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Legal Analysis of Indirect Expropriation Claim Under...
WRITING SAMPLE Kiho Kim 101 Cherry Ave. Bethpage, NY 11714 (070) 8624–1462 The
attached writing sample is an excerpt from a research paper submitted for the international business
transaction course of Hofstra School of Law. This research paper addresses potential controversies
arising from the investment provisions of KOR–US FTA, particularly focusing on indirect
expropriation claims under KOR–US FTA. The beginning chapter provides a brief history of
expropriation provisions in bilateral investment treaty. The second chapter discusses indirect
expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter
analyzes detailed criteria to review indirect expropriation claims in the context of ... Show more
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In the next chapter, the Article will evaluate the influence of the NAFTA Chapter 11 on the
expropriation provisions of KOR–US FTA, and attempt to discover discrepancies between the
NAFTA Chapter 11 jurisprudence and the U.S. Taking Clause jurisprudence. Particularly, this
chapter's analysis will offer a helpful insight on understanding of the textual improvement made in
KOR–US FTA because the investment provisions of KOR–US FTA are basically modeled on the
NAFTA Chapter 11. Finally, the Article will explore the concrete standard for determining an
indirect expropriation articulated in KOR–US FTA, and analyze each considerable factor under
customary international law. II HISTORY OF INVESTMENT TREATIES AND EXPROPRIATION
Industrialized countries have long made efforts to achieve a global consensus about the principle
that foreign investments cannot be nationalized without appropriate compensation. Particularly, the
United State has strongly endorsed the "Hull Formula," which requires a state to provide "prompt,
adequate, and effective" compensation for the expropriation of foreign investments. 1However,
continuous attempts to incorporate the Hull Formula into multilateral 1 See Andreas F. Lowenfeld,
International Economic Law, 397–402 (2002). 3 treaty were frustrated because the
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Guyon The Knight Of Temperance's Horse
Artegall is first compared to Bacchus (I.2.1) and Hercules (2.2.6) with his "club of justice dread"
(I.2.9) to give him the authority of precedent mythical figures to subdue lawless men and even
monstrous tyrants(1.2) in the narrative voice's violent construction of common law, and by his
training under the goddess Astrea he is given the instruction on how to apply equity but perhaps not
the conscience for it. Certain moments demonstrate he incorporates an understanding of equity, but
more along the lines of using it as an authority. To be clear, equity is divided into the trial's
composition, whether it's particular circumstances fall outside the confines of the documented
common law and as a result is needed to be judged accordingly ... Show more content on
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Now, moving backward from these trials back to the first trial in Canto I, the trial of Sir
Sangliere and the unnamed squire (V.1.25–30), Carol Stillman in Nobility and Justice in Book Five
of The Faerie Queene, asserts "there is no body of laws or precedents to cite for or against
Sanglier", and as consequence, Artegall must find other means to accomplish his task which leads
him to employ "an adaptation of Solomon's strategy" (541).Despite what Stillman states, there is an
antique legal doctrine that changes the crime of this case and places it under a precedent boundary
and thereby, common law. At first, it may seem odd Artegall refrains from his usual immediate
tendency to violence or sentencing corporal punishment, but as Stillman states, the trial's process is
governed by its adaptation to Solomon's first judgement, which contrastive to her is perhaps in itself
precedent enough; however there is yet another specific legal doctrine of common law that dictates
the sentence. In this dispute, the allegory provides the precedent verdict and procedure, but it is the
interpretation of marriage in common
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Analysis Of Privacy In John Locke's Two Treatises Of...
In his book, Two Treatises of Government, John Locke articulated his belief that "the condition of
human life ... introduces private possessions." He furthered this idea, explaining that "every man has
a property in his own person. This nobody has a right to, but himself."1 This philosophy was
embodied through the unalienable right to liberty outlined in the Declaration of Independence. It
was echoed by the founders in their frustration with King George III's disregard to liberty.2 The
underpinnings of privacy were also seen in other colonial documents. Alexander Hamilton wrote in
Federalist 78, "Liberty can have nothing to fear from the judiciary alone, but would have everything
to fear from its union with either of the other departments."3 In this he warns that although the
Supreme Court upholds the right to privacy, in can be undermined by the other branches of
government.
In their 1890 article entitled the "Right to Privacy," Lewis Brandeis and Samuel Warren embodied
this same philosophy. They stated that "the individual shall have full protection in person and in
property." This is considered the origin of what they consider the "right to be left alone."4 This
definition pertained only to the protection of informational privacy; it therefore ... Show more
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He wrote, "To protect that right, every unjustifiable intrusion by the government upon the privacy of
the individual, whatever the means employed, must be deemed a violation of the Fourth
Amendment."10 This approach was used several decades later in the case of Katz v. United States
(1967), which reversed the ruling in Olmstead v. United States.11 In this case, the Supreme Court
held that the government needed a warrant under the Fourth Amendment to listen to a person's
conversation from a telephone booth. The court stressed that the individual had a reasonable
expectation of privacy.
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Jean Paul Sartre
The author emphasizes "Jean–Paul Sartre proposes that ownership extends beyond objects to
include intangible things as well." (Jean–Paul Sartre). This quote states the fact of property, not
being only applied to an object but also to experiences, feelings, and talents which are things many
people overlook. Many people believe ownership is something only applied to the amount cars or
money that one has in their bank account, but this only shows the immense emptiness that they have
in their lives. And the only way for them to be happy is by filling it up with the only object that only
makes it deeper.Today's society believes that ownership is not based on the amount of tangible
goods one has but the experiences they have lived. Ownership can not only be based on materialistic
things but also experiences of a lifetime. When people speak of ownership the first thing to mind is
an object such as a car, house, phone, clothes, or toy; but ownership is not only objects but also an
experience of a lifetime. for example having a fear of ... Show more content on Helpwriting.net ...
Through time many wealthy and influential individuals have had the idea that by having an
immense amount of money is the way of being happy but this is not true. The author emphasizes
"When people lack jobs, opportunity, and ownership of property they have little or no stake in their
communities" (Jack Kemp). This quote tries to explain the fact the those who are materialistic suffer
when all their riches and power are taken away do not stand a chance in a normal community.
Mainly because they have only learned to love objects and never really love anything else because
of the lack of people in their lives. Which leaves the question how can we avoid becoming so selfish
and cold hearted when in today's society that is all there is? By treasuring what we have now as if it
were to be taken away from us
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Private Ownership And The Natural Right Of Property...
Compare and contrast the account of the origins of private ownership Grotius gives in The Freedom
of the Sea (1609) with the one he gives in The Laws of War and Peace (1625). To what extent does
Grotius argue for the natural right of property ownership?"
8150842
ECON32002 Property and Justice: From Grotius to Rawls
John Salter
30 March, 2015
Introduction
This paper aims to discuss private ownership and account for the origins of private ownership as
well as comparing and contrasting these accounts through the ideas of Grotius in his two
publications; The Freedom of the Sea (1609) and The Laws of War and Peace (1625). In addition,
the paper aims to discuss the extent to which Grotius argues for The Natural Right of Property
Ownership.
Through studying these works of Grotius in the manner outlined above, it will become clear that the
overall idea is that the common ideology that private ownership means that owners can do whatever
they wish with what they own is incorrect. Both private and common ownership are established on
the right to alienate a thing regardless of the number of people that have possession of the thing. In
the case of common ownership social and legal norms can make the ownership of a thing subject to
group ownership. In the case of private ownership these social and legal norms are not applied
although things are owned. Regional social circumstances determine which type of ownership
provides the highest benefit to the owners where as
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John Locke Explains Economic Inequality
In his Second Treatise of Government, John Locke creates an argument that details how individuals
attain private property and how some can end up with more property than others. He attempts to
justify the resulting economic inequality, but is unsuccessful, failing to address many of the
problematic issues that arise from his claim.
Locke begins his explanation of private property by establishing how individuals come to possess
property separate from the common resources of mankind. The defining feature of a piece of private
property is labor, as the individual who performs the "labour that removes [the good] out of that
common state nature left it in" makes the property his own (V. 30). According to Locke, the
common resources of nature are open to all mankind, but a good becomes an individual's own when
a person performs some sort of labor on it. This stems from his idea that industry is an extension of
self–ownership – people have natural rights of their own being, and extending these personal rights
through work is how people come to own other things. Labor is what establishes ownership of a
good, and as long as the amount of property taken is within a reasonable and modest amount, people
are free to take what resources they must from the Earth. Although Locke argues in favor of the
possession of private property, he emphasizes the point that it is "dishonest" for a man "to hoard up
more than he could make use of" (V. 46). When people take property in excess, perishable
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Walt Disney 's Intellectual Property Rights
Sophie's business name needed to be unique enough where it doesn't actually infringe on any of
Walt Disney's intellectual property rights. Even though he name is not exactly "Walt Disney" and the
title of her business is "DisneyHartford", the fact that she still included "Disney" in her title is a
problem. When you think of the word "Disney", you automatically think of children's entertainment;
as a result, this goes to show that consumers typically link the word "Disney" to a specific origin.
Since the purpose of her business was to make an entertainment center for children, she is violating
their rights because both companies are too similar. Consumers will assume that her entertainment
center is affiliated with the Disney Brand when it ... Show more content on Helpwriting.net ...
If there is a breach in the contract where the Powerball did not give him his percentage, then this
should stay between the Mobile Station and Powerball. Sophie should not be involved in this
situation because she was not a part of the contract initially.
Property refers to tangible and intangible items. Ownership is a concept that means the right to
exclude others (pg. 233). Goodwin secretly owning properly without disclosing this information
with other people or students to the least is a little sketchy. However, I guess if they legally do own
this real property than Sophie has to give it back to them. The legal system protects the right to own,
acquire, protect and divest of real and personal property (pg. 235). If they have never sold this
properly it still belongs to Goodwin. It was her fault that she purchased this property without
researching it. Sophia is also at fault for purchasing real property without getting a title that the
properly belonged to her. Ownership rights are transferred by titles (pg. 245) Even though the
property seemed abandoned; no one technically relinquished new ownership towards it so it still
belonged to Goodwin. Sophia got herself involved with a scammer. Sophia should contact Attorney
Sleaze and sue him for selling her property that was already owned by somebody else. If she gives
back the property to Goodwin, she can also sue him for her money back. She paid $2 million dollars
for legal fees so it was his job and responsibility to
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Stock Market Disadvantages
The stock market is a very commonplace for people to invest their money to, the question is should
it be in the stock market or the real estate business.
Stocks
The stock market is a very good way to invest your money. The stock market is easier to diversify
with your money, which gives you a better chance of choosing a company that will do well. In long–
term use, your stock portfolio can be used as tax–free retirement funds and can help to build your
Net worth. Some companies grow from 20%–50% in a year which could make your investment well
worth the money you spent on it. With some companies offering dividends to their stockholders, you
can take the money and directly reinvest it into buying more stocks, which will increase your overall
Net worth also. On top of the relatively low price of stocks, the fees you pay when you buy and sell
the stocks are also at a relatively low percentage, usually about 1%. You also never have to go into
work or manage them at all because the businesses all already have the necessary employees.
Where stocks are a good thing to invest in there are also some negatives to investing in the market.
A big downside is that the value of the stocks is based solely on the company, and you can't really
do much to improve the stock value. Another problem is how the stock value changes so
dramatically at times. A stock can go from doing very well to doing the worst it's ever been
overnight, but it can also go the opposite way. The biggest problem with that is it is emotionally
taxing to the people who worry about it and think about it constantly. Often investors lose money on
stocks due to the physiological problems that come up with owning a
stock, and with that you not only have to be mentally solid, but you have to be mentally strong. It
takes a lot of discipline to make money on stocks. You have to have trust in the company, in their
managers, their employees, and the auditors. Taking out a loan to buy stocks is also a very risky
thing to do because if the value of the stocks drop and you don't have enough money to make a
payment on the loan you could be forced to buy back a stock at a loss. The taxes on dividends is also
high, about 15%–20%.
Real Estate
Real estate is a good way to
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The Rise And Development Of Liberalism
The concept of ownership is one that seems elementary; however, when thought about, it is
something very puzzling and convoluted.You do not really own anything unless you created it. You
can buy a book with your own money that you earned, and you will have that book, but you will not
truly own it. You did not write the words inside it or drew the art on the cover, it is not yours. You do
not even own the paper upon which the book is printed. You just have possession of another person's
creation. People are most often guided into thinking that if you have something, you own it.
The rise and development of liberalism in Enlightenment political thought has many relations with
the growth of what is today called "civil society", the society characterized by work and trade in
pursuit of private property. Several Enlightenment thinkers, such as John Locke had thoughts about
ownership and what it means to be an owner of private property.In Locke's Second Treatise he
writes: "It is very clear, that God, as king David says, Psal. cvx. 16, 'has given the earth to the
children of men;' given it to mankind in common. But this being supposed, it seems to some a very
great difficulty how any one individual should ever come to have a property in any thing ... I shall
endeavour to show how men might come to have a property in several parts of that which God gave
to mankind in common, and that without any express compact of all the commoners" He makes the
point of that while we all share
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The Law Of Copyright And Its Historical Development
The Law of Copyright and its historical development – Tracing back the historical development of
copyright protection of the authors work, the idea of copyright protection only began to emerge with
the invention of printing, which made it possible for the literary works to be duplicated by
mechanical processes. Prior to that, hand copying was the sole mean of reproduction. Following
Gutenberg 's invention of printing press in 1436 in Germany, the necessity of protecting printers and
booksellers was recognized there. Consequently, German Principalities granted certain privileges to
printers and publishers and also authors. The art of printing spread quickly in Europe, King Richard
Ill in 1483 allowed foreigners to import manuscripts and ... Show more content on Helpwriting.net
...
