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Trade-mark and Patent Infringement Remedies, 2008.
Compares Canadian law and legal practices regarding trade mark and patent infringement remedies.
2,285 words (approx. 9.1 pages), 4 sources, MLA, $ 70.95
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Abstract
This paper explains that, while the legal debates over trade-mark and patent infringement remedies are analogous because both involve some infringement of intellectual properties, clear similarities and differences exist between these two areas of litigation. The author points out that a comparison and contrast of the remedies available in cases of trade-mark and patent infringement suggest that they often differ not so much in the general remedies themselves but in the particulars of their implementation. The paper argues that the belief that remedies are to be treated more as an afterthought than an independent area of study is no longer possible or desirable in the contemporary context.
Table of Contents:
Comparison and Contrast
Reflections
From the Paper
"These Anton Piller orders represent a significant difference between remedies for trade-mark and patent infringement as they reflect how the phenomenon of piracy has developed and evolved in recent years. In such examples, the piracy of intellectual property has no clear analogue in the area of patent infringement. The counterfeiting of products and the deliberate infringement upon trade-marks in order to pass a product off as the work of a previously existing company/organization with a registered trade-mark is a phenomenon of increasing concern today."
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Brown v. Board of Education (1954): Impact on USA, 2008.
An explanation of the "Brown v. Board of Education" case and its impact on American education.
1,963 words (approx. 7.9 pages), 8 sources, APA, $ 62.95
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Abstract
This paper discusses the case of Brown v. Board of Education (1954) that compelled school administrators and school districts to throw open their doors to African-American students after generations in which segregation had been the accepted norm in US education. This paper argues that "Brown v. Board of Education" was historic because it overturned the Supreme Court decisions of the past that had guided and legitimated segregationist education in America for decades.
From the Paper
"The case was significant, first and foremost, because it over-turned Supreme Court precedent. To be more precise, the Plessy v. Ferguson decision of 1896 had upheld the public policy of the state of Louisiana to segregate African-Americans. Particularly, the Court said that Louisiana was fully justified in having separate facilities for African-Americans and for whites as long as though facilities were "equal". In the Court's considered opinion, the Fourteenth Amendment - a constitutional amendment demanding equal protection under the law for all citizens and one that also impels states to treat equally all citizens under their respective jurisdictions - was not violated by the Louisiana policy of dividing black from white. As the High Court chose to interpret the matter, to the extent African-Americans and their sympathizers saw segregation as a sinister plot to suggest the racial inferiority of African-Americans, such a suggestion or intimation only existed because African-Americans chose to put that construction upon the situation. Of course, as it turned out, the High Court was rather profoundly mistaken."
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Terrorism and Conflict Theory, 2008.
This paper discusses terrorism as a subject of criminology and conflict theory.
2,064 words (approx. 8.3 pages), 10 sources, MLA, $ 65.95
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Abstract
In this article, the writer discusses that terrorism is a methodology that belongs to military science in a collection of techniques, but terrorism is included under the category of criminology in library cataloguing systems. The writer notes that terrorism can be well understood through the approaches of criminology, however, conflict theory seems best equipped to explain terrorist organizations and acts, depending upon circumstances, for reasons that are explained in the paper's later sections. The writer concludes that like well planned crimes, incidents of terrorism often do work, as a set of considerations to be kept in mind before denouncing crime or terrorism, or acts of terrorism as mere random crimes which they are not.
Outline:
Introduction
Classical Theory and Terrorism
The Consensus School and Terrorism
Conflict Theory and Terrorism
Conflict Theory, Sri Lanka and Tamil Terrorism
Concluding Remarks
From the Paper
" If one traces the rise of modernity from the Industrial Revolution, capitalist development and the ideas of the Enlightenment, one appreciates classical models of criminology to assert that deviance was a natural result. Since human beings are rational creatures, they should have and will demand rights and freedoms, eventually. The deviant person asserts his or her rational self-interest due to a particular form of 'free thought' and agency that we discuss as deviant and thus, criminal, because it departs from a society's legal framework and moral standards. This classical approach has replaced earlier ideas of the criminal as a person acting under supernatural influence, as in medieval ideas of the criminal as a person possessed by the devil. Instead, crime came to be seen as a rationally calculated action with the result that reducing crime meant deterrence, in approaches based on how the deviant could be dissuaded from committing a crime, its penalty helping a criminal to see that a planned crime was not rational or appealing because of its risks. Further thought moved from a concept of the punishment fitting the crime, proportional to the harm done to society, or a specific victim."
