were in fact unlawful."
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Intellectual Property Rights, 2008.
The paper discusses two main aspects of intellectual property rights; trademark infringements and patent infringements. An overview, case study and conclusion is given for each topic.
1,192 words (approx. 4.8 pages), 3 sources, MLA, $ 40.95
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Abstract
There are two main topics in this paper dealing with intellectual property rights; trademark infringements and patent infringements. The paper provides an overview of each topic including case law and a conclusion for each section. The paper reaches the conclusion that the patent protection and infringement process is substantially more complex than that of the trademark infringement violation.
Outline:
Trademark Infringement
Overview
Case Law
Conclusions
Patent Infringement
Overview
Case Law
Conclusions
From the Paper
"Essentially, infringement of a patent occurs if one's protected item or process was sold or used without permission and/or compensation in any country where a patent has been granted to a party. This applies to Canada as well as any other country. Obviously no patent protections will be provided in a market in which a patent has either not been applied for or where the patent process does not exist in any mature form."
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Critical Incident Management, 2008.
This paper analyzes the influence of scenario-based planning in institutional strategic management for security organizations.
780 words (approx. 3.1 pages), 1 source, APA, $ 27.95
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Abstract
In this article, the writer discusses the influence of scenario-based planning within the policy measures found within critical incident management (CIM) for security organizations. The writer notes that with terrorism and natural disasters, such as 9/11 and Hurricane Katrina, this form of policy creating apparatus is helping to insure that authorities, organizations, and other people involved in security have a set of guidelines to follow in case of a future emergency. Many security agencies are currently using a scenario-based policy to enable officials and security personnel to adapt and understand emergencies and to follow set rules to keep order and stability in these types of organizations. The writer concludes that the primary facets of scenario-based planning are an influential part of how institutional strategic management is now being incorporated into modern security organizations.
From the Paper
"The role of scenario-based planning within security organizations has been a major influence in how policy in constructed for disasters or violent threats to any agency. Security firms have often used various models to help bring about possible scenarios to help create order and return normal functionality to many processes that include the safety of personnel, financial security, and the way that the organization is able to solve possible problems. With a new policy initiative focused on the necessity future scenarios, there is a general consensus through these organizations to bring forth ways to handle problems through their possible causal factors, rather than having to react with uncertain immediacy to events that were not premeditated."
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Breyer's Active Liberty Approach, 2008.
A review of Justice Stephen Breyer's active liberty approach to interpreting the US Constitution.
1,577 words (approx. 6.3 pages), 5 sources, MLA, $ 51.95
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Abstract
The paper discusses how US Justice Stephen Breyer takes issue with originalism as an approach to interpreting the US Constitution and advocates what he calls active liberty, which is a far more activist way of interpreting the Constitution. The paper also describes the intellectual profile of Justice Breyer in the context of his work, his life, his writing and his peers and argues that Justice Breyer's active liberty perspective is a useful one for dealing with the complex constitutional issues that arise in our dynamically evolving society.
From the Paper
"Many of the provisions of the Constitution are somewhat vague. Indeed, it is notoriously difficult to write legislation that is entirely unambiguous in all situations. This means that at times, a judge's task of interpreting and applying the law can seem more like an art than a science. Some judges favour textualism, which means that they try as hard as possible to stick to the letter of the laws as written. For example, Justice Antonin Scalia advocates "originalism," meaning that the courts should attempt to stick to the original meaning of constitutional texts (Ryan). However, other judges tend to be more activist, and have even been accused of using their position to pursue their own agenda, in effect legislating from the bench. "
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Analysis of Intelligence Support for Homeland Security, 2008.
This paper is a critical analysis of the United States' intelligence support for homeland security in dealing with the prevention of terrorist attacks.
3,574 words (approx. 14.3 pages), 14 sources, MLA, $ 99.95
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Abstract
This paper discusses the degree of progress being made in intelligence support for Homeland Security. The paper notes that the progress is primarily due to the expansion of government surveillance powers through the authority of the USAPatriot Act, the issuing of executive orders by the President authorizing controversial NSA wiretapping and other covert anti-terrorism measures, new intelligence programs, and recent modifications of FISA. The author states that these actions have enabled the Intelligence Community to improve and expand their efforts to prevent terrorist attacks on the United States, but that numerous problems still need to be overcome if future attacks are to be prevented. Furthermore, the author argues that there is increasing fear that far too many intelligence related government activities are covert and classified, which heightens the risk of abuses of power.
