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Legal Studies

University of Central Florida

HIM 1990-2015

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Articles 1 - 30 of 50

Full-Text Articles in Social and Behavioral Sciences

The Influence Of Gun Control Legislation On Rampage Shootings, Andrew D. Manor Dec 2015

The Influence Of Gun Control Legislation On Rampage Shootings, Andrew D. Manor

HIM 1990-2015

The United States has experienced several mass shootings in the past few years. It has been averaging one shooting every week in 2015, and something must be done about it. This problem appears to be limited to the United States since several other nations have been able to minimize, and almost eliminate the number of mass shootings. By taking an analysis of the gun laws of the United States with those of Australia and Canada it can be concluded that some aspects of strict gun control can reduce the number of mass shootings. Further, the United States should look at …

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A Comparative Analysis Of The Usa Patriot Act Of 2001 To The Usa Freedom Act Of 2015: Balancing Security With Liberty, Richard L. Russo Dec 2015

A Comparative Analysis Of The Usa Patriot Act Of 2001 To The Usa Freedom Act Of 2015: Balancing Security With Liberty, Richard L. Russo

HIM 1990-2015

Freedom and safety are two ideals that American citizens value greatly; however, the balance between privacy and security determines whether or not both can be achieved in a reasonable manner. Security and privacy are not mutually exclusive; however, they tend to exhibit an inverse correlation with regards to maintaining individual liberties. Security and privacy are highly beneficial, but when one is given too much weight, the other most often suffers. When the United States citizens are given too much privacy through regulations, the citizens risk their well-being by not allowing the government the ability to prevent dangerous activities being done …

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Economic And Legislative Effects On Performance Based Funding And Licensed Practical Nursing Programs, Andrew Papa Aug 2015

Economic And Legislative Effects On Performance Based Funding And Licensed Practical Nursing Programs, Andrew Papa

HIM 1990-2015

The purpose of this research paper is to evaluate different elements of the State University System of Florida. Specifically, this paper will analyze how universities will respond when appropriated 20 million dollars of performance based funding and will also evaluate how efficient the 2009 changes in Florida's [statute] 464 were. This paper will use comparative statics and a duopoly model in order to explain behavior of universities when they are appropriated performance based funding. Moreover, this paper will use measures of central tendencies and hypothesis testing in order to statistically analyze data of Florida's Licensed practical nursing programs provided in …

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A Solomon Like Decision: Factors In Determining Child Custody For Same Sex Couples In Florida After Dissolution Of A Relationship Or Marriage, Sydney Alexander May 2015

A Solomon Like Decision: Factors In Determining Child Custody For Same Sex Couples In Florida After Dissolution Of A Relationship Or Marriage, Sydney Alexander

HIM 1990-2015

Same sex couples around the nation have continually fought for their right to marry and in thirty-six states they have been given that right. What same-sex couples did not think to fight for was the right to divorce. There has been a considerable lack of focus on one such issue often left out of the public discourse over marriage equality: determining parental rights for the purposes of child custody/visitation in the context of a homosexual relationship that has broken down. The choice to have a child in a same-sex couple, with the exception of adoption, usually only allows for one …

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Same-Sex Sexual Assault In The Military, Lauren Croft May 2015

Same-Sex Sexual Assault In The Military, Lauren Croft

HIM 1990-2015

Sexual assault in the military is a large concern for the Department of Defense. They recognize it as an important and complex problem that needs to be addressed. In recent years, efforts have been initiated in order to improve the handling of sexual assault cases and data retention. An entirely new program has been created in order to address these cases. Focusing on the occurrence of same-sex assaults heightens the sensitivity of matters. This is due to the precarious and only very recent acceptance of homosexuals in the military. In the past, service members, homosexual or otherwise, may have been …

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Same-Sex Marriage: A Fundamental Right, Stefen Smith May 2015

Same-Sex Marriage: A Fundamental Right, Stefen Smith

HIM 1990-2015

Same-sex marriage is a subject that has been heavily discussed and argued since the concept of marriage came into existence. Marriage is a relationship that most American citizens are entitled to although it is not yet a fundamental right. As of a very recent court decision, Strawser v. Strange, Civil Action No. 14-0424-CG-C1 finalized on February 9, 2015, Alabama has legalized same-sex marriage; furthermore, thirty-seven states now recognize the legality of same-sex marriage. Marriage, whether it is between a heterosexual or a homosexual couple, should be a fundamental right enjoyed by all. This thesis will explain why same-sex marriage should …

