Protection Of Intellectual Property Essay

Protection of Intellectual Property Essay
Protection of Intellectual Property
Introduction
There is a lot of controversy about intellectual property and its application to software. There are
many difficult, fundamental questions that arise, such as exactly what aspects of a piece of software
should be protected under copyright or patent. [5] Despite the fact that applying existing laws to
software is not very straight–forward, some sort of legal protection for intellectual property is
necessary, as it provides a significant amount of positive outcomes, which will be described further
in this paper. We will argue that the legal protection for intellectual property is an ethical obligation
from a rule utilitarian ethical framework because it promotes innovation and economic ... Show
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[6]
One of the most useful aspects of the legal protection of intellectual property is the drive towards
innovation that it inspires. This is traditionally accomplished through a monetary incentive that is a
result of the exclusivity granted by a copyright or patent. The potential of being granted the
exclusive rights for the creation and distribution of a potentially new and useful idea or technology
is what drives people to create new ideas in a capitalist society. [4] By copyrighting software,
software developers are encouraged to create new and exciting software because they have, at the
very least, a monetary incentive to benefit from their work. Finally, copywriting software allows the
creator to determine how his software is to be used. For example, software copyright has enabled
licenses like the General Public License, which allows anyone to use the software without
restriction, but requires that any modification of the software be "shared openly like the original."
[3] Clearly, the rights granted by legal protection of intellectual property have and will continue to
promote innovation.
The legal protection of intellectual property also promotes economic growth. The manufacturing
industry, as well as the pharmaceutical and publishing industries are among many industries in the
modern
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Frederic Bastiat Essay
Frederic Bastiat (1801–1850) was a French classical economist, statesman, and author. He did most
of his writing during the years before and after the Revolution of February 1848. This was the
period when France was rapidly turning to complete socialism. As a Deputy to the Legislative
Assembly, Mr. Bastiat was studying and explaining each socialist fallacy as it appeared. And he
explained how socialism must inevitably degenerate into communism. But most of his countrymen
chose to ignore his logic. The fight against socialism drained Bastiat's already fading energy, and by
1850––a mere six years alter his first published article and only two since his election to the
National Assembly––he was on his deathbed. But far from being a flash in ... Show more content on
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Many philosophers have made important contributions to the discourse on liberty, Bastiat among
them. But Bastiat's greatest contribution is that he took the discourse out of the ivory tower and
made ideas on liberty so clear that even the unlettered can understand them. Like others, Bastiat
recognized the greatest single threat to liberty is government.
Law, according to Bastiat, "is the collective organization of the individual right to lawful defense"
(pg. 2). Bastiat starts off saying that the basic gifts man has from God, it exists only to do what
individuals have a right to do: protect their persons, their liberties and their properties. Bastiat gave
the same rationale for government as did our Founders, saying, "Life, liberty and property do not
exist because men have made laws. On the contrary, it is the fact that life, liberty and property
existed beforehand that caused men to make laws in the first place." No finer statements of natural
or God–given rights have been made than those found in our Declaration of Independence and "The
Law." The law was created to ensure that individuals in society were allowed to use these gifts.
"Justice is achieved only when injustice is absent" (pg. 12).When the law is used for more than these
three goals, the law becomes an instrument of injustice. Similar to the use of the law is abused by
the greed and false philanthropy

Assignment B1 1 Essay examples
Paper B1–Privacy–Related Matrix (12%)
This assignment gives you an opportunity to analyze a key IT–related organizational ethical privacy
issue subject to relevant laws, regulations, and policies. Both of the following sites provide sources
and an excellent backdrop for issues relating to privacy protection and the law.
See EPIC Report – at: http://epic.org/reports/ See List on left: HOT POLICY ISSUES and/or:
https://www.eff.org/issues/privacy [see list at right on this page]
This includes sub–topics discussing information privacy, privacy laws, applications and court
rulings (case law is usually an extension of the basic law based on the facts from specific cases and
real–world court decisions), and key privacy and anonymity ... Show more content on
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Make sure you read the B2 assignment below so that you understand the relationship prior to
starting B1.
Normative Ethics List
Autonomy: the duty to maximize the individual's right to make his or her own decisions.
Beneficence: the duty to do good both individually and for all.
Confidentiality: the duty to respect privacy of information and action.
Equality: the duty to view all people as moral equals.
Finality: the duty to take action that may override the demands of law, religion, and social customs.
Justice: the duty to treat all fairly, distributing the risks and benefits equally.
Non–maleficence: the duty to cause no harm, both individually and for all.
Understanding/Tolerance: the duty to understand and to accept other view points if reason dictates
doing so is warranted.
Publicity: the duty to take actions based on ethical standards that must be known and recognized by
all who are involved.
Respect for persons: the duty to honor others, their rights, and their responsibilities. Showing respect
others implies that we do not treat them as a mere means to our end.
Universality: the duty to take actions that hold for everyone, regardless of time, place, or people
involved. This concept is similar to the Categorical Imperative.
Veracity: the duty to tell the truth.
Ethical Dilemma Matrix:
Ethical dilemma:

Stakeholders
1
2
3
4
Step 1: Identify the ethical dilemma based on one of the broad categories identified. An

Why Gay Marriage Is Constitutional Essay
Traditional wedding vows state, "I, (name), take you (name), to be my (wife/husband), to have and
to hold from this day forward, for better or for worse, for richer, for poorer, in sickness and in
health, to love and to cherish; from this day forward until death do us part"(Callaway). Marriage is
defined as two people bond together legally under the protection of laws. Couples are able to
express and establish their life long relationships officially, publicly, and permanently. Due to the
fact that homosexual relationships are increasingly more accepted by the public, gay marriage has
become one of the most controversial topics throughout the US. The fundamental human right of
marriage should not be limited to a man and a woman; ... Show more content on Helpwriting.net ...
According to DOMA, "In determining the meaning of any Act of Congress, or of any ruling,
regulation, or interpretation of the various administrative bureaus and agencies of the United States,
the word 'marriage' means only a legal union between one man and one woman as husband and
wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife"
(sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared
section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro
208). In "Gay Marriage Is A Fundamental Right" by Nathan Goetting, "The right to many, and to
marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness.
This has been an explicitly stated abiding principle since the Court used its power of judicial review
to strike down as unconstitutional a legislature's definition of marriage in 1967." Currently, 17 states
in the United States have legalized the right to same sex marriage. The realization of DOMA is
unconstitutional has further evidenced that gay marriage is one of the civil right that should not be
taken away by the government, and it is an inevitable changes that open doors for equality and
equity.
The US government has acknowledged that the right to

Modern Definition of Rule of Law
Introduction to the Rule of Law & the modern definition. Rule of Law in the layman
perspective is the principle that nobody is above the law and that every man's act is subject to the
law. The law referred, in our context, is the Malaysian Constitution which embodies the definition,
expressly in many of its provisions. The constitution has the absolute power as against the
arbitrariness and discretionary power of the government. This concept is commonly practiced in
democratic countries. Rule of Law and Rule by Law should be distinguished as the latter is merely a
government's tool for the purpose of ruling and governing only. It is not a good approach as
compared to the Rule of Law because law is made by the people, for the people. ... Show more
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By Article 149, it permits the suspension of the Fundamental Liberties, since it validates any
legislation otherwise outside the legislative power of Parliament. The Proclamation of Emergency
provided in Article 150 permits Parliament and YdPA to override all provisions of the Constitution.
This is not to say rule of law is not stable, but that the regular law operates alongside a system of
emergency law which is much more draconian. An example is the powers of preventive detention, or
International Security Act, which will be discussed further. Constitutionalism Crisis: International
Security Act The International Security Act or more commonly known as ISA is an old and
inhumane law which is against with the principle of Rule of Law. ISA is a cruel and harsh law and
has always been an issue which has yet to be solved in satisfaction. Proposals for the ISA to be
reviewed and subsequently, be abolished has been made since Tun Mahathir and Tun Abdullah
Ahmad Badawi's times as Prime Minister, and once again, now made by our present Prime Minister,
Datuk Seri Najib Razak. It has been 50 years since the ISA came into force but the government has
still yet to take any actions in viewing this problem. The ISA made it seems as though the Rule of
Law does not exist in Malaysia or less effective. The ISA is a preventive detention law that allows
the force to detain a person without trial or criminal charges under lawful circumstances and he will
be

