Global Intellectual Property Law
Discuss the impact of Global Intellectual Property Law upon the Telecom industry and upon businesses.
One of the most fundamental issues in today's society is intellectual property rights. These are basic trademarks which are used to protect the ideas and innovations of both individuals and firms. In the last several years, technology has made it easier for anyone to steal them with very little repercussions or enforcement. (Denton, 2011)
Evidence of this can been seen with observations from Denton (2011) who said, "Intellectual property rights provide the foundation upon which innovation is shared, creativity encouraged and consumer trust reinforced. But the digital world poses a new challenge -- how to manage the balance when the consumer is the creator, when the marginal cost of copying is zero, when enforcement of existing law is extremely difficult, and when 'free' access to information and content is considered by…… [Read More]
egulation of Technology
Many people have active disdain for governmental and other regulation when it comes to aspects of life. Whether it be speech, movement, where one can live, how one can travel and so forth, there are many regulations that just annoy and inconvenience a lot of people. One of those things would be technology. Many might pose the question as to whether technology should be regulated and to what degree. Many hold that the free market should get most of the sway when it comes to what happens and why. Other still say that intellectual property and patent rights when it comes to technology are just a boon for the rich and hurt the less advantaged. Even if there is some disagreement about the subject, the regulation of technology needs to be done on at least some levels and not having that regulation present would be a complete…… [Read More]
intellectual property? Why is it called "intellectual" property? Why is intellectual property such an important issue for entrepreneurial firms?
Intellectual property specifically refers to "creations of the mind" which are the protected work of an individual or an organization ("What is IP," 2015). These include "literary and artistic works; designs; and symbols, names and images used in commerce" ("What is IP," 2015). Intellectual property enables people and companies to financially benefit from what they create even if it is not a physical product and to self-identify by a unique image in the marketplace. The concept is important for entrepreneurial firms whose bottom line is dependent upon the creation of new ideas such as inventions and new processes. IP is protected by patents, copyright, and trademarks ("What is IP," 2015).
Identify and briefly describe the three types of patents.
The first type of patent is called utility patient which is used…… [Read More]
Also in the case of divorce, the spouses have to bear the responsibility of proving what all falls under community property for ensuring equitable distribution. Hence we can see that community property law is effective and promotes equity, but, there are certain wrinkles which need to be ironed out for ensuring that the law is followed fairly and justly.
Abts, Henry W. (2002) "The Living Trust: The Failproof Way to Pass Along Your Estate to Your Heirs..." McGraw-Hill Professional.
Gregory, John DeWitt; ichards, Janet; Wolf, Sheryl L. (2003) "Property Division in Divorce Proceedings: A Fifty State Guide" Aspen Publishers Online.
Lawyers Attorneys. (2007, May) "Community Property Law" etrieved 17 April, 2008 at http://legalcatch.wordpress.com/2007/05/22/community-property-law/
N.A. (2008) "Family Law - Divorce Law - Community property" etrieved 17 April, 2008 from http://family-law.freeadvice.com/divorce_law/1community_property.htm
N.A. (2008) "Married Couples: Who Owns What?" etrieved 17 April, 2008 at http://www.nolo.com/article.cfm/pg/4/objectId/70F6390D-B251-4CA7-A0B734844FB69A31/catId/F251EA55-13A9-4EE0-85D21CEB27636030/309/298/AT/
N.A. (n. d.) "The Ins and Outs…… [Read More]
The delivery of the deed and the warranties of title are all notions being presented in this chapter.
Chapter 11 discusses notions related to the title assurance, starting with the basic information pertaining to the recording system. The chapters introduces the basic, common law rule, which is that a grantee who was prior in time prevailed over one subsequent in time. The chapter continues by defining the several types of recording acts ("race" statutes, "notice" statutes, "race-notice" statues) and to the process of recordation, as well, as the effects of recordation and the requirements for this process.
