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Papers On Current/Popular Legal Issues
Page 122 of 164
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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; 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
Statutory Law Does not Reflect Social Change
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Brown v. Board of Education passed into law in 1954, Miranda v. Arizona in 1966, and the Warren court has been out of existence for decades. New laws passed in the U.S. include all kinds of dictatorial aspects including the issue of Homeland Security where the Privacy Act has usurped all rights to an individual’s privacy. This is similar to reasoning behind the Sarbanes-Oxley Act, which requires public corporations to keep an electronic copy of every type of correspondence ever passing in or out of a company (including email and post it notes) so that a companies records are complete in case the company investigated by the Federal government. As this shows, statutory controls have gotten out of hand, not the least of which includes an ancient criminal justice system. 4 works cited. jvStatut.rtf
Filename: jvStatut.rtf
Street Drugs in Jersey City
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A 10 page research paper which has as its premise that this is a report for the Jersey City Police Department from a criminal justice expert pertaining to the problem of the ready availability of street drugs. The report, first of all, offers a statement of the problem, and then outlines what research has suggested are possible social causes for this type of crime. Then, the report focuses on research pertaining to prevention programs and how private businesses and neighborhood residents can work collectively with law enforcement to prevent drug abuse. Bibliography lists 8 sources.
Filename: khdrujc.rtf
Strict Liability and the Consumer
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This 5 page paper examines strict liability under consumer law with specific reference to the cases of Wings Ltd v Ellis (1984), and Alec Norman Garages Ltd v Philips [1984]. Looking at the implication of these cases and the subsequent interpretations of he concept of strict liability. The bibliography cites 5 sources.
Filename: TEstrict.rtf
Stricter Gun Control Leaves People Vulnerable
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A 4 page paper which argues that stricter gun control laws will leave people more vulnerable to violence and increases violent crimes. Bibliography lists 4 sources.
Filename: RAguuv.rtf
Strikes Move to Two
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This 5 page paper examines a current bill in
Congress, HR 1989 concerning action to amend
title 18 of the United States Code to provide life
imprisonment for repeat offenders who
commit sex offenses against children.
Bibliography lists 4 sources. .
Filename: BBhr1989.doc
Sui Generis and Database Protection
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This 14 page paper considers the protection that is granted to databases under EU law with the application of sui generis, which is embedded in Directive 96/9/EC on the legal protection of databases. The protection that is afforded is discussed and the way this has changed since Simon Chalton posed a rhetorical question in the title to his 2001 article "Database Right: Stronger than it Looks?" The bibliography cites
Filename: TEdatsuigen.rtf
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