Essay on Durkheim and Marx Theories Applied to Drug Laws
All societies have rules and regulations as well as penalties for those who violate them. There are
numerous theories about the philosophy behind these laws and punishments, and the reasons we
implement them. A short analysis of two of these perspectives can shed light on the differences
between the various ideas while illustrating that, in reality, each theory carries some validity.
Emile Durkheim and Karl Marx's perspectives on the law are significantly different. Durkheim's
view is based upon the belief that a society's legal system reflects the values of society as a whole,
while Marx's view is based upon the belief that laws reflect a continuing conflict between the
classes. An examanation of how these two perspectives perceive ... Show more content on
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David Garland agrees with this and writes, "penal measures are shaped not just by patterns of
criminality–– themselves linked to the conditions of life of marginal groups and their relation to
other classes–– but primarily by governmental perceptions of the poor as a social problem and the
preferred strategies for their treatment (page 134)."
In the late 1980's and early 1990's, drug use became a major concern for most Americans. As the
War on Drugs and "Just Say No" campaign were being thrust into the spotlight by the government
and media, the public became more aware of the scope of drug use and abuse in this country. The
federal and states' governments quickly responded by creating and implementing more harsh and
punitive punishments for drug offenses. Most of these laws have either remained unchanged or
become stricter in the years since then.
According to the Durkheimian perspective, the public sees drug use as an unacceptable behavior and
recognizes it as a threat to morality and values. As such, drug users must be punished in order to
restore societal harmony and deter future offenses. The increasingly punitive reaction to drug use in
the 1980's can be seen as a reaction to the public's increasing perception that drugs are a threat to the
moral fabric of society. By inflicting severe punishment on drug offenders, the community is
satisfied with the knowledge that drug addicts are paying for

Political Theory of John Locke Essay
John Locke: Account of Political Society
What would the American government be like today if it was not for the mind and political theory of
John Locke? Some historians and philosophers believe that without John Locke our government
would only be a shadow of what it is today. Arguably, one of his most important political and
philosophical works was his Two Treatises of Government. There he argues that the function of the
state is to protect the natural rights of its citizens, primarily to protect the right to property. John
Locke, in many eyes, can be viewed as one of the father's of Democracy. He embraced many of
ideas in his theories on the state of nature and the rise of political society today. In Locke's political
society, ... Show more content on Helpwriting.net ...
This in essence means that all members of the society should be equal under the law of justice, and
that no man is better than another, since all men are created equal, and all are equal before the laws
of nature. "Everyone as he is bound to preserve himself, and not quit his station willfully; so by the
like reason when his own preservation comes not in competition, ought he, as much as he can, to
preserve the rest of mankind, and may not unless it be to do justice on an offender, take any, or
impair the life, or what tends to the preservation of the life, the liberty, health, limb or goods of
another," (Locke pg 117, 6). That means that no individual has the right to take away the rights of
another. As a result, if a person commits a crime, the people have a right to punish him. For
example, if one man kills another man's sheep, then the people have the right to kill one of his sheep
without committing a crime. Besides the right to self–preservation, Locke also believed that all
individuals had a natural right to property, "the labour of his body, and the work of his hands, we
may say, are property his," (pg. 128, 27). This natural right carried with it two preconditions of
natural law. First, since God gave the earth to all individuals, people must be sure to leave enough
property for others to have, the second

Doctrine of Repugnancy in India
__________________________________________________NIRMA UNIVERSITY
AN ANALYTICAL STUDY AND APPLICABILITY OF THE DOCTRINE OF REPUGNANCY
IN INDIA
ABSTRACT
"The distribution of powers is an essential feature of Federalism. The object for which a federal
State is formed involves a division of authority between the Central Government and the State
Government. The tendency of federalism is to limit on every side the action of the Government and
to split up the strength of the State among co – ordinate and independent authorities are especially
noticeable". A Federal Constitution establishes a dual polity with the Union at the Center and the
States at the periphery, each endowed with sovereign powers to be exercised in the field assigned to
them ... Show more content on Helpwriting.net ...
APPLICABILITY OF THE DOCTRINE OF REPUGNANCY
The Doctrine of Repugnancy has been applied in a number of cases in India.
In a recent judgment , dealing with the issues relating to the constitutional validity of Maharashtra
Control of the Organized Crime Act (a State legislation), the Supreme Court revisited the doctrine of
Repugnancy and explained its nuances in its decision in Zameer Ahmed Latifur Rehman Sheikh v.
State of Maharashtra and Ors. in the following terms:
Chapter I of Part XI of the Constitution deals with the subject of distribution of legislative powers of
the Parliament and the legislature of the States. Article 245 of the Constitution provides that the
Parliament may make laws for the whole or any part of the territory of India, and the legislature of a
State may make laws for the whole or any part of the State. The legislative field of the Parliament
and the State Legislatures has been specified in Article 246 of the Constitution Article 246, reads as
follows: –
Subject–matter of laws made by Parliament and by the legislature of States.
(1) Notwithstanding anything in clauses (2) and (3), Parliament has

Comparing France and Us Criminal Justice System Essay
There many different criminal justice systems in the world today. Some that consists of many of the
same policies and some that are considerably different. In the case of France and the U.S. there are a
lot of similarities, but I will be focusing on the differences between each of their systems. The
aspects that I will be comparing are police, courts, the legal profession, legal education, criminal
procedural law, corrections, and juvenile justice and the advantages and disadvantages of each.
The policing system in France is a lot different than the one in the U.S. In France there is one big
centralized police system run by the government. Unlike the fragmented police model, which is
found in the United States and is attributed to the ... Show more content on Helpwriting.net ...
Another difference between the two countries is their court system. France does not practice judicial
review. In the United States, the Supreme Court has the principle responsibility of ruling on the
constitutionality of all laws. This kind of judicial review is not practiced in France (Terrill 232). In
France they have the Constitutional council which has nine members serving a nine year term, they
are responsible for election complaints and the legislation made in parliament. The advantage of this
is that it reduces the conflict of jurisdictions. But the disadvantage is that our Supreme Court has a
longer term than the Constitutional Council which allows more constant laws and fewer laws that
will contradict each other.
The aspect of legal profession and legal education is also extremely different. To become a judge in
France you must first obtain a law degree from a university law school. Next you must gain
admission to the National School for the Judiciary at Bordeaux (Terrill 236). After completing this
school, the candidate is now qualified to become a judge. The French system allows judges to begin
their profession at an early age which could be a disadvantage because of lack of experience in the
system, where judges in the United States are usually older and more knowledgeable.
The legal education is noticeably different from America. In France, students enter a university

Life in New York Tenement Houses
OPTION 1
Life in New York Tenement Houses
1. What are the three distinct classes of homes in the tenement houses? In what ways does each
reflect the needs and resources of the renters?
There are three distinct classes of houses in the tenement–houses; the cheapest is the attic home.
Three rooms is next and is usually for very poor people. The vast majority of respectable working
people live in four rooms. Each of these classes reflects the needs and resources of the renters in that
the attic home, for example, is generally one small room and is usually rented out by a lonely elderly
person with not much money. Three rooms generally consist of a kitchen and two dark bedrooms
and are usually rented out to very poor people who have a ... Show more content on Helpwriting.net
...
2. How do these laws reflect the perspectives provided in the two poems, "The New Colossus" and
"Unguarded Gates"?
The laws are in order to start protecting the "gates".
3. If you could write an Immigration Act for today, what would it be like?
If I could write an Immigration Act for today it would state that immigration would be allowed but
also monitored, in order to control the population from getting out of hand. Also, anyone caught in
this country illegally, without papers of any sort, would be sent back to their country of origin and
would also be banned from trying to re–enter the country, legally or not.
Character Representation
In the film that we watched in class, many of the characters portray or represent something in real
life. Starting off with the mice in the beginning of the movie or Fible's family. They represent a
major group of people who immigrated to this country during the time of immigration, the Jews.
The reason that they immigrate to America is because they are fleeing the cats, and supposedly there
are "no cats in America." The reason that they are fleeing from the cats is because the cats represent
oppression and the Russians. The pigeons represent the French and they are building the Statue of

Liberty, in the beginning of the movie. Fible's mouse friend, Tony, is Italian, and the other mouse
friend, she is Irish.