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Human Rights as an Internal Affair, 2008.
This paper argues that human rights are not an internal state affair and rejects that attempting to impose universal human rights is simply Western cultural imperialism.
1,260 words (approx. 5.0 pages), 4 sources, APA, $ 42.95
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Abstract
This essay argues that there are such things as universal human rights, and that when one state violates these, other states have a legitimate reason to raise appeal. The essay states that this can give rise to a tension between state autonomy and universal rights, however, it argues that this possibility must be endured, for the alternative is to allow people to be abused. Moreover, the paper asserts that there are practical steps that could be taken to encourage sovereign states to acknowledge universal human rights.
From the Paper
"The only difference between those who argued against suffrage in the West or against same-sex marriage in Canada, and those who today argue in favour of genital mutilation in Nigeria, is that the Western defenders of sexism and heterosexism claimed to speak for all of humanity, and for God, while the minorities claim only to speak for themselves, and sometimes for their own God - and of course, for "their women." The principle is the same - invoking culture, God, nature or tradition to justify oppression of women or other minorities, and in this way attempting to maintain the status quo. That argument was overcome in England and in Canada, and it should be overcome in non-Western nations too. Moreover, it is argued that if this poses some slight risk to the autonomy of some individual nations, then so be it. National autonomy should not extend to the point of giving ruling groups the right of torture, murder, mutilation or any other kind of violent abuse against individual human beings - not even if they are women or children!"
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American Terrorism: Reconstruction to the Present, 2008.
An analysis of the development of the Ku Klux Klan (KKK) and its evolution from the time of reconstruction to the present day.
1,699 words (approx. 6.8 pages), 6 sources, MLA, $ 55.95
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Abstract
This paper defines and describes acts of terrorism and hate crimes committed in the United States beginning with the evolution of the first Ku Klux Klan (KKK) organized after the Civil War (the era known as reconstruction). It discusses the people, geography and social forces which were instrumental in the formation of the first KKK, as well as subsequent reorganizations of the KKK. It then looks at the evolution of hate crimes in America and uses examples of organizations and activities of hate crime perpetrators as defined by legislative acts.
Table of Contents:
Abstract
American Terrorism
The First Ku Klux Klan
The New Ku Klux Klan of 1915
The Klan after World War II
Hate Crimes
Conclusion
From the Paper
"In 1990, the U.S. Congress passed a hate-crime bill that mandated the Federal Bureau of Investigation (FBI) to systematically collect information on hate-motivated crimes. Criminal justice decision makers consequently began to place central importance on attaching hate as a motivation for criminal acts. By establishing racial or religious hate as the component of an incident, the police were able to gain political impetus for expanding financial resources to law enforcement agencies, enabling them to enforce the laws directed at hate crimes (Maxwell, C., 1995)."
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Criminal Justice in Canada, 2008.
This paper discusses Section 718.2 (e) of the Criminal Code of Canada as a reflection of changing societal conditions.
1,706 words (approx. 6.8 pages), 2 sources, APA, $ 55.95
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Abstract
The essay examines the advantages and disadvantages of Section 718.2 (e) of the Criminal Code of Canada. Some critics view it as an adequate option for sentencing criminals whereas others believe it directs the Western legal system away from adequate reform. The paper concludes that the code reflects the liberal character of the Canadian justice system.
