Thesis for Law 34 - Legal Research Papers - Spring 2006
Parental consent and notification should not be required for teenage abortion because it poses a threat to those living in unsupportive home environments and the news of pregnancy could precipitate emotional abuse, physical abuse or rejection from the home, while at the same time prompting the teenager to seek risky back-alley abortions or delay obtaining appropriate medical care because of not being able to comply with the requirements of the parental involvement laws.
The act of a personal manager procuring a recording contract for an artist without a license does not of itself violate public policy.
The Talent Agencies Act defines a talent agency as any “person or corporation who engages in the occupation of procuring, offering, promising or attempting to procure employment or engagements for an artist or artists. . . .” Personal managers, on the other hand, operate without the constraints of the Act and licensing limitations. They have greater flexibility and may also gain additional income from artists by producing projects in which the artist performs. Yet the Act outlines limited circumstances in which personal managers can actually procure employment thus complicating the issues involved.
While most American's find the idea of homosexuals getting married a threat to the institution of marriage, the alternative idea of domestic partnership falls short of both spiritual and legal benefits.
Requiring that sex offenders register every year with their local police departments for the rest of their lives does not protect citizens who think that sex offenders will comply with CCP §290 guidelines based upon their own personal sense of duty, honesty and integrity.
The Department of Corrections is mandated by California Penal Code § 3604(a) to carry out punishment of death by lethal gas “or by an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death…” and does not violate the Eighth Amendment of the United States Constitution.
Thesis for Research paper…..Right of Privacy…The Terri Schiavo case
Does the state have any business intruding into the right to privacy: the right of individuals----or whoever they designate to step in if incapacitated----to decide on health care and other issues affecting their lives.
The act of escaping from prison normally results in felony charges against the prisoner, however, the defense of necessity has been successfully argued when certain circumstances are present.
For the past two centuries, the death penalty has been the subject of bitter debates, which leave a lot of people doubting or challenging the justice system whether it is considerate cruel and usual punishment or not. Can any criminal be rehabilitated, or are the crimes so grave and evil that death is the only just punishment? Is it right for the state, acting in our name, to put criminals to death, when many guilty sentences have been overturned due to D.N.A testing? We question the justice system; we, the hard working people, have to pay so much to support the death penalty, yet the death penalty is ineffective. Because it prevents rehabilitation, it is very costly, and chokes off the possibility of acquittal; therefore the death penalty is ineffective.
---- Federal Forfeiture Laws should be the standard by which California Forfeiture Laws are applied because they are more effective in stopping and mitigating criminal activity associated with the selling, manufacturing or cultivating of narcotics on real property.
Technology has provided new and better ways to make the workplace more efficient, which includes new ways to observe employees’ at work. Many of these new electronic options are proving to violate employees’ privacy rights.
The California death penalty is an inadequate means of penal punishment for the ultimate heinous crime of capital murder. The death penalty is defined as “a sentence imposing death as punishment for a serious crime; A penalty that makes a person or entity ineligible to participate in an activity that the person or entity previously participated in.” An individual who commits murder is in violation of California Penal Code section 187 (a): “Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.” The definition of malice aforethought is “The requisite mental state for common-law murder, encompassing any one of the following: (1) the intent to kill, (2) the intent to inflict grievous bodily harm, (3) extremely reckless indifference to the value of human life (the so-called, “abandoned and malignant heart”), or (4) the intent to commit a dangerous felony (which leads to culpability under the felony-murder rule).” One cannot interview a convicted killer after he/she has been put to death. Therefore, society cannot place itself in the mindset of the convicted killer leading up to his final destination point, execution. Society does have the ability to interview the family and loved ones of a deceased victim of murder. How many of those would say that the execution of the murderer brought them no absolute peace of mind.
My plan is to do my final research/writing paper on the California death penalty. I am against the death penalty as a method of penal punishment. Although I do not know the exact angle I will approach as of yet, I do know that I do not believe a death sentence is enough punishment for a heinous crime i.e. capital murder. Although there may be some or much anguish on the part of the convicted knowing that their life will ultimately be taken, I do not feel it equals to the anguish of living out a life sentence without the possibility of parole. I feel that prison life, day in and day out is more of a death sentence in the sense that it is a mental, emotional, and spiritual death that is played out daily for what in a convicted persons mind could seem like eternity. The knowing that one day their anguish will end may be more consolation than living, “eternal” damnation in the flesh.