Judicial Review
Introduction
The controversy of judicial review which at extreme points, is called judicial activism, is a concept
new to India. Judicial review can be defined as the judiciary, in the exercise of its own
independence, checking and cross checking the working of the other organs of the government,
while trying to uphold the ideal of 'the rule of law'. Judicial activism more reformist in character is
often confused with judicial review. According to Black's Law Dictionary, judicial activism is "a
philosophy of judicial decision–making whereby judges allow their personal views about public
policy, among other factors, to guide their decisions, usually with the suggestion that adherents of
this philosophy tend to find constitutional ... Show more content on Helpwriting.net ...
The first sporadic effort to incorporate the power of judicial review was in Germany in 1848.
However, it took till 1920 when the first serious attempt was made in Australia to make judicial
review a reality. The European Union, in present times, also provides for judicial review in the
European Court of Justice. Many countries like Germany also have strong Supreme Courts which
reflect public opinion and can review laws.5 Most civilian law countries, however, do not have their
judiciaries interfering with the legislative process and believe in the separation of powers but not in
the checking of unlawful use of power. It is mainly in common law countries, where courts are
obligated to judge according to 'justice, equity and good conscience', where the courts took it upon
themselves to convert this maxim into reality.
Constitutionality India is a constitutional democracy which believes in the rule of law. The
Constitution of India is the basic framework which must be followed to prevent a collapse of law
and order. The judiciary is often called 'the guardian of the Constitution'. This gives the judiciary the
power to interpret the Constitution in order to hold up its basic ideals. This power of interpretation is
at the

Civil Liberties vs National Security
Name:
Supervisor:
Subject:
Date:
In U.S., the bill of rights protects civil liberties. People in the United States, hold civil rights, which
are those privileges, immunities and rights held by all Americans and political rights, which are the
rights that are restricted to those who are entitled to participate in elections, as candidates or voters.
The distinction is important since not all are eligible to vote though they all should enjoy their
freedoms. This may no longer be feasible as majority of the civil rights are taken to include the
political rghts in this age.
National security can be defined as a country's need to maintain its survival by use of military,
political and economic power for diplomacy. Civil liberty are freedoms ... Show more content on
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The F.B.I, has significant legal powers, excellent resources, and a jurisdiction that has overseas
coverage. They have in recent years penetrated and prosecuted many organized criminal gangs,
uncovered public corruption and successfully caught up with terror attacks. Still the same F.B.I has
curtailed the basic freedoms of association, speech e.t.c The bureau while protecting their national
security freedoms has infringed the human rights by disrupting and neutralizing peaceful protests. It
has more so focused its resources on neutralizing and curbing political activity other than investigate
criminal activities. The force, does not have accountability to the the public while incriminates on
the basis of association instead of relying hard facts and evidence to get hold of the real criminals.
The adoption of legislation such as the Anti–terrorism Act (1996), is a good indicator of past
injustices and the unrestricted investigations by the bureau based on political agendas. The Act's
deliberate criminalization of peaceful activity gave the F.B.I. leverage to involve itself in the
religious, ethnic and political grouping involving themselves in peaceful and humanitarian work.
Afterwards, it grew to encourage politically motivated investigations. The deportation and exclusion
of immigrants on the basis of guilt

Essay on Immigration To Canada
Immigration to Canada
The first immigrants to the territory now constituting Canada were from Western Europe. The first
great influx began early in the 19th century when large numbers of Europeans left their homelands
to escape the economic distress resulting from the transformation of industry by the factory system
and the concurrent shift from small–scale to large–scale farming. At the same time, wars, political
oppression, and religious persecution caused a great many Europeans to seek freedom and security
in Canada.
The century following 1820 may be divided into three great periods of immigration to Canada.
During the first period, from 1820 to 1860, most of the immigrants came from Great Britain,
Ireland, and western Germany. In ... Show more content on Helpwriting.net ...
Thereafter the number fell in response to new conditions in Europe and to the limitations established
by U.S. law. (which were to some extent unreasonably mimicked by Canadians eg:Chinese
exclusion act)
Legislation Regulating Immigration
The first measure restricting immigration enacted by Congress was a law in 1862 forbidding
American vessels to transport Chinese immigrants to Canada; 20 years later Congress passed the
Chinese Exclusion Act excluding Chinese immigrants. In 1875, 1882, and 1892, acts passed by
Congress provided for the examination of immigrants and for the exclusion from Canada of
convicts, polygamists, prostitutes, persons suffering from loathsome or contagious diseases, and
persons liable to become public charges. The Alien Contract Labor Laws of 1885, 1887, 1888, and
1891 prohibited the immigration to Canada of persons entering the country to work under contracts
made before their arrival; professional actors, artists, singers, lecturers, educators, ministers, and
personal and domestic servants were exempt from this provision. Alien skilled laborers, under these
laws, were permitted to enter Canada to work in new industries. A diplomatic agreement made in
1907 by Canada and Japan provided that the Japanese government would not issue passports to
Japanese laborers intending to enter Canada; under the terms of this agreement, Canada government
refrained until 1924 from enacting laws excluding Japanese immigrants.
In 1917

Three Currents Affairs Affecting Public Services
CURRENTS AFFAIRS
|Course Tutor – Ali Calthorpe |Year – 2012/2013 |
|Unit – Unit 3 Citizenship and Diversity |Tutor – Ali Calthorpe |
|Assignment Title – The media, current affairs and support within the public services |
|Handout date – w/c 20/05/2013 |Submission date – w/c 03/06/2013 |
|Outcomes Covered |
|Outcome ... Show more content on Helpwriting.net ...
You must illustrate that you can |
|report on current affairs and their impact upon your police service in a balanced approach. You will
be required to attend an |
|assessment centre and complete various tasks in order to successfully be appointed in the role. |
| |
|Task One: (P7) (P8) |
|Your first task is to write a special news article where you must report on three examples of current
affairs that affect |
|public services and citizens (P7). In the final part of your article you should present information on
how the media reports |
|current affairs involving public services (P8).You should include in your article how the media have
reported these different |
|current affairs and the public services' response.Consider if the media coverage differs in different
newspapers or television|
|channels. For example, if some reports are favourable to the services and others not. |

Phase 2 Individual Project for Legal and Ethical Business...
Phase 2 Individual Project
Arin Sanders
Colorado Technical University
Participating in international business can be very risky and lucrative all at the same time. It is
important to know the key factors and controllers when doing business on foreign territory. There
are many things to consider when you look at day to day operations and cultural differences, but
more so what you do in the event of a national state of emergency. There are always political issues,
and individual problems that each country deals with within their own country. What do you do
when you are faced with a state of emergency, do you continue to stand your ground, leave and only
choose to reappear when things have settled, or simply stop operations all together. ... Show more
There is however some things that out of courtesy and respect most countries try to adhere to within
reason. "The principle of Comity states that a nation will defer and give effect to the laws and
judicial decrees of another nation as long as those laws and decrees are consistent with the law and
public policies of the accommodating nation." Then you have The Act of State Doctrine and The
Doctrine of Sovereign Immunity, which simply says, "that they tend to immunize foreign nations
from the jurisdiction of U.S. courts so that in general, U.S. firms or individuals who own property
overseas have little U.S. legal protection against government actions in the countries in which they
operate. The Act of state of Doctrine doesn't examine the validity of public acts committed by
foreign government within its own territory. The Doctrine of Sovereign Immunity makes states
waive their immunity." So as you see there is no real guarantee or protection that is guaranteed, it is
all on the word of their government. (USLegal, 2010)
It is my professional and personal opinion that I would question continuing business in the country
of Egypt. In case you weren't aware of how bad it has gotten for the citizens who inhabit this place
let me paint a picture. The government has been in a state of powerlessness against the vigilantes
who are rowdy and angry citizens who are carrying blades, and weapons from guns to baseball bats,
and pipes. The women are being raped and after only a

