Law School Essays (Examples)

Law School Application My Personal and Academic

Law School Application

My personal and academic experiences have armed me with the dedication and skills that are necessary for success in law school. I hope to obtain a law degree, allowing me to adapt my unique blend of experience and education to the study and practice of law. I feel that I have both the compassion and academic ability, in addition to the commitment to excellence and tenacity that will help ensure my success both in law school and the legal profession.

I have dreamed about being involved in the legal profession for many years. My love and fascination with law only grew during my years in school, as a learned more about the study and practice of law. I found myself drawn to the complexities of law, and law's seemingly endless potential to serve the greater community.

I have a strong commitment to learning about and communicating with…… [Read More]

Law School I Was Born

At this point in my life I am very interested in the study of constitutional law. I believe that the constitution is the instrument by which powers of the state are created and regulated, the rights of the people are enshrined and protected, the checks and balance between the branches of government are enforced. While I want to make changes in India's legal system in areas such as human rights, environmental policy, workers protection, family law, and business law, I know I need to have a good basis in constitutional law to be able to make all these.

I know that law school will be difficult. However, I believe that as a disciplined and diligent student who has worked to help provide for my own education, I know I will be able to overcome difficulties. I believe that my life experiences and education path have prepared well for the tough…… [Read More]

Law School Admission

lose the will to win. Keep the focus on the goal, not on your nerves.

The buzzer. I can practically hear the sound. I can taste the sound in the split second before time is called. I throw the shot. We win. I win. My team wins. I have thrown the shot, but achieved a common goal.

All sports, especially collegiate team sports are competitive and cutthroat. But no sport demands the mental discipline and the split-second cool of basketball. No sport forces a player to think on her feet like basketball. Basketball games move fast, and points are made swiftly on both sides. Seconds, shots, can determine the course of an entire team's destiny. No movement can be wasted. One must act as a team and still think as an individual.

I admit that I am biased in my love for this game. After all, I was the team…… [Read More]

Personal Statement for Law School

This is important, because the ability to realize that you do not know everything; means that you are always open to new ideas. The study of the law involves being able to understand these new ideas and effectively adapt to them.

My life experiences help me to be a well rounded student. This is because my work experience, in the real world, has taught me the importance of being able to understand the field in depth. As I have followed and participated in a number of different areas that have helped to increase my understanding of the law. After seeing up close, how this field of study works, I knew that I had to be a part of it; as I could never stop thinking about different issues surrounding the law.

The biggest reason why I want to study in the U.K. is because of the extensive background that I…… [Read More]

Personal Statement for Law School

This is why I consider the legal system to be the only means available for people to defend their rights, without discrimination for their position, as an accused or plaintiff.

There are many misfortunes that take place every day. In a lot of these situations, there are people who cannot benefit from a proper defense of their interests and who fall prey to the legal systems throughout the world. Innocents are accused without being given a viable chance to defend themselves; poor individuals often cannot stand up for their rights and become victims of the system. From this point-of-view, I consider that the mission of a lawyer is precisely to make sure that such abuses do not occur. My personal experience with the legal system as a child has made me consider the importance of proper defense against abuses, of any kind, for each of us. Due to an unfortunate…… [Read More]

Personal Statement for Law School Admission

Personal Statement

Decide what you want, decide what you are willing to exchange for it. Establish your priorities and go to work." -- H.L. Hunt immigrated to the United States when I was seventeen from Seoul, South Korea. I came not only with a keen interest in bettering myself but also the desire to observe, study and learn the legal and moral tenets that govern United States society. I wished to become fluent not only in English but also the cultural and legal intricacies dictating Western society and the Western economy.

The transition from Korean society to American was not an easy one. I found myself at times not only in need of the aid of translators from my fellow scholars and peers in the schools I attended. I often found myself in the position of becoming a translator myself, a translator of Korean culture, tradition, and values into the…… [Read More]

Affirmative Action in Law School

frati implies that affirmative action does more harm than good to minorities as well as whites: but one online commentator pointed out that students going to the top law schools with high LSATs and grades usually have enough money to have substantial test preparation, time to do unfunded internships before law school, and are less apt to have to work to support their studies while in law school. Individuals admitted through affirmative action programs might have fewer opportunities of that nature, and thus be more in need of support to make the transition between undergraduate and law school, and to deal with the class-based as well as racial barriers that might inhibit the students' full acceptance into the law school environment. The study should be read as an indication of the need for greater support of minority law students, not evidence that affirmative action does not work.