Through the use of licensing agreements and other anti-competive measures, Microsoft has created a barrier, which has enabled it to maintain its dominance in the PC arena. These measures have made it economically difficult for its rivals to compete and has limited the alternative to the Windows OS for the public.
Thesis Statement for Research Paper
DANGEROUS TOBACCO: Smokers, like all consumers, have a right to a safe product. A safe product is one that is not harmful when used as the manufacturer intends it to be used. Tobacco companies, according to smokers themselves, violate this smokers' right, this constitutional right we all have.
"Every regular cigarette smoker is injured.... Cigarette smoking kills some, makes others lung cripples, gies still others far more than their share of illness and loss of work days.
Tobbacco companies have a record of suing to prevent government inspectors from finding out what is in tobacco.
Roe v.Wade has been a controversial ruling since 1973, in particular during confirmation hearings for Supreme Court nominees.
My paper is going to be on the topic of the Child Online Protection Act, or for short, COPA. This is Congress's latest attempt to censor the Internet. Our online First Amendment rights are threatened by this legislation in much the same way they were with its predecessor, the defeated Communications Decency Act (CDA).
I firmly believe that seniors only housing is unlawful and is a discriminatory housing practice. And, it totally ignores and violates the provisions set forth in the 1988 amended Federal Fair Housing Act. (fn1) My concern is that this flawed policy sets a bad precedence which sends a dangerous message to some housing providers that it’s okay to exhibit discriminatory conduct against the very classes that Congress intended to protect.
-Title of the Paper - Employers Beware: Employer Liability for Supervisory Harassment -Thesis
The employer could be held liable for a supervisor’s harassment of employees even though the employer was unaware of the behavior.
-Thesis Statement
Historically, employers were not vicariously liable for employee’s intentional torts, including sexual assaults unless they were aware of such behavior and they supported it. In addition past Title VII cases have held that supervisory sexual harassment fall outside the scope of employment because it is motivated solely by individual desires and serves no purpose to the employer.
However, in recent cases, The Supreme Court has argued that sexual harassment is foreseeable in a workplace and an employer should bear the costs of this behavior, even if the employer is “unaware of such conduct”. To limit this liability and as a matter of public policy, the employer may raise affirmative defenses in certain circumstances to such liability based on the reasonableness of the employer’s conduct as well as that of the plaintiff victim. In contrast, generally the employer liability for a co-workers’ sexual harassment of employees requires knowledge of such behavior. These cases have held that the employers are liable where the employer knew or should have known about the harassment and failed to take immediate remedial action. These cases are treated separately from supervisory cases since supervisors have special authority enhancing their capacity to harass the plaintiff employee. In the same line of cases, employers may also be liable for harassment by non-employees (such as customers) under certain conditions when an employer failed to take steps to prevent the harassment.
Hence the trend of recent cases requires extra caution by employers to avoid liability for sexual harassment caused by employees. Specifically the employers should monitor the “supervisor employees” and reasonable care should be exercised to prevent and correct promptly any sexual harassing behavior. In addition employers should provide a system to allow any employee to report such behavior immediately to the employer. To make things even more complicated for the employers, in 1998 The Supreme Court has extended Title VII protection for sexual harassment to Same–Gender sexual harassment. fn.5 Hence if the employer fails to monitor the workplace, the employer could be held liable for a supervisor’s sexual harassment of the employees -Scope of the Paper The focus of this thesis is Title VII of the Civil Rights Act of 1964 and the extent of the employer’s liability for sexual harassment of employees especially by supervisor staff. The thesis will also discuss and compare such liability as a result of sexual harassment by other co-workers and also by non-employees.