Estrada vs Sandiganbayan
SECRECY OF BANK DEPOSITS LAW PEOPLE OF THE PHILIPPINES vs. JOSEPH ESTRADA
AND SANDIGANBAYAN I. Problem Whether the Sandiganbayan erred in holding that the use of
alias by respondent Estrada was not public, was allowable under banking rules, and was an
exception to illegal use of alias punishable under CA 142; in limiting the coverage of the amended
Information in Criminal Case 26565; and in departing from its earlier final finding on the non–
applicability of Ursua v. Court of Appeals II. Objectives 1) To determine if the use of Estrada's alias
violates CA No. 142.and violates the Bank Secrecy Law or RA 1405. 2) To be able to identify the
legal effects and remedies in using of aliases. 3) To be ... Show more content on Helpwriting.net ...
November 17, 2003– the Sandiganbayan denied the Consolidated Comment/Opposition motions.
After the People rested in all three cases, the defense moved to be allowed to file a demurrer to
evidence in these cases. On March 10, 2004 – in a joint resolution of Sandiganbayan they granted
the defense leave to file demurrers in Crim. Case Nos. 26565 (illegal use of alias) and 26905
(perjury). Demurrers to Evidence for Crim. Case Nos. 26565 and 26905 – was filed separately by
Estrada. Estrada's demurrer to evidence for Crim. Case No. 26565 (illegal use of alias) was anchored
on the following grounds: 1. Of the thirty–five (35) witnesses presented by the prosecution, only
two (2) witnesses, Ms. Clarissa Ocampo and Atty. Manuel Curato, testified that on one occasion (4
February 2000), they saw movant use the name "Jose Velarde"; 2. The use of numbered accounts
and the like was legal and was prohibited only in late 2001 as can be gleaned from Bangko Sentral
Circular No. 302, series of 2001, dated 11 October 2001; 3. There is no proof of public and habitual
use of alias as the documents offered by the prosecution are banking documents which, by their
nature, are confidential and cannot be revealed without following proper procedures; and 4. The use
of alias is absorbed in plunder. The People opposed the demurrers of Estrada through a Consolidated

What Citizenship Means to Me Essay
August Jason Babasa
Fey Engl 1301
Feb. 01 2013
What Citizenship Means To Me
So what does citizenship means to me? Is it just a piece of paper that says you are a citizen of a
country or does it mean something more in a deeper level. When I was just a little boy my mother
always talks about that when we move to the United States we should apply for citizenship
immediately. As I was growing up here in the United States I slowly understand what citizenship
means to me. Being a citizen for me is fulfilling my obligations toward my country, Living a
lifestyle that benefits myself and my community and having good sense of patriotism.
Fulfilling my obligations toward my country is what citizenship means to me. Obligations ... Show
more content on Helpwriting.net ...
Showing respect for our surroundings is another way of being a good citizen. Cleaning our
surroundings and not littering around the area is one way to show our respect for our surroundings.
If we see garbage lying around the area we should immediately pick it up and throw in the proper
waste container because it shows how we like the place that we live in to be clean. Being respectful
towards our government also shows what good citizenship is. Not talking bad about our government
and supporting our government on their decisions is one way to show that we are living a in a good
community that respects our countries government. In closing living a lifestyle that benefits me and
my community is what citizenship means to me.
Showing a good sense of patriotism is what citizenship means to me. We can show our patriotism by
showing our support in our military. Standing by what they are fighting for because our military
have sacrificed many lives in defending our country. Showing them that we care about their well–
being is one way of being a good citizen. We can also show a good sense of patriotism by showing
respect on our countries flag. Standing up and saluting the flag during general assembly or singing
our national anthem shows our deepest respect on our nation's colors and those who have died
defending them. Finally coming together as one for the greater good of everyone also shows a good

Essay on Courtroom Procedures and the Role of the Prosecution
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These
are in place to allow a trial to proceed more efficiently and fairly for both the defense and
prosecution. According to one author, "Police, prosecutors, and criminal court Judges see too much
crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to
carefully apply those rules, and other Judges to review those decisions (law–article.net)." Courtroom
procedures are important because, without them, defendants and prosecution alike could be treated
unfairly. These procedures give a standard format for trials that must be followed to ensure that all
parties have an equal opportunity to present their ... Show more content on Helpwriting.net ...
Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre–trial
proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could
only result in minor jail time or a fine, the pre–trial procedures are short and simple. Usually, the
defendant is called to a pre–trial hearing where they are read the charges pressed against them and
are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a
trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony
case that could lead to a serious incarceration sentence, the procedure becomes more complex.
There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This
is done at the second preliminary hearing to determine if there is actually enough evidence to charge
the defendant with a crime. If there isn't enough, the charges are dropped, but if there is, the case
moves along in the process (American Bar Association). Also prior to the trial, a jury of 6 to 12
people must be selected. Each jury member must go through a screening process to ensure that they
have no connection to the trial, or any preconceived opinion of it that could keep them from being
impartial to either side. A juror can be removed if they have any connection to the trial, and the
defense

The Fitt's and Posner's Phases of Learning Essay
The Fitt's and Posner's Phases of Learning
In 1967 Paul Fitts (Fitts) and Michael Posner (Posner) developed the Classic Stages of learning
model. They detailed the kinds of changes and phases that learners go through when acquiring skill.
The three stages of learning of the Fitts and Posner model are best understood as reflecting a
continuum of practice time. The cognitive stage represents the first portion of the continuum. This is
followed by the associative stage and then the autonomous stage. The transition from one stage to
the next is not abrupt; on the contrary, it is gradual and the transition is difficult to detect as the
learner may at any point in time be at a particular stage or in ... Show more content on
Helpwriting.net ...
It is difficult for the beginner to perform the skill successfully in a game situation but they can spend
time watching other players use the skill in the appropriate circumstance. For example if the activity
was a hockey push pass, the person could watch teams play on television, watch club matches and
see the skill performed at elite level. This way the skill is able to be put in to context and the purpose
explained. The beginner can start to appreciate the routine and movements of the skill.
Verbalising the skill is important for the beginner. A good example of verbalising required actions is
in dance. For example 'side, together, side, hop, side, split'. In sport this may be more focused on
limbs involved as the beginner pays all their attention to the details of the action rather than
watching what is happening around them. Therefore it is extremely important that practices set at
this stage are very simple. The beginner must receive lots of time and space to perform the skill so
that they have a chance to concentrate on achieving it. If we take a hockey 'push' pass as an
example, and simple passing between two will allow the beginner to concentrate on the technique of
actually passing the ball. The players know where each other are, they have no time pressure, lots of
space and no opposition. As the performer becomes a little more comfortable, very limited
opposition

Hong Kong Essay
Hong Kong
The region of Hong Kong, which had long been a haven for coastal pirates was occupied by the
British during the Opium War (1839–42). The colony prospered as an east–west trading center, the
commercial gateway to, and distribution center for, South China. It was efficiently governed, and its
banking, insurance, and shipping services quickly became known as the most reliable in Southeast
Asia. In 1921 the British agreed to limit the fortifications of the colony, and this contributed to its
easy conquest by the Japanese. It was reoccupied by the British on Sept. 16, 1945.
After 1949, when the Communists took control of mainland China, hundreds of thousands of
refugees crossed the ... Show more content on Helpwriting.net ...
The crackdown in 1989 at Tiananmen Square in Beijing inspired fears that China would not respect
Hong Kong's autonomy, and in the next few years many business people left, affecting Hong Kong's
economy. In 1991, Hong Kong's first direct legislative elections were won almost entirely by liberal,
pro–democracy candidates, and no pro–China candidates were elected.
In 1992, Britain introduced a number of democratic measures, which were denounced by China.
Talks between the two countries proved pointless, and in 1994 Hong Kong's legislature approved
further democratic reforms in the colony still going against Chinese ideology. In the 1995 elections
prodemocracy candidates received about 60% of the popular vote. Upon Hong's return to China,
Beijing abolished the legislature set up by the British and established a provisional legislature; a
chief executive, Tung Chee–hwa, was also appointed. Elections were held in 1998, with
prodemocracy parties taking 16 of the 20 directly elected seats. Hong Kong was affected by the
Asian financial crisis of 1997–98, but its economy began to rebound in 1999. In the Sept. 2000
legislative council elections, prodemocracy parties won 15 of the 24 directly elected seats.
Hong Kong Demography: People, Languages and Culture
Situated at the