Outline:
Introduction
Section 718.2 (e): Point/Counterpoint
Conclusion
From the Paper
"The arguments for Section 718.2 (e) most closely resemble Canadian legislative ideals. The point that Section 718.2 (e) only offers judges the option of employing sanctions other than confinement upon sentencing is demonstrative of the liberality of choice that is part of the Canadian justice system. The argument that Section 718.2 (e) is part of a general effort to represent enlightenment and a real effort to address the problem of Aboriginal overrepresentation in correctional institutes is one which is also particularly relevant to Canadian legal thinking."
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Constitutional Government, 2008.
This paper discusses the balance of power in America's federal system of government.
2,441 words (approx. 9.8 pages), 3 sources, MLA, $ 74.95
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Abstract
The paper discusses how each of the three branches of the U.S. federal government have the responsibility to provide a constitutional check on the powers of the other two branches. The paper discusses the inevitable imperfections of constitutional government and refers to the present Bush administration and its flaws. The paper notes, however, that because of the constitutional authority enjoyed by the American people through elections, they have the ultimate authority to remove legislators and presidents from office should they choose to do so.
From the Paper
"The United States Constitution mandates that each of the three branches of the federal government exists in order to provide a constitutional check on the powers of the other two branches. Congress has express and implied powers, as does the chief executive and the judiciary, and these respective powers are intended to serve as checks and balances in order to prevent any one branch of government from abusing its power.
"Congress has the power to declare war, regulate interstate commerce, undertake public works, regulate foreign commerce, approve treaties, and approve the appointment of executive branch officials and American ambassadors to foreign countries. (Lowi and Ginsberg 95) The House of Representatives and the Senate both play a role in these activities, and also debate and pass legislation that is then sent to the president to sign into law or veto. (Lowi and Ginsberg 107)"
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Inhumane Prisons?, 2008.
An argument against the harsh conditions of supermax prisons.
2,404 words (approx. 9.6 pages), 5 sources, APA, $ 73.95
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Abstract
The paper reveals the incredibly harsh prison conditions that include extreme isolation, no privacy and a significant reduction in stimulation. The paper questions the ethical aspect of these facilities, whether the conditions of the supermax prison are justified and whether such environments encourage the inadequacies of prison guards and supervisors. The paper then claims that the United States is living with the lack of morals and value for human life that is prevalent in Third World Countries.
From the Paper
"In the 1990's there was a conservative push to build supermax prisons that would house the most dangerous criminals. These inmates would require extraordinary security and the location of their incarceration would be based on their behavior rather than their crime. Two supermax prisons were constructed in Virginia. These identical prisons housed 1200 extremely dangerous inmates each. The supermax prisons represented a government that was tough on crime--during the 1990's parole is nearly abolished and prison sentences were made longer. Virginia is used here as an example of a national trend of isolating disruptive prisoners. There are actually thirty-six supermax prisons open currently in the United States (Lynd, 1996)."
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Legal Case: Trade Secrets, 2008.
Looks at a legal case regarding trade secrets, conflicts of interest,
and covenants not to compete.
1,130 words (approx. 4.5 pages), 13 sources, APA, $ 39.95
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Abstract
This paper explains that, as employees have access to trade secrets, they pose the threat of stealing the secrets when they leave the business. Thus, American law allows the employer to protect his interests through the somewhat limited enforceability of covenants not to compete. The paper then points out that, while these covenants have been used for many years, new issues have emerged as the economy has become more flexible with employees frequently changing jobs and with businesses being sold to successor companies. The paper goes on to analyze the test case of "Riamonde v. Van Vlerah" (1975) whereby the Ohio courts uphold covenants to not compete thus protecting trade secrets. The paper includes references to several other cases as well.
From the Paper
"In trying to balance the reasonable rights of the employer to protect trade secrets and the right of the employee to work, Ohio courts seem most inclined toward what might be called the "Express Consent" approach. A successor employer can enforce a non-compete agreement only if it meets three requirements. First, the employer must show that employees expressly consented not to compete against the successor employer. This could be shown by either of two means: (1) the non-compete provision must state that the covenant is an asset of the predecessor employer, and must state that it can be transferred to the employer's successors and assigns."