From the Paper
"In addition to dealing with domestic consequences in the form of Congressional oversight investigations and court challenges based on civil liberties and privacy issues, Intelligence Community officials also face the possibility of being indicted and prosecuted by the International Criminal Court. American government personnel involved in detainee interrogations are at the greatest risk because of their participation in controversial activities such as renditions and the ongoing use of enhanced interrogation techniques.
"The Bush Administration opposed the establishment of the ICC and argues that granting such a court with the global power and jurisdiction to bring American citizens to trial could lead to abuses. The current occupant of the White House and various cabinet officials have publicly expressed concerns about the ICC on various grounds, but the underlying reason for U.S. opposition to the International Criminal Court is that American Intelligence Community personnel, government agency officials, and soldiers could be brought before the ICC to be prosecuted for violations of international law and the Geneva Conventions."
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John Locke, 2008.
This is a historical study and analysis of John Locke's philosophy towards the American Declaration of Independence and his influence on the American Revolution.
2,530 words (approx. 10.1 pages), 8 sources, MLA, $ 76.95
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Abstract
This essay analyzes the importance of John Locke's philosophy on the American Declaration of Independence of 1776. The paper analyzes various segments of Locke's "The Second Treatise of Civil Government," the philosophical influence of the 'government by consent' for American leaders who sought to create a new representational republican government. This paper argues that the basis of Locke's philosophy on governing is readily applicable to the way and manner in which personal liberties took a greater value in early America. By understanding the premise of life, liberty, and the pursuit of individual liberties, Locke's philosophy represents a major influence on how America's revolution created a republican government that denied absolutist governmental institutions within this historical period.
From the Paper
"The ultimate act of revolution must stem from a dissolution of the laws that had once formed the unity of government. Locke also proposed this solution when a government had violated its own laws, especially through the corruption of those that rule or make these laws in association with the people. For the Founding Fathers, the ideology of representational government had become paramount, as they had virtually no rights to legally debate or vote in laws that might be beneficial for them, as well as the British government. They defined these beliefs through Locke's understanding of the inherent right of those being ruled to have a legal representation, even under a monarchy..."
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Three Legal Doctrines, 2008.
Examines three legal doctrines: criminal liability, strict liability and justification of criminal conduct.
1,535 words (approx. 6.1 pages), 6 sources, APA, $ 50.95
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Abstract
This paper relates that criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant. The paper also relates that strict liability assigns some minimum level of social behavior and conformity to the actions of individuals; hence, it does not require the principle of mens rea to hold. Next, the paper reports that justification of criminal conductrefers to any act that would ordinarily be considered a crime but is negated by the fact the action was used to mitigate some aspect of criminal activity.
Table of Contents:
Criminal Liability
Strict Liability
Example 1
Example 2
Example 3
Justification of Criminal Conduct
From the Paper
"Self-defense as a justification for criminal conduct is not uncommon and simply refers to actions taken by an individual to prevent another individual from inflicting harm. For example, if a burglar enters an individual's premises and during a struggle gets killed, this can be classified as self-defense. However, choosing to not walk away from a challenge and killing or hurting an individual who attacked, may not be self defense.
"The defense of others is similar to the self-defense scenario above except the act of defense is done by another party."
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Strict Liability, 2008.
An analysis of how legal costs and social costs are affected within a society by the strict liability rule via a comparison with negligence.
1,365 words (approx. 5.5 pages), 0 sources, APA, $ 45.95
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Abstract
This paper presents a general framework that explores aspects of the law and then presents a comprehensive analysis to highlight how aspects of strict liability affect activities related to optimal care levels and most importantly how strict liability relates to negligence.
Table of Contents:
Abstract
Introduction
Example 1
Example 2
Example 3
The Efficiency of Strict Liability: Negligence versus Strict Liability
Negligence versus Strict Liability: Legal, Economic, and Social Perspectives
From the Paper
"There is however, arguments that strict liability as a criminal process can lead to an unbalanced and unfair legal system, since it imposes guilt without due process. Is this a violation of individuals Constitutional Right and is imposing some social value or process on their activities or behavior? A typical example in many US is related to statutory rape - that is, this is considered a strict liability offence in many states. That is, not knowing the actual age of a minor is irrelevant in many states and the accused can be prosecuted and convicted irrespective of the details behind the case."