Abortion is Not Murder Essay
Abortion is Not Murder
Is abortion murder? Murder is defined as "illegal killing with malice aforethought." Abortion fails
this definition for two reasons. First, abortion is not illegal, and second, there is no evidence to
suggest that expecting mothers feel malice towards their own flesh and blood.
Not all killing is murder, of course. Murder is actually a small subset of all killing, which includes
accidental homicide, killing in self–defense, suicide, euthanasia, etc. When pro–life activists call
abortion "murder," they are suggesting that abortion fits the definition of murder, namely, "illegal
killing with malice aforethought." However, abortion fails this definition for two reasons. First,
abortion is not illegal, and ... Show more content on Helpwriting.net ...
Let's assume, for argument's sake, that the Bible is indeed the law of God. Unfortunately, this
doesn't help the pro–life movement, because there is no Biblical law against abortion. (Abortion is
as old as childbirth.) The Hebrew word for "kill" in the commandment "Thou shalt not kill" is
rasach, which is more accurately interpreted as "murder," or illegal killing judged harmful by the
community. It is itself a relative, legalistic term!
Many forms of killing were considered legal in ancient Israel, and levitical law listed many of the
exceptions. Generally, levitical law permitted killing in times of war, the commission of justice and
in self–defense. Sometimes, God even gave Israel permission to kill infant children. In I Samuel
15:3, God ordered Saul to massacre the Amalekites: "Do not spare them; put to death men and
women, children and infants..."
Unfortunately, the levitical law we find in the Bible today is incomplete, and comes to us in large
gaps. That is because the ancient Jews passed down their laws orally, and only wrote down the more
complicated laws to jog their memory. As a result, levitical law is filled with tremendous omissions;
for example, we know little of their laws on libel, business, lending, alimony, lease, rental
agreements and civil rights. But perhaps the most unfortunate gap in ancient Jewish law is abortion.
If a law did exist on abortion, then we simply do not know what it was. Fortunately, we have an

Constitutional Law
Constitutional law
The Mauritian Parliament has inherited much from the Westminster Model.
The Westminster Model is characterised by: * Parliamentary Sovereignty * Separation of Powers
between the organs of the State.
A. Parliamentary Sovereignty
In any state you will find one ultimate source of legal authority. In countries with a written
constitution, it will be the constitution which has ultimate authority as in Mauritius. In the United
Kingdom, with its uncodified constitution, ultimate law–making power lies with Parliament, the
House of Commons, House of Lords and the Crown. As A.V. Dicey expressed it, parliamentary
sovereignty or supremacy, is the cornerstone of the constitution.
A.V. Dicey's analysis of sovereignty
In ... Show more content on Helpwriting.net ...
In essence, Montesquieu states that the three organs of government – the executive, legislature and
judiciary – should each have a discrete and defined area of power and that there should be a clear
demarcation of functions between them: this is true 'separation of powers'.
Under a written constitution, like Mauritius, the powers allocated to various institutions are clearly
defined. It should be noted that even under a written constitution a complete separation of powers is
not possible, and that without some degree of interaction between the institutions there would be
constitutional deadlock.
In Mauritius there is no strict separation of power between the executive and the legislative organs
of the State. Ministers are at the same time members of the executive and members of the
legislature.
Structure of Parliament
In England, it is characterized by its bicameralism – ie two houses of Parliament.
In Mauritius, there is a single chamber.
The Mauritian Parliament comprises of 70 Members
Section 31. Parliament of Mauritius
(2) The Assembly shall consist of persons elected in accordance with the First
Schedule, which makes provision for the election of 70 members
Functions of Parliament

The main functions of Parliament include the passing of legislation and the scrutiny of the
administration through debate,

Essay about Citizenship, a Right and a Responsibility .
When I think of America I think of freedom and citizenship. The right to vote or the right of free
speech are aspects that, as citizens, we posses. Being born in America automatically gives you these
rights and many more, and most importantly, you become a citizen. Now, with citizenship comes
responsibility such as obeying the law and paying taxes. So if you follow these simple rules does
this make you an effective citizen? This question, in my opinion, is almost impossible to answer for
a number of reasons, which will be addressed in the following paper. It was extremely hard to come
up with a clear cut answer as to what an effective citizen entails. I grappled with this term through
many drafts and in the end came up with many ... Show more content on Helpwriting.net ...
The money also goes to pay for police and fire protection which we depend upon every day, these
people are a necessity to our daily lives. Citizens must also abide by certain laws, which in the mind
of some citizens, is a sacrifice. My answer to them is that we are not in a state of nature and this is a
price you have to pay for living in a society. In their mind, if they were in a state of nature then they
would not have to abide by such laws. As John Locke pointed out, we all are here for the
preservation of mankind. We make these sacrifices for protection and, in the end, not only benefit
the individual but also benefit the community, society, or nation. (Locke, pgs. 170–171, 180–186).
So each citizen, in order to (in Abraham Lincoln's word's) form a more perfect union, must make
certain sacrifices which in the end, not only helps you but helps others, this is one of our
responsibilities as citizens. Finally, in regards to this paragraph, someone who DOES fulfill his or
her responsibilities, are good citizens, but that is not the whole definition of a good citizen, it is
simply one part of a bigger picture.
The question can now be raised, if one follows and fulfills these responsibilities does that really
make them a good citizen? If a person follows the laws and pays his or her taxes, does that make
them a good or effective citizen? In my opinion, it all depends upon the person defining the term
effective citizenship. Each person has different beliefs and

The Malaysian Constitution
In a democractic parliament, rules were set and governed regardless of any country in the world.
Malaysia itself is also governed by a a set of rules. The rules assigned to a country is called the
constituition. Also called the bill of rights, the constituition of rights is a body of basic principles a
state is to be governed with. The Malayan Union first drafted the constitution in 1946 but it was
opposed by the indigenous Malay community so it was cancelled. The current Malaysian
Constitution was drafted instead on the basis of a report from the Reid Commission before the
independence of the nation. The Reid Commission was formed because of the urge of the then
Malaya to claim independence and was lead by Lord Reid with many experts ... Show more content
on Helpwriting.net ...
In the State Constitution, matters like Islamic law, agricultural land and forestry, local government
and services, state public works and water, state government machinery, state public holidays, state
laws, aquatic life, libraries, museums, monuments, ancient records and history are taken into
account. However for Sabah and Sarawak there are additional matters such as laws and customs of
indigenous communities, boards or institutions of the authorities, ports and harbors, land surveys
and the Sabah Railway. In the Common List social welfare, scholarship, protection of wild animals,
national parks, livestock breeding, town and village planning, tradesmen and hawkers, public health,
drainage and irrigation, safety measures, culture and sports, housing, water supply and electricity.
Among the provisions in the Malaysian Constitution the important matters are like the national
language, national religion, citizenship, the fundamental liberties and the Special Provision Article
153. In Article 152, it was decided that the national language would be the Malay Language. and
nobody is prohibited or hindered from using, teaching or learning another language. And also the
government has the right to maintain the use and learning of the language of any other community
in the Federation. With the majority of the

The Discretionary Powers of the Criminal Justice System of...
T he discretionary powers of the Criminal Justice system of the United States
By Jonell Fergsuon
"In the Criminal justice system the police, the prosecutors and corrections are afforded discretion
with regard to enforcing and interpreting the law." Here I will discuss both pros and cons with
regards to the fair administration of justice in the United States.
The Police
The police are afforded a wide range of discretional powers, covering things from deciding whether
or to arrest someone to determining disciplinary actions in the workplace. With regards to deciding
to arrest someone, I can see many reasons why this discretion is necessary. For example the police
come across two young girls in a park smoking marijuana.
Now the law ... Show more content on Helpwriting.net ...
However, when responding to scenarios of underage drinking and assault, it was
New South Wales police who were more likely to divert young offenders. There were very few
significant relationships between attitudes and behavior when examining either group, with
significant results possibly being a side effect of large sample sizes. Further there were few
significant relationships when considering demographic or situational variables.
However, in an exploration of police personality, through cluster analysis, evidence was found for
different 'typologies', or resonances, of police. The results indicate that police are not an
homogenous group. In addition, quite complex relationships between measures of police behavior
and individual difference were found within the resonances, with effect sizes showing moderate
results. The findings support the need to investigate further personality typologies and extend them
to the examination of attitude–behavior relationships. In addition, research into the use of an
attitudinal measure, such as discretionary ideology, as an alternative to measuring behavior could be
expanded.
Moreover, broadening of the research into additional areas of the juvenile justice systems, such as
legal representatives, magistrates, and youth detention centre officers, would provide further insight
into the