Reference

frati, Amir.…… [Read More]

Academic Admission to Law School

Personal Statement -- Admission Law School

For as long as I can remember, I have been an arbitrator of justice. I am a fairly typical oldest child who enjoyed the advantage of being an only child for eight glorious years. So by the time my younger siblings arrived, I had a fair grasp of what the good life could entail. Sharing my parents and every other resource of the household with my five siblings -- a set of twins followed by a singleton and another (final) set of twins -- I also had a keen appreciation for how quickly -- through no fault of one's own -- privilege and advantage could fall away. Because they spend so much time in the presence of adults, only children and oldest siblings intuitively grasp the use of logic as an effective tool known to persuade even the most recalcitrant of parents. From this,…… [Read More]

Law Admission

Working in the legal field requires much more than the basic knowledge acquired through books and class work. Certainly there are many attorneys armed only with the knowledge of what they have learned in school, but the best lawyers bring many types of intelligence to their work. Some of the most important abilities a good attorney must have include communication skills, logical thought processes and the ability to understand others and the self. I am proficient in all of these areas, and this puts me in a unique position to contribute as a law student and later, to the legal profession as a licensed attorney.

The ability to communicate goes far beyond the basics of speech and writing. Certainly, one should demonstrate impeccable grammar and speaking skills, and I have demonstrated these skills both in classes such as English, History and Political Science. I have an excellent understanding of the…… [Read More]

Law From Different Perspectives Enforcement and Prevention

Police

In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the…… [Read More]

personal'statement for law'school

.....family comes from a Middle Eastern culture, very conservative and traditional. I was born in the United States, sent to American schools, and yet expected to hold tight to my parents' cultural values and traditions. The turning point of my teenage years came around age fourteen during an interaction with my uncle. He held a 9-millimeter pistol to my head and stated, "I as a male have the freedom to have relations with as many women as I please, whereas you with a single touch of the opposite sex can ruin the entire families' reputation." The encounter came after I had skipped school one day to meet a boy at a local cafe. I was ordered to wear a headscarf, threatened to do so or else I would get sulfuric acid thrown in my face. I know my parents did not approve, but I was still afraid. At that moment…… [Read More]

School Law Dawson v East

The court easily could have come to a contrary result, given that it denied most of the allegations of the plaintiff, other than the specific contention that the nature of this specific advertising was particularly inconsistent with state educational statues and school board policy. Even the plaintiff conceded that advertising in the form of school vending machines, yearbooks, sports scorecards, etc. had long been tolerated in schools, and would continue to be tolerated.

Question 2: What guidelines may administrators who are considering potential educational uses of commercially driven Internet technology draw from the above opinion?

The guidelines for school administers regarding advertising thus remain blurry. Video advertising is acceptable, but not the type of video advertising on Channel One. Regarding Internet advertising, it would seem that using the Internet to research material on websites where advertising may appear would be analogous to the permissible practice of taping programs from the…… [Read More]

Law Enforcement and Corrections

Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]

School Change Projects a New Kind of

School Change Projects

A New Kind of PTA

Sometimes the most effective changes in a system come about through the simplest changes. Perhaps a better way to phrase this same idea is that sometimes the most effective changes in a system comes at the most basic level. This is the kind of change that I propose for my district, although it is not the same kind of back-to-basics plan that is still sweeping across the American educational landscape.

This suggestion does not touch on the issue of how basic the curriculum should be, although curricular reform is (of course) one of the central questions for every educational professional since the passage of the federal No Child Left Behind act. ather, the changes that I would like to see instituted in my district are a greater participation of parents and other family members in the students' educational lives. This is a…… [Read More]

Law of Demand Changes in Supply and

Law of Demand

Changes in supply and demand of goods and services lead to a shift in equilibrium. Business managers have to be seized of how market equilibrium is sought in order to make robust business decisions that can pay-off. Market equilibrium is attained when the quantity demanded by the consumers corresponds to the quantity that the firms are willing to supply bearing in mind that equilibrium is basically the price quantity pair where the quantity demanded corresponds to the quantity supplied (Vienneau, 2005). Business enterprises have to be aware of the nuances of the market equilibrium.