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Privacy and Surveillance, 2008.
This paper looks at the issue of privacy and surveillance and discusses where and how we should draw the line between them.
2,505 words (approx. 10.0 pages), 4 sources, MLA, $ 76.95
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Abstract
In this essay, the writer argues that privacy is very important in a liberal, democratic state and that it should be extended to the fullest practicable extent. At the same time, the writer also maintains that privacy concerns have to be balanced against the understandable need to protect others in society - this is especially true in a day and age of global terrorism. As a result of all this, the writer proposes that one should draw the line on surveillance in the following way: In the public space one should permit video surveillance, visual surveillance, and intermittent "checks" on employees just as long as the surveillance adheres to the standard of reasonableness articulated by the United States Supreme Court in "O'Connor v. Ortega". Turning to the private sphere, the writer holds that the much tougher standard of probable cause should be employed when it comes to watching and/or searching a citizen's private dwelling. A significant component of this paper is also set aside to looking at different types of surveillance approaches or activities and when and where each one is defensible - and when and where each one is not. The writer concludes that society does itself a grave injury by not ensuring that the prying eyes of the government cannot intrude into the inner sanctum of our lives.
From the Paper
"For one thing, the more traditional Fourth Amendment warrant and probable-cause requirements - requirements that permitted law enforcement searches of the personal possessions of private citizens - should really only apply in instances where a private dwelling is being searched or a personal vehicle is being searched; in cases where it is a desk or file or locker at a place of business, "reasonableness" alone is sufficient because the smooth operation of the workplace demands that investigations be launched periodically when an employee's performance or conduct is damaging to the organization. Additionally, when people enter someone else's private dwelling, they usually do so because they have been invited into that dwelling; to simply invite oneself in is, of course, tantamount to criminal trespass. Conversely, when people enter a public space to work, they are not doing so of their own volition but because they have a contractual obligation to do so; in other words, if they decline to appear (enter into that public space) for work without a legitimate reason (such as illness) or without proper notification, they run the risk of being ejected from their position. Because other people have to be present, a safety issue inevitably comes into play in public spaces - one that demands reasonable precautions be undertaken by management to protect others from possible harm."
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Drug Offender Treatment Programs, 2008.
An overview of treatment programs for drug offenders.
2,164 words (approx. 8.7 pages), 5 sources, APA, $ 67.95
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Abstract
This paper shows how the role of drug offender treatment programs and the criminal justice field are associated. It includes a literature analysis that highlights the associated cost/benefits from these programs and how or if they can be integrated within criminal justice policy to provide a suitable alternative to other forms of punishment for certain offenders.
Outline:
Introduction
Understanding Drug Offender Treatment Programs: Literature & Scope of Study
The Role of Drug Offender Treatment Programs
Drug Treatment Programs Versus Prison: Analyzing the Fiscal and Social Implications
From the Paper
"The literature is divided on this issue, since there is one argument that these programs lessen the number of individuals in prison and is more effective, since treatment in a prison environment is less efficient and has a higher probability of resulting in failure. However, there is another set of theorists who argue that these programs are not effective, since they literally force individuals into treatment, which is not the way to treat diseases related to addiction (Marlatt and Donovan, 2005, p. 239). "
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International Business Law, 2008.
This paper focuses on the "Libyan Arab Foreign Bank v. Bankers Trust Company" case of 1988.
924 words (approx. 3.7 pages), 3 sources, APA, $ 32.95
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Abstract
The paper offers a summary of the "Libyan Arab Foreign Bank v. Bankers Trust Company" case of 1988. The paper then looks at current events of international corporations doing business in the U.S. and their submission to U.S. law. The paper also discusses the role of e-commerce and the legal precedents of the Libyan Bank case.
From the Paper
"The oil industry is continuing to become largely an international venture, with consolidations of domestic United States operations creating attractive assets for foreign purchase. The recent attempt by the Chinese national oil company to purchase UNOCAL corporation and the Dubai World ports purchase of the company the operated many U.S. ports brought to light a half century old congressional act protecting vital domestic infrastructure. The Defense Production Act of 1950 empowered the President to block the purchase of U.S. companies by foreign corporations if national security is threatened (James & Wall, 2007, n.p.)."