In 1556, a Royal Charter was granted to the Stationers ' Company which provided the right to
administer a system of private registration of all published works. Thus all books, which were to be
printed or reprinted, had to be entered in the register of the Company before being published. The
company had powers to deal with infringement by seizure and destruction of illegal copies .
In 1662, the Licensing Act was passed in 'England which prohibited the printing of any book which
was not licensed and registered with the Stationers ' Company . This was the first clear law which
was aimed at protecting literary copyright and checking piracy. It provided for the seizure and
confiscation of the unauthorized copies and also for imposing the penalty of fine on their printers,
The Act was short lived and repealed in 1679.
With the onward march of civilization, copyright assumed more significance. It was realized that the
role played by the authors and publishers in the development of society by the creation and
dissemination of their works was required to be supported, encouraged and adequately rewarded. As
a result, the Act of Queen Anne was passed in 1709, in the United Kingdom. This was the world 's
first copyright law which laid down three basic rules. Firstly, the authors of books not yet printed
were to have the sole right of printing for 14 years from the date of publication. However, after
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Tax Simulation Research Paper
Subject: Tax Issues of Lee's Decision on Purchasing a Vacation Condo
Facts: Mr. and Mrs. Lee are considering investing in a $500,000 condominium in Miami Beach,
Florida, as their vacation home. Their marginal tax bracket is 33% and they also pay Maryland state
and country income taxes at a rate of 7%. They are required to put down a 20% deposit and will get
a mortgage for the balance for ten years' interest at 5% annually. They can rent the condominium
back to the Developer for two years for $4,000 a month and still use the unit for up to 30 days a
year. Besides, indirect expenses are estimated including property taxes at $10,000 a year, a
maintenance fee at $6,000 a year, insurance at $200 a month and utilities at $300 a month. The ...
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In §1.183–1(d), the renting and holding of the condo will be considered a single activity only if the
income derived from renting exceeds the deductions which are not directly attributable to the
holding of the condo. In fact, assuming the rental period will be 11 months of two years, the annual
rental income will not exceed the annual deduction. In regard of the Lees' intention to spend more
time in Miami after their retirement, it is not an activity engaged in for profit.
Issue C: What are the prospective deductions and tax savings assuming ownership and operation of
the condo if the ownership and operation of the condo is not an activity entered into for profit?
Authorities: §1.183–1(d), § 280A(e), § 163(d), §1.164, § 168(b)
Conclusion: With standard deduction, the taxable income of first two years will respectively be
$8,140 and $7,417. Consequently, the tax savings will be $5,454 and $4,969. If it is with itemized
deduction, the taxable income will be $9,073 and $8,295 and the corresponding tax savings will be
$6,079 and $5,558.
Analysis: The prospective deductions include interest expense, real property tax, utilities, insurance,
maintenance and depreciation, which may generate tax savings limited to the income from
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Copyright And Its Developments, Emphasis On Moral Rights
Copyright and its Developments, emphasis on moral rights The Law of Copyright and its historical
development – Tracing back the historical development of copyright protection of the authors work,
the idea of copyright protection only began to emerge with the invention of printing, which made it
possible for the literary works to be duplicated by mechanical processes. Prior to that, hand copying
was the sole mean of reproduction. Following Gutenberg 's invention of printing press in 1436 in
Germany, the necessity of protecting printers and booksellers was recognized there. Consequently,
German Principalities granted certain privileges to printers and publishers and also authors. The art
of printing spread quickly in Europe, King Richard Ill in 1483 allowed foreigners to import
manuscripts and books into England and print them there. As a result of this, much of the book trade
came in the hands of foreigners. However, this freedom enabled England to emerge as a major
center of printing trade in Europe. The spread of technological innovation led to creation of a class
of intermediaries who made the initial investment in bringing out a book i.e. printers who at the
same time also functioned as booksellers. They were called 'Stationers ' in England . In 1523 and
1528, restrictions were introduced by Henry V Ill, prohibiting the importation of books altogether in
1533 on the ground that there were enough printers and book–binders in England. In 1529, a system
of privileges was
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Social Interactions And Tangible Items That Might Function...
Prior to the study, the researcher identified preferred social interactions and tangible items that
might function as reinforcer. For the social interactions, pictures of the experimenter and the child
engaging in these interactions were taken with a digital camera and for the tangible items, pictures
of the tangible item were also taken to be used in a preference assessment. Pictures were then
printed in color onto 7.62 x 12.7–cm cardstock paper. A multiple stimulus without replacement
preference assessment was conducted to determine preferences for the interactions and tangible
items (DeLeon & Iwata, 1996). Then a reinforcer assessment was conducted to determine whether
the interactions and tangible items functioned as reinforcers for the child. A multi–element within a
reversal single–subject experimental design was used for the reinforcer assessment (Graff & Gibson,
2003).
Preference Assessment
Response Measurement
A selection response was defined as the child touching one of the given picture cards after the
experimenter gave the instructions "Pick one". The child had 15 seconds to select a picture. The trial
ended and the child was granted 15 seconds to engage in the interaction contingent on making the
selection. Tangible items were not visible as the child chose pictures. The experimenter provided
participants with an item to engage with contingent on participants selecting pictures of tangible
items. If no picture was selected within 15 seconds after the
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What Are The Key Points To Consider When Drafting And...
Introduction
Clinical trials are research based studies that are performed to determine whether a drug, device, or
medical procedure (depending on the stage of the study) is safe and effective. A complete set of
trials that would include all phases may cost hundreds of millions of dollars which is usually paid
for by a sponsor such as a government agency or a for–profit company. Increasingly, clinical trial
activities are contracted out to service providers such as an academic medical center (AMC), a
contract research organization (CRO), or a physician's practice and this outsourcing requires
negotiation and execution of CTAs. Therefore, a clinical trial agreement (CTA) is required between
the sponsor and the organization to conduct the ... Show more content on Helpwriting.net ...
This may sound odd, but it is vital to ensure that the party is a legal entity. In addition, the corporate
identifier and address should appear in the agreement. The individual signing the agreement must be
an authorized representative of that organization who can legally bind it to perform the obligations
stated in the agreement. It is also important to identify the Investigator who is assigned to conduct
the study and whether the Investigator is an employee of the organization. Otherwise, the
Investigator may be considered party to the agreement whose personal obligations, as well as
liabilities, must be included in the agreement. Services: The agreement has to set forth the parties'
mutual rights and obligations in connection with the conduct of the study. Therefore, it is important
that the agreement clearly and succinctly reflects what each party will be responsible for. The
language in the CTA should be vague or general, the wording must be exact and precise; otherwise a
party's expectations or understanding may be misplaced and the agreement may be breached. Laws:
The life sciences is a highly regulated industry subject to local, state, and federal laws and
regulations. In addition, if the sponsor is a foreign entity, there may be a host of other laws and
regulations that would influence the agreement. The laws and regulations
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The Power Of State Versus Individual Rights Essay
INTRODUCTION
Throughout the history of mankind, societies have tried to balance the relations between Individual
and the State. The Constitution of India in its original un–amended form had deftly balanced
individual right and the power of state, vis–à–vis, Right to Property. However, this was soon
overwhelmed by the socialistic philosophy, and the right to property was relegated from a
fundamental right to a mere legal right . This gave tenacity to the government 's acquisition of
private property under the doctrine of eminent domain, for the greater good and development
purposes. This doctrine of eminent domain is itself contended, as it raises the classical debate of
power of State versus individual rights.
One of the key challenges facing the development of infra¬structure in India is the acquisition of
land. Landowner¬ship confers tangible benefits such as shelter and liveli–hood, as well as intangible
benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with
their land unless mutually acceptable terms including compensation are agreed upon. Problems arise
when land is required for "pub¬lic purpose" and the state can invoke laws that allow for
com¬pulsory acquisition through 'eminent domain' . Often, the land acquisition process is neither
consultative nor transparent. Further, land–titles are unclear and identifying parties eligible for
compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and
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Essay Music Copyright
What is a Copyright?
Music Copyright is a very important aspect of the music industry. The Copyright law was
established to preserve the creativity and rights of authors, composers, performers of expression.
Copyright is the law that protects the property rights of the creator of an original work in a fixed
tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is
something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can
be seen every where in the music industry. Many music artist of our culture today have been
involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry
becomes increasingly concerned about protecting the ... Show more content on Helpwriting.net ...
This establishes the artist as the creator of that work. It is not illegal for a person to write the symbol
on their work themselves. The correct way to place a copyright symbol on your original fixed
tangible medium is like this:
Copyright © 2001 Aja Star Lane
For record companies it, looks like this:
© 2001 Virgin Records. All Rights Reserved. (http://askjeeves.com/copyright/html)
This states the day of creation of a musical work. If you do not have the money for the legal fees of
the federal copyright process yet, the first thing an artist should do with a musical work is the "poor
mans copyright". Poor mans copyright is when the artist puts their fixed tangible medium in an
envelope with appropriate postage stamps and mails it back to themselves without opening it. This
postmark creates proof of the creator and is the date of creation for the musical work.
Why should an artist copyright an original work?
Copyrighting a musical expression just ensures that an artist is the creator of that work. There are a
couple of reasons why an artist should copyright their original works. The main one is the creator of
a work wants to be able to protect his or her work. Also, financial gain from suing. There would not
be any purpose in creating music without financial gain for some. If you live in the United States
and legally registered your musical works you have
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Gilded Age Research Paper
Argumentative Essay
The ability to have ownership over something, tangible or not, can give a person a sense of value or
superiority when comparing themselves to others. Furthermore, as humans, it is easy to desire things
as one's own and claim it, but the way something is treated differs from person to person. As a
result, the material items and skills a person has ownership over provides a glimpse of his or her's
true nature.
According to Plato, the ownership of objects can hold a detrimental stake to the character of a
person. When applied to a more specific case, such as slavery in America where the concept of
owning people as property was a recurring norm in various societies, a vivid description about the
white southern males who owned ... Show more content on Helpwriting.net ...
Unlike tangible goods, education and skills, for the most part, should come free and there are no
limits or an extent placed on such concepts. Everyday, people are given an opportunity to learn, in
school or from their surroundings, and gain experiences that they will own forever. According to
Albert Einstein, there is no limit to how much one can learn and that intellectual growth will only
cease at death. This determination to strive to improve and extend on one's intellect and skills
develops from the ownership of such intangible characteristics that make up a person. Einstein
makes a point to never give up ownership of one's own ability to freely learn and express curiosites,
and while it seems impossible to have intangible objects taken, history reveals times where it has
occurred. The most prominent occurrence would be that of Rosa Parks who, aware of her civil
rights, stood her ground and refused to subjugate to the racist acts that attempted to strip her of her
identity, humanity, and freedom. Through her inspiring actions, Parks revealed how a woman can
have the power to be courageous and that African Americans will no longer be enslaved to corrupt
ideals attempting to rob them of
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Private Property In John Locke's Social Contract
In his social contract, Locke also specified the purpose of a legitimate government and clarified how
a legitimate government can exercise authority. Aside from providing security and addressing
inconveniences found in the state of nature, Locke argued that the purpose of government is to
protect people's private property. Property is a profound component of Locke's social contract as it is
tangible and gives people more autonomy over their lives. According to
Locke, property becomes private once man adds his labor to public property. As the man improved
the public property in some manner, he can officially lay his claim to it. Owning property allows
people to improve their living conditions and can empower strong economic actors. Locke
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Comparison Between Bkfc And Mali Essay
BKFC v Mali 5. Does the BKFC owe a duty to prevent pure economic loss of $2,500 caused by
negligent words "huge profits" to Mali? It is necessary to consider the following salient features,
alongside reasonable foreseeability, as concluded in Hedley Byrne v Heller. First, whether there was
reasonable reliance. There is a significant level of reliance on Mali's behalf as she quit her job,
relying on the 'huge profits'. Though it is unclear whether this was communicated to the BKFC, the
BKFC should have reasonably known that an individual depositing $2500 for a stall at their festival,
following their words 'huge profits', would have reliance. Further, James McNaughton Paper Group
v Hicks can be applied with regard to the reasonableness of reliance, where the court concluded the
plaintiff should have made their own enquiry into the business rather than relying solely on the
defendant's statement. Additionally, the contract Mali signed further reduces the reasonableness of
her reliance. Secondly, whether the defendant was in a position of authority. The BKFC enticed Mali
by stating she would gain "huge profits", similar to the facts of Norris v Siberas wherein Norris
induced Siberas to purchase a venue stating it will be a "gold mine". However, unlike Norris v
Siberas, wherein there was no relationship of proximity, the relationship between Mali and BKFC
can be distinguished as it is closer to a commercial relationship. Thirdly, as the contract
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Vince Lombardi's Perceptions Of Competitiveness In Human...