Economists postulate that other things held constant, an increase in price of a commodity will make the quantity of that commodity demanded to decline and vice-versa. The demand of a commodity is the amount of that commodity that is bought per unit time at a particular price. An individual will demand a specific…… [Read More]

School Counseling Ethics Has Been

othe values

Moal chaacte, that is, having couage, being pesistent, dismissing distactions and so on in pusuit of the goal.

These ae attempts to define ethics by descibing actions, and faily specific constellations of actions at that. Fedeich Paulson, a 19th centuy philosophe of ethics, defined ethics as a science of moal duty (1899).

Almost 100 yeas late, Swenson also used the concept of study in defining ethics, saying that it included the systematic study of concepts such as ight and wong. Othe eseaches note that the idea of systematic study is common in dictionay definitions of ethics, with the Ameican Heitage Dictionay focusing on thee elements: " the study of moal philosophy, the ules of a pofession (o moe boadly the chaacte of a community), and moal self-examination (Soukhanov, 1992).

Hill (2004) offes a 'definition' that is mainly pactical but also incopoates some theoetical content. They believe that ethical…… [Read More]

School Finance Its Economics and Politics

School Finance: Its Economics and Politics

School financing in America

Revenue sources for federal and state governments

Judicial reviews of school finance policy with evolving standards of equality

School-based decision making

Family choice of schooling

Reform of schooling-finance

Providing equality in educational opportunities to all is one of the cornerstones of American democracy. The founding fathers of America were aware of the necessity of having a population, which is educated since it enables an opportunity for all the citizens of the country to be successful. The necessity and the desire to create an environment where all children have equal opportunities for education to achieve success are now creating fundamental challenges in the field of education in America. In the 20th century, the issues which concerned school finance was about dealing with how to overcome fiscal disparities with the use of state and federal resources within a public school system. The…… [Read More]

Law Enforcement and Criminal Justice

"ccording to a 2001 Department of Justice survey, 20% of students aged 12 through 18 reported that street gangs had been present at their school during the previous 6 months. More than a quarter (28%) of students in urban schools reported a street gang presence, and 18% of students in suburban schools and 13% in rural schools reported the presence of street gangs. Public schools reported a much higher percentage of gang presence than private schools." These gangs were often responsible for selling drugs in schools, and used the profits gained from the trafficking of drugs to garner new recruits, soliciting dealers from the student population with the promise of profits. The gangs thus begat violence, just as the users whom they sell their drugs to also begat violence in their attempts to get enough money to buy more drugs.… [Read More]

School to Work Programs Initiatives

School-to-Work Programs

Every school board now offers school-to-work (STW) programs, which are designed to meet the needs of a large portion of today's students - those who are work-bound as soon as they graduate high school. Many of these programs allow students to enroll as apprentices and accumulate hours and experience towards a qualifying certificate in a specific profession while earning credits towards their high school graduation diploma, as well.

While advocates of such programs argue that they give additional relevance and meaning to the educational process as a whole and give students real opportunities to make connections between theory and actual practice, opponents believe that these types of programs are pervasive and prevent students from receiving a thorough and valuable education.

This paper supports the opposing viewpoint of school-to-work programs, arguing that education that concentrates on job training results in graduates who are less adaptable and less able to…… [Read More]

Law and the Legal Systems

11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.

Week 8

5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]

School-Based Bullying Prevention Programs the

They predict age and gender variations relate to bullying concerns. Of the 25 cartoons implemented in the study, two depict characters with different shades of skin color where skin color appeared to be an issue. One cartoon relating to sexual orientation was not used in several countries. Smith et al. report Olweus to assert bullying to be characterized by the following three criteria:

1. It is aggressive behavior or intentional "harmdoing"

2. which carried out repeatedly and over time

3. In an interpersonal relationship characterized by an imbalance of power. (Smith et al., 2002, p. 1120)

In their study, Smith et al. (2002), participating researchers in the 14 countries to completed the following

1. Listed and selected bullying terms as well as social exclusion in the applicable language.

2. Used fundamental focus groups with participating children to confirm usage and extensive comprehensive of terms.

3. Using cartoons, sorted tasks to…… [Read More]

Law Enforcement and Theories of Crime and Criminals

Schools of Criminology

Schools of Thought

Classical School introduction: This approach to criminology holds that basically, people will do things based on whether it is helpful to them and they will look after their own self-interest first. In other words, if a person is penniless and hungry, he will steal food because it is in his own self-interest to eat and stay alive, notwithstanding his crime

Classical School summary: In the 18th century philosophers like John Locke and Jean-Jacques Rousseau argued that existing theories of crime (God or the devil determine what humans will do) were not relevant. They put forth the alternative idea that because humans have free will, they choose which behavior they will follow. Most humans respond to pleasure and pain, and if crime brings a person pleasure, that's what he will do; but being hungry can bring pain so a person will commit a crime to…… [Read More]

School Closure Research -- Peggy

Transportation

Students who are bussed to a larger school can use the time to be productive; reading, homework, etc.