International and Commercial Risks
International Commercial Risks April 1, 2013 International Commercial Risks – Business is
continually growing on a global level leading to international business partnerships, agreements, and
trades. During these types of business relationships disputes are common (University of Phoenix,
n.d.). If a dispute occurs one party may chooses to take legal action against the other party. Making
the decision to take legal action businesses must make considerations prior to proceeding. Making
the right decisions can build a strong relationship between parties. Considerations to take include
contracts, local law, and local customs and culture. Steps may be taken to minimize risks in
international business agreements as well. The first ... Show more content on Helpwriting.net ...
The decision reached through binding arbitration cannot be appealed unless according to Repa
(2013), a "fraud or misuse of power has taken place" (Binding Versus Nonbinding Arbitration).
Nonbinding arbitration allows an appeal to be filed by one or both parties. A trial may be requested
in this case. In addition to contract considerations one should be aware of local culture and local
laws involved. In the case of the CadMex simulation, provided by the University of Phoenix, culture
was brought to attention in considering legal matters based on male employees who refused to shave
their facial hair based on a religious practice for the time frame of one week. The company policy
clearly stated that employees' facial hair is to be clean shaven. CadMex suspended the employees
based on breach of contract for company policy. The employees filed a lawsuit. CadMex should
consider the local culture in this scenario. In considering the local culture CadMex can consider
making accommodations to the employees in order to build a better business relationship within the
country of Candorea so long as the accommodations are not too burdensome. CadMex's best option
to satisfy all parties involved is to revoke the suspension. Providing accommodations does not have
to be overly burdensome to CadMex. One accommodation is to provide hairnets to the selected
employees during the time the employees are observing the religious belief

Opposing The Legalization of Marijuana Essay
"If marijuana was legal, back–yard marijuana gardens would be in every neighborhood, thus kids
would be able to get it as easy as taking fruit off a neighbor's tree" (Johnathan Greens). According to
the National Survey on Drug Use and Health, 62.2 percent of the 14.2 billion people who used
marijuana for the first time in one day were under the age of 18 years back in 2003. This increases
by nearly 1.3 percent every year. This has become a problem due to Tetrahydrocannabinol (THC)
being the active ingredient in marijuana that can become dangerous if one should take advantage of
its' use by either smoking it or abusing it in its capsule/tablet form (Barr). Marijuana has been
legalized for medical purposes for over 10 states in the United ... Show more content on
Helpwriting.net ...
With todays technology, alcohol Breathalyzer tests are given within seconds of pulling someone
over and the results are almost immediate. As for a marijuana text that would have to be developed,
the results will not be as immediate because drug tests for marijuana that are given today take up to
weeks to receive back in order for the suspect to be positive or negative. These procedures that the
government would like to take control of would be nearly impossible.
If marijuana were to be legalized, there would be no way to control its developed public smoking
habits because anyone who is around marijuana smoke has a great chance of having a "contact
buzz" whether you want one or not. The public indecency of getting a "contact buzz" from others
smoke would lead to many unnecessary lawsuits. Many of us do not want to have to worry about
getting high when walking into a store. Parents and legal guardians of children that are not old
enough to make decisions themselves will be pressured even more than they are in school today
because their parents may be smoking around them in and outside of their homes.
A way that America is currently trying consider making it legal is for medicinal purposes only.
States such as Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New
Mexico, Oregon, Rhode Island, Vermont, and Washington allow medical cannabis legal. The active
ingredients that are legit and

Administrative Discretion Essay
Administrative Discretion
Melissa T. Massey
Public Administration
13 December 2011
Administrative Discretion
Administrative discretion is a discretionary action is informal and, therefore, unprotected by the
safeguards inherent in formal procedure. A public official, for example, has administrative discretion
when he or she has the freedom to make a choice among potential courses of action. Abuse of
Discretion is the failure to exercise reasonable judgment or discretion. It might provide a Cause of
Action for an unconstitutional invasion of rights protected by the "due process clause" of the
Constitution (West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group,
Inc). So do I think that public administrators ... Show more content on Helpwriting.net ...
This is where administrative discretion can go wrong because it can be bias for personal reasons,
sexual reasons, anything. My question would be what it the faculty members were having their own
personal issues and they could not separate work from home and the allowed there personal issues
control the decisions of the students punishments that could probably effect the rest of their lives.
Another factor of a disadvantage is the sex–linked method the female faculty member may have
been an emotional to her decision with the students if they were crying or had a compelling story of
how they would act out oppose to the male faculty member who was demanding as far as being a
disciplinarian. Then we also have to take into consideration age and race could have played a factor
for the faculty in this case. The female had to deal with she was younger so she may have related to
the students as well as being African–American which did honestly play a part back in that time
even current statics dated in 2010 showed that African–Americans were only 9% of the teacher
population within the whole nation..
In conclusion, administrative discretion has its good points and bad. I do not think that all
government power should have the discretion. As the people of the United States, we should take a
moral and value poll towards the administrators within our government, or like a genuine lie
detector

Habermas’ Between Facts and Norms: Legitimizing Power? Essay
Habermas' Between Facts and Norms: Legitimizing Power?
ABSTRACT: To overcome the gap between norms and facts, Habermas appeals to the medium of
law which gives legitimacy to the political order and provides it with its binding force. Legitimate
law–making itself is generated through a procedure of public opinion and will–formation that
produces communicative power. Communicative power, in turn, influences the process of social
institutionalization. I will argue that the revised notion of power as a positive influence that is
produced in communicative space runs contrary to Habermas' original concept of power in his
theory of communicative action where power is understood as a coercive force that has to be
avoided in order for the ... Show more content on Helpwriting.net ...
As such, I believe that the introduction of communicative power and its close tie to "legitimate law"
and political system greatly reduces our critical ability in respect to political systems as exercised in
liberal–democratic states. In addition, I will argue that this revision alludes to a redrawing of the
boundaries between the life–world and the system in favour of the latter, and consequently indicates
a shift to the right in Habermas' latest work.
The treatment of the role and meaning of the concept of "power" within the theory of Jurgen
Habermas, as it was elaborated in the two volumes of The Theory of Communicative action and
later in Moral Consciousness and Communicative Action,(1) has undergone some significant
changes in his latest work: Between Facts and Norms.(2) In this new book he introduces the term
Communicative power which has to be seen in the context of his ambitious project of theorizing
deliberative democracy, or, in his words "government by law". (BFN, p.132) According to the
advocates of deliberative democracy, citizens' participation in the democratic process has a rational
character. Deliberative democracy explains the process of opinion and will–formation as a public
discursive activity where citizens are engaged in argumentation that is aimed at promoting the more
generalizable interests by the force of a better argument. View in this light,

International Business Transactions Outline Essay
IBT OUTLINE–Karamanian, Spring 2008 I. Modern Forms and Patterns of IBT a. Types of IBTs,
categorized by penetration: i. export–import transaction ii. agent or distributor sells goods abroad iii.
licensing to a foreign entity to manufacture and distribute products abroad iv. Joint ventures b.
Forms of Trade i. Goods ii. Services iii. FDI iv. Knowledge/Technology Transfer c. MNE i.
DEFINITION: a number of affiliated businesses which function simultaneously in different
countries, are joined together by ties of common ownership of control, and are responsible to a
common ... Show more content on Helpwriting.net ...
minimum coverage = K cost plus 10% (110% coverage) 4. Must have a negotiable B/L a. in CIF, the
goods are delivered past the ship's rail, but S does not possess them until the port of destination. This
is distinct from the FOB where delivery and possession occur at same time. 5. Buyer has a right to
inspect before shipment (unlike FOB) 6. only for waterway transport iv. Biddell Brothers v. E.
Clemens Horst Company (Ct. Ap. King's Bench, 1911) 1. Kennedy, Dissent(even though the K does
not require payment against documents, it is necessarily implied by the term CIF, because otherwise
the S would give up the goods, while B would still be able to reject them at the port of delivery, or
would have to hold the B/L until goods were accepted, in violation of the K. This view was taken
upon appeal to H of Lords. 2. Reference Parker v. Schuller (1901) in which Seller sues Buyer under
a CIF K for not shipping the goods. The sellers lost on appeal b/c they should have argued that the
breach occurred when B failed to ship the documents, b/c the documents could not have been
shipped without shipping the goods. 3. SIG: a. CIF(duty to deliver documents to S, goods to carrier.
b. Buyer has no right to inspect at port of