The second part of this chapter refers to title registration. This is a process that is separate from the recording system and is currently used only in a couple of states. This type of approach does bring several potential issues, mainly claims of defects in conclusiveness. This is argued both with the defect…… [Read More]
Interestingly, the connection between private property ownership and political freedom developed in a roundabout way. As property owners grew richer from their commercial endeavors, the state sought to reap benefits via property taxation and this in turn helped to empower the people and Parliament. Pipes draws further connections between the evolution of the commonwealth, the British Empire, and burgeoning rights and freedoms for property owners.
Chapter 4 addresses the history and evolution of property ownership in ussia. ussia's history is far different from that of England, especially with regards to property and its connection with individual rights and freedoms (or lack thereof, in the case of ussia). Pipes explains thoroughly the origin and impact of the patrimonial system in ussia, which established monarchs firmly as the property owners and precluded genuine private property ownership. Patrimony, ussian style, is clearly and simply defined as "the fusion of sovereignty and ownership," (p.…… [Read More]
Although Daggett's proposal is harsh, the next governor should consider instating this measure, or a similar type of proposal.
The reason for high property taxes in New Jersey is multifaceted. In theory, property taxes are supposed to be equal in the aggregate: "Equalization as between individual properties within a municipality is an ongoing function. It is an important concern since its aim is to stimulate a continuous striving to ensure each individual parcel of property bears its just share of the property tax burden," but the rise of high-cost properties in districts with a substantial middle class population have made this goal of proportionality elusive (Short and simple, 2009, NJSLOM). In recent years, the poor and middle class have assumed a disproportionately large burden of supporting local budgets relative to the value of their property in the state.
hile a more equitable balancing of the tax burden by creating more…… [Read More]
Laws Governing Business Entities
Laws Governing Business Organizations
Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.
laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.
Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]
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.
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]
One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.
Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…… [Read More]
While it is a felony to flee the scene of an accident, a police office is ethically bound to report the issue if he himself is in such an accident. The same is with drunken and disorderly behavior or destruction of property. In "Choirboys" the police officers would congregate in a park after hours to engage in drunkenness, disorderly behavior and sexual orgies with women. And this park was supposed to be out of bounds and closed to the public after hours.
The introduction in this essay already alluded to the "blue wall of silence" that accompanies every police organization. This is an exclusive fraternity and officers are required to look after and out for each other. In fact, beat cops see themselves as removed from the detective squad, whom they refer to as suits. Certainly, most police hate the Internal affairs squad, though they were once beat cops…… [Read More]
Law and Society
Bowers v. Hardwick (1986) is a significant and highly controversial legal decision regarding Sodomy laws in which the U.S. Supreme Court by a 5-4 majority decision held that nothing in the Constitution "would extend a fundamental right to homosexuals to engage in acts of consensual sodomy." The decision meant that engaging in homosexual acts between consenting adults, even in the privacy of their homes, could be considered a criminal offence and the exercise of such law by certain states did not constitute a violation of one's fundamental rights or liberty under the Due Process Clause. The decision was incongruent with a number of court decisions on related matters and was widely considered to be a "mistake" by a number of jurists until it was finally struck down by the Supreme Court, 16 years later in Lawrence v Texas (2003). In this paper I shall discuss in the…… [Read More]
Law Enforcement Communications
Interoperability of Emergency Service Communications
The number and scope of each individual emergency and public safety agency has resulted in an ad hoc patchwork of communication equipment. Routine daily needs within one agency for clear and concise communication fall short of readiness for large-scale emergencies involving either multiple services or jurisdictions. The current budgeting autonomy of each public service department has resulted in a many agencies with antiquated equipment, while others posses more modern tools, that may sufficiently serve current needs, yet is clearly inadequate for more common emergencies like large fires or traffic pile ups. However, interoperability, the capability to communicate across different gear, radio frequencies, and standardization, both limits and delays the response time, as well as effectiveness, of each individual. hen emergencies entail injuries and danger, timely command and communication of resources may be the difference between life and death.