1.5-2 hours per day of commuting is unacceptable for students and will eat into their family and work time.

Opportunities

A larger school will provide greater opportunity for social networks, sports, music, drama, and more extracurricular activities.

Loss of community will make the younger students uncomfortable as well.

Academics

A larger school will provide greater academic opportunities for the HS students in preparation for university; there are more resources available.

The student to teach ratio will change and the students will be part of just another large classroom.

Thus, the question really comes down to potential. Neither side can equivocally state that the future of the students will be better or worse; there are arguments for both as well as the possibility that the solution will be quite positive for some,…… [Read More]

Law Enforcement Introduction the Modern Police Forces

Law Enforcement Introduction

The Modern Police Forces

Prior to the formation of the Philadelphia force in 1833, policing primarily consisted of "night watches" and sheriffs recruited from the community (Sabeth). The role of law enforcement was ad hoc in nature to fight crime, night watch patrols, and not an organized or uniform organization. Incidentally, the rural nature of the country did not necessitate an established and robust policing force until the urbanization and industrialization of the 1830s and 1840s. In response to a growing need to maintain law and order on city streets, a significant and visible presence was needed to counter riots and avert crime.

Philadelphia, and later New York, first established polices forces whose jurisdiction and duties were attended twenty-four hours a day (Sabeth). The significance of the modern police force was that it was developed to prevent crime, law enforcement, and maintain order by being visibly present…… [Read More]

School Improvement Project Proposal Improving

Causative Analysis

There are several causes to why the students did not pass the state standardized test in mathematics and in language arts. It is strongly believe that the students were not adequately prepared for the test because they had not been completing the required assignments and attending the online classes offered by their teachers. Their lack of School Improvement 7 participation in the class, has lead them to a failing test score because if they had not completed the assignments in their learning management system, then there was no way for them to be adequately prepared for the materials on the tests. The course materials that are found in the learning management system are closely related to the state bench marks and are closely aligned with the state requirements.

There are several reasons that students may not complete work in their online classes. These reasons include lack of motivation,…… [Read More]

Laws and Marriage Legal Marriage

Forms of marriage that should be legally banned

ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]

School Bullying Plan

School Legal Entanglement Plan

This Legal Entanglement Plan seeks to examine the policies, programs, strategies, and practices of a particular school with respect to its moral, legal, and ethical implications. The plan is developed based on a three-step process that will help in addressing the issue that could potentially become a liability or legal entanglement if left unaddressed. The plan will help in addressing the issue since it will be communicated to appropriate stakeholders.

Step 1 – Analysis

Moral and Legal Issues in School Strategies

One of the moral, ethical or legal issue facing Carson Elementary School in West Price and could escalate into a legal entanglement is school bullying, which poses significant threats on the welfare and well-being of students. Bullying is a broad concept that involves intentional aggression, power imbalance between the perpetrator and victim, and repetitive aggressive behavior (Cornell & Limber, 2015). Carson Elementary School recognizes that…… [Read More]

School of Engineering and Design

The last century has seen an increase in the level of international purchases which has been supported by the developments in transportation and technology. Goods can move faster than before with developments in logistics. The negotiation and forming contracts for purchase with companies and communicate with potential suppliers in distant countries is also easier than in the past with the internet and tools such as video conferencing and emails. This facilitates the use of international suppliers. However, other firms may choose local suppliers believing strategy will best suit their needs. Local suppliers may be able to provide where there is an increase in the transparency of the supply chain, less exposure to risks such as interruption and exchange rate risks and proximity may allow closer collaborative relationships to develop. Both procurement strategies are viable, to assess the advantages associated with each approach the procurement from international and local suppliers can…… [Read More]

Functions of Due Process in the Criminal Law System

Criminal Law Due Process

Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]

Pre-Law Learning Plan

Pre-Law Curriculum for the Sixth Grade

Governmental Background

These courses are drafted to create a strong background and knowledge base for the student to explore a career in the legal field in America to a range of degrees.