Personal Privacy or National Security
Personal Privacy or National Security
William Shelton
ENG122: English Composition
Prof. Lisa Clark
August 7, 2012
Defining National Security VS Personal Privacy is a matter of looking at the basic nature of each.
From research collected there is a consensus that we need balance. Too much of one hurts the other
and vise versa. There are a couple of articles that range from Civil Liberties to the birth of public
right to know that support the overall claim. Talks about the effects of censorship in different
situations like war and peace will help prove that a balance needs to be forged. The problem here
isn't the definition of personal vs national security, but the survival of each in light of each other.
There is history in our nation ... Show more content on Helpwriting.net ...
This kind of action is completely unnecessary and undermines our Fourth Amendment. National
security is the ability to protect our borders through homeland security while upholding the rights of
nation. Privacy when openly tampered with is distorted. Nobody acts the same knowingly being
watched. Information finds another way. There have been studies on lesser issues like workers.
There is more productivity when people think they are being watched. The same when our liberties
are at stake. What are people to do when it's done for the wrong reasons? Like when an African
American see's a sign that separates white and color bathrooms. Another would be when the Jews
were forced to where a star then live separately in their own projects. The US jokes about our nation
being like fraternity. Every new group gets picked on. The Jew's for being good with money. The
Mexicans for being illegal's and now it's the Arab's turn. But Arab's are all terrorist somehow. We
have seen terror before from the Unabomber, the KKK, and columbine shooting. How do we keep
up with inflation? The government finds one way to gather information and terrorist adapt. When
civil liberties get trampled in the process more anti–American groups rise to the occasion creating
more danger inside America and out. A different example can be Adolf Hitler as a ruthless dictator
and his main success as a dictator was propaganda. It

stress and law enforcement Essay
Management and Dealing with Stress in Officers
It is important that law enforcement officers are able to handle stress and build his or her zone of
stability. Officers have a ready–made support system in each other. They better understand the
special problems and feelings that come with the job that friends and family members don't. That
doesn't necessarily mean that this relationship with their fellow officers will cure all. Sometimes,
because of the "macho" image that police officers uphold, they will give back negative feedback in a
situation where an officer needs comfort. For example, an officer shoots someone in the line of duty
and is having an emotional struggle with it, and a fellow officer (who ... Show more content on
Helpwriting.net ...
Even if the officer has a good mental preparation and a solid zone of stability, other factors such as
the degree of the threat to the officer's life (including wounds), amount of warning before the
shooting, how long the danger persists, the security of the officer in his/her judgment to shoot, who
the deceased person is, the administrative support he/she receives, and how the media treats the
situation, all effect how mild, moderate, or severe the reaction will be. The long–term effects vary
from person to person. Some may suffer from flashbacks, sleep disturbances, nightmares,
depression, fearfulness, emotional withdrawal from family and fellow officers, appetite changes and
hostility towards the law enforcement system (Solomon 1990).
In order to ensure that the officer's emotional reaction to a shooting incident remains at a minimum,
the department should have a system setup for this. The officers must be reminded of what reactions
they can expect when they are hired regarding their involvement in a shooting. There should never
be any suggestion or accusation of wrongdoing during the debriefing interview. The officer should
be debriefed on how the investigation procedure will operate so that the department can get all the
facts regarding the incident. Court preceding and dispositions should be

Cypcore 34-1.1 Describe the Factors to Take Into Account...
CYPCore 34–1.1 Describe the factors to take into account when planning healthy and safe indoor
and outdoor environments and services. Environment has immediate effect on the quality of the
children's learning and development therefore it should be comfortable, interesting, attractive and
appropriate for child or children who use it. There are a number of important factors to be
considered while planning for safe indoor and outdoor environment but the most important 'Every
Child Matters' i.e. everyone is an individual and may have particular needs. These different needs
depend on their age and abilities. A suitable environment for a baby will be different from suitable
environment for a three or four year old although some features will ... Show more content on
Helpwriting.net ...
Information on health and safety should always be given to them as sometimes they cannot read or
attend other meetings. For those where English is not there first language, information should be
written in their home language. All the activities should be held in appropriate environment i.e. the
environment should be right for the activity. Whether indoor or outdoor, there should be enough
space to carry out the activity. An example of appropriate planning would be in the instance of a
climbing frame or balance beam. When setting up this activity factors such as is the equipment near
any obstruction, is the equipment appropriate for age and needs. There should always be enough
room for children to move freely around the learning environment and they should be able to access
resources safely without risk to themselves or others. The duty of care (obligations and
responsibilities that people in authority have for those in their charge) of a setting to children,
parents and carer is a legal obligation. It is always very important to maintain adult child ratio all the
time. Vigilance and attention keeps children safe. The carers should make sure that all the doors and
gates are locked properly, all the toys are put

Injustice Anywhere
Injustice Anywhere is a Threat to Justice Everywhere
Sabeen Ijaz Ahmed
B.B.I.T. (Hons) 4th Year, GIFT University
This article won the first prize (Rs. 25,000 cash) in the 2nd Annual All Pakistan Essay Writing
Competition held by Quaid–e–Azam Law College.
"Injustice anywhere is a threat to justice everywhere." These powerful words were penned in a letter
from a prison cell of Birmingham Jail in 1963, by one of America's best known advocate of equal
rights – Dr. Martin Luther King, Jr. According to him, all humans are caught in an inescapable
network of mutuality, tied in single garment of destiny. Whatever affects one directly, affects all
indirectly. Hence injustice with one individual of a society can affect the life of other ... Show more
Each of the different spheres expresses the principles of justice and fairness in its own way, resulting
in different types and concepts of justice; distributive, procedural, retributive, and restorative. These
types of justice have important implications for socio–economic, political, civil, and criminal justice
at both the national and international level.
Distributive justice, or economic justice, is concerned with giving all members of society a "fair
share" of the benefits and resources available. Fair allocation of resources, or distributive justice, is
crucial to the stability of a society and the well–being of its members. When issues of distributive
justice are inadequately addressed and the item to be distributed is highly valued, intractable
conflicts frequently result.
Procedural justice is concerned with making and implementing decisions according to fair processes
that ensure "fair treatment." Rules must be impartially followed and consistently applied in order to
generate an unbiased decision. If people believe procedures to be fair, they will be more likely to
accept outcomes, even ones that they do not like. Implementing fair procedures is central to many
dispute resolution procedures, including negotiation, mediation, arbitration, and adjudication.
Retributive justice appeals to the notion of "just dessert" – the idea that . people deserve to be treated
in the same way they treat others. It is a retroactive approach that justifies

