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Papers On Law & Legal Systems
Page 49 of 272

Case / The Role of Ius Commune in Medieval Law
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6 pages defining the concept of Ius Commune and explaining a specific Medieval Jurist's decision in a particular model case based upon this fundamental principle. The case involved a widower seeking to retain her dowry -- against the will of her late husband's family who wanted it for themselves. The case itself is not available. No Bibliography.
Filename: Medivlaw.wps

Case 10.1, Power Abuse: Yes or No?
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This is a 5 page paper discussing Case 10.1 in regards to officers Andrews and Conn claim against the Philadelphia Police Department. In the case of Andrews and Conn against the Philadelphia Police Department, they have a legitimate claim for sexual discrimination based on their co-workers, and supervisor, being responsible for the creation of an offensive and hostile working environment. Title VII and definitions by the Equal Employment Opportunity Commission (EEOC) include the use of lewd language and posting of lewd materials in public working areas as part of a hostile working environment which occurred on many instances in this case as well as many other offensive acts. In addition to the creation of the hostile work environment, the supervisor in the case was aware and did nothing to correct the situation which holds him and his employer accountable for the creation of a hostile work environment. Supervisors, superiors and those in legitimate power positions should implement an Affirmative Action Plan within the workplace and follow this with anti-harassment training for their employees in order to correct discrimination and to prevent future occurrences. Bibliography lists 3 sources.
Filename: TJCs1011.rtf

Case 7-2, Japan - Taxes on Alcoholic Beverages
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A 4 page case brief of an international trade dispute brought before the World Trade Organization (WTO) Dispute Settlement Panel in 1998. Canada, the European Union and the United States complained to the WTO that Japan imposed lower taxes on its locally-produced shochu, an alcoholic beverage. The complaining entities maintained that by imposing higher taxes on imported alcoholic beverages, Japan violated Article III, paragraph 2 of the GATT 1994. The WTO panel agreed. Bibliography lists 1 source.
Filename: KSintlLawJapan.rtf

Case Analyses Regarding Witness Identification, Search and Seizure and Entrapment
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This 9 page paper examines five questions submitted by a student related to law. Several actual cases are utilized to analyze issues pertinent to proper identification of suspects and what constitutes a proper search and seizure. Bibliography lists 5 sources.
Filename: SA638law.rtf

Case Brief: Balistreri v. Nevada Livestock Production Credit Association
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A 3 page brief of this 1989 case in which a couple completed a deed of trust on their residence by mistake. The California court of appeals found that there was no contract, because both Appellants and Respondent were mistaken in their intent and statements. No sources listed.
Filename: KSlawBrBalis.rtf

Case Briefing: State v. Kuntz
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This 3 page paper is a legal briefing of the State v. Kuntz action argued before the Supreme Court of Montana in 2000. Bibliography lists 3 sources.
Filename: HVStKunz.rtf

Case Briefs
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An 8 page paper providing briefs of four cases: American Canoe Association v. Murphy Farms, Balistreri v. Nevada Livestock Production Credit Assn., Oz Technology Incorporated v. Environmental Protection Agency and Sengoku v. RMC International. Bibliography lists 6 sources.
Filename: KSlawBriefs.rtf

Case Commentary: First Amendment Rights
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11 pages in length. Constitutional freedoms have long been worthy of both verbal and physical battle; indeed, to interfere with one's inherent constitutional rights is to intrude upon the very essence of American democracy. Nowhere is this more evident than in Village of Skokie v. National Socialist Party of America, where a Nazi demonstration had been purposely planned for this primarily Jewish community of Holocaust survivors as a means by which to test the strength of First Amendment power. Was the town within its rights to refuse such a demonstration? Was the American Nazi Party within its rights to demonstrate with such obviously devious intentions? Clearly, the crux of First Amendment strength is the manner by which content cannot be censored merely because someone does not like what is being said. However, there are instances when words are spoken with the specific intent to illicit a violent response, which is known as the Fighting Words Doctrine; in this case, First Amendment rights do not protect such provocation. Bibliography lists 8 sources.
Filename: TLC1stAm.wps

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