The American Federal System

This course will present to the students the powers specific to the federal government, specific to the state government and those specific to both. The goal is to have the student understand where these powers are different and where they overlap as well. Students will be forced to consider how the people are able to maintain their sovereignty within this system and the importance of doing so.

State and Local Government

Presents the constitutional background for the state and local government while putting an emphasis on the overlap of the states and their subdivisions along with the goals of both state and local politics. Students will be encouraged…… [Read More]

Interest in Being a Law Student

attend the University of Hong Kong Law School. I am applying for admission to the University of Hong Kong Law School for a number of reasons. First, I feel the law school at the University of Hong Kong is one of the best law schools in the world, and I would feel very privileged to attend it. In addition, during my education and employment in the United States, I have worked with law offices in California and in Hong Kong in a variety of areas, so I feel I have the necessary background that will make me successful in the school. Finally, I was born in Hong Kong, and my family immigrated to the United States when I was 14. I would like to continue my education in my homeland, and work in international law when I complete my degree.

My background includes schooling in the United States, and work…… [Read More]

Learn How the Law Works by Memorizing

learn how the law works by memorizing a set of rules or theorems. A misconception lies in the commonly asked question, "What is the law?" -- since it presupposes that it's all laid out somewhere on great stone tablets. The truth is that the answer often is, "It depends." As you'll soon discover the legal system basically is a method of applying abstract rules or social policy to concrete situations. To comprehend its workings, you have to get involved in the process -- it's a little like learning to swim in that you've got to jump in and splash around a bit. It's not an unpleasant sensation, but it may seem little strange until you get used to it and learn to keep your head above water. You'll discover it's a bit like peeling an onion in that as you strip away one layer of complexity you find another one…… [Read More]

Patent Law

student with a Bachelor of Science degree in Communications, minors in both Psychology and Sociology, and a desire to attend law school, my request to enter a Biochemistry program may be unusual. After all, people who focus on the hard sciences usually do so because of plans to work in a particular industry or to pursue additional field-specific education via Masters or PhD programs. Because I have no intention of pursuing a graduate degree in Biochemistry or a related field, I may, in fact, seem to be a flawed candidate for the Biochemistry program, who would be taking up space in a highly competitive program that might be better used for someone who intends to pursue Biochemistry. However, my goal in attending law school is to pursue patent law. To become eligible to sit for the Patent Bar, a candidate must have a demonstrable science or technical background. Therefore, the…… [Read More]

Contract Law in Norway Norwegian

(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)

orks Cited

Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm

University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html… [Read More]

Computer Law

Computer Fraud and Abuse Act was enacted into law in 1986 to deal with the hacking of computer systems operated by the American government and certain financial institutions. Through its enactment, the legislation made it a federal offense to access a protected computer without authorization or to an extent that is beyond the authorized access. However, since it was passed into law, the act has been amended severally in attempts to expand its scope and penalties. In addition, the act has developed to be an important legislation since it's used widely not only by the government to prosecute hackers but it's also used by private corporations to help protect their trade secrets and other proprietary information.

Penalties and Fines in the Law:

The Computer Fraud and Abuse Act is considered as one of the most essential computer-crime laws because it was the first significant federal legislation to offer some protection…… [Read More]

Right to Practice Law the

As a practical matter, we think that unless a lawyer has, or anticipates, a considerable practice in the New Hampshire courts, he would be unlikely to take the bar examination and pay the annual dues of $125." The U.S. Supreme Court decided similarly in the Supreme Court of Virginia v. Friedman, when it struck down a requirement in Virginia barring non-residents from even taking the exam. The defendant, a Maryland resident, already had a full-time job in Virginia. The court found: "If a state denies non-residents such a privilege, it must have a substantial justification for the difference in treatment that substantially relates to the state's objective in correcting the problem. The practice of law, like other occupations, is sufficiently basic to the national economy to be deemed a privilege protected by the Clause. Although Virginia did not totally exclude nonresidents from practicing in the State that does not mean…… [Read More]

Case Laws

Slaughterhouse Cases, Takings Clause

PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's…… [Read More]

Education 520 Business Law

Education Law

Education 520 Business Law

Hiring policy

To avoid an anti-discriminatory lawsuit regarding hiring practices, an employer should declare him or herself an 'equal opportunity employer.' To be compliant with the laws enforced by the EEOC, an employer must not discriminate based upon race, color, religion, national origin, or sex. The employer should also not discriminate on the basis of pregnancy, age, disability or genetic information (Laws enforced by the EEOC, 2012, EEOC).