Case Study: Hollis V Vabu Essay examples
CLAW1001: Commercial Transactions A Case Analysis Hollis v Vabu Pty Ltd [2001] HCA 44
Submitted by: Sindhuja Shankar SID: 305 127 950 3/10/2007 Table of Contents Introduction 3 Case
Summary 3 Facts 3 Issues 3 Ratio 3 Decision 4 Critical Analysis 4 Commercial Implications 5 Legal
Implications 6 Conclusion 6 Bibliography 7 Appendix † Research Plan 8 Introduction The case
Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously liable for
the negligence of their employees during the course of their employment. In comparison to cases
such as Humberstone v Northern Timber Mills[2] and Stevens v Brodribb Sawmilling Co Pty
Ltd[3], which appear to contribute to the ... Show more content on Helpwriting.net ...
The High Court also found that the contract between Vabu and its bicycle couriers contained a
number of statements such as "ANY DRIVER WHO DOES SO WILL NO LONGER WORK FOR
THIS FIRM" which suggested that the relationship that existed was one of employment. Although
US v Silk[7] found that the individual parties concerned cannot themselves determine the nature of
their relationship by contractual expression, the High Court's decision is supported in considering
the level of 'control' Vabu exercised over his couriers. Mason J in Stevens v Brodribb Sawmilling Co
Pty Ltd states that control is the "right to control the activities of the employee" under contract. The
High Court was correct in finding Vabu was significantly in 'control' of his couriers as the couriers
has little or no say in the work/deliveries allocated to them and their pay structure. The High Court
also found that Vabu's requirement of his couriers to wear uniforms bearing Vabu's logo has been
used to guide the classification of a person as an employee. This statement can be contested by
Dixon J's judgment in Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co–
operative Assurance Co of Australia Ltd[8] in which it was stated that classifying "B as a
representative of A does not reveal...what was the relationship between the parties". However,
analysing the circumstances of the Hollis v Vabu

A Brief Introduction on Judicial Review in the United...
A Brief Introduction on Judicial Review in the United States
Part I: A Brief Introduction on Judicial Review
Judicial review is the doctrine in democratic theory under which legislative and executive actions
are subject to review, and possible invalidation, by the judiciary. Specific courts with judicial review
power must annul the acts of the state when it finds them incompatible with a higher authority, such
as the terms of a written constitution. Judicial review is an example of the functioning of separation
of powers in a modern governmental system (where the judiciary is one of three branches of
government). This principle is interpreted differently in different jurisdictions, which also have
differing views on the different ... Show more content on Helpwriting.net ...
Raub(1825).Other debates and controversies followed. But Marbury v. Madison has been ratified by
time and practice and has become a cornerstone of the larger constitutional system
Marbury, of course, stands only for the proposition that judges can declare acts of Congress invalid.
In subsequent cases Marshall asserted that judges could also declare invalid executive orders or
actions (Little v. Barreme, 1804 ) and upheld the Judiciary Act of 1789, under which Congress gave
the Supreme Cour power to review and reserve decisions upholding the constitutionality of state
statutes (Martin v. Hunter's Lessee, 1816;Cohens v. Virginia, 1821). Taken collectively, these cases
provide federal judges with impressive tools for monitoring governmental actions, tools that they
have not always been hesitant to use. Through the end of the 1990s, the Supreme Court has
invalidated nearly 140 federal statutes and some 1,200 local laws . State courts too, with their own
power to strike down acts passed within their jurisdiction, are active monitors of their governments.
One scholar estimates that state justices invalidate nearly 25 percent of all laws challenged in their
court rooms.
Through judicial review, state courts determine whether or not state executive acts or state statutes
are valid. They base such rulings on the principle that a state law that violates the U.S. constitution
is invalid. They also decide the constitutionality of state laws under

Safety, Health, and Welfare of the Employees Essay
Safety, Health, and Welfare of the Employees
Over the years, Government has taken great care to protect employee's rights to take care of
themselves and their families. Two of the greatest pieces of legislation passed to protect employees'
rights to themselves and their families are the Family and Medical Leave Act (FMLA) and the
Occupational Safety and Health Act (OSHA). This paper will summarize the application and
implication of FMLA and OSHA. The Family and Medical Leave Act (FMLA) was written into law
in February 5, 1993 by President Bill Clinton. FMLA was established to help protect employees
who missed work for medical reasons. The law was adopted to provide workers with rights to
protect their jobs while taking care of medical ... Show more content on Helpwriting.net ...
The birth and care of the child.
2. The placement of the child for adoption or foster care.
3. The care of spouse, child, or parents of the employee who has a serious health condition.
4. A serious health condition of the employee that makes the employee unable to perform the basic
functions of their employment (Alexander & Hartman, 2007, 299).
Upon complete satisfaction of all FMLA requirements, employers have the responsibility to provide
up to 12 weeks of unpaid leave to eligible employees. The single most important responsibility
employers have in regards to FMLA is to ensure that employees come back to the same position or
one of equivalent pay and task. Employers have the responsibility to ensure employees can take
necessary time off from work to take care of their families or themselves and not worry about
whether they will have a job to come back to after their leave expires.
The Occupational Safety and Health Act (OSHA) was written into law in December 29, 1970 by
President Richard Nixon. OSHA was created to ensure safe and healthful working conditions for all
employees and to preserve the human resources. Prior to OSHA, workers had no way of protecting
themselves from the daily dangers and hazards present in high risk and low risk occupations. OSHA
claims the act has helped cut occupational related fatalities by more then 60 percent and injury and
illness rates by 40 percent since 1971 (Alexander & Hartman, 2007, 692).

The Seven Spiritual Laws of Success Essay
The Seven Spiritual Laws of Success Following the Seven Spiritual Laws of Success has made me
the person that I am today. The laws that we have followed have been the Law of Pure Potentiality,
the Law of Giving, the Law of Karma or Cause and Effect, the Law of Least Effort, the Law of
Intention and Desire, the Law of Detachment, and the Law of Dharma or Purpose in Life. These
laws have taught me that success is not a destination it is a journey. They have taught me that true
success is the unfolding of the divinity within us. And following these steps has helped me to find
success with in myself. Applying the first step in the Law of Pure Potentiality was very difficult for
me because I live on campus. It was very difficult for ... Show more content on Helpwriting.net ...
It makes me see how simple life really is. The third step in the Law of Pure Potentiality was the
most difficult to obey, it still is extremely difficult for me. All my life for some reason I have been
judgmental, I always made comments on others clothes or their demeanor. Not always in a negative
way, usually I am just stating things that I have noticed. It is like second nature to me especially
because my family and friends are the same way. After learning about this law and discussing it I
noticed how much I actually do it. Everyday I catch myself going to make comments. I usually I
stop myself before I speak, I do not always though. It is very difficult for me, it upsets me a lot when
I am judgmental. I have gotten much better than I was. I notice how I am not judging where in the
past I normally would. The Law of Giving steps are not as difficult for me to follow as the Law of
Pure Potentiality. The first step is the hardest for me. I do not always remember to bring a gift
wherever I go, and sometimes I feel like it is inappropriate, that others will think that I am weird.
Like when I am going to someone that I do not know that well's house for a short time, and when I
go to my boyfriends' house because I go there so often I think they would think it was strange that I
was always bringing gifts. Although, when I go to friends houses for dinner or for overnight I do
bring a gift, like cookies, chips, or soda. Something

Business Ethics Essay
Question 1:
1. What are the relevant facts? (10 marks)
Annie, a copywriter for Laird and Laird (L&L) Advertising, has been assigned to Bud's Best (BB)
bacon account.
Lance Willard is a popular Hollywood movie star, has signed 1 year contract with BB bacon for
product testimonials (when given by celebrities known as celebrity endorsements).
President of L&L, (Victor) explains to Annie that Victor has signed an affidavit swearing that he is a
bona fide user of BB bacon.
Although Lance has plenty of personal experience with BB bacon, as is legally required for him to
give a personal testimonial, and he has always preferred BB to any other brand of bacon, Lance has
recently turned into a vegetarian for the past one ... Show more content on Helpwriting.net ...
American Advertising Federation
4. What are the possible alternatives (course of action) available? (20 marks)
Annie could discuss with the company to drop using Lance in this campaign and use someone else
who is currently consuming the product.
Annie could decline to continue to work on the campaign because it is against her professionalism.
Annie could have asked to be reassign to some other account where the product poses no health
hazards or morally ethical.
Annie could propose another method using Lance which doesn't suggest that Lance has ever
personally used the product.
Annie could agree to go to work on the campaign as proposed.
Annie could propose another method using Lance which doesn't suggest that Lance has ever

personally used the product.
5. What are the ethics involved in these alternatives? (20 marks)
In order to determine the ethics involved in these alternatives, we should look into the outcome of
act/omission by a person involved. This would lead to questions asked based on a "utilitarian"
perspective (costs and benefit):
For example: 1. Which possible alternative would provide the greatest benefit to the greatest
number?
2. How would costs be measured in this vignette?
3. Do the benefits of being consistent with your personal

Protection Of Intellectual Property Essay

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