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Recession To Depression: A Critical Disambiguation Of The 2007/2008 Financial Crisis And A Model For New Age Securities Regulation, Christian Walters May 2015

Recession To Depression: A Critical Disambiguation Of The 2007/2008 Financial Crisis And A Model For New Age Securities Regulation, Christian Walters

HIM 1990-2015

During the late 2000s the United States economy was faced with the most traumatic event in United States financial history since the Great Depression. Large multibillion dollar corporations collapsed, families lost their life savings, and the United States economy stood on a precipice for total destruction. In the wake of the Financial Crisis, investment firms such as Merrill Lynch collapsed and their portfolios were sold to competitors for far lower than their estimated value (Sorkin). In 2008, the Financial Crisis impacted the working man the most. With foreclosures on the rise, an estimated 81.2% increase from the year before, average …

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The Implications Of Federal And State Laws Regarding The Storage, Use, And Donation Of Cord Blood, Rebecca Miller May 2015

The Implications Of Federal And State Laws Regarding The Storage, Use, And Donation Of Cord Blood, Rebecca Miller

HIM 1990-2015

Cord blood storage, use, and donation is a rising trend. The cells found in the blood of the umbilical cord can be used to treat various life threatening diseases. It has been shown that the use of these cells can produce results that are just as effective as a bone marrow transfusion. The yield of cells from a sample of cord blood is not always enough to be effective for a transfusion in adults. As such children are the primary demographic for cord blood transfusions. For this reason, prospective parents are taking notice of the trend. Currently, federal and state …

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Exploring The Legal Liability Of Genetically Modified Organisms And Their Impact On Society, Jarrett Davis Jan 2015

Exploring The Legal Liability Of Genetically Modified Organisms And Their Impact On Society, Jarrett Davis

HIM 1990-2015

Controversy surrounds the use of Genetically Modified organisms (GMOs): whether the process of developing GMOs should be allowed, and if so, how they should be labeled. Efforts by activist groups have caused food associated with GMOs to carry a stigma, but farmers across the nation are fighting to continue to grow GMO crops and maximize their yield. In the 1970’s, GMOs were credited for assisting in the attempt to defeat world hunger and had a positive image. However, there has been a recent trend toward political and consumer resistance of food items that contains GMOs. A prediction of an abrupt …

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The Forgotten Third Branch: The Supreme Court, Public Opinion, And The Media, Adrien Pitchman Jan 2015

The Forgotten Third Branch: The Supreme Court, Public Opinion, And The Media, Adrien Pitchman

HIM 1990-2015

The three branches of government rely on public engagement for the prosperity of the nation. Moreover, informed public opinion is a fundamental tenant of democracy. With that in mind, this paper aims to explore the relationship between the Judicial Branch and the public. Specifically, this paper examines and questions the Supreme Court’s efficacy communicating with the public. American constituents are inundated on a daily basis by the clamor of D.C. politics. The twenty four hour news cycle has given way to politicized headlines and exaggerated pundit commentary on contentious national issues. In a technological age where information is instant and …

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The Plight Of Being Unrecognized In The United States: Should Undocumented Immigrants Be Licensed To Drive In Florida?, Jennifer Wilford Jan 2015

The Plight Of Being Unrecognized In The United States: Should Undocumented Immigrants Be Licensed To Drive In Florida?, Jennifer Wilford

HIM 1990-2015

The United States of America is facing an important decision. Should illegal immigrants be allowed to obtain driver’s licenses? Thus far ten states and the District of Columbia as well as Puerto Rico have passed laws permitting this to come into fruition. The purpose of this thesis is to gain an understanding of the significance that licensing laws have on this country. This thesis will compare the views and beliefs of both the proponents and opponents to this law. This thesis also discusses how Florida is deeply affected due to its large Hispanic immigrant population. This issue is laden with …

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The Constitutionality Of Warrantless Cell Phone Searches: Incident To Arrest, Kylie Brown Dec 2014

The Constitutionality Of Warrantless Cell Phone Searches: Incident To Arrest, Kylie Brown

HIM 1990-2015

As technology has developed, Americans have come to carry their most private information around with them in their pockets in digital form on their cell phones. A cell phone has immense storage capacity and can contain a wide variety of communicative information about its owner. In the past, there had been a disagreement among the lower courts as to whether police officers could search the contents of an arrestee's cell phone when making an arrest. The United States Supreme Court settled this disagreement in Riley v. California; in that case, the Court held that the warrantless search of a cell …