If the institution wishes to pursue a strategy of affirmative action regarding the hiring and promoting of employees he or she should state it clearly in employment literature, usually in the form of the phrase that 'members of historically discriminated-against groups are encouraged to apply.' However, the employer must be careful not to use a quota system, or set a goal for how many members of such groups will be hired to positions, based upon their…… [Read More]

Tax Law Memo Re The

The case had nothing to do with taxes but rather with changes in a state probate law, but the outcome was still the decision that ex post facto laws affecting solely civil matters meet constitutional muster under Article I section 10. Subsequent rulings have reaffirmed this position of the Court and made it clear that retroactive taxation would be considered constitutionally permissible despite other objections.

Specifically, in nited States v Carlton (1994) the Court determined that such retroactive tax laws do not necessarily violate the Fifth Amendment right to due process so long as there is legitimate process involved in its enactment, according to a concurring opinion written by Justice Scalia, with the majority opinion (of the unanimous vote upholding the retroactive tax in this case) creating an even broader guideline of being "rationally related to a legitimate legislative purpose."

This essentially renders and retroactive taxation, which will necessarily result…… [Read More]

First Amendment Laws and the Press

individual making the leak would likely be protected by First Amendment laws given that the statement was made by the sheriff regarding the investigation 'on the record,' as is noted in the report. If a statement was made about a public figure who has less of an expectation of privacy under current legal interpretations, regardless if the leaker was a member of the press or a private individual, the statement would be thoroughly protected. "Despite popular misunderstanding the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression [for all individuals]. It does not afford members of the media any special rights or privileges not afforded to citizens in general" ("First Amendment," 2014). All citizens have…… [Read More]

Educational Law How Lawful How

Conservatives, on the other hand, have many passions and one of them is a color-blind government. Most of them believe that all policies of discrimination should be discarded. They view these policies as unwise, immoral and unconstitutional. Three conservative organizations submitted a collective brief to the Supreme Court on the Michigan cases. These organizations were the Center for Equal Opportunity, the Independent Women's Forum and the American Civil Rights Institute. Their brief succinctly stated that racial preferences were incompatible with the 14th Amendment. The 14th Amendment, according to them, clearly states that no person within its jurisdiction would be denied the equal protection of the laws. The silence of the justices to this statement was perceived to indicate insufficient interest in the original understanding than in their own case law. In 1865 and 1866, radical Republicans proposed a constitutional amendment that no State could set distinctions in civil rights and…… [Read More]

Three Strikes Laws From the

herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…… [Read More]

Saving Affirmative Action Laws Affirmative Action Laws

Saving Affirmative Action Laws

Affirmative action laws apply to many sections of societal interactions be it school admissions, business, or employee hiring, they attempt to balance the history of racial discrimination that marked the period before the laws came into being. Affirmative action requires that persons making decisions relating to employment, business and education take into account factors such as religion, sex, color, race and national origin. The major advantage of the laws is that they promote the opportunities available for minority groups in the society. The major proponent of the laws is that they compensate for persecution, discrimination and exploitation that was present in the past. Over the last few years, there has been debate on the benefits and harms brought about by affirmative action with several arguing that though it has met its intended benefits, the law also disadvantages minority groups since they may end up in institutions…… [Read More]

Business Law the Paris Convention Is One

Business Law

The Paris convention is one of the Intellectual Property Treaties administered by World International Property Organization (WIPO). It was first signed in Paris in 1883 by 11 countries to provide international harmonizing and streamlining of intellectual property laws. It has been revised many times and its current language includes patents, trademarks and industrial designs. Major fundamental principles of the treaty include (World International Property Organization, 2013);

Anti-discrimination policy: each member country is obliged to give other member country nationals, the same protection and advantages it gives to its nationals.

Framework of priority: an invention can be protected from the same point, in time in various countries. The patent applicants are granted the date of their first filling; as the active application date for the patent applications in all member countries, for up to 12 months after filling the original application.

Berne Convention; it is also referred to as…… [Read More]

Three Strikes You're Out Law

From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (eres and Griffith 106).

However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation. And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered.

Similar Laws in other States?