What is competition? According to a modern social scientist, "Competition is one of the most basic
functions of nature. Those best able to compete within an environmental niche survive. Those least
well adapted die out" ("Humans are Competitive Beings"). Henry Russell Sanders, UCLA Bruins
football coach, is credited with the phrase, "Winning isn't everything, it's the only thing." In
comparison, Vince Lombardi is quoted as having said, "Winning isn't everything, but the desire to
win is." Although the different meanings of these quotes exemplify the varying interpretations of
competitiveness in human nature, Lombardi's values of winning better displays a healthy view of
competition because it is more fundamentally realistic. Lombardi's idea involving competition also
reflects a society in good health, even though society may be obsessed with always coming out on
top. This emphasis on winning can cause a variety of consequences.
It is depicted in Lombardi's quote that one's desire to achieve greatness, participation, and overall
effort is more significant regardless of the outcome. This promotes a healthier perspective on
competition by supporting the idea that winning isn't guaranteed all the time and encourages a
positive attitude toward failure as a lesson maker. John Wooden, a UCLA basketball coach, believed
losing was just as important as winning. Winning ten NCAA championships in his coaching career,
Wooden advocated constant improvement and pride in performance,
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The Analysis : The ' The Gibbons ' Essay
The 'Trio' are three qualified (bachelor of communications) designers who have come up with a hit
bi–monthly animation, "The Gibbons". It is comprised of two distinctive characters and has raised a
cult following of cartoon fans aged fourteen to twenty–three while being free to view. The two
characters from the animation are very unique and portray a style that has made the animation and
instant classic. Each member of the trio is an animation artist and they evenly distribute the
workload. From a managerial perspective, it is important to protect the Trio's intellectual property.
In this essay I will take on a managerial perspective and analyse copyright, creative commons, and
trademarking/passing off to find out the most suitable protection for the trio's intellectual property.
The Trio's creative output could potentially be copyrighted to protect their intellectual property. For
starters, they and their product meet the four main conditions to satisfy for copyright protection; the
item must be copyrightable, the item must be sufficiently copyrightable, the author must be a
qualified person, and the item must exist to some extent of tangibility (Bainbridge, D. 2006).
Because the animation itself is uploaded on the internet, it is considered tangible and therefore
subject to be copyrighted. The three members of the Trio have graduated from a bachelor's degree in
communications, which covers a range of topics including visual material. This means that they are
qualified to
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Capitol Tax : Capitol Income Essay
Capitol income
Capitol income is the money invested by the owners or outside investors that is used as a foundation
to set up the business or buy supplies and additional equipment. It is usually used to purchase such
things like vehicles, rent or buy premises or equipment that will stay with the business for the
majority of its time (theses are referred to as fixed assets). Capital income available to a business
varies on the type of business it is.
Sole trader– A person who owns a business on their own is called a sole trader, they therefore have
to supply all the capital income from their own sources or reach out to a bank using their own assets,
such as their house to secure a start–up loan, therefore this makes the investment very high risk as
they are solely responsible for all debts the business may come into. The size of the business can
also be affected because of this however if the business becomes successful the owner can keep all
of the profits to himself/herself.
Partnership– Not unlike a sole trader however a partnership is when two people join together to set
up a business. Both partners are expected to contribute equally towards the capitol income, therefore
increasing the potential amount of profit available to the owners. Any start–up loans used as a
foundation for the business are still secured by the partner's own assets which although makes a
partnership not as risky as the sole trader but it's still quite a high risk option.
Shares– The capitol of a
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Federal Law And Public Employee Relations
Pittsburg State University/Kansas National Education Association versus Kansas Board of
Regents/Pittsburg State and Public Employee Relations Board case study
This case study began as a result of a complaint that was filed with the Public Employee Relations
Act (PERB) by the Pittsburg State University/Kansas National Education Association (KNEA). The
Pittsburg State University's faculty members were represented by the Kansas National Education
Association. In the complaint, Kansas National Education Association proclaimed that the Kansas
Board of Regents/Pittsburg State University committed an illegal practice according to the Public
Employer–Employee Relations Act due to a lack of communication prior to adopting a policy
pertaining to the ... Show more content on Helpwriting.net ...
(4) Instructors have three major responsibilities: teaching, scholarship, and creative endeavor and
service. (5)The university provided instructors with office space, equipment, research facilities,
supplies, and secretarial assistant. (6) Instructors conducted research, wrote scholarly articles,
published scholarly articles, created songs or artwork and other forms of intellectual property. (7)
Instructors who published scholarly works performance was better on their evaluations and received
a higher level of compensation. (8) Promotions were based on publication of books articles and
presentation of information at conferences. (Kansas City Courts, 2005)
An Opinion was filed on July 15, 1983 by the Supreme Court of Kansas that further explained the
Public Employer–Employee Relations Act (PEERA) that became effective in 1972. The document
asserts that the PEERA enforces mandatory responsibilities upon the public employer and the
representatives of public employee organizations to meet and confer and enter into discussions in
good faith with an affirmative willingness to resolve grievances, disputes and to promote the
improvement of employer–employee relations (Courtlistener.com). The PEERA, K.S.A. 75–4321 et
seq., stipulates that a public employer is required to meet and deliberate with an acknowledged
public employee organization on the subject of ownership of intellectual property providing that the
ownership of intellectual property is a condition of
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The Legal Status Of The Human Body
In our present bio–medical age, with the advancement of technology, the legal definitions of
'persons' and 'property' have begun to endanger what it means to be classified as a human. From
organ donation, to surrogacy, and the research done on bodily fluids and tissues, the human body is
slowly becoming the property of the state rather than the property of the person. In order to combat
this legal status there needs to an expansion of the property rights of legal persons, which would
have to encompass their body, including all by–products that the body produces. Michael Sandel, a
professor at Harvard, has identified two arguments surrounding the idea of surrogacy that can also
be applied to organ donation or other areas of medicine and ... Show more content on
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In our society the process of selling and buying children, body parts and their by–products will
always seem morally corrupt even if the law changes to support that market.
These two arguments help to show the problem with the purchase and sale of children in relation to
surrogacy. Sandel argues that a pregnant mother cannot voluntarily enter into a contract to give her
unborn child away once birthed because she is unlikely to be fully informed of all the consequences
and details. Sandel goes on to say that treating a child as a commodity degrades them because they
are now used as a form of profit. Based on Sandel's two arguments, when an issue arises over the
products or processes of a human body there can be no way in which the transaction could take
place in an entirely voluntary matter. One party will always be at a disadvantage in one way or
another and societal norms will not allow for transactions, where there appears to be no
disadvantage present, to take place.
Sandel's arguments can be seen during the appeal trial of the famous Baby M case, but in the initial
trial, adjudicated by Justice Sorkow, the reasoning behind the judgement takes the opposite
approach of Sandel's arguments. Justice Sorkow based his decision in the trial partially on the fact
that the surrogate consciously chose to have a child for another couple. Justice Sorkow reasons that
the
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The Real Estate Industry Is An Industry
The real estate industry is an industry where consumers can purchase, rent, or lease real estate,
manage residential, commercial, and industrial properties, and provide other real estate related
services, including appraisals (CITATAION).
The demand for real estate is driven by economic growth, personal finance, and rates of
employment, interest rates, and access to funds. (CITATION) The return on investment of an
individual relies on the value and demand of the property, which are both influenced by the
economy. Real estate investors also depend on the amount of investment capital available. Seasoned
investors have a competitive advantage based on their financial resources. Beginning investors can
compete closely by focusing on local smaller markets within the industry
Within real estate investing there are various independent variables and services that collectively
contribute to the success and major functioning of one another. The realm of these dependencies
within the industry include property and investment management, brokerage services, leasing,
valuations, relocation services (CITATION). The entities in need of the above services include,
property owners, investors, home buyers, and renters. Real estate investors generally focus in
residential or commercial properties.
As we dig further into the Real Estate industry we will now focus on the industry itself, the factors
that influence the emerging market along with the benefits and risk associated with each
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Jean Paul Sarte's Essay 'Thank You For Arguing'
To own something is defined as "belonging to oneself." I own my favorite sweater. I own my cats. I
own plenty of books. All of these are mine and are mine to do with. But can a person own a concept,
something intangible? Is it possible own the ideas inside of my book, or even something like my
name? Yes. Jean Paul–Sarte is correct in saying that the sense of ownership goes beyond objects to
include the intangible. Owning something doesn't mean that we have it physically– it means that we
know it and have made it a part of ourselves, which can help us discover our sense of self. "Thank
You For Arguing" is sitting on my desk right now. I paid for it and received it in the mail. I can
touch it and know that it is there and that it is my property.
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Hunter V Moss Criticisms Essay
Certainty of subject matter and the critcisms of hunter v moss
When creating an express trust knight and knight articulated that there must be certainty of subject
matter, certainty of intention and certainty of objects.
Certainty of subject matter is where there must be an identification of the trust property and
certainty as to whom is which part of the trust property to be held. In relation to uncertainty of
beneficial interests, the trust will fail where the method of distribution is stipulated by the sethlow
but cannot take effect (Boyce v Boyce). However the trust will not fail where the method of
distribution is not stipulated by the sethlow leaving the court to intervene (re napton). If there is an
effect of lack of certainty in ... Show more content on Helpwriting.net ...
However in Re Golay the court looked at the tester's intention'. To deduce what 'reasonable income'
meant
Oliver J articulated the orthodox approach or rule in re London wine where property must be
segregated form a lager mass of similar property for there to be a valid trust he said "To create a
trust it must be possible to ascertain with certainty not only what the interest of the beneficiary is to
be but to what property it is to attach." "The 'mere declaration that a given number of animals out of
the flock would be held on trust would not create a trust'.
This approach was followed in re Goldcorp which affirmed that property must be separately
identifiable before it can be held on a valid trust.
The contention arose with Hunter v Moss which did not follow the orthodox approach where Hunter
was entitled 50 out of moss's 1000 shares. Under the Goldcorp rule there would be no trust because
the property was not separated however Dillon J said there was a valid trust. The rationale for this
controversial decision was that it would have made no difference which 50 shares would have been
given because they were all identical. So here there was no need to segregate the property if it was
intangible.
The problem with this case is that Dillon is giving the trustee of the will who only has legal title
subject to the terms of the trust an executor status, i.e. putting him in the shoes of the sethlow. This
is a problem because the executor acquires legal
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Copyright Law Essay
Overview‐Policies
 Copyright protection provides the owner of an original work of authorship the right to prevent
others from using the work without the owner's permission.
 Copyright law protects against the copying of an "expression of an idea" but does not protect the
idea itself.
 this protection is limited compared to patent law because copyright law allows for independent
creation of a copyrighted work as a defense to copyright infringement.
 The theory is that 2 people can create exact or similar works without copying one another;
therefore, each has copyright protection in their respective work.
 The policy is similar to patents. We want to encourage creativity, but also provide the public with
the freest possible access to ... Show more content on Helpwriting.net ...
copyright law applied to works created today. [Our focus.]
 Earlier created works are governed by either the "Copyright Act of 1976, originally enacted" or
the "Copyright Act of 1909
Subject Matter of Copyrights
 Copyright Act provides a long list of works that may be copyrighted, but the list is not exclusive.
 the law is left fluid, allowing courts to extend copyright protection to new forms and ways of
expressing ideas, as they may be developed in the future.  Today, the Copyright Act provides that
Copyright protection extends to "original works of authorship fixed in any tangible medium of
expression, now known or later developed, from which they can be perceived, reproduced, or
otherwise communicated, either directly or with the aid of a machine or device."
The 2 key requirements are:
 1) Original‐ meaning that the author created the work and did not copy it from someone else.
 there must be some level of creativity involved
 in the Feist case, the court held that arranging the listings of a telephone book alphabetically was
not creative enough
 names, addresses and phone numbers are public facts or data and are not original and therefore
not copyrightable;  but the arrangement and selection of facts or data may be copyrightable if done
in an original way;
 alphabetizing is simply not original.
2) Fixation‐ in order to receive copyright
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Unclaimed Property Research Paper
I will be going over what I learned from the Unclaimed Property 101 – The Basics pdf and audio file
by Terry Reid from Unclaimed Property Professionals Organization. According to Reid, unclaimed
property is defined as "intangible personal property that has gone unclaimed by the rightful owner
(i.e. remained outstanding) for a specified period of time". Most of the items that are considered
unclaimed property is intangible. One common example of intangible unclaimed property is
uncashed checks.
For personal property to be considered an unclaimed property, it has to have these three
requirements: it is issued or held in the ordinary course of the holder's business; it was a debt or
obligation of the holder to an owner or creditor; and it remains ... Show more content on
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This also requires the holder to perform due diligence about the owner and to notify them of their
unclaimed property. Again, each state has different laws about this but you must make attempts to
give back the unclaimed property. As the holder, you should allow the owner time to respond to your
communications, send letters, and send contact information. Once you made all the attempts to
contact them as you could, according to your states laws, you may report the fund as unclaimed
property at the expiration of the dormancy period. This is the amount of time that must go by for a
property to be considered unclaimed. These periods are at least a year for properties such as
unclaimed wages but can be up to 15 years for unclaimed travelers
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Examples Of Omnipresent Right To Property
The Omnipresent Right to Property
Human rights are norms that serve to protect all people everywhere from severe legal, political and
social abuses. Nevertheless, the whole concept of "human rights" is seriously misleading. It lays
claim to the idea that these rights are common to all of mankind in all times and places. Disregarded
within the concept of universality is that human rights exist independently of whether found in the
practices, morality or law of their country or culture. Societies deprived of a central authority to
accurately enforce these universal human rights leads to individuals adopting their own idiosyncratic
interpretations. Of all human rights, the most critical is the right to own property because owning
property gives ... Show more content on Helpwriting.net ...