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Sexual Offender Treatment: A Paradigm Analysis Of Academic Journals, Vijay Chillar May 2014

Sexual Offender Treatment: A Paradigm Analysis Of Academic Journals, Vijay Chillar

HIM 1990-2015

Many criminologists and psychologists have theorized the possible causes behind an individual who engages in sex offenses; some of which will be reviewed. Through this paradigm analysis, I hope to identify how each discipline addresses the causes of sex offending and what treatments they offer in response to their theories. Additionally, this thesis will examine the Good Lives, Relapse Prevention, and the Risks, Need, Responsivity (RNR) models of treatment. The main objective of this thesis is to address the different facets of sex offending, so that the importance of finding an effective treatment model can be understood. By raising awareness …

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Domestic Violence: The Need For Integrated And Specialized Courts In The Ninth Judical Circuit Of Orange And Osceola County, Florida, Rose Caldero May 2014

Domestic Violence: The Need For Integrated And Specialized Courts In The Ninth Judical Circuit Of Orange And Osceola County, Florida, Rose Caldero

HIM 1990-2015

Over the last 30 years, the justice system has increased attention toward domestic violence. In many states, the emphasis has emerged to a specialization, separate dockets and specially trained judges (Center for Court Innovation 2009). Domestic violence courts have evolved, however the Ninth Circuit Court in Orange and Osceola County has yet to adopt this concept. At present, the Osceola County Courthouse utilizes the Unified Family Court (UFC), an integrated comprehensive approach which handles all cases simultaneously addressing the families involved in disputes, as well as the adults and the children of domestic violence. The Orange County Courthouse on the …

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Panua Partners In Hope, Naivasha, Kenya: Legal And Domestic Related Challenges, Keisha Holman May 2014

Panua Partners In Hope, Naivasha, Kenya: Legal And Domestic Related Challenges, Keisha Holman

HIM 1990-2015

The complexities of issues existing in Kenya create a domino effect directly affecting not only the effective management and economic growth of Kenya, but also social and legislative constraints to the lower socioeconomic classes. Land dispossession, proof of ownership to property and nationality are ongoing troubling issues affecting increased orphans and vulnerable children (OVC) in Kenya, most noticeably within predominantly poverty stricken rural enclaves. This research focuses on the bold move of stakeholders of Trinity United Methodist Church in Naivasha, Kenya partnering with First United Methodist Church of Winter Park, Orlando, United States of America. In 2010, they conceptualized Panua …

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Alien Tort Statute: A Discussion And Analysis Of The History, Evolution, And Future, Shane Yodlowski May 2014

Alien Tort Statute: A Discussion And Analysis Of The History, Evolution, And Future, Shane Yodlowski

HIM 1990-2015

The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases …

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Justice: The Use Of Food, Education, And The Law To Combat Human Trafficking In Sub-Saharan Africa, Nicholas Grandchamps May 2014

Justice: The Use Of Food, Education, And The Law To Combat Human Trafficking In Sub-Saharan Africa, Nicholas Grandchamps

HIM 1990-2015

Human trafficking is an ever-growing crime in this century. It is estimated that there are 29.8 million slaves around the world today - 16.36% of which are located in sub-Saharan Africa. The sub-Saharan region is a region in which human trafficking is combatted ineffectively due to a lack of food, lack of access to education, lack of post-education opportunities and lack of proper legislation. This thesis explores the environment in which human trafficking is taking place in sub-Saharan Africa, and proposes potential changes that will theoretically disallow human trafficking to take place in the region. The only way in which …

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A New Crash Test: The Rise And Fall Of Florida Motor Vehicle No-Fault Law, James Colquitt Jan 2014

A New Crash Test: The Rise And Fall Of Florida Motor Vehicle No-Fault Law, James Colquitt

HIM 1990-2015

Florida is one of 12 states that have a no-fault law. The first party benefit coverage is known as personal injury protection (PIP). Every policy sold in the state must include at least $10,000 in personal injury protection. This law went into effect in 1971 and is now being challenged. Changes in consumer, lawyer, and doctor behavior as well as changes in the legal and economic environment have diminished the positive impact of the no-fault law. This thesis will focus on the diminished effectiveness of the no-fault law in Florida. It will be based on research from primary sources. Other …