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E-Commerce and Intellectual Property Law, 2008.
A review of the importance of patents, copyrights and trademarks as they relate to intellectual property law and e-commerce.
707 words (approx. 2.8 pages), 2 sources, APA, $ 25.95
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Abstract
This paper discusses intellectual property law as it relates to e-commerce and business on the Internet. It lists and describes the several types of trademark infringement that can occur in the realm of e-commerce. The paper specifically focuses on the importance of patents, copyrights and trademarks as they relate to intellectual property law.
Table of Contents:
Introduction
Knowledge is Key
Legal Protections
Summary
Conclusions
Recommendations
From the Paper
"Patents have become a popular method of protecting products sold over the Internet. If one company fails to obtain a patent for a product, another company is destined to do so. Although patents offer protection, they can also link several companies together in a web of "cross-licensing agreements". This is actually beneficial, as patent infringement can then be avoided, and at the same time, each company in the web earns a royalty (citing Anonymous, 1996; Mykytyn & Mykytyn, 2005, p. 51). Copyrights are also great protection for those companies using e-commerce to sell their goods. User interfaces and graphical displays are protected by copyrights, as they are considered output created by a program (citing Nimmer, 1997; p. 52). Additionally, E-commerce sites that link to one another without authorization are not only unethical, but are also a copyright infringement. Trademarks are also effective and can be "any word, phrase, slogan, graphic image, musical phrase, distinctive sound, or other symbol used in the offer and sale of goods" (p. 52). This is to protect the public from confusing or misidentifying two products that may be very similar."
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The Legal Drinking Age in the USA, 2008.
A discussion on the current laws in USA regarding drinking alcohol.
2,417 words (approx. 9.7 pages), 5 sources, APA, $ 73.95
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Abstract
This paper discusses the legal age for alcohol consumption in the USA with the author making a case that the national drinking age minimum should be 18 rather than the current age of 21. The author includes reference to several laws that have been introduced in the past, finishing his argument by stating that not lowering the legal limit is diminishing the freedom of this age group.
From the Paper
"It could be a weekly experience in reading any number of national newspapers, watching a national cable news broadcast, or overhearing a conversation in a grocery store check-out line, another teen tragedy of drinking. Almost as often there is discussion of the current level of American Armed Forces casualties in any number of the theaters of in the armed conflict our nation is embroiled in. A common thread between the two is the age of the focus of conversation, 18 years old. On one hand an eighteen year old youth is old enough to bravely fight and pay the ultimate price in the defense of the country, yet they are not old enough to participate in an activity that is perfectly legal (at the proper age), socially acceptable, and encourage by popular culture. There are a number of very important responsibilities that society expects of the eighteen year old, yet polling data indicates that the some society is opposed to letting this same age legally drink alcohol. We are blessed to live in a free society, and the proper way is regulate illegal activity, the sometime unfortunate consequences of alcohol consumption, not ban the activity altogether. This is an issue of personal freedom and responsibility. A free society expects its members to behave within legal parameters, not lord over its members like "Big Brother" or an omnipresent nanny."
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Internet Gambling, 2008.
Evaluates the Unlawful Internet Gambling Enforcement Act of 2006.
1,635 words (approx. 6.5 pages), 4 sources, APA, $ 53.95
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Abstract
This paper explains that the Unlawful Internet Gambling Enforcement Act of 2006, which was intended to create regulations for Internet gambling and prevent money laundering and fraud from occurring online, ultimately adversely impacted the rights and freedoms of Americans, other nations and business entities. The paper clarifies the legalities, ethics and social responsibility of this act and points out the sanctions that were allowed by nations through the World Trade Organization against the United States because of the law. The author concludes that, since the law has been determined to be unjust, it is the ethical obligation of the U.S. to abolish the law and create new legislation, which will not hinder the rights and freedoms of stakeholders.
Table of Contents:
Introduction
Legalities
Ethics
Social Responsibility
Conclusion
From the Paper
"Nevertheless, as time progressed, Rose (2000) discussed that most nations were hesitant to control Internet gambling because it required an intricate examination of the laws where the gambling originated, the multiple server locations that were involved in the gambling activity and the laws regarding gambling in the country where the betting took place. Rose (2000) stated that, in the United States, several pieces of legislation were proposed since the 1990s that were intended to create governmental controls over Internet gambling, with several proposals outlawing Internet gambling altogether."
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