The video, "hy Can't…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
With certain luxury goods, the reverse of the law of demand holds true: the higher the price, the greater the perception of quality. A pair of Seven jeans or a pair of Sears jeans can be equally functional as clothing: but the greater social status given to the brand-name, designer jeans results in a higher price and greater demand for Seven jeans (Elasticity, 2009, Spark Notes, p.1). High prices can have a 'signaling' effect, justified or not, that the item is especially socially desirable or of higher quality (Thomas et al. 2004). High prices can also act as a form of screening of a 'certain type of customer:' the high rents in the Hamptons ensure that only very wealthy people can afford to rent or buy property in the area, making property in the region desirable because of its high price, although many other nice, seaside towns may be…… [Read More]
Specifically, perimeter security requires protocols for continuous monitoring of the entire perimeter, especially in conjunction with responding to potential breaches in any given sector (McGee 2006). Grounds and perimeter security also requires scenario-based training in conjunction with non-security-related emergency procedures. Specifically, periodic emergency drills involving building tenants and personnel may present a vulnerability where grounds and perimeter security procedures are not equipped to accommodate larger than normal volumes of foot traffic, such as typically associated with fire drills.
Optimal grounds and perimeter security protocols must include procedures for accommodating the increased traffic necessitated by non-security-related emergency drills without compromising general grounds and perimeter security considerations. For the same reason, information detailing emergency drill schedules must be protected from unauthorized access or unnecessary dissemination in advance (Larson 2007).
The primary technological advances in physical facility, building, grounds, and perimeter security relate to computerization of relevant security information and its…… [Read More]
Australian Property and Trust Law
The objective of this study is to examine a specific scenario. That scenario involves the writer of this work as solicitor for the Goldstone City Council, a fictional authority in Queensland, Australia and head of the property law division of the Council under the direction of the Head Legal Counsel. The Head Legal Counsel has asked the writer to provide a written response to her in regards to the following matter: In 2014, a wealthy local citizen, Mr. obert Kennedy, died. Clause 5 of his Will provides:
"I GIVE AND BEQUEATH the sum of FIVE HUNDED THOUSAND DOLLAS ($500,000.00) to my trustee, the said James Stewart, to establish a fund for the intercultural education of my grandchildren within the Asia-Pacific region AND I DECLAE that the fund so created shall be utilized towards the costs of travel and accommodation within that region and the costs…… [Read More]
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.
Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business
It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]
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]
Business operations are deemed viable of they succeed in establishing conditions that guarantee safety for its product consumers. Specified standards are applied by business entities to attain such viability. These considerations are critical in product safety, intellectual property, and marketing in general. If a company or business entity violates any of the aspects mentioned, it stands a high risk being caught in a web of ethical and legal complications that might destroy it. PhamaCARE finds itself in such a precarious predicament owing to its blatant violation of a number of legal and ethical standards. There were both ethical and legal problems that impacted on its clients and businesses. Investigating behavior is paramount in uncovering issues related to legal and ethical problems of any business entity.
Pursuant to the scenario above, identify three (3) legal issues and problems PharmaCARE has in relation to marketing and advertising, intellectual property, and regulation of…… [Read More]
The common characteristics of all property crimes
Property crime can encompass aspects of burglary, theft, or motor vehicle theft and this also includes attempted as well as completed crimes. In accordance to the Federal Bureau of Investigation (2010), property crime comprises of the wrongdoings of motor vehicle theft, larceny-theft, burglary, as well as, arson. In particular, the object of the theft-kind transgressions encompasses the taking of money or property, however with the lack of force or threat of force against the victims. Imperatively, the property crime classification takes into account arson for the reason that the offense consists of the destruction of property. Nonetheless, arson victims may be subjected to force. There are two crime measures in the United States with regard to crimes against property. One is the National Crime Victimization Survey (NCVS) by the Bureau of Justice Standards (BJS), which encompasses reported and unreported crime from the perspective…… [Read More]
(California EPA Land Use Regulations and Covenants NP) Without such covenants and restriction there is a clear sense that ignorance would drive selfish decisions about property use that could have lasting effects on the property and the whole region.