Countless numbers of children fall through the cracks of the various social services agencies and are abused by their care takers as a result of these departmental oversights. These oversights often have adverse effects and severe consequences, both short term and long. Abused children suffer from severe mental and emotional through to adulthood, not to mention the physical injuries (ie:brain damage) that will require long term care.The economy is often forced to carry the burden of caring for these children after they are abused. Not only are there countless numbers of abused children that are reported after the child has been killed or is severely injured, but there are even more cases that go undocumented. Many times abused children are returned to the parent that abused them and then are more severely beaten or even killed. Past abusers are not properly monitored after an instance of abuse, this is due to a lack of training in the social services department and a lack of supervision over the social workers. Many adults that file suit against the social services departments or the court that returned them to an abusive environment do not prevail. The court nor the social services department bear any fault when it comes to abused children.
Lawyers owe a duty of care to the expert witnesses they retain. Attorneys are responsible for ensuring that their experts understand the legal principles required to be proven by all parties to a lawsuit in their attempt to prevail. Failure by a lawyer to uphold this responsibility creates a joint tortfeasor in the attorney and thereby allows recovery by the expert for equitable indemnification from the lawyer who retained the expert should the expert be sued by the underlying client for professional malpractice.
Because Congress shall make no law respecting an establishment of religion, prayer should not be in public schools. Public schools are for learning, not for praying. Public schools have no right to assume parental authority by imposing religion on schoolchildren.
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The U.S. Government has violated Americans First Amendment rights with respect to unreasonable searches which are conducted under the Patriot Act.
Thesis
“To be undue influence in the eye of the law there must be – to sum it up in a word – coercion … It is only when the will of the person who becomes a testator is coerced into doing that which he or she does not desire to do, that it is undue influence.” Lord Justice Hannen, Wingrove v. Wingrove, 11 Prob Div. 81 (1885)
Has the court overstepped its boundaries? What is proof of undue influence? Who has influence on the testator if not the beneficiary? The agent? The attorney? The doctor? The clergyman? The fiancé? The court violates the essence of a will in the process of defining what it believes the testator intended.
---- The city of San Diego v. John Roe is a case in which the petitioner believes that his first and fourteenth amendment rights were violated. After being terminated from his job as a City of San Diego police officer for engaging in sexually explicit acts on the internet, Roe filed a suit alleging his rights were violated. Roe’s rights in this case were not violated. Roe is a sworn public official and has different standards to live by; therefore this law suit is without merit. This Man’s rights have not been violated. ----
Smoking bans in the United States make it possible for citizens to enjoy there constitutional right of clean air.
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For my research project I was going to write about the Taking Clause but I was having some trouble finding information on it. The California Dog Bite statue would be a more interesting topic for me to write about and there is a large amount of information available on it. I got this idea because just recently on the news was a case of a woman being attacked by a dog and she suffered terrible injuries from the dog bite. Is it okay to change my topic?
Thesis Statement:
California Civil Code section 3342 imposes strict liability on the owner of a dog when the dog bites a person. In this State, a dog does not get "one free bite." This statue is aimed at preventing dogs and their owner misconduct and gives prosecutors the power to enforce felony charges on anyone that owns a dangerous dog that bites another individual. This statue does not infringe on the freedom of dog owners nor is it aimed at targeting one specific breed of dog that is known to be dangerous. This statue should serve as the model rule for other states to follow. Unfortunately other states such as Ohio and Colorado have specific statues or ordinance that are breed specific and does not serve a very effective approach for regulating dog’s behavior in communities. These states place certain bans on specific breeds of dogs such as the Pit-bull terriers. Although these bans may help to comfort individuals who have had unpleasant experiences with particular breeds of dogs or heard of attacks by specific dog breads such as rottweilers in the media. The bans are ineffective in that they are not practical and they don’t properly regulate the behavior of any breed of dogs or their owners Currently Certain people are trying to pass similar bills through the legislature in California. This sort of legislation is unreasonable and discriminatory. The California Dog Bite Statue is a good law for many reasons. Those of which I plan to discuss in this paper.
Because many death row cases are overturned thru appeal,and alleged suspects are set free or have already been executed, our legal system fails the wrongfully accused.
