Law in Contemporary Society

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CarinaWallance-FirstPaper 2 - 09 Feb 2008 - Main.CarinaWallance
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 It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
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 It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
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Paper Title - Topic: How Holmes' discussion of the distinction between what the law is and what is does plays out in the sentencing laws on crack-cocaine.

 
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-- By AdamCarlis - 09 Feb 2008
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-- By CarinaWallance - 09 Feb 2008
 
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Section I - What the sentencing on crack-cocaine is and what it does

 
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Subsection A - Holmes, What the law is v. what the law does

 
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(class notes) ‘If you want to know the law and nothing else – you have to adapt the position of a bad man’ (5) To understand the law in itself as a subject in isolation out of context This is entrance to legal realism – if you want to know what law is you have to know what it does not what it says This is pragmatism: notion ideas are what they do in the world not what they call themselves But often this is confused in proposition that separation of law and morality Holmes: description of morality and there is what the law does Realistically – Holmes would say – in order to know what the law is you have to know what you can really do – on this level movement for abortion rights in the US is a bust Holmes: moral language doesn’t do much good, you want to know what is actually going to happen – bad man needs that kind of information There is surely law that is not in the books that you need to know – how things work But in principle law is the prediction about the application of public force
 

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Subsection B

 
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Subsection B - As applied to Crack-cocaine sentencing

 
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Subsub 1 - Law: equal protection and due process

 
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Subsub 2 - What it does: racial discrimination in 100-to-1 rule

Crack-cocaine law v. cocaine laws
 
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Section II Where we are

 
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Subsection A - Mukasey's position before the House Judiciary Committee

Subsection B - As compared to what the sentencing commission's plan actually is

 



CarinaWallance-FirstPaper 1 - 09 Feb 2008 - Main.AdamCarlis
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It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Paper Title

-- By AdamCarlis - 09 Feb 2008

Section I

Subsection A

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Subsection B

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Section II

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Revision 2r2 - 09 Feb 2008 - 21:26:59 - CarinaWallance
Revision 1r1 - 09 Feb 2008 - 15:01:21 - AdamCarlis
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