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Canadian Retirement Pensions, 2008.
This paper looks at the Canada Pension Plan and Old Age Security pension that are relevant for Canadian workers.
829 words (approx. 3.3 pages), 5 sources, APA, $ 29.95
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Abstract
The paper looks at why the Canada Pension Plan (CPP) and Old Age Security pension were brought into existence and explores additional, pertinent acts at the provincial level. The paper then discusses how retirees can ensure they receive CPP/employee benefits and concludes by looking at how the federal acts impact other, provincial acts. The paper highlights the importance of understanding the pension process in Canada and its dynamics.
From the Paper
"To begin with, the Canada Pension Plan and the Old Age Security Pension were both established because it was evident by the early war years that something needed to be done to assist the elderly in their declining years; in particular, these men and women simply did not have enough money to ensure themselves a comfortable, or even adequate, standard of living after retirement. With that in mind, 1951 saw section 94A added to the British North American Act (now the Constitution Act, 1867). The new addition stated that the federal government could enact laws pertaining to old age pensions along as the legislation did not affect laws administered in the provinces. One year later, courtesy the new powers granted under section 94A, the universal Old Age Security Program was put into place, but only for Canadians aged 70 and above."
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The Graying Inmate: An Accelerating Crisis, 2008.
An examination of the aging prison population in America.
3,425 words (approx. 13.7 pages), 14 sources, APA, $ 96.95
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Abstract
This paper examines the troubling phenomenon of an aging prison population in America. The paper looks at the threats posed by chronic ailments common to old age as well as the shortcomings of the current system when it comes to assisting the elderly. The paper further explains that chief among these shortcomings is the lack of a universal, national program or curriculum for meeting the needs of prisoners above the age of 50. The paper also examines some different options available to policy-makers eager to improve the situation. The paper then suggests that far from being mutually exclusive, many of these programs can serve as individual parts of a multi-pronged assault on the problem of the geriatric within the prison system of the United States. In conclusion, the paper shows that strong diagnostic and predictive capabilities, an on-going treatment program that reaches beyond release, recreational activities, and universal standards are all things that, working in tandem with specialized geriatric units, can save lives and make American prisons more humane.
From the Paper
"The American population is growing steadily older - literally year by year. This phenomenon has obvious and very serious implications for the nation's social welfare policies, but it also does not bode well for the United States prison system insofar as a graying prison population means the diversion of more and more scarce resources towards tending to the elderly individuals (or those individuals in late middle age) who happen to be behind bars. What the next several pages intend to show is that, while far from perfect in its response, the United States prison system is belatedly taking steps to assist those over 50 who are being held in our country's incarceration facilities; now what the US penal system needs to do is to work towards a universal geriatric prisoner care policy that will involve all states and hold all states rigidly accountable if they deviate from that policy."
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"Korematsu vs.United States", 2008.
Looks at the Supreme Court case of "Korematsu vs.United States", which upheld the Japanese-American relocation order of WWII.
810 words (approx. 3.2 pages), 1 source, APA, $ 28.95
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Abstract
This paper explains that, in September 1944, the United States Supreme Court ruled in the case of "Korematsu v. United States" (1944) by a 6-3 vote, to uphold Korematsu's conviction for violating the order to evacuate the West Coast. The author points out that the majority ruling was written by Hugo Black, Felix Frankfurter wrote a concurring opinion and dissenting opinions were written by Robert Jackson, Owen Roberts, and Frank Murphy. The paper stresses that, in this case, the Court placed a heavy burden on anyone trying to defend racial discrimination even though the Court allowed such discrimination against Fred Korematsu. The author argues that, nonetheless, the Court should have protected Korematsu's constitutional rights.