A radically different approach is long overdue because these laws failed to accomplish the
objectives of improving the wellbeing of people. The central problem with human right laws is that
at their foundation they are hopelessly ambiguous. In addition, the rights were described in vague,
aspirational terms, allowing for a loose interpretation. The incorrect enforcement of rights is ruining
overall protection guaranteed by our rights. It is damaging our current system of democratic
government, for instance by creating an excessive focus on rights, as opposed to responsibilities,
social justice or the public interest. To discredit this counter argument is the overwhelming strides
society has made towards equality with the establishment of the universal human right to own and
never be arbitrarily deprived of their
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Literature Review : And Bell And Waters
2. Literature review
2.1 Introduction
Both Machi and McEvoy (2012) and Bell and Waters (2014) stated that there are several reasons
why the author needs to complete a literature review. The most consequential motives are to
compare previous findings, to justify the thesis of this paper, to identify similar work done within
the subject area and to critique existing conclusions and suggest further studies. Furthermore the
author must gain knowledge and understanding of the most important issues to establish the
researcher's theoretical framework and methodological focus. This literature review will illustration
how the investigation the author is conducting fits with what has gone previously and puts it into
perspective.
The growth of the private rented sector in London now means that letting agents, renters and
landlords all play a critical role in the service package. It is becoming an increasingly important area
for identification of the service quality attributes that are most valued and significant and the
purpose of this paper is to assess the impact of the relative elements of the service package on
private residential property renters, letting agents and landlords in London.
The private residential rental market in the UK has more than doubled in size in the last twenty
years and now accounts for 4.7 million UK households and two thirds of all private tenancies
involve an agent according to Gov.Uk (2014). This research will attempt to examine
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The Philosophy Of Liberalism And Marxism Essay
The Philosophy of Liberalism and Marxism John Locke and Karl Marx are two of the most
influential philosophers when it comes to politics and how we should govern. Locke, regarded as the
Father of Liberalism and Marx, the Father of Marxism, had many conflicting ideas and philosophies
but their works are deep seeded into modern politics we know today and are still widely disputed
John Locke's An essay of Human Understanding in 1689. One of its main concepts is that
knowledge is gained by experience. This is known as empiricism. Empiricism is "The view that
sense experience is the only basis for true knowledge" Locke believed that the mind is a blank slate,
or "tabula rasa", at birth and we gain all our knowledge from experience, observation and
experimentation. This form of thought went against the previous belief that knowledge can be
gained just by reason and thinking. This was known as rationalism. Locke believed we were all born
the same and that no one man was born with more knowledge than the next. "We hold these truths to
be self–evident that all men are created equal" (The Declaration of Independence) John Locke may
not have written The Declaration of Independence but his philosophical views seem to have had an
influence. Many of Locke's philosophical views were somewhat radical, but they would later
become regarded as highly influential. A work such as A Letter Concerning Toleration was
published in 1689. This was during a time were religious prosecution was
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Feasibility Study
Phase 1: Research
Good research is the key to success in property development. We start out by arming ourselves with
all the information needed to determine which locations have the potential to make money or not.
In this phase we evaluate potential suburbs, neighbourhoods and sites, do a preliminary market
study, put together a preliminary budget, carry out a preliminary financial analysis, prepare a timing
analysis and review the political climate and the council approval process.
Here are the steps we will evaluate in detail during the course:
a) Become expert in at least one area –probably starting with the suburb where you live.
b) Decide what kind of development suits your goals and capability.
c) Gather information from the ... Show more content on Helpwriting.net ...
During this phase we finalise the acquisition of the site, get any required government approvals and
begin talks with builders and other professionals we will need for the construction of the project.
We will evaluate these pre–construction steps later in the course:
a) Organise our finance
b) Secure the property by purchase or option
a) Engage an architect to produce your plans and DA.
b) Evaluate prospective builders and project managers
c) Submit a Development Application or other required documentation to Council
d) Revise and update our Feasibility study. (We will keep doing this throughout the project)
e) Organise Certification and Construction Certificate
f) Begin pre–sales if applicable
Phase 4: Construction
This is one of the most exciting moments in the process. During this phase your development
project will finally become tangible.
While you may not be doing any of the actual construction work yourself, you will gain great
satisfaction seeing your hard work come to fruition.
In this part of the course we will examine these steps in detail:
a) Finalise (and monitor) our schedule to make sure everything is proceeding on time
b) xxxxx (Consult Dom / Martin on these steps)
c) xxxxxx
d) Engage in troubleshooting. Projects rarely go exactly according to plan, so you will need to be
versatile and innovative in finding solutions to unexpected problems.
e) Start work on your marketing and sales plan (see next phase)
f) Learn valuable lessons to apply to
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John Locke Tangible Property Analysis
1.Who decides whom has the right to own the property? John Locke (1632–1704) was an English
philosopher who is one of the first philosophers of the Enlightenment and the father of classical
liberalism. What is property? Property is basically a claim to ownership of something. Locke felt
that people were born with certain rights and freedoms that could not be taken away without that
person saying so, or giving consent. How do we get the property? Locke describes labor theory of
property that builds from prevalent property substructure. He believed that God gave the world and
all that was in it to man for his common use. I will discuss briefly John Locke's view in tangible
property, intellectual property, and the owner of a property. Locke's view on tangible property.
Tangible property is anything which can be touched. It includes both real property and personal
property, and stands in distinction to intangible property. However, some property, despite being
physical in nature, is classified in many legal systems as intangible property rather than tangible
property because the rights associated with the physical item are of far greater significance than the
physical properties. For example, a promissory note is a piece of paper that can be touched, but the
real significance is not the paper itself, but the legal rights which the paper confers. The promissory
note is defined by the legal debt rather than the physical attributes. How is intellectual property
different from
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Why Should I Invest For The Real Estate?
Why Should I Invest in Canadian Real Estate?
By Irene Pylypenko | Submitted On March 01, 2012
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Expert Author Irene Pylypenko
Why Real Estate?
Leverage
There 's more leverage allowed with real estate than any other type of investment – banks will lend
investors 75% or more of the total value of their purchase, and often at relatively low interest rates.
This high–leverage capacity results in a higher–than–average return for investors.
Appreciation
People will always need a place to live. When a property is purchased in a market with a growing
population, each year the property will increase in value because more people will be moving to that
market and will be driving the demand for housing up. In the same situation, a rental property 's debt
owed will decrease over time, as tenants gradually pay down the principal on your mortgage.
Cash flow
Few assets match the cash flow capabilities of real estate, a smart investment will yield a steady
stream of income from the outset, and this income will continue to increase over time as the
mortgage is paid down and rents rise.
Predictability
Historically, real estate has been more predictable than
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Song Copyright Research Paper
The Song Copyright
Music is part of parcel in the everyday lives of people. Many believe that when words are not
enough to convey what one feels, music can. Music has varying genres but all have the same goal–
that is to encapsulate emotions through the lyrics of the song. When one is happy, the one listening
to it will be happy. If the song is sad, it can bring nostalgia to its listener. Further, music has been
regarded as an art, because singers and song writers have their diverse ways on how to write it. As
an art, it includes skill and talent to make it more appealing to the market. However, writing a song
and signing it does not end there. Since these songs are considered to be a property of those who
were able to write and sing such, it must be protected. That is why there are copyright laws which
seek to protect songs of various artists all over the world. This paper will discuss how copyright
gives the protection the artists need and why it is still necessary.
Purpose of Copyright
Primarily, copyrights exist because it seeks to protect the creation of writers as this will entitle them
to ownership. This is what is stipulated in the U.S. Copyright Act, copyright seeks to protect original
works of authorship fixed in any tangible medium of expression (The Anti–Abuse Project). The
works can be songs, or films and television programs, or any other original creation of music which
includes lyrics. According to the West's Encyclopedia of American Law, as this was stipulated in US
Copyright Act, copyright gives authors a number of exclusive rights: (i) they have ... Show more
content on Helpwriting.net ...
"Copyright Protection: What It Is, How it Works." Stanford University Libraries. The Board of
Trustees of the Leland Stanford Junior University, 2015. Web. 26 Jan. 2016.
"What Does Copyright Law Project?" The Anti–Abuse Project. The Anti–Abuse Project, 2012. Web.
26 Jan. 2016.
"Copyright." West's Encyclopedia of American Law. The Gale Group, Inc., 2005. Web. 26 Jan.
... Get more on HelpWriting.net ...
Theories Of John Locke
When examining John Locke, the legal philosopher's theory, he believes "that men have produced a
society with unequal distribution of wealth simply by putting a value on gold and silver, by using
money as a means of exchange" (Powell, 1996). Locke does not openly say that this is right or even
fair, but merely that this arrangement is the ordinary result of men setting a significance on gold and
silver and incidentally approving in the use of money. Locke goes on to say in his own words that,
"This partage of things in an inequality of private possessions, men have made practicable out of the
bounds of society, and without compact, only by putting a value on gold and silver" (Uzgalis, 2001).
John Locke's theory seems to still to this day persuading the industrial cultures around the world by
pursuing reasons in the name of freedom not only to trade but also ... Show more content on
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Thomas Hobbes debated that this was the most convincing in his breakthrough of work. This belief
reduced from the central view of Hobbes' viewpoint that human beings are the most selfish
individuals and ungrateful, along with John Locke's theory. According to Thomas Hobbes, he said
that if someone stood placed in a state of nature without any type of government, humans would be
in a state of endless fighting with one another. Which is something that would undoubtedly have to
agree with. In this specific natural state, Hobbes stated, that "the life of a man was 'solitary, poor,
nasty, brutish, and short" (Thomas Hobbes & John Locke). Thomas Hobbes's outlook on human
nature was mostly formed by the English Civil War. Hobbes measured the subsequent disordered
interruption period, from 1649 to 1660, which was to be as close to that uncomplicated state of
nature as humans could possibly get. This would be allowing for the vastly dysfunctional nature of
English government during that
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Aaron Mercer Rules Of Procedure
Defendant, Aaron Mercer ("Mercer"), by and through undersigned counsel, hereby answers the
Interrogatories propounded by Plaintiff, Danielle Price and states as follows: a. The information
supplied in these Answers is not based solely on the knowledge of the executing party, but includes
knowledge of the party, its agents, representatives and attorneys, unless privileged.
b. The word usage and sentence structure may be that of the attorney assisting in the preparation of
these Answers, and thus does not necessarily purport to be the precise language of the executing
party.
c. The information contained in these Answers is being provided in accordance with the provisions
and intent of the Maryland Rules of Procedure, which require ... Show more content on
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INTERROGAORY NO. 2: Identify each person whom you expect to call as an expert witness at
trial, state the subject matter on which the expert is expected to testify, state the substance of the
findings and opinions to which the expert is expected to testify and a summary of the grounds for
each opinion, and, with respect to an expert whose findings and opinions were acquired in
anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the
expert 's compensation, and attach to your answers any available list of publications written by the
expert and any written report made by the expert concerning the expert 's findings and opinions.
(Standard General Interrogatory No. 2.)
ANSWER TO INTERROGATORY NO. 2: Defendant will designate experts in accordance with the
Court's scheduling order.
INTERROGAORY NO. 3: If you intend to rely upon any documents, electronically stored
information, or tangible things to support a position that you have taken or intend to take in the
action, including any claim for damages, provide a brief description, by category and location, of all
such documents, electronically stored information, and tangible things, and identify all persons
having possession, custody, or control of them. (Standard General Interrogatory No. 3.)
ANSWER TO INTERROGATORY NO. 3: See Defendant's document production. Defendant
reserves the right to supplement this response.
INTERROGAORY NO. 4: Set forth in detail
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The Housing Crisis Of Boomerang Buyers
Following the 2006–2008 housing market crash, 4.8 million of homeowners lost their most valuable
assessment to foreclosure, and another 2.8 milliongave up their homes in short sales. These former
homeowners that are reentering the housing market after losing their homes during the housing
market financial crisis are now part of a wave of "boomerang buyers." According to Real Estate
experts, boomerang buyers who are returning to the market were at least 10 percent of all United
States home purchases during 2014. More important, this trend is expected to increase in 2015 and
2016 as more boomerang buyers become eligible for new options to get their dream homes again.
The unquestionable fact is that a great majority of boomerang buyers are hardworking, honest
people that got caught in the middle of one of the biggest housing crisis that occurred in the last 100
years. Fortunately, those housing crisis' victims are beginning to see the light at the end of the tunnel
since several options are becoming available to them in order to get back into home ownership.