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A Historical View Of Cuban Immigration Policy, Sarah Castro Dec 2013

A Historical View Of Cuban Immigration Policy, Sarah Castro

HIM 1990-2015

Cuba is a communist country an estimated population of 11,075,244(2013), Cuba is located about ninety-three miles south of Key West, Florida. Cuba has been ruled by the communist regime of Fidel Castro, and now his younger brother Raul Castro. For over fifty years this regime has forced a major increase in the amount of people migrating to the United States. The regime has been disregarding basic human rights for decades and oppressing Cuba’s citizens. Hundreds of thousands of Cubans have come to the United States using boats, rafts, or any means available. The Cuban Adjustment Act of 1966 (amended in …

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Brave New World Reloaded: Advocating For Basic Constitutional Search Protections To Apply To Cell Phones From Eavesdropping And Tracking By Government And Corporate Entities, Mark Berrios-Ayala Dec 2013

Brave New World Reloaded: Advocating For Basic Constitutional Search Protections To Apply To Cell Phones From Eavesdropping And Tracking By Government And Corporate Entities, Mark Berrios-Ayala

HIM 1990-2015

Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our …

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Animal Cruelty: The Nexus Between Admonishable Violence And Sanctionable Criminal Acts, Natalie Donis Aug 2013

Animal Cruelty: The Nexus Between Admonishable Violence And Sanctionable Criminal Acts, Natalie Donis

HIM 1990-2015

In recent years, animal cruelty has stirred into the limelight as society has given the issue further consideration. State and federal laws as well as the establishment of diverse non-governmental organizations exist to abate animal cruelty, but such institutions have lagged in creating effective control mechanisms in spite of the growth of this modern day pandemic. This thesis will discuss animal cruelty, the types of cruelty, legislative developments, correlation of animal cruelty to violence among humans, and ways to strengthen control mechanisms. Credible findings have indicated a propensity for offenders of animal cruelty to escalate their acts of violence towards …

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Breach Of Allegiance: The History Of Treason Charges In The U.S., And Its Rebirth In The Age Of Terrorism, David Lewis Aug 2013

Breach Of Allegiance: The History Of Treason Charges In The U.S., And Its Rebirth In The Age Of Terrorism, David Lewis

HIM 1990-2015

The purpose of this thesis is to provide a legal history and analysis of how the treason clause has been utilized since the U.S. Constitution was ratified in 1789. Further, the United States and the United Kingdom share not only a historical parallel of the meaning and use of the charge of treason, but also an abandonment of using the charge today. This thesis will provide an in-depth legal history of treason charges in the United States, along with its close parallels in historical evolution and usage to that of the United Kingdom. Focusing prominently on treason throughout United States …

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The Transformation Of Our Workplaces How Gender Has Shaped Workplace Sexual Harassment Law And Award Amounts, Ian Waldick May 2013

The Transformation Of Our Workplaces How Gender Has Shaped Workplace Sexual Harassment Law And Award Amounts, Ian Waldick

HIM 1990-2015

Equal Employment Opportunity laws are a relatively new construct within the framework of American legal history. This area of law, however, has experienced significant development within a relatively short span of time. Over the last half-century, the Supreme Court of the United States has handed down several landmark decisions, clarifying the law as to what constitutes sexual harassment, and in which circumstances employers can be held liable for the harassing actions of employees. The purpose of this thesis is to examine this development, and to assess the question of whether the awards given to male victims of workplace sexual harassment …

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The Florida Jury Technical Evidence And Bias, Andrew Albaugh May 2013

The Florida Jury Technical Evidence And Bias, Andrew Albaugh

HIM 1990-2015

The recent societal development of highly specialized evidence has brought new problems to the forefront of the jury system. Because of the constitutional right to jury trials citizens of the United States and Florida have, it is imperative that the problems facing juries be discussed and explored. The question of whether or not juries can be trusted to comprehend highly technical evidence must be answered for the Florida jury to move forward into modern era. The subsequent question of what biases regarding highly specialized evidence have arisen must also be examined and addressed. Furthermore, solutions designed to increase a jury's …

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Citizens Policing The Police An Evaluation Of Citizens Recording Police Officer And Wiretapping Laws, Thiago Coelho May 2013

Citizens Policing The Police An Evaluation Of Citizens Recording Police Officer And Wiretapping Laws, Thiago Coelho