From the Paper
"Fred Korematsu was an American citizen of Japanese ancestry and lived in the San Francisco Bay area. He had a good job and a steady girlfriend, and he decided not to obey the relocation order. He went so far as to have plastic surgery performed on his face, and he told strangers that he was of Mexican descent, or Spanish-Hawaiian. This was not an effective ploy, though, and Korematsu was arrested in May 1942 for failing to comply with the evacuation order."
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Maternal Filicide and Mental Illness, 2008.
An analysis of the relationship between maternal filicide and mental illness.
1,146 words (approx. 4.6 pages), 7 sources, MLA, $ 39.95
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Abstract
This paper presents a case that occurred in New Port Richey, Florida, in which a young mother, Jessica Warren, killed her son. It describes her history of unstable behavior and family history of schizophrenia and then discusses research on the link between maternal filicide (or mothers killing their children) and mental illness. The paper concludes with a brief discussion on the need for continued future research into this area.
Table of Contents:
Filicide and Schizophrenia
Continued Research
Conclusion
From the Paper
"Warren may have believed the voices that she heard were real beings, as displayed by her belief that she was killing demons when she accidentally killed her son. Garrett and Silva (2003) suggest that this belief might be an error in "source monitoring," the process by which a person determines the origination of an event (p. 445). Garrett and Silva studied a population of 41 patients with auditory hallucinations, housed at an inner-city psychiatric service (pp. 447-448). Patients were subject to "semi-structured, recorded, and transcribed" interviews, which were then analyzed using the previously developed Source Monitoring Framework (pp. 446-447). Twelve percent of the patients reported hearing command hallucinations that were so powerful as to suggest a real presence. However, these voices were distinguishable from the voices of real people with whom they interacted (Garrett & Silva, 2003, p. 451)."
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Problems and Practices in Sports, 2008.
This paper discusses grievance procedures related to problems and practices in sports.
1,432 words (approx. 5.7 pages), 5 sources, MLA, $ 47.95
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Abstract
In this article, the writer explores the policies, procedures and grievances that can occur in sports. The personal services contract and its relevance to sports are detailed and the role of the athletes and their contractual relationship with an individual promoter or team owners are discussed. The paper also reviews the history of player unions and sports league relationships and explains the governing bodies that control this relationship. In addition, the collective bargaining process, arbitration and mediation process are explained as they relate to professional sports.
Outline:
Abstract
References
From the Paper
"In the case where an athlete refuses to compete in an individual event, a boxing match for example, the promoters, the people whom engaged the athlete for their unique abilities, can sue the athlete for monetary compensation. The amount of damages due to the promoters is easily calculated in the form of lost profits from the revenue derived from the exhibition of the sporting event. In the case of an athlete that is a member of a sports team, and is a similar hypothetical where the athlete refuses to participate in a particular game, it is much harder to determine the extent of the lost profits for a single player not participating causes. Most likely there is another athlete on the team that can fulfill the responsibilities of the wayward athlete, and there can be no discernable effect on the event."
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Reconstruction as a National Phenomenon, 2008.
An examination of the ways that important aspects of US Reconstruction legislation were national in their implications.
1,108 words (approx. 4.4 pages), 4 sources, MLA, $ 38.95
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Abstract
This paper examines how the politics of Reconstruction did have a nationwide impact which has changed the nature of our government up till the present day. In particular, the paper looks at the Fourteenth and Fifteenth Amendments and the Civil Rights Act of 1875 and their national implications.
From the Paper
"By the late 1870s, the varied patchwork of legislation, armed force, and partisan compromises that was Reconstruction had petered out, and Southern whites began to reassert their dominance, bringing an ambiguous end to this phase of history. While unquestionably impacting the lives of Southerners tremendously, the politics of Reconstruction did have a nationwide impact which has changed the nature of our government up till the present day. By the power of Constitutional amendments such as the 14th and 15th, and precedent-setting legislation such as the first Civil Rights Act, the Federal government vastly extended its reach and influence, asserting its power to override state laws and even to replace state governments seen to be failing to follow Constitutional requirements. The ongoing tension between states' rights and the Federal government continues to generate strong political controversies even today."
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