Twenty-eight states have three-strike laws. Most are "similar" to California's. However there…… [Read More]

Esa Environmental Law Environmental Law

Costs are difficult to determine, given the long-term nature of recovery projections and the fact that it is very difficult to quantify the benefits to the environment and humanity of saving a particular animal or plant species in most instances. Some species, such as the bald eagle, have additional emotional and symbolic importance, but that is a relatively rare case. "The biggest costs, opponents argue, are really all the logging, mining and polluting we can't do because of the pesky ESA," and tightening restrictions upon the ESA have been routinely opposed by a largely epublican faction of senators who argue that we cannot afford to be mindful of the environment during an economic recession (Vinzant 2009).

On a purely cost-benefit analysis, the immediate economic cost of the ESA often seems to outweigh the benefits. "With a large fraction of endangered or threatened species inhabiting private land (75% according to a…… [Read More]

Contracts Law

Contracts Law: Disney World Jurassic Park Amusement ide

The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?

In answer to…… [Read More]

Australian Company Laws

Company Law in Australia

Corporate governance related regulations in Australia are relatively similar to those in the United Kingdom. This is primarily because Australia's Corporations Act of 2001, which is the major corporate governance related regulations, has traditionally borrowed greatly from the United Kingdom company law, especially the Companies Act of 2006. Australia has relatively borrowed heavily from the United Kingdom company law as part of progress towards modernizing the country's statutes on corporate governance. Moreover, these attempts towards modernizing corporation statutes in Australia contributed to the development of a legal structure that currently comprises one national law, which is known as the 2001 Corporations Act. Similar to other Australian corporations laws, the Corporations Act 2001 is administered by the Australian Securities and Investments Commission, which is the national regulatory authority. There are several differences between corporations laws in Australia and those in the United Kingdom despite the heavy borrowing…… [Read More]

Sales Transaction in Acquisition Law

Any good that is purchased from Amazon via the internet is governed by Article 2 of the UCC. Buying a CD from this site would constitute buying a good. When the Amazon site puts a good up for sale then they are making an offer and when a person agrees to buy that good they are accepting that offer. This transaction would fall under the proposed new UCC § 2-204(4) because it is a transaction done via the internet. In this transaction I had the choice of refusing or taking feat that in order to use the electronic agent to conclude the transaction or to designate acceptance of an offer, in spite of other expressions or actions by the person to which the electronic agent cannot respond.

Once I ordered the CD the merchant had a responsibility of good faith in its performance and enforcement of the contract by providing…… [Read More]

Police and Law Enforcement Officers Have More

police and law enforcement officers have more or less discretion? Why? Give an example of a specific discretionary power in your answer. What parameters may be used to set the limits to discretion, apart from the provisions of applicable laws? Consider the role of ethics in society and discuss how those ethics are funneled to policing and law enforcement. What impact do varying ethical norms of the increasingly diverse American society have on policing? As the police force itself becomes more diverse, would we see different police responses to similar situations?

Although the Fourth Amendment protects against unreasonable searches and seizures, the police have considerable latitude in determining what constitutes probable cause. In general, "courts ordinarily suppress evidence obtained during an unreasonable search or seizure and offered against the accused" and a warrant must be obtained (Fourth Amendment, 2013, Cornell University Law School). However, exceptions to the Fourth Amendment include…… [Read More]

Scope and Limits of the Freedom of Association Law in Australia

freedom of association refers to the freedom to join a union or association without fear of outside interference. Australia does not guarantee freedom of association in her Constitution. As a result, Australia has ratified several international covenants on freedom of expression, and used international laws as a basis for the Industrial Relations Reform Act 1993.

The orkplace Relations Act of 1996, which specifically protected the freedom of association, and provided specific penalties for breaching the Act, superseded the 1993 Act. Recently, the war on terrorism has presented an unexpected threat to Australia's freedom of association laws. This renewed the argument that the freedom of association should be guaranteed, by law, within the body of Australia's constitution.

Freedom of association has taken an important place in international labor law and social justice. The International Labour Organization (ILO) has long had conventions that deal specifically with freedom of association, the importance of…… [Read More]

Monique Is a 24-Year-Old Law Student Who

Monique is a 24-year-old law student who appears normal on the surface, but struggles with substance abuse issues. She has been drinking since she was 14 years old and regularly consumes a large number of drinks when she goes out with her friends, in addition to consuming alcohol each evening at home. Her drinking interferes with her normal life, as hangovers prevent her from attending morning classes on occasion, and she sometimes blacks out while drinking. In addition, Monique smokes marijuana. She recently attempted to stop smoking marijuana due to concerns that she has a drug problem, but found herself unable to stop. She does not think that she has a drinking problem because she does not drink in the morning, but her family and friends are concerned about her drinking (Butcher et al., 2012, p.6).