HIM 1990-2015

The focus of this thesis is to explore the legality, the issues, and the remedy to a controversial statute in the State of Illinois. This thesis will explain how the First Amendment relates to the Illinois statute and its desire of a citizen is right to report information that is not being granted. Moreover, this paper will further go into a recent legislative bill to amend the Illinois statute, its failure, the media surrounding the issue, and the consequences of amending or not amending the statute. It will further review state law in regard to citizens recording police officers, and …

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The Lasting Effects And Analysis Of The Supreme Court's Decision In The National Federation Of Independent Business V. Sebelius, Devin Esposito May 2013

The Lasting Effects And Analysis Of The Supreme Court's Decision In The National Federation Of Independent Business V. Sebelius, Devin Esposito

HIM 1990-2015

The purpose of this thesis is to examine the Affordable Care Act through an analysis of the United States Supreme Court's holding in The National Federation of Independent Business v. Sebelius. In order to better understand the Supreme Court's reasoning in that case, this paper will first examine the history and the function of the Supreme Court, which will demonstrate the Court's power to either augment or diminish the power of the states in relation to the federal government. This paper will then discuss the background of the Affordable Care Act, the procedural history of the case, and the majority's …

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The Cost Of Convenience The Extent Of The Reasonable Expectation Of Privacy In The Internet Age, Justin Karpf May 2013

The Cost Of Convenience The Extent Of The Reasonable Expectation Of Privacy In The Internet Age, Justin Karpf

HIM 1990-2015

The thesis will conclude by identifying issues that courts and legislatures will have to address in the coming years to adequately deliver justice in a dynamic society that is prone to powerful technological change.; Though the Internet and social media are fairly recent developments, the legal principles and issues embodied in them are well-represented in the Constitution. Take, for example, the freedom of expression enumerated in the First Amendment. Though traditionally in print, pamphlets, and film, recent developments in technology such as Facebook and blogs have become the new standard forms of communication. Like the physical mediums that arose before …

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Study Of Whether United States Supreme Court Sex-Discrimination Jurisprudence Is Well-Grounded In Fourteenth Amendment Legislative History, Jerrell King May 2013

Study Of Whether United States Supreme Court Sex-Discrimination Jurisprudence Is Well-Grounded In Fourteenth Amendment Legislative History, Jerrell King

HIM 1990-2015

The purposes of the following thesis is to research United States Supreme Court sex-discrimination jurisprudence and ascertain if Fourteenth Amendment legislative history was used, referred to, cited to, or quoted from, by the Supreme Court Justices in their opinions regarding sex-discrimination cases since the Amendment was ratified in 1868. Legislative history is a window into the drafting, debating, and intricate crafting of laws and amendments. When words and phrases that are used in the statutes, codes, and amendments are ambiguous or unclear, judges and justices should use the legislative history to ascertain the intent of the framers of the legislation. …

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The Plight Of Foreign National Women In The United Kingdom: Coercion And Trafficking As Factors Of Imprisonment, Sarah Lokey May 2013

The Plight Of Foreign National Women In The United Kingdom: Coercion And Trafficking As Factors Of Imprisonment, Sarah Lokey

HIM 1990-2015

Within the United Kingdom (UK) prisons exists Foreign National women (FNW), a unique demographic of women who are non-UK citizens who have committed crimes within the UK. It is important to delve deeper into the issue before judgment is made, however, it seems as though in most circumstances, most citizens are not willing or perhaps even unknowledgeable that such a population within prison exists. Therefore, it is important to educate others about the issues that FNW in prison face. This research focuses on the issues such as lack of special services for the women such as translation and family contacts, …

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Southern Honor: An Analysis Of Stand Your Ground Law In Southern Jurisdictions, Vaughn Glinton Jr. Jan 2013

Southern Honor: An Analysis Of Stand Your Ground Law In Southern Jurisdictions, Vaughn Glinton Jr.

HIM 1990-2015

In 2005, Florida became the first state to pass the heavily National Rifle Association, NRA, supported "Stand Your Ground" law. The most notable components of the law were abolishing the duty to retreat for someone who is not engaged in lawful activity and is in a place where he has the right to be, granting civil and criminal immunity to those using lawful force, and presuming that a person who is attacked in his dwelling, residence, and occupied vehicle has a reasonable fear of death or great bodily harm. The law was subject to a substantial amount of criticism because …

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