Among these options, I like to explore some available avenues for those boomerang borrowers to
include the rent to own option, Veterans Affairs backed loans, and owners financing option. First of
all, the rent to own option is a superb option that allows the renters to apply the monthly rent to the
purchase of the house. Renting to own, otherwise known as a lease–option, allow those people that
are not in the
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Locke's View on Origins of Property Rights

  • 1. Legal Analysis of Indirect Expropriation Claim Under... WRITING SAMPLE Kiho Kim 101 Cherry Ave. Bethpage, NY 11714 (070) 8624–1462 The attached writing sample is an excerpt from a research paper submitted for the international business transaction course of Hofstra School of Law. This research paper addresses potential controversies arising from the investment provisions of KOR–US FTA, particularly focusing on indirect expropriation claims under KOR–US FTA. The beginning chapter provides a brief history of expropriation provisions in bilateral investment treaty. The second chapter discusses indirect expropriation provisions of the NAFTA Chapter 11 and the relevant case law. The final chapter analyzes detailed criteria to review indirect expropriation claims in the context of ... Show more content on Helpwriting.net ... In the next chapter, the Article will evaluate the influence of the NAFTA Chapter 11 on the expropriation provisions of KOR–US FTA, and attempt to discover discrepancies between the NAFTA Chapter 11 jurisprudence and the U.S. Taking Clause jurisprudence. Particularly, this chapter's analysis will offer a helpful insight on understanding of the textual improvement made in KOR–US FTA because the investment provisions of KOR–US FTA are basically modeled on the NAFTA Chapter 11. Finally, the Article will explore the concrete standard for determining an indirect expropriation articulated in KOR–US FTA, and analyze each considerable factor under customary international law. II HISTORY OF INVESTMENT TREATIES AND EXPROPRIATION Industrialized countries have long made efforts to achieve a global consensus about the principle that foreign investments cannot be nationalized without appropriate compensation. Particularly, the United State has strongly endorsed the "Hull Formula," which requires a state to provide "prompt, adequate, and effective" compensation for the expropriation of foreign investments. 1However, continuous attempts to incorporate the Hull Formula into multilateral 1 See Andreas F. Lowenfeld, International Economic Law, 397–402 (2002). 3 treaty were frustrated because the ... Get more on HelpWriting.net ...
  • 2.
  • 3. Guyon The Knight Of Temperance's Horse Artegall is first compared to Bacchus (I.2.1) and Hercules (2.2.6) with his "club of justice dread" (I.2.9) to give him the authority of precedent mythical figures to subdue lawless men and even monstrous tyrants(1.2) in the narrative voice's violent construction of common law, and by his training under the goddess Astrea he is given the instruction on how to apply equity but perhaps not the conscience for it. Certain moments demonstrate he incorporates an understanding of equity, but more along the lines of using it as an authority. To be clear, equity is divided into the trial's composition, whether it's particular circumstances fall outside the confines of the documented common law and as a result is needed to be judged accordingly ... Show more content on Helpwriting.net ... Now, moving backward from these trials back to the first trial in Canto I, the trial of Sir Sangliere and the unnamed squire (V.1.25–30), Carol Stillman in Nobility and Justice in Book Five of The Faerie Queene, asserts "there is no body of laws or precedents to cite for or against Sanglier", and as consequence, Artegall must find other means to accomplish his task which leads him to employ "an adaptation of Solomon's strategy" (541).Despite what Stillman states, there is an antique legal doctrine that changes the crime of this case and places it under a precedent boundary and thereby, common law. At first, it may seem odd Artegall refrains from his usual immediate tendency to violence or sentencing corporal punishment, but as Stillman states, the trial's process is governed by its adaptation to Solomon's first judgement, which contrastive to her is perhaps in itself precedent enough; however there is yet another specific legal doctrine of common law that dictates the sentence. In this dispute, the allegory provides the precedent verdict and procedure, but it is the interpretation of marriage in common ... Get more on HelpWriting.net ...
  • 4.
  • 5. Analysis Of Privacy In John Locke's Two Treatises Of... In his book, Two Treatises of Government, John Locke articulated his belief that "the condition of human life ... introduces private possessions." He furthered this idea, explaining that "every man has a property in his own person. This nobody has a right to, but himself."1 This philosophy was embodied through the unalienable right to liberty outlined in the Declaration of Independence. It was echoed by the founders in their frustration with King George III's disregard to liberty.2 The underpinnings of privacy were also seen in other colonial documents. Alexander Hamilton wrote in Federalist 78, "Liberty can have nothing to fear from the judiciary alone, but would have everything to fear from its union with either of the other departments."3 In this he warns that although the Supreme Court upholds the right to privacy, in can be undermined by the other branches of government. In their 1890 article entitled the "Right to Privacy," Lewis Brandeis and Samuel Warren embodied this same philosophy. They stated that "the individual shall have full protection in person and in property." This is considered the origin of what they consider the "right to be left alone."4 This definition pertained only to the protection of informational privacy; it therefore ... Show more content on Helpwriting.net ... He wrote, "To protect that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment."10 This approach was used several decades later in the case of Katz v. United States (1967), which reversed the ruling in Olmstead v. United States.11 In this case, the Supreme Court held that the government needed a warrant under the Fourth Amendment to listen to a person's conversation from a telephone booth. The court stressed that the individual had a reasonable expectation of privacy. ... Get more on HelpWriting.net ...
  • 6.
  • 7. Jean Paul Sartre The author emphasizes "Jean–Paul Sartre proposes that ownership extends beyond objects to include intangible things as well." (Jean–Paul Sartre). This quote states the fact of property, not being only applied to an object but also to experiences, feelings, and talents which are things many people overlook. Many people believe ownership is something only applied to the amount cars or money that one has in their bank account, but this only shows the immense emptiness that they have in their lives. And the only way for them to be happy is by filling it up with the only object that only makes it deeper.Today's society believes that ownership is not based on the amount of tangible goods one has but the experiences they have lived. Ownership can not only be based on materialistic things but also experiences of a lifetime. When people speak of ownership the first thing to mind is an object such as a car, house, phone, clothes, or toy; but ownership is not only objects but also an experience of a lifetime. for example having a fear of ... Show more content on Helpwriting.net ... Through time many wealthy and influential individuals have had the idea that by having an immense amount of money is the way of being happy but this is not true. The author emphasizes "When people lack jobs, opportunity, and ownership of property they have little or no stake in their communities" (Jack Kemp). This quote tries to explain the fact the those who are materialistic suffer when all their riches and power are taken away do not stand a chance in a normal community. Mainly because they have only learned to love objects and never really love anything else because of the lack of people in their lives. Which leaves the question how can we avoid becoming so selfish and cold hearted when in today's society that is all there is? By treasuring what we have now as if it were to be taken away from us ... Get more on HelpWriting.net ...
  • 8.
  • 9. Private Ownership And The Natural Right Of Property... Compare and contrast the account of the origins of private ownership Grotius gives in The Freedom of the Sea (1609) with the one he gives in The Laws of War and Peace (1625). To what extent does Grotius argue for the natural right of property ownership?" 8150842 ECON32002 Property and Justice: From Grotius to Rawls John Salter 30 March, 2015 Introduction This paper aims to discuss private ownership and account for the origins of private ownership as well as comparing and contrasting these accounts through the ideas of Grotius in his two publications; The Freedom of the Sea (1609) and The Laws of War and Peace (1625). In addition, the paper aims to discuss the extent to which Grotius argues for The Natural Right of Property Ownership. Through studying these works of Grotius in the manner outlined above, it will become clear that the overall idea is that the common ideology that private ownership means that owners can do whatever they wish with what they own is incorrect. Both private and common ownership are established on the right to alienate a thing regardless of the number of people that have possession of the thing. In the case of common ownership social and legal norms can make the ownership of a thing subject to group ownership. In the case of private ownership these social and legal norms are not applied although things are owned. Regional social circumstances determine which type of ownership provides the highest benefit to the owners where as ... Get more on HelpWriting.net ...
  • 10.
  • 11. John Locke Explains Economic Inequality In his Second Treatise of Government, John Locke creates an argument that details how individuals attain private property and how some can end up with more property than others. He attempts to justify the resulting economic inequality, but is unsuccessful, failing to address many of the problematic issues that arise from his claim. Locke begins his explanation of private property by establishing how individuals come to possess property separate from the common resources of mankind. The defining feature of a piece of private property is labor, as the individual who performs the "labour that removes [the good] out of that common state nature left it in" makes the property his own (V. 30). According to Locke, the common resources of nature are open to all mankind, but a good becomes an individual's own when a person performs some sort of labor on it. This stems from his idea that industry is an extension of self–ownership – people have natural rights of their own being, and extending these personal rights through work is how people come to own other things. Labor is what establishes ownership of a good, and as long as the amount of property taken is within a reasonable and modest amount, people are free to take what resources they must from the Earth. Although Locke argues in favor of the possession of private property, he emphasizes the point that it is "dishonest" for a man "to hoard up more than he could make use of" (V. 46). When people take property in excess, perishable ... Get more on HelpWriting.net ...
  • 12.
  • 13. Walt Disney 's Intellectual Property Rights Sophie's business name needed to be unique enough where it doesn't actually infringe on any of Walt Disney's intellectual property rights. Even though he name is not exactly "Walt Disney" and the title of her business is "DisneyHartford", the fact that she still included "Disney" in her title is a problem. When you think of the word "Disney", you automatically think of children's entertainment; as a result, this goes to show that consumers typically link the word "Disney" to a specific origin. Since the purpose of her business was to make an entertainment center for children, she is violating their rights because both companies are too similar. Consumers will assume that her entertainment center is affiliated with the Disney Brand when it ... Show more content on Helpwriting.net ... If there is a breach in the contract where the Powerball did not give him his percentage, then this should stay between the Mobile Station and Powerball. Sophie should not be involved in this situation because she was not a part of the contract initially. Property refers to tangible and intangible items. Ownership is a concept that means the right to exclude others (pg. 233). Goodwin secretly owning properly without disclosing this information with other people or students to the least is a little sketchy. However, I guess if they legally do own this real property than Sophie has to give it back to them. The legal system protects the right to own, acquire, protect and divest of real and personal property (pg. 235). If they have never sold this properly it still belongs to Goodwin. It was her fault that she purchased this property without researching it. Sophia is also at fault for purchasing real property without getting a title that the properly belonged to her. Ownership rights are transferred by titles (pg. 245) Even though the property seemed abandoned; no one technically relinquished new ownership towards it so it still belonged to Goodwin. Sophia got herself involved with a scammer. Sophia should contact Attorney Sleaze and sue him for selling her property that was already owned by somebody else. If she gives back the property to Goodwin, she can also sue him for her money back. She paid $2 million dollars for legal fees so it was his job and responsibility to ... Get more on HelpWriting.net ...
  • 14.
  • 15. Stock Market Disadvantages The stock market is a very commonplace for people to invest their money to, the question is should it be in the stock market or the real estate business. Stocks The stock market is a very good way to invest your money. The stock market is easier to diversify with your money, which gives you a better chance of choosing a company that will do well. In long– term use, your stock portfolio can be used as tax–free retirement funds and can help to build your Net worth. Some companies grow from 20%–50% in a year which could make your investment well worth the money you spent on it. With some companies offering dividends to their stockholders, you can take the money and directly reinvest it into buying more stocks, which will increase your overall Net worth also. On top of the relatively low price of stocks, the fees you pay when you buy and sell the stocks are also at a relatively low percentage, usually about 1%. You also never have to go into work or manage them at all because the businesses all already have the necessary employees. Where stocks are a good thing to invest in there are also some negatives to investing in the market. A big downside is that the value of the stocks is based solely on the company, and you can't really do much to improve the stock value. Another problem is how the stock value changes so dramatically at times. A stock can go from doing very well to doing the worst it's ever been overnight, but it can also go the opposite way. The biggest problem with that is it is emotionally taxing to the people who worry about it and think about it constantly. Often investors lose money on stocks due to the physiological problems that come up with owning a stock, and with that you not only have to be mentally solid, but you have to be mentally strong. It takes a lot of discipline to make money on stocks. You have to have trust in the company, in their managers, their employees, and the auditors. Taking out a loan to buy stocks is also a very risky thing to do because if the value of the stocks drop and you don't have enough money to make a payment on the loan you could be forced to buy back a stock at a loss. The taxes on dividends is also high, about 15%–20%. Real Estate Real estate is a good way to ... Get more on HelpWriting.net ...
  • 16.
  • 17. The Rise And Development Of Liberalism The concept of ownership is one that seems elementary; however, when thought about, it is something very puzzling and convoluted.You do not really own anything unless you created it. You can buy a book with your own money that you earned, and you will have that book, but you will not truly own it. You did not write the words inside it or drew the art on the cover, it is not yours. You do not even own the paper upon which the book is printed. You just have possession of another person's creation. People are most often guided into thinking that if you have something, you own it. The rise and development of liberalism in Enlightenment political thought has many relations with the growth of what is today called "civil society", the society characterized by work and trade in pursuit of private property. Several Enlightenment thinkers, such as John Locke had thoughts about ownership and what it means to be an owner of private property.In Locke's Second Treatise he writes: "It is very clear, that God, as king David says, Psal. cvx. 16, 'has given the earth to the children of men;' given it to mankind in common. But this being supposed, it seems to some a very great difficulty how any one individual should ever come to have a property in any thing ... I shall endeavour to show how men might come to have a property in several parts of that which God gave to mankind in common, and that without any express compact of all the commoners" He makes the point of that while we all share ... Get more on HelpWriting.net ...
  • 18.