Some of the information that would be important to collect during the initial assessment…… [Read More]

Legal Liability for Environmental Law Violation

Legal Issues Case Study

Plastics and resins are manufactured in the United States using petroleum products including liquid petroleum gases (LPG), natural gas liquids (NGL), and natural gas since they are fuels in the manufacturing process. Given that resin manufacture is a high-volume procedure, profitability of companies that manufacture the product is dependent on their operating efficiencies. While large companies have significant economies of scale for purchasing raw materials and production, small companies compete effectively through manufacturing specialty resins and fibers. As the CEO of PRC, a small manufacturing in this industry, Gina is facing a legal issue because of her decision to let employees dump waste into the river in order to enhance the profitability of her company and avoid being fired.

Gina's decision represents a major ethical issue that exposes several parties to legal liability for violation of environmental laws. According to the Legal Information Institute (n.d.), activities…… [Read More]

Tokenism the Role and Experiences of Minority Teachers in Predominantly White Schools

Tokenism: The ole and Experiences of Minority Teachers in Predominantly White Schools

The Problem and Its Setting

Anticipated Findings

The past generation has seen the integration of America's public schools. Such integration has presented challenges and opportunities not only for the Minority students now enrolled in predominantly White schools, but also for the Minority teachers who find themselves assigned to those same schools. While opening up new horizons for many Minority educators, the purposeful placing of Minorities in majority White schools has also raised the issue of tokenism. The question remains as to whether these Minority teachers are being treated equally with their White counterparts, and whether their assignment to mostly White schools is based upon real ability and genuine need, or whether such assignments are merely reflective of well-meaning social policy gone awry. Many capable Minority teachers find themselves to be victims of the same sort of discrimination that…… [Read More]

What Did the ECPA Do to Limit Law Enforcement

Electronic Privacy Control Act of 1986 address?

The ECPA addressed a variety of issues regarding the collection of information by government agencies using electronic devices. For instance, it placed more restrictions on wire tapping, such as the transmission of data via computer. It also addressed issues regarding the retrieval of data stored on a drive and the use of pen traps for tracing phone calls.

In actuality, however, the Act addressed the needs of government agencies to have permission to tap into communications and stored data files of networks and providers. The Act allowed such agencies to request warrants to obtain such information by broadening the list of crimes for which said collection methods could be lawfully used. So while technically the Act was said to place new limits on law enforcement "snooping," it actually expanded those limits in terms of the justification that could be used to request a…… [Read More]

Laws and Extra Legal Doctrines

Rule of Law and Extra-Legal Doctrines

The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]

Law and Business When Glenn

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

Law Enforcement Response and Other Family Violence Related Crimes

Federal and State Legislation

Domestic Violence Legislation at the Federal and State Level

Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform…… [Read More]

Law in Schools

Trenton School

The environment at School1, were I am employed revolves around the many different standards of behavior and conduct. While much of this conduct is derived by local customs and habits, the imposing of law and order also significantly contributes to what is and what is not allowed. The purpose of this essay is to explore the relationship with both state and federal laws and School 1. This essay will explore the law and its applications to my school by examining key points and relevant issues related to these interactions.

Background Of Trenton School District

It is important to understand the starting point of this discussion in order to see the bigger influences that state and local governments have on the school district. According to the districts website, the mission of this school district is " All students will graduate with a vision for their futures, motivated to learn…… [Read More]

School Budget Is Designed the

"Failure of any district to budget funds to meet statutory requirements is a very serious matter and will result in the executive county superintendent rejection of the budget. The district will be advised of any lack of budget approval with specific recommendations on necessary corrective revisions." (New Jersey Department of Education 2013, P 14).

3. Key Budget Terminology

There are numerous terminologies with regard to the school district budget. The most important budget terminologies are

evenue

The revenue is the money received by the school district within an accounting year. A fund is part of the revenue and there are four sources of revenue for the school district and this include:

Local source,

Intermediate source, state, and Federal sources.

Expenditures

Expenditures are the expenses that the school district must fulfill within an accounting year. Part of the school district expenditures are the payment of teachers' salary, and travel expenses for…… [Read More]