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Papers On Law & Legal Systems
Page 203 of 272

States' Rights in the United States of America
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This 7 page paper looks at the rights of stats in light of the constitutional convention and in the nineteenth century as well. The question of slavery is addressed in terms of the creation of the Constitution. The Dred Scott decision is also examined. Bibliography lists 1 source.
Filename: SA014Sts.rtf

Statutes: Similarities And Differences
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3 pages in length. Statutes are created as a means by which to better govern certain areas of social policy that lack specification (Hyman, 2002); while those statutes that are "enacted to deal with fraud in these specific programs have become necessities" (Schreiber et al, 2002, p. 707), there are also times when they become excessively burdensome to the overall objective because they unnecessarily duplicate existing statutes. Not only does this increase the amount of official procedure required to draw up and enact the particular statute, but it also has the potential to cause a great deal of otherwise avoidable confusion where application is concerned. Examples of this redundancy can be found with such statutes as false claims and fraud statutes within the health care industry. Bibliography lists 4 sources.
Filename: TLCStatSimDf.rtf

STATUTORY INTEPRETATION AND THE COURTS (AUSTRALIA)
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This 6-page paper discusses varous aspects of Australian law, most specifically the banning of importation of dangerous chemicals and littering in a public place.
Filename: MTstaaus.rtf

Statutory Interpretation
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This 19 page paper considers the role of statutory interpretation and the limits placed on the judiciary. Looking at a quote form Lord Diplock " When Parliament legislates to remedy what the majority of its members at the time perceive to be a defect or lacuna in the existing law (whether it be the written law enacted by existing statutes or the unwritten common law as it has been expounded by the judges in decided cases), the role of the judiciary is confined to ascertaining from the words that Parliament has approved as expressing its intention what that intention was, and to giving effect to it" the view expressed is discussed looking at the different forms of interpretation and the way the judiciary are limited or may be seen as rewriting the law. Numerous cases are cited to support all points raised. The paper is written with reference to English law. The bibliography cites 25 sources.
Filename: TEstatintp.rtf

Statutory Interpretation: Hubert and the Idea of Moral Turpitude
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This 4 page paper uses a client-supplied summary of Section 241(a) of the Immigration and Nationality Act of 1952, 66 Stat. 204, 8 U.S.C.A. Sec. 1251 (a) to explain why a resident alien cannot be deported under this section.
Filename: HVSec241.rtf

Statutory Interpretation; The Case of Royal College of Nursing of the United Kingdom v DHSS (1981) and the Abortion Act 1967
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Judges are often in the position where they have to interpret the law and what a statue means. This 6 page paper considers how this is undertaken in English law, such as the literal rule and the golden rule. These are then applied the different methods of interpretation to this well known case looking at each judges reasoning. The bibliography cites 5 sources.
Filename: TEstatin.rtf

Stephen J. Adler's "The Jury: Disorder In The Courts"
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7 pages in length. Stephen J. Adler's The Jury: Disorder in the Courts illustrates quite clearly how the American judicial system has ruptured an integral component of its allegedly fair and impartial sequence: the jury. At issue is the means by which Adler contends jurors are selected and dismissed, as well as how uneducated far too many of them are as to a given case's critical factors. In essence, Adler wrote this book in order to draw attention to how the phrase 'jury of one's peers' is often the exact opposite and how the entire process – from calling people to jury duty to finding out why jurors voted a particular way at trial's end – has trickled down to reflect a substandard representation of society as a whole. Bibliography lists 5 sources.
Filename: TLCadler.rtf

Stop H-3 Ass’n., et al v. Coleman
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A 3 page summation of a case involving opponents to the construction of a highway through the Moanalua Valley on Hawaii’s Oahu island. The facts of the case, procedural history, question before the court, ruling, rational and disposition are discussed. No bibliography is offered.
Filename: khh3oahu.rtf

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