  • 19. The Law Of Copyright And Its Historical Development The Law of Copyright and its historical development – Tracing back the historical development of copyright protection of the authors work, the idea of copyright protection only began to emerge with the invention of printing, which made it possible for the literary works to be duplicated by mechanical processes. Prior to that, hand copying was the sole mean of reproduction. Following Gutenberg 's invention of printing press in 1436 in Germany, the necessity of protecting printers and booksellers was recognized there. Consequently, German Principalities granted certain privileges to printers and publishers and also authors. The art of printing spread quickly in Europe, King Richard Ill in 1483 allowed foreigners to import manuscripts and ... Show more content on Helpwriting.net ... In 1556, a Royal Charter was granted to the Stationers ' Company which provided the right to administer a system of private registration of all published works. Thus all books, which were to be printed or reprinted, had to be entered in the register of the Company before being published. The company had powers to deal with infringement by seizure and destruction of illegal copies . In 1662, the Licensing Act was passed in 'England which prohibited the printing of any book which was not licensed and registered with the Stationers ' Company . This was the first clear law which was aimed at protecting literary copyright and checking piracy. It provided for the seizure and confiscation of the unauthorized copies and also for imposing the penalty of fine on their printers, The Act was short lived and repealed in 1679. With the onward march of civilization, copyright assumed more significance. It was realized that the role played by the authors and publishers in the development of society by the creation and dissemination of their works was required to be supported, encouraged and adequately rewarded. As a result, the Act of Queen Anne was passed in 1709, in the United Kingdom. This was the world 's first copyright law which laid down three basic rules. Firstly, the authors of books not yet printed were to have the sole right of printing for 14 years from the date of publication. However, after ... Get more on HelpWriting.net ...
  • 20.
  • 21. Tax Simulation Research Paper Subject: Tax Issues of Lee's Decision on Purchasing a Vacation Condo Facts: Mr. and Mrs. Lee are considering investing in a $500,000 condominium in Miami Beach, Florida, as their vacation home. Their marginal tax bracket is 33% and they also pay Maryland state and country income taxes at a rate of 7%. They are required to put down a 20% deposit and will get a mortgage for the balance for ten years' interest at 5% annually. They can rent the condominium back to the Developer for two years for $4,000 a month and still use the unit for up to 30 days a year. Besides, indirect expenses are estimated including property taxes at $10,000 a year, a maintenance fee at $6,000 a year, insurance at $200 a month and utilities at $300 a month. The ... Show more content on Helpwriting.net ... In §1.183–1(d), the renting and holding of the condo will be considered a single activity only if the income derived from renting exceeds the deductions which are not directly attributable to the holding of the condo. In fact, assuming the rental period will be 11 months of two years, the annual rental income will not exceed the annual deduction. In regard of the Lees' intention to spend more time in Miami after their retirement, it is not an activity engaged in for profit. Issue C: What are the prospective deductions and tax savings assuming ownership and operation of the condo if the ownership and operation of the condo is not an activity entered into for profit? Authorities: §1.183–1(d), § 280A(e), § 163(d), §1.164, § 168(b) Conclusion: With standard deduction, the taxable income of first two years will respectively be $8,140 and $7,417. Consequently, the tax savings will be $5,454 and $4,969. If it is with itemized deduction, the taxable income will be $9,073 and $8,295 and the corresponding tax savings will be $6,079 and $5,558. Analysis: The prospective deductions include interest expense, real property tax, utilities, insurance, maintenance and depreciation, which may generate tax savings limited to the income from ... Get more on HelpWriting.net ...
  • 22.
  • 23. Copyright And Its Developments, Emphasis On Moral Rights Copyright and its Developments, emphasis on moral rights The Law of Copyright and its historical development – Tracing back the historical development of copyright protection of the authors work, the idea of copyright protection only began to emerge with the invention of printing, which made it possible for the literary works to be duplicated by mechanical processes. Prior to that, hand copying was the sole mean of reproduction. Following Gutenberg 's invention of printing press in 1436 in Germany, the necessity of protecting printers and booksellers was recognized there. Consequently, German Principalities granted certain privileges to printers and publishers and also authors. The art of printing spread quickly in Europe, King Richard Ill in 1483 allowed foreigners to import manuscripts and books into England and print them there. As a result of this, much of the book trade came in the hands of foreigners. However, this freedom enabled England to emerge as a major center of printing trade in Europe. The spread of technological innovation led to creation of a class of intermediaries who made the initial investment in bringing out a book i.e. printers who at the same time also functioned as booksellers. They were called 'Stationers ' in England . In 1523 and 1528, restrictions were introduced by Henry V Ill, prohibiting the importation of books altogether in 1533 on the ground that there were enough printers and book–binders in England. In 1529, a system of privileges was ... Get more on HelpWriting.net ...
  • 24.
  • 25. Social Interactions And Tangible Items That Might Function... Prior to the study, the researcher identified preferred social interactions and tangible items that might function as reinforcer. For the social interactions, pictures of the experimenter and the child engaging in these interactions were taken with a digital camera and for the tangible items, pictures of the tangible item were also taken to be used in a preference assessment. Pictures were then printed in color onto 7.62 x 12.7–cm cardstock paper. A multiple stimulus without replacement preference assessment was conducted to determine preferences for the interactions and tangible items (DeLeon & Iwata, 1996). Then a reinforcer assessment was conducted to determine whether the interactions and tangible items functioned as reinforcers for the child. A multi–element within a reversal single–subject experimental design was used for the reinforcer assessment (Graff & Gibson, 2003). Preference Assessment Response Measurement A selection response was defined as the child touching one of the given picture cards after the experimenter gave the instructions "Pick one". The child had 15 seconds to select a picture. The trial ended and the child was granted 15 seconds to engage in the interaction contingent on making the selection. Tangible items were not visible as the child chose pictures. The experimenter provided participants with an item to engage with contingent on participants selecting pictures of tangible items. If no picture was selected within 15 seconds after the ... Get more on HelpWriting.net ...
  • 26.
  • 27. What Are The Key Points To Consider When Drafting And... Introduction Clinical trials are research based studies that are performed to determine whether a drug, device, or medical procedure (depending on the stage of the study) is safe and effective. A complete set of trials that would include all phases may cost hundreds of millions of dollars which is usually paid for by a sponsor such as a government agency or a for–profit company. Increasingly, clinical trial activities are contracted out to service providers such as an academic medical center (AMC), a contract research organization (CRO), or a physician's practice and this outsourcing requires negotiation and execution of CTAs. Therefore, a clinical trial agreement (CTA) is required between the sponsor and the organization to conduct the ... Show more content on Helpwriting.net ... This may sound odd, but it is vital to ensure that the party is a legal entity. In addition, the corporate identifier and address should appear in the agreement. The individual signing the agreement must be an authorized representative of that organization who can legally bind it to perform the obligations stated in the agreement. It is also important to identify the Investigator who is assigned to conduct the study and whether the Investigator is an employee of the organization. Otherwise, the Investigator may be considered party to the agreement whose personal obligations, as well as liabilities, must be included in the agreement. Services: The agreement has to set forth the parties' mutual rights and obligations in connection with the conduct of the study. Therefore, it is important that the agreement clearly and succinctly reflects what each party will be responsible for. The language in the CTA should be vague or general, the wording must be exact and precise; otherwise a party's expectations or understanding may be misplaced and the agreement may be breached. Laws: The life sciences is a highly regulated industry subject to local, state, and federal laws and regulations. In addition, if the sponsor is a foreign entity, there may be a host of other laws and regulations that would influence the agreement. The laws and regulations ... Get more on HelpWriting.net ...
  • 28.
  • 29. The Power Of State Versus Individual Rights Essay INTRODUCTION Throughout the history of mankind, societies have tried to balance the relations between Individual and the State. The Constitution of India in its original un–amended form had deftly balanced individual right and the power of state, vis–à–vis, Right to Property. However, this was soon overwhelmed by the socialistic philosophy, and the right to property was relegated from a fundamental right to a mere legal right . This gave tenacity to the government 's acquisition of private property under the doctrine of eminent domain, for the greater good and development purposes. This doctrine of eminent domain is itself contended, as it raises the classical debate of power of State versus individual rights. One of the key challenges facing the development of infra¬structure in India is the acquisition of land. Landowner¬ship confers tangible benefits such as shelter and liveli–hood, as well as intangible benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with their land unless mutually acceptable terms including compensation are agreed upon. Problems arise when land is required for "pub¬lic purpose" and the state can invoke laws that allow for com¬pulsory acquisition through 'eminent domain' . Often, the land acquisition process is neither consultative nor transparent. Further, land–titles are unclear and identifying parties eligible for compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and ... Get more on HelpWriting.net ...
  • 30.
  • 31. Essay Music Copyright What is a Copyright? Music Copyright is a very important aspect of the music industry. The Copyright law was established to preserve the creativity and rights of authors, composers, performers of expression. Copyright is the law that protects the property rights of the creator of an original work in a fixed tangible medium. (http://dictionary.reference.com/browse/copyright) A fixed tangible medium is something substantial like copying lyrics on paper or putting a song on tape or CD. Copyright can be seen every where in the music industry. Many music artist of our culture today have been involved in copyright issues. Recently, on MTV news it was stated that, "As the music industry becomes increasingly concerned about protecting the ... Show more content on Helpwriting.net ... This establishes the artist as the creator of that work. It is not illegal for a person to write the symbol on their work themselves. The correct way to place a copyright symbol on your original fixed tangible medium is like this: Copyright © 2001 Aja Star Lane For record companies it, looks like this: © 2001 Virgin Records. All Rights Reserved. (http://askjeeves.com/copyright/html) This states the day of creation of a musical work. If you do not have the money for the legal fees of the federal copyright process yet, the first thing an artist should do with a musical work is the "poor mans copyright". Poor mans copyright is when the artist puts their fixed tangible medium in an envelope with appropriate postage stamps and mails it back to themselves without opening it. This postmark creates proof of the creator and is the date of creation for the musical work. Why should an artist copyright an original work? Copyrighting a musical expression just ensures that an artist is the creator of that work. There are a couple of reasons why an artist should copyright their original works. The main one is the creator of a work wants to be able to protect his or her work. Also, financial gain from suing. There would not be any purpose in creating music without financial gain for some. If you live in the United States and legally registered your musical works you have ... Get more on HelpWriting.net ...
  • 32.
  • 33. Gilded Age Research Paper Argumentative Essay The ability to have ownership over something, tangible or not, can give a person a sense of value or superiority when comparing themselves to others. Furthermore, as humans, it is easy to desire things as one's own and claim it, but the way something is treated differs from person to person. As a result, the material items and skills a person has ownership over provides a glimpse of his or her's true nature. According to Plato, the ownership of objects can hold a detrimental stake to the character of a person. When applied to a more specific case, such as slavery in America where the concept of owning people as property was a recurring norm in various societies, a vivid description about the white southern males who owned ... Show more content on Helpwriting.net ... Unlike tangible goods, education and skills, for the most part, should come free and there are no limits or an extent placed on such concepts. Everyday, people are given an opportunity to learn, in school or from their surroundings, and gain experiences that they will own forever. According to Albert Einstein, there is no limit to how much one can learn and that intellectual growth will only cease at death. This determination to strive to improve and extend on one's intellect and skills develops from the ownership of such intangible characteristics that make up a person. Einstein makes a point to never give up ownership of one's own ability to freely learn and express curiosites, and while it seems impossible to have intangible objects taken, history reveals times where it has occurred. The most prominent occurrence would be that of Rosa Parks who, aware of her civil rights, stood her ground and refused to subjugate to the racist acts that attempted to strip her of her identity, humanity, and freedom. Through her inspiring actions, Parks revealed how a woman can have the power to be courageous and that African Americans will no longer be enslaved to corrupt ideals attempting to rob them of ... Get more on HelpWriting.net ...
  • 34.
  • 35. Private Property In John Locke's Social Contract In his social contract, Locke also specified the purpose of a legitimate government and clarified how a legitimate government can exercise authority. Aside from providing security and addressing inconveniences found in the state of nature, Locke argued that the purpose of government is to protect people's private property. Property is a profound component of Locke's social contract as it is tangible and gives people more autonomy over their lives. According to Locke, property becomes private once man adds his labor to public property. As the man improved the public property in some manner, he can officially lay his claim to it. Owning property allows people to improve their living conditions and can empower strong economic actors. Locke ... Get more on HelpWriting.net ...
  • 36.
  • 37. Comparison Between Bkfc And Mali Essay BKFC v Mali 5. Does the BKFC owe a duty to prevent pure economic loss of $2,500 caused by negligent words "huge profits" to Mali? It is necessary to consider the following salient features, alongside reasonable foreseeability, as concluded in Hedley Byrne v Heller. First, whether there was reasonable reliance. There is a significant level of reliance on Mali's behalf as she quit her job, relying on the 'huge profits'. Though it is unclear whether this was communicated to the BKFC, the BKFC should have reasonably known that an individual depositing $2500 for a stall at their festival, following their words 'huge profits', would have reliance. Further, James McNaughton Paper Group v Hicks can be applied with regard to the reasonableness of reliance, where the court concluded the plaintiff should have made their own enquiry into the business rather than relying solely on the defendant's statement. Additionally, the contract Mali signed further reduces the reasonableness of her reliance. Secondly, whether the defendant was in a position of authority. The BKFC enticed Mali by stating she would gain "huge profits", similar to the facts of Norris v Siberas wherein Norris induced Siberas to purchase a venue stating it will be a "gold mine". However, unlike Norris v Siberas, wherein there was no relationship of proximity, the relationship between Mali and BKFC can be distinguished as it is closer to a commercial relationship. Thirdly, as the contract ... Get more on HelpWriting.net ...