Thomas Jefferson, would have been unlikely to have experienced the extreme nature of environmental devastation that can be caused by overuse or poor use of land and property. In Jefferson's time questions regarding individual rights were the questions of the day. Questions regarding how toxic substances leech into groundwater was limited to urban human waste not complicated chemical agents. Additionally, there is a clear sense that individuals and agencies are far more informed today about environmental issues and their long-term impacts on the earth than ever before. This information and the abuse of it has broad implications on the earth as well as future planning and development. One example of the…… [Read More]
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation…… [Read More]
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]
Properties of Light
Light is one of the most basic physical phenomena. It is observed by most people on a daily basis, and even people who lack formal understanding of the properties of light have some understanding of its properties. For example, most people have seen mirrors, rainbows, and know that glasses can improve vision, though they may not understand that reflection of light explains how mirrors work, that dispersion explains the formation of a rainbow, or that refraction of light is used to form optic lenses. This paper will describe the various properties of light and explain how it acts in various mediums. It will discuss: the nature of light, which is a particular but behaves like a wave; color; velocity; refractive index; reflection; refraction; dispersion; total internal reflection; diffraction; and interference. Taken together, these various properties help explain how light functions.
Light is a form of electromagnetic radiation.…… [Read More]
" In this case the part of Dozey was complete as he had recovered the cat, and was in the process of returning the cat to the owner Cindy. By the logic of the Carbolic smoke ball case the contract was complete and Cindy could not withdraw the offer and therefore was bound to pay the sum. Thus the revocation even in the newspaper may not have much significance because it would not have been complete against Dozey as per the Carlil case. Secondly in the instant case Cindy tells Dozey that the offer is withdrawn after he has performed his part of the offer. Therefore the revocation did not happen because the conditions of the offer have been fulfilled before revocation and hence Cindy would have to honour the offer.
E-Law esources. "Dickinson v Dodds (1876) 2 Ch D. 463." etrieved 8 November, 2012
England and…… [Read More]
The current state of the Chinese legal system is in flux. To instate a system similar to that in the United States or Western Europe means undoing thousands of years of cultural norms. Confucianism and Communism are currently entwined to influence the ways disputes have been settled. Mounting pressure to develop a "fair and transparent framework of laws" stems directly from the fact that China is inextricably engaged with foreign businesses that need the rule of law in order to operate efficiently and effectively in the Middle Kingdom. Economic development is prompting overhauls of China's key political and social institutions: and the judiciary is one of the most fundamental such institutions to receive attention. Although some progress has been made already and continues to be made, it is slow and sometimes painful. As the PBS Wide Angle series presents, "the transformation" of China's judiciary from a traditional Confucian/Communist one…… [Read More]
One of the key issues that landlords together with property managers face is the issue of whether to return the security deposit subsequent to evicting a tenant. It is imperative to note that a tenant that is evicted does not automatically lose the security deposit that he or she paid at the start of the lease agreement. The clause that the firm’s client is considering inserting into a lease is allowable. The tenant has a general right to be given back the security paid at the start of the less with interest, less any damages that are rightfully withheld within a period of 45 days of leaving the property. This is imperative because the tenant is allowed to sue up to three times in terms of damages and attorney’s fees. However, in effect of being evicted from the premises, this particular provision is not applicable to the tenant.…… [Read More]
law help protect the environment and what steps can citizens take to ensure that the law accomplishes this goal?
Protection of the environment is important for our health, but humans affect the system through various means such as through polluting water and atmosphere with toxic gasses, with oil, with car fuels, and with debris that is plunked into the waters as well as depleting the fisheries and filling the air with smog and the earth with pollution.
It is for this reason that legislation is put into effect to curb our destruction and to teach us how to look after the environment in better ways. The state employs its own regulations, but it needs a synthesis of both state, business and citizen involvement to safeguard the environment, and motivation from both business and citizen is not always forthcoming. The following essay discusses policies that have been implemented to help protect…… [Read More]
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…… [Read More]
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 and society are intertwined, and how social conflict can actually aid in creating criminology. I also have a much deeper understanding of the many different theories on criminology and society, and how each of them has merit, at least in one form or another.
Just about all of this information was new to me because sociology is not my strongest interest, and yet the information here was informative and interesting. I did not know there were so many different perspective theories pertaining to the legal and criminology community, and I did not know the ideas of each one. I knew that Marxist philosophy and criminology had many commonalities, but I did not know the extent of them until I read this chapter. I also did not know about "radical" criminology.
It was surprising to me that so many criminologists have studied these social causes of crime, and made such…… [Read More]
life we are always faced with situations where the rights on one individual overlap those of another, causing a legal conflict that is often decided upon in the court of law. In many cases, these are private rights, but we are sometimes in a situation when the rights delimitation is imposed by the government, as is the case with the tobacco industry and smoking regulations and delimitations.
The problem with smoking in public places bares much resemblance in Canada, Europe or the United States. The right of smoking individuals to smoke in public places was gradually and constantly diminished to the degree that nowadays smoking in restaurants, offices or any closed locations. The movement against smoking in public places seems to have started in Canada in the early 1990s, when the City of Toronto emitted a series of by-laws, referred to as The Workplace Smoking y-law. This law "requires all…… [Read More]
The officer can even help a community organize a neighborhood watch. A policeman must show that he or she is part of the community, not an adversarial pressure upon the community. The police oppose criminals and crime, not all civilians: this must be communicated clearly in the officer's demeanor and manner.
Not all of the individuals a policeman encounters are potential defendants. The officer's ability to function depends on his or her qualities of sensitivity and intelligence, rather than enforcement principles alone: a policeman must be able to mediate between two warring neighbors, give aid to a victim after a crime, and know how to preserve a crime scene so that valuable evidence can be collected. Even when dealing with a suspect, a police officer may need to use various levels of force to act in a just fashion: when apprehending a suspect who is nervous and not likely to…… [Read More]
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]
Governing Law and Forum Selection
Boilerplate Language in International Contracts
USA-Brazil Trade: ules of Trade
Other Important Agreement and Laws Governing U.S. and Brazilian Trade
Comparison of Arbitration in South Carolina and Brazil
Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases…… [Read More]
ender to Ceasar the Things That Are Ceasars
ender unto the Caesar the Things that are Caesar's
"ender unto Caesar what belong to the Caesars" is the beginning a phrase ascribed to Jesus in the synoptic gospel, which fully reads, "ender unto the Caesar what are Caesar's, and unto God what belong to God." This phrase has been a widely quoted and controversial summary on the relationship between the contemporary secular authorities and Christianity. The origin of this message was from the response posted to a question on how lawful it was for the Jews to pay taxes to the Caesar. This phrase gave rise to all possible and multifaceted interpretations (obert & Miller 1995, 421) concerning the conditions under which it could appear desirable for Christians to earthily commit themselves to earthly authorities. All the three synoptic gospels elicit a group of hostile questioners who tried to trick Jesus…… [Read More]
AH&LA: ecent Lobbying Initiative
The American Hotel & Lodging Association (AH&LA) is a lobbying group which supports the interests of the hotel industry in congress as well as provides educational and professional resources for members. Networking is a critical aspect of surviving in hospitality and AH&LA offers numerous conferences throughout the year, during which its members can "exchange ideas, strategies, and contacts with industry leaders" as well as with one another ("Conventions and events," 2015). The AH&LA has supported a number of recent acts of legislation to protect the industry including the ADA Education and eform Act of 2015, H.. 3765.
According to the AH&LA, the ADA Education and eform Act of 2015, H.. 3765 addresses what it calls the "unseemly practice of 'drive-by' lawsuits ... by specifying clear, unambiguous rules for identifying and correcting ADA access violations before allowing litigation or a drawn-out settlement process" ("AH&LA applauds," 2015). The…… [Read More]
Undocumented Immigrants in Gainesville
The city of Gainesville has a population of about 54,000 and of these, approximately 3,200 are illegal aliens. The law enforcement community in this city is charged with protecting these undocumented aliens on the one hand and enforcing illegal immigrant laws on the other. To the extent that undocumented residents are afraid that the police will enforce the latter may be the extent to which they are discouraged from seeking help from the law enforcement community when they need it, exacerbating existing crime levels. Conversely, the extent to which law enforcement authorities fail to enforce illegal immigration laws may be the extent to which they are viewed as being malfeasant in the prosecution of their official duties. To determine the optimal course of action for law enforcement authorities faced with these conflicting priorities, this paper reviews the relevant literature including a discussion of so-called "sanctuary cities"…… [Read More]
..individuals are taxed in their total annual income minus their net new additions to savings, which equals annual consumption (eiler).
Both forms of consumption tax are not without their troubles and for the most part there is no consensus on the benefits of either alternative. Overall, the quest to reform the current system of taxation rages on. It will be very difficult to reform the current progressive tax system of because it is so steeped in bureaucracy and tradition.
The purpose of this discussion was to examine the progressive income tax. e found that the this tax system operates by taxing a certain percentage of individual income excluding certain deductibles. The investigation detailed the history of progressive taxation and clearly defines progressive taxation. The investigation revealed that the implementation of such taxation was controversial since its inception which came as a result of an amendment to the constitution. In…… [Read More]
Law Enforcement Funding
Police departments, along with other urgent and vital agencies like fire departments and other public safety divsions, enjoy the luxury of being among the last departments to be cut when funding is tight due to the necessity of keeping fire and crime prevention agencies in full effect. That being said, police departments can absolutely use other means other than tax dollars to fund their efforts, and often at the expense of criminals. While there can be limits, it is entirely possible and practical to fund police activities and duties without using public dollars and many are already in full effect in many departments.
One quick and easy to fund police activities is to seize assets used in the commission of felonious behavior and auction it off to the highest bidder. The proceeds can then be used to fund police activities. Examples of items that can be seized…… [Read More]
Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democratic law-making remains marked by a necessitate to have the approval of the people, a system of checks and balances, and public policy elasticity matched to the problems of time and place (Bakken, n.d.).
This everyday law-making process is part of a historical development that is English in origin. When English colonists in colonial America put into practice the law-making heritage that they brought with them, they made definite changes to suit their new surroundings. The King of England granted charters to individual landowners and joint stock companies of entrepreneurs for the various colonies affording varying degrees of law-making power, but all English colonists had law without current charters and colonial statutes. They…… [Read More]
ole and Functions of Law in Business and Society
The relevance of law and order in both business and society cannot be overstated. In this text, I address both the functions as well as the role of law in business and society. In so doing, I will also state the primary role played by law in my present job industry.
In basic terms, law permeates almost every facet of our daily lives. To properly highlight the role law plays in business and society, there is a need to first define the term law. It is important to note from the onset that law as a term does not have an assigned definition. In that regard, scholars and legal experts have over time attempted to define law by floating various definitions of the same. One of those who have attempted to define law is William Blackstone. According to Mann and oberts…… [Read More]
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]
Stand Your Ground Law
'Stand your ground' laws
tand your ground' laws are extremely controversial pieces of legislation.
Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.
It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy
tand your ground' laws are extremely polarizing pieces of legislation.
My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.
Zimmerman…… [Read More]
Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.
Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.
Components of a Will
Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.
Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.
Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]
The objective of this study is to research cases in which U.S. citizens were denied their right to privacy and safety by either a city or country within their own property line by being told what type of fence they either can or erect in their own yard to ensure safety and privacy and where this decision was overturned in the favor of the city. The case in question involves a realtor who assured a new homebuyer that they could erect a fence that was similar to other wood fences in the neighborhood. The California Codes: Health and Safety Code Section 115920-115929 states that swimming pool fencing enclosures on pools in residential areas are required to have the following characteristics:
(a) Any access gates through the enclosure open away from the swimming pool, and are self-closing with a self-latching device placed no lower than 60 inches above the…… [Read More]
com" from an Internet host in Maryland to a host in New York.
The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense to the action relied on a clause in their contract with Novak that specified a Canadian forum to resolve any disputes but Novak argued that an automatic process of "clicking through" a contract could not hold him to a forum selection clause that was not negotiated specifically.
Is a party to a contract held to a forum selection clause when that clause was not subject to a negotiation?
The process of "clicking through" is commonly accepted…… [Read More]
Comparative Law and Business
A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More]
The author of this report has been asked to answer regarding several different legal and/or ethic cases or questions. Those cases/situations are Wrench LLC vs. Taco Bell, California & Hawaiian Sugar Company vs. Sun Ship Inc., the general legal cases and practice of cybersquatting and general ethics. While these cases are controversial and the topic of many scholarly conversations, the outcomes that should have happened are quite clear.
egarding the Wrench LLC vs. Taco Bell case, it is clear that Taco Bell used the Wrench idea and just the idea that Chait/Day saying that they figured out the concept on their own was an obvious lie. Taco Bell did not act ethically as they took the idea offered to them by Wrench LLC and used as their own using Chait/Day as a proxy. egarding whether Taco Bell entered an implied-in-fact contract, they really did. The reason this is…… [Read More]
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]
By developing military weapons that can hurt a large percentage of people if deployed, what the country is doing is the exact opposite of what it is required to do. If I am not getting the benefits I expect, this means I can disobey the law if the moral need to do so arises.
Gratitude then becomes a vague term. I am grateful to the state for something such as property on which I live, rights that I have had, access to education and healthcare I have enjoyed. In exchange for these, I am expected to obey the law. Fair enough! But if obedience of law hurts my rights or rights of some other person, should I still follow the law? This is the question that we need to ask ourselves. There is more than one case where we might actually end up hurting the moral rights of someone while…… [Read More]
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.
Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]
International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.
Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).
Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.
Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]
Most people think about the laws of their country, state or city as being there for their own good and to protect either them or those who cannot protect themselves, such as children and animals. However, a look at some of the laws still on the books in our states and cities makes the reader wonder what the lawmakers were thinking when they passed those laws. These "protective" laws may not have actually protected many people or animals from very much.
Some laws are more understandable than others. A number of archaic laws involve what is and is not appropriate clothing, and others govern what is and is not acceptable language. While today we know that in the great majority of cases, both clothing and language are protected under the Constitution, there was a time when lawmakers thought it necessary to restrain both how people dressed and how…… [Read More]
This is a most important question today, for it is sometimes said that the pursuit of profit ought not to be the primary and dominant goal of a business firm but rather must be balanced by concern for customers, employees, or society. In order to see what the standards for proper managerial conduct might be, we need to understand what is meant by "free market society."
Within a free market society, it is generally thought that the primary goal of a business organization is the attainment of profit. Though businesses often consider other objectives (service to customers, employee needs and well-being, assistance to the needy) it cannot be denied that the attainment of profit is the overall and guiding objective of the business organization. Thus, the first question that managerial ethics should consider is whether or not it is ethically proper to make the attainment of profit the…… [Read More]
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.
There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.
A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…… [Read More]
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the estern District of Tennessee, which granted summary judgment in favor of defendants, a town, its administrator, a fire chief, and an assistant fire chief, on his procedural due process and equal protection claims under 42 U.S.C.S. § 1983. The district court also dismissed the firefighter's claims for civil conspiracy under state law.
The firefighter, who was white, claimed that he was offered but then denied a promotion to the position of fire lieutenant because of his race. Instead, another firefighter who was black was promoted to the position. Defendants argued that the black firefighter was promoted because he ranked above the white firefighter in the testing and interview process. On appeal from the district court's decision, the court held: the district court properly…… [Read More]
Ethics in Shaping American Law: AA Model Rules
The objective of this study is to examine why ethics are so important in shaping American law and to explain three important AA Model Rules along with examples that apply to law firms. This work will also explain three important AA Model Rules with examples that apply to Attorneys and will summarize the application of the AA model rules and responses to these questions.
The American ar Association is reported to have made the provision of leadership in legal ethics through adopting professional standards that "serve as models of the law governing lawyers since adoption of the Canons of Professional Ethics in 1908. The latest version of these standards is the Model Rules of Professional Conduct, first adopted in 1983, and amended a number of times since then. The Model Rules replaced the Model Code of Professional Responsibility which was adopted in…… [Read More]