--- Taking the extra time to get a warrant can be beneficial in the long run. If you as a police officer is expecting to serve someone with a Warrant we might also obtain an Search Warrant. It can make a different in how the officers actually obtain evidence. Sometimes when an officer is anxious to make an arrest, forgets to obtain certain legal documents that are necessary for the case against the person that is going to be served. I believe that due to this reason there should be a legal counselor that can have constant communication with the police officers. Not only should the police officers contact the District Attorney’s office but also have legal counsel available to them.
In Texas v. Johnson the petitioner which is the state, is seeking to convict Gregory Lee Johnson for publicly destroying an American flag, which is a violation of Texas State law. Johnson’s defense is that he is protected within the First Amendment “Free Speech”. After publicly burning an American flag as a means of political protest, Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. The question is whether the burning of the flag is a part of First Amendment. Burning the American Flag is not a form of free speech.
--- Although other manufacturers are following General Motors lead, GM is the leader in both technology and installation of the event data recorders, or so called “black boxes”, in its passenger vehicles. These devices record pre- and post-accident data in the event an airbag is deployed, such as speed, brake status, and whether or not the driver and passengers were wearing seatbelts. Since 1990, GM has been gradually increasing the quantity of data that these devices store. The National Highway Transportation Safety Administration published a paper “Recording Automotive Crash Event Data” that analyzes GM’s EDR’s, including detail on the data stored in each variation of the device and a technical explanation for how the data is recorded. Drivers beware as law enforcement, insurance adjusters, and car rental agencies are increasingly using the data from these so called “black boxes” against us.
If The Lemon Test survives more than a couple of years after two Bush appointments, I'll be shocked.
The complex dynamics within the hearsay rule and the exceptions to the rule make hearsay, an ambiguous law.
Why is the Landlord/Tenant Law needed? Was this law created more for the Landlord or the Tenant?
t is not in the public’s best interest to have juvenile offenders tried as adults since it does not reduce or prevent juvenile crime and when incarcerated in adult prison, recidivism is higher and so is the cost to taxpayers.
Post conviction exonerations provide a great opportunity to reexamine the strength and weaknesses of our criminal justice system and how they bear on the all important question of factual innocence. There is a strong scientific basis for believing these matters represent just the tip of the iceberg of cases. Notwithstanding the research opportunities presented by the post-arrest and post-conviction exoneration cases as to how wrongful accusations and convictions occur, the most significant implication is the extent of factually incorrect convictions in our Justice system must be greater than anyone wants to believe. In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S. Ct. 1778 (1992), the court observed that the Supreme Court has “recognized the fact that the WRIT OF HABEAS CORPUS is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.” Harris v. Nelson, 394 U.S. 286, 290-91 (1969), “Therefore, the writ must be “administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected.” The process of the “Writ of Habeas Corpus”, as it applies to the State of California, and the difficulty that has arisen in the application of this right to cases where eventually the individual was exonerated, will be addressed. ---------
Sexual assault is now recognized as one of the more significant problems in modern Western society, ranking as a societal ill with nonsexual crime, poverty, environmental damage, communicable and chronic disease, and substance abuse. The severity of the problem of sexual assault is the result of the number of individuals who are victimized and the degree of harm they suffer by their victimization. Large-scale surveys using stratified random samples of the general population have informed us of the prevalence of sexual assault. Approximately one half of adult women surveyed report having experienced some form of sexual victimization since the age of 14, and approximately one in six adult women have experienced penetrative rape.
Divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce in some states, including California by one party. Divorce laws are complex and vary greatly from state to state Divorce issues enclose a lot of things , first it comes the legal issues on child support, spousal support, child visitation, child custody, property, social security benefits from retirement, court and attorneys fees, getting a counselor for children and parents and so on .A recent statistics shows that almost half of all marriages end in divorce. Divorce is difficult for everyone involved, but maybe the hardest on children.
Earlier this month the United States Supreme Court approved a package of proposed amendments to the Federal Rules of Civil Procedure that will make dramatic changes to the process of discovery of "electronically stored information." Barring the enactment of legislation by Congress, these new rules will take effect on December 1, 2006. Those practicing in today's digital environment must must be familiar with these rule changes and with the electronic discovery process. Severe sanctions await attorneys, and their clients, who fail to fully comply with the requirements for preservation and discovery of electronic data.
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