  • 38.
  • 39. Vince Lombardi's Perceptions Of Competitiveness In Human... What is competition? According to a modern social scientist, "Competition is one of the most basic functions of nature. Those best able to compete within an environmental niche survive. Those least well adapted die out" ("Humans are Competitive Beings"). Henry Russell Sanders, UCLA Bruins football coach, is credited with the phrase, "Winning isn't everything, it's the only thing." In comparison, Vince Lombardi is quoted as having said, "Winning isn't everything, but the desire to win is." Although the different meanings of these quotes exemplify the varying interpretations of competitiveness in human nature, Lombardi's values of winning better displays a healthy view of competition because it is more fundamentally realistic. Lombardi's idea involving competition also reflects a society in good health, even though society may be obsessed with always coming out on top. This emphasis on winning can cause a variety of consequences. It is depicted in Lombardi's quote that one's desire to achieve greatness, participation, and overall effort is more significant regardless of the outcome. This promotes a healthier perspective on competition by supporting the idea that winning isn't guaranteed all the time and encourages a positive attitude toward failure as a lesson maker. John Wooden, a UCLA basketball coach, believed losing was just as important as winning. Winning ten NCAA championships in his coaching career, Wooden advocated constant improvement and pride in performance, ... Get more on HelpWriting.net ...
  • 40.
  • 41. The Analysis : The ' The Gibbons ' Essay The 'Trio' are three qualified (bachelor of communications) designers who have come up with a hit bi–monthly animation, "The Gibbons". It is comprised of two distinctive characters and has raised a cult following of cartoon fans aged fourteen to twenty–three while being free to view. The two characters from the animation are very unique and portray a style that has made the animation and instant classic. Each member of the trio is an animation artist and they evenly distribute the workload. From a managerial perspective, it is important to protect the Trio's intellectual property. In this essay I will take on a managerial perspective and analyse copyright, creative commons, and trademarking/passing off to find out the most suitable protection for the trio's intellectual property. The Trio's creative output could potentially be copyrighted to protect their intellectual property. For starters, they and their product meet the four main conditions to satisfy for copyright protection; the item must be copyrightable, the item must be sufficiently copyrightable, the author must be a qualified person, and the item must exist to some extent of tangibility (Bainbridge, D. 2006). Because the animation itself is uploaded on the internet, it is considered tangible and therefore subject to be copyrighted. The three members of the Trio have graduated from a bachelor's degree in communications, which covers a range of topics including visual material. This means that they are qualified to ... Get more on HelpWriting.net ...
  • 42.
  • 43. Capitol Tax : Capitol Income Essay Capitol income Capitol income is the money invested by the owners or outside investors that is used as a foundation to set up the business or buy supplies and additional equipment. It is usually used to purchase such things like vehicles, rent or buy premises or equipment that will stay with the business for the majority of its time (theses are referred to as fixed assets). Capital income available to a business varies on the type of business it is. Sole trader– A person who owns a business on their own is called a sole trader, they therefore have to supply all the capital income from their own sources or reach out to a bank using their own assets, such as their house to secure a start–up loan, therefore this makes the investment very high risk as they are solely responsible for all debts the business may come into. The size of the business can also be affected because of this however if the business becomes successful the owner can keep all of the profits to himself/herself. Partnership– Not unlike a sole trader however a partnership is when two people join together to set up a business. Both partners are expected to contribute equally towards the capitol income, therefore increasing the potential amount of profit available to the owners. Any start–up loans used as a foundation for the business are still secured by the partner's own assets which although makes a partnership not as risky as the sole trader but it's still quite a high risk option. Shares– The capitol of a ... Get more on HelpWriting.net ...
  • 44.
  • 45. Federal Law And Public Employee Relations Pittsburg State University/Kansas National Education Association versus Kansas Board of Regents/Pittsburg State and Public Employee Relations Board case study This case study began as a result of a complaint that was filed with the Public Employee Relations Act (PERB) by the Pittsburg State University/Kansas National Education Association (KNEA). The Pittsburg State University's faculty members were represented by the Kansas National Education Association. In the complaint, Kansas National Education Association proclaimed that the Kansas Board of Regents/Pittsburg State University committed an illegal practice according to the Public Employer–Employee Relations Act due to a lack of communication prior to adopting a policy pertaining to the ... Show more content on Helpwriting.net ... (4) Instructors have three major responsibilities: teaching, scholarship, and creative endeavor and service. (5)The university provided instructors with office space, equipment, research facilities, supplies, and secretarial assistant. (6) Instructors conducted research, wrote scholarly articles, published scholarly articles, created songs or artwork and other forms of intellectual property. (7) Instructors who published scholarly works performance was better on their evaluations and received a higher level of compensation. (8) Promotions were based on publication of books articles and presentation of information at conferences. (Kansas City Courts, 2005) An Opinion was filed on July 15, 1983 by the Supreme Court of Kansas that further explained the Public Employer–Employee Relations Act (PEERA) that became effective in 1972. The document asserts that the PEERA enforces mandatory responsibilities upon the public employer and the representatives of public employee organizations to meet and confer and enter into discussions in good faith with an affirmative willingness to resolve grievances, disputes and to promote the improvement of employer–employee relations (Courtlistener.com). The PEERA, K.S.A. 75–4321 et seq., stipulates that a public employer is required to meet and deliberate with an acknowledged public employee organization on the subject of ownership of intellectual property providing that the ownership of intellectual property is a condition of ... Get more on HelpWriting.net ...
  • 46.
  • 47. The Legal Status Of The Human Body In our present bio–medical age, with the advancement of technology, the legal definitions of 'persons' and 'property' have begun to endanger what it means to be classified as a human. From organ donation, to surrogacy, and the research done on bodily fluids and tissues, the human body is slowly becoming the property of the state rather than the property of the person. In order to combat this legal status there needs to an expansion of the property rights of legal persons, which would have to encompass their body, including all by–products that the body produces. Michael Sandel, a professor at Harvard, has identified two arguments surrounding the idea of surrogacy that can also be applied to organ donation or other areas of medicine and ... Show more content on Helpwriting.net ... In our society the process of selling and buying children, body parts and their by–products will always seem morally corrupt even if the law changes to support that market. These two arguments help to show the problem with the purchase and sale of children in relation to surrogacy. Sandel argues that a pregnant mother cannot voluntarily enter into a contract to give her unborn child away once birthed because she is unlikely to be fully informed of all the consequences and details. Sandel goes on to say that treating a child as a commodity degrades them because they are now used as a form of profit. Based on Sandel's two arguments, when an issue arises over the products or processes of a human body there can be no way in which the transaction could take place in an entirely voluntary matter. One party will always be at a disadvantage in one way or another and societal norms will not allow for transactions, where there appears to be no disadvantage present, to take place. Sandel's arguments can be seen during the appeal trial of the famous Baby M case, but in the initial trial, adjudicated by Justice Sorkow, the reasoning behind the judgement takes the opposite approach of Sandel's arguments. Justice Sorkow based his decision in the trial partially on the fact that the surrogate consciously chose to have a child for another couple. Justice Sorkow reasons that the ... Get more on HelpWriting.net ...
  • 48.
  • 49. The Real Estate Industry Is An Industry The real estate industry is an industry where consumers can purchase, rent, or lease real estate, manage residential, commercial, and industrial properties, and provide other real estate related services, including appraisals (CITATAION). The demand for real estate is driven by economic growth, personal finance, and rates of employment, interest rates, and access to funds. (CITATION) The return on investment of an individual relies on the value and demand of the property, which are both influenced by the economy. Real estate investors also depend on the amount of investment capital available. Seasoned investors have a competitive advantage based on their financial resources. Beginning investors can compete closely by focusing on local smaller markets within the industry Within real estate investing there are various independent variables and services that collectively contribute to the success and major functioning of one another. The realm of these dependencies within the industry include property and investment management, brokerage services, leasing, valuations, relocation services (CITATION). The entities in need of the above services include, property owners, investors, home buyers, and renters. Real estate investors generally focus in residential or commercial properties. As we dig further into the Real Estate industry we will now focus on the industry itself, the factors that influence the emerging market along with the benefits and risk associated with each ... Get more on HelpWriting.net ...
  • 50.
  • 51. Jean Paul Sarte's Essay 'Thank You For Arguing' To own something is defined as "belonging to oneself." I own my favorite sweater. I own my cats. I own plenty of books. All of these are mine and are mine to do with. But can a person own a concept, something intangible? Is it possible own the ideas inside of my book, or even something like my name? Yes. Jean Paul–Sarte is correct in saying that the sense of ownership goes beyond objects to include the intangible. Owning something doesn't mean that we have it physically– it means that we know it and have made it a part of ourselves, which can help us discover our sense of self. "Thank You For Arguing" is sitting on my desk right now. I paid for it and received it in the mail. I can touch it and know that it is there and that it is my property. ... Get more on HelpWriting.net ...
  • 52.
  • 53. Hunter V Moss Criticisms Essay Certainty of subject matter and the critcisms of hunter v moss When creating an express trust knight and knight articulated that there must be certainty of subject matter, certainty of intention and certainty of objects. Certainty of subject matter is where there must be an identification of the trust property and certainty as to whom is which part of the trust property to be held. In relation to uncertainty of beneficial interests, the trust will fail where the method of distribution is stipulated by the sethlow but cannot take effect (Boyce v Boyce). However the trust will not fail where the method of distribution is not stipulated by the sethlow leaving the court to intervene (re napton). If there is an effect of lack of certainty in ... Show more content on Helpwriting.net ... However in Re Golay the court looked at the tester's intention'. To deduce what 'reasonable income' meant Oliver J articulated the orthodox approach or rule in re London wine where property must be segregated form a lager mass of similar property for there to be a valid trust he said "To create a trust it must be possible to ascertain with certainty not only what the interest of the beneficiary is to be but to what property it is to attach." "The 'mere declaration that a given number of animals out of the flock would be held on trust would not create a trust'. This approach was followed in re Goldcorp which affirmed that property must be separately identifiable before it can be held on a valid trust. The contention arose with Hunter v Moss which did not follow the orthodox approach where Hunter was entitled 50 out of moss's 1000 shares. Under the Goldcorp rule there would be no trust because the property was not separated however Dillon J said there was a valid trust. The rationale for this controversial decision was that it would have made no difference which 50 shares would have been given because they were all identical. So here there was no need to segregate the property if it was intangible. The problem with this case is that Dillon is giving the trustee of the will who only has legal title subject to the terms of the trust an executor status, i.e. putting him in the shoes of the sethlow. This is a problem because the executor acquires legal ... Get more on HelpWriting.net ...
  • 54.
  • 55. Copyright Law Essay Overview‐Policies  Copyright protection provides the owner of an original work of authorship the right to prevent others from using the work without the owner's permission.  Copyright law protects against the copying of an "expression of an idea" but does not protect the idea itself.  this protection is limited compared to patent law because copyright law allows for independent creation of a copyrighted work as a defense to copyright infringement.  The theory is that 2 people can create exact or similar works without copying one another; therefore, each has copyright protection in their respective work.  The policy is similar to patents. We want to encourage creativity, but also provide the public with the freest possible access to ... Show more content on Helpwriting.net ... copyright law applied to works created today. [Our focus.]  Earlier created works are governed by either the "Copyright Act of 1976, originally enacted" or the "Copyright Act of 1909 Subject Matter of Copyrights  Copyright Act provides a long list of works that may be copyrighted, but the list is not exclusive.  the law is left fluid, allowing courts to extend copyright protection to new forms and ways of expressing ideas, as they may be developed in the future.  Today, the Copyright Act provides that Copyright protection extends to "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." The 2 key requirements are:  1) Original‐ meaning that the author created the work and did not copy it from someone else.  there must be some level of creativity involved  in the Feist case, the court held that arranging the listings of a telephone book alphabetically was not creative enough  names, addresses and phone numbers are public facts or data and are not original and therefore not copyrightable;  but the arrangement and selection of facts or data may be copyrightable if done in an original way;  alphabetizing is simply not original. 2) Fixation‐ in order to receive copyright
  • 56. ... Get more on HelpWriting.net ...
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  • 58. Unclaimed Property Research Paper I will be going over what I learned from the Unclaimed Property 101 – The Basics pdf and audio file by Terry Reid from Unclaimed Property Professionals Organization. According to Reid, unclaimed property is defined as "intangible personal property that has gone unclaimed by the rightful owner (i.e. remained outstanding) for a specified period of time". Most of the items that are considered unclaimed property is intangible. One common example of intangible unclaimed property is uncashed checks. For personal property to be considered an unclaimed property, it has to have these three requirements: it is issued or held in the ordinary course of the holder's business; it was a debt or obligation of the holder to an owner or creditor; and it remains ... Show more content on Helpwriting.net ... This also requires the holder to perform due diligence about the owner and to notify them of their unclaimed property. Again, each state has different laws about this but you must make attempts to give back the unclaimed property. As the holder, you should allow the owner time to respond to your communications, send letters, and send contact information. Once you made all the attempts to contact them as you could, according to your states laws, you may report the fund as unclaimed property at the expiration of the dormancy period. This is the amount of time that must go by for a property to be considered unclaimed. These periods are at least a year for properties such as unclaimed wages but can be up to 15 years for unclaimed travelers ... Get more on HelpWriting.net ...
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  • 60. Examples Of Omnipresent Right To Property The Omnipresent Right to Property Human rights are norms that serve to protect all people everywhere from severe legal, political and social abuses. Nevertheless, the whole concept of "human rights" is seriously misleading. It lays claim to the idea that these rights are common to all of mankind in all times and places. Disregarded within the concept of universality is that human rights exist independently of whether found in the practices, morality or law of their country or culture. Societies deprived of a central authority to accurately enforce these universal human rights leads to individuals adopting their own idiosyncratic interpretations. Of all human rights, the most critical is the right to own property because owning property gives ... Show more content on Helpwriting.net ... A radically different approach is long overdue because these laws failed to accomplish the objectives of improving the wellbeing of people. The central problem with human right laws is that at their foundation they are hopelessly ambiguous. In addition, the rights were described in vague, aspirational terms, allowing for a loose interpretation. The incorrect enforcement of rights is ruining overall protection guaranteed by our rights. It is damaging our current system of democratic government, for instance by creating an excessive focus on rights, as opposed to responsibilities, social justice or the public interest. To discredit this counter argument is the overwhelming strides society has made towards equality with the establishment of the universal human right to own and never be arbitrarily deprived of their ... Get more on HelpWriting.net ...
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  • 62. Literature Review : And Bell And Waters 2. Literature review 2.1 Introduction Both Machi and McEvoy (2012) and Bell and Waters (2014) stated that there are several reasons why the author needs to complete a literature review. The most consequential motives are to compare previous findings, to justify the thesis of this paper, to identify similar work done within the subject area and to critique existing conclusions and suggest further studies. Furthermore the author must gain knowledge and understanding of the most important issues to establish the researcher's theoretical framework and methodological focus. This literature review will illustration how the investigation the author is conducting fits with what has gone previously and puts it into perspective. The growth of the private rented sector in London now means that letting agents, renters and landlords all play a critical role in the service package. It is becoming an increasingly important area for identification of the service quality attributes that are most valued and significant and the purpose of this paper is to assess the impact of the relative elements of the service package on private residential property renters, letting agents and landlords in London. The private residential rental market in the UK has more than doubled in size in the last twenty years and now accounts for 4.7 million UK households and two thirds of all private tenancies involve an agent according to Gov.Uk (2014). This research will attempt to examine ... Get more on HelpWriting.net ...
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  • 64. The Philosophy Of Liberalism And Marxism Essay The Philosophy of Liberalism and Marxism John Locke and Karl Marx are two of the most influential philosophers when it comes to politics and how we should govern. Locke, regarded as the Father of Liberalism and Marx, the Father of Marxism, had many conflicting ideas and philosophies but their works are deep seeded into modern politics we know today and are still widely disputed John Locke's An essay of Human Understanding in 1689. One of its main concepts is that knowledge is gained by experience. This is known as empiricism. Empiricism is "The view that sense experience is the only basis for true knowledge" Locke believed that the mind is a blank slate, or "tabula rasa", at birth and we gain all our knowledge from experience, observation and experimentation. This form of thought went against the previous belief that knowledge can be gained just by reason and thinking. This was known as rationalism. Locke believed we were all born the same and that no one man was born with more knowledge than the next. "We hold these truths to be self–evident that all men are created equal" (The Declaration of Independence) John Locke may not have written The Declaration of Independence but his philosophical views seem to have had an influence. Many of Locke's philosophical views were somewhat radical, but they would later become regarded as highly influential. A work such as A Letter Concerning Toleration was published in 1689. This was during a time were religious prosecution was ... Get more on HelpWriting.net ...
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  • 66. Feasibility Study Phase 1: Research Good research is the key to success in property development. We start out by arming ourselves with all the information needed to determine which locations have the potential to make money or not. In this phase we evaluate potential suburbs, neighbourhoods and sites, do a preliminary market study, put together a preliminary budget, carry out a preliminary financial analysis, prepare a timing analysis and review the political climate and the council approval process. Here are the steps we will evaluate in detail during the course: a) Become expert in at least one area –probably starting with the suburb where you live. b) Decide what kind of development suits your goals and capability. c) Gather information from the ... Show more content on Helpwriting.net ... During this phase we finalise the acquisition of the site, get any required government approvals and begin talks with builders and other professionals we will need for the construction of the project. We will evaluate these pre–construction steps later in the course: a) Organise our finance b) Secure the property by purchase or option a) Engage an architect to produce your plans and DA. b) Evaluate prospective builders and project managers c) Submit a Development Application or other required documentation to Council d) Revise and update our Feasibility study. (We will keep doing this throughout the project) e) Organise Certification and Construction Certificate f) Begin pre–sales if applicable Phase 4: Construction This is one of the most exciting moments in the process. During this phase your development project will finally become tangible. While you may not be doing any of the actual construction work yourself, you will gain great satisfaction seeing your hard work come to fruition.
  • 67. In this part of the course we will examine these steps in detail: a) Finalise (and monitor) our schedule to make sure everything is proceeding on time b) xxxxx (Consult Dom / Martin on these steps) c) xxxxxx d) Engage in troubleshooting. Projects rarely go exactly according to plan, so you will need to be versatile and innovative in finding solutions to unexpected problems. e) Start work on your marketing and sales plan (see next phase) f) Learn valuable lessons to apply to ... Get more on HelpWriting.net ...
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  • 69. John Locke Tangible Property Analysis 1.Who decides whom has the right to own the property? John Locke (1632–1704) was an English philosopher who is one of the first philosophers of the Enlightenment and the father of classical liberalism. What is property? Property is basically a claim to ownership of something. Locke felt that people were born with certain rights and freedoms that could not be taken away without that person saying so, or giving consent. How do we get the property? Locke describes labor theory of property that builds from prevalent property substructure. He believed that God gave the world and all that was in it to man for his common use. I will discuss briefly John Locke's view in tangible property, intellectual property, and the owner of a property. Locke's view on tangible property. Tangible property is anything which can be touched. It includes both real property and personal property, and stands in distinction to intangible property. However, some property, despite being physical in nature, is classified in many legal systems as intangible property rather than tangible property because the rights associated with the physical item are of far greater significance than the physical properties. For example, a promissory note is a piece of paper that can be touched, but the real significance is not the paper itself, but the legal rights which the paper confers. The promissory note is defined by the legal debt rather than the physical attributes. How is intellectual property different from ... Get more on HelpWriting.net ...
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  • 71. Why Should I Invest For The Real Estate? Why Should I Invest in Canadian Real Estate? By Irene Pylypenko | Submitted On March 01, 2012 Recommend Article Article Comments Print Article Share this article on Facebook 1 Share this article on Twitter 1 Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest Expert Author Irene Pylypenko Why Real Estate? Leverage There 's more leverage allowed with real estate than any other type of investment – banks will lend investors 75% or more of the total value of their purchase, and often at relatively low interest rates. This high–leverage capacity results in a higher–than–average return for investors. Appreciation People will always need a place to live. When a property is purchased in a market with a growing population, each year the property will increase in value because more people will be moving to that market and will be driving the demand for housing up. In the same situation, a rental property 's debt owed will decrease over time, as tenants gradually pay down the principal on your mortgage. Cash flow Few assets match the cash flow capabilities of real estate, a smart investment will yield a steady stream of income from the outset, and this income will continue to increase over time as the mortgage is paid down and rents rise. Predictability Historically, real estate has been more predictable than ... Get more on HelpWriting.net ...
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  • 73. Song Copyright Research Paper The Song Copyright Music is part of parcel in the everyday lives of people. Many believe that when words are not enough to convey what one feels, music can. Music has varying genres but all have the same goal– that is to encapsulate emotions through the lyrics of the song. When one is happy, the one listening to it will be happy. If the song is sad, it can bring nostalgia to its listener. Further, music has been regarded as an art, because singers and song writers have their diverse ways on how to write it. As an art, it includes skill and talent to make it more appealing to the market. However, writing a song and signing it does not end there. Since these songs are considered to be a property of those who were able to write and sing such, it must be protected. That is why there are copyright laws which seek to protect songs of various artists all over the world. This paper will discuss how copyright gives the protection the artists need and why it is still necessary. Purpose of Copyright Primarily, copyrights exist because it seeks to protect the creation of writers as this will entitle them to ownership. This is what is stipulated in the U.S. Copyright Act, copyright seeks to protect original works of authorship fixed in any tangible medium of expression (The Anti–Abuse Project). The works can be songs, or films and television programs, or any other original creation of music which includes lyrics. According to the West's Encyclopedia of American Law, as this was stipulated in US Copyright Act, copyright gives authors a number of exclusive rights: (i) they have ... Show more content on Helpwriting.net ... "Copyright Protection: What It Is, How it Works." Stanford University Libraries. The Board of Trustees of the Leland Stanford Junior University, 2015. Web. 26 Jan. 2016. "What Does Copyright Law Project?" The Anti–Abuse Project. The Anti–Abuse Project, 2012. Web. 26 Jan. 2016. "Copyright." West's Encyclopedia of American Law. The Gale Group, Inc., 2005. Web. 26 Jan. ... Get more on HelpWriting.net ...
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  • 75. Theories Of John Locke When examining John Locke, the legal philosopher's theory, he believes "that men have produced a society with unequal distribution of wealth simply by putting a value on gold and silver, by using money as a means of exchange" (Powell, 1996). Locke does not openly say that this is right or even fair, but merely that this arrangement is the ordinary result of men setting a significance on gold and silver and incidentally approving in the use of money. Locke goes on to say in his own words that, "This partage of things in an inequality of private possessions, men have made practicable out of the bounds of society, and without compact, only by putting a value on gold and silver" (Uzgalis, 2001). John Locke's theory seems to still to this day persuading the industrial cultures around the world by pursuing reasons in the name of freedom not only to trade but also ... Show more content on Helpwriting.net ... Thomas Hobbes debated that this was the most convincing in his breakthrough of work. This belief reduced from the central view of Hobbes' viewpoint that human beings are the most selfish individuals and ungrateful, along with John Locke's theory. According to Thomas Hobbes, he said that if someone stood placed in a state of nature without any type of government, humans would be in a state of endless fighting with one another. Which is something that would undoubtedly have to agree with. In this specific natural state, Hobbes stated, that "the life of a man was 'solitary, poor, nasty, brutish, and short" (Thomas Hobbes & John Locke). Thomas Hobbes's outlook on human nature was mostly formed by the English Civil War. Hobbes measured the subsequent disordered interruption period, from 1649 to 1660, which was to be as close to that uncomplicated state of nature as humans could possibly get. This would be allowing for the vastly dysfunctional nature of English government during that ... Get more on HelpWriting.net ...
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  • 77. Aaron Mercer Rules Of Procedure Defendant, Aaron Mercer ("Mercer"), by and through undersigned counsel, hereby answers the Interrogatories propounded by Plaintiff, Danielle Price and states as follows: a. The information supplied in these Answers is not based solely on the knowledge of the executing party, but includes knowledge of the party, its agents, representatives and attorneys, unless privileged. b. The word usage and sentence structure may be that of the attorney assisting in the preparation of these Answers, and thus does not necessarily purport to be the precise language of the executing party. c. The information contained in these Answers is being provided in accordance with the provisions and intent of the Maryland Rules of Procedure, which require ... Show more content on Helpwriting.net ... INTERROGAORY NO. 2: Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert 's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert 's findings and opinions. (Standard General Interrogatory No. 2.) ANSWER TO INTERROGATORY NO. 2: Defendant will designate experts in accordance with the Court's scheduling order. INTERROGAORY NO. 3: If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them. (Standard General Interrogatory No. 3.) ANSWER TO INTERROGATORY NO. 3: See Defendant's document production. Defendant reserves the right to supplement this response. INTERROGAORY NO. 4: Set forth in detail ... Get more on HelpWriting.net ...
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  • 79. The Housing Crisis Of Boomerang Buyers Following the 2006–2008 housing market crash, 4.8 million of homeowners lost their most valuable assessment to foreclosure, and another 2.8 milliongave up their homes in short sales. These former homeowners that are reentering the housing market after losing their homes during the housing market financial crisis are now part of a wave of "boomerang buyers." According to Real Estate experts, boomerang buyers who are returning to the market were at least 10 percent of all United States home purchases during 2014. More important, this trend is expected to increase in 2015 and 2016 as more boomerang buyers become eligible for new options to get their dream homes again. The unquestionable fact is that a great majority of boomerang buyers are hardworking, honest people that got caught in the middle of one of the biggest housing crisis that occurred in the last 100 years. Fortunately, those housing crisis' victims are beginning to see the light at the end of the tunnel since several options are becoming available to them in order to get back into home ownership. Among these options, I like to explore some available avenues for those boomerang borrowers to include the rent to own option, Veterans Affairs backed loans, and owners financing option. First of all, the rent to own option is a superb option that allows the renters to apply the monthly rent to the purchase of the house. Renting to own, otherwise known as a lease–option, allow those people that are not in the ... Get more on